Terms of Use

Last modified: April 14, 2022

These terms of use are entered into by and between you and Individual Entrepreneur Voronkov Artem Dmitrievich, registered address at 3, 123k1, Leninskiy prospekt, Moscow, Russia, 117513 ("Company", "we", or "us"). The following terms and conditions, along with any documents expressly incorporated by reference (collectively "Terms of Use"), govern your access to and use of iOS or Android mobile application Banana Radio, depending on which version of this application is used by you ("Banana Radio App").

These Terms of Use govern your use of the Bananastreet Radio App that allows you to access individual broadcast of music ("Music") generated by the software platform owned by the Company ("Platform") from your mobile device via Internet ("SaaS Subscription Service").

2. ACCEPTANCE OF THE TERMS OF USE

By the first use the Bananastreet Radio App after its download on your device, you accept and agree to be bound and abide by these Terms of Use and our privacy policy published at https://bananastreet.ru/en/radio_privacy ("Privacy Policy"), incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, please do not use the Bananastreet Radio App and delete it from your device.

3. CHANGES TO THE TERMS OF USE

We may revise, update, modify, or discontinue any part of these Terms of Use, in whole or in part, at any time, in the Company’s sole discretion, by posting revised terms at https://bananastreet.ru/en/radio_agreement (the "Website"). We will notify you of such changes by posting the modified version at the Website or through other communications, including but not limited to push-notice, and indicating the date it was last modified. It is important that you review the Terms of Use whenever we modify them because if you continue to use the Bananastreet Radio App after we have posted modified Terms of Use on the Website, you are indicating to us that you agree to be bound by the modified Terms of Use. If you do not agree to be bound by the modified terms, then you may not use the Bananastreet Radio App anymore and it should be deleted from your device.

4. ELIGIBILITY TO USE BANANASTREET RADIO APP; ACCEPTABLE USE

4.1. You may use Bananastreet Radio App only if you are (a) capable of forming a binding contract with the Company (personally or via your legal representatives) and (b) are not barred from using the Bananastreet Radio App under applicable law. By using Bananastreet Radio App, you represent and warrant that you are of capacity to form a binding contract with the Company and meet all of the foregoing eligibility requirements.

4.2. You may not harm the Company, Bananastreet Radio App or Platform in any way or otherwise use the Bananastreet Radio App in any improper manner, including, but not limited to, hacking into the Bananastreet Radio App’s systems, spoofing or facing e-mail headers or slowing or stopping the functionality of the Bananastreet Radio App or Company' website (bananastreet.ru).

5. REGISTRATION AND YOUR INFORMATION MAY BE REQUESTED

5.1. To use Bananastreet Radio App, you may be asked to provide certain registration details or other information (your name or e-mail, for instance). Bananastreet Radio App may require you to create individual account in order to get access to SaaS Subscription Service ("Account"). You acknowledge and agree that all information you provide to register such Account is accurate, current and complete. Our use of your information is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

5.2. If creating of Account constitute a condition of use of Bananastreet Radio App, you agree that you will not disclose your Account details including password to anyone and you must notify us immediately of any unauthorized access to or use of your user name or password or in the event that any other breach of security occurs. You are responsible for all activities that occur under your Account, whether or not you know about them.

5.3. You agree that we may deny your access to and use of the Bananastreet Radio App if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated our rights or the rights of any third party, or for any other reason, with or without notice to you.

6. NO FEES FOR BANANASTREET RADIO'S LICENSE

Bananastreet Radio App may include links to Internet sites maintained by third parties ("Linked Sites"). We provide Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by us of the Linked Sites. You access Linked Sites at your own risk and by accessing them. Linked Sites are not under our control and we are not responsible for the contents of any Linked Site.

7. ACCESS TO CATEGORIES AND PLAYLISTS

7.1. The Company may at any time at its discretion include or delete music to which you may get access by using the Bananastreet Radio App. Such Categories and Playlists may be individualized basing on the music genre, state of mood or other abstract features that the Company may deem appropriate.

7.2. Your access to a particular music may be either free or subject to (and conditional upon) payment of subscription price ("Subscription") and may be limited in time as specified in Bananastreet Radio App (monthly, yearly or otherwise).

7.3. You hereby acknowledge and agree that a part of the Subscription price may constitute a sum that shall be paid via the Platform as royalties to the authors of the music samples included into Music broadcasted to you.

8. SUBSCRIPTION

8.1. If you wish to subscribe to a Premium within Bananastreet Radio App (each such subscription, a "Transaction"), you will be asked to supply certain information relevant to your Transaction including, without limitation, information relating to your payment method. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties, including banks or other financial institutions, for purposes of facilitating the completion of any Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

8.2. You agree to pay all charges that may be incurred by you or on your behalf through Transaction, at the subscription price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

9. LICENSE TO USE BANANA RADIO APP

9.1. We hereby grant you a revocable, non-exclusive, non-transferable, personal, limited, worldwide license to download, install and use Banana Radio App strictly for your personal non-commercial purposes to use our SaaS Subscription Service via your mobile device ("App License"). App License remains valid until (i) revoked by us or (ii) until these Terms of Use cease to bound you and us on whatever grounds.

9.2. For the avoidance of doubt, we do not grant to you any exclusive intellectual property rights, copyright or related rights with respect to Banana Radio App or any content you receive from Banana Radio App.

9.3. For the avoidance of doubt, you are not entitled (and you are directly prohibited) to transfer, distribute, redistribute, make available to any other person or public, publish, re-publish, export, reexport, sub-license, copy, re record, duplicate, release, reverse-engineer, disassemble, attempt to derive the source code of, modify, adapt, alter, or create derivative works of, Banana Radio App (save for open-sourced components included in Banana Radio App to the extent directly permitted by its licensing terms), or use Banana Radio App on multiple mobile devices, or otherwise use Banana Radio App in contradiction with the scope and terms of App License granted to you herein. You hereby acknowledge and agree that the Subscription price shall include the fees to be paid to us as remuneration for granting to you the App License and your use of Banana Radio App.

10. LICENSE TO LISTEN TO MUSIC BROUGHT TO YOU

10.1. We hereby grant you a revocable, non-exclusive, non-transferable, personal, limited, worldwide license to reproduce Music, broadcasted in real-time to you at respective Channel(s) to which you have duly gained access ("Licensed Music"), by means and for the only purpose of your personal non-commercial listening to such Licensed Music via your personal mobile device ("Music License"). Music License remains valid until (i) revoked by us or (ii) until these Terms of Use cease to bound you and us on whatever grounds.

10.2. For the avoidance of doubt, we do not grant to you any exclusive intellectual property rights, copyright or related rights with respect to Licensed Music or any of its parts or components, or its records or performance.

10.3. For the avoidance of doubt, you are not entitled (and you are directly prohibited) to transfer, distribute, redistribute, make available or communicate to any other person or public, publish, republish, export, re-export, sub license, copy, download, record, re-record, duplicate, release, perform, modify, adapt, alter, or create derivative works of, Licensed Music or any of its parts or components, or otherwise use Licensed Music in contradiction with the scope and terms of Music License granted to you herein.

10.4. You hereby acknowledge and agree that (i) the Subscription price shall constitute the fees to be paid to us as remuneration for granting you the Music License and your use of Licensed Music and (ii) a part of the Subscription price may constitute a sum that shall be paid via the Platform as royalties to the authors of the music samples included into Licensed Music.

11. RESTRICTIONS ON USE OF OTHER MATERIALS

The Banana Radio App and all of its contents including, without limitation, all text, software, software source code, trademarks, logos, designs, images, photographs, audio visual materials, written materials, graphical "look and feel" user interface, information architecture, functional features and layout, and any other form of material ("Application Content") is owned by us or licensed to us by third parties. The copyright and all other intellectual property rights in all Application Content are owned by us or our licensors. Your use of Application Content, which is not licensed to you by these Terms of Use, without written permission of the Application Content owner is prohibited.

12. LIMITED WARRANTY AND DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF BANANA RADIO APP IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANANA RADIO APP, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRDPARTY RIGHTS. WE DO NOT WARRANT THAT YOUR USE OF BANANA RADIO APP WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT BANANA RADIO APP OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH WE ENDEAVOR TO PROVIDE ACCURATE INFORMATION, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION IN BANANA RADIO APP. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATED OR RELATED ENTITIES OR VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE BANANA RADIO APP, OR ANY INFORMATION OR MATERIALS PROVIDED VIA BANANA RADIO APP. IF YOU ARE DISSATISFIED WITH BANANA RADIO APP OR ANY OF ITS MATERIALS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING BANANA RADIO APP.

13. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

14. LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY, ITS SHAREHOLDERS, AFFILIATES OR THEIR LICENSORS, SERVICE OR CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (CONTRACT, TORT, OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, BANANA RADIO APP, ANY CONTENT ON BANANA RADIO APP OR ANY SERVICES OBTAINED THROUGH BANANA RADIO APP INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. WAIVER

Any waiver by either you or the Company of any provision or condition of the Terms of Use shall not be construed or deemed to be a waiver of any other provision or condition of the Terms of Use, nor a waiver of a subsequent breach of the same provision or condition, unless such is expressed in writing and signed by the party to be bound.

16. GOVERNING LAW AND JURISDICTION

Hereby you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the Russian Federation, without giving effect to its conflicts of law principles (to the extent permissible under the applicable laws). You also consent to personal jurisdiction in the Russian Federation, for any dispute arising hereunder.

17. SEVERABILITY

If any portion of these Terms of Use is unlawful, void or unenforceable, the remaining provisions will remain in place.

18. ENTIRE AGREEMENT

The Terms of Use, Privacy Policy, and all additional terms you agree by using Banana Radio App, constitute the entire agreement between you and the Company with respect to the SaaS Subscription Services, Banana Radio App and Licensed Music, and supersede all prior and contemporaneous negotiations, agreements, proposals and understandings both written and oral, with respect to the SaaS Subscription Services, Banana Radio App and Licensed Music.

19. CONTACT US

If you have any questions about these Terms of Use, the Privacy Policy or the Banana Radio App, please contact us at hello@bananastreet.ru.