User agreement of ZVONKO digital platform

General provisions

1.1. Limited liability company National Digital Aggregator (hereinafter - ZVONKO digital, the Company) accepts the following User Agreement (hereinafter - the Agreement), which contains the terms of use of the ZVONKO Digital platform (hereinafter - the Platform).

1.2. By starting to use the Profile in full or its separate functions, upon authorization by login and password, the rightsholder to whom access is granted (hereinafter referred to as the User) shall be deemed to have accepted the terms and conditions of the Agreement in full, without any reservations or exceptions. If the User does not agree with any of the provisions of the Agreement, the User shall not be entitled to use the Profile.

Registration and the start of using the Profile.

2.1. Upon conclusion of a license agreement for granting the right to use objects of copyright and/or related rights and other objects between the User and the Company (hereinafter referred to as the License Agreement), the Company shall grant the User access to the Platform and create his/her account. The User is sent login and password data to the e-mail address specified in the License Agreement, as well as a link to the Platform. When authorizing using the login and password, the User shall carefully read the terms of the User Agreement. The beginning of using the functionality of the Platform by any means will be considered acceptance of the terms in full.

2.2. The User has the right to change the login and password during further use of the Platform. The User is solely responsible for the security (including resistance to guessing) of the means chosen by the User to access the Platform account, after changing the login and password, the User shall be solely responsible for their confidentiality. The User shall immediately notify the Company of any unauthorized access to the Platform using his/her account and (or) any breach (suspected breach) of confidentiality of his/her the Platform access data.

2.3. The User's personal information specified in the Profile is processed in accordance with the terms of the Privacy Policy of ZVONKO digitalhttps://zvonkodigital.ru/privacy-policy/.

2.4. The User may not transfer access to the Platform to third parties who are not parties to the License Agreement, as well as use the Platform for purposes contrary to the License Agreement.

User Content and terms of its use

3.1. The User, using the Platform functionality, uploads copyright and/or related rights objects, as well as other objects transferred under the terms of the License Agreement (hereinafter referred to as “Content”) to the Platform.

3.2. The content that is uploaded to the Platform by the User must not violate the following rules and principles that ZVONKO Digital follows when moderating (checking) the Content:

3.2.1. it is prohibited to upload Content that violates the laws of the Russian Federation, as well as other states in the territory of which the Content is distributed, according to the terms of the License Agreement;

3.2.2. it is prohibited to distribute Content that violates moral and ethical norms, incites ethnic hatred, or contains aggressive, hostile, or shocking content in relation to any nations and various social groups and individuals;

3.2.3. it is prohibited to upload Content that violates the exclusive rights to the results of intellectual activity of any third parties;

3.2.4. the Content must comply with all technical specifications and formats requested on the Content upload page in the Platform, as well as the requirements sent to the User by e-mail (if applicable);

3.2.5. uploading of works, performances and phonograms created with the help of artificial intelligence (AI) systems, and/or neural networks, and/or any similar systems and technologies is prohibited;

3.2.6. other conditions determined by ZVONKO digital, about which the User is notified by the ZVONKO Digital moderation service.

3.3. After the User uploads the Content to the Platform, the ZVONKO Digital moderation service checks the Content for its compliance with clause 3.2 of this Agreement within 15 (fifteen) business days from the moment of uploading it to the Platform. The verification status is displayed in the Platform and in case of refusal to pass moderation, it is automatically notified to the User by e-mail.

3.4. In the event of non-compliance of the Content with clause 3.2. of the Agreement, the User receives a notification by e-mail, as well as its status is displayed in the Platform specifying the need to make changes and stating the reason for rejection. If the User cures the reasons for rejection and re-uploads the modified Content to the Platform, the Content shall be re-verified in accordance with the procedure specified in clause 3.2. of the Agreement.

Rights and obligations

4.1. the Company

4.1.1. Shall provide the User technical and informational support of the Profile, timely notify the User of all changes in the operation of Profile, as well as changes in the terms and conditions of this Agreement by sending notifications to the User via the Platform;

4.1.2. Has the right to carry out scheduled technical works to improve the operation of the Platform at any time, having previously notified the User thereof, and shall notify the User of unscheduled technical works on the day of their realization;

4.1.3. Has the right to request information about the provided Content;

4.1.4. In case of violation of the terms and conditions of this Agreement and the License Agreement, as well as in case of probability of such violation justified by the Company, the Company has the right to immediately remove the User's Content both from LCPO and from the services where the Content is used (distributed) under the terms and conditions of the License Agreement, with subsequent notification of the User within 5 (five) business days of such removal.

4.1.5. In case of repeated violation of the terms of this Agreement and the License Agreement, as well as in case of probability of such violation justified by the Company, the Company shall have the right to immediately delete the User's the Platform and (or) restrict his/her access to the Platform.

4.2. the User

4.2.1. Shall familiarize himself with and comply with the terms of the Agreement;

4.2.2. Shall not, if he has been granted access to additional the Platform (sub-profiles) in accordance with the terms of the License Agreement, use such the Platform and/or sub-profiles for his own commercial purposes, including, but not limited to, by selling access to the Platform and/or sub-profiles to third parties, charging a fee for using the functionality of the Platform and/or sub-profiles. Violation of this clause shall be considered, among other things, the presence of information on the Internet posted on behalf of the User, for example, on his official and (or) personal pages in social networks and/or instant messengers, such as Telegram, WhatsApp and others.

4.2.3. Shall not use malicious software and take actions aimed at disrupting the normal functioning of the Platform;

4.2.4. Shall not perform actions that may cause an excessive load on the Profile software infrastructure, including making uncoordinated requests for analytics of services from the Profile using third-party technical means:

4.2.5. Shall not use any form of bots or automation software when using the Profile, as well as perform any actions aimed at copying, damaging and using the Company's software code of the Profile.

4.2.6. Has the right to get 24-hour access to the Platform, except for the cases of technical works performed by the Company, as well as to contact ZVONKO Digital moderation service and ZVONKO Digital technical support specialists to get detailed information about the Platform operation.

Responsibility and the Disclaimer of Warranties

5.1. The Profile is provided to the User "as is”. ZVONKO Digital shall not be responsible for fitness of the Platform for the User's purposes and shall not be liable for any kind of losses incurred as a result of the User's use of the Platform.

5.2. The User independently determines the list of organizational and software tools for maintaining the confidentiality of his data uploaded to the Profile, as well as the means for preventing unauthorized access to such data.

5.3. In the event of a violation by the User of the terms of clauses 4.2.1 - 4.2.5. of the Agreement, the Company has the right to restrict access and (or) block access to the Profile for a period of 1 (one) week or longer, at the discretion of the Company, having previously notified the User of the violation of the terms of this Agreement.

5.4. Neither Party shall be liable for the full or partial failure to perform obligations, if such failure was the result of such circumstances as flood, fire, earthquake, other natural disasters, war or hostilities and other force majeure circumstances (force majeure), arising after the conclusion the Agreement and beyond the control of the Parties.

5.5. In the event of disputes between the User and the Company on issues related to the Agreement, the Parties shall take all measures to resolve them through negotiations. The claim procedure for dispute resolution is mandatory. The User's claims shall be considered by the Company within 14 (fourteen) working days from the date of its receipt, also the claim shall be sent to the email address ZVONKO digital partners@zvonkodigital.com. If the Parties fail to reach an agreement through negotiations, the dispute arising from this Agreement shall be brought before the appropriate court at the location of the Company.

Miscellaneous

6.1. The provisions of this Agreement shall be established, modified and canceled by ZVONKO Digital unilaterally with subsequent notification of the User within 5 (five) business days from the date of such changes via the Platform. From the moment the new version of the Agreement is posted in the Platform, the previous version shall be deemed null and void.

6.2. By continuing to use the Platform after receiving notification of the changes to the Agreement in accordance with clause 6.1. of the Agreement, the User shall be deemed to have accepted the terms and conditions of the Agreement in the new version.