The Terms of Use are a contract signed between users and the INSTITUTO DE CONTEÚDOS AUDIOVISUAIS BRASILEIROS - ICAB, a non-profit civil association registered with the CNPJ/MF under No. 20.804.598/0001-89, headquartered at Praia do Flamengo, No. 66, Bloco B, sala 417, CEP 22210-030, Municipality of Rio de Janeiro, State of Rio de Janeiro, and CRONOS AUDIOVISUAL S.A., a corporation registered with the CNPJ under No. 44.065.158/0001-15, with its registered office at Praça Senador José Roberto Leite Penteado, 247, Lapa, São Paulo/SP, CEP 05.078-020 (jointly "we" or "IMAGin").
It is therefore very important that users read these Terms of Use carefully and only use the features of our platform if they agree with them. Reading them is also important to ensure that you make good use of the features and have greater security.
In addition, the user must also agree to and accept the conditions of our Privacy Policy on our website and at this link.
1. HOW OUR SERVICES WORK
O IMAGin is a project that aims to contribute to the development of the country's audiovisual sector by maintaining a platform that allows production companies to offer and license audiovisual works ("content"). This material is available on our platform as a catalog for users to choose from.
In order to provide greater security for licensing producers and licensees, the platform has adopted some rules which will be explained in these Terms of Use.
Licenses will always be made on a non-exclusive basis. This means that more than one user can license the same content for different purposes and uses. In the future, we may implement functionality for exclusive licensing.
Licensing of the content available on the platform takes place once payment has been confirmed by the interested user and is formalized through the Licensing Agreement automatically generated by IMAGin based on the information of the users involved in the operation. Users can check out the model of this contract at this link.
In addition to the Terms of Use, our platform may have user guides, FAQ pages, among other measures to clarify the main questions about navigability, functionality, rights and obligations regarding its use. We recommend reading our Basic Guide to Copyright to understand the main concepts of operating on the platform at this link.
2. FUNCTIONALITIES AND INTERACTIONS ON THE PLATFORM FOR LICENSORS
In order to be able to offer their content and use the features, the user interested in licensing content (the "producer") must create a user account on the platform, as provided for in Clause 5 of these Terms of Use. After this stage, the producer will be able to include audiovisual content they own in the platform 's database.
Content to be uploaded must comply with the rules and requirements set out in Clause 3 below. Failure to comply with these rules may result in us taking down the content, suspending or canceling the producer's account, among other measures of this nature.
During the insertion of the content, the producer must provide some information to optimize its availability on the platform, such as: (1) title of the video; (2) general description; (3) themes of the videos (collection); (4) tags, i.e. keywords that will be used to identify the video in searches; (5) indicative classification, in accordance with Brazilian law. The producer will be responsible for the veracity and accuracy of this information. The information may change over time as the platform improves.
Once the content has been correctly entered into the platform, it will be automatically posted and available for licensing by users in accordance with the Terms of Use.
The price for each license is calculated automatically by the platform according to the type of license purchased by the user who wants the content. The types of licenses and details of the prices are available at this link. Therefore, the production company will not be able to customize the charges for its content.
When a user wants to license content from the production company, the platform will take them to the payment page. We will process the payments in conjunction with a technology service provider.
We will pass on to the production company 50% (fifty percent) of the gross revenue obtained from each license, deducting only 5% of the sale price, for payment of taxes, fees and customary levies.
Users are aware that the platform and IMAGin may grant discount coupons, promotions, subscription systems and other commercial features that may affect the final price paid by the licensed user, which will also affect the calculation of gross revenue.
Payments will be made on a monthly basis, accompanied by a sales report sent to the e-mail address provided in the production company's account.
As indicated above, once the licensed user has confirmed payment, the platform will automatically generate a Licensing Agreement, the template for which is available at this link. The production company must be sure that the content offered complies with the terms of this License Agreement.
If the production company wishes to cancel its registration, it can do so through the platform itself. We will have a period of 48 (forty-eight) hours to unsubscribe and remove the content from the air. The production company should be aware that the licenses already in place will continue in full force with the licensed users. Any outstanding payments will be made in accordance with these Terms of Use.
By submitting content to the platform, the producer automatically licenses IMAGin, free of charge, to use this content in the context of the platform, without territorial limit and for the duration of its registration on the platform. This license authorizes IMAGin to, in particular: (i) insert the content into its databases and servers, including when provided by third parties; (ii) publish and reproduce the content on the platform for consultation by users; (iii) offer the content for licensing by users; (iv) publish the content, excerpts or "prints" thereof on social networks for the purposes of institutional dissemination and/or advertising of the platform; (v) take other steps and measures to enable the functionalities promised on the platform and in these Terms of Use.
3. RULES ON THE CONTENT TO BE MADE AVAILABLE BY THE PRODUCTION COMPANY
Ownership or management power over the content must be original and exclusive to the producer, i.e. they must be the sole "owner" and/or "have the power" to offer the content for licensing. If you have any doubts about these terms, please visit our Basic Guide to Copyright at the following link.
Thus, the producer declares and guarantees to IMAGin that, by inserting any content on the platform, it is the legitimate owner of all intellectual property rights relating to this material, exempting IMAGin from any liability in this regard.
In order to comply with this requirement, we recommend that the production company does not make available content that has been produced from the commission of third party investors or service takers who have in some way acquired the rights to the deliveries and materials resulting from these services.
If the content reproduces images, names or biographical data of people, third-party brands, works protected by copyright, among other assets protected by intellectual property rules and personality rights, the production company must ensure that it has obtained all the appropriate licenses to be able to exploit this record, including on the platform.
The content provided by the production company should be:
a) Original: This means that it cannot be a mere reproduction or plagiarism of other existing content belonging to third parties;
b) Raw material: an unedited audiovisual record captured by the production company;
c) Short: lasting between 8 seconds and 60 seconds;
d) In a suitable format: MP4.
Under no circumstances may the content feature scenes of eroticism or pornography of any kind, scenes of discrimination or prejudice against any groups, hate speech, or any images that could in any way breach current legislation. For clarification purposes, content that promotes: violation of personality rights (image, name, voice, etc.), cursing, name-calling, etc. are expressly prohibited.), contain swearing, insults, defamation or slander; bullying or any form considered offensive to the honor and dignity of any person, or that exposes any person to humiliation, a degrading or vexatious situation; promoting content of an intolerant nature, such as racist, xenophobic, homophobic, discriminatory, Nazi, fascist content, or that disrespects any person's physical condition, origin, religion, belief, or that promotes political or religious intolerance, gender and sexual orientation; spreading fake news, incitement to violence, or any other content considered illicit or illegal by the applicable legislation.
The content posted by users may be moderated by IMAGin, at our sole discretion, and depending on our technical and administrative availability, to prevent any dissemination of inappropriate content or content that does not comply with the Terms of Use. Thus, IMAGin may control, suspend and delete user content, based on any complaints or identification by ICAB itself, either by its staff or technological tools that enable this type of filtering. This does not remove the producer's exclusive and full responsibility for the content posted. IMAGin may also suspend or delete content posted by production companies in the event of a specific court order. Monitoring irregular content is IMAGin's right, not its obligation, and remains the sole responsibility of the user who promoted it.
If the production company has any doubts about its ownership and compliance with this clause, it may send contracts, terms and other documents in "pdf" format to IMAGin at the time its content is made available. In this case, the posting of the content will be suspended until IMAGin's legal counsel has analyzed it. If the legal department finds that compliance with the requirements of these Terms of Use is reasonably demonstrated, the content will finally be made available - which does not remove IMAGin's responsibilities under these Terms of Use or its right of moderation. The time it takes for the legal department to analyze the content may vary depending on the volume of user submissions.
Should we suffer any judicial or extrajudicial measure questioning the originality or ownership of the content, IMAGin may denounce these Terms of Use, so that it will be up to the producer to take its place in the discussion and/or process. In addition, if we suffer any condemnation or expenses of any nature with indemnities, costs, fees, interest, penalties, among others, due to the producer's failure to comply with the provisions of this clause, the producer must indemnify and reimburse IMAGin for the respective expenses and disbursements.
IMAGin may adopt one or more methods of securitizing the risk represented by content made available by producers, including the retention of security for the possible occurrence of chargebacks or other forms of questioning of payment by users.
4. FUNCTIONALITIES AND INTERACTIONS ON THE PLATFORM FOR LICENSEES
If a user is interested in licensing any content on the platform ("licensed user"), they may do so by creating a user account on the platform, as provided for in Clause 5 of these Terms of Use.
After this stage, the licensed user will be able to carry out the licensing operation by choosing the desired content and making the respective payments.
When selecting the content of interest, the licensed user will be directed to choose one of the four types of licenses available on the platform:
a) Domestic use: use of content without commercial purpose, only on digital media, for the maximum period of protection authorized by law;
b) Non-advertising commercial use: use of the content for commercial purposes, provided it is not for advertising purposes, for any and all media, for the maximum period of protection authorized by law (ideal for works of fiction, advertising and TV programs);
c) Commercial advertising use: use of content for commercial purposes in audiovisual works that advertise, exhibit or offer goods or services, in Brazil and/or abroad, regardless of the form of exploitation of such goods or services;
d) Institutional use: exclusive for licensing users who, cumulatively: (i) are constituted as non-profit entities, according to their bylaws; (ii) use the licensed content for institutional purposes, including campaigns or dissemination of their core activities.
The price for each license is calculated automatically by the platform according to the type of license. The licensed user can check the license types at this link.
Payment for licensing will be handled by an IMAGin partner that offers services of this nature. The relevant tax documents will be issued once payment has been confirmed.
Once payment has been confirmed and the License Agreement has been signed by the parties, the user will be able to download the licensed video file in the chosen format immediately.
5. ACCESS AND SECURITY
Before using the platform's features, it is essential that users, including the production company and the licensed user, check that the devices used to access them are technically capable. The user must have access to an internet browser and an electronic device capable of running this program.
We will not be held responsible for any technical difficulties that the user faces in accessing the platform, such as configuration errors, lack of requirements or problems related to hardware, any services that are the responsibility of third parties, such as telephone operators, insufficient data networks, Internet connection problems, among others necessary to navigate our platform.
To use the functionalities, the user will need to register as follows:
a) Producer: Company name; CNPJ; login name; contact e-mail; full name and CPF of the legal representative; full name and CPF of the person responsible for registration, as well as their role in the company;
b) Licensed User: (a) If an individual: name, CPF, contact e-mail, and login name; (b) If a legal entity: company name, CNPJ, login name, contact e-mail, full name and CPF of the legal representative, as well as their role in the company.
The user is responsible for the veracity and accuracy of the information provided and undertakes to keep it up to date.
The e-mail address must be that of the owner of the registration account, as through it we will establish the necessary contacts provided for in these Terms of Use, including any warnings or notifications arising from possible violations of these Terms of Use.
In the case of registrations for legal entities, the person responsible for filling them in must have administrative powers to do so.
We may take steps to verify the accuracy of the information provided.
The password created during registration must be strong and it is recommended that it only be used to access the platform's functionalities.
The login and password and other registration data are non-transferable and must not be shared by the user with any third party, and must be stored and protected with the greatest possible care. The user acknowledges that it is their sole responsibility to remember the access data (login and password) to their account, and IMAGin cannot be held responsible for this.
IMAGin will also not be held responsible for any breach of your profile due to your failure to follow these basic security procedures with your login and password.
In the event of any unauthorized use of your access data, you must contact us immediately.
If the user forgets or wants to change their password to access the Platform, they can do so through the website itself, as indicated in the login area and in the guidance emails received in this regard.
If the licensed user wishes to use the Institutional License, he/she declares and guarantees that he/she is a non-profit organization duly constituted, under the terms of the legislation in force.
The cancellation of the licensing user's account will imply the removal of all content inserted into the platform by the user, but the Licensing Terms already signed will remain in force.
6. PAYMENT AND PRICING POLICY SPECIFICATIONS
IMAGin may change the licensing plans and their respective prices at any time. Therefore, IMAGin is not obliged to maintain any prices quoted or paid by users prior to updating payment and pricing policies.
Any price changes will be previously informed via notification to users' registered e-mails 30 (thirty) days prior to their implementation.
Any offers will be made for a fixed period, as indicated in the respective promotional material.
The licensed user may withdraw from the license up to 7 (seven) days after contracting, by sending an e-mail to [email protected]. If the license is canceled within this period, IMAGin will, within seven (7) working days, ask the payment operator to reimburse the amount paid according to the payment method initially adopted, and the operator will be solely responsible for ensuring that this is done within this period. IMAGin will not accept cancellations or withdrawals after this deadline, and there will be no right to a refund of any amount already paid.
7. RULES OF CONDUCT
The user acknowledges that the following conduct is PROHIBITED and undertakes to:
a) Not disrespect the Intellectual Property rules of these Terms of Use and current legislation on the subject;
b) Not hack, interfere with, affect, destroy, interrupt, limit, or attempt to hack, interfere with, affect, destroy, interrupt, limit any functionality of the Platform;
c) Not to upload, disseminate or propagate viruses, malware or spam, hack or engage in other similar conduct, or in any way interfere with the access of other users or to promote the unauthorized or automated collection of data and information;
d) Not disabling or circumventing security or electronic authentication devices installed by IMAGin, or by authorized third parties, to guarantee the security of the Platform and other Users, among other forms of interference or conduct that may cause damage to IMAGin or users;
e) Do not make more than one registration or login in your name, share your login and password with a third party, or use a third party's login and password;
f) Not to collect or, in any way, process personal data in disagreement with the rules set out in the LGPD (Law No. 13,709/2018) and the Brazilian Civil Rights Framework for the Internet (Law No. 12,965/14);
g) Do not disguise or hide the IP (Internet Protocol) number that identifies your Internet connection;
h) Not to use any licensed content in disagreement with the License Agreement generated by the Platform;
i) Do not create an account on behalf of another user or a legal entity that you do not represent, or use or attempt to use another user's account;
j) Fail to comply with any conditions set out in these Terms of Use or violate provisions set out in applicable legislation.
In addition to the Prohibited Conduct, the user undertakes to provide only truthful information when registering and using the Platform, taking responsibility for any false or inaccurate information; and to use any files made available for download for personal use only.
IMAGin does not send links or billing requests by e-mail and everything will be done by the platform. Therefore, always be as careful as possible when you receive communications asking you to send credit card details or other information about your account or sending you links. These communications may be carried out by fraudsters and responding to such communications or accessing links may result in your personal data being stolen. We are not responsible for possible third-party fraud.
In the event of non-compliance with the Terms of Use, IMAGin may suspend or delete the account of the user responsible, suspend or remove the user's content, or suspend the transfer of payments due until the case is investigated.
IMAGin will use its best efforts to notify the User, via their registered e-mail address, of the deleted content or account, the reasons that led to the deletion and the information regarding the unavailability of the content, unless expressly provided for by law or a court order to the contrary.
IMAGin cannot be held liable if it deletes content or accounts that violate or potentially violate these Terms of Use or the rights provided for in applicable legislation, either by legal determination or at IMAGin's initiative.
8. TECHNOLOGY
In order to offer the platform's functionalities, we rely on third-party technology systems to enable the database and servers to function, as well as the payment operation.
The databases are hosted on platforms provided by AWS.
Payments for your subscription may be intermediated by PAGSEGURO INTERNET INSTITUIÇÃO DE PAGAMENTO S/A, registered with the CNPJ under No. 08.561.701-0001-01, ("PAGSEGURO"), a banking correspondent of partner financial institutions, which may also collect and store some of your personal data, as detailed in our Privacy Policy.
IMAGin has no business relationship with PAGSEGURO or the correspondent's partner financial institutionsThese are merely services contracted to make the Platform and its functionalities available. We have no control over the services provided by these third parties, who are also not part of the contract represented by our Terms of Use.
9. INTELLECTUAL PROPERTY
All trademarks, names, domain names, layouts, trade dress, signs, slogans, texts and other constituent assets of the Platform, as well as systems, software, source codes related to the Platform are the property of IMAGin and its partners ("Our Rights") - with the exception of content licensed by production companies.
This means that you may not use Our Rights in any way that is not expressly authorized in these Terms of Use or directly by us. For example, you must never use or attempt to register Our Rights as your trademark, domain name or software or otherwise, whether in Brazil or another country. Also as an example, you must never attempt to record, copy, store, commercialize or create products derived from our platform. This could have bad consequences for IMAGin and other users, but especially for you, such as legal action.
It is expressly forbidden to decompile, copy, reproduce or make any other use of our systems and source codes, because they are also Our Rights.
10. GUARANTEES AND LIMITATION OF LIABILITY
IMAGin 's responsibility for the platform is limited to maintaining it as it is, as well as making reasonable efforts to provide Users with an adequate level of security to protect their access and provide the functionalities offered.
IMAGin does not guarantee to licensor and licensee users that they have necessarily complied with these Terms of Use and/or the Licensing Terms, despite their efforts to ensure the proper functioning of the platform and the operations it intermediates, and is not liable in a subsidiary or joint and several manner for the acts or omissions of its users.
Despite its efforts, IMAGin cannot give any guarantee as to the security of the Platform, which is not absolutely free and protected from invasion by hackers or other malicious conduct on the part of third parties, IMAGin being exempt from any liability in this regard, to the maximum extent of the applicable legislation.
IMAGin also does not guarantee that the maintenance of the platform and its functionalities will be continuous and perfect at all times. Functionality may be interrupted for technical reasons, system maintenance or other reasons beyond IMAGin's control. IMAGin will use its best efforts to notify you, via your registered e-mail address, whenever possible, prior to any interruptions, provided that these do not occur due to circumstances beyond IMAGin's control.
IMAGin is also not responsible for any services provided by third parties that are necessary to make the functionalities available or accessible through the Platform. However, IMAGin will collaborate and use its best efforts to help users resolve any issues they may have with such third parties.
IMAGin does not grant any guarantees that are not expressly provided for in these Terms of Use and is exempt from any liability in this regard.
IMAGin can only be held liable for damages arising from user-generated content if, following a specific court order, IMAGin fails to take steps to make the content identified as infringing unavailable within the scope and technical limits of its service and within the specified timeframe.
IMAGin cannot be held responsible for the improper use of the licensed content by third parties who have had access to said content by means other than the Platform. Use of the licensed content must be in accordance with these Terms of Use and the License to Use provided by the Platform. IMAGin is not responsible for monitoring any misuse or for taking legal action to prevent misuse, which must only be used by the original owners of the content.
IMAGin cannot be held liable under any circumstances for any indirect damages alleged by Users, such as moral damages, loss of profits, loss of profit or revenue, loss of a chance, eventual, special, exemplary or punitive or accidental damages, and can only respond to direct damages caused to the User as a result of the use of the Services, or the Platform, provided that they are proven to be caused by serious fault, intent or fraud exclusively by IMAGin, without competition from the User or third parties, and provided that they are recognized in a final and unappealable court decision. The limitations of liability provided for in this paragraph apply to IMAGin and any of its contractors, when involved in the Services. The possible interruptions or suspensions of the Services provided for in these Terms of Use cannot be considered a serious fault.
11. PRIVACY AND PERSONAL DATA POLICY
In order for IMAGin to be able to provide functionality to users and operate the Platform, as well as take security measures, some personal data may be collected, stored or made accessible, including its partners, which will be done in full compliance with the General Data Protection Law (Law No. 13,709/18). Details of the processing of personal data are set out in the Privacy Policy available at this link.
12. TERM
These Terms of Use come into force on the date of their publication and will remain in force for an indefinite period.
IMAGin may change the functionalities and the platform at any time, at its sole discretion, which may imply changing these Terms of Use. The Terms of Use may also be altered for legal or regulatory reasons, or at the sole discretion of IMAGin itself.
The user will be notified of any changes to the Terms of Use by e-mail.
If a user maintains their registration, they will automatically be bound by and agree to the new conditions. If a registered user does not agree with the new conditions of the Terms of Use, they must unsubscribe from the platform.
13. GENERAL CONDITIONS
The functionalities of the platform will be offered and provided "as is", i.e. users will have access to the content and other functionalities as made available on the Platform at the time of access. Therefore, we do not provide services or personalized content dedicated to a specific user demand.
These Terms of Use supersede any and all prior understandings between the Parties and shall be governed in accordance with the laws of the Federative Republic of Brazil.
By starting to use the platform, the user is automatically declaring that they are not prevented from using the functionalities and accepting these Terms of Use, either under the terms of the applicable Legislation or under the terms of contracts to which they are a party.
We will always communicate with you via your registered e-mail address.
If any provision of these Terms of Use is deemed invalid or unenforceable by applicable law, the remaining provisions of these Terms of Use shall be deemed valid and enforceable. Tolerance of non-compliance with any conditions set forth in these Terms of Use shall not be construed as a waiver or novation.
If you have any questions about the functionalities, the platform or the Terms of Use, you can contact us at [email protected].
Should any conflicts or disagreements arise as a result of the use of the platform that motivate you to bring legal claims, you agree that the Central Court of the District of São Paulo, State of São Paulo, will be the only competent court to settle any litigation or dispute directly or indirectly related to these Terms of Use, expressly waiving any other, however privileged it may be or may come to be.