COPYRIGHT AGREEMENT/User Agreement (PUBLIC OFFER)
the transfer of non-exclusive property rights
to use the work
Internet-draft Radio Vesen (hereinafter the «Publisher»), offers an indefinite circle of persons (hereinafter – the Author) to conclude the present agreement (hereinafter – Agreement) on the accommodation services multimedia (audiovisual) materials submitted by the Author (hereinafter – the Work) on the website and Internet radio-stream (next, IRP) under the following terms.
This Agreement in accordance with section 2 of article 437 of the Civil code of the Russian Federation is a public offer, complete and unconditional acceptance (acceptance), which in accordance with article 438 of the Civil code of the Russian Federation is considered to be sending the Author Statements to the email address of the Publisher. The application form ison the page.
1. The subject of the contract
1.1. Sending your work to a Publisher, the Author agrees to grant editorial staff of the Publisher the right to publish Works on the Internet on the website and the IWP Publisher (http://vesen.su/). The rights transferred by the Author to the Publisher free of charge and publication by the Publisher of the Works does not involve any financial payments to the Author.
1.2. Publishing Works on the Internet involves the ability to replay Your Work in digital form over a public data network for a wide range of individuals all over the world (without limiting the number of impressions/playback Works).
1.3. Under this agreement, the Author grants the Publisher the right to use the Work in the following ways:
- reproduction of the Work
- the dissemination of Works through social sharing, and other network resources
- public display of Works
- to communicate the Work to the public by posting Works on the Internet on the website and the IWP Publisher or other means, allowing the message in digital format
- making available to the public
- import the original or copies of a Work for distribution
- to produce a translation of a Work in a digital compressed format, and technical editing of digitized Works
2. General terms of delivery of services
2.1. The publisher provides the Author only if the following conditions are met:
- The author provided the materials meet the requirements of the Offer
- The author has implemented the acceptance of the Offer
2.2. Services are provided to the Author on a reimbursable basis (the terms in the note agreement). An exception is the placement of content from authors on the order from the radio.
2.3. If the materials provided by the Author in violation of the rules and requirements of this Offer, the Publisher is entitled to refuse to place them.
2.4. The publisher during the term of the Contract is not liable for misuse of the data provided to the Author by third parties.
3. The rights and obligations of the Parties
3.1. The author undertakes to:
- to provide materials that comply with the requirements of the Offer
- to implement the acceptance of the Offer
- independently track changes to the contract on the website
3.2. The author guarantees:
3.2.1. what informed the other Co-authors of the terms of this Agreement and have obtained the consent of all Co-authors to enter into this Agreement on terms and conditions stipulated in the Agreement
3.2.2. that the publication of this Work on the website and posting in the IWP Publisher does not violate any rights of authorship, rights of the performer, does not contain borrowing, not agreed with their owners, as well as the exclusive right to the publication of this Work is not passed on to third parties
3.2.3. in accordance with the terms of this Agreement, for resources all the Publisher information, data, text, music, sounds, photographs, and other materials of the Work, for sharing and/or privately transmitted, is the Author responsible
3.2.4. all information provided by the Author should be reliable. The author is responsible for the accuracy and completeness of the transmitted them to the Publisher information. When you use false information, received from the Author, the Publisher is not responsible for any adverse consequences resulting from his actions on the basis of false information
3.2.5. In the case of submission to the Publisher’s requirements related to the violation of exclusive copyright and other intellectual property rights of third parties when placing works of, or in connection with the conclusion of the author (Co-Author) of this Agreement, the Author agrees to:
- immediately after receiving notification of the Publisher, to take measures for the settlement of disputes with third parties, if necessary, to engage in the judicial process at the Publisher and take all possible steps to exclude the Publisher among the defendants
- to compensate the Publisher incurred court costs, expenses and damages that result from the application of measures to secure the claim and enforcement of the judgment and paid to a third person amounts for violation of exclusive copyright and other intellectual property, and other damages incurred by Publisher in connection with the failure by the Author (Co-authors) guarantees provided by them under this Agreement
3.3. The author (s) entitled:
- to send to a Publisher for new Works
- the Creator of a Work owns the copyright and author’s right to the name
- at any time the Author may withdraw their submissions, writing an application to the Publisher
3.4. The publisher agrees to:
The publisher undertakes during the term of the Contract to provide on a reimbursable basis to the Author of the services associated with the publication of materials in the IWP Publisher.
3.5. The publisher is entitled:
3.5.1. The publisher reserves the right, at its own internal reasons, not to publish the Work, to stop the publication of already published Work, or to refuse a particular Author in the publication of Works.
3.5.2. The publisher is entitled to publish the required number of Works of the Author, to remove and/or replace available to the Publisher of the Work.
3.5.3. To publish information (except email addresses) entered by the Author in the application; with the consent of the Author to provide its stakeholders, including producers and record companies (including e-mail addresses).
3.5.4. The publisher reserves the right to revise and to edit any content of the Website, including by the Author, for further use and publication
3.5.5. The publisher reserves the right to use any content submitted by Author in advertising campaigns on the Website and other resources for the purpose of attracting attention to the Site or specific material of your Site. In the case of inability to use the materials for promotional purposes, the Author warns the Publisher in advance.
3.5.6. The publisher has the right to post on the website, on social networks and IRP advertising information and/or any other information for public use. The form, manner and volume of such information are subject to change by the Publisher
3.5.7. Has the right to make changes to the Offer in accordance with order Offer
3.5.8. The publisher is entitled to send to the Authors of informational messages. The publisher is not responsible for delays, failures, incorrect and/or untimely delivery, deletion and/or failure to store any user personal information
3.6. The publisher is not liable under the Contract for:
- posted Works
- any loss of the Author regardless of, could, Publisher to anticipate the possibility of such damages or not
4. Final provisions
4.1. The parties shall inform each other about changes in their addresses, Bank details, telephone numbers, Telefax numbers, e-mail address within 10 days from the date of such changes.
4.2. The parties acknowledge the legal effectiveness of documents received by: mail, Fax, email or other communication allowing authentically to establish that the document proceeds from the party to the Contract.
4.3. Any notices, communications, requests, etc. (with the exception of documents that must be sent in the form of genuine originals, in accordance with the legislation of the Russian Federation) shall be deemed received by the Author, if they were transmitted (sent) by the Publisher via the web server of the Publisher (including by publishing), by Fax, or by e-mail specified in the Application and through other channels of communication. The parties acknowledge the legal effect of notifications, messages, requests, etc., transferred to (directed) in the specified ways.
4.4. The fact of sending the Author his Work will constitute acceptance of all terms and conditions of this Copyright agreement, and in accordance with article 32 of the Law On copyright and related rights» — the conclusion of an oral contract (with the status of the public offer) on the publication of the Works of the Author on the website and the IWP Publisher.
4.5. Publisher service may contain links to other resources and promotional materials. The author agrees that the Publisher is not responsible for the availability of such resources (advertisements) and/or for their content, nor for any consequences associated with the use of the content of these resources (advertisements).
4.6. In all other respects not specified in this Contract, the parties will be guided by current legislation of the Russian Federation.
4.7. Consistently with the above, Publisher shall be exempt from liability for breach of Contract if such failure is caused by force majeure circumstances (force majeure), including: actions of public authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electricity and/or crashing of the computer network, strikes, civil unrest, riots, or any other circumstances, without limitation, that may affect the performance by the Issuer of the Contract.
5. The term of the contract
The agreement shall enter into force upon accession to the Author and is valid during the whole operating time of the IWP website and Publisher.
6. The procedure for amendment and termination of the Contract
6.1. The publisher has the right to unilaterally change the terms of this Agreement, in advance, not less than ten (10) calendar days prior to the entry into force of the amendments, notifying the Author via the web server of the Publisher http://vesen.su/ or by sending notice via email to the email address of the Author mentioned in the Request of the Author. The changes will take effect from the date specified in the relevant notice.
6.2. In case of disagreement with the changes to the terms of this Agreement in accordance with paragraph 6.1. this Agreement, the Author may send to the Publisher written notice of cancellation of this Agreement prior to the entry into force of the amendments. In the absence of written notice from the Author until the entry into force of the amendments to the Contract, changes are not accepted by the Author, and the Contract is terminated.
6.3. This Agreement may be terminated early:
- by agreement of the Parties at any time;
- on other grounds stipulated by the present Contract.
6.4. The author has the right to unilaterally withdraw from execution of this Agreement by sending the Publisher a notification in writing not less than 15 (fifteen) calendar days before the intended date of termination of the Contract.
6.5. The termination of the Agreement for any reason does not relieve the Parties from liability for breach of Contract arising during the period of its validity.
For copyright holders:
The copyright holder for the content posted on the Site without his knowledge and / or permission of discovering such content on the Site may apply to the administration Website at the following address with a request to remove such content.
When handling a request or complaint, the rights holder must specify the name of the material on the Website, the exact link to the page with the material on the Website, and also provide convincing evidence of his copyright on the material.
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Last revised: June 29, 2015