By means of PROMODJ you have a possibility to advertise your products before a wide audience of Internet users, including professional musicians, producers, labels and concert agencies.
To start working with PROMODJ you are required to read this User Agreement and accept its terms and conditions.
This User Agreement (hereinafter referred to as «Agreement»), in accordance with article 435 and subcl.2 of article 437 of the RF Civil Code, being a public Offer, is entered into by and between
1) Limited Liability Company ATEVE (hereinafter referred to as the «Company») , a legal entity incorporated under the laws of the Russian Federation and the developer and administrator of PROMODJ web resource (accessible via domain name promodj.com; hereinafter referred to as «Website» or «PROMODJ»), on the one hand, and
2) a Website visitor - an individual aged at least 14 (fourteen) years (hereinafter referred to as «User»), on the other hand, as follows:
1. Definitions of the key terms used in this Agreement:
1.1. «Acceptance» means acceptance of all, without exceptions, terms hereof by the User and such acceptance is effected by way of performing the procedure of Registration on the Website, and after such acceptance this Agreement enters into legal force as a transaction entered into in writing (civil-law agreement of combined type containing, inter alia, the terms and conditions for granting intellectual rights to the User’s products, performances and soundtracks).
1.2. «Registration» means successful completion of the registration form by the User, which makes it possible to create a user account on the Website.
1.3. «Account» means a set of User data, including the data provided by the User and the Service internal information about the User.
1.4. «Messages and Materials» («Messages», «Materials» referred to separately) mean informative statements made by the User on the Website themes, pieces of music, recorded performances and soundtracks, photographic and other User materials admissible for placement on the Website and available to an unlimited number of the Website visitors.
1.5. «Spam» means Messages and Materials that are in conflict with the applicable laws of the Russian Federation and/or legal interests of the Company and/or legal interests of third parties, inter alia, Messages and advertising Materials distributed without permission of the Company.
1.6. «Flood» means Messages and Materials, which are not relevant for the Website themes, where they were placed by the User, as well as meaningless or senseless, obscene or targeted exclusively at raise the rating of the User posts.
1.7. «Service» («Services») is a set of technical and technological features of the Website provided by the Company to the User after the Acceptance hereof, including access to a wide range of on-line services, inter alia means of navigation, communications, personification, etc.).
1.8. «Software» means programs for computer equipment, the database ensuring the Website functioning and storage of information related to it, including audiovisual images and records generated by such programs.
1.9. «Information about competitors» means Messages and the Materials containing details, references to websites, personal and contact details of the persons providing services similar to the Company’s services (Services).
2. Subject-matter of the Agreement
2.1. In accordance with this Agreement, the Company shall provide Service to the User, and the User accepts the Service for temporary use for the duration of this Agreement (section 9).
2.3. The User recognizes that the Website and the Service are complex results of intellectual (creative) activity, and accepts the Service on «as is» basis. The user may refuse to use the Website and the Service at any time at his/her own discretion.
2.4. The terms and conditions regulating the procedure for placement of Messages and Materials and the use of the Service become binding for the User starting from the moment of Registration.
2.5. The Company may not provide any functional features of the Service to non-registered visitors of the Website.
2.6. The User recognizes and agrees that by uploading pieces of music, soundtracks and recordings (Materials) available on the Website (implied acts of the User), the User authorizes the Company (non-exclusive rights of use) to perform the following acts with regard to such Materials:
2.6.1. Publication and posting of Materials on the Website, therewith provided that publication of Materials in Internet implies a possibility to reproduce them in digital (electronic) form through popular networks of data transmission for a wide range of persons worldwide (reproduction and communication to open public);
2.6.2. Distribution of Materials through telecommunication channels, inter alia, on air and cable radio and TV broadcasting;
2.6.3. Conversion of Materials into compressed digital format and perform technical editing of the digitized Materials;
2.6.4. Delivering Materials to wider public by placing them on the PROMODJ server or by other method that makes it possible to communicate a message in a digital format;
2.6.5. Publication of contact information (except for e-mail addresses) entered by PROMODJ user upon registration on PROMODJ pages; provision of such data to interested persons, and inter alia, to producer and sound recording companies (including e-mail addresses).
The user reserves the right to exercise author's control over the use of his/her Materials and Messages on PROMODJ server, by independently regulating third parties’ access to them through the Server.
3. Rights and obligations of the Company
3.1. The Company may improve the Service and expand its technical capabilities/options.
3.2. The Company may advise the User about new capabilities/options of the Service by sending messages to e-mail addresses designated by the User upon Registration.
3.3. The Company may without consent of the User modify the Website by any method at its own discretion, and inter alia, to change the design of the Website, the terms of provision of Services, to add new Services, to discontinue provision of Services and to suspend access to the Website in the course of the aforesaid operations performed by the Company. In case of suspension of access to the Website and/or the Service for prolonged period (for more than 24 hours), the Company will use its best efforts to inform the User about the event if possible.
3.4. The Company may popularize and promote the Website and the Service; it may place advertising /promotional materials on any page of the Website, including but not limited to, contextual advertising, banners, and also video and interactive advertising clips in the Service.
3.5. The Company may refuse Registration for a User, it may temporarily suspend operation of the User’s Account or remove Registration account without notice and without explanation of the reasons.
3.6. The Company reserves the right, unilaterally and without prior notification ofthe Users, to change the terms and conditions of this Agreement, placing updated text of the Agreement on the Website: http://promodj.com/info/agreement
3.7. The Company is authorized apply to in respect of the User, who violates the terms and conditions hereof, certain sanctions stipulated herein, and may claim the User be brought liability in accordance with the laws of the Russian Federation.
3.9. The Company may monitor the contents of Messages and Materials, including their modification or editing at its discretion (including deletion of foul language, correction of grammar mistakes and such corrections shall be confirmed by appropriate mark) without consent of the User, and also may delete Messages and Materials without warning at any time. The User agrees that the Company is not under an obligation to identify the User, inter alia, by way of designating the user name, contact data and/or photos.
3.10. The Parties agree that the Website and the Service are complex intellectual products, and Messages and Materials posted on it become integral parts of these products.
3.11. The Company may use Materials provided (uploaded by the User) according to the rights granted by the User (subcl.2.6 of this Agreement).
4. Rights and obligations of the User:
4.1. The User guarantees that his/her age is more than 14 (Fourteen) full years.
4.2. The User may use the Website and Service in accordance with this Agreement.
4.4. Following Registration on the Website, the User may post Messages and Materials on the Website, their content being fully compliant with the applicable laws of the Russian Federation, meaning they may not:
— be obscene, offensive, malicious, menacing, slanderous, false or pornographic;
— ibe targeted at to damaging the honor, dignity or reputation of other persons (inter alia, contain groundless judgments with regard to third parties, unverified facts, mentions of third parties that may adversely affect demand for their services, products);
— spark religious, racial, ethnic or interethnic conflicts;
— contain elements of violence;
— contain unauthorized adoptions, plagiarism, breach of the right to a name, or otherwise abuse the statutory rights to results of intellectual activity and means of individualization of the Company and those of third parties (copyright, allied, patent rights, rights to a know-how, to a trade mark, etc.), or copy other materials posted on the Website by some other person, except the User himself/herself;
— abuse the rights of minor persons;
— contain information aclassified as trade or commercial secret, office secret, medical, banking or other secrets or other data to which access is restricted under the RussianF legislation;
— contain bugs or other computer codes, programs, files intended to damage functionality of any technical facility (computers, telecommunication equipment, etc.);
— contain advertising materials unless agreed upon with the Company;
— do not contain Spam or Flood;
— contain Messages and Materials of competitors or containing information about such and their goods/services.
4.5. The User is personally liable for the contents of Messages and Materials, for their conformity to the Russian and international law.
4.6. The User may not fraudulently (without permitssion of the legal owner) copy or adopt Messages and Materials from other Internet resources, mass-media or other sources of information.
4.7. The User guarantees, that he/she is the author and the sole legal holder of the exclusive right to use Messages and Materials posted by the User on the Website, and that no other persons will make a complaint (claim) against/to the Company concerning the use of Messages and Materials on the Website. Use of products of other persons as citations shall be allowed solely in accordance with the RF Civil Code, in strictly restricted instances and a limited scope, with the obligatory reference to the author and to the source of citing, or solely if agreed upon with the Company.
4.8. The User undertakes to ensure confidentiality and safety of the Registration account, to not disclose to other persons his/her login and password to on the Website. The user is personally liable for all actions performed with the use of his/her Registration account.
4.9. The User may address the Company with wishes, suggestions, questions and claims with regard to the operation of the Website and the Service, and also in other instances when a Company officer or the software developer of the Website need to be urgently contacted, in the manner designated in section 8 of this Agreement.
4.10. The User undertakes to promptly inform the Company in the manner stipulated in Section 8 of the Agreement, in case if:
— any breaches of the terms and conditions hereof are found in the acts of the registered user;
— detection of copying and use of the Website information content, including, separate Messages and Materials published on other websites;
— discovery of errors in the website operation, receipt of other people’s personal data, incorrectly displayed information.
4.11. The User may make suggestions with regard to the realization of Materials created by the User and with regard to the right to such Materials, regulating such possibility by means of the Service, therewith, the User guarantees, that use of the Materials will not entail any adverse consequences for the Company and/or any costs for the Company. Information on such possibility for realization is not a business proposition or an offer, and solely informs a range of persons designated by the User.
5. Limitation of liability
5.1. When using the Website and the Service, the User understands, that technical errors and faults may occur in them and the User also recognizes that the authors of the Software of the Website and the Company are not liable for any consequences of the Website and the Service operation, for the operating condition of the technical the User when they are used, for fitness of the Website’s and the Service’s to the purposes of the User.
5.2. The Company assumes no liability connected with any misstatement, change, distortion in display of Messages and Materials of the User on the Website even if entailing an adverse judgment to address of the User.
5.3. The User recognizes that the Company, when ensuring the functioning of the Website and the Service, is at the same time not liable for the Service/Website trouble-free operation, for possible loss of Messages and Materials, for occurrence of any other inconveniences and losses during the use of the Website.
5.4. The Company is not liable for default or inadequate performance of its obligations resulting from malfunctions occurring in the operation of telecommunication and power supply systems, effects of malicious software, and fraudulent acts of the third parties seeking to obtain the unauthorized access and/or disrupt the operation of the Company’s Software and/or hardware complex.
5.5. The content of the Website is intended for information purposes only. The website administration shall not be liable for inaccuracy of data. The Company is not liable for possible losses that may result from the use of information obtained from the Website.
5.6. In any event the Company is not a representative of the User, nor is the User agent. The User’s actions should be recognized as acts of an individual acting in his/her own interests.
6. Intellectual property
6.1. Under this Agreement the User is granted the right to use the Website, the Service and the Software on the terms and conditions contained in this Agreement for the entire duration hereof.
6.2. The user confirms that he/she will use the Software integrated into the Website solely in accordance with this User Agreement, and will not undertake attempts «to open the code», to copy, emulate, create new versions, to let or lease, to sell, change, decompile, disassemble, or otherwise use the original text and the objective code of the Software without a written permission of the Company.
6.3. The user recognizes, that the exclusive right (in full scope), both to the aforesaid products and to their components and derivative products, belongs to the Company. Altogether, when posting Messages and Materials on the Website, the User permit the Company on a non-exclusive basis (grants a simple non-exclusive license) to use such Messages and Materials by all methods provided for in part 2 of article 1270 of the RF Civil Code (including the right to carry out, to allow and to prohibit their reproduction, distribution, transmission via cable, public performance, disclose to the open public, etc., and inter alia, on an anonymous basis - without indication of the User ID details).
6.4. The Parties hereto may sign an additional agreement for some other scope of rights to the musical material and to agree on a special procedure for its use (commercial or non-commercial), and, inter alia, under which the Company will undertake efforts in tracking of illegal use and exercising protection of rights to Messages and Materials posted by the User.
6.5. The Company declares that it is not the developer and is not the owner of the exclusive rights to the Materials uploaded by the User, and the User’s acts with regard to the use of Materials or exercise of rights to them are referred to the exclusive responsibility of the User.
7. Liability of the User
7.1. No spam or flood shall be allowed.
7.2. In the event of User Messages and Materials breaching the provisions of this Agreement of, in the opinion of the Company, the Company shall be free to apply, at its own discretion, sanctions, including but not limited to:
— a warning notice sent to the User;
— blocking of the User account, and, inter alia, without any possibility of repeated registration on the Website;
— blocking of some specific Materials posted by the User.
7.3. The Company may delete or block any Messages and Materials posted by the User and may likewise delete or block the User Account without warning or explanations of the reasons for this.
7.4. The User shall be subject to civil, administrative and criminal liability in accordance with the Russian laws for use of the Website, the Service or the Software in a manner, which is not provided for by this Agreement, breaching the Company’s rights or the rights of third parties.
8. Consideration of complaints and inquiries
8.1. User questions, suggestions, comments, complaints and other messages on issues related to the Website or the Service operation shall be forwarded to the Company to the following e-mail address: email@example.com or by completing the feedback form on the website: http://promodj.com/info/contact.
8.2. The Company is not responsible for the receipt of af response to the User’s inquiry by the latter. In the event that the User has not received a response from the Company to his/her inquiry within 30 days of the date of receipt of the inquiry by the Company, the User shall send a repeated inquiry to the Company mailing address designated below in its details section by certified mail with acknowledged receipt.
8.3. The Company shall not consider messages sent by the User to the Company if it is impossible to establish the User’s identity.
8.4. If the User does not agree to the arguments laid down by the Company in its response, the User shall be entitled to send a repeated letter to the Company with a more detailed description of the situation and/or issue and/or proposition.
8.5. Any claims of the User, if directly sent to the Company and/or connected with the Website, shall be resolved extrajudicially in accordance with the aforesaid procedure for exchange of written messages.
8.6. Where it is impossible to resolve claims or disputes through negotiations, such shall be resolved in the manner established by the civil procedural legislation of the Russian Federation, on the basis of the Russian laws and in court having jurisdiction within the Company location (place of venue).
9. Duration of the Agreement
9.1. This Agreement enters into effect starting from its Acceptance by the User to the effective date of the User Account.
9.2. Acceptance by the User of the new version of the Agreement adopted by the Company in pursuance to subcl.3.6 of the Agreement shall be obligatory for continuation of the User Account operation.
9.4. The User may examine the existing version of the Agreement by clicking on: http://promodj.com/info/agreement.
The Company principal place of business
OGRN (PRIMARY STATE REGISTRATION No.) 1096025001500 TIN 6025033344 KPP 602501001
Registered office address and mailing address: 182113, Velikiye Luki, Pskov region, 17 Shevchenko Street
Published on February 17, 2014