Terms of Service

The site is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (in Brazil, generally under the age of 18) must have the permission of, and be directly supervised by, their parent or legal guardian, to use the Site. If you are a minor (specifically between 16 and 18 years old in Brazil), you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

By agreeing to these Terms of Service, you represent that:

• You are at least 18 years of age, or you are between 16 and 18 years of age and have received parental or legal guardian permission to use the Site, and your guardian has agreed to be bound by these Terms.
• You have the legal capacity and you agree to comply with these Terms of Use.

You may not use the Site for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

We are a platform provider and make no representations as to the safety, effectiveness, accuracy, or legality of any of the information or vocal tracks contained on the Site, which are provided by third-party users. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content, to the maximum extent permitted by applicable law.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local regulations, rules, or laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

Notice to Consumers in Brazil: The laws of Brazil, including the Consumer Defense Code (Código de Defesa do Consumidor), do not allow for the broad exclusion of warranties or limitation of liability for consumer services. Accordingly, the limitations and exclusions below may not apply to you if you are a consumer in Brazil.

For users outside of jurisdictions with mandatory consumer protections: To the fullest extent permitted by law, Vokaaly disclaims all representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the maximum extent permitted by applicable law, in no case shall Vokaaly, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product.

You agree to indemnify, defend and hold harmless Vokaaly and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Compositions and recordings (“vocal tracks” or "vocals") are made available by third parties (“vocalists”) through the Site. Vokaaly requires all vocalists to confirm that their recordings and offerings do not infringe any third party rights and that they have the necessary permissions to make the vocal tracks available and grant ongoing rights to purchasers.

Vocalists agree that they own 100% of the vocal tracks they offer for sale or for lease and or have the appropriate licenses, copyrights, mechanical licenses, and all other permissions required to offer vocal tracks to others.

Seller Obligations

• you have the authority and permission to make the vocal track content available in the manner offered by you
• the vocal track content do not infringe the rights of any third party, including any sample owners, writers, artists or musicians
• the vocal track content shall not contain or transmit any virus or other harmful matter
• all files you advertise as being included with purchase are uploaded

While Vokaaly provides a platform for you as a Seller to sell and grant licenses to vocals, all sales and licenses of vocals are between the seller and buyer. You agree that any claims you have arising from a sale, license or purchase of a vocal will be brought solely against the buyer, and in no instance, against Vokaaly.

Vokaaly reserves the right to remove any of Your Content from the Website if such content: (i)is patently offensive, pornographic or defamatory; (ii)is the subject of a dispute between you or us and a third party; (iii)is content to which you cannot document your rights therein upon Vokaaly's request; (iv)violates the intellectual property rights or other protected interests of a third party; (v)is the subject of a takedown notice by a party claiming to own the rights therein, (vi)is the subject of any fraudulent activity, or (vii)for any other reason in Vokaaly’s sole and absolute judgment is necessary to protect the business interests of Vokaaly or Licensees. In accordance with applicable law (such as the Brazilian Internet Civil Framework - Marco Civil da Internet), Vokaaly will also remove content upon receipt of a specific court order.

As a purchaser of vocal tracks, your contractual relationship relating to the vocal tracks is with the licensor or seller of vocal tracks and not with Vokaaly.

When you purchase vocal tracks, it will be under the conditions and limitations of the license terms stipulated by the relevant vocalist. These terms will be presented prior to completing the purchase of a vocal track. If you do not agree to those license terms, you must not purchase that vocal track. Any exploitation by a purchaser which is outside of the vocalist’s license terms will be a potential breach of contract and a potential breach of intellectual property rights, for which you will be liable.

You agree that any claims you have arising from a sale, license or purchase of a vocal will be brought solely against the seller, and in no instance, against Vokaaly.

Notice for Consumers in Brazil (Right of Repentance):
Notwithstanding any provision to the contrary in this section, users in Brazil are entitled to a “right of repentance” (direito de arrependimento) under Article 49 of the Brazilian Consumer Defense Code. If you are a consumer in Brazil, you may request a full refund for any purchase for any reason within seven (7) days from the date of purchase.

General Refund Policy:
For all other users, or for requests from Brazilian users made after the 7-day repentance period, Vokaaly does not guarantee refunds. However, if a refund request is made within 48 hours of purchase, we will evaluate your claim and will provide a refund under certain circumstances, including: Breach of seller obligations, poor quality stems, or files that were significantly different than advertised, or not all advertised files were included.

We are not the sellers or the owners of the vocals on our platform. Therefore if you require a refund outside of 48 hours (or the 7-day repentance period) or outside of circumstances we deem valid for a refund, we ask that you contact the vocalist. Money is paid directly to them and refunds are at their discretion.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Vokaaly and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

By using the Site you represent that all registration information you submit will be true, accurate, current, and complete. You will maintain the accuracy of such information and promptly update such registration information as necessary.

vokaaly.com may contain links to other websites (“Linked Sites”). Vokaaly is not responsible for the contents of any Linked Site, and the inclusion of any link does not imply endorsement by Vokaaly.

By using any product, service or functionality originating from the vokaaly.com domain, you hereby acknowledge and consent that Vokaaly may share such information and data with any third party with whom Vokaaly has a contractual relationship to provide the requested product, service or functionality on behalf of vokaaly.com users and customers.

The Site contains messaging functionality and/or other message or communication facilities (“Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

Vokaaly reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion, and to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Vokaaly reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, specific court order, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Vokaaly's sole discretion.

Your submission of personal information through the site is governed by our Privacy Policy. Our Privacy Policy describes our data processing practices in compliance with applicable laws, including (where applicable) the Brazilian General Data Protection Law (LGPD).

If you access the Service from a location outside Brazil, you are responsible for compliance with all local laws. If you are a resident of Brazil, you acknowledge that by using the Service, you are subject to these Terms, which shall be interpreted in accordance with Brazilian law for all matters concerning your rights as a consumer or data subject.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil. Any disputes arising from or related to these Terms or the Service involving users in Brazil shall be submitted to the jurisdiction of the courts located in the user's city of domicile in Brazil.

Questions about the Terms of Service should be sent to us at support@vokaaly.com