General Terms and Conditions www.kickoff.market

These terms and conditions (hereinafter referred to only as “Terms”) apply to your use of Our Site, www.kickoff.market.

Our Site is maintained by the legal entity KickOff Music Ltda., duly registered under CNPJ n. 43.694.939/0001-06, e-mail: contact@kickoffmusic.com.br, headquartered at:

234 Primeiro de Agosto Street,– Teresópolis – RJ – Brazil –  ZIP CODE: 25975-500

ABOUT US

KickOff Music is a platform dedicated to promoting commercial interaction between Artists and collectors.

Our object is to promote the sale and purchase of digital items, also recognized as Computer Tokens (NFT’s), constituted as digital files.

It is to be clear that KickOff Music Ltda. does not own any type of intellectual property of the advertised Computer Tokens, thus operating only as a Transaction Platform for them, involving their owners with eventual buyers, under pre-established rules and conditions.

What is a NFT

The NFTs, digital file (Computer Token) are files that have unique identifiers and are stored within the so-called Blockchain, a virtual place where it is possible to verify the validity of all properties and transactions related to the file, making it an extremely secure environment.

These Terms apply to everyone who uses Our Site. Compliance with the rules set forth herein is mandatory.

Those who do not understand or who do not accept the rules set out in these Terms must stop using Our Site immediately.

  1. DEFINITIONS

“We”, “Us” or “Our” refers to KickOff Music Ltda. (“www.kickoff.market“), the legal entity that maintains and is responsible for the Site.

“Site” is the website that can be accessed from the address “www.kickoff.market.”, including all of its pages and resources.

“Consumer Defense Code” or “CDC” is Brazilian Federal Law n. 8078, of September 11, 1990.

“Parties” refers to both the User and Us, without distinction.

“Services” refers to the following services provided directly by Us through Our Site:

Computer token

“Our Content” refers to any and all information or data published or made available directly by Us on the Site, including, but not limited to, text, images, videos and audio.

“User” is a person who browses or otherwise uses Our Site.

“Artist” or “Creator” is the owner (or owners) of the work that makes up the NFT.

  1. AGE RESTRICTIONS

The Site must only be used by persons over 18 years of age.

  1. AGE RESTRICTIONS FOR REGISTRATION

Only people over 18 can register on Our Site.

  1. MAINTENANCE, AMENDMENT AND DELETION OF REGISTRATION

Each User may maintain only one account with the Site. Duplicate accounts, when identified, will be automatically deactivated by Us, without prejudice to other applicable penalties.

For the registration to be completed, the User must provide the required data in full. All information provided by the User must be accurate, true and up-to-date. In any case, the User may be liable, in civil and criminal terms, for the veracity, accuracy and authenticity of the data provided.

The User must provide a valid email address through which all contacts will be made. All communications sent to that address will be considered read by the user, who undertakes, therefore, to regularly consult the messages received and to respond to them, if necessary, within a reasonable period of time.

After confirming your registration, the user will have a personal login and password, which must be used by him to access his account on the Site. These data should not be communicated by the User to third parties, and the use made of them is entirely their responsibility. You must notify Us immediately if you suspect any suspicious or unexpected activity has taken place on your account.

It will not be allowed to assign, sell, rent or transfer, in any way, a User account, which is personal and non-transferable.

Whenever your registration data are out of date, the User must correct them using the tools we provide for this to be done.

The User who fails to comply with any of the rules contained in this instrument will have their account suspended and will be notified to justify themselves. If the justification is not presented within the specified period or if the justification is not accepted, your registration will be deleted, and you will not be able to register again on the Site.

The user may, at any time and without the need for justification, request the cancellation of his registration with the Site. Your unsubscribe will be carried out as soon as possible, as long as no debts are verified.

Whether in the event of a request to cancel a registration, or in the event of deletion due to non-compliance with the rules set forth herein, the User’s personal data will be treated in accordance with our Privacy Policy, and it is possible that all or some data will be kept even after deletion account, irrespective of the consent of the holder of the personal data.

  1. NAVIGATION

We are commited to use all technical solutions at our disposal so that the Site can be accessed 24 (twenty-four) hours a day, every day. However, We may, at any time, interrupt, limit or suspend access to the Site or to some of its pages or resources, in order to carry out updates, modifications, corrections or any other action we deem necessary to ensure its proper functioning.

  1. SITE MANAGEMENT

For good management, We can, at any time:

a) suspend, interrupt or limit access to all or part of the Site to a specific category or to all Users;

b) remove all information that could disturb the functioning of the Site or that is in conflict with Brazilian law or international law;

c) suspend the Site in order to carry out updates and modifications.

  1. OUR RESPONSIBILITIES

Although we adopt all in Our power to keep Our Site up and running, We will be responsible for any defects or vices that may be found in the computer program that makes up Our Site and that have been caused by Us, provided that there is proven damage .

Defects or problems arising within or as a result of the systems or equipment used by the User to access and use Our Site will not be Our responsibility.

We are not responsible for the uses that Users make of Our Site, and they are responsible for personally and exclusively for their own actions.

We will not be liable for any damages arising from acts of God, force majeure or those arising from the actions of third parties.

We are responsible for Our Services within the Site and undertake to provide them in accordance with the conditions established during the contract. We are not responsible, however, in situations beyond our control, such as in situations where the contracting User gives us false or incorrect information or where there is an act of God or force majeure that harms or prevents us from fulfilling our commitments in time and manner.

  1. USE OF THE SITE

The User must use the Website’s functionalities for purposes that do not contravene the law, morals or good customs. Specifically, it should limit itself to using them in accordance with the purposes for which they were created.

The User may not use crawlers, robots or any computer programs, algorithms, equipment or automated methodologies to access, copy, read, monitor, browse, fill in forms or publish content on the Site.

The User may not use any automated or manual means or tools to access any content or information that has not been intentionally made available by Us, including information contained in sections of Our Site and those stored or that travel within the scope of the infrastructure of Information Technology used by Us, which includes equipment, networks and servers.

The User may not violate or test the vulnerabilities of the Site’s security mechanisms or the Information Technology infrastructure used by Us.

The User may not use any of the content or information made available on Our Site for the purpose of identifying other Users or other people, unless the content or information is lawfully disclosed for this purpose.

The User will not be able to overload the Information Technology infrastructure that maintains the Site with an excessive or unreasonable number of requests.

The User cannot hide his identity or the origin of his connection, nor can he impersonate another person. In this sense, in addition to other possible conduct, the User may not use any tools or mechanisms to manipulate or mask the origin of any message sent to Us or to Our Information Technology infrastructure through Our Site or any of its functionalities.

The registered User will be responsible for the use made of their user accounts, and must ensure that their access credentials (login and password) are not shared with third parties.

The User is responsible for ensuring the security of the electronic equipment and systems used to access the Site.

  1. EXTERNAL LINKS

Our Site may contain external links that redirect the User to other internet pages over which We have no control.

Despite the prior and regular checks that we carry out, We disclaim any responsibility for the content found on the pages and applications that can be accessed from these links.

  1. INTELLECTUAL PROPERTY RIGHTS REGARDING COMPUTER PROGRAMS AND OVER OUR CONTENT

The computer programs that make up the Site and Our Content made available on the Site are Our property, unless we expressly state otherwise.

Our computer programs and Our Content that are protected by copyright may not be, in whole or in part, copied, reproduced, represented, adapted or in any way altered, by any means and for any purpose, without Our prior and express permission, in writing. In the event of violations of Our intellectual property rights, We reserve the right to take all appropriate judicial and extrajudicial measures.

Access to the Site does not give the User any intellectual property rights relating to elements of the Site.

  1. SERVICES

Through the Site, We provide the customer with a catalog or an online store accurately presenting the Services sold. The Services are described and presented with the highest degree of precision possible, accompanied by correct, clear, accurate, conspicuous and English-language information about their characteristics, among other data, as well as any risks they pose to the User’s health and safety to acquire them.

Prices and fees for the sale of the Services are specified in the catalog or online store.

Before finalizing the purchase of a certain Service, the User must be informed about its specifications and its destination. In the case of a Service acquired within the scope of offers, the User must also observe its application conditions.

Offers will be made available on the Site at Our convenience.

  1. SERVICE PRICES

The seller reserves the right to modify the prices of the Services at any time by posting them on the Site.

The rates in effect at the time of order will be applied, subject to availability of Services on that date.

Prices will be indicated in reais and will not include delivery charges, which will be specified separately and will be informed before placing the order.

The total amount of the order, including all fees, will be indicated prior to final order validation.

  1. PAYMENT

Order payment must be made by International Credit Card only.

  1. PROVISION OF SERVICES

The Services will be provided by Us in accordance with the specifications, conditions and other information available on Our Site.

  1. THE RIGHT OF REPENTANCE

Considering the nature of the services provided and pursuant to the applicable legislation in force, there is no provision for exercising the right of repentance.

  1. EXCHANGES AND RETURNS

The Site’s exchange and return policy will be governed by the Consumer Defense Code (Brazilian Federal Law n. 8.078, of September 11, 1990) when applicable.

Except for the customer’s repentance, as provided for above, the exchange or return of purchased products or services will only be carried out upon verification of defects in quality or quantity that make them inappropriate or inadequate for the purpose they serve or that diminish them the immediate value, verified only at the time of the transaction, or even that present disparity with the indications and information prior to its sale.

The User must contact us, through Our customer service, as soon as the user finds an addiction to the purchased product or service. If, within a maximum period of 30 (thirty) days, it is not possible to resolve the defect or, regardless of this period, the replacement of the defective parts could compromise the quality or characteristics of the product or service, reduce its value or if it is a product or essential service, the User may choose to replace the product with another of the same kind or to perform the service again, by returning the amount paid or by proportionally discounting the price.

  1. PROTECTION OF PERSONAL DATA

We handle Users’ personal data in accordance with Brazilian Federal Law n. 13.709/2018 (General Law for the Protection of Personal Data) and other related rules that apply to Us. More information on this matter can be found in our Privacy Policy, which can be accessed from the link: https://kickoff.market/en/privacy-policy/

In that Policy, we identify the personal data that we process and provide information on how, for what reason and on what legal basis we do so, as well as how Users can exercise their rights related to the protection of their personal data and how may contact our Personal Data Protection Officer.

Requests for alteration, rectification or deletion of personal data must be directed to Us in accordance with the provisions of that Policy.

  1. CUSTOMER SERVICE

In case of doubts, suggestions or problems with the use of the Site, the User may contact Our customer service directly, through the e-mail address: contact@kickoffmusic.com.br. These User support services will be available from Monday to Friday, from 9 AM to 7 PM.

The User may also choose to send correspondence to the address of the Site’s headquarters, informed at the beginning of this document.

  1. SANCTIONS

Without prejudice to other applicable legal measures, We may, at any time, warn, suspend or cancel the User’s account:

a) that fails to comply with any of the provisions contained in this instrument;

b) who fails to comply with their User duties;

c) who perform fraudulent, illegal or immoral acts;

d) who provide any incorrect information;

e) whose behavior constitutes or may cause offense or damage to a third party or to the Site itself.

  1. USER PROHIBITIONS

a) During the use of our website and the maintenance of your Registration, the user is not allowed to:

b) Violate the Creator’s copyright, for example, but not limited to, copying, distributing, downloading, storing, modifying, transmitting, creating available products of any Work found on our Platform.

c) Violate any right to intellectual property, whether trademark, patent, copyright or related rights of our Platform.

d) Violate the security measures of our Platform, or causing any kind of damage to us and third parties, or even trying to take advantage of any system failure that our platform may eventually present.

e) Violate any local, state, national or international law or regulation.

f) Tamper with prices.

g) Impersonating a person or entity that you are not.

h) Use SPAM or any other practice of disclosing or capturing inappropriate, libelous or illegal information to promote any Work inserted in our platform.

i) Practice any type of offense or discrimination against other Users, Creators or third parties.

21. CHANGES

The present version of the general terms and conditions of use was last updated on: 10/22/2021.

We reserve the right to modify, at any time, the website and services, as well as these regulations, especially to adapt them to the evolution of the Website, either by making new features available, or by suppressing or modifying existing ones.

The User will be explicitly notified in case of alteration of this term.

  1. AUCTIONS

KickOff Music Ltda. will be able to promote its actions through virtual Auctions, which will eventually have its own rules, which one will never be able to oppose:

a) Precise and clear information about the start and end date and time of the Auction;

b) The formal consent of the Artist or the intellectual owner of the Computer Token with the completion and execution of the Auction;

c) The establishment of the minimum auction price;

d) The non-existence of the exercise of the right of repentance by the bidder;

e) The prohibition of participation in the Auction of any person connected to the Artist or the intellectual owner of the Computer Token;

f) The objective imposition that only users who are fully and totally registered on our Platform, who are entitled to the Auction, can participate in the Auction;

g) The temporal and financial rule for submitting bids;

h) The form of payment;

i)The deadlines involved in completing the negotiations.

  1. APPLICABLE LAW AND JURISDICTION

For the settlement of disputes arising from this instrument, Brazilian law will be fully applied.

Any disputes must be filed in the court of the region where the site editor’s headquarters are located.


Welcome!

The www.kickoff.market website team wishes you an excellent navigation!