- COLLECTION AND USE
“Personal Data” means the data that allows someone to identify or contact the user. That may include, for example, your name, address, phone number, e-mail address, as well as any other non-public information about you that is associated or linked to the previous data, including music content that you create by using our Site and our Services (“content”). “Assembled Data”, personal data that has been combined by or for BatalhaFUNK in anonymous users groups, which are big enough to reasonably avoid single users to be identified, and “anonymous data” are personal data that have been made anonymous by or for BatalhaFUNK in order to not allow a third-party to easily identify an specific subject.
- INFORMATION YOU PROVIDE DIRECTLY TO US
2.1 Basic account information
In order to sign up for an account on the BatalhaFUNK Site, you are obliged to provide BatalhaFUNK with certain personal data, such as your e-mail address, username and password. Your username is publicly listed on the Services, including search results. We may use your e-mail address to send you information about the Services, provide customer support or to notify you about additional BatalhaFUNK products and services. You may use the account settings to cancel your subscription to BatalhaFUNK notifications.
2.2 Additional profile information
You may also opt to provide BatalhaFUNK with additional personal data for your profile, which will be turned public (your “Public Profile”), such as a picture, your location and an additional summary about yourself. The information provided to you public profile will be visible to others, including Site’s anonymous visitors.
2.3 Third-party social media information
If you access the Site through third-party social media, such as Facebook Connect, we will gather any information you have agreed to make available to BatalhaFUNK through such account, which may include: (1) your first and last names, (2) your user ID / URL, (3) your profile picture, (4) your friend list, (5) your e-mail address and/or (6) your birth date. Such information will be used mainly for user registry and to improve your Site social experience, which may include friend-to-friend interaction, web chat or messages and functionalities, direct competitions and other features alike. If you sign up to BatalhaFUNK through a third-party social media and agree to make your friend list available for BatalhaFUNK, your third-party social media friends will automatically follow you on the Site and your BatalhaFUNK account will be automatically set up to follow your friends. You may, however, unfollow any user on BatalhaFUNK at any time.
2.4 Contents, following and other public information
BatalhaFUNK Services are projected to help you create and share content. Most of the information you provide to BatalhaFUNK is the information you are requesting BatalhaFUNK to make public. That includes the content you create and the data associated with it, such as when you have created it, the people you follow, the songs people tag as favorite or share, and your comments to the content provided by other users. We will associate this information with your personal data and we may use this and other information resulting from the use of the Site and/or Services to personalize the content we will show you, including advertisement. When sharing information or content through the Site or the Services, you must thoroughly consider what you are making public.
2.5 Public forums
Forums, message boards, blogs and/or news groups may be available to you through the Site and/or Services. Please remember that any information you post in such sections becomes public. If you publish personal information online that are accessible to the public, you may receive unsolicited responses. You must be careful when choosing to reveal any personal information in a public forum.
2.6 Researches and contests
Sometimes we organize or sponsor researches and contests. Participation on researches and contests is entirely voluntary. If you opt for participating, we may ask your contact data, location and other information. We use such personal data to understand our users and their how they use the Site and Services, and improve them. Also, we can provide users with the results of researches and contests.
- INFORMATION GATHERED THROUGH YOUR USE OF OUR SERVICES
3.1 Registry data and location information
When you use the Services, we may collect automatically some registry data, including your IP, kind of browser, kind of hardware, device ID, the version of your operational system, your activity on the services scope and your location (based on opt-in location services, which depend on the GPS coordinates of a device). We use such information to manage, solve problems and improve Services, as well as to help us understand how you and other users use the Site and the Services. Also, we may collect similar information from e-mails sent to BatalhaFUNK users, which help us track which e-mails are opened and which links are clicked on by recipients.
3.2 Cookies and similar technologies
3.3 Third-party platforms and marketplaces
Third-party libraries included on BatalhaFUNK orders gather information on the device and user activity inside de app. Third-party platforms and marketplaces through which BatalhaFUNK apps are provided may collect information about you, or receive information from BatalhaFUNK, in order to provide or analyze their services. Such third-party platforms and marketplaces are not developed or managed by us and we are not responsible by the actions of third-parties. You must analyze thoroughly the terms of policies, service and privacy of any platform or marketplace you use to access BatalhaFUNK applications.
3.4 Google Analytics
We use Google Analytics demography and interest report resource to collect information on Site usage. Google Analytics collects information such as how frequently users visit the Site, the pages they visit when doing so, and which other places they used before coming to the Site. We will not facilitate the merger of your personal data with impersonal information collected through Google Analytics, unless we warn you about the merger. You may opt out of Google Analytics follow up on your browser by disabling the Google Analytics add-on.
- SHARING INFORMATION
4.1 Other users
Any information on your public profile (for example, your username and any profile Picture, location or additional information that you provide as part of your public profile) will be accessible by other users of the Site and Services. Content you create, or upload to the Site or the Services, as standard, are public and available for Site and Services users. To get information on how to change your privacy settings related to content or to delete content from the Site or the Services, check FAQ on https://batalhafunk.com/en/perguntas-frequentes/ or request via email firstname.lastname@example.org. Similarly, if you comment any content on the Site or on the Services, the comments will be public and available for the users of the Site and Services.
With your consent, we can publish your personal data when we have your express permission.
4.2 Advertisers and other business partners
We may share anonymous or aggregated data about our users or the use of the Site and
Services with our advertisers and partners. This means that we may tell our advertisers general information on the features of our user base, but not specifically identify a single user or special visitor by name or provide user contact information. We can share your device ID and/or your location (based on services based on opt-in location, that depend on the GPS coordinates of a device) with third-parties, including advertisers and partners, or provide such entities with reports on the number of single users who have viewed or clicked on their ads. We may also share certain information, such as cookie data, with publicity partners. That information, among other things, allows third-party advertisement networks to provide targeted advertising, which is believed to be more interesting to you.
4.3 Service providers
We may disclose your information on a confidential basis to unaffiliated service providers contracted by us to perform services for BatalhaFUNK related to the Site and our Services availability. The information will be shared with those service providers only to the reasonable extent necessary for them to perform such services.
4.4 If demanded by law
Regardless any choices you make on your personal data, we may preserve and disclose your information if we believe in good faith that we are obliged to do so in relation to any legal investigation or by law or regulation, including in response to a court order, intimation or other legal demand or request.
4.5 Protection and safety
4.6 Change of control
4.7 Anonymous and aggregated data
We may create anonymous and/or aggregated data registry of personal data by deleting information (such as your name) that make data personally identifiable by you. We use such anonymous and aggregated data to analyze usage requests and standards so we can improve the content of our Services and better the navigation on the Site. We reserve the right, to our exclusive criteria, to use anonymous and/or aggregated data for third-parties for any purposes.
Our sites have certain ruling safety measures in the effort to protect from loss, bad use and alteration of personal data under our control. No transmission method through the Internet or electronic storage method is 100% safe. Therefore, while we use reasonable efforts to protect your personal data, we cannot guarantee absolute safety.
From you, you must keep secrecy of your account password at any times.
- OTHER SITES AND APPLICATIONS
The Services contain links for third-party sites and applications. When you click on a link to any other site or location, you will leave the Site and go to another website and other entity may collect personal data, anonymous data, and/or aggregated data from you. We do not have any control over, do not review and cannot be responsible for those external sites and their contents. We are not responsible for the privacy practices or for the content of such sites and applications. You may opt for reviewing the privacy policies of those sites or applications before using them. The links for such sites or places are for your convenience and do not mean our support to such third-parties or to their products, contents or sites.
- CORRECTION AND UPDATE OF INFORMATION; EXCLUSION OF ACCOUNT
We offer the possibility to correct or update the personal data provided during registry online, through your account settings on our Site or by contacting support through our online support form. You may request the exclusion of your account by contacting support through our online support form.
- CHILDREN PRIVACY
The Site is not directed to people under 12 years old. If you become aware that your child has provided us with personal data without your consent, please contact us through our online support form. We do not collect personal data from children under 12 years old. If we become aware that a child under 12 years old has provided us with personal data, we will take measures to remove such information and close the child’s account.
- CONTACTING US ABOUT YOUR INFORMATION
If you are a European Union resident using the Services, you have the following rights on the General Data Protection Regulation:
- a) Right to be informed: This right means that when we ask you to provide us with your information, we will provide you with details such as what we are using, how and with whom the information will be shared and how you can contact us if you have any doubts;
- b) Right of access: This right allows you to request us details about the information that we keep about you, for example, which information is being processed and by what reasons, which information is being transferred and to whom, what are your rights, etc;
- c) Right to rectification: This right allows you to request us to correct anything that you believe to be wrong with the information we have about you;
- d) Right to erasure (also known as “right to be forgotten”): This right means that you can request us to exclude your information from our system;
- e) Right to restriction of processing: This right allows you to request us to only process your information for the purposes specified by you;
- f) Right to data portability: This is the right for you to request us to send your information electronically. You can also request us to convey such information to third-parties;
- g) Right to object: This is your right to request us to stop processing your information;
- h) Right to not being subjected to automated individual decision-making, including profiling: Sometimes we use computers to study and analyze information. We may do this in order to understand how you and other visitors are using the Services. This allows us to improve our Services to better customer experience, for example, by providing you with personalized content and marketing. On situations that may significantly affect you, you have the right to request us no to do this;
- i) Right to complain, right to judicial prosecution: If you feel that your rights have been violated, this right allows you to lodge a complaint with a supervisory authority or to prosecute us judicially.
EU residents can exercise their rights described above by writing to our Data Protection Officer on email@example.com. A parent or the legal guardian of users residing in the European Union with age under 13 years, or the age of an applicable consent, may request it in the name of their child.
TERMS OF SERVICE (last revision: January, 2019)
These Terms of Service are between BatalhaFUNK and the users of our products, services and sites (“You”).
- YOUR ACCEPTANCE
Although BatalhaFUNK may try to notify you when major changes are made to the Terms of Service, you must periodically revise the newest version at https://batalhafunk.com/en/termos-e-condicoes/. BatalhaFUNK may, at its sole discretion, modify or review the Terms of Service at any time, and you agree to be bound by such modifications or revisions.
- COMMUNITY GUIDELINES
You may be permanently banned from the Service if you do any of the following:
- Offensive attacks or humiliation of individuals or groups,
- Getting involved in inadequate behavior, stalking, harassment or intimidation,
- Getting involved in offensive speech,
You may also be banned if you take any other action that BatalhaFUNK may consider harmful to the Service or to the use of the Service by others, or that violates the applicable law.
- BATALHAFUNK ACCOUNTS
For accessing some resources of the Service, you have to create a BatalhaFUNK account. You are not allowed to use another user’s account without their permission. By creating your account, you must provide precise and complete information. You are responsible for the activity that occurs in your account, and you must keep your account password safe. You must notify BatalhaFUNK immediately if you suspect or know of any unauthorized use of your account or any other breach of security with respect to your account.
BatalhaFUNK is not responsible for any losses you may have due to unauthorized use of your account.
- YOUR USE OF THE SERVICE
BatalhaFUNK grants you permission to access and use the Service, as established on the Terms of Service, as long as:
- You agree to not alter or modify any parts of the Service,
- You agree to not use the Service for any of the following commercial uses, unless you obtain prior written consent from BatalhaFUNK:
- The sale of access to the Service; or
- The sale of advertising, sponsorships or promotions placed on or within the Service, including any content shared on the Service.
While using the Service, you will comply with all applicable laws.
BatalhaFUNK reserves the right to discontinue any feature of the Service at any time.
- USE OF THE CONTENT
In addition to the general restrictions stated above, the following restrictions apply specifically to the use of musical content (“Content”):
Content in the Service and trademarks, service marks and logos in the Service, are owned by or licensed for BatalhaFUNK, and protected by copyright and other intellectual property rights, in accordance with the law.
You can access content for personal use exclusively in the functionality provided by the Service, as permitted in the Terms of Service. You must not copy, distribute, sell, license, or exploit any Content for any other purposes without prior written consent from BatalhaFUNK or the respective content licensors. BatalhaFUNK and its licensors reserve all rights on the Services and Content not expressly granted to you by this Term of Service.
You agree to not fraud, disable, or in any other way, interfere on features related to service safety or features that prevent or restrict the use or the copy of any Content or that inflict limitations on the use of the Service or its Content.
You understand and acknowledge that you may be exposed to Content that might be imprecise, offensive, obscene or objectionable, and you agree to abdicate, and decide to abdicate, any legal o equity rights that you have or may have against BatalhaFUNK in this respect and, to the extent permitted by the applicable law, agree to indemnify and hold harmless BatalhaFUNK, its owners, operators, affiliates, licensors and licensees in all matters related to your usage of the Service.
- YOUR CONTENT; LICENCE FOR BATALHAFUNK
As a BatalhaFUNK account holder, you can upload content to the Service. You understand that BatalhaFUNK does not guarantee confidentiality regarding any content uploaded by you.
You are solely responsible for your own content and the consequences of uploading your content to the Service. You claim, state and assure that you possess or own the required licenses, rights, consents and permits for publishing the content you upload; and you license to BatalhaFUNK all the patents, trademarks, trade secrets, copyrights or other property rights regarding such Content for publishing on the Service, in accordance with the Terms of Service.
All the property rights on your content remain yours. However, by uploading content in BatalhaFUNK you decide to grant BatalhaFUNK a world license, not exclusive, sublicensable and transferable, to use, reproduce, play, monetize, distribute, modify, prepare derivative products, display and run the Content connecting with the Service and BatalhaFUNK (and its successors and affiliates), also including, without limitation of promotion and partial or total redistribution of the service (and derivative works) in any media format and through any media vehicle. You also grant each Service user a world license, not exclusive, sublicensable and transferable, to access your content through the Service, and to use, reproduce, play, distribute, modify, prepare derivative products, display and run, free from royalty interest for such content, as allowed by the Service functionalities and under the Terms of Service.
Many BatalhaFUNK products are interactive and, as such, can be modified by other Service users without your prior approval. Such modifications can improve or harm your content and yourself. You acknowledge and agree that other Service users can, therefore, modify your content at any time after you upload it, and you assume the risks related.
You are free to remove your content at any time. You understand and agree, however, that BatalhaFUNK is allowed to keep in the server, but not display, distribute, play or run, any copies of your content that have been removed or deleted by you. Besides, you understand and agree that any Content uploaded by you, as well as Content posteriorly modified by any other Service user, and that has been downloaded by any other user or person, will remain under the control of that user or person.
You also agree that the content you upload to the Service cannot contain material with copyrights owned by third-parties, or material that is subject to third-party copyright or property rights, unless you have permission from the legitimate owner of the material, or you are otherwise legally authorized to publish the material and give in to BatalhaFUNK all the license rights hereby granted.
BatalhaFUNK expressly waives all and any responsibility regarding the content. BatalhaFUNK does not allow violation of copyright and violation of intellectual property rights over the Service, and BatalhaFUNK will remove any content when properly notified that such Content attempts against intellectual property rights. BatalhaFUNK reserves the right to remove content without prior notice.
- THIRD-PARTY SERVICES
We allow access or advertisement from third-party commercial sites (“Merchants”) from which you can purchase certain products or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, invoicing and customer service. We are not part of the transactions between you and the Merchants. You agree that the use of such Merchants is at your own risk and without warranty of any kind from us, whether express, implied or in any other way, including warranties of title, fitness for a particular purpose, merchantability or non-violation. Under no circumstances will BatalhaFUNK be responsible for any damage resulting from the transactions between you and Merchants, or any information shown on commercial sites or any other site linked to our site.
- THIRD-PARTY MERCHANT POLICY
All Merchant rules, policies (including privacy policies) and operational procedures will be applied to you while using those sites. BatalhaFUNK does not take responsibility for the information you provide to the merchants. The Merchants and us are independent contractors, and none if the parts is entitled to authorizations or commitments in behalf of the other.
For using the payment methods in the Service, you must be at least 18 years old; be emancipated, or have the consent and/or be supervised by a parent or legal responsible before concluding the contract in the Service, according tomthe current law.
You declare and assure that if you are buying something from BatalhaFUNK (i) any credit information you provide is complete and true, (ii) the charges incurred by you will be honored by your credit card company and (iii) you will pay charges incurred by you on the prices advertised, including all applicable taxes.
You also state that you are the holder of the informed Credit Card and/or GooglePay/ApplePay account, or that you have an authorization to use them, exempting BatalhaFUNK from any liability for the collection of amounts in the accounts required by the Service.
Any individual item you may buy through or Service will the charged as indicated on our site in the moment of your purchase, except in the case of obvious mistake. BatalhaFUNK does not take responsibility for additional charges that may be issued by your Card or correspondent banking.
10 VIRTUAL CURRENCY POLICY
10.1.1 Our Services may include the acquisition of virtual currency, with the fiction nickname “Dilma”. Virtual currency earned and/or purchased is credited in you client account and BatalhaFUNK grants you a license for using such virtual currency.
“Dilma” currency allows exclusive access to the user for enjoying differentiated experiences in BatalhaFUNK. More information can be found at https://batalhafunk.com/en/perguntas-frequentes/.
10.1.2 You agree that the acquired currency does not have any monetary value and can never be traded for actual money, actual goods or actual services from BatalhaFUNK or from any other person. Your client account and eventual balance not used in this account cannot be transferred for third-parties or sold. Therefore, you cannot negotiate, give away, sell or try to sell virtual currency or other product items for actual money, or trade such items or currency for value of any kind outside the Service. Any gifts, sales, transfers or disposals are forbidden and ineffective and will subject your account in virtual currency to termination.
10.1.3 You agree that all “Dilma Currency” purchases are permanent and that BatalhaFUNK will not repay any transactions after they have been done. If you live in the European Union, you have certain rights regarding redemption from distance purchases, however, please note that when you purchase a license for using BatalhaFUNK’s “Dilma Currency”, you acknowledge and agree that we will begin to readily supply you with Virtual Products as soon as your purchase is completed and, therefore, your right to redemption is lost at this moment. A “purchase” is completed in the moment our servers validate your purchase and the applicable currency is successfully credited in your account in our servers.
You can only redeem virtual currency for purchasing goods in the Service. When you redeem any virtual currency, the amount available in your virtual currency account is reduced by the amount redeemed.
10.1.4 BatalhaFUNK reserves the right to alter, substitute or eliminate the assignment of “Dilma” currency to users, as well as alter the symbolic values involved at the discretion of version update, aiming at improving user experience inside the app.
Therefore, you have no ownership or other property interest in the virtual currency, and all the rights on the virtual currency must always be property of and granted in the benefit of BatalhaFUNK.
If we discontinue or revoke your account according to these terms, you are subject to forfeit any Virtual Goods you may have in your account and we will not compensate you for such loss or refund you any amounts.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS
If you are the owner of intellectual property, or their agent, and believe that a Content in the Service violates any rights you have or represent, then you can send a Notification of Claimed Infringement and we will respond accordingly. Please see https://batalhafunk.com and contact firstname.lastname@example.org for more information on how to send a Notification of Claimed Infringement. The Terms and Conditions established at BatalhaFUNK, including our Repeated Infringer Policy, are incorporated and part of these Terms of Service.
- ACCOUNT TERMINATION POLICY
BatalhaFUNK will suspend your user access to the Service if, in adequate circumstances, you breach the Terms of Service.
BatalhaFUNK reserves the right to decide if the Content breaches the Terms of Service for other reasons besides copyright breaches, such as, but not limited to, pornography and obscene or explicit content. BatalhaFUNK may remove such content and/or terminate your account for presenting such material in breach of the Terms of Service at any time and without prior notice at its sole discretion.
- WARRANTY DISCLAIMER
You agree that the use of the Services is at your own risk. To the fullest extent permitted by law, BatalhaFUNK, its executives, directors, employees and agents reject all warranties, expressed or implied, in regards to the Service and your use of it. BatalhaFUNK does not take responsibility for any (i) content mistakes, misconceptions or imprecision, (ii) lesion or damage to personal property, of any kind, resulting from the access and use of the service, (iii) any unauthorized access or use of BatalhaFUNK servers and/or any personal information and/or financial information stored in them, (iv) any interruptions or cessations in the transmission or the service (v) any errors, viruses, Trojan horses or similar contamination that can be transmitted to or through the Service by third-parties and/or (vi) any errors or omissions in any content or any losses or damages of any kind caused as a result of the use of any content provided by the service. BatalhaFUNK does not endorse or take responsibility for any product or service advertised or offered by third-parties through the Service, or displayed on any banner or other kind of advertisement, and BatalhaFUNK will not be part or in any way responsible for monitoring any transactions between you and third-party service providers.
- LIMITATION OF LIABILITY
Even though BatalhaFUNK makes the Best efforts to provide precise, updated, correct and complete information, the Service may face technical issues, inconsistencies or typos.
Under no circumstances BatalhaFUNK, its administrators, directors, employees and agents are responsible for any damages, either they are direct, indirect, special, punitive or consequent resulting from any (i) i) content mistakes, misconceptions or imprecision, (ii) personal or material damage, of any kind, resulting from the access and use of the service, (iii) any access or use of BatalhaFUNK servers and/or any personal information and/or financial information stored in them, (iv) any interruptions or cessations in the transmission or the service (v) any errors, viruses, Trojan horses or similar contamination that can be transmitted to or through the Service by third-parties and/or (vi) any errors or omissions in any content or any losses or damages of any kind caused as a result of the use of any content provided by the Service, be it based in warranty, contract, or any other legal theory, and if you are or not informed on the possibility of such damage. The limitation of liability will be applied to the fullest extent permitted by law on the applicable jurisdiction.
You specifically acknowledge that BatalhaFUNK is not responsible for third-party defamatory, offensive or illegal content, and that the risk of damage or harm resulting from such lies entirely above yourself.
The Service is controlled and offered by BatalhaFUNK from its facilities in Brazil. The ones who access or use the Service from other jurisdictions do so at their own will, and are responsible for the enforcement of local laws.
- CAPABILITY TO ACCEPT THE TERMS OF SERVICE
You allege to be 18 years old or older, to be an emancipated minor, or possess consentient form your parents or legal responsible, and are totally capable and competent to enter and fulfill the terms, conditions, obligations, claims, representations and warranties established in the Terms of Service.
You agree that: (i) the Service is considered to be exclusively based in Brazil; and (ii) the Service does not imply on personal jurisdiction over BatalhaFUNK, specific or general, in other jurisdictions. Any claims or disputes between you and BatalhaFUNK, whether in part or in the whole Service, will be decided exclusively by a competent jurisdiction court located in São Paulo, Brazil. If any dispositions of the Terms of Service are considered invalid by a a competent jurisdiction court, the invalidation of such disposition will not affect the validity of the remaining dispositions in the Terms of Service, that will remain at full force and effect. No resignation of any disposition of the Terms of Service will be considered as an additional or continuous resignation of such disposition, and any failure for BatalhaFUNK asserting any rights or clauses according to the Terms of Service will not constitute the resignation of such right or disposition. BatalhaFUNK reserves the right to alter the Terms of Service at any time without prior notice. It is your responsibility to review the Terms of Service for any alterations. The use of the Service after any alterations on the Terms of Service implies the consent and acceptance of the revised terms. You and BatalhaFUNK agree that any cause of action resulting from or related to the Services must be commenced within one year after the cause of action arises. Otherwise, such cause of action will permanently forbid.