Artists

Maurice Factor-5
Tiza Harbas
Alim
Joao Omar de Carvalho Mello
Marcos Alan
Hicsos
Allan Giuseppe Badalassi
Banda Trader
Nora McCarthy
Eliezer Elper

Others

Enterprises and Professionals

Audio technician
Equipements
Graphic Art
Illuminator
Internet radio
Luthier
Music school
Phonoaudiologist
Photographer
Producer
Scribe
Shop
Studios
Teacher
Translator

Musicians and composers

*Preferred Language:
*Ramo:
*Name:
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Hello! Thank you for chosen a new option to promote your career. The musical catalogue 4z is ready to share a long journey. 

Keep the detailed plan description and which you are earning. 

This is a contract between you, in this act also named the “advertiser” and the company 4z serviços ltda.  Sometimes we refer to 4z serviços ltda as, “4z services”, “musical catalogue 4z”, “4z”, “we”, “us” or “our”.
4z supplies to ‘advertiser’ under license of 4z serviços ltda, the following Terms of service and access plan conditions.
When using our service, the advertiser is aware that he is submitted to ever manual or applicable rule to such service available or not at the moment. All the rules of use of the service are, in this act, integrated to the 
terms of service and access plan conditions as well as to the copyrights terms.
The Terms of the Service and access plan conditions, that we start to relate as \'Terms of Service\', could from time to time be brought up to date or be modified in accordance to the provisions of section Modifications 
to service of this act by 4z serviços ltda. 

Access plan description;

Purchasing our plan, you introduce your presentation in 1 (one) idiom.  Distribute, in our club, your music in *.mp3 (songs), *.mus and/or *.pdf (sheet music) formats. The advertiser, has an available area named here, 
virtual office, where the advertiser can manage his profile, change and include his register information, contact e-mail, login, password, includes pictures, texts, mp3, sheet music, inform his concerts schedule.  
The advertiser songs and sheet music will be also available in our virtual club. 

Every time the musical catalogue site is load, one of our advertisers is shown in the \'Artist in focus\' box.

The access plan has its own standard structure. The plan 4z+free! You have just signed, compound the following:

- Presentation page: Your introducing page format is divided in picture, title, presentation text and links (at the bottom);

- Photo: You can display on your page a photo until 100kb capacity, in one of the following formats, *. Jpg, *. Png, *. Bmp or *. Gif.

- Title: You have one available line in which you can include your denomination (eg band, group, orchestra, musician, \'name of the instrument\' etc.) and/or your name. It uses arial font, size 12 pt. If your title exceed 
the paragraph, an abbreviation must be used;

- Presentation text: Your text should contain until 1500 (one thousand and five hundred) characters and will be formatted in Arial font. 

Icons description, functions and other terms:

Agenda: information area of your scheduled shows. It has the following available options: 

Date: mm / dd / yy; Time: 12h00min; Place: theatre; City: Rio de Janeiro; Tel: 2222-2222; Show´s name: big band; Price: $ 25.00.

- Photos: box where you can upload until 6 (six) additional photos until 250kb each one and use one of the following formats; *. jpg, *. bmp or *. gif.

- Videos: available box to insert video´s link and title; 

Mp3 club: The advertiser may make available until 10 songs or 70 megabytes (seventy), which reaches first, in mp3 digital format. The advertiser provides the digital files, respecting 128 kbps format. The musical 
catalogue 4z does not effect the recordings and/or files conversion.

Sheet music club: The advertiser may make available until 20 compositions (sheets) or 20 megabytes (twenty), which reaches first, in *.mus and/or *.pdf format. The advertiser provides the digital files. The musical 
catalogue 4z does not edit the sheet music.

Discography page: The advertiser may display until 6 (six) cd´s cover* and CD comment and/or promotional description, the text contain until 77 (seventy-seven) characters.  

(*) the cd´s images must be in the following format, *. Gif, until 74kb.

Contact page: The advertiser has a contact page which enable the reception of messages from catalogue users. It has the following available options:

* Name: (user);
* Title: (of the message, subject);
* Free description: (message box);
* E-mail: (user contact).

The advertiser is the one responsible for messages content that will be exchanged with other advertisers and/or users of musical catalogue 4z.

Registration: this option allows the advertiser to include or amend all its cadastral information.  Following these available options: 

- Title: This option allows the advertiser to type his title, naming him (ex. band, group, orchestra, \'instrument reference\' etc...) for this option are available up to 22 (twenty two) characters;

- Text – box where the advertiser shall include or modify the displayed text in his own presentation page;

- Presentation picture - the advertiser has an available bar to type his presentation picture address. As provided in section photo above, image must be until 100kb of capacity.

- E-mail: This option allows the advertiser to type his e-mail. It is available until 255 (two hundred fifty five) characters. The e-mail provided by the advertiser will be used as his standart contact page e-mail;

- Bank data: The advertiser has 1 (one) available box to type paypal account; 

- Correspondence: The advertiser has 7 (seven) available boxes to type address, district, zip code, city, state and country.

In accordance to the terms of the Service, the advertiser agrees:

(a) To provide true, accurate, update, current and complete informations about himself when the inscription in the specific form (“Registration Information\') to access the Service;
(b) Maintain and promptly update such informations, to keep them true, accurate, current and complete.

The musical catalogue 4z is in the right to suspend or cancel immediately regardless notification, the advertiser account and refuse any and all use, present or future, if the advertiser provides any untrue, inaccurate, not 
current or incomplete information or if the 4z has reasons to suspect these informations.
The musical catalog 4z is concerned about the safety and privacy of all its users and respects the copyrights of all its advertisers.  Our service aims to attract a large audience. According to the applicable legislation 
to children and adolescents, it is upon the responsibility of parents to determine whether the use of the service and/or content is appropriate, becoming them the one responsibles for the use of the service, acquired files
and their distribution.

Statistics: The advertiser has an available box describing the visitors amount who access his page.

Login_password; 

Login is an identification you choose to access your virtual office. It is clearly understood that you can only use an available identification. Your identification contain a maximum of 50 (fifty) characters. It may be 
composed of letters and numbers.
Password is the office secret key of activation. It is clearly understood that your password is personal, non-transferable and that you are entirely responsible to maintain the confidentiality of it as well as login and all 
other activities that occurs under your password and/or login identification. 
The Advertiser agrees:

(a) Immediately notify musical catalogue 4z (according to the item I below) about any unauthorized use of your password or account or any other breach of security of your knowledge;
(b) Run out advertiser’s account at the end of each session. Assuring that it shall not be accessed by unauthorized third parties. The musical catalogue 4z shall not be liable for any loss or damage resulting disregard to 
the disposed in this clause by the advertiser.

I - You are responsible for account service.

You´re the one to use the service. You are responsible for all activities under the account of the service. You can not allow any third party to access and/or use the service on behalf of you.

II – To use the service, you will:

- Obey the Law; 
- Obey any codes of conduct or other notices provided; 
- Keep your service account password secret and promptly notify us if you suspect a security breach related to the service.

Mp3 club: The advertiser has the following available options to distribute his music (phonograms):

- Music: the advertiser has available 10 (ten) text areas to define the music’s name(s)  until 25 (twenty-five) characters for each name;

- Author: the advertiser has an available text area to define the author’s name for each music;

- Record label: the advertiser has an available text area to define the label’s name for each music;

- Album: in this option the advertiser can define in which album the music is published;

- To receive: It´s an option to inform about profit participation value.

It is clearly understood that the musical catalogue 4z adds its fees as set in clause 11 th of contract.
The advertiser expressly agrees and confirm the awareness of contract, terms of service and access plan conditions established by 4z serviços ltda.

Sheet music club:  In this option the advertiser has the following available options to distribute his music (sheet music):

- Music: the advertiser has available 20 (twenty) text areas to define the music’s title(s)  until 25 (twenty-five) characters for each one;

- Author: the advertiser has an available text area to define the author’s name for each music;

- Publisher: in this option the advertiser defines the publisher´s name;

- Edition: in this option the advertiser should define the edition in which the music is published;

- To receive: It´s an option to inform about profit participation value.

It is clearly understood that the musical catalogue 4z adds its fees as set in clause 11 th of contract.
The advertiser expressly agrees and confirm the awareness of contract, terms of service and access plan conditions established by 4z serviços ltda.

The advertiser understands and agrees that he must maintain all information current and updated.  The advertiser can access his account on his virtual office, in which the advertiser can effect modifications to his 
account.
The advertiser also agrees that he must promptly provide the necessary information to receive the payment (for example, the bank account for receiving). The advertiser is responsible for the accuracy of provided 
information and for all charges resulting of the payment receipt. Moreover, he must be able to others conditions to be in right to receive the payment.  In case of an undue payment we´ll revert or ask for the payment 
refund, so the advertiser agrees to cooperate with our efforts to resolve such situation.

The advertiser agrees that the minimum amount to release his participation will be from BRL 5.00 (five reais). This amount deposited in informed account by the advertiser, as before described.

Log out: This is the available option to close your virtual office and lock its session. 


Other terms of service for the access plan 


Respects to copyrights;

The musical catalog 4z respects the intellectual property of composers and musicians, and ensures that all the material provided and/or exhibited in its electronic site is previously authorized. We demand our users to 
respect the copyright, not producing copies and/or transmissions by any way of the provided material in our electronic site. The musical catalogue 4z may, in accordance to the terms of service, and in the appropriate 
circumstances, disable or terminate without previous notice, the accounts of users who disrespect the intellectual property rights of third parties.

4z enables its users, who buy the digital files, to keep on their personal computer 1 (one) copy for PRIVATE USE without any aim of direct or indirect profit, as §4 of Article 184 Brazilian Penal Code. Other sorts of 
use, such as reproduction, modification, distribution, transmission or display in other sites or other existing way or that are to be invented, are PROHIBITED. Except under previous authorization of their authors.
It is clear that the “user” or “advertiser” will respond to any effected claim.

Internet Access service;   

The advertiser is aware, as provided in section Access plan description  above, that our service does not include Internet access, here referred as World Wide Web, therefore the advertiser is responsible to pay the 
fees charged by the provider of Internet access. Such fees are apart from fees paid to our service.

Support; 
 
The support provided to the advertiser is given only and exclusively to the service provided by 4z as information upon the using of the virtual office and not effected downloads. 
The means of communication between the advertiser and 4z, to this purpose, will be electronic. It is clearly understood that 4z services does not supply any sort of internet access service as well as e-mail accounts 
and/or connection to the World Wide Web. The 4z services will answer to all e-mails in the shortest possible time.

No other beneficiaries;

Advertiser may not transfer this contract, or any part thereof, to a third part. Any attempt to do so is void. Advertiser will not transfer to any person, temporarily or permanently, any rights to the use of the service or 
any part of it.

§1- This contract and its benefits are exclusive to the registered advertiser.  With no benefits to any other person, except to his allowed successors.

Advertiser conduct;

The advertiser understands and agrees with the contract´s single paragraph of clause 5th. This means that the advertiser, and never the 4z, is entirely responsible for all Content transmitted to a server, displayed, 
emailed or otherwise turn available. The musical catalogue 4z does not control the already available content to users.
The 4z does not allow any of his advertisers to effect any sort of advertising or any unsolicited and/or unauthorized promotional material, such as unsolicited messages (known as \'junk mail\' or \'spam\'), chain letters, 
pyramid schemes or any other form of solicitation.
The advertiser can not interfere with or disrupt the Service, the networks or servers connected to the Service, obtain or attempt to gain unauthorized access to other systems or networks of computers connected to 
the Service, or disobey to any rule, procedure, policy or regulation of networks or systems connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, 
including, but not limited to, regulations promulgated by Brazil federative republic.  Spy or, in any way, harass third parties; Obtain or store personal data about other users, including, but not limited to, financial 
information.  Without any limit to the provided above, the musical catalogue 4z and its representants shall be in right to withdraw out the Service to any advertiser who violates the Terms of Service. The advertiser 
agrees that he must pre-evaluate and endorse all risks resulting from the use of any Content, exhibited in the 4z electronic site and also any other information available at any other part of the service by relying on any 
Content is correct, complete or useful. The advertiser agrees that 4z services shall preserve the ‘advertiser’ information, but also may allow access to such information under the law determination or, in good faith, 
believing that, the preservation or disclose is necessary:

(a) To protect the rights, property and/or interests of musical catalogue 4z and/or all public;
(b) To respond complaints of thirds rights violations;
(c) To enforce the Terms of Service;
(d) To comply the law or respond to legal petitions or legal proceedings. 
 
I- We use the technology or other means to protect our users and thirds rights therefore avoiding any violation to this contract.

The “User” agrees that the technical process and transmissions through the Service, may involve:
(a) Transmissions through several networks; 
(b) Modifications to reach or to adapt technical network requirements of connection or devices.
In this act, the “advertiser” expressly authorizes such technical transmission process in order to comply the applicable laws and/or the rules of his residencial country.

Prohibitions to resale the service (or material purchased);

The “advertiser” is aware that the reproduction, modification, distribution, publication, transmission, exhibition of the material distributed and turned available in the musical catalogue 4z in other sites and/or other 
existing means or that to be invented are PROHIBITED. Except under permission of their authors. All content, images and/or photos, drawings, logos, titles, pseudonyms, names, text, phonograms and scores 
displayed in the page(s) of musical catalogue 4z are protected by law, and the purchasing is upon his own risk, being responsible for any third parties claims and/or charges.  The advertiser declares to be aware of 
the items included in Title VII (Penalties for violations of Copyrights) Chapters I and II of the Brazilian Law 9610/98, the advertiser declares to be aware of the Brazilian law 10.695/2003 and Articles 184 and 186 
of Brazilian Criminal Code.

General Practice of use and storage;

The “advertiser” acknowledges that 4z services, may establish, upon its exclusive discretion, general practices and limits for the Service use, including, but not limited to:

- The number of effected downloads;
- The maximum period of account inactivity;
- The maximum amount of effected downloads in a single day;
- Access the account on more than one computer simultaneously;
- The maximum number of times (and the maximum duration for each of them) that the “advertiser” shall access the Service in a defined period. 

The “advertiser” understands and agrees that the musical catalogue 4z does not assume any responsibility for the deletion or failure of the transmission of the content purchased through the Service. Also, the 
“advertiser” agrees that 4z services reserves the right to disable the account that are inactive for a certain period of time. The “advertiser” also agrees that 4z services can change these general practices and limits at 
any time, on its exclusive discretion with or without any notice.

4z will strain all efforts to assure the best possible service running.   However, some problems foreign to the will of 4z may disable the transmission and/or publication of advertiser’s pages such as described in section  
Access plan description, above.

Modifications to service;

We can modify the service or delete resources at any time and for any reason, being the “advertiser” warned at least 30 (thirty) days in advance before such modifications applied.  If you do not agree with these 
modifications, you must cancel and stop using the service before such amendments are in force. If the ‘advertiser’ doesn´t interrumpt the use of the service before the validity of modifications the use of service will be 
continued in accordance to the amended.  We may also cancel or suspend the service at any time. Our cancellation or suspension may occur, respecting the deadline above. Cancelling the service, the “advertiser” 
rights to purchase new credits will be consequently interrupted. When the service is cancelled or suspended, shall not be allowed new “advertisers” inscriptions.  Our service cancellation does not modify the 
“advertiser” obligation to pay all the charges relative to his account.  In case of any cancellation of ours without reason, the “advertiser” will be refund of his effected payment relating to credits acquisition, preceding 
the cancellation, in a pro-rata basis.

Termination; 

The “advertiser” understands and agrees that musical catalogue 4z, on its exclusive discretion, may terminate his password, or part of his account or use of the Service, including, but not limited to, lack of use or if 
4z services suspect that the “advertiser” is violating or acting in a contrary manner to the letter and spirit of the Terms of Service. The “advertiser” agrees that the termination of his access to the Service, for any reason 
contained in the Terms of Service, can occur without previous notification and acknowledge and agrees that 4z services can disable or delete his account and all information and data in his account and/or block the 
access to such files or the Service.

Indemnity payments;

The “advertiser” agrees to indemnify and exempt the musical catalogue 4z, directors, employees, partners and advertisers who produce their brands and/or artistic work with musical catalogue 4z, for any losses or 
damages that may be required, including court costs and attorneys payments due to the Content submitted by the “advertiser” and/or purchased or available in the Service, the use of the Service by the “advertiser”, 
the connection to the Service, the violation of the Terms of Service or the violation of any Law.

Payments; 

By joining the plan to access the advertiser informs the method of payment. The method of payment must be previously approved.  Under your authorization we charge you the use of service and by some other means 
of service by which you choose to sign up or use for the duration of this contract, through your chosen method of payment. You must pay the fees for the service in advance. Small differences may exist between the 
amount compared to what approved, when the difference is consistent, we inform you the value and time for cashing at least 10 days in advance of expiration. Moreover, the fee may be charged in accordance with 
the approved and, any difference will be notified by us in advance. In case of your not accusing the contract, we are in right to renew it automatically and charge the renewal terms.  You must keep up to date all 
information of your account. The advertiser can access his account in his virtual office, supplied after payment confirmation, in which the advertiser can effect changes regarding his account. The advertiser can change
the method of payment at any time. If the advertiser requests the blocking of his account, we may then cancel the service. However the notification will not alter the payments already made or its balance.
The distribution fees are described in clause 11 of the contract.

Prices and price increase;

The service price excludes taxes and phone tariffs, unless contrarilly defined. The ‘advertiser’ assume all taxes he is obliged to pay or claimed, as well as to the payments of other costs (for example, the phone account). 
The delay of discharge the exchange is based upon your contract with provider´s method of payment. We can change the price periodically, for this occurrence, the “advertiser” will be notified.  In case of any spcefic 
time and price for the service, then the price remain valid within this period. At the end of this period, the service will be charged with an actual value.  For any modifications of ours to the service for a periodic basis 
(ex. Monthly) without any ending of time, you will be informed in day for any price modification. This date shall be not shorter than 30 days after you have been notified of the change in price. If you do not agree with 
these changes, you must cancel and stop using the service before the amendments are in force. If you cancel your service, it will be terminated at the end of the current period of this time, or if the charge is held 
regularly, it will be cancelled at the end of the period that you asked for.

Refund policy;

Unless otherwise established by law or in relation to any specific provision of service, all fees are non-refundable, eventually occurring this case, the costs for any refund will always paid by the “advertiser”.  Any 
payment due to the “advertiser”, related to the service or by credit residue, will be conditioned to the fact that the “advertiser” promptly provide the necessary information to remit such payment (for example, details 
of the bank account to receive the same). We will do all reasonable efforts to inform what informations needed in advance to the use of applicable service.  However if any lack of our, the ‘advertiser’ must provide 
the requested information before access the right to income the residue of his credits and payments. The “advertiser” is the responsible for the accuracy of the provided information and for all result charges to be 
refunded.  Moreover, he must be able to some other conditions to be entitled to receive the residue.  If accidentally you receive an undue payment to you, we demand to reverse this payment, so the “advertiser” 
will cooperate with our efforts to clear such situation. 
The “advertiser” agrees that the minimum amount to refund the residue of his credits will be from BRL 5.00 (five reais). This amount will be deposited on account informed by the “advertiser”.

Credits; 

The “advertiser” expressly agrees that the musical catalogue 4z set that the currency circulating in its eletronic site is named “credits”.
The musical catalogue 4z reserves the right to change from time to time the credit value, being its users and advertisers notified through eletronic address:

http://www.4z.com.br/En/Loja_mp3.aspx

All our “users” and “advertisers” understand and agree that will be informed about eventuals adjustment for credit value through e-mail, but, in case of no e-mail reception, this notification should be checked 
periodically at the above address or in their login board.
The “advertiser” understands and agrees that all his payments are exchanged into “credits” in accordance to “credits” values defined by 4z.

Restrictions for specific use (transmission of material purchased / by any means existing or that to be invented); 

Recognising the global extension of the Internet, the “advertiser” agrees to comply with any other local law ruling the ‘advertiser’ behaviour in the network and the contents in the musical catalogue 4z.  More the less, 
the ‘advertiser’ agrees to comply with any laws related to transmission of technical datas from Brazil or ‘advertiser’ residential country or any where internet access.  The ‘advertiser’ agrees to comply to any 
copyright legislation and brazilian similar laws, from his residential country or from any where internet access. As provided in section Respects to copyrights above and in copyright terms also provided in the musical 
catalogue 4z.

Connections (\'links\');

All our advertisers as well musicians, tradings, professionals should provide \'links\' to other sites of the World Wide Web or other resources.  As the musical catalogue 4z has no control over such sites or external 
resources, the “advertiser” acknowledges and agrees that 4z ltda services is not responsible for their availability of the same and does not endorse or keep responsibility for any content, advertising, products, services 
or other materials contained and/or  available by such sites or resources.  The “advertiser” expressly acknowledges that the 4z ltda services is not responsible, directly or indirectly, for any loss and damage that are 
effective or allegedly caused by or in connection to the confidence entrusted in such content, goods or services available on or through such sites or resources.
The advertiser endorses the “links” and/or information provided in his pages. 

I – the musical catalogue 4z may contain, eventually, access links to partners and/or affiliated sites.  If user enter in another site, the legal relationship resulting therefrom does not include the musical catalogue 4z, 
involving only the advertiser and the accessed site. 

Intellectual property rights of music catalogue 4z and others;

The “advertiser” acknowledges and agrees that the Service as well any other necessary software used in connection with the Service (\'Software\') contain confidential information in accordance to the Intellectual 
Property Program of Computer law and equal rules.
The “advertiser” acknowledges and agrees that all the Contents contained by our advertisers and all information provided to the “advertiser” through the Service are protected by copyrights, trademarks, patents and 
intellectual property rights and whatever legislation. Except as expressly authorized by 4z or by our advertisers, the “advertiser” agrees not to modify, rent, sell, distribute or create derivative works beyond of the 
offered by the Service or the Software, by all or in parts. 
The 4z services offered to the ‘advertiser’ a personnel license not transferable and non exclusive to use the offered content on a single personnel computer. The license now acquired does not permit the “advertiser”, 
to allow thirds copies, modify, create derivative works to sale, consig, sub permits, concede a guarantee or transfer any right related to the Content.  It is not allowed to the ‘advertiser’ or to thirds reverse engineering 
or disassembly the Software or any act to find out its code.  The ‘advertiser’ also will not modify the files and software in any manner or use modified versions of the Software including, without limitation, for the 
purpose of obtaining unauthorized access to the Service. The “advertiser” also will not access the Service by any means wich are not the interface provided by musical catalogue 4z to access the Service.

I- The “advertiser” inform to be aware of the provisions of section Advertiser conduct and section Respects to copyrights therefore will be inquired for any claims by thirds.

Limited Warranty;

The advertiser expressly agrees and acknowledges that:

A. The Service is used under the full risk of the advertiser. The Service is provided to the advertiser the way is available. The musical catalogue 4z, due to restrictions above mentioned to the ‘advertiser’, doesn´t 
guarantees others beyond the established in terms of service. The musical catalogue 4z has the right to not provide assistance or technical support to “advertiser” of the service and software.

B. The musical catalogue 4z does not guarantee that:

(I) certain available works will answer the ‘advertiser’ needs;
(II) that the Service will be provided on a continuous, suitable, secure or free from errors; 
(III) that the result obtained by the use of the Service will be accurate or reliable; 
(IV) that the quality of files acquired by the advertiser through the Service will serve to his expectations;
(V) that any errors will be corrected.
(VI) that the authorized copy by law as established in section Respects to copyrights, satisfy the ‘advertiser’ quality expectation.

Liability limits;

The “advertiser” expressly agrees and acknowledges that 4z services will not have any liability, contracted or not, any patrimonial or moral damages, including without any limitation, damages to loss of earnings, 
loss of commercial fund or other information or intangible losses resulting from:

(I) use or inability to use the Service;
(II) costs of acquisition of goods or services to access the World Wide Web;
(III) access to links and/or other resources informed by advertisers of the musical catalogue 4z;
(IV) unauthorized access to transmissions or “advertiser” information as well as amendments of these;
(V) instructions or conducts by thirds upon the Service;
(VI) for reasons of force majeure or foreseeable circumstances and practiced acts by the “advertiser”.

Exclusions and limits;

Some jurisdictions doesn’t permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental damages or consequences. Thus, the limitations established in sections Limited Warranty 
and Liability limits above may not apply to the “advertiser” who does not resides in Brazil.

Trademark information;

All brands used in 4z services electronic site are protected by copyrights and being them property of 4z or its advertisers.

General Provisions;

The Terms of Service constitute the entire agreement between the “advertiser” and musical catalogue 4z and govern the use of the Service by the “advertiser”, substitute any previous agreement between the 
“advertiser” and 4z. 
The “advertiser” also shall be subject to additional terms and conditions when using the service of the site 4z ltd, sited in Brazil or from affiliated sites in other countries or when accessing the content or third part 
software.  
Brazil federative republic laws will prevail over the Terms of Service and the relationship between the “advertiser” and 4z without regard to any providence for conflict of laws.   
The “advertiser” and musical catalogue 4z agree to submit to the one and exclusive jurisdiction of the courts located in Brazil.   To any impediment to the terms of service, 4z will not be appointed as a waiver of such 
rights or provision and never admit novation.  If any provision of the Terms of Service is held invalid by a competent court, as provided in section Interpreting the contract, clause 24, the parties nevertheless agree that 
the following Terms of Service shall be interpreted in such a way to respect the original accorded by the parties, and any other devices of the Terms of Service remain in full force and effect. 
The “advertiser” agrees that in despite of any other provision or other opposite law, all claim or reclaim consequent or related to the use of the Service or the Terms of Service must be filed within 1 (one) year after 
the claim or the demand.   All and any third part who wish to access “advertiser” information from the musical catalogue 4z located under the www.4z.com.br address, or in any other country in which it is established, 
should get a court order from a competent Judge in Brazil or seek at Brazilian jurisdiction the legal means.  
Such titles and expressions never modify the nature of the Terms of Service.  The “advertiser” understands and expressly authorizes that the 4z services can use resources, such as, but not limited to, cookies, in order 
to provide better and/or more personalized service.  The “advertiser” has the right to access and mofify personal information.   The “advertiser” will obtain such access by electronic way.
The ethical and moral values of advertisers profiles are sustained by a combination of people and automatic systems of abuse detection.  Established values violations can now be reported through “denounce” link 
on profiles. 

Violations; 

Please report us any violation of the terms of service to 4z customer service through e-mail:

viol@4z.com.br

Attribuition;

4z can assign this contract, entirely or in part, at any time, with or without notice. The “advertiser” never assigns this contract, or any part thereof, to a third part. Any attempt to do so is void. The “advertiser” never 
transfer to any other person, temporarily or permanently, any right to use the service or any part of it.

Deadline for claims;  

Any claim relating to this contract or to the service is submitted to a delay limit of one year. The period of one year starts from the date in which the claim is demanded for the first time. Exceeding this delay claims 
are permanently barred. This applies to the advertiser and its successors. It also applies to us and our successors and assigns.

Granting of license;

After registration and payment confirmation we will grant, for each registration acquired, the right not-exclusive, not transferable and not assignable for the use of service during the act of contract.

Duration of the license;

The “stated period of use” refers to the paid registration starts in the date of payment confirmation and finishes in the corresponding date to the number of contracted months (for example, 6 or 12 months). 
You must renew the “contract” to keep on using the service.

Forum; 

To clear any disputes and controversies came to the terms of service, the parties elect the district court of Rio de Janeiro, in the state of Rio de Janeiro, Brazil. 
Being them fair and contracted, sign this contract by electronicall mean available at the following address:

http://www.4z.com.br/En/plano_4z.aspx

Contact;

For eventual notices concerning the service and/or accuses, please contact:

Legal Consulting
Rua Paulo Silva Araújo, 198
20735-230 
Rio de Janeiro - RJ
Brasil

I accept

Contract terms and conditions:

Musicians and composers contract

IDENTIFICATION

CONTRACTOR  individual or juridical identified into 4z musical catalogue, now named, 'contractor', 'advertiser', 'client' to all rights subjected to the clauses and 
conditions below. 

HIRED 4z Serviços ltda, located in Rio de Janeiro, rua Paulo Silva Araújo, 198, Todos os Santos, CEP. 20735-230, state Rio de Janeiro, Brasil, c.n.p.j 
nº. 05.557.635/0001-08, municipal registration 335-388-5, represented by its director Cláudio Zimmer Martins, Brazilian, married, resident in Rio de Janeiro, state Rio 
de Janeiro, Brasil.

The declared parties above recognize to have signed a fair and accurate contract of promotion, publishing and sales, governed by the following terms and conditions 
described in this present.

THE CONTRACT INTENT

Clause 1 – The object of this contract is to publish, to promote and to sell in special pages, located in the HIRED electronic site published in the international network 
of computers named internet, the CONTRACTOR´S art work turning available to download, the recorded musics (phonograms) and scores.
 
I- It is clear that exclusive pages are an ensemble of organized pages in a standart structure of this access plan.

II- We understand that the artwork term is an ensemble of images, texts, scores and phonograms provided by the CONTRACTOR.

Clause 2 - The music sales, phonograms and scores, will be through digital way.

I- Check the attached plan description for more detailed information about trading control procedure.

Clause 3 - The CONTRACTOR is responsible to register the phonogram and the acquirement of the legal seal and costs reimbursement due to federal revenue bureau.

I- Decree 2.894/98 – to advertisers residents in Brazil.

DUTIES AND RESPONSIBILITIES

Clause 4 - The CONTRACTOR assumes a formal authorization to the HIRED to use his work as provided by Article 29 of Brazilian Law 9610/98.

I- The CONTRACTOR authorizes a snippet execution of his work which will be provided by the CONTRACTOR in mp3 digital format, until 30 (thirty) seconds.

II- The CONTRACTOR authorizes the execution of 1 (one) selected music as a demonstration object of his career. The execution will be by HIRED electronic site 
mp3 player and its physical catalogue. 

III- The CONTRACTOR recognizes and agrees to assign his copyrights in this term, to the HIRED, for exhibition of his images and other produced materials.  If it is 
not of your interest to assign the copyrights to the HIRED, in relation of  image and other produced materials exhibition,  the CONTRACTOR must not accept this 
contract.

Clause 5 - It is the duty of CONTRACTOR to provide all necessary material, images and/or photos, texts, musics already converted and/or edited to its specific 
digital formats.  Phonograms into mp3 and scores into *.finale or *.pdf.

I– It is clearly understood that the HIRED does not transcript, edit and/or convert the CONTRACTOR´S phonograms or scores into its digital format, classified in 
this act as mp3, finale or pdf files. 

II- It is worth mentioning that the Hired as musical catalogue 4z administrator, reserves the deposited right to not be charged for any royalties costs in relation to 
displaying of image, intellectual property, or related right, considering that all posted material in musical catalogue 4z is released for public execution, publication 
and/or exhibition by author´s licensee and/or Creative Commons licenses.

III- In case of judicial actions against the HIRED due to acts commited by the CONTRACTOR, thereby the HIRED exercising his right of return charges the 
CONTRACTOR to recover all judicial costs spent by the HIRED.

IV- The HIRED is not liable for any technical problems that cause the loss of information and files placed on its electronic site.

Single paragraph - all content of images, photos, videos, drawings, logos, titles, pseudonyms, names, texts, phonograms and scores displayed in CONTRACTOR´S 
pages are of his own responsibility, responding for any recovery and claims by third parties.  In this act the CONTRACTOR assume the authorship, possession 
and/or responds to copyrights, being the one responsible for the collection due to the associations of copyright owners and to whom it concerns.  

Clause 6 - It is clearly understood with the parties that there is NOT between the HIRED and the CONTRACTOR any sort of employment rights in Brazil and/or 
abroad.

Clause 7 - The HIRED does not obliged the CONTRACTOR´S copy of documents.

I- The no requirement of documents copies from the CONTRACTOR to the HIRED is based on the habits and customs, being clearly understood that the provided 
information by the CONTRACTOR is on his own responsibility and the only liable for any effected claim by a third party. 

II- The provision of false information or using third party information represents a statement crime in Brazilian penal code.  If any damage or injury to third parties or 
to musical catalogue 4z arise due to CONTRACTOR  illegal conduct, he will be compelled to answer for losses, damages and be subject to all penalties imposed by 
law.  In this case the HIRED reserves the right to cancel the service provided to the CONTRACTOR, when the HIRED has knowledge of falsity or bad faith 
employed by CONTRACTOR, avoiding his return to the service provided by the HIRED.

THE SALES

Clause 8 - The artwork commerce is through digital download. The CONTRACTOR provides a digital matrix which will be sold to registered users of the HIRED 
electronic site.

I- Shop - Users are able to effect more than 1 (one) download of the same music, being clear that every download will be paid. 

II – Club - Users are able to effect more than 1 (one) download of the same music.

Clause 9 – The CONTRACTOR may withdraw definitively from the HIRED electronic site his work, at any time, having the HIRED a period until 72 (seventy two) 
hours to effect, free from extra charges.

Clause 10 - The delay for the CONTRACTOR sales will remain while this contract is signed.

Clause 11 - The CONTRACTOR stipulate the amount to be charged for sales of his musics. The HIRED includes a fee of 4,3% (four point three percent) over each 
effected download.

I – The HIRED, will reduce over each club signature the following rates:

- service fee BRL 2.00 (two reais);
- administrative fee 4.3% (four point three) per cent;
- all other fees (taxes and banking fees).

The remaining value of the subscription will be divided among all club participants who obtain the minimum requirement, as described at clause 13.

RIGHTS 

Clause 12 – the CONTRACTOR page is published in the HIRED electronic site, while this contract is signed, 24 (twenty-four) hours day, except cases of 
maintenance and/or those described in clauses 16, 17 and 19.

I- Occurring maintenance the CONTRACTOR will be notified at least 15 (fifteen) days in advance.  Being, the CONTRACTOR, informed about the beginning and the 
end of the maintenance period.

Clause 13 - The CONTRACTOR is the one who request his sales amounts and club amounts.

I- Shop - The sales amounts can be recovered once a month. The credited amount will be deposited in a bank account informed by the CONTRACTOR.

II – Club – The receivable amounts can be recovered once each 45 (forty five) days.  The credited amount will be deposited in a Paypal account informed by the 
CONTRACTOR.  This deposit only happens to advertisers that get at least 1 download per month. 

Clause 14 - The CONTRACTOR´S pages obey to the access plan standart structure. The 4z+! access plan has the following structure:

- Presentation page;
- MP3;
- Printed;
- Mp3 club;
- Sheet music club;
- Photos;
- Agenda;
- Discography;
- Contact;
- Virtual office.

I- Attached to this contract follow the detailed description of the terms of service and access plan conditions.

Clause 15 - The CONTRACTOR may cancel this contract at any time, free from extra charges.  Clear and understood that the amounts already paid by the 
CONTRACTOR are not refundable.

I- Eventual contract cancellation by the CONTRACTOR, has the HIRED a stated period until 72 (seventy two) hours to effect it, free from extra charges.

Clause 16 - The HIRED has the right to lock or withdraw the CONTRACTOR pages out of his electronicall site due to lack of payment.  The HIRED collect to 
himself, all payment due to the CONTRACTOR for the sales of phonograms and/or scores, to refund operational costs.

I– It's clearly understood that operational costs are those required for page maintenance as well as the sales fees charged.

DISPLAY OF INAPPROPRIATE MATERIAL

Clause 17 - The HIRED not allow exhibition of offensive material in its electronic site. Being clearly understood that inappropriate material is:

a) Any kind of pornographic image and/or nudity;
b) Any type of image, scene (s) or incentive (s) to violence; 
c) To violate the rights of children and adolescents and/or encouraging paedophile; 
d) Harmful text(s) to others, being offensive to the honour,  offend third parties privacy, threatening, vulgar, obscene, prejudiced, racist or in any way objectionable; 
e) Send any message and/or files that contains viruses;

ADMINISTRATION OF THE ELECTRONIC SITE

Clause 18 - The administration is the electronic site maintenance and CONTRACTOR content publication. The statistics of visitors, access and layout modifications.  
The site administration is exclusive use of the HIRED.

I- The HIRED may suggest to the CONTRACTOR, if he requests, the best plan fits his needs.

Clause 19 - The HIRED is responsible for the maintenance and publication of electronic site and will strain all efforts to assure the best possible service running.   
However, some problems foreign to the will of the HIRED may disable the transmission and/or publication, such as:

- judicial determination order, state of site, drop of local, national and/or international energy, fall of transmission towers, interruption of the internet service national or 
international, fire, natural disasters, wars, riots and technical problems of provider's responsibility.  

Musical catalogue site come back to exhibition as soon as normal technical conditions returns.

Clause 20 - The CONTRACTOR acknowledges and agrees that the HIRED can preserve the CONTRACTOR information, but can also allow access to such 
information under the law determination or, in good faith, believing that, the preservation or disclose is necessary:

(a) To protect the rights, property and/or interests of musical catalogue 4z and/or all public;
(b) To respond complaints of thirds rights violations;
(c) To enforce the Terms of Service;
(d) To comply the law or respond to legal petitions or legal proceedings. 
 
I- We use the technology or other means to protect our users and thirds rights thereby avoiding any violation to this contract.

THE PRICE

Clause 21 - The CONTRACTOR agrees that the 4z+! total access plan value is: 

- For 6 (six) months term; BRL 40.70 (forty reais and seventy cents);
- For 1 (one) year term; BRL 81.41 (eighty one reais and forty one cents);

COMMUNICATION OF WARNINGS

Clause 22 – The HIRED assume the commitment to send any information concerning the service and reserve the right to provide specific additional information. Some 
other information relative to the service should be sent to you under Law. We retain too the right to send them via e-mail. We will provide you the necessary 
information:

- Via e-mail at the specified address on time of registration;
- Through an access link in the site of musical catalogue 4z, designated in a notice by e-mail sent to you when such information is available;

The notices provided to you by e-mail are considered received on the expedition date and the transmission of the e-mail in question. 

Clause 23 - You have the right to withdraw such consent. If you do not agree to receive notices in electronic form, you should provide us an address of contact.

I- It is clear and understood that all expenses relating to correspondences will be charged to the CONTRACTOR access plan value.

II- Your notice should be addressed to us as indicated in paragraph contact in terms of service and access plan conditions.  

THE INTERPRETATION OF CONTRACT

Clause 24 – Occurring the amendment of the contract, the CONTRACTOR shall be notified at least thirty (30) days in advance, before such changes become current. 
If the CONTRACTOR does not agree with these changes, the CONTRACTOR must stop and cancel the service before the amendments are in force. If the 
CONTRACTOR does not stop using the service, then the use implies that is clear that the service will be continued in accordance to the amended.

Clause 25 - All sections of the terms of service apply to attain the maximum allowed by Law.  One court may decide that we can not impose a part of this contract as 
wrote. In this case, we will adapt the questioned part by closer terms to reach the intention that we can not impose. The following terms of this contract shall not be 
modified. This is the faithful agreement between the CONTRACTOR and the HIRED in relation to the use of the service.
It replaces any previous contract or any statement regarding the use of the service. The titles of the contract does not limit the appliance of other equivalent terms.

THE FORUM

Clause 26 – To clear any disputes and controversies came to the contract; the parties elect the district court of Rio de Janeiro, in the state of Rio de Janeiro, Brazil. 

This agreement is governed by Brazilian laws and meet the Brazilian legal system, the general principles of law and international standards rules for electronic commerce.

For being so fair and contracted, although signed by electronic means, the contract has legal validity and effectiveness, according to civil law in Brazil (articles 422 and 
425 of civil code, law nº 10.406/2002).  

The HIRED recognizes that laws vary from country to country and often from state to state.  In case of no knowledge of laws in your residential country or state, 
please do not use the service provided by the HIRED.

Rio de janeiro, June 02, 2009.

Claudio Zimmer Martins

I accept

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