Termos e Condições de Uso

BRAZILIAN GHOST WEBSITE TERMS AND CONDITIONS OF USE

LAST UPDATE: SEPTEMBER 24, 2019

PARTIES AND ACCEPTANCE

Through this BRAZILIAN GHOST Terms of Use and Conditions, hereinafter simply referred to as the CONTRACT, BRAZILIAN GHOST, hereinafter simply referred to as "BRAZILIAN GHOST", establishes with the "BUYING USER" or "SELLER USER", hereinafter referred to as such, after the manifestation the acceptance of the Terms and Conditions of Use of the BRAZILIAN GHOST WEBSITE, this Agreement.

ACCEPTANCE IS INDISPENSABLE FOR SALES AND PURCHASES ON THE WEBSITE HTTP://WWW.BRAZILIANGHOST.COM/ , THE SALE OR PURCHASE ON THE WEBSITE IS EXPRESSLY PROHIBITED BY A PERSON LEGALLY UNABLE OR WHO DOES NOT AGREE TO THE COMPLETENESS OF THE TERMS OF THIS AGREEMENT.

USERS ACKNOWLEDGE THAT THEY HAVE READ, UNDERSTAND AND ACCEPTED the conditions set forth in this Agreement, so that the use of the website ( http://www.brazilianghost.com/ ), whether through the sale or purchase of "TRACK" of any nature, implies in acceptance of all terms and conditions set forth herein.

DEFINITIONS

SITE:

http://www.brazilianghost.com/

TRACK:

Original musical work, track, remix, intros, soundtracks, collabs, etc.

READY TRACK(s):

Musical work(s) authored by the SELLER USER, with assignment of all rights to the work and waiver of any royalties or present and future remuneration on the work, which will be made available for purchase by the USER BUYER.

CUSTOM TRACK(s):

Musical work(s) authored by BRAZILIAN GHOST's partner musicians and producers, by the purchasing user or by a third party, which will be made available for purchase by the BUYER USER through customization options available on the website http://www.brazilianghost.com / , according to each package offered, including, but not limited to, original tracks, remixes, soundtracks, set intros, collabs, and so on.

SELLER USER:

Individual or legal entity, with full civil capacity, who intends to make available on the website http://www.brazilianghost.com/ TRACK PRONTA, upon prior registration, so that the BUYER USER may acquire TRACK PRONTA and TRACK CUSTOM [JPC1] , assigning the SELLER USER all rights, copyrights and related rights, waiving any royalties arising from the assigned TRACK, in the present and in the future, subject to the receipt of the amount established for each TRACK READY and PERSONALIZED TRACK [JPC2] , considering the remuneration of BRAZILIAN GHOST.

BUYER USER:

Individual or legal entity, with full civil capacity, who intends to purchase on the website http://www.brazilianghost.com/ TRACK PRONTA and PERSONALIZED TRACK [JPC3] , upon prior registration, to acquire all copyrights and related rights , upon payment of the amount established for each READY TRACK and CUSTOM TRACK [JPC4] .

Producer:

Music producer(s) partner(s) of BRAZILIAN GHOST, responsible(s) for composing, producing, recording, mixing and mastering TRACK READY [JPC5] and CUSTOM TRACKS requested by the BUYER USER.

BRIEFING:

Exchange of concise and objective information and instructions about the CUSTOM TRACK idea between the PRODUCER and the BUYER USER of the CUSTOM TRACK.

DEMO MUSIC (DEMO):

Recording by BRAZILIAN GHOST of the initial idea of a CUSTOM TRACK after the BRIEFING between the BUYER USER and the PRODUCER, which will be sent to the BUYER USER by BRAZILIAN GHOST for approval or full refund of the advance made by the BUYER USER in the event that the demo is not approved.

MIXING:

Process of combining several sound channels from the most diverse instruments, with multitrack recording (multiple tracks), amplified and/or recorded separately, with editing, cutting, applying effects, plug-ins, stereo, increasing and decreasing volumes, balancing the sounds, etc.

MASTERIZATION:

Finalization of TRACK READY [JPC6] and TRACK CUSTOM, being applied after the production and recording of the audio over the mix, with equalization, compression, limiter and stereo enhancement, optimizing the reproduction of TRACK READY [JPC7] and CUSTOM TRACK in all types of sound system and media formats.

STEMS FILES (.WAV)

These are audio files that contain a fraction of a track with musical elements such as drums, bass line, harmonies, etc. in .wav format (superior quality and definition).

MIDI SEQUENCES OF THE PROJECT (MASTERED AND UNMASTERED VERSIONS

MIDI means, in English, Musical Instrument Digital Interface, that is, musical instrument digital interface, and its reading allows playback by computers. BRAZILIAN GHOST will send the BUYER USER versions with mastered (mastered) and without mastering (unmastered), with the entire MIDI sequence of the project.

OF THE OBJECT

The website http://www.brazilianghost.com/ consists of a digital platform that mediates the purchase and sale of READY TRACKS between the selling user and the buying user, as well as promoting the sale of CUSTOM TRACKS by BRAZILIAN GHOST itself.

Registered users, in turn, use the platform as a channel to sell musical works, guaranteeing and declaring ownership and originality, as well as intermediating the purchase of READY TRACKS made available by the SELLER USER to the BUYER USER.

The use of the SITE ( http://www.brazilianghost.com/ ) does not create any type of professional relationship or responsibility between BRAZILIAN GHOST and the Users, whether they are buyers or sellers, except as expressly provided for in this Agreement, so that the The site only consists of a digital platform that will enable the sale of TRACKS from the Seller User to the Buyer User.

PROHIBITIONS

The sale of TRACKS (works), of any nature, that the selling user is not the owner or creator of is prohibited.

It is expressly forbidden to disclose, after the sale of TRACK PRONTA by the selling user, any information, news, post on social networks, regarding their authorship of the work, under penalty of legal sanctions, whether civil, criminal, administrative measures.

REGISTRATION POLICY AND CONDITIONS FOR APPROVAL OF USER REGISTRATION BY BRAZILIAN GHOST.

Users who intend to use the BRAZILIAN GHOST website ( http://www.brazilianghost.com/ ) must compulsorily fill in the registration fields and provide valid and correct information.

Incomplete registrations, with inaccurate information or with evidence of attempted fraud will be submitted to analysis by the information security sector of BRAZILIAN GHOST, and, once irregularity of any nature is confirmed, such registrations will be permanently deleted from the platform.

Registration does not automatically validate the use of the platform, being expressly notified that all registrations will be subject to analysis, approval and validation by BRAZILIAN GHOST, and only after this step will users be able to operate with sales and purchases on the platform.

BRAZILIAN GHOST may, at any time and without notification, change the registration policy, and may require additional documents from users, such as, but not limited to, certificates of distribution of civil and criminal proceedings; certificates of state and federal police investigations; clearance certificate of federal, state and municipal taxes, etc.

The information provided at the time of registration is the sole and exclusive responsibility of the person who entered it, given that, in the event that the user, whoever he may be, causes damages of any kind, legal measures may be taken by BRAZILIAN GHOST in order to safeguard its interests and the integrity of other users and professionals who use the platform, whether those who promote the sale of READY TRACKS, whether those who acquire READY TRACKS or CUSTOM TRACKS.

FREE REGISTRATION ON THE BRAZILIAN GHOST WEBSITE ( http://www.brazilianghost.com/ ).

Registration on the site will be free, and acceptance of the terms and conditions of use and privacy policy of this Agreement is required, and BRAZILIAN GHOST approval to complete the registration.

Registration by the seller user will not automatically enable TRACK PRONTA to be immediately available on the website http://www.brazilianghost.com/ , users being aware that there will be a filter, upon analysis by the BRAZILIAN GHOST technical team, to measure the quality standard of recordings.

The free registration does not remove the rules for payments and use of the website provided for in this Agreement, described below.

SALES OF "READY TRACKS" BY SELLING USERS AND PURCHASE BY BUYING USERS.

The seller user who accepts the terms of this instrument must create a registration on the website http://www.brazilianghost.com/ , and, after approval of the registration request by BRAZILIAN GHOST, access will be provided to the seller user to make the TRACK PRONTA available on the website and promote the offer and respective sale to the purchasing user on the website https://pagar.me/ .

The seller user is aware and accepts that TRACK PRONTA will only be made available for sale on the website http://www.brazilianghost.com/ if approved by the technical team of quality standards of BRAZILIAN GHOST.

The criteria to certify the quality standard of each TRACK will be confidential and it will be solely up to BRAZILIAN GHOST to determine if the TRACK will be made available for sale on the website. In case BRAZILIAN GHOST refuses to make the TRACK available for sale on the website, the selling user will be notified, and the parties agree that BRAZILIAN GHOST may not use such TRACK under any circumstances, for any reason.

The selling user, after registering, must sign the DECLARATION OF ORIGINALITY, AUTHENTICITY, AUTHORSHIP AND ONEROUS ASSIGNMENT OF ALL RIGHTS TO THE WORK (TRACK READY), whose effectiveness of the assignment will be subject to the sale of each work (TRACK READY) to the purchasing user, upon payment of the price indicated on the website.

Once the sale of TRACK PRONTA has been verified on the website http://www.brazilianghost.com/ , it is strictly forbidden to re-market TRACK, on the BRAZILIAN GHOST platform, by the seller user or by BRAZILIAN GHOST itself, so that the seller user, to receive the amount that fits in the sale brokered by the website http://www.brazilianghost.com/ , discounted the percentage that belongs to BRAZILIAN GHOST, will give the fullest, general and irrevocable discharge, giving definitively and indefinitely to the purchasing user, all copyright and related rights and the property that falls on the work (TRACK PRONTA), never being able to claim any remuneration or royalties on the work, of any nature, whether in the face of BRAZILIAN GHOST or third parties, whoever.

In order to maintain the absolute secrecy and confidentiality of each sale and purchase of PRONTAS TRACKS intermediated by the BRAZILIAN GHOST platform, the seller user is aware, and expresses his acceptance, that he will never be informed who the buying user is, and must maintain the most absolute confidentiality about being the creator of the work, under penalty of suffering the appropriate legal actions and reparation for all losses and damages experienced, either by BRAZILIAN GHOST or by the purchasing user.

When making TRACK PRONTA available, the seller user must upload, on the website or via email [JPC8] , the files that will be required by BRAZILIAN GHOST of TRACK PRONTA, and must present a summary of the creation process, in addition to which programs , synthesizers and plug-ins were used to create TRACK PRONTA.

The period for making the sale value available for redemption by the selling user is 10 (ten) business days, counted from the day following the confirmation of receipt, by BRAZILIAN GHOST, of the payment made by the buying user.

The purchasing user, upon confirmation of payment for the purchase of TRACK PRONTA, will receive, within two (2) business days, in the registered email, all TRACK PRONTA files, with a summary of the creation process, in addition to which ones programs, synthesizers and plug-ins were used to create TRACK PRONTA.

Payment for TRACK PRONTA may be made by the purchasing user through any channels made available by BRAZILIAN GHOST.

It is the seller user's obligation to declare and collect the taxes due on the amounts received, exempting BRAZILIAN GHOST from any tax, civil, criminal, administrative, and of any nature, and express acceptance of them.

BRAZILIAN GHOST will not assume any responsibility for any fraud committed by users, with regard to payments, to the authorship of TRACKS PRONTAS, precisely because it does not have any management over the creation or control over the activities of the seller users, being certain that this Agreement it only grants a license to use the software of the website http://www.brazilianghost.com/ , acting as an intermediary for sales and purchases.

The TRACK PRONTA sale and purchase procedure is completed, when the TRACK PRONTA is already made available by the selling user, and all the above procedures required by BRAZILIAN GHOST have been carried out, and payment is made by the purchasing user, with subsequent shipment of TRACK PRONTA by BRAZILIAN GHOST to the buying user, and transferring the amount to the selling user, discounted the BRAZILIAN GHOST commission, BRAZILIAN GHOST's intermediation will be completed, and users must respect the obligations assumed by this contract, especially the duty of CONFIDENTIALITY and CONFIDENTIALITY.

BRAZILIAN GHOST warrants that it obtained from the creator of the WORK ("TRACK READY"), who thus declared, authorization to enter into the contract with the purchasing user and that all guarantees, concessions of rights and materials provided to the BUYING USER herein are declaredly originals and do not infringe the rights of third parties.

BRAZILIAN GHOST guarantees to the BUYER USER all copyright and related rights in a definitive and valid form throughout the entire territory of the world, including, but not limited to: a) exclusive master exploitation rights, both in physical and digital media and in any and all formats now known and created in the future, including but not limited to singles, vinyl, downloads, streaming, ringtones, video, DVD; b) royalties on synchronization, distribution, sampling, etc.; c) the right to license and sublicense TRACK PRONTA (instrumental work) in the best way that the BUYER USER sees fit.

FROM SALES OF “CUSTOM TRACKS” BY BRAZILIAN GHOST.

CUSTOM TRACKS will be created, produced, recorded, mixed and mastered exclusively by the team of PRODUCER partners rigorously selected by BRAZILIAN GHOST.

The purchasing user must register on the website ( http://www.brazilianghost.com/ ) and expressly express his acceptance of this contract.

The purchasing user must choose one of the CUSTOM TRACKS packages available on the website ( http://www.brazilianghost.com/ ), paying attention to the benefits and terms of each package.

Once the registration is approved by BRAZILIAN GHOST, and the purchasing user expresses their interest in purchasing a CUSTOM TRACK, the BRAZILIAN GHOST team will immediately contact the purchasing user, through the means of communication chosen by the purchasing user, providing an exclusive producer to develop the buying user's musical idea.

Once the first contact has been made, the buyer user will be able to send the producer their ideas, musical references, and any details that may contribute and help with the development of their CUSTOM TRACK.

Once the BRIEFING is defined, the purchasing user must advance the amount corresponding to 20% (TWENTY PERCENT) of the total value of the PERSONALIZED TRACK, through the payment channels available on the website ( http://www.brazilianghost.com/ ) to produce a DEMO that will be sent by BRAZILIAN GHOST to the purchasing user for approval.

If the DEMO is not approved by the purchasing user, he will be entitled to a full refund of the amount in advance, which will be done by BRAZILIAN GHOST within 05 (five) business days from the next business day following the date of the DEMO's disapproval by buyer user.

If the DEMO is approved, the purchasing user must pay the remaining amount in the amount of 80% (EIGHTY PERCENT), thus making the payment of 100% (one hundred percent) of the price defined for the CUSTOM TRACK, so that the BRAZILIAN GHOST start production and final recording of CUSTOM TRACK.

Once the DEMO is approved, the production and recording work will only start after the purchaser user pays the full amount defined for the CUSTOM TRACK.

Once the production and recording of the CUSTOM TRACK is finished, BRAZILIAN GHOST will send a pre-mix for the buyer user to hear and analyze, at which time refunds of amounts paid will not be accepted, due to all the work carried out by the producer and for all team of producers from BRAZILIAN GHOST.

Once the pre-mix is received, the purchasing user may request modifications according to the package purchased, and must be careful when choosing and purchasing the package that he/she wants and that best suits his/her purposes.

Once the final version of the CUSTOM TRACK is approved by the purchasing user, BRAZILIAN GHOST will carry out the final mixing and mastering, and then a digital recording will be sent to the purchasing user to the registered email, including all mixes, audio files and others parts of the CUSTOM TRACK, including all STEMS files (.wav), MIDI sequences of the project (Mastered and Unmastered versions) and Tracks rendered in 44.1kHZ - 24bit.

Once the purchase is completed with the delivery of the final version, the purchasing user guarantees all copyright and related rights in a definitive and valid form throughout the entire territory of the world, including, but not limited to: a) exploitation rights exclusives, both in physical and digital media and in any and all formats now known and created in the future, including, but not limited to, singles, vinyl, downloads, streaming, ringtones, video, DVD; b) royalties on synchronization, sampling, etc.; c) the right to license and sublicense the (instrumental work) in the best way that the purchasing user sees fit.

The purchasing user will be able to use the one he acquired in the way that he/she sees fit, becoming, as of the final delivery, the sole owner of the work.

BRAZILIAN GHOST undertakes not to make any public or private announcement, nor to publicly refer to the sale of the PERSONALIZED TRACK delivered to the purchasing user, whether in the media, social networks and communication media, of any nature, and must keep the more absolute CONFIDENTIALITY and CONFIDENTIALITY regarding the entire process of creation, production, recording, mixing and mastering, and, above all, to keep secrecy and confidentiality about the personal data, name or pseudonym of the purchasing user.

BRAZILIAN GHOST'S REMUNERATION FOR SALES OF READY TRACKS AND CUSTOM TRACKS.

The SELLER USER of READY TRACKS agrees and accepts that, on the price of each TRACK made available and effectively sold through the website to the BUYER USER, a commission will be due to BRAZILIAN GHOST, according to the percentage levied on each sale and which will be indicated in the "AGREEMENT OF SALE AND PURCHASE OF "TRACK PRONTA" AND ASSIGNMENT OF PROPERTY OF WORK", which must be signed by the SELLER USER upon availability of TRACK PRONTA on the BRAZILIAN GHOST website.

For the purpose of confirming receipt of the value for the TRACK PRONTA purchase, the deadlines for each form of payment must be observed, such as credit card, Paypal, bank slip, TED, DOC. Only when the value of TRACK PRONTA is credited to the BRAZILIAN GHOST bank account should the period be started for the purposes of transferring the amount that falls to the SELLER USER.

The remuneration payable by the BUYER USER to BRAZILIAN GHOST for the sale of CUSTOM TRACK produced, recorded, mixed, mastered and delivered by BRAZILIAN GHOST to the respective BUYER USER, according to the price of the package chosen by the BUYER USER, will be made according to the options available on the BRAZILIAN GHOST website.

If any type of FRAUD in the form of payment of TRACK PRONTA by the purchasing user is found and proven, the assignment of rights and ownership of the WORK to the purchasing user will be terminated, and BRAZILIAN GHOST will be automatically authorized to remarket the TRACK PRONTA, upon notification of the seller user who had made the TRACK READY available for sale, as well as the CUSTOM TRACK, at the discretion of BRAZILIAN GHOST.

THE RULES FOR BEING A PRODUCER

BRAZILIAN GHOST will make available on its website the option for producers from all over the world to apply to be part of the BRAZILIAN GHOST producer partner team.

To start the process of joining BRAZILIAN GHOST, the producer must send his data and 3 (three) songs of his own in a proper place on the website, committing to BRAZILIAN GHOST to send a response to the candidate within 72 (seventy and two) hours, without commitment of partnership, keeping the most absolute secrecy and confidentiality about all information imputed by the producer.

BRAZILIAN GHOST undertakes to keep the strictest secrecy and confidentiality on the process of analyzing partnerships with producers, including their personal data, pledging not to disclose the copyright works sent by the producers, and BRAZILIAN GHOST cannot do so any use of the works made available by the producers without their express authorization.

The refusal of BRAZILIAN GHOST to admit the partner producer will not imply in demerit or lack of technical capacity, just meaning that at that opportunity there was no interest or the objectives and styles were different.

Responsibilities

The names, logos, domain names, brands and other distinctive signs, as well as any and all content, design, art or layout published on the BRAZILIAN GHOST website are its exclusive property, and any form of total reproduction is expressly prohibited or partial, permanent, temporary or provisional, free of charge or onerous, under any modalities, forms or titles of the website.

The parties are fully independent contractors, each being fully responsible for their acts, obligations and content of the information provided, in any and all circumstances, since this instrument does not create employment or commercial representation between them, and none of them may declare that you have any authority to assume or create any obligation, express or implied, on behalf of the other, nor represent it under any pretext and in any situation, except as expressly provided for in this agreement.

PENALTIES

Improper use of the BRAZILIAN GHOST website and in violation of the rules established in this Agreement will result in exclusion from the User's registration.

BRAZILIAN GHOST will have full and complete autonomy to suspend or block Users who do not comply with the rules established in this Agreement, who cause any type of damage to the image or operation of the website, or misuse it, including the possibility of blocking the User so that you cannot re-register, at the sole discretion of BRAZILIAN GHOST.

The defaulting User can only be re-registered on the site if he indemnifies BRAZILIAN GHOST for the damages caused and BRAZILIAN GHOST expressly authorizes the new registration.

APPLICABLE LAW AND JURISDICTION

This contract and all relationships arising from it are governed by the laws in force in the Federative Republic of Brazil. The parties agree to elect the FORO of the Judicial District of Belo Horizonte/MG.