User Agreement

This User Agreement is an agreement between Yandex.MediaServices, LLC (hereinafter referred to as the “Yandex”) and an Internet user (hereinafter referred to as the “User”), and governs the procedure for providing services and functionality to the User on https://band.link (hereinafter referred to as the “Service”).

1. General Provisions

1.1. Yandex hereby invites the User to use the Service under the terms of this User Agreement (hereinafter referred to as the “Terms”). In all matters not covered in these Terms, relations between Yandex and the User arising out of or in connection with the Service shall be governed by the following documents:

• User Agreement for Yandex Services (https://yandex.ru/legal/rules);

• Privacy Policy (https://yandex.ru/legal/confidential).

1.2. Before using the Service for the first time, the User shall read and accept these Terms. The User’s registration in the Service shall be a confirmation of the User’s consent to all the provisions of the Terms. By starting to use the Service/its individual functions, the User shall be deemed to have accepted these Terms without any reservation or exception. If the User disagrees with any of the provisions of the said documents, the User may not use the Service. Ignorance of these Terms does not release the User from liability for violation of the Terms and/or the applicable legislation of the Russian Federation.

1.3. Yandex may amend these Terms without any special notice; revised Terms shall come into effect once posted online at the URL specified in this paragraph, unless otherwise stipulated in revised Terms. The current Terms are always available at: https://band.link/terms_eng.

1.4. If Yandex has made any amendments to these Terms as prescribed by Cl. 1.3 of these Terms, the User, in case of any disagreement with them, shall stop using the Service.

1.5. The Service is intended to promote the creativity of authors, performers, publishers, public event managers, owners of other services and/or other persons, as part of which the Service offers the User the opportunity to create landing pages for releases, concerts of the artists and reduce links, as well as the possibility of using the Service otherwise and in consistence with the provisions of these Terms. All currently available functions of the Service along with any developments and/or newly added functions are subject to these Terms.

1.6. By registering in the Service, the User confirms that by the time of registration he/she has reached the minimum age of 14 years old, while he/she undertakes to provide reliable, accurate and complete information about him/herself for the most complete and high-quality use of the Service. The username and password selected by the User during registration in the Service are necessary and sufficient information for the User to access the Service.

1.7 These Terms with respect to the Website, prohibit to:

1.7.1. Post any advertising, except where authorized by Yandex, as well as within the framework of commercial advertisement placement and advertising services provided by the Service on the terms agreed separately;

1.7.2. Post commercial offers, campaign materials, spread spam, and any other intrusive information;

1.7.3. Post any information that infringes the intellectual property rights of users or third parties;

1.7.4. Harass, oppress, insult, annoyingly bother or otherwise maliciously trouble any individual or legal entity, or other User;

1.7.5. Upload, publish and otherwise transmit the following Content:

1.7.5.1 illegal, inter alia, for the purpose of committing criminally punishable acts, containing public calls to terrorist activities or publicly justifying terrorism, containing other extremist materials, as well as Content which are promoting the cult of violence and cruelty;

1.7.5.2 offensive towards other users and third parties;

1.7.5.3 vulgar, obscene, pornographic;

1.7.5.4 of a proprietary nature or not subject to disclosure;

1.7.5.5 infringing the rights of third parties;

1.7.5.6 advertising;

1.7.5.7 containing threats, slanderous, defamatory information;

1.7.5.8 fraudulent in nature;

1.7.5.9 promoting racial, religious, ethnic hatred or enmity, any other information that violates the human and civil rights protected by law.

1.8. Yandex and the User undertake to respect the confidentiality of the information provided. The User does not have the right to provide third parties with his/her registration data (username, password). If the User’s registration data is provided to third parties, Yandex may block the User and/or suspend the operation of the Service in relation to this User.

2. Use of the Service. Certain Functions of the Service

2.1. The User may post on the Service’s website only those links, images, phonograms, as well as other objects (hereinafter collectively referred to as the Content) to which he/she has intellectual property rights.

2.2. The Service makes it functionally possible for a registered User to place Content on the Service (hereinafter referred to as the User Content) both for own use (listening) and enabling other Users of the Service to use (listen to) them, and makes it functionally possible to edit and delete any User Content posted. At the same time, the User Content shall be placed on the Service exclusively directly by the User and/or on the User’s initiative. The User is solely liable to third parties for actions performed to post and distribute the User Content on the Service. By posting User Content on the service, the User confirms and guarantees the compliance of the User Content with the requirements of applicable legislation, as well as that User Content does not violate the rights and legitimate interests of third parties, including the personal non-property rights of authors, and other intellectual property rights of third parties. The User understands and agrees that the User Content shall not violate third-party copyright and/or other intellectual property rights. The User undertakes, independently and at his/her own expense, to monitor the compliance of the User Content with legal requirements and notify Yandex of possible cases of violation of legal requirements and/or third-party rights by the User Content, as well as to settle all third-party claims related to the posting and/or editing of the User Content.

2.3. The User acknowledges and agrees that Yandex is not responsible for any User Content and has no obligation to review and somehow check the User Content posted on the Service by the User, inter alia, to make sure it complies with applicable laws, including laws on the copyright and/or related rights. The User acknowledges and agrees that he/she is solely responsible, including to third parties, for his/her actions related to the use of the Service, inter alia, if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Service. The User will be solely responsible for the compliance of the Content the User posted on service resources with the applicable legislative requirements, including liability to third parties, when the User Content or its details violate third party rights and legitimate interests, including personal non-proprietary rights of authors and other third-party intellectual rights, and/or intends to benefit from intangible values they own.

2.4. The User acknowledges and agrees that for the purposes of posting User Content on the Service, Yandex uses software interfaces (APIs) of third-party services and Yandex to display data in the Service. By posting the User Content, the User initiates the Service’s access to the API of third-party services. Yandex does not receive data from third-party services independently without the User’s instructions.
Yandex shall not be responsible for the violation of third-party rights committed as a result of displaying the User Content on behalf of the User through the API of third parties, as well as for the accuracy thereof.
The list and terms of use of such APIs and information about the User Content displayed using the same are set out below:

Service and API name

User Content

API Terms of Use/Service User Agreement

Apple Music

(Apple Music MusicKit)

Data about a music album or song that allows users to save an album or song to their library in the Apple Music service.

https://developer.apple.com/musickit/

Deezer

A link to the Deezer service with information about the music album.

https://developers.deezer.com/termsofuse

iTunes

(iTunes Search API)

Links to iTunes and Apple Music services with information about the music album, including the performer’s name, the cover of the music album, the release date, information about the performer, links to songs in iTunes and Apple Music services.

https://developer.apple.com/library/archive/documentation/AudioVideo/Conceptual/iTuneSearchAPI/index.html#//apple_ref/doc/uid/TP40017632-CH3-SW1

Napster

Link to the Napster service is in the Links module on the musician’s page. Cover of the music album on the musician’s page. Performer’s name, name of the music album and its cover on the Chart page.

https://developer.napster.com/ 

SberZvuk

Link to a music album on the SberZvuk platform.

https://sber-zvuk.com/terms

Spotify

Link to the Spotify service in the Links module of the Service. A cover of a music album, performer’s name, album name may be displayed on the Chart page or used on other pages on behalf of the User.

https://developer.spotify.com/documentation/web-api/

https://developer.spotify.com/terms/

Twitter

Description, ID, number of subscribers of the User’s Twitter account. Posts of the User’s Twitter account.

https://developer.twitter.com/en/more/developer-terms

YouTube

(Google YouTube Data API)

Videos and covers from the User’s YouTube channel, a link to the YouTube channel and information about the number of subscribers displayed in the Videos section on the User’s page.

Displaying the YouTube video player in the Service using iFrame technology.

https://developers.google.com/youtube/terms/api-services-terms-of-service-ru

https://www.youtube.com/t/terms.

VK

Name and cover of a music album, album ID in the service, number of subscribers of the User’s group in the VK service. Posts from the User’s group in the VK service.

Depersonalized data about the status of a user’s subscription to a musician’s band in the VK service.

https://dev.vk.com/rules

VK Music (Boom)

Link to a music album in the VK Music service.

https://boom.ru/terms/index.html

Yandex.Music

(Yandex.Music API)

Link to a music album in the Yandex.Music service.

https://yandex.ru/legal/music_termsofuse/?lang=ru

Yandex.Metrica

(Yandex.Metrica API)

Depersonalized analytical data about users who visited the User’s page in the Service.

https://yandex.ru/legal/metrica_api/index.html

2.5. The User also acknowledges that Yandex uses the programming interfaces (APIs) of third party services and Yandex to maintain the functionality of the Service that is not related to the display of the User Content.

A list of such APIs, terms of use and functionality thereof is given below:

Service and API name

Functionality

API Terms of Use/Service User Agreement

Cloudflare

Displaying a text editor in the control panel on the User’s page in the Service

https://www.cloudflare.com/website-terms/

Google Adwords

Getting data about the display of contextual advertising in Google services.

https://policies.google.com/terms?hl=ru

Google Fonts Material Icons

Displaying icons in the Service interface.

https://policies.google.com/terms?hl=ru

Google reCAPTCHA

Spam protection by obtaining a CAPTCHA input key.

https://developers.google.com/terms

Google Tag Manager

Site traffic analytics.

https://marketingplatform.google.com/about/analytics/tag-manager/use-policy/

SendGrid

Sending emails to users.

https://docs.sendgrid.com/api-reference/how-to-use-the-sendgrid-v3-api/authentication

https://www.twilio.com/legal/tos

Telegram Bot API

Function of sending messages to a User via Telegram Service chats.

https://core.telegram.org/api/terms

TikTok pixel

Advertising analytics functions.

https://www.tiktok.com/legal/tik-tok-developer-terms-of-service?lang=en

VK Retargeting

Advertising analytics functions.

https://dev.vk.com/rules

Yandex.Mail

Sending emails to users.

https://yandex.ru/legal/mail_termsofuse/?lang=ru

2.6. Yandex shall not be responsible for the operation of third-party APIs and services. The rights and obligations of Users in connection with the use of such APIs and services are determined by their user agreements and/or terms of use.

The processing of personal data of persons that may be carried out when using third-party APIs and services is also regulated by their user agreements and/or terms of use. Yandex is not a data controller with respect to such personal data or a person entrusted with the processing of such personal data.

2.7. By posting User Content on the Service, the User grants Yandex, on the terms of a gratuitous simple (non-exclusive) license, the rights to use such User Content by including the same in the Service, as well as the subsequent use of the User Content as part of the Service as a complex object provided for in Article 1240 of the Civil Code of the Russian Federation, by any means provided for by the applicable legislation, including reproduction, distribution, processing (archiving, compression, technical editing, etc.), as well as making the User Contents available as part of the Service via the Internet without restriction on the territory of use and for the entire duration of the exclusive rights to the relevant User Content. If there are any trademark in the User Content provided by the User to Yandex, the use of such trademarks shall be for informational purposes only and shall not be recognized as the use of trademarks within the meaning of the legislation of the Russian Federation on trademarks, including Art. 1484 of the Civil Code of the Russian Federation. In the event that the User Content has not been made public by the time the same is posted on the Service, the User allows Yandex to publish the User Content. By placing the User Content on the Service, the User confirms having respective authority and powers to grant the said rights to the placed User Content to Yandex. The User agrees that the User Content posted by him/her within the Service may be used by Yandex in advertising or marketing materials posted by Yandex on the Internet to attract the attention of other users to the Service, if there is no direct prohibition from the copyright holder of such Content. Yandex may use the relevant User Content both with the name of the author of such User Content and without specifying the name of the author. At the same time, the username of the User who posted the User Content may be indicated as the author’s name/alias. If the User may not license any User Content to Yandex in either way, the User shall refrain from posting such User Content on the Service.

2.8. The User is aware, acknowledges and agrees that Yandex has the right (but not the obligation) at its sole discretion, to refuse the User to post and/or distribute any User Content and/or to remove, at its sole discretion and without explanation, any User Content posted by the User on the Service, inter alia, in case of non-compliance by the User with any of the provisions of this paragraph, as well as in case of a breach by such User Content or the User of the Terms hereof or any legal requirements. In addition, Yandex reserves the right to suspend the User’s account, inter alia, if Yandex has reason to believe that the User does not have the rights to use the User Content to the extent sufficient for him/her to accept these Terms.

2.9. Rights to all objects that make up the design of the Service as a whole and its individual elements, to the Band.Link computer program designed to display landing pages of releases, concerts, the artist, as well as abbreviated links posted on the Service, as well as to the database, which is a collection of the Content posted on the Service (hereinafter referred to as the Database), belong to Yandex.

2.10. All the Content are for personal non-commercial use only to the extent the Service may technically provide. It is prohibited to copy, reproduce, process, distribute, make publicly available, or otherwise use the Content or the Database beyond the capacity of the Service, and to use the same for any commercial purposes.

2.11. Yandex reserves the right to regulate, limit, and restrict (technically, legally, organizationally, etc.) the use of the Service as a whole or any Content and can change such regulations, limits, and restrictions as it thinks fit, with no prior notice given to the User. The said regulations, limits, and restrictions can be different for different categories of Users.

2.12. The Service provides the User with the possibility of posting information on the landing pages regarding the planned entertainments and cultural events, and enables the purchase of e tickets to visit entertainments and cultural events.

2.13. The User agrees that playlists, other compilations of, or links to the Content the User creates and/or places through the Service are not collections as defined in Article 1260 of the Civil Code of the Russian Federation, are not protected as intellectual property, and may be available to other users of the Service for the view, if the User wishes so. Yandex shall not be held liable for any use of such collections or links by third parties.

2.14. Yandex reserves the right, at its sole discretion and without explanations, to limit the User’s access to the Service (or its particular functions, if technologically feasible) using their account, or completely block the User’s account, inter alia, in case of repeated non-compliance with these Terms, or take other measures against the User in order to comply with legislative requirements or respect third-party rights and legitimate interests.

2.15. The User undertakes to comply with all the requirements of the applicable legislation on personal data, and also guarantees that in the case of posting personal data of third parties on the Service, the User has obtained all the necessary authorizations for processing such data and such third parties are notified of the processing of their personal data (if such notification is required by applicable law). The User shall be solely and fully responsible for compliance with the requirements of the applicable legislation on personal data, and hold Yandex, its affiliates, partners and/or counterparties harmless against any claims from third parties (in particular, site visitors, authorized state bodies).

2.15.1. Using the functionality of the Service, which provides for the placement of retargeting pixels, the User undertakes to be solely and fully responsible for compliance with the requirements of applicable law (including, but not limited to, personal data law) and the rights of third parties, and hold Yandex, its affiliates, partners and/ or counterparties harmless against any claims from third parties (including website visitors, as well as authorized state bodies) regarding the operation of this functionality, which involves the collection of data from site visitors. Yandex does not determine the purpose of processing of such data and is not responsible for it.

2.16. Any and all questions, requests and claims related to the use/unavailability of the Service and possible infringements of laws and/or third-party rights shall be forwarded via the feedback form available at: https://band.link/contacts. For the appeals of copyright holders in connection with the alleged infringement of copyright and/or related rights, please, use the form available at: https://band.link/contacts, as well as instructions available in the Help section of the Service at https://info.band.link/help.

3. Yandex Details:

3.1. Yandex.Mediaservices LLC
Location: 82 Sadovnicheskaya str., build. 2, office 10A05, Moscow, 115035, Russia, OGRN: 1187746644920, INN: 9705121040 / KPP: 770501001

3.2. Address for correspondence and claims: info@band.link.