Dispute reporting and resolution mechanisms

MECHANISMS OF COMPLAINTS AND DISPUTE RESOLUTIONS

As DoNation Platform is not the creator of the projects disclosed in the Platform and does not perform a prior editorial control of the content of said projects, DoNation Platform is not objectively responsible for the projects disclosed in the Platform, as provided in the Terms of Use and in accordance with current legislation .

However, in order to minimize conflicts between the SUPPORTER and the PROJECT CREATOR, as well as offer a better experience to users of the Platform, DoNation Platform has created mechanisms so that its users can, if they feel injured, make accusations and seek to resolve eventual accordance with the guidelines below.

Disputes about infringement of intellectual property rights

If someone understands that a project inserted in DoNation Platform infringes any of its intellectual property rights, namely: (i) trademarks; (ii) patents; (iii) industrial model; (iv) industrial design; (v) copyrights; and (vi) software rights, may notify DoNation Platform by completing the Complaint Form made available on the project page, as well as by attaching to the Form the proof of being the holder / holder of the right violated by means of legally appropriate documents.

In the event DoNation Platform does not receive the supporting documents of the holder / holder of the intellectual property right, it will assume that there was no proof of the right allegedly infringed and that, consequently, the CREATOR OF THE PROJECT did not incur any infraction. In this sense, DoNation Platform will not cancel the Project of its Platform, except by judicial order.

In the case of receipt of the documents, DoNation Platform will have 5 (five) business days to carry out an analysis, during which time the transfer of resources from the successful Projects will be suspended.

If the ownership of the intellectual property right is proven, DoNation Platform is responsible for canceling the Project of its Platform within 7 (seven) business days .

In the case of Projects that have not yet been finalized and that, therefore, there was no transfer of funds, cancellation will occur in the period mentioned above. In this case, all support already paid will be reimbursed.

In this scenario, the CREATOR OF THE PROJECT that violated the intellectual property rights of a third party will be notified by DoNation Platform of the cancellation of its Project in the Platform, as well as what penalty will be applicable, which may be until the definitive cancellation of its registration , at the sole discretion of DoNation Platform.

On the other hand, in the case of Projects already finalized in which the transfer of resources by the DoNation Platform has already been effected, the holder / owner of the intellectual property right should directly seek the PROJECT CREATOR for possible solutions.

DoNation Platform would like to make it clear to everyone that infringement of such rights is a serious matter with serious legal consequences. Therefore, in case of doubt about any type of infraction, we recommend that you obtain legal advice. Finally, it is important to remember that there are exceptions and limitations to the rights of each one and that sending complaints with misleading content may be punishable by law.

Disputes concerning the disclosure, without the permission of its participants, of images, videos or other material containing scenes of nudity or sexual acts of a private nature

If someone becomes aware that a Project inserted in the DoNation Platform contains scenes of nudity or sexual acts of a private nature regarding you, you may notify DoNation Platform, through the Reporting Form available on the project page, as well as attaching to the form the proof to be the participant of the scene or its legal representative.

Once the Form has been filled out, the DoNation Platform will verify the validity requirements of the notification, as indicated above, and the existence of nudity scenes or sexual acts of a private character will be verified, will provide within 5 (five) days the removal of the Project, giving notifying the notifier and informing the CREATOR OF THE PROJECT responsible of the sanction applicable to it, which may be until the definitive cancellation of its registration, at the sole discretion of DoNation Platform.

Disputes concerning offenses against personality rights: libel, slander, defamation or discrimination of any kind

If you believe that any Project violates your personality rights, such as honor, image, voice, name, intimacy, or any kind of discrimination (whether on the basis of race, color, sex, religion or others), you may submit a complaint to the DoNation Platform by completing the Reporting Form posted on the project page (“Form”).

Once the Form has been completed, and if it is not a hypothesis that authorizes / justifies the immediate removal of the Project in accordance with these Terms of Use and Guidelines, the Project shall notify the Project Creator and grant the deadline of up to 5 days to that he responds to the complaint with a justification that allows the maintenance of the Project in the air, being responsible in this case, exclusively, for any losses and damages that may be demanded, completely exempting the DoNation Platform from any responsibility in this regard.

If the CREATOR of the PROJECT does not manifest itself within the term, the DoNation Platform may   remove the denounced Project, informing the Notifier and communicating the measure to the CREATOR OF THE PROJECT.

In the event that the PROJECT CREATOR recognizes the illegality of the Project, the DoNation Platform will remove the CONTENT, informing the Notifier.

In case the CREATOR of the PROJECT manifests itself supporting the lawfulness of the Project, the parties will be informed that a dispute has been established whose decision is beyond the prerogatives of the DoNation Platform, and that the removal of the CONTENT will only be effected by means of a judicial order in that sense.