Sole proprietor Bondarenko Oksana Vitaliivna, acting based on a certificate of state registration, tax identification code 2818818284 (hereinafter referred to as the Administration) hereby offers to you (hereinafter referred to as the User) to use the web-site under the terms and conditions set forth in this Agreement:
1. Subject Matter of the Agreement
1.1. User Agreement (hereinafter referred to as the Agreement) regulates the terms and conditions for the Users to use the web-site http://brandradionetworks.com (hereinafter referred to as the Site). The effective version of this Agreement is available at http://brandradionetworks.com/pages/user_agreement.
1.2. The Administration shall provide the User with a possibility to use an internet-radio via the Site, i.e. shall ensure, on a charged basis, audio data flow via the Internet using streaming broadcast to the Internet on BRN web-site (hereinafter referred to as the Radio).
1.3. The Radio shall comprise of 20 (twenty) channels, each of which having individual format: genre content, direction and style of material presentation on the air.
1.4. The scope of service and fees therefor shall depend on the Radio use term, number of locations where the Radio will be played, and the package type, in particular:
1.4.1. "Full Access" package shall include a right to use all the radio channels offered by the Administration, and in case this package is selected, such channels shall be added automatically;
1.4.2. "Basic" package shall include a right to use 10 (ten) radio channels of the offered range, which shall be ticked by the User;
1.4.3. "Brand Radio" package shall include:
- development of a music concept, i.e. a core idea which reflects the User’s business activity, generalizes the peoples’ vision of its brand, and is targeted at satisfaction of musical taste and preferences of the audience (hereinafter referred to as the Concept);
- selection of music pieces (tracks) and creation of a music base (sound library) for the User within the Concept framework;
- development, within the Concept framework, of a mix, i.e. a collection o music pieces (tracks) that are smoothly played one after another in an endless sequence and are stored on any audio carrier verbally agreed upon by the parties;
- production of ad videos based on written requests of the Customer and their further inclusion to the Mix on the Audio carrier.
1.5. Any package shall be selected by the User by pressing the appropriate button opposite the desired package.
1.6. Selection of "Full Access" or "Basic" packages shall not require a separate agreement to be concluded by and between the User and the Administration, and legal relations shall be regulated with this Agreement.
1.7. The Agreement shall take effect since the User’s consent expressed through pressing the appropriate button on acceptance of the Agreement terms.
1.8. If the User does not accept the Agreement and (or) fails to pay for the Radio use, the Administration shall reserve a right to restrict and (or) deny access to the Radio.
1.9. The Agreement price, as mentioned in the it. 1.4., shall be calculated by the Administration after the User has selected the package, determined the term and the number of Radio broadcasting places, with the extra licensing service or without it, and shall be indicated online.
1.10. The Agreement may be modified by the Administration without a prior notice to the User. New version of this Agreement shall take effect as soon as posted, unless otherwise is stipulated with the new version hereof. Reading the new versions of the Agreement shall be the User’s personal liability.
1.11. In case the "Brand Radio" package is selected, the User shall be offered to conclude a separate Service Agreement, wherefore the User shall press an appropriate button. Information on the User’s wish to order the "Brand Radio" service shall be automatically passed to the Administration’s authorized person, and such authorized person shall contact the User to discuss the essential terms of the Service Agreement. After clarifying the main points of the "Brand Radio" Service Agreement, the parties shall subscribe the agreement, which shall regulate their further legal relations.
1.12. As required with the article 43 of the Law of Ukraine “On Copyright and Neighboring Rights”, the Administration has settled the issue of direct or indirect play of a phonogram or its copy for any commercial purposes with the competent authority responsible for collective management of property rights of copyright items, performers, phonogram makers, video makers, broadcasting companies (hereinafter referred to as the Organization). For the extra charge, the Administration may provide the additional service allowing the User to apply any phonograms or their copies, any music pieces and their performance recorded on such phonograms, which are publicly played on the Radio – "License".
1.13. The extra service of "License" may be ordered through pressing the appropriate button.
1.14. In case the extra service of "License" is selected, the Administration shall offer the User to conclude a respective agreement with the Organization, wherefore empty fields (User details) should be filled in. The filled in agreement shall be automatically passed to the person responsible for cooperation with the Organization. Within 24 hours of receiving the draft agreement filled in by the User, it shall be submitted to the Organization for specifying the details (signatures, seal). The agreement subscribed by the Organization shall be delivered to the User to affix the original signature and to keep one copy of the agreement.
2. The Site use:
2.1. To sign in to the Site, the User shall provide full and accurate information about itself which is asked in the sign-in form and keep such information updated.
2.2. The information provided by the User about itself is not the data or aggregation of data that identify or help to identify clearly such person.
2.3. If, while signing in, the User provides inaccurate information or the Administration has grounds to deem such information false, incomplete or inaccurate, the Administration shall be entitled to suspend or annul the User’s sign-in and deny the Site use.
2.4. The User shall independently select a unique sign-in name (login) from the ones available and a password for access to the resource.
2.5. The User shall be held liable for safety of its login and password, and for all actions that will be done on the Site under login and password.
2.6. The User and the Administration shall not disclose the User’s password.
2.7. The Administration shall be entitled to:
- use the e-mails of the signed-in Users for notices delivery;
- disable or delete the User’s account in case of the Agreement violation;
- delete any content of the Site without explanation of the reasons, in case of any violation of the applicable law of Ukraine, terms of this Agreement and/or other Site rules.
- close down the resource, at any moment, whether with a prior notice to the User or without it. In such event, the Administration shall not be held liable for denied access to its resources on the Site.
2.8. The User shall be entitled to:
- use the selected login and password upon the User sign-in procedure;
- use the selected login and password upon the User sign-in procedure;
2.9. In case of any revealed facts of unauthorized use of the Site resources, the User shall immediately notify the Administration thereof.
2.10. The User shall give the Administration its consent for processing of the provided information, which also implies use of such information, including the purposes of marketing research and the Site targeting.
3. References to other sites:
3.1. Via the Site, other websites may be accessed. The Administration has no control whatsoever over such websites, and the User gets access to such websites exclusively at its own risk. The User shall acknowledge and agree that the Administration bears no responsibility for accessibility to such websites and for their content, and for any consequences related to use of such websites content.
4. Limitation of the Administration’s liability:
4.1. The User shall use the Site exclusively at its own risk. The User shall be held liable for any damage inflicted to the User’s personal computer and its data. The Administration shall in no case be held liable, inter alia for the Site correspondence to the User’s goal and aims.
4.2. The Administration shall not be held liable for any direct, indirect losses or losses incurred due to penalties, or any other losses in general, even if the Administration was notified in advance of the threat of such losses due to use and/or inability to use the Site.
4.3. In case of any claims set against the Administration by any third parties in connection with the User’s performance under this Agreement (including any claims by any holders of copyright and/or neighboring rights, their authorized representatives or any third parties), the User shall independently settle, at its own expense, any disputes with the claimants, and indemnify for the losses incurred by the Administration to the full extent.
4.4. The Administration shall endeavor to ensure the Site uninterrupted work; however, it shall not be held liable for loss, whether full or partial, of the User’s content on the Site, and for low quality or speed of such content viewing.
5. Final provisions:
5.1. The Agreement and relations arising out of acceptance of the terms contained herein shall be regulated with the applicable law of Ukraine.
5.2. The Agreement shall be the joining agreement as set forth in the article 634 of the Civil Code of Ukraine, therefore:
- the Agreement is concluded only through full joining of the User who wished to conclude the Agreement, to it in general;
- the User who wished to conclude the Agreement may not offer its own terms of the Agreement;
- In case the User wishing to conclude the Agreement does not agree with the content and form of the Agreement or of any of its provisions, such User shall be entitled to refuse from conclusion;
- Requirements on amendment or termination of this Agreement after its taking effect shall be set and shall be satisfied as stipulated with the applicable law of Ukraine;
- the User agrees that it has entered into this Agreement fully understanding its content.
- Headings to the Agreement sections are made only for convenience and shall have no legal or contractual effect.
5.3. By conclusion of this Agreement, the User shall confirm that:
- it was informed by the Administration of its rights as the personal data subject, as determined with the Law of Ukraine "On Protection of Personal Data", the purpose of such data collection and the persons to which such data may be transferred;
- the User shall agree to inclusion of its personal data (provided information) to the Administration’s personal data base in order to ensure administrative, legal, tax, accounting and audit relations;
- the User was notified by the Administration of inclusion of its personal data (provided information) to the Administration’s personal data base (Site) in order to ensure administrative, legal, tax, accounting and audit relations.