This document "User Agreement" is a proposal of the Limited Liability Company "SoftInvent" (hereinafter - the "Company") to conclude an agreement on the conditions stated below.
1. General provisions
1.1. This document and arising out of or related relations of the Parties, the following terms and definitions:
Agreement — this document with all additions, changes and procedures specified in the binding instruments, as well as a contract concluded on the basis thereof.
User — capable person has acceded to this Agreement.
Site / Sites — any of the automated information systems available on the Internet network address in the following domains (including subdomains): https://yotuner.app.
Mobile application — an intended for installation and use on the Device computer program that allows users to access the Service using the communication network.
Application — computer programs and / or database, including website and mobile application intended to provide access to Service using the Device for information purposes only and named "Yo!Tuner", "Online Radio Yo!Tuner".
Device — PC, tablet, mobile phone, PDA, smart phone, other device which allows you to use Application and / or Service by their functional purpose.
Service — a set of services available users using the Application named "Yo!Tuner".
Content — images, text, audio and video, as well as other objects of copyright and (or) related rights, as well as not being such information and messages of any kind.
Radio station — resource available on the Internet at a certain network address and host broadcasting news, music, entertainment, or other audio information with the status of the media or not having any. Radio Station need to be published to the Application's directory by Radio Station Owner.
Radio station Owner — a User who has the legal right to publish a Radio station in publicly available sources such as the Application.
1.2. This Agreement may use other terms and definitions that are not specified in clause 1.1. In this case, the interpretation of the term shall be in accordance with the text of the Agreement. In the absence of a clear interpretation of the term or definition in the text of the Agreement and other documents forming the contract on the terms of the Agreement, its interpretation should be guided by defined: in the first place - the legislation of the Russian Federation, and in the future - business customs and scientific doctrine.
1.3. Using of the Application and / or provided on its basis the Service by any means and in any form within their declared purpose and functionality, including:
listen to radio stations placed in the Application;
supplying Radio station in the Application;
other use of functionality of the Application or the Service provided;
– creates a contract under the terms of this Agreement in accordance with the provisions of st. 428, 437 and 438 of the Civil Code of the Russian Federation.
1.4. This Agreement and the specified required documents defines the basic conditions for the use of Applications, as well as any of their development and / or add new features.
1.5. Prerequisite to use the Applications and the Service based on it is complete and unconditional acceptance of conditions of the following documents (in the text of the Agreement - "Required Documents"):
1.6. The Service is governed in accordance with the provisions of this Agreement.
1.7. Agreement, including related required documents, may be changed by the Company without notice. The new version of the Agreement and / or required documents shall enter into force on the date of publishing on the Site or make available to users in a convenient form, unless otherwise provided in the new version of the Agreement and / or required documents.
1.8. Using any of the above in Sec. 1.3 features you confirm that you:
а) Acquainted with the terms of this Agreement and the specified binding on the parties of documents in full before using the application and / or provided on the basis of its Service.
б) Accept all the terms of this Agreement and the required documents in full without any exceptions and limitations on your part and you agree to comply with them or stop using the Service. If you do not agree with the terms of this Agreement and the required documents or do not have the right to conclude a contract based on them, you should immediately cease all use of the Applications and the Service.
1.9. The current version of the Agreement is published at https://yotuner.app/agreement.
2. General Conditions of the Application usage
2.1. Registration and / or authorization does not required to use the Applications and the Service.
2.2. A list of the application's functionality, the use of which requires pre-registration and / or authorization, as well as the adoption, where necessary, additional documentation on the use of the Services, determined at the sole discretion of the Company and may change from time to time.
3. Restrictions on use of the Applications and the Service
By accepting this Agreement, you acknowledge and agree that:
3.1. The company has the right to set limits and restrictions to use application and based on their service for all users or for specific categories of users (depending on the location of the User, the language of the service provided, etc.), including: the presence of or absence of certain functions, the maximum storage time for the data, specific parameters for the downloadable media, etc.
Details of the restrictions will be reported to the user in the form and in the manner determined in the sole discretion of the Company.
3.2. The user uses the application at your own risk. Service is provided "as is". The Company does not assume any responsibility, including an accordance of the Applications and based on them Service to the User's expectations;
3.3. The Company does not warrant that: Applications and / or service will meet your requirements at the time of adoption of the Agreement and will meet them later; The service will be uninterrupted, timely, secure or error free; results that can be obtained using Applications will be accurate and reliable, and can be used for any purpose or in any capacity (e.g., to establish and / or confirm any facts); the quality of any products, services, information and content obtained by using the Service will meet User's expectations;
3.4. Because the application and based on their service in the process of permanent additions and updates, the form and nature of the application's functionality and provides services from time to time subject to change without prior notice. The Company may, if necessary, in its sole discretion to stop (permanently or temporarily) providing the Service (or any features within the Services) to all users at all or individual users, in particular, without notice;
3.5. The Company assumes no responsibility for any kind of loss resulting from the use application user and / or based on their Service;
3.6. The Сompany is not affiliated with the Radio stations and / or TV channels, published and broadcasted (including published by users) in the Application, and does not check content, identity and security of such Content or its components, as well as their compliance with current legislation. In case the Radio station and / or TV channels published in the Application by the User, the Company does not check whether the User has the required distribution rights and / or the use of appropriate content.
3.7. The user is solely responsible for the compliance of the published Content to the requirements of current legislation, including third-party liability in cases where such Content violates the rights and legitimate interests of third parties, including moral rights of authors, other intellectual property rights of third persons and / or infringes on the intangible benefits belonging to them.
3.8. You agree that the Company is not required to pre-moderate Content of any kind published and / or distributed by the User via the Applications, and the fact that the Company has the right (but not the obligation) in their sole discretion to refuse the Content published by the User or remove any Content that is available via the Application. User acknowledges and agrees that he should independently evaluate the risks associated with the placement and distribution of such Content, including an assessment of the reliability, completeness, or usefulness of such.
3.9. In particular when using the application, the user may not:
3.9.1. upload, send, transmit or in any other way to place and / or disseminate information that is unlawful, harmful, defamatory, offensive to the morality, shows (or a promotion) violence and brutality, violates intellectual property rights, promotes hatred and / or discrimination against people on racial, ethnic, sexual, religious, social discrimination, contains insults to any persons or organizations, contains elements (or a promotion) pornography, child erotica, constitute an advertisement (or a promotion) services of a sexual nature (including under views of other services), explains the procedure of manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons;
3.9.2. violate the rights of third parties, including minors and / or harm them in any form;
3.9.3. impersonate another person or company employee and / or community without sufficient rights, including the Company's employees, as well as use any other forms and ways of illegal representation of others on the Internet, as well as user input or misleading with respect to the Company properties and characteristics of any subjects or objects;
3.9.4. upload, send, transmit or in any way to post and / or distribute Content in the absence of rights to do so by law or any contractual relationship;
3.9.5. upload, send, transmit or in any way to post and / or distribute not allowed special advertising information, spam (including search), lists of e-mail addresses of others, the scheme "pyramids", multilevel (network) marketing (MLM), system of internet income and e-mail- businesses, "chain letters", and also use the application to participate in these activities;
3.9.6. disrupt the normal operation of the Applications;
3.9.7.post links to resources on the Internet, the content of which is contrary to the current legislation of the Russian Federation;
3.9.8. to promote actions aimed at violation of the restrictions and prohibitions imposed by the Agreement;
3.9.9. otherwise violate the rules of law, including international law.
3.10. In case of violation of the rights and / or interests in connection with the use of Applications, including improper placement of the Content other users, you should notify the Company by giving written notice detailing the circumstances of the breach and screenshots Applications containing material that would violate the relevant law and / or interests.
3.11. If there are third-party claims in respect of breach of any of the property and / or moral rights of third parties, as well as the legislation bans or restrictions specific user, this user is obliged to request the Company to pass a formal identification, provided the company with a notarized obligation to settle claims arising on their own and at their own expense with an indication of their passport data.
3.12. In the case involving the Company to liability or the imposition of penalties on him in connection with the User admitted violations of human rights and / or interests of third parties, as well as the legislation bans or restrictions, such User is obliged to fully indemnify the Company.
4. Intellectual property rights
4.1. All objects that are available when using the application, including design elements, text, graphics, images, video, computer programs, databases, music, sounds and other objects placed within the application, are subject to the exclusive rights of the Company, Users other rights holders.
4.2. The company provides the User the right to use the application function within its overall functionality.
4.3. Using Applications in other ways, including by copying (reproduction) the Content published in the Application, as well as design elements of the Applications, computer programs and databases, their decompile, modify, or distribute, publicly display, available to the public is strictly prohibited, unless otherwise provided in this Agreement.
4.4. User may not reproduce, repeat and copy, sell, and use for any commercial purposes, any portion of the application (including the content available to users through the Application), or access to them, except when the user has received a permit from the company or as expressly provided additional documentation on the use of individual services.
4.5. Using the Applications, as well as publishing the Content for your personal non-commercial use is permitted if all the signs of copyright and related rights, trademarks, and other notices of authorship, save the name (or nickname) of the author / copyright owner name intact, preserving corresponding object unchanged. Except in the cases expressly provided for by the legislation of the Russian Federation or the supporting documents for the use of individual services.
4.6. The Applications may contain links to sites on the Internet (websites of third parties). These third parties and their content is not checked by the Company to meet whatever requirements (accuracy, completeness, legality, etc.). The Company is not responsible for any information, materials placed on the websites of third parties to which the user has access in connection with the use of applications as well as for the availability of such sites or the information, and the consequences of their use of the User.
4.7. Link (in any form) to any website, product, service, any information or commercial character, placed within an application, not an endorsement or recommendation of the products (services activities) by the Company, except in cases when it is so stated by the Company.
4.8. By accepting this Agreement, the Radio Station owner provide to the Company simple (non-exclusive) license to use the Content in the following ways:
Content playback (streaming without ability to download Content, the right of playback);
publicly display the Content (the right of public display);
publicly perform content (right of public performance);
provide the Content in such a way that any person can have access to it online from anywhere and at any time of their choice (right of communication to the public).
4.9. Specified simple (non-exclusive) license to use the content provided to the Company at the same time with the addition of Content in the Applications for the duration of the exclusive rights to the objects of copyright and (or) related rights forming such Content, for use in all countries of the world.
4.10. The user guarantees the availability of the right to dispose of the content on the conditions of the above license to the extent necessary.
5.1. The Company may send the user to the device with installed Application informational messages (hereinafter - the "notifier") of important events occurring within the Application or in connection with it.
5.2. Among other things, the notifier is allowed to use to inform the user about the limitations of access to the Applications and / or the Service in connection with the preventive work, change the functionality of the Application, the Content or the terms of the Service, including changes to the Agreement and required documents.
5.3. The Company in its sole discretion to use the notifier for the dissemination of advertising their own services and products (services) of third parties.
6. Final provisions
6.1. This Agreement shall be governed by and construed in accordance with the legislation of the Russian Federation. Issues not regulated by this Agreement shall be settled in accordance with the legislation of the Russian Federation. All possible disputes arising from relations governed by this Agreement shall be resolved in accordance with the applicable legislation of the Russian Federation, according to the norms of the Russian law. Everywhere in the text of this Agreement, unless otherwise specified, the term "law" means the legislation of the Russian Federation.
6.2. If for one reason or another, one or more provisions of this Agreement shall be held invalid or unenforceable, this will not affect the validity or enforceability of the remaining provisions of the Agreement.
6.3. Inaction of the Company in the event of a breach by the User or other users of the provisions of the Agreement shall not deprive the right to take appropriate actions to protect its interests later, and the Company does not constitute a waiver of its rights in the case of a subsequent similar or similar breaches.
6.4. All disputes under this Agreement or in connection therewith shall be referred to the court at the location of the Company in accordance with the procedural law of the Russian Federation.
6.5.This Agreement is made in Russian and in some cases, can be provided to the user for information in another language. In case of divergence of the Russian version of the Agreement and the version of the Agreement in any other language, the terms of the Russian-language version of this Agreement are applied.
7. Company details:
Address: 440039, Russia, Penza, ul. Gagarina, 16, office 309