Terms of Use

This offer (hereinafter referred to as the ‘Offer’) is addressed to individuals and represents the official public offer of the Banana Media Ltd and/or Individual Entrepreneur Voronkov Artem Dmitrievich to conclude an Agreement for the use of the Bananastreet Resource (hereinafter referred to as the ‘Agreement’) in accordance with clause 2, Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as the RF CC). The Agreement will be deemed concluded and will come into force from the moment an individual takes all actions in accordance with the Offer, meaning unconditional acceptance of the terms of the Offer without any exemptions or restrictions on the terms of accession.

1. Terms and Definitions

Administration – the Banana Media Ltd, registered in Moscow, Leninsky Prospekt, 123-1-3, 117513, Primary State Registration Number 1127747045612 and/or Individual Entrepreneur Voronkov Artem Dmitrievich (Primary State Registration Number of Individual Entrepreneur: 321774600649082), acting in the person of its representatives.

Account – a User account created at the moment of authorization on the Resource, allowing the Administration to verify (authorize) each User using a unique username and password. The username and password for accessing the Account are determined by the User upon authorization on the Resource and can be altered by him in the order described in the Offer or in the specialized sections of the Site.

Pro-account (Pro) – an account of a DJ that allows to use additional functions of the Resource in accordance with the terms of the Offer.

Premium-account (Premium) – an account of a User who is not a DJ, allowing the use of additional functions of the Resource in accordance with the terms of the Offer.

Agreement – a contract between an individual (a User) who has accepted the terms of the Offer in the order determined by it and on its terms.

User – an individual who has accepted the terms of the Offer, has authorized on the Resource and uses the Resource according to the type of the Account provided to him.

DJ – a user who, on the terms of the Offer, is provided with a Pro-account and acts as the author and / or the copyright owner of the posted Content.

Content – the designs, illustrations, images, texts, videos, audio (music, sounds) and other objects posted on the Resource resulting from an intellectual activity or not, the rights to which belong to the Administration, Users or other persons.

Mobile application (App) – a specialized software available for the User to install on a Device, distributed through the services of Apple (AppStore) and Google (Google Play) companies.

Bananastreet Resource (the Resource) – a website at https://bananastreet.ru/ run by the Banana Media Ltd and/or Individual Entrepreneur Voronkov Artem Dmitrievich and in the Administration’s Mobile applications. The Resource and the Administration’s Mobile Applications are not the mass media.

2. General Provisions

2.1. The User is obliged to get fully acquainted with the terms of the present Offer before authorization on the Resource. User authorization means his complete and unconditional acceptance of the terms of the present Offer in accordance with Articles 438, 12861 of the RF CC.

2.2. On the Bananastreet Resource intellectual property rights are respected and protected. The use of copyright objects without the consent of the copyright owner is allowed only in cases prescribed by law.

2.3. The User posting Content on the Bananastreet Resource represents and defends on his own his interests concerning placement of the specified Content in relations with third parties.

3. Subject of the Agreement

3.1. This Agreement determines the terms of use of the Bananastreet Resource, as well as the rights and obligations of its Users and the Administration. In the Offer the Administration and the Users are collectively referred to as the ‘Parties’ and individually referred to as the ‘Party’.

3.2. In accordance with the terms of the Agreement, the Administration undertakes to provide the User with access to the Bananastreet Resource and the use of its services according to the type of the User’s Account, including the right to post Content on the Resource (text information, audio, video and photo materials in the format established by the Administration (jointly referred to as the ‘Materials’)), as well as hyperlinks to Materials posted on the Resource or on other information resources (hereinafter referred to as the ‘links’).

4. User Rights

4.1. The User has the right to:

4.1.1. authorize with an Account for free by creating a special username and a password and filling out a registration form indicating complete, reliable and relevant data, update it;

4.1.2. freely search and obtain information, Materials and links on the Bananastreet resource in any legal way, and watch (listen to) the Content of the Administration or Materials of other Users posted on the Resource without loading it into the memory of a Device;

4.1.3. for a fee set by the Administration get a Pro-account or a Premium-account to use additional services;

4.1.4. take other actions in compliance with the rules established by the Administration.

4.2. The Premium-account User, in addition to the rights listed in clauses 4.1.1 - 4.1.5 of the Offer, has the right to:

4.2.1. reproduce (copy) certain Materials by loading a file into the memory of a Device;

4.2.2. watch (listen to) Materials loaded in accordance with clause 4.2.1. of the present Offer for personal (family) use without the right to publicly reproduce it and derive benefit from it;

4.2.3. hide information about their Premium-account from other Users.

4.3. The Pro-account User (hereinafter referred to as the ‘DJ’), in addition to the rights listed in clauses 4.1.1 - 4.1.2, 4.2.1 - 4.2.2. of the Offer, has the right to:

4.3.1. upload Materials to the Resource (copy Materials) in the amount and in the formats established by the Administration;

4.3.2. require the Administration to “hide” all the information and Materials provided by him and his own Pro-account from other Users;

4.3.3. use the “Promotion” service and other additional services, including those provided for an additional fee and offered to the DJ in the corresponding sections of the Resource, containing the description and the cost of the service;

4.3.4. view statistics on the use of the Material loaded by the DJ via Pro-account;

5. User Obligations

5.1. The User undertakes:

5.1.1. to observe the regulations of the current legislation of the Russian Federation, the Agreement and other special rules established by the Administration and regulating the relationship between the Administration and the User when using the Resource;

5.1.2. to ensure the confidentiality of the authentication data (the username and the password) and inform the Administration about an unauthorized access to the Account and / or about unauthorized use of the User’s login and password;

5.1.3. not to post Content (including links to information and Materials) on the Resource that may violate the rights and interests of third parties;

5.1.4. not to load, transfer or post Content on the Resource if he does not have the right to perform such actions, acquired or transferred to him in accordance with the legislation of the Russian Federation;

5.1.5. not to mislead other Users and the Administration regarding his identity, including by using the username and the password of another authorized User;

5.1.6. not to upload, store, post, distribute, provide access or otherwise use any Content (information, Materials, links to them) which:
– contains threats, discredits, insults the honor and dignity or business reputation, violates the privacy of other Users or third parties;
– violates the rights of minors;
– is vulgar or indecent, contains obscene language, pornographic images and texts or scenes of sexual nature involving minors;
– contains scenes of violence or cruelty to animals;
– contains a description of means and methods of committing a suicide, or any incitement to commit it;
– popularizes and / or incites to racial, religious, ethnic hatred or enmity, propagates fascism or the ideology of racial superiority;
– contains extremist materials;
– propagates criminal activity or contains advice, instructions or guidelines for committing a crime;
– contains restricted information, including, but not limited to, state and trade secrets, information about the private life of third parties;
– advertises or describes the attractiveness of the drug use, including the “digital drugs” (the audio files that affect the brain with binaural beats), contains information on the distribution of drugs, recipes for their manufacture and tips for their use;
– violates the legislative regulations on advertising and on the protection of children from information, harmful to their health and development;
– is of a fraudulent nature;
– violates other rights and interests of citizens and legal entities or the legislative regulations of the Russian Federation.

5.1.7. to use the Content (including Materials) in strict accordance with the terms of the Offer;

5.1.8. to assess beforehand the legality of posting information and materials (including, but not limited to, images of other people, other people's texts of various contents, audio, video and photo materials);

5.1.9. to provide the posted information and the Materials, the creator and / or copyright holder of which the User is not, with reliable data about the copyright holder of the information and the Materials or about another person disseminating information and Materials in the form and amount which are sufficient to identify such a person;

5.1.10. if necessary, to accompany the posted Content with marking provided for by the legislation on the protection of children from information, harmful to their health and development;

5.1.11. to refrain from taking action, including posting information, materials or giving access, in case of doubt over their legality;

5.1.12. in case of the User’s disagreement with the terms of the Offer (Agreement) or amendments to it, the User is obliged to refuse to use it, informing the Administration about that in due course, or delete the personal Account and the posted Content by himself. In case of early removal of the Account, the money payed by the User for the services of the Administration is not returned;

5.1.13. to pay for the Administration’s services (additional functions of the Resource, provision of Pro-accounts or Premium-accounts, the “Promotion” service, etc.) by the methods available on the Resource, including setting the “automatic payment”— payments accepted in advance for continuing services (Pro-subscription to Pro-accounts and Premium Subscription to Premium-accounts). The Administration’s service for the provision of Pro-accounts and Premium-accounts will be considered rendered at the moment of giving access to the services of the Pro-account or Premium-account.

5.1.14. to bear other obligations provided for by the Agreement.

6. The User is Not Entitled to:

6.1. illegally load, keep, post, disseminate, give access to or otherwise use the intellectual property of other Users and third parties;

6.2. use the software and take actions aimed at disrupting the normal functioning of the Resource;

6.3. upload, keep, post, disseminate, give access to or otherwise use viruses and other malicious software;

6.4. get access to the account of another User by any means, including, but not limited to deception, breach of trust, hacking;

6.5. carry out illegal collecting and processing of personal data of other people;

6.6. transfer the Account information to third parties.

7. Administration Rights

7.1. The administration has the right:

7.1.1. at its discretion to create, modify, cancel the terms of the Offer (Agreement);

7.1.2. to determine the format and volume of the uploaded Materials, as well as the requirements for their placement;

7.1.3. to provide users with paid services, in particular, the provision of Pro-accounts and Premium-accounts, “Promotion” services, as well as other services at the discretion of the Administration and at the cost indicated by the Administration in the corresponding sections of the Resource;

7.1.4. at its discretion to restrict access to any information and / or Materials (including links to them) posted by the User; delete information and / or Materials (including links to them) posted by the User;

7.1.5. to block and / or delete the User Account in case of violation of the terms of the Agreement or in case of a claim by third parties, copyright holders for the unlawfulness of posting the Content;

7.1.6. if the User posts the Content, the distribution of which is limited or prohibited by law, to issue a warning to the User and delete such Content, or delete the User Account, or apply several measures at the same time;

7.1.7. to refuse to authorize an Account to a User whose Account was previously deleted for violation of the terms of the Agreement;

7.1.8. to attract third parties to receive the money for the provision of paid services and the provision of additional functions;

7.1.9. not to provide paid services and / or additional functions before the remittance of the money to the account of the Administration;

7.1.10. when deleting the User’s Account and / or Content from the Resource, the rights of the Administration stated in clause 9.1.3 of the Offer are reserved and are valid within the validity of the exclusive right to such Content in relation to archival copies of the Content kept by the Administration;

7.1.11. to process the personal data of Users in the order determined by the Agreement, including the use of images of certain Users by posting them on the Resource along with giving information about such Users, both publicly available and available to the Administration;

7.1.12. to request and verify information about DJs and other Users, both posted in open sources, and directly by the Users, including during authorization on the Resource;

7.1.13. to request documents confirming the legality of the used / posted Content (including the Content used as part of a derivative, complex or composite work);

7.1.14. to collect, use, transfer to third parties and otherwise process cookies, digital profiles, data about the behavior of Users, information about IP addresses and other information that is not related to the personal data of the Users and is available to the Administration;

7.1.15. upon receipt of requests from third parties, including would-be copyright holders, government bodies (law enforcement, controlling bodies etc.) and organizations, to request from the Users any information regarding the use of the Resource and the placement of Content, and to provide the specified information to the requesting parties (including the personal data of the Users);

7.1.16. to claim for the losses caused to the Administration by the actions of the User, including fines on the Administration, reimbursement of damage by the Administration to third parties, etc.;

7.1.17. to retain the money paid by the User as a fine when deleting the User Account and / or the Content posted by them in connection with the actions / activities of the User that violate the terms of the present Agreement.

8. Administration Obligations

8.1. Administration undertakes to:

8.1.1. protect the User Account from unauthorized access, destruction of the information and / or Materials posted by the User (including links to them), as well as from other illegal actions by all technical means at its disposal;

8.1.2. provide access to the Resource, as well as render services in strict accordance with the existing legislation and the terms of the Agreement;

8.1.3. bear other responsibilities stipulated in the Agreement.

9. Terms of Use of the Content

9.1. Intellectual rights to the Content posted on the Resource.

9.1.1. All Content (information and Materials) posted on the Resource, including text, images, audio, video, and other objects and their collections, are the objects of exclusive rights of the Administration, Users and third parties - copyright holders. All rights to the Content are reserved.

9.1.2. Except for the cases established by the present Agreement and the current legislation of the Russian Federation, no Content may be copied (reproduced), processed, distributed, published, downloaded, transmitted, sold or otherwise used in whole or in part without the copyright holder’s prior authorization, except for cases when the copyright holder expressly consented to the free use of the Content by any person.

9.1.3. The User, posting on the Resource the Content legally owned by him, assures the Administration that the former has exclusive rights to the Content and the conclusion of the Agreement does not violate the rights of third parties. The User provides the Administration with a non-exclusive right to use it free of charge in the whole World for the entire period of the exclusive right by:
– watching (listening to) the Content using the technical means of the Resource with the right to transfer, by sub-licensing, this right to Users;
– reproducing (making copies) of the Content in the computer memory (on the server hardware of the Administration), as well as on Devices with the right to transfer, by sub-licensing, this right to Pro-account and Premium-account Users;
– copying the Content with a view to put in order and facilitate the publication and storage of the Content on the Resource, as well as for archiving;
– processing Material (translation, adaptation, modification) to the necessary for playing or reproducing format (including the printing of copies), as well as for the popularization and promotion of the Resource, to create derivative works or to insert the User’s Content as a component in the corresponding collections, to make other actions that serve the achievement of this goal;
– transferring the rights of use to Users on the basis of the present Agreement by sublicensing solely for the purpose of personal non-commercial use, except for cases where such use violates or may violate the Copyright Holder’s interests protected by law;
– distribution of Content, including for a fee or for free;
– public display of the Material, that is, any demonstration of the original or a copy of a work directly or on a computer screen of other technical means;
– public performance of the Material, that is, its presentation with the use of technical means (radio, television and other technical means);
– broadcasting the Material, that is, transmitting the Material in public by radio, with transmission meaning any action by which the Material becomes available for hearing and (or) seeing, regardless of its actual perception by the public;
– transmitting the Material by cable, that is, transmitting the Material in public by radio, the Internet, television by cable, wire, optical fiber or similar means;
– bringing the Material to the public in such a way that any person can get access to the work from anywhere and at any time at their discretion (bringing the Material to the public).

9.1.4. The Administration has the right to use the Content in the ways listed in clause 9.1.3. of the Agreement and provides the Users, exercising its rights as a sub-licensor, with the opportunity to use the Content on the basis of a simple (non-exclusive) license in the following ways:

– to all Users: viewing (listening) using the technical means of the Resource;
– to Pro-account and Premium-account Users: reproduction of Content (making copies) in the computer memory (on the server hardware of the Administration), as well as on Devices;
– the rights specified in this clause are limited solely to the purposes of personal, non-commercial use.

9.1.5. Use of the Content by the User, access to which is obtained exclusively for personal non-commercial use, is allowed provided that all copyright signs (copyrights) or other signs of authorship are preserved, the author’s name and the work are kept unchanged.

9.1.6. Apart from his own Content, the User is not entitled to download or otherwise make public (post on the Resource) the Content of other resources, websites, databases and other products of intellectual activity in the absence of an express consent of the Copyright Holder to such actions.

9.1.7. Any use of the Resource or the Content, beside the permitted one in the present Offer, or in the case of the express consent of the copyright holder to such use, without the prior written consent of the copyright holder is prohibited.

9.1.8. Unless otherwise expressly established in the Offer, nothing can be considered as a transfer of exclusive rights to Content.

9.2. Sites and Content of third parties.

9.2.1. The Resource contains (or may contain) links to sites of third parties on the Internet (third-party sites), as well as to texts, images, audio, video, and other objects and their collections owned by third parties or coming from third parties (Content of third parties), resulting from intellectual activity and that are protected in accordance with the legislation of the Russian Federation.

9.2.2. The indicated third parties and the Content of third parties are not checked by the Administration for compliance with any requirements (credibility, completeness, reliability, etc.). The Administration is not responsible for any information posted on third-party sites that the User accesses via links on the Resource, or for third-party Content, including, but not limited to any opinions or statements expressed on third-party sites or in third-party Content.

9.2.3. Posted on the Resource links or guides for downloading files and / or installing third-party programs do not mean support or approval of these actions by the Administration.

9.2.4. If the User decides to leave the Resource and go to the websites of third parties or use or install third-party programs, he does it at his own risk and from that moment the Agreement no longer applies to the User. In further actions, the User should follow the applicable rules and regulations of those whose Content he intends to use.

9.2.5. The User is aware and agrees that the information, Materials and other Content posted by him may be used by search engines or other automated services and by other means; appear in search results, targeted advertising.

9.2.6. The Administration is not responsible for the divergence of the results expected by the User from using the Resource.

9.2.7. In a force majeure situation (hostilities, state of emergency, natural disaster, etc.), the Administration does not guarantee the safety of information and Materials and other Content posted by the User, as well as the uninterrupted operation of the Resource.

9.3. For the purposes of this Agreement, the terms of use of the Content on the Resource are applied in a similar way to the terms of use of the Content in the Mobile application (on the Device).

10. Obligations of the Parties

10.1. In case of placement or other use of information by the User, Materials and / or other Content, the distribution or use of which is limited or prohibited by federal laws, violates the intellectual property or other rights protected by law, the User bears full responsibility for its placement.

10.2. The Administration provides technical opportunities to use the Resource by the Users, while it does not control and is not responsible for the acts or omissions of any persons in relation to the use of the Resource.

10.3. The information system and software of the Resource has no technical solutions that automatically censor and control the actions and information relations of Users regarding the use of the Resource.

10.4. The Administration is not involved in preliminary moderation or censorship of User Content and takes actions to protect the rights and interests of individuals and to ensure compliance with the requirements of the legislation of the Russian Federation only after an interested person contacts the Administration in due course.

10.5. The User bears personal responsibility for any Content or other information which he loads or otherwise makes public (posts) on the Resource or with its help, or uses the Content available on the Resource.

10.6. The administration has the right, but is not obliged to monitor the presence of prohibited Content and may delete or move (without warning) any Content or User Accounts at its own discretion, for any reason or without reason, including the movement or removal of Content without any restrictions, which, in the opinion of Administration, violates the terms of the Agreement, the legislation of the Russian Federation and / or may violate the rights, cause harm or threaten the safety of other Users or third parties.

11. Validity of the Agreement

11.1. The Agreement comes into force upon authorization of the User on the Bananastreet Resource and is valid for an indefinite period.

11.2. In relation to the functioning and development of the Resource, the Administration follows the legislation of the Russian Federation, the present Agreement and other special rules (published on the Resource), which are developed or can be developed and accepted by the Administration in order to regulate the provision of certain services to Users.

11.3. By signing the Offer, the User agrees to the processing of his personal data, including, but not limited to: name, “stage name”, email address, hyperlinks to pages of accounts in “social networks”, IP-addresses of access to the Resource. Processing of personal data is carried out by collecting, systematizing, storing, blocking, clarifying, depersonalizing, transferring to third parties, distributing, destroying, with the name and “stage name” posted on the Resource openly and available for viewing to other Users.

11.4. By signing this Offer, the User agrees to the distribution of information messages, including advertising, on behalf of the Administration or partners of the Administration using the User’s email addresses or other contact information.

11.5. No provisions of the Offer give the User the right to use the company name, trademarks, domain names, logos, etc. of the Administration. The right to use a company name, trademarks, domain names, logos, etc. of the Administration may be provided only with the written consent of the Administration.

11.6. The present Offer (Agreement) may be amended and / or supplemented by the Administration unilaterally without any special notice to the User. The current version of the Agreement is available on the Internet at http://bananastreet.ru/agreement. The Administration recommends that Users regularly monitor amendments and / or additions to the terms of the Offer (Agreement). Continued use of the Resource after the amendments and / or additions to the terms of the Offer means acceptance and consent of the User with such amendments and / or additions, including amendments to the terms of the Agreement, previously concluded by the User.

11.7. The agreement is regulated and interpreted in accordance with the laws of the Russian Federation. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of the Russian Federation.

11.8. In case of any disputes or disagreements, arising out of to the execution of the Agreement, the User and the Administration will do their utmost to settle them through negotiation.

11.9. To settle the disputes, the User has the right to use the "Feedback" or "Contacts" form provided on the Resource, or send an official appeal to the Administration (see the "Terms and Definitions" section of the Offer).

11.10. In case the disputes are not settled through negotiations, they shall be settled in the manner established by the current legislation of the Russian Federation in court at the location of the Administration.

Version 3. Date of publication: November 1, 2021