This User Agreement (hereinafter referred to as the "Agreement") regulates the relations between the Federal State Budget Educational Institution of Culture "Moscow State Academic Philharmonic Society" ("The Philharmonic Society") and any person using the Internet resources of the Philharmonic Society (hereinafter referred to as the "User").The procedure and conditions for concluding this Agreement are governed by Articles 426, 428, 432-439, 441, 444 of the Civil Code of the Russian Federation.
1. Terms and definitions
1.1. Internet resources of the Philharmonic are the website of the
Philharmonic, located at www.meloman.ru, and the Philharmonic applications for
mobile platforms iOS and Android, available through the installation and use of
special software on various user devices (mobile smartphones, tablets).
1.2. User
User - a person (physical or legal) that uses the Internet resources of the
Philharmonic Society through the Internet, which has accepted the Acceptance.
1.3. Content
The results of intellectual activity, both protected and unprotected, including
elements of visualization of the Internet resources of the Philharmonic,
symbols, texts, graphic images, illustrations, photos, videos, programs, music,
as well as other individual audiovisual works and other intellectual property
objects , exclusive or non-exclusive property rights to which the
Philharmonic Society or third parties that have provided such intellectual
property objects of the Philharmonic for accommodationand online resources
Philharmonic.
1.4. Video Directory
Electronic online catalog accessible to the User after Registration directly on
the site www.meloman.ru and in applications for mobile platforms iOS and
Android.
1.5. Registration is a voluntary procedure during which the visitor fills out the form posted on the Philharmonic Internet resources or passes through the identification using other Internet resources, on the basis of which the User's account database is uniquely identified in the Philharmonic Internet resources database, uniquely identified by a unique pair of access requisites " e-mail address "(login) and password.
1.6. Registration information means information about the User provided by him at the registration on the Internet resources of the Philharmonic Or by changing such information in the Personal Area necessary for the identification of the User or communication with the User.
1.7. Personal cabinet - the section of the registered User on the Internet resources of the Philharmonic Society, with individual access to it for viewing content posted on the Internet resources of the Philharmonic Society or for changing its registration data.
1.8. Acceptance of the Agreement
Use by the User of the Internet resources of the
Philharmonic, any services, functionality and / or User Registration on the
Internet resources of the Philharmonic is the full and unconditional acceptance
of this Agreement.
2. General Provisions
2.1. This Agreement establishes rules and conditions for using the Internet resources of the Philharmonic by the User, carried out by him after registration or without it.
2.2. Use by the User of the Internet resources of the Philharmonic Society means the unconditional consent of the User with all clauses of this Agreement and unconditional acceptance of the terms of this Agreement by him; as well as the terms of the Privacy Policy, located at http://www.meloman.ru/privacy-policy, without any exceptions.
2.3. The Philharmonia reserves the right, at its discretion, to modify and / or supplement the Agreement at any time. The current version of the Agreement is available at the address in the global Internet: http://www.meloman.ru/agreement/ ..
2.4. Use by the User of Internet resources of the Philharmonic Society after making any changes and / or additions to the Agreement means the User's consent with such changes and / or additions.
2.5. In case of disagreement with the terms of this Agreement, the User should not register on the Internet resources of the Philharmonic Society and (or) use the Internet resources of the Philharmonic Society, and if he is already a registered user, he must delete his account and / or stop using Internet resources.
2.6. This Agreement applies to relations between the Philharmonic Society and any User irrespective of his location, citizenship, citizenship or, in the case of legal persons, the form of ownership or legal form.
2.7. All content used by the User and the content on the Internet resources of the Philharmonic Society as well as the Internet resources of the Philharmonic Society are the intellectual property of their legal owners and are protected by the legislation on intellectual property of the Russian Federation, as well as relevant international legal conventions. Any use of the results of intellectual activity posted on the Internet resources of the Philharmonic (including elements of visual design of Internet resources, symbols, texts, graphic images, illustrations, photos, videos, programs, music and other objects) is not in accordance with the terms of this Agreement and without the permission of the Philharmonic Society or the lawful rightholder of the relevant results of intellectual activity is illegal and may serve as a reason for the trial and attraction of violators to administrative, civil-law and (or) criminal liability in accordance with the legislation of the Russian Federation.
3. Subject of the agreement
3.1. Any use of the Internet resources of the Philharmonic Society or the results of intellectual activity posted on it, other than permitted in the Agreement, or, in the case of express consent of the Philharmonic or the author (rightholder) in writing, for such use, without the prior written permission of the Philharmonic or the author (copyright holder) completely prohibited.
3.2. Except for the cases established by the Agreement, as well as the current legislation of the Russian Federation, no result of intellectual activity posted on the Internet resources of the Philharmonic Society can be copied (reproduced), redesigned, distributed, displayed in a frame, published, downloaded, transmitted, sold or otherwise in whole or in parts, without the prior permission of the Philharmonic Society or the lawful rightholder of the corresponding result of intellectual activity, unless the Philarm The right or the rightholder expressly consented to the free use of the material by any person.
3.4. Access to content posted on Internet resources is provided by the Philharmonic Society solely for personal non-commercial use by the User for the purpose of acquaintance with them exclusively through the Internet resources of the Philharmonic Society, without the right to reproduce (including copying / downloading) the specified results of intellectual activity in the memory of electronic devices The User, and also without the right to use the specified results of intellectual activity, other than specified in this Agreement, follows, sell them, modify, distribute entirely or in parts, etc.
3.5. The Philharmonic Society reserves the right at any time to move inside sections and remove from the Internet resources of the Philharmonic any results of intellectual activity posted on them, without notice to the User.
3.6. With respect to audiovisual works in the Philharmonic's Internet Video Catalog, the Philharmonic Society grants to the User a non-exclusive license to use its Internet resources limited by the terms of this Agreement.
3.7. The Philharmonia reserves the right to restrict access to individual audiovisual works posted in the Video Library of the Philharmonic Internet Resources to Users within certain countries / territories at the request of the Copyright Holder who provided the results of his intellectual activity to the Philharmonic.
3.8. While limiting the viewing of individual audiovisual works within certain countries / territories, the location of the User is determined using specialized software that determines the User's location in the specified territories by the IP address from which Internet access is provided.
4. Personal Information
4.1. By accepting this Agreement, the User agrees to the processing by the Philharmonic of the provided registration information made using automation facilities, including collection, recording, systematization, accumulation, storage, updating (updating, modification), extraction, use, transfer, provision, depersonalization, removal, destruction in order to provide the User with the opportunity to use the Internet resources of the Philharmonic Society, providing the User with the necessary information by any means and execution of this Agreement.
4.2. The User agrees with the Privacy Policy of the Philharmonic Society and the terms of processing of his personal information specified therein, and its provisions are included in these terms of the Agreement by this reference.
4.3. The User gives his consent to the processing and use by the Philharmonic of the registration information provided by the User for the purpose of carrying out, at the user's specified email address, an unlimited delivery until the receipt by the Philharmonic of a written and / or electronic notice of the refusal to receive the newsletters.
4.4. In order to implement its obligations under the present Agreement by the Philharmonic Society, the User agrees to transfer his registration information to third parties provided that the contract is properly concluded between the Philharmonic and such third parties.
4.5. For the purposes of access to audiovisual works in the Video Library of the Philharmonic Internet Resources, the User independently provides the Philharmonic with information that will allow the User to be identified, including: the User's location, the User's email address, or, in the case of User identification using other Internet resources - access to the User's profile on such resources and information on the way of communication with the User.
4.6. When processing the User's data, the Philharmonic takes the necessary legal, organizational and technical measures to protect such data from unauthorized or accidental access to them by unauthorized persons.
4.7. The Philharmonic Society undertakes obligations to ensure the storage and confidentiality of information provided by the User about himself.
4.8. Information requested and processed by the Philharmonic:
- when registering the User on the Internet resources of the Philharmonic Society, the User grants his consent to receive and process the data;
- registration information provided by the User for use by him of the Internet resources of the Philharmonic at Registration, as well as when the User changes information in the Personal Area;
- data that is automatically transmitted to the server of the Philharmonic Society during the use of the Internet resources by the User using the software installed on the user's device, including the IP address, information from the cookie, information about the user's browser (or other program that accesses the Internet resources of the Philharmonic Society), access time, address of the requested page.
4.9. The Philharmonic does not verify the authenticity of the Registration Information provided by Users and does not exercise control over their legal capacity. The philharmonic society proceeds from the fact that the User provides reliable and sufficient information for communication, and independently maintains this information in an up-to-date state.
4.10. The user can independently at any time change (update, supplement) the information provided to him or her part by using the function of editing the registration information in the Personal Area. The user has the right to independently delete his account from the Internet resources of the Philharmonic by contacting: info@meloman.ru
4.11. This Policy applies only to the Philharmonic. The Philharmonic Society does not control and is not responsible for third-party sites to which the User can click on links available on the Philharmonic Internet resources, including for the payment of the Order through third parties. On such sites, the User may collect or request other information, and other actions may be performed.
5. Rights and obligations of the parties
5.1. User rights
The user has the right to fully utilize all the functionality provided by the Internet resources of the Philharmonic Society, in addition to the functionality provided exclusively at the time of registration and / or on a fee basis.
The user has the right to fully utilize all the functionality provided by the Philharmonic Internet resources, as well as the functionality provided exclusively at the Registration and / or on a fee basis.
5.2. Obligations of the User
The User is obliged:
- comply with the terms of this Agreement;
- provide reliable information and data about yourself;
- not to carry out actions prohibited by the legislation of the Russian Federation and this Agreement;
- refrain from carrying out actions aimed at destabilizing the Internet resources of the Philharmonic, attempting to unauthorized access to the Internet resources of the Philharmonic Society, the results of intellectual activity placed on them, as well as from any other actions that violate the rights of the Philharmonic and / or third parties;
- take appropriate measures to ensure the safety of the User's account and password and be responsible for all actions taken by him, and also by a third party on the Internet resources of the Philharmonic Society under his account (login and password). The User is obliged to immediately notify the Philharmonia about any cases of access to Internet resources by third parties under the account of the User.
- The user has no right to transfer, assign, sell, transfer for use, etc. an account on Internet resources to third parties without the consent of the Philharmonic.
5.3. Philharmonic Rights
The Philharmonic Society has the right:
- determine the composition of the Internet resources of the Philharmonic Society, their structure and appearance, allow and restrict access to the Internet resources of the Philharmonic Society in accordance with this Agreement and the legislation of the Russian Federation;
- to resolve issues related to the commercial use of the Philharmonic's Internet resources, in particular the issues of the possibility of advertising on the Internet resources of the Philharmonic, participation in partnership programs, etc .;
- in case of violation of this Agreement by the User, to suspend, restrict or terminate the access of such User to all sections or to any part of the Philarmonic Internet resources unilaterally;
- block the possibility of using the Internet resources of the Philharmonic (blocking authorization and / or IP-addresses) for Users at any time, with or without prior notification, without answering for any harm that may be caused to the User by such action (including terminate the Agreement completely, deleting the User account from Internet resources);
- in order to realize the rights and obligations under the Agreement, to attract third parties if there is a contract properly concluded between the Philharmonic Society and such third parties;
- to place advertising and / or other information in any section of the Internet resources of the Philharmonic Society;
- set age limits for access to Content posted on the Internet resources of the Philharmonic, intended for an audience of a certain age. This means that persons who have not reached the specified age, undertake to refrain from accessing or viewing such Content, as the Philharmonic can notify the User by indicating the signs of information products on the Internet resources of the Philharmonic.
The Philharmonic Society has the right to inform the User about the conducted advertising actions, novelties and other issues related to the activity of the Philharmonic Internet resources, their development and change. At the same time, the User has the right to refuse to receive such information at any time by sending an electronic communication on the refusal to the address info@meloman.ru. When sending an email, the user must specify the subject of the message.
5.4. Duties of the Philharmonic Society
The Philharmonic Society is obliged:
- provide a technical opportunity for the User to access the Internet resources of the Philharmonic Society, in accordance with the procedure specified in this Agreement;
- to carry out the current management of sections of the Internet resources of the Philharmonic Society.
6. Warranty and User Liability
6.1. The user is fully responsible for the compliance of the methods of using the Content presented on the Internet resources of the Philharmonic Society to the norms of Russian or international legislation (including intellectual property law and information protection).
6.2. The user is responsible for the security of his / her password and for all the User's actions on the Internet services of the Philharmonic after authorization under his login and password.
6.3. The User is obliged to immediately notify the Philharmony about any access to it using third parties' login and password and / or any other security breach that has become known to him.
6.4. In the case of transfer of login and password to a third party, for the actions of third parties committed on the Internet resources of the Philharmonic after authorization under the User's login and password, all responsibility is directly the User himself. For the damage caused to the User as a result of unauthorized access to the User account, the Philharmonic does not take responsibility.
6.5. The User guarantees that by viewing the audiovisual works in the Video Library of the Philarmonic Internet Resources with limited viewing within certain countries / territories, it is located in the territory of the countries / territories where the viewing of such audiovisual works is allowed and does not / - or actions aimed at circumvention of technical means of protection (the system of geographical filtering of access to viewing of individual audiovisual works placed in Videocard Internet resources, according to the criteria chosen by the Philharmonic Society at its own discretion for the purpose of determining the country / territory in which the individual User is located) that restrict access to these audiovisual works to the boundaries of the specified countries / territories.
6.6. The User agrees that he will reimburse the Philharmonic for any losses incurred by the Philharmonic due to the User's violation of the terms of this Agreement and / or rights (including copyright, related, patent, information) of third parties.
7. Limitation of Liability of the Philharmonic
7.1. Access to the Internet resources of the Philharmonic is provided to the User on the terms "AS IS", in the form in which it exists, and the Philharmonic does not give guarantees or assurances about its use or functioning.
7.2. The User understands and agrees that the Philharmonic can delete or move (without warning) any results of intellectual activity posted on the Internet resources of the Philharmonic Society, at its discretion, for any reason or for no reason.
7.3. The Philharmonic Society is not liable for any errors, omissions, interruptions, deletions, defects, delays in the processing or transmission of data, communication lines failure, theft, destruction or unauthorized access of third parties to the results of intellectual activity posted on its Internet resources. The Philharmonic is not responsible for any technical malfunction or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, technical e-mail services or scripts for technical reasons. Also, the Philharmonic Society is not responsible for the compliance of the Philharmonic's Internet resources in its entirety or its parts (services) with the User's expectations, the unmistakable and uninterrupted operation of the Philharmonic Internet resources, the termination of the User's access to the Internet resources of the Philharmonic, the safety of the User's login and password, providing access to Internet resources Philharmonic Society, losses incurred by the User for reasons related to technical failures of hardware or software.
7.4. The Philharmonic Society is not responsible for any damage to the User's electronic devices, including mobile devices, any other equipment or software, caused or associated with the use of the Internet resources of the Philharmonic.
7.5. Under no circumstances shall the Philharmonic Society be liable to the User or any third parties for any direct, indirect, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation caused by the use of the Internet resources of the Philharmonic Society or the results of intellectual activity placed on the Internet resources of the Philharmonic.
7.6. The Philharmonic Society is not liable to the User or any third
parties for:
- the User's actions on the Internet resources of the Philharmonic Society;
- for the consequences of applying information used / received by the User on
Internet resources.
7.7. In the event that third parties filed claims against the Philharmonic associated with the use of the Internet resources by the Philharmonic Society, the User undertakes to resolve these claims with his own forces and at his own expense with third parties, protecting the Philharmonic from possible losses and proceedings.
7.8. Internet resources of the Philharmonic can contain links to other Internet resources. The User acknowledges and agrees that the Philharmonic does not control and does not bear any responsibility for the availability of these resources and for their content, as well as for any consequences associated with the use of these resources. Any referrals made by the User, the latter produces at your own risk.
8. Technical requirements for software and User Equipment to use the Internet resources of the Philharmonic
8.1. Internet resources of the Philharmonic are designed to interact with the following versions of browsers officially released by their developers and / or software applications developed by the Philharmonic.
- Internet Explorer 10 and newer,
- Mozilla Firefox 34 and newer,
- Opera 10 and newer,
- Google Chrome 32 and later,
- Safari 5 and newer.
In operating systems:
- Windows XP and newer,
- Mac OS X 10.6 and later,
- iOS 5.1 and newer,
- Android 5.0 and newer
- Linux (Ubuntu 10.04 and newer).
- The official channel for downloading a software application for devices on the iOS operating system.
- The operation of the software application received by the User from other sources is not guaranteed.
8.2. Services of Internet resources of the Philharmonic are designed for interaction only with official, licensed and unmodified software.
8.3. The minimum channel width for viewing audiovisual works as Full-HD is 10 Mb / s;
8.4. Users acknowledge and agree that the speed of access to the Internet resources of the Philharmonic Society and / or the viewing of audiovisual works may change due to traffic on the User's channel by traffic from other resources or for other reasons beyond the control of the Philharmonic. The Philharmonic Society is not responsible for the fact that at a particular time, at a particular location, the User could not access the Internet resources of the Philharmonic Society and / or view audiovisual works due to low access speed.
8.5. In the event that the User experiences technical problems using the Internet resources of the Philharmonic Society (viewing audiovisual works) on Internet resources, the Parties understand and agree that the User has the right to apply to the Philharmonic by writing a letter to info@meloman.ru indicating the subject of the message.
9. Final Provisions
9.1. This Agreement and the relations between the Philharmonic Society and the User are governed and interpreted in accordance with the legislation of the Russian Federation. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of the Russian Federation.
9.2. If, for any reason, any of the terms of this Agreement are invalid or unenforceable, this does not affect the validity or applicability of the remaining terms of the Agreement.
9.3. The parties agreed that all disputes arising from the relations of the Parties governed by this Agreement should be resolved in a competent court at the location of the Philharmonic Society with mandatory observance of the pre-judicial claims procedure for the settlement of disputes. The Parties understand and agree that the claim procedure for the settlement by the Parties of disputes related to technical problems in the work of the Philharmonic Internet Resources, established by this paragraph of the Agreement, is mandatory when Parties are applying to the judicial authorities.
9.4. This Agreement is concluded for an indefinite period and extends to Users who access the Internet resources of the Philharmonic and use them both before the date of publication of this Agreement and after the date of its publication on the site www.meloman.ru.
9.5. This Agreement is a public offer, in accordance with Art. 437 of the Civil Code of the Russian Federation. The User's consent to the terms of this Agreement (acceptance) is deemed to be the actual use of Internet resources, their services, services, and the results of intellectual activity posted on them, or the fact of the User's Registration (in case the User carried out such Registration).
9.6. For any claims, questions or suggestions regarding the operation of the Philharmonic's Internet resources, users can contact the Philharmonic at the e-mail address: info@meloman.ru with the subject of the letter. When applying to the Philharmonic, the User must provide documents confirming the validity of the claim, as well as indicate his registration data on the Philharmonic Internet resources.
