To work with the Dropmix music portal, you need to carefully read and study the provisions of this user agreement and accept its terms.
The user is obliged to fully familiarize himself with the above documents before registering on the site and accept them. If the user has not done this, then he cannot use the site and its services.
With the help of Dropmix, you can acquaint a wide audience of Internet users, including musicians, producers, music labels and concert agencies, with your works.
This User Agreement (hereinafter referred to as the "agreement"), in accordance with Article 435 and paragraph 2 of Article 437 of the Civil Code of the Russian Federation, being a public offer, is concluded between the company "DROPMIX.RU" (hereinafter referred to as the "company"), which is the developer and administrator of the Internet resource "DROPMIX" (hereinafter referred to as the "site" or "DROPMIX") available by domain name dropmix.ru , on the one hand, and by a site visitor – an individual (hereinafter referred to as the "user") who has achieved of the age of 14 (fourteen) years, on the other hand, about the following :
1. Definitions of the main terms of the agreement.
1.1. "Acceptance" means acceptance of all the terms of this agreement by the user without exception through the registration procedure on the website, after which this agreement acquires the legal status of a written transaction (a mixed–type civil contract containing, among other things, conditions for granting intellectual rights in respect of the user's works, performances and phonograms)
1.2. "Registration" – successful completion of the registration form by the user, which allows him to create an account on the website.
1.3. "Account" is a set of data about the user, including information provided by the user and internal information of the service about the user. One registered user can have one account.
1.4. "Messages and materials" ("messages", "materials" separately) – informative statements of the user on the topics of the site, musical works, performances and phonograms, photographic and other materials of the user that are allowed to be posted on the site and available to an unlimited number of site visitors.
1.5. "Spam" – messages and materials that contradict the current legislation of the Russian Federation and/or the legitimate interests of the company and/or the legitimate interests of third parties, including messages and advertising materials distributed without the company's permission.
1.6. "Flood" – messages and materials that do not relate to the topics of the sections of the site where they were posted by the user, as well as meaningless or meaningless, obscene or posts aimed solely at raising the user's rating.
1.7. "Service" ("services") – a set of technical and technological capabilities of the site provided by the company to the user after acceptance of this agreement, including access to a wide range of online services (including navigation, communication, personalization, etc.)
1.8. "Software" means programs for an electronic computer, a database that ensures the functioning of the site and the storage of information related to it, including audio–visual displays generated by such programs.
1.9. "Information about competing entities" - messages and materials containing information, links to websites and personal and contact details of persons providing services similar to the company's services (services)
2. Subject of this Agreement.
2.1. In accordance with this agreement, the company provides the service to the user, and the user accepts it for temporary use during the term of this agreement (Section 13)
2.3. The User acknowledges that the site and the service are complex results of intellectual (creative) activity, and accepts the service on an "as is" basis. The User has the right to refuse to use the site and the service at any time at his discretion.
2.4. The terms of this agreement governing the procedure for posting messages and materials and using the service are mandatory for the user from the moment of registration.
2.5. The Company has the right not to provide any service features to unregistered site visitors.
2.6. The User acknowledges and agrees that by uploading musical works, phonograms and performances (materials) to the website (user's specific actions), he grants the company permission (non-exclusive rights of use) to perform the following actions with respect to the materials :
— Publication and placement of materials on the Internet on the website, while the publication of materials on the Internet implies the possibility of their reproduction in digital (electronic) form through public data transmission networks for a wide range of people around the world (reproduction and communication to the public)
— Distribution of materials through communication channels, including the Internet, excluding terrestrial and cable radio/TV broadcasts.
— To process materials into a compressed digital format, as well as technical editing of digitized materials.
— To communicate materials for public information by posting the work on the Internet on the Dropmix server or in another way that allows for digital communication.
— Publish contact information (except e-mail addresses) entered by the user "Dropmix" when registering on the site pages. Provide it to interested parties, including production and record companies (including e-mail addresses)
The user reserves the right of copyright control over the use of his materials and messages on Dropmix, independently regulating through the service the rights of access to them by third parties.
3. Rights and obligations of the company.
3.1. The Company has the right to improve the service and expand its capabilities.
3.2. The Company has the right to notify the user about new features of the service at the email address specified by the user during registration.
3.3. The Company has the right, without the consent of the user, to modify the site in any way at its discretion, including changing the design of the site, the terms of provision of services, adding new services, terminating the provision of services, as well as interrupting access to the site in the course of the above-mentioned works by the company. If access to the site and/or the service is disabled for a significant period of time - more than 24 hours, the company will make every effort to notify the user about this, if possible.
3.4. The Company has the right to popularize and promote the website and the service. The right to place advertising materials on any page of the site, including, but not limited to, contextual advertising, banners, as well as video and interactive commercials.
3.5. The Company has the right to refuse registration to the user, temporarily suspend the operation of the user account or delete the user account without warning and explanation of the reasons.
3.6. The Company reserves the right to unilaterally and without prior notice to users to change the terms of this agreement by posting the updated text of the agreement on the website page at https://dropmix.ru/terms/terms
3.7. The Company has the right to apply to the user violating the terms of this agreement, the measures of influence provided for by the agreement, as well as to demand the application of liability sanctions provided for by the legislation of the Russian Federation to the user.
3.9. The Company has the right to control the content of messages and materials, including changing or editing messages and materials of its choice (including the removal of swear words, correction of grammatical errors, which is marked accordingly) without the consent of the user, as well as deleting messages and materials without warning at any time. The User agrees that the company is not obliged to identify the user, including by posting his name, contact details and/or photos.
3.10. The Parties agree that the website and the service are complex intellectual products, and the posted messages and materials become an integral part of these products.
3.11. The Company has the right to use the materials provided (uploaded by the user) in accordance with the rights granted by the user (clause 2.6 of this Agreement)
3.12. The Company has the right to delete the user's messages and materials if his account has not been active for five years, as well as block or delete the account. The Company also has the right to delete accounts if it is revealed that they are opened by one user.
4. Rights and obligations of the user.
4.1. The User guarantees that his age is more than 14 (fourteen) full years.
4.2. The User has the right to use the website and the service in accordance with this agreement.
4.4. The user, after registering on the site, has the right to post messages and materials on the site, the content of which fully complies with the legislation of the Russian Federation, as well as :
— Are not obscene, offensive, vulgar, malicious, threatening, defamatory, knowingly false or pornographic in nature.
— Do not have the purpose and ability to damage the honor, dignity or reputation of other persons (including do not contain baseless judgments against third parties, unverified facts, such references to third parties that may negatively affect the demand for their services, works, services)
— Do not contribute to inciting religious, racial, ethnic or ethnic hatred.
— Do not contain elements of violence.
— Do not contain unauthorized borrowings, plagiarism, violation of the right to a name, otherwise does not violate the rights provided by law to the results of intellectual activity and means of individualization of the company and third parties (copyright, related, patent, know-how rights, trademark, etc.), including, do not copy other materials posted on "DROPMIX" by a non-user of the site.
— Do not violate the rights of minors.
— Do not contain information constituting a commercial, official, medical, banking or other secret, as well as other information, access to which is restricted by the legislation of the Russian Federation.
— Do not contain software viruses or other computer codes, programs, files aimed at violating the functionality of any technical means (computer, telecommunications equipment, etc.)
— Do not contain advertising, unless it is agreed with the company.
— Do not contain spam and flood.
— Do not contain messages and materials of competing persons, or containing information about such persons and their goods/services.
— Do not entail violations of the legislation on taxes and fees, advertising legislation or other legal acts (the user's account cannot be used for commercial purposes)
— Do not contain agitation (in the form of any appeals, mailings, forum topics, and so on, addressed to individual users or a wide range of persons) aimed at obtaining funds, discounts, bonuses, cryptocurrencies, any other payment units, commercial benefits in another form by the user.
4.5. The User bears full personal responsibility for the content of messages and materials, for their compliance with the norms of Russian and International law.
4.6. The User has no right to copy and borrow messages and materials from other Internet resources, mass media or other sources of information in bad faith (without the permission of the copyright holder).
4.7. The User guarantees that he is the author and sole legal owner of the exclusive right to use the messages and materials posted by the user on the site, and no other persons will make claims (demands) to the company regarding the use of messages and materials on the site. The use of works of other persons as quotations is allowed only in accordance with the Civil Code of the Russian Federation, in strictly limited cases and to the extent, with mandatory indication of the author and the source of the citation, or only in agreement with the company.
4.8. The user undertakes to ensure the confidentiality and safety of his account, not to transfer to other persons the login and password to log in to the site. The User is personally responsible for all actions performed using his account. The user undertakes not to make any attempts to mislead the company, including the obligation not to create more than one account (under one or different nicknames), frequently change nicknames, and so on.
4.9. The User has the right to contact the company with wishes, suggestions, questions and complaints about the operation of the site and the service, as well as in other cases when prompt communication with a specialist of the company or a developer of the software of the site is necessary, in accordance with the procedure provided for in section 12 of this agreement.
4.10. The User undertakes to immediately inform the company in accordance with the procedure provided for in Section 12 of this Agreement, in the event :
— If violations of the terms of this agreement are seen in the actions of another registered user.
— Detection of copying and use of the information content of the site, including individual messages and materials, on other Internet sites.
— Detecting errors in the operation of the site, obtaining other people's personal data, incorrect display of information.
4.11. The user has the right to make proposals for the implementation of the materials created by him and the rights to them, regulating this possibility through the service, while the user guarantees that the use of the materials will not entail any negative consequences for the company and /or any costs for the company. Information about such a possibility of implementation is not an offer or an offer, but only informs the circle of persons defined by the user.
5. Limitation of liability.
5.1. Starting to use the site and the service, the user understands that technical errors and malfunctions may occur in their work, and also acknowledges that the authors of the site software and the company are not financially responsible for any consequences of the site and the service, for the operability of the user's technical means when using them, for the compliance of the site and the service with the goals the user.
5.2. The Company is not responsible for any distortion, modification, illusion of the display of messages and user materials on the site, even if it caused a negative judgment against the user.
5.3. The User acknowledges that the company, while ensuring the operation of the site and the service, at the same time, is not responsible for its uninterrupted operation, for the possible loss of messages and materials, for the occurrence of any other inconveniences and losses when using the site.
5.4. The Company is not responsible for non-fulfillment or improper fulfillment of its obligations as a result of failures that occurred in the operation of telecommunications and energy networks, the actions of malicious programs, as well as unfair actions of third parties aimed at unauthorized access and/or disabling of the company's software and/or hardware complex.
5.5. The content of the website is for informational purposes only. The Company is not responsible for the inaccuracy of the data. The Company is not responsible for possible losses that may result from the use of information from the site (including intellectual property, copyrights and related rights)
5.6. In any case, the company is not a representative of the user or his agent. The user's actions should be considered as the actions of a specific person acting in their own interests.
6. Intellectual property.
6.1. This agreement grants the user the right to use the website, service and software under the terms of this agreement during its validity period.
6.2. The User confirms that he will use the software integrated into the site only in accordance with this user agreement and will not attempt to "open the code", copy, emulate, create new versions, rent or lease, sell, modify, decompile, disassemble, otherwise use the source text and the object code of the software without the written permission of the company.
6.3. The User acknowledges that the exclusive right (in full), both for the specified products, and for their components and products derived from them, belongs to the company. At the same time, at the time of posting messages and materials on the site, the user authorizes the company on a non-exclusive basis (grants a simple non-exclusive license) to use these messages and materials in all ways provided for in part 2 of Article 1270 of the Civil Code of the Russian Federation (including the right to carry out, allow and prohibit their reproduction, distribution, cable communication, public performance, making it publicly available, and so on, including anonymously – without specifying the user's identifying information)
6.4. The parties to this agreement are entitled by an additional agreement to provide for a different scope of rights to musical material and agree on a special procedure for its use (commercial or non-commercial), including in which the company assumes the functions of tracking illegal use and protecting the rights to user messages and materials.
6.5. The Company declares that it is not the creator or owner of the exclusive rights to the materials uploaded by the user and the user's actions to use the materials or exercise the rights to them are solely the responsibility of the user.
7. Responsibility of the user.
7.1. Spam and flood are not allowed.
7.2. If there are messages and user materials that, in the opinion of the company, have signs of violation of this agreement, the company has the right to take sanctions at its discretion, including, but not limited to :
— Sending a warning to the user.
— Blocking or deleting a user account, including without the possibility of re-registering on the site.
— Blocking or deleting individual user materials.
7.3. The Company has the right to delete or block any messages and materials of the user, as well as to delete or block the user's account without warning or explanation.
7.4. For using the website, service or software in ways not provided for by this agreement that violate the rights of the company or third parties, the user, in accordance with the legislation of the Russian Federation, bears civil, administrative and criminal liability.
8. Responsibility of the parties.
8.1. In case of posting or other use by the user of information, materials and/or other content, the distribution or use of which is restricted or prohibited by federal laws, violates intellectual or other legally protected rights, the user bears full responsibility for its placement.
8.2. The Company provides the technical possibility of using the service by users, while it does not control and is not responsible for the actions or omissions of any persons in relation to the use of the service.
8.3. There are no technical solutions in the information system and software of the site that carry out automatic censorship and control of actions and information relations of users on the use of the site.
8.4. The Company does not engage in preliminary moderation or censorship of user materials and takes actions to protect the rights and interests of persons and ensure compliance with the requirements of the legislation of the Russian Federation, only after the request of the interested person in accordance with the established procedure.
8.5. The User is personally responsible for any materials or other information that he uploads or otherwise brings to the public (publishes) on the site or with its help, or uses materials that are posted on the site.
8.6. The Company has the right, but is not obliged, to monitor the presence of prohibited materials and may delete or move (without warning) any materials or user accounts at its sole discretion, for any reason or for no reason, including, without any restrictions, the movement or removal of materials that, in the opinion of the company, violates the terms of this agreement, the legislation of the Russian Federation and/or may violate the rights, cause harm or threaten the security of other users or third parties.
9.1. All the intellectual property results used and posted on the service, as well as the service itself, are the intellectual property of their rightful owners and are protected by the legislation of the Russian Federation, as well as relevant International legal treaties and conventions ratified by the Russian Federation (hereinafter referred to as "materials"). Any use of the intellectual property results posted on the site (including elements of the visual design of the site, symbols, texts, images, illustrations, photos, videos, computer programs, music files, sound files and other objects) without the permission of the company or the copyright holder of the intellectual property results is illegal.
9.2. The design of the website, the order of presentation and arrangement of materials on the website are subject to protection as copyright objects belonging to the company. The exclusive right of the company extends, among other things, to the selection, arrangement and systematization of the data contained on the website.
9.3. The Site has sections where the creation and management of materials is carried out exclusively by the company as its legal copyright holder.
10. User materials.
10.1. Intellectual rights are respected and protected on the DROPMIX website. The use of copyright objects without the consent of the copyright holder is not allowed. The user who posted the materials on the site independently represents and protects his interests arising in connection with the placement of materials in relations with third parties.
10.2. The Service provides users with a technical opportunity when visiting the site, as well as using special software (including using mobile devices), under the conditions provided for by this agreement, to exchange information, messages, get acquainted with music works or sound files posted on the site, view videos in streaming mode, store and to post on the site the results of intellectual property lawfully used by users.
10.3. Materials stored and posted by users on the site, including the results of intellectual activity, are referred to as user materials.
10.4. Any downloading of materials is carried out solely on the initiative of the users themselves, who retain all their rights to it.
10.5. By downloading the materials, the user guarantees that he is the rightful owner of the relevant intellectual property results, uses them lawfully and gives his unconditional consent to their open placement and storage on the site with the possibility of access to them by third parties (site users)
10.6. The Company may copy materials uploaded by users for the purposes stipulated by ensuring the technological process of storing and posting materials on the site.
10.7. The User agrees that he is solely responsible for his own materials and the consequences of its downloading and posting on the site.
10.8. The User undertakes not to upload, post or make available through the site materials that are subject to copyright / related rights or other rights of a third party.
10.9. The Company does not have any influence on the integrity and content of the materials, except for changes made solely for the technical support of the storage of materials and their placement using the functionality of the site.
10.10. The Company reserves the right to carry out a preliminary check of the posted materials. Such a check is selective and its conduct is not the responsibility of the company.
10.11. The Company has the right to systematize the materials posted on the website.
10.12. The User agrees that the collections of materials on the site or links to them created and/or posted by the user using the service are not collections in accordance with Article 1260 of the Civil Code of the Russian Federation, are not protected as intellectual property objects and, at the request of the user, can be accessed by all other users of the site for viewing. The Company is not responsible for any use by third parties of such collections or links.
10.13. The Company is not responsible for any third-party information posted on the site that the user accesses through the site.
10.14. The users are solely responsible for the actions of users related to the placement of materials on the site. Violation of the terms of this Agreement and the requirements of the current legislation of the Russian Federation may entail civil, administrative and criminal liability for such offenses.
11. Copyright Protection Policy.
11.1. The Company, ensuring the functioning of the site, including in connection with the use of materials, acts on the basis of the principle of "zero tolerance" for infringement of intellectual property rights.
11.2. The Company has the right to unilaterally and without explanation, both at its own discretion and upon receipt of appropriate treatment from users and /or third parties and/or copyright holders, delete any materials posted on the site, or block access to it. The User agrees that the company is not responsible for any harm that may be caused to the user by such actions.
11.3. If the fact of violation of the provisions of this agreement by the user is established, including those related to the violation of the intellectual property rights of third parties, the company has the right to unilaterally delete the account of such user and, if technically possible, block his access to the site.
11.4. If technically possible, the company takes measures to prevent the re-placement on the site of identical intellectual property objects that violate the rights of third parties.
11.5. The Company has the right to unilaterally make any modifications to the site related to the implementation of preventive measures to prevent possible violations of the rights of third parties to the results of intellectual property (including through the introduction of new software)
11.6. Notices and notices of infringement of intellectual property rights may be sent by the authors and copyright holders using the site section on the page https://clubnikamusic.ru/page/contacts . Sending relevant notices and notifications is mandatory.
12. Links to third-party resources.
12.1. The Website may contain links to third-party websites, as well as advertisements placed by them (including advertising, event messages, special offers, etc.) . These third parties and their materials are not checked by the company for compliance with certain requirements (reliability, completeness, legality, etc.) . The Company does not bear any responsibility for the content of third-party sites, including for any opinions or statements, advertising, etc., as well as for the availability of such sites or materials and the consequences of their use by the user.
13. Consideration of complaints and requests.
13.1. Questions, suggestions, comments, complaints and other messages regarding the operation of the website or service are sent to the company by e-mail: firstname.lastname@example.org or using the site section on the page https://dropmix.ru/contact