Terms of Use and Conditions of Navigation
Terms of Use and Browsing Conditions
Nuuvem Platform
Welcome to the Nuuvem Platform. Below, we present the Terms of Use and Browsing Conditions, a document that lists the main rules to be observed by all who access this site or use its tools.
By visiting or using this site, it is assumed that you have read and agree to all the terms below.
Definitions
1.1 For the purposes of this document, the following definitions and descriptions should be considered for better understanding:
Anti-Spam: System that prevents unwanted correspondence, such as mass advertising, by blocking messages or moving them to a specific folder.
Activation: Validation of information regarding usage licenses, occasionally required for access to certain Games on the platform of the license-holding companies of the Games or, occasionally, on the Nuuvem Platform.
Access Account: Restricted area for exclusive use of the User accessible through login and Password, through which the User interacts, performs transactions, and exchanges personal information with the Platform.
Digital Content: Music, soundtracks, movies, Games, and other similar content available on the Nuuvem Platform.
Crawler / Spider: Program developed to act or obtain information automatically on websites.
Game(s): Type of Digital content available on the Nuuvem Platform for download to Users.
Layout: Set comprised between appearance, design, and flows of the Platform.
License(s): License(s) for use of Digital Contents or Games acquired through the Nuuvem Platform. Nuuvem intermediates the sale of Licenses between Publishers and Users. Licenses confer to the User a non-exclusive, limited, and revocable right and license to use the Digital Content for personal and non-commercial use (except as expressly permitted by Nuuvem in specific cases, at its sole discretion). The acquired license does not confer any title or ownership over the purchased Digital Content.
Link: Terminology for internet address.
Login: User's identification name on the Nuuvem Platform.
Nuuvem: NUUVEM LTDA., enrolled with CNPJ/MF under No. 17.126.332/0001-10, headquartered at Rua Lauro Muller, 116, Sala 503 (part), Botafogo, in the city of Rio de Janeiro/RJ, ZIP Code 22290-160.
Platform: Virtual environment where the services, Games, and Digital Content that are part of the sales catalog intermediated by Nuuvem are available, offered to Users through the website accessible via the domain "www.nuuvem.com".
Publishers: companies that own the rights to economic exploitation or licensing of Licenses. Nuuvem intermediates the sale of Licenses by Publishers to Users. Publishers can be companies located in Brazil or abroad.
Password: Set of characters that serves as proof of the User's digital identity, the knowledge of which must be exclusive and unique.
Website: Denomination for an internet page.
User(s): Person(s) who have a valid account on the Platform and who access or interact with the activities offered Every User must necessarily be an end consumer, and any purchase for the purpose of commercial resale or commercial exploitation is prohibited.
Visitor: Any person who accesses the Platform.
2 Access and Functionality Restrictions
2.1 This Platform is dedicated to hosting the Nuuvem virtual environment, whose activity is to allow Users to acquire Licenses to download Digital Content, especially Games, also allowing User interaction through social tools. Digital Content is downloaded directly from the websites of the License-holding companies, the Publishers, from other platforms authorized by the Publishers, or, in some cases, from the Nuuvem Platform itself, depending on each specific License acquired.
2.2 Nuuvem is a company dedicated to facilitating the sale of Licenses by Publishers to Users through the Platform. Nuuvem does not purchase Licenses from Publishers for subsequent resale to Users.
2.3 Nuuvem is committed to providing its Users with an easy, practical, and quick way to access Games on computers, consoles, or smartphones.
2.4 This Platform is aimed at Users located worldwide, although there may be differences in the catalog of Games offered depending on the User's location.
2.4.1 In the case of Games with regional restrictions, the User will be guaranteed access to the Game only in the country where the purchase was made, even though there may be the possibility of accessing it in a country different from where the purchase was made.
2.4.2 In the event of access restrictions described in item 2.4.1 above, the use of any technological tool, such as, but not limited to, Proxy and VPN, to access Games in a country other than where the License was acquired by the User, is prohibited.
2.5 The purchase of Licenses for commercial resale or for commercial exploitation, such as, but not limited to, the economic activity of paid License rental, is prohibited.
3 Platform Operation and Conduct
3.1 This Platform is presented to the web public as it is available, and may undergo constant improvements and updates, with Nuuvem not being obliged to maintain a structure or Layout, except for its own convenience.
3.2 Users interested in acquiring Digital Content must create an account, providing their email and a Password.
3.2.1 Each Access Account is limited to acquiring only one License for each Game for personal use, with any commercial use of this License being prohibited. Nuuvem will not provide repeated Licenses for the same Game to the same User.
3.2.2 The acquisition of item packs for Games is conditioned to a single price offered at the time of purchase, regardless of whether the User already owns one or more items in that pack. The User will not receive the same item again if they already own it, receiving only the other items in the pack that they do not possess.
3.2.3 To make the purchase, the User must also provide other personal data according to the chosen payment method, such as, but not limited to, full name, Login, display name for the public profile, identification document number in their country, Individual Taxpayer Registry number - CPF, credit card number, telephone number, and address, as well as other identification elements that Nuuvem may require to prove compliance with the rules of these Terms of Use and applicable legislation (especially the requirements of tax law, consumer protection law, and child and adolescent protection law).
3.2.4 Nuuvem reserves the right to request from the User the submission of additional information and possible copies of documents, solely and exclusively to confirm the buyer's identity and the authenticity of their documents.
3.3 All Licenses marketed may require the creation of an Access Account on a different platform (the platform from which the Games will be downloaded). In cases where Activation is necessary, a key will be provided in a specific location in the User's Access Account on Nuuvem.
3.3.1 Due to variations in the distribution method of some Games, it may be necessary for Activation, download, installation, and/or access to the Game to occur through an Access Account on a platform other than Nuuvem. In these situations, there will be information in a visible and appropriate location on the Game's descriptive page, before finalizing the purchase.
3.3.2 The platform described in the item above for accessing the purchased Games may be changed at any time, regardless of the information described at the time of purchase. If there is a change, the download, installation, and/or access to the Game must be done through the substitute platform.
3.4 Nuuvem may, at any time, change the payment methods available on the Platform, as well as any companies responsible for their intermediation, clearly informing the User of the available payment method.
3.5 Users who make purchases on the Platform may exercise their right of withdrawal within 07 (seven) days counted from the receipt of the product, using the contact methods available on the Platform, with the official channels being the email support@nuuvem.com or contact form, to initiate the procedure. There will be no right of withdrawal for purchases made in breach of these Terms of Use and, in particular, for purchases made for resale or commercial exploitation.
3.5.1 Nuuvem guarantees to consumers that it will confirm in writing the receipt of their cancellation requests made based on the right of withdrawal. Nuuvem will honor all cancellation requests made based on the right of withdrawal carried out in accordance with national legislation and these Terms of Use. After the cancellation request is made, Nuuvem will block the viewing of the Activation Key, if it has not been viewed until then.
3.5.2 Payment refund can only be made if the User has not used their License, which is considered the viewing of the Activation key in the Access Account and/or completion of the download. In case of purchases for gifting, the Access Account to be considered will be that of the gifted User.
3.5.3 If the absence of the above requirements is found, Nuuvem reserves the right not to accept the return and not to refund the amount paid, being able to make the product available to the User without prior consultation. For greater security of Users, we recommend verifying all information available on Nuuvem about a particular product before making a purchase.
3.5.4 Nuuvem will refund the amounts paid using the same payment method chosen in the purchase process. It is worth mentioning that, in purchases made with a credit card, the refund will be made through a credit to the invoice (refund).
3.6 In addition to these Terms of Use and Browsing Conditions and the Privacy Policy, the Platform has specific regulations focused on its services provided, functionalities available, procedures, and policies adopted by Nuuvem to regulate forms of payment and use of the forum, for example.
3.6.1 The User understands that for the full use of the Platform, its functionalities, services, and products, it is necessary to read and agree to all terms, policies, and regulations of Nuuvem and the owners of the Digital Content, as applicable.
3.6.2 In case of any discrepancies between the provisions of these Terms of Use and Navigation Conditions, the Privacy Policy, or the regulations of the Platform, the provision in the most specific norm shall prevail.
3.7 Nuuvem reserves the right to suspend a User's access without prior notice if it deems their registration to be irregular or if they violate, directly or indirectly, these Terms of Use and Browsing Conditions of the Platform or any legal provision.
3.8 Nuuvem makes every effort to ensure the continuous and permanent availability of the Platform, but is subject to extraordinary events, such as natural disasters, failures or collapses in central communication systems and internet access, or third-party actions, which are beyond its sphere of surveillance and responsibility.
3.9 It is the duty of Users to read the Terms of Use and Navigation Conditions, the Privacy Policy, and other regulations of the Platform whenever accessing it, and to commit to acting in accordance with the provisions of these documents.
3.10 Only Users over 18 (eighteen) years old are allowed to use the Platform. Individuals under 18 (eighteen) years old must be assisted or represented by their legal guardians throughout their navigation on the Platform.
3.10.1 By indicating the date of birth on the Platform, the User declares the accuracy of this information and will be fully responsible for all acts performed therein.
3.10.2 Nuuvem cannot be held responsible for acts committed by individuals under 18 (eighteen) years of age or Users who are incapable of entering into legal relationships under Brazilian law.
3.11 User registration is free of charge and will provide access to the Platform's functionalities.
3.12 Nuuvem may change the eligibility criteria for accessing the Platform or performing activities therein at any time, without the need for any communication or notice to the User. Nuuvem also has the right to refuse to grant Access Accounts to anyone who fraudulently uses or in any way violates or attempts to violate the Platform's Terms of Use and Browsing Conditions or any legal document made available by Nuuvem on the Platform or any law or regulatory act issued by an authority.
3.13 Users may use the contact channels, with the official channels being the email support@nuuvem.com or the contact form on the Support page, to report whenever they witness or find inappropriate content on the Platform.
3.13.1 The report will be confidential and will preserve the User's identity.
3.14 Nuuvem may restrict the number of Licenses for the same Product or different Products that can be acquired by the same User if it deems that the purchase of the same License or multiple Licenses may constitute purchases for resale or commercial exploitation.
4 Platform Communication with Users
4.1 Nuuvem may use all communication channels provided and authorized with its Users, in their various modalities, including but not limited to email, telephone calls, SMS messaging, WhatsApp, or any other form of instant electronic messaging. Communications will be made exclusively to meet purchase requests made on the Platform, to verify compliance with these Terms of Use, or to prevent fraud committed with consumer data.
4.1.1 The responsibility for receiving communications lies exclusively with the Users, so it is essential that they always provide correct and accurate data, and keep it updated whenever they navigate the Platform.
4.1.2 It is also the responsibility of Users to configure their anti-spam systems so that they do not interfere with the receipt of communications and materials sent by Nuuvem or any notices sent by the Platform. No excuse will be accepted if access to any email is not received due to such blocking or similar filtering.
5 User Privacy on the Platform
5.1 The Platform has its own document, called the Privacy Policy, which regulates the treatment given to registration information and other information and data collected.
5.2 The Privacy Policy is an integral and inseparable part of the Terms of Use and Navigation Conditions of the Platform and can be accessed through the link found in its baseboard.
5.3 If any provision of the Privacy Policy conflicts with any other provision of this document, the provision described in the more specific norm shall prevail.
6 Platform Obligations
6.1 Nuuvem undertakes to its Users:
a) Maintain a secure virtual environment, such as its management operations and registered data for this purpose;
b) Preserve the functionality of the site, with unbroken links, using a Layout that respects usability, security, and navigability, facilitating navigation whenever possible and ensuring a reliable environment to process its operations;
c) Display the functionalities clearly, completely, accurately, and sufficiently so that there is an exact perception of the operations carried out; and
d) Ensure, through the available state of the art, the confidentiality of data entered into the functionalities offered on its Platform, only being accessible to those whom the User discloses, in addition to themselves.
6.11 Nuuvem may perform preventive or emergency maintenance on the Platform, and therefore, any stoppages, unavailability, or inability to access may occur in these situations. Preventive maintenance will not require notice to Users when it causes any unavailability. Such notices will not be sent to Users in case of emergency maintenance that may cause unavailability on the Platform.
6.1.2 The unavailability of the Platform caused by force majeure or resulting from the maintenance described in this item 6.1.2 will not result in any right to compensation or damages for the time it remains out of use, regardless of the motivation.
7 Users Obligations
7.1 Users undertake to:
a) Navigate ethically, always respecting the conditions governing the use of the Platform, taking responsibility for all actions taken in such environments and outside of it involving the Platform, directly or indirectly;
b) Provide data and information always with a commitment to truthfulness and authenticity, under penalty of legal consequences, the duty to indemnify anyone harmed, and the possibility of having their Access Account to this Platform deleted and their access blocked;
c) In the event of damage to the Platform or third parties, bear all obligations to indemnify Nuuvem itself or any potentially injured party, with Nuuvem not being liable for such losses;
d) Use the resources of this Platform for the purposes for which it was established, subject to the penalties provided by law, the duty to indemnify anyone who may suffer damage, without prejudice to having the Access Account excluded and any and all related benefits lost;
e) Maintain the confidentiality of their Access Account data, password, and other authentication devices in relation to third parties, not disclosing or sharing them with anyone, under penalty of exclusion of the Access Account to the Platform, as well as the duty to compensate for any damages resulting from such improper disclosure; and
f) If they suspect that the confidentiality of their password has been violated or that any authentication device has been compromised, proceed to change or update it as soon as possible.
7.2 Users shall use the social interaction and content publishing tools provided by Nuuvem, such as, but not limited to, Forums, Blogs, and comment and review systems, in accordance with their specific rules of use, a commitment expressly accepted by accepting these Terms of Use and Conditions of Navigation. Nuuvem reserves the right to remove any content that violates the Terms of Use and Conditions of Navigation, the specific rules of use of each tool, and other legal documents.
7.2.1 Content that violates the privacy of third parties, such as, but not limited to, materials containing scenes of nudity or private sexual acts, will be removed immediately upon Nuuvem's knowledge regardless of request, with the responsibility for such content solely lying with the User who made it available.
7.3 Users, when using platforms other than Nuuvem, will be subject to the acceptance of the Terms of Use of those platforms.
8 Copyright and Intellectual Property Rights of the Platform
8.1 The commercial use of the expression "Nuuvem" or similar words, even with different spelling, such as trademarks, business names, or domain names, as well as the contents of the Platform screens, computer programs, both proprietary and third-party, databases, networks, and their files, are the property of Nuuvem and/or its partners and are protected by international laws and treaties protecting intellectual property, including, but not limited to, Federal Laws 9.609/98, 9.610/98, 9.279/96, and 10.406/2002.
8.2 By accessing this Platform, Users declare that they will respect all intellectual property rights of Nuuvem and its partners, including, but not limited to, computer programs, copyrights, and industrial property rights over trademarks, patents, domain names, corporate names, and industrial designs, deposited or registered in the name of Nuuvem, as well as all rights related to third parties that may be, or have been, in any way available on the Platform. Accessing or using the Platform's functionalities does not grant Visitors or Users any rights to use names, titles, words, phrases, trademarks, patents, domain names, corporate names, literary, artistic, literary-musical works, images, illustrations, legal documents, data, and information, among others, that may be or have been available therein.
8.3 Reproduction of the aforementioned contents is prohibited, except with prior written authorization from Nuuvem or if intended for strictly personal use without Users acquiring any rights over such content under any circumstances.
8.4 The use of this Platform for commercial, advertising, or any other purposes contrary to the reality for which it was designed, as defined in this document, is prohibited, as well as the reproduction, distribution, and dissemination, in whole or in part, of the texts, figures, and graphics that compose this Platform, without prior express authorization from Nuuvem.
8.5 Users assume all and any responsibility, whether civil and/or criminal, for the misuse of the information, texts, graphics, trademarks, patents, domain names, works, images, logos, in short, of all and any intellectual or industrial property rights existing on this Platform or owned by Nuuvem.
8.6 Any other type of use of authorized material, including for editorial, commercial, or advertising purposes, may only be done with prior express consent from Nuuvem. Unauthorized commercial use may incur civil and criminal infractions.
8.6.1 Any reuse of authorized material must be subject to new authorization from Nuuvem.
8.6.2 The authorization granted for the use of the requested material may not be transferred to third parties, even if linked to the authorized subject.
8.7 The eventual removal of any content or functionality from this Platform due to a complaint should always be understood as a demonstration of the intention to avoid damages and losses and cannot be admitted as an assumption of guilt or violation by Nuuvem of third-party rights.
8.8 Unless specifically provided in an existing contract between Users and Nuuvem, Users retain copyrights to the content submitted to the Platform, such as comments and their content, granting an irrevocable, perpetual, worldwide, unrestricted, royalty-free, and non-exclusive license for reproduction, adaptation, modification, translation, publication, distribution, or display on the Platform itself for the purpose of better using the tool, greater promotion of any product, service, or activity related to the Platform.
8.9 The submission by the User to Nuuvem, through the Platform or through the disclosed channels, of content related to ideas for new products, improvements to existing ones, advertising campaigns, or any other marketing action, will imply authorization for the use of the content by Nuuvem, with it being at the exclusive discretion of Nuuvem to offer any kind of pecuniary reward or non-financial compensation for what was submitted, and the User may not claim anything in this regard.
9 Orders and Payment
9.1 Users can find the products available on the Platform through the search tool or in the "Games" option, available in a specific and visible location on the Platform.
9.2 Upon locating the desired product(s), the User can click on the available image, and the product information will be displayed, such as a game summary, system requirements, age rating, and additional information. To proceed with the purchase, the User must add the desired items to the cart and then choose the payment method and enter any discount coupons, if available. Upon completing the order, the User must provide the necessary information for payment.
9.3 Payment for orders can be made through the available methods on the Platform, including credit card, bank slip, and electronic transfer. New methods may be made available, and the User can choose their preference based on the Platform's availability at the time of payment.
9.3.1 Nuuvem reserves the right to change billing methods, payment platform partners, services provided, additional registration fields, and anything else deemed necessary for the correct development and operation of the Platform.
9.4 Nuuvem protects its payment pages and Account pages through digital certification, increasing Visitors' security by guaranteeing that all information transmitted between the Visitor's Internet browser and the Platform will be encrypted.
9.5 The following rules apply to refunds for customers requesting refunds based on the right of withdrawal: (a) refunds for payments made by credit card will be made by chargeback on the same card; (b) for purchases with Pix or bank slip, the refund will be made to the consumer's bank account, as informed to Nuuvem.
9.7 Purchased products will be made available to the User once payment confirmation and internal approval by Nuuvem are obtained, except for products purchased on pre-order, which will only be available on the scheduled release date of the game, and the confirmation period may vary depending on the User's chosen payment method. For example, bank slip confirmation may take about 3 (three) business days.
9.8 Nuuvem reserves the right to change the price and availability of any product at any time without prior notice. Price and availability changes will not affect transactions already completed and awaiting payment confirmation or internal approval by Nuuvem.All transactions will be initiated in the currency indicated in the shopping cart, according to Nuuvem's definitions for the User's country of access, and payment through payment intermediaries may occur in a different currency, according to the exchange rate and fees for the User's country of access or account in the intermediary.
9.9 Nuuvem provides Users with a loyalty and rewards program for orders and payments made on the platform, with its own regulations accessible at the webpage https://www.nuuvem.com/drops-program.
9.10 Users must provide truthful identification documents, such as their registration number in the Individual Taxpayer Registry - CPF, for the purchase to be validated. The presentation of false documents may constitute criminal misrepresentation.
9.11 Every Order must be placed by the User as an end consumer. Nuuvem reserves the right not to mediate the sale of Licenses if it finds that the User is making the purchase with the intention of resale or commercial exploitation.
10 Taxes
10.1 Nuuvem is a company dedicated to facilitating the sale of Licenses between Publishers and Users. Publishers are located in Brazil and other countries.
10.2 Therefore, Nuuvem is not responsible for withholding any taxes that may be imposed on the purchase and sale of Licenses. All taxes required from end customers or Publishers on the Licenses/rights of use acquired must be collected or withheld by the respective taxpayers or responsible parties if there is a requirement for withholding or collection when the purchase is made from a Publisher located outside Brazil.
11 Platform Support
11.1 In case of any doubts about the conditions established in this agreement or any document of the Platform, the User should contact the official channels, either via email at support@nuuvem.com or through the contact form available on the Platform, at address http://secure.nuuvem.com/support.
12 Modifications of these Terms and Conditions
12.1 These Terms of Use and Navigation Conditions of the Platform are subject to constant improvement and enhancement, resulting in constant changes and adjustments to their terms. Therefore, Nuuvem reserves the right to unilaterally modify this document at any time, as well as the respective Privacy Policy. Therefore, it is recommended that the User, whenever accessing the Platform, verify the version of the Terms of Use and Navigation Conditions of the Platform made available.
12.1 By browsing the Platform and using its features, Users and Visitors agree to be guided by the Terms and Conditions of Use of the Platform and the Privacy Policy that are in effect on the date, and therefore, they must check them each time they access the Platform.
13 General Provisions
13.1 Users are not permitted to access the programming areas of the Platform, its database, or any other set of information that is part of Nuuvem's activity, to perform or allow reverse engineering, translation, decompilation, copying, modification, reproduction, leasing, subleasing, sublicensing, publication, disclosure, transmission, lending, distribution, or in any other way, make available tools for querying this Platform and its functionalities to third parties without the prior and express authorization of Nuuvem, and any User who does so shall be subject to Brazilian law, without prejudice to the obligation to repair the damages caused.
13.2 The use of spider/crawler programs or data mining, aimed at breaking security systems, passwords, CAPTCHA, or any other similar type or species, as well as any other not typified here, but that acts in an automated manner, either to perform mass operations or for any other purposes, is prohibited, under penalty of the application of related legislation protecting Nuuvem's interests, without prejudice to the obligation to repair any losses and damages eventually determined and/or borne by Nuuvem resulting from this improper use.
13.3 The Platform and the website were developed and made available to be manipulated by individuals, for the specific purpose of commercializing products. Any use outside of this standard must be previously authorized by Nuuvem, and any results from unauthorized use or outside the established standards cannot be used or made available to any individuals without Nuuvem's prior and express authorization.
13.4 The tolerance of any breach of the clauses and conditions of this instrument will not constitute novation of the obligations stipulated herein, nor will it prevent or inhibit their enforceability at any time.
13.5 All records and data storage performed in the Platform environment will be carried out and cataloged based on the UTC/GMT reference time.
13.6 If any provision of these Terms of Use and Browsing Conditions of the Platform is considered illegitimate by the authority of the location where the User accesses the Platform or maintains a connection, the remaining conditions shall remain in full force and effect until further notice.
14 Applicable Law and Jurisdiction
14.1 These Terms and Conditions of Use described herein are interpreted according to Brazilian law, in the Portuguese language, with the Forum of the District of Rio de Janeiro, State of Rio de Janeiro, Brazil, being elected to settle any dispute, question, or subsequent doubt, with express waiver of any other, no matter how privileged. For legal actions initiated by consumers, the consumer may choose to file the action in the Forum of the District of Rio de Janeiro, or in the forum of the consumer's domicile, according to article 101 of the Consumer Protection Code, for civil liability actions of Nuuvem as a supplier of products and services.
15 Terms and Conditions of Use for Campaign Supporter
This term applies to you, a user of the service, in the capacity of a "supporter of a campaign" ("User" "Supporter"). From the moment you start the registration and support a campaign, you will be bound by the rules described here, agreeing and committing to faithfully respect them.
If, for any reason, it becomes necessary to modify the rules, you may view them through the same link "Terms and Conditions of Use."
If you do not agree with this term, do not register on Nuuvem to support a campaign.
Nuuvem, through the campaigns launched by companies, seeks to collectively raise funds ("Crowdfunding") for the financing of electronic game projects. Through the platform, it is possible to raise funds from users ("Supporters") interested in financing projects ("support") and, in return, receive the Rewards defined by the Launcher. Thus, Nuuvem acts as an intermediary between the Launcher and the Supporter.
The Launcher, understood as the individual or legal entity intending to launch a campaign, is responsible for the Campaign and for the development of the games. Nuuvem only acts as a platform that connects the Launcher of a campaign and its supporters, having no interference or responsibility in the development of the games that are the subject of the campaigns.
The use of the platform does not generate an employment relationship, employment bond, association, partnership between any Users and Nuuvem. Nuuvem is not a supplier of the products that are the subject of the Campaign.
By accepting these "Terms and Conditions of Use" and using the services of the platform, you declare that you can do so under the terms of current Brazilian legislation.
15.1 Definitions of Terms present in these Terms of Use
Support: It is the amount that the Supporter will contribute to the Campaign of a Launcher, and may involve receiving Rewards in return.
Supporters: They are the users of the platform who will financially collaborate and support a campaign through Crowdfunding. Only individuals over 18 years of age, or emancipated, may be supporters of projects. In the case of minors, support must be provided by their legal representatives.
Project Campaign or Campaign: Set of actions and planning to raise the necessary resources for the execution of the Project.
Successful Campaign: When a Project Campaign reaches the predetermined amount ("Amount") within the deadline ("Deadline"), both established by the Launcher.
Unsuccessful Campaign: When a Project Campaign does not reach the Amount within the Deadline.
Incentives/Rewards: Bonus(es) developed by the Launcher, which may be attributed to contributions made by the Supporter(s), directly linked to them. It is the sole and irrevocable responsibility of the Launcher to fulfill them, in the case of a Successful Campaign. Financing participants of the general project cannot have disposition of trademarks or CNPJ, and cannot be used as Branding. The game's rhymes will need to be approved by the developers before being closed for the rhyme book. CNPJ and trademarks can only participate through negotiations and commercial categories that may be created during the financing project or through a formal agreement with the developers.
Launchers: They are individuals who will create Project Campaign(s) to raise financial resources through Crowdfunding.
Payment Methods: They are service providers aimed at allowing (i) Supporters to collaborate with Projects through Crowdfunding, (ii) Launchers to receive the Amount, (iii) Nuuvem to receive its commission, and (iv) Supporters to be reimbursed within a period of up to 90 days in cases of Unsuccessful Campaign.
Platform: It is the electronic address of Nuuvem, located at the URL www.nuuvem.com.br and its subdomains.
Project: Set of information and actions aimed at creating a product or executing a service. The Launcher is responsible for the project, and Nuuvem has no interference in the project, dates, and deadlines.
Rewards: They are the incentives defined by the Launcher within the Project, which may be offered when the Supporter contributes, and the Supporter may choose whether or not to receive them. Nuuvem is not responsible for fulfilling the Rewards, as they are the responsibility of the Launcher.
Users: Any individual who has registered in their own name, for which they have the authority to do so, and navigates the website www.nuuvem.com.br, agreeing to these Terms and Conditions of Use, whether they are a Supporter, Launcher, or Professional;
15.2 Registration
To register on Nuuvem and have access to campaigns, you must provide the information requested by Nuuvem and fit into the figure of a Supporter. The Supporter declares, under penalty of law, to provide true information.
Banking information or credit card data of Users will also be requested, as appropriate, for making contributions, reimbursements, and transferring funds to Launchers.
We remind you that our Privacy Policy protects all the data you will provide us with and complies with applicable law.
15.3 Password
The access password you register must be kept strictly confidential. This confidentiality is the responsibility of the account holder, and Nuuvem is not responsible for any activities that occur using your password.
15.4 Launched Campaigns
Once the Campaign is launched, the process of raising the necessary funds for its realization will begin. Before supporting a campaign, carefully read the project's rules and these terms of use.
Nuuvem has no responsibility or obligation to promote your Campaign, attract Supporters, and/or ensure that it is Successful.
Nuuvem has no responsibility in cases where the Campaign does not reach the minimum Amount required within the Deadline set by the Launcher.
The campaign will be considered Successful when the predetermined amount ("Amount") is raised within the deadline ("Deadline"), both set by the Launcher.
On the other hand, the Campaign will be considered Unsuccessful when the Amount is not reached within the Deadline.
15.5 Service Availability
Nuuvem does not guarantee that the system will be uninterrupted or free from defects, inaccuracies, interference, security breaches, errors, viruses, or failures ("Inaccuracies"). We do ensure that we will make our best efforts to keep it always available.
15.6 Responsibilities
Nuuvem: Nuuvem shall be responsible as determined by applicable law. As a platform that also offers crowdfunding services, Nuuvem has no control over the acts of the Launcher.
Nuuvem owns the intellectual property rights related to its own service, which are protected by Brazilian laws and international treaties.
The Launcher holds the intellectual property rights to their own Projects and enjoys full protection under the Brazilian legal system, particularly Law No. 9,610/98 - Copyright Law and the Industrial Property Law (Law No. 9,279/96).
Launcher: The Launcher is responsible for the development of the games that are the subject of the campaign and responsible for the Rewards.
The Supporter is aware that they are financing a new project, which may undergo changes, delays, or even unforeseen events that may make the execution of what was planned during the Campaign or even the delivery of Rewards unfeasible, without any liability on the part of Nuuvem, as it is only an intermediary in the relationship between the Supporter and the Launcher for the financing of the Project.
15.7 Final Conditions
If any part of this instrument is deemed invalid or unenforceable, it shall be interpreted in accordance with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remainder of the contract shall remain valid and effective.
Nuuvem shall not be liable for non-compliance with any obligations due to fortuitous events, force majeure, exclusive liability of third parties, or any other exclusion of liability.
The refund scenarios are provided in the Project description, and the User must read them carefully before providing support.
The User may not assign this Agreement or any rights or obligations without the prior written consent of Nuuvem.
Update: 03.18.2024