In order to work with FLAT.AUDIO you have to carefully read and agree to the terms and conditions of this End User License Agreement.
In compliance with the Article 435 and Point 2 of the Article 437 of the Civil Code of Russian Federation, this End User License Agreement (hereafter referred to as “the Agreement”), being a public offer, is concluded between:
- Ploskosti zvuka Limited Liability Company (hereinafter referred to as the Company), a legal entity incorporated under the laws of the Russian Federation, developer and administrator of Internet resource FLAT.AUDIO, available under domain name FLAT.AUDIO (hereafter referred to as “the Website” or flat.audio”) on the one part; and
- The Website visitor – private person who has reached the age of 14 (fourteen) years (hereafter referred to as “the User”) on the other part have hereby agreed as follows:
- Website – Internet resource «FLAT.AUDIO», available under domain name flat.audio.
- Acceptance – acceptance of all and any terms and conditions hereof by undergoing a Registration procedure on the Website, after which the present Agreement becomes of binding legal effect, as if it was signed in writing (civil legal agreement of the mixed type containing provisions on granting the intellectual rights in relation to compositions, performances and phonograms of the User).
- Registration – successful filling of registration form by the User, allowing creation of account of the Website.
- Account – set of the User data including information provided by the User and the Service internal User information. One registered User may have one account.
- Messages and Materials (Messages, Materials individually) mean information statements of the User as to the Site’s subjects, musical works, performances and phonograms, photographic and other materials of the User, permitted for posting on the Site and available for unlimited number of the Site’s visitors.
- Spam means Messages and Materials, which contradict the applicable laws of the Russian Federation and/or legal interests of the Company and/or legal interests of third parties, including promotional Messages and Materials to be distributed without approval of the Company.
- Flood means Messages and Materials, which are not attributable to the subjects of the Site’s sections, where the User posted, as well as substanceless or senseless, obscene posts or posts aimed exclusively at boosting rating of the user.
- Service(s) – aggregate of technical and technological capacities of the Website provided by Website Company to the User after Acceptance hereof, including access to the wide range of online service (such as means of navigation, communication, personalization, etc.).
- Software – software for electronic computing machine and database supporting the Website operation and ensuring storage of all related information, including all audiovisual images generated by such programmes.
- Exclusive materials – materials created by the User and published exclusively on the Website.
Scope of Agreement
- In compliance herewith, the Company provides Services to the user, while the User accepts it for temporary use during within the effective term of Agreement (Section 9).
- The User does hereby agree that the Website and the Services are the complex results of intellectual (creative) activity and accept the Service based on the “as it is” principle. The User is entitled to abandon the use of the Website and the Services at any time at its own discretion.
- The terms and conditions hereof regulating the procedure of posting Messages and Materials and using the Services shall be obligatory for User since the moment of Registration.
- The administration is entitled to restrict provision of any Service opportunities to unregistered Website visitors.
- The User does hereby agree and accept that by uploading musical compositions, phonograms and performances (Materials) to the Website (User implicative actions), it grants Company the authorization (non-exclusive use rights) to perform the following actions in relation to Materials:
- To publish and post Materials online on the Website; herewith posting Materials online implies opportunity of their playback in digital (electronic) format through generally available data communication networks for general public all over the world (playback and publication);
- To spread Materials through communication channels, including Internet and excluding wireless and cable radio and TV broadcasting;
- To process the Materials into compressed digital format and technical editing of digitalized materials;
- To publish the Materials for general public access by placing them online of the FLAT.AUDIO server or in any other way allowing communication in digital format;
- To publish the contact details (except e-mail addresses) entered by FLAT.AUDIO User at the registration; to provide them to the interested parties, including producers and record companies (including e-mail address).
The User reserves the right of author control over usage of its Materials and Messages on FLAT.AUDIO by managing the third party access rights as it deems appropriate through the Service provided.
Rights and Obligations of Company
- The Company is entitled to improve and develop the Service through extending its opportunities.
- The Company is entitled to notify the User of new Service opportunities via e-mail address entered by the User at registration.
- The Company is entitled to modify the Website in any way at its sole discretion without securing approval of User, including, but not limited to: to change the Website design, to change the terms of Service provision, to add new Services, to terminate provision of Services and to restrict access to Website in course of abovementioned works performance by Company. In course of Website and/or Service continued downtime (more than 24 hours), the Company shall provide all reasonable efforts to notify the User hereof, where possible.
- The Company is entitled to promote and popularize the Website and the Service; to place promotional materials on any page of the Website, including, but not limited to: contextually targeted advertising, banners, video and interactive promotional clips within the Service.
- The Company is entitled to temporary deny the Registration of User, temporary suspend operation of User’s account or delete it without warning and explanation of reasons.
- The Company is entitled to deny posting the Messages and Materials by User without notice and indication of reasons.
- The Company reserves the right to modify terms and condition hereof on a unilateral basis without prior notification of User, by posting updated text of Agreement on the Website online page at the address https://flat.audio/agreement.
- The Company is entitled to apply enforcement actions provided by the present Agreement to the User violating the terms and conditions hereof and to demand imposition of liability sanctions provided by legislation of Russian Federation upon such User.
- Company implements the measures aimed at protection of User personal data entered at Registration within the scope of its control in compliance with Data Protection Policy. Company is entitled to record, to store, to process and to use in other ways the provided personal data and shall not disclose it to the third parties without corresponding instruction of public authority, decision of court of other legitimate reason.
- The Company is entitled to perform control and supervision of Messages and Materials content, including alteration or editing of Messages and Materials at its own discretion (such as removal of offensive terms, correction of grammar mistakes, etc., which shall be marked correspondingly) without securing approval of the User, ad to delete Messages and Materials without warning at any time. The User does hereby agree, that Company is not obliged to identify User, including by posting its name, contact details and/or photographs.
- The Parties do hereby agree that the Website and the Services are the complex intellectual products, and Messages and Materials posted constitute a part of these products.
- The Company is entitled to use the Materials provided (uploaded by the User) in compliance with rights granted by the User (Point 2.6 hereof).
- The Company is entitled to delete the Messages and Materials of the User in case if his/her Account is not active within one year, and block or delete the Account. The Company shall be also entitled to delete Accounts, if they are opened by the same User.
Rights and obligations of User
- The User does hereby declare that he/she has reached the age of 14 (fourteen) years.
- The User is entitled to use the Website and the Service in compliance herewith.
- After undergoing Registration procedure, the User is entitled to post on the Website Messages and Materials, whose content is fully compliant with legislation of Russian Federation, and also:
- Is not of abusive, offensive, vulgar, harmful, violent, defamatory, deliberately false or pornographic nature;
- Is not aimed and able to cause dignitary harm and damage reputation of other persons or entities (i. d. does not contain unreasonable judgments regarding third parties, unverified facts and mentioning of third parties that may negatively affect demand for their services);
- Does not incite religious, racial, ethnical, international discord;
- Does not contain violent elements;
- Does not contain unauthorized borrowings, plagiarism, violation of name and brand rights, violation of other rights for intellectual activity results and individualization means of Company and third parties provided by law (copyright, related right, patent rights know-how rights, trademark rights, etc.), and does not copy other materials placed on the website by persons other than the User;
- Does not violate the right of minors;
- Does not contain information covered by commercial, official, medical, bank or other secrecy and other information, access to which is restricted in compliance with legislation of Russian Federation;
- Does not contain software viruses or other computer codes, programmes and files designed for interruption of operation of any technical means (computer, telecommunication equipment, etc.);
- Does not contain advertisement if it is not agreed with Company;
- Does not contain Spam and Flood;
- Does not contain Messages and Materials of competitors or information on such persons or entities, their services and goods;
- Does not result in violations of taxes and charges laws, advertisement laws or other regulations (account of the User cannot be used for commercial purposes);
- Does not contain agitation (in the form of any applications, mailout, comments etc., addressed to certain users or general public), aimed at receipt by User of the funds, discounts, premiums, crypto currency, any other payment units, other commercial benefit.
- The User bear full personal responsibility for content of Messages and Materials and their compliance with Russian and international law.
- The User is not entitled to copy and borrow Messages and Materials from other Internet resources, mass media and other sources of information in bad faith (without authorization of rightholder).
- The User does hereby declare that he/sheа is the author and the sole lawful holder of exclusive right of use to Messages and Materials posted by the User on the Website and no other parties may make claim towards Company regarding usage of Messages and Materials on the Website. Usage of compositions owned by other persons as a quote is allowed only in compliance with Civil Code of Russian Federation in strictly limited cases and volume with mandatory indication of quote source, or with the consent of Company.
- The User shall be obliged to ensure confidentiality and safety of its Account and not to provide other persons with login and password to log in to the Website. The User bear full personal responsibility for all actions performed using its Account. User shall not take any attempts to mislead the Company, and shall not create Accounts more than one (under the same or different nicknames), change nicknames often etc.
- The User is entitled to address Company with feedbacks, offers, questions and complaints regarding the Website operation and in other cases, where the operative communication with Company specialist or Website Software developer is necessary, according to the procedure provided by Section 8 hereof.
- The User shall be obliged to immediately notify Company according to the procedure provided by Section 8 hereof, in case if:
- Actions of other registered user appear to violated the terms and conditions hereof;
- Copying or usage of Website informational content, including specific Messages and Materials, on the other Internet resources is discovered;
- The errors in Website operation are detected, personal data of other person are received or information is improperly displayed.
- The User is entitled to make offers for commercial use of Materials created and rights to them using the Service; herewith the User shall guaranty that the usage of Material may not result in any negative consequences and/or cause ally costs for Company. Information on opportunity of such commercial use cannot be considered as an offer, and is aimed only to notify the scope of people determined by the User.
- The User does hereby declare that uploaded Exclusive Materials have not been previously published on other websites and resources in the Internet and will not be further published anywhere other than Website.
- Creation and Use of the Communities
- The User is entitled to create public pages and meetings (the Communities) for the purposes of informing other Users of any events, arrangements, both commercial and non-commercial (for example, charitable), its creation and operation, other Materials, in which the Users are interested (Discussion Subjects),and/or its possible negotiation with other User (including by exchange of opinions, feedbacks etc.). When informing and discussing the Discussion Subjects in the Communities, the Users shall comply with applicable Russian and international laws, and post only that information, which corresponds to this User Agreement, and recognized ethical and norms and moral principles, including attributable to those provisions in opinion of the Company.
- When creating and administering the Community, including registration of a subdomain name, used for forwarding to the Community’s page, the User acknowledges that he/she acts on legal grounds (for example, under power of attorney), has any required rights and does not violate legal rights and interests of third parties and applicable laws of the Russian Federation by his/her actions, including competition laws and intellectual property and individualization means laws.
Limitation of Liability
- By starting to use the Website and the Service, the User does realize the there may be interruptions and failures in their operation, and accept that Company and Software developers do not bear financial liability for any consequences of Website and Service operation, for performance of any User’s technical means at their using and for compliance of Website and Service with User’s goals.
- Company does not bear liability related with any corruption, alteration or illusion of Messages and Materials display on Website, even if it has caused negative judgment towards the User.
- The User does hereby accept that while Company supports the Website and Service function, it is not responsible for its uninterrupted operation, possible loss of Messages and Materials and any other inconveniences and losses in course of using the Website.
- The Company is not liable for non-fulfillment or improper fulfillment of its obligations due to the failures in operation of telecommunication and power supply networks, effect of malicious software and unscrupulous actions of the third parties aimed to the unauthorized access and/or disablement of the Software and/or hardware complex of Company.
- The Website content is exclusively of informational nature. Company is not liable for inaccurate data. Company is not liable for possible losses that may result from using the information from the Website.
- In any case Website Company does not act the representative or agent of the User. User’s actions shall be considered as actions of specific person acting on its own behalf.
- By present Agreement the User is granted a right to use the Website, Service and Software on the terms hereof within its effective term.
- The User does hereby confirm that it shall use Software integrated in the Website only in compliance herewith and shall not commit attempts to “crack the code”, copy, emulate, create new versions, let on hire, lease out, sell, modify, decompile, disassemble or to use in any other way the Software source and object code without written consent of Company.
- The User does hereby accept the exclusive right (to the full extent) both to the indicate product and their components belongs to the Company. Herewith, by posting Messages and Materials the User authorize Company to use such Messages and Material on non-exclusive basis (grants simple non-exclusive license) in all ways provided by Part 2 of Article 1270 of Civil Code of Russia Federation (including the right to perform, authorize and prohibit their playback, distribution, hardwire communication, public performance and publication, etc., including in anonymous manner – i.e. without indication of user identification data).
- The Parties hereto are entitled to provide for other volume of rights to the musical material and agree special procedures for its usage (commercial or non-profit), including those, under which Company Accepts functions of tracking its illegal use and protection of rights to the User Messages and Materials, by means of additional agreement.
- The Company does hereby declare that it is not author or holder of exclusive rights to the Materials uploaded by the User, and the User is fully responsible for its actions aimed at usage of Materials and commercial exploitation of rights thereto.
- The spam and flood are not allowed.
- If in opinion of Company, User Messages and Materials constitute violation hereof, the Company is entitled to impose sanctions at its sole discretion, including, but not limited to:
- Making User a warning;
- Blocking User Account, including without possibility of further Registration;
- Blocking certain User Materials.
- The Company is entitled to delete or block any Messages or Materials of the User, as well as to delete or block the User Account without warning or explanation of reasons.
- For using the Website, Service or Software in a way not provided hereby and violating the rights of Company or the third parties, the User bears civil, administrative and criminal liability in compliance with legislation of Russian Federation.
Consideration of Complaints and Requests
- Questions, offers, comments, complaints and other messages of the User regarding the Website or Service operation shall be sent to the Company at the following e-mail address: firstname.lastname@example.org or via a feedback form on the Site.
- The Company is not liable for receipt by user of a response to his/her request. In case of the User’s failure to receive a response of the Company within 30 days of receipt of the request by Company, the use sends a new request at the Company’s postal address, set out in its details, by registered mail return receipt requested.
- User messages sent addressed to the Company that do not allow identification of User are not considered.
- If the User does not agree with reasoning of Company response, he/she may send to the Company follow-up message with more detailed description of situation, question or offer.
- Any User claims directly against Company and/or associated with operation of Website shall be settled under pre-judicial procedure by means of written message exchange described above.
- If the claim or dispute cannot be resolved by means of negotiation, it shall be settled according to the procedure provided by civil procedural legislation of Russian Federation, based on the RF laws, in jurisdiction covering the Company (contractual jurisdiction).
- In case of the present Agreement being translated to other languages, version in the Russian language shall govern.
Effect of Agreement
- The present Agreement is concluded for the term since Acceptance by the User till the date of User Account effective term expiration.
- Acceptance of new Agreement revision, adopted by Company according to the procedure described in Point 3.6 hereof, is mandatory for further operation of User Account.
- The User is entitled to refuse to accept new revision hereof, herewith it is obliged to delete its Account within three days at https://flat.audio/my/settings. If the Account has not been deleted, the User by actual use of the Service and Website automatically accepts the terms of new revision. After deletion of User Account, Company reserves the right to keep the User data in compliance with Data Protection Policy.
- The User is entitled to view current revision of Agreement by visiting the Website page: https://flat.audio/agreement.
Published on March 5-th, 2019