Welcome to the Terms of Use for WELKER ("we," "us," or "our"). These terms govern your access to and use of our website (welkermusic.com), social media platforms, and all related services associated with the WELKER project, led by Brazilian producer Eduardo Welker and managed by Sunburn MGMT. By accessing or using our services, you agree to be bound by these Terms of Use, our Privacy Policy, and any additional guidelines or rules posted on our site. If you do not agree, please discontinue use immediately.
### 1. Acceptance of Terms
By accessing or using our website, profiles on platforms such as Instagram, SoundCloud, Spotify, or other services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. These terms constitute a legally binding agreement between you and WELKER.
### 2. Eligibility
You must be at least 16 years old to use our services. By using our site, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this agreement.
### 3. Use of Our Services
You agree to use our services only for lawful purposes and in accordance with these terms. Prohibited activities include, but are not limited to:
- Uploading, posting, or transmitting unlawful, harmful, defamatory, obscene, or infringing content.
- Attempting to interfere with, compromise, or disable the security, integrity, or availability of our site or services.
- Using automated systems (e.g., bots, scrapers) to access our content without permission.
- Violating any intellectual property rights, including copyrights, trademarks, or patents owned by WELKER or third parties.
### 4. Intellectual Property
All content on our site, including text, music, images, logos, designs, and software, is the property of WELKER, Sunburn MGMT, or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may:
- View and listen to content for personal, non-commercial use.
- Share links to our content on social media platforms, provided you do not modify or reproduce the content without permission.
You may not reproduce, distribute, modify, create derivative works, or publicly display our content without prior written consent from WELKER or Sunburn MGMT. Any unauthorized use may result in legal action, including claims for damages and injunctive relief.
### 5. User Accounts
Some features may require you to create an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use at johnny@sunburnmgmt.com.
- Be responsible for all activities under your account.
We reserve the right to suspend or terminate your account for violation of these terms or for security reasons.
### 6. Limitation of Liability
To the fullest extent permitted by law, WELKER and Sunburn MGMT shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from:
- Your use or inability to use our services.
- Any errors, omissions, or inaccuracies in our content.
- Unauthorized access to or alteration of your data.
Our total liability for any claim shall not exceed the amount you paid us, if any, in the past 12 months. This limitation applies regardless of the theory of liability (contract, tort, or otherwise).
### 7. Indemnification
You agree to indemnify, defend, and hold harmless WELKER, Sunburn MGMT, and their affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorney fees) arising from:
- Your use of our services.
- Your violation of these Terms of Use or applicable laws.
- Your submission of content that infringes third-party rights.
### 8. Termination
We may terminate or suspend your access to our services at any time, with or without cause, and with or without notice. Upon termination, your right to use our services will immediately cease. Any provisions of these terms that, by their nature, should survive termination (e.g., intellectual property, limitation of liability, indemnification) will remain in effect.
### 9. Third-Party Links and Services
Our site may contain links to third-party websites, platforms (e.g., Instagram, SoundCloud, Spotify), or services. We are not responsible for their content, privacy practices, or terms of use. Your interactions with these third parties are governed by their policies, and you access them at your own risk.
### 10. Governing Law and Dispute Resolution
These Terms of Use are governed by the laws of Brazil, without regard to its conflict of laws principles. Any disputes arising from or related to these terms shall be resolved through:
- Negotiation: First, the parties will attempt to resolve the dispute amicably within 30 days.
- Mediation: If negotiation fails, the dispute will be submitted to mediation in São Paulo, Brazil, under the rules of the Brazilian Chamber of Mediation and Arbitration (CBMA).
- Arbitration: If mediation fails, the dispute will be resolved by binding arbitration in São Paulo, Brazil, under the CBMA rules. The arbitrator’s decision will be final and enforceable in any court of competent jurisdiction.
- Jurisdiction: You agree to submit to the exclusive jurisdiction of the courts of São Paulo, Brazil, for any matters not resolved through arbitration.
### 11. Changes to These Terms
We may update these Terms of Use periodically to reflect changes in our services, legal requirements, or business operations. Changes will be posted on this page with the update date. Your continued use of our services after such changes constitutes your acceptance of the new terms. We recommend reviewing these terms regularly.
### 12. Entire Agreement
These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and WELKER regarding your use of our services and supersede any prior agreements or understandings, whether written or oral.
### 13. Severability
If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original.
### 14. Waiver
Our failure to enforce any right or provision of these terms will not constitute a waiver of such right or provision, unless expressly stated in writing by WELKER or Sunburn MGMT.
### 15. Contact Us
If you have questions, concerns, or need to report a violation of these Terms of Use, please contact us at:
- Email: johnny@sunburnmgmt.com
- Legal Notices: For legal notices, send certified mail to the above address, attention: Legal Department.