Terms of use:
By using a mobile application (hereinafter referred to as the Application), which is an Internet radio receiver that allows you to listen to a radio station located on the Internet in the public domain, the user of the Application accepts this agreement (hereinafter referred to as the Agreement), which regulates the rules for using the Application, the responsibilities of the parties, establishing other related using the Relationship Application. The application is distributed through the App Store - Apple's online store containing digital audio, video and gaming media content for its electronic devices.
1. TERMS AND DEFINITIONS
1.1. In the text of the Agreement, as well as in connection with the relationship between the Administrator and users of the Application, the following terms and definitions are used.
1.1.1.Administrator is an individual who has the authority to make decisions on complaints from users of the Application. The Administrator is guided in his activities by internal conviction and is not responsible for the actions of users, and also does not check the user interface of the Application. Communication with the Administrator is carried out by email at the address - goatrock.app@gmail.com.
1.1.2. Application – a computer program that allows you to add streaming radio stations that are freely available on the Internet.
1.1.3. User is a legally capable individual who has downloaded the Application to his mobile device through the iTunes Store, has civil legal capacity and legal capacity, capable, in accordance with the legislation of the Russian Federation, of acquiring rights and bearing obligations on his own behalf and acting as a party to the Agreement.
1.2. Other terms used in the Agreement and/or in relations arising from it are subject to interpretation in accordance with the legislation of the Russian Federation, and if there is no interpretation in the legislation, in accordance with business customs and scientific doctrine.
2. GENERAL PROVISIONS
2.1. When using the Application, the User undertakes to comply with the Agreement, with all its integral parts, including the current legislation of the Russian Federation and international agreements.
2.2. The Administrator, without the consent of the User, has the right to involve third parties to fulfill obligations under the Agreement, while remaining responsible for their actions to the User.
2.3. After downloading the Application to his mobile device, the User is able to access the following functions:
2.3.1.Player of audio streams from the Internet in the following formats: mp3, aac, aac+. (for free);
2.3.2. "PLUS" mode (paid) - provides access to audio broadcasting in higher quality, no advertising, alarm clock and sleep timer, song detection function, equalizer, function for adjusting to data transfer speed via the Internet.
2.4. All paid services in the Application are purchased by the User through the interface of the iOS operating system and the AppStore. The application initiates the purchase mechanism, then the User purchases services through the interface of the iOS operating system and the AppStore.
2.5. The User undertakes to timely and independently familiarize himself with the current version of the Agreement. If the User disagrees with the current version of the Agreement, the User is obliged to stop using the Application.
2.6. The User undertakes not to use possible errors in the software of the Application in order to gain an advantage over other Users. The User undertakes to immediately report any errors he discovers in the Application to the Administrator.
2.7. The User is responsible for the security of his account in the Application, and is obliged to independently take measures to ensure its security.
2.8. The Administrator is not responsible for possible loss or damage to data, as well as other consequences of any nature that may occur due to the User's violation of the Agreement.
2.9. The User acknowledges and agrees that he must independently assess all risks associated with using the Application, including assessing the reliability, completeness or usefulness of the information posted in the Application.
3. USER ACCOUNT
3.1. Use of the Application in any way and in any form within the limits of its functionality and purpose, including registration and/or authorization in the Application, creates a relationship between the parties (user and Administrator) under the terms of the Agreement in accordance with Articles 428, 437, 438 of the Civil Code of the Russian Federation.
3.2. The User installs the Application, launches it, after which a User ID is created on the User's device, which is synchronized via the iCloud service with his User account in the AppStore.
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3.3. The Administrator does not have access to the User account.
3.4. Authorization in the Application occurs as follows: The user launches the Application for which an identifier has already been created. This ID is then used for authorization.
3.5. The User undertakes to use his account personally. Transferring access to your account to third parties is prohibited.
3.6. The User is obliged to immediately notify the Administrator of any case of unauthorized (not authorized by the User) access to the User's account and/or of any violation (suspicion of violation) of the confidentiality of their means of access to the account. The Administrator is not responsible for possible loss or damage to data, as well as other consequences of any nature that may occur due to the User's violation of the provisions of the Agreement.
4. SIMPLE ELECTRONIC SIGNATURE
4.1. Any actions of the User using the User's login and password to the account (electronic signature key) confirms the fact of the formation of a simple electronic signature directly by the User.
4.2. Electronic documents or letters signed with a simple electronic signature are recognized as equivalent to paper documents signed with a handwritten signature.
4.3. The user undertakes to maintain the confidentiality of his electronic signature (not to transfer his login and password or provide access to his email to third parties), and bears full responsibility for its safety and individual use, independently choosing the method of storing them and limiting access to them.
4.4. In the event of unauthorized access to the login and password, their loss or disclosure to third parties, the User is obliged to immediately notify the Administrator by sending an email from the email address specified in his account.
5. LIMITATION OF LIABILITY
5.1. The User understands and agrees that all services of the Application are provided "as is" and that the Administrator is not responsible for any delays, failures, incorrect or untimely delivery, deletion or failure to store any user personal or other information.
5.2. The User agrees that the Application meets the User's requirements at the time of acceptance of the Agreement and will continue to meet them thereafter, the results that may be obtained from the use of the Application will be accurate and reliable and can be used for any purpose or in any capacity (for example , to establish and/or confirm any facts).
5.3. Under no circumstances shall the Administrator or his representatives be liable to the User or to any third parties for any indirect, incidental, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation caused in connection with the use of the Application, its content or other materials to which the User or other persons have gained access, even if the Administrator warned or indicated the possibility of such harm.
5.4. The Administrator is not responsible for non-fulfillment or improper fulfillment of its obligations under the Agreement due to failures in telecommunications and energy networks, the actions of malicious programs, as well as dishonest actions of third parties aimed at unauthorized access and/or disabling the Administrator's software and/or hardware complex ( e.g. DDoS attacks), including persons with whom the Administrator has entered into agreements for the purpose of fulfilling obligations under the Agreement.
6. PRIVACY
6.1. The confidentiality condition applies to all information that the Administrator can obtain about the User while using the Application and which, in principle, can be correlated with this specific User.
6.2. The user is independently responsible for the security (resistance to guessing) of the means he has chosen to access his account, and also independently ensures their confidentiality.
6.3. The Administrator has the right to transfer personal information about the User to third parties only if:
- The user has expressed a desire to disclose this information;
- without this, the User will not be able to fully use a certain service of the Application;
- this is required by Russian legislation, international law and/or authorities in compliance with legal procedures;
-The User violates the Agreement and/or the current legislation of the Russian Federation, and disclosure of information makes it possible to stop such a violation;
7. INTELLECTUAL PROPERTY
7.1. All objects in the Application, including design elements, text, graphics, illustrations, videos, computer programs, databases, and other objects originally published in the Application, are subject to the exclusive rights of the Administrator.
7.2. The User adds radio stations to the Application independently, unless the owners of the radio stations contact the Administrator to add stations to the Application.
7.3. The User is granted a personal, non-exclusive and non-transferable right to use the Application software on his device, provided that neither the User himself nor any other persons, with his assistance, will: - copy or modify the software; -create programs derived from software; - penetrate the software in order to obtain program codes; -violate the rights of third parties; - sell, assign, lease, transfer to third parties in any other form of rights in relation to the software provided to the User under the Agreement; -modify services, including for the purpose of gaining unauthorized access to them.
7.4. Claims from third parties to the Administrator for violation of any property and personal non-property rights of authors and copyright holders in connection with the placement by the User of any radio station in the Application, the User undertakes to settle on his own and at his own expense, as well as to compensate the Administrator for all costs and losses incurred them in connection with such violations.
7.5. If a violation of intellectual property rights is detected, the corresponding copyright holder, in pre-trial proceedings, undertakes to send an application to the Administrator by e-mail to the address: goatrock.app@gmail.com. The application is submitted by an authorized person; a copy of the document (in written or electronic form) confirming his authority is attached to the application.
7.6. If incomplete information, inaccuracies or errors are detected in the application, the Administrator sends the applicant, within 24 (twenty-four) hours from the date of receipt of the application, a notification to clarify the information provided. This notification may be sent to the applicant once. Within 24 (twenty-four) hours from the receipt of the notification, the applicant takes measures aimed at filling in the missing information, eliminating inaccuracies and errors, and sends updated information to the Administrator.
7.7. Within 24 (twenty-four) hours from the receipt of the application or information specified by the applicant (if a notification is sent to the applicant), the Administrator removes from the Application the intellectual property objects whose rights have been violated.
7.8. If the Administrator has evidence confirming the legality of posting in the Application information containing an object of copyright and (or) related rights, the Administrator has the right not to take measures to remove such information upon application, and sends the applicant a corresponding notification with the specified evidence attached.
8. FINAL PROVISIONS
8.1. The administrator has the right to make changes to the Agreement at any time and unilaterally. When changes are made to the current edition, the date of the last update is indicated. The new version of the Agreement comes into force from the moment it is posted in the Appendix, unless otherwise provided by the new version of the Agreement.
8.2. The relations between Users arising in connection with the use of the Application are subject to the law of the Russian Federation.
8.3. If a violation of the Agreement and/or the current legislation of the Russian Federation, and/or international law is detected, the person who discovered the violation undertakes to immediately report the violation to the Administrator by email. The administrator considers reports of violations (except for reports of copyright violations) within 48 (forty-eight) hours from the moment they are received. During the consideration of a violation message, the Administrator has the right to request from the User who filed the complaint information, copies of documents confirming or refuting the User's guilt in the violation.