Виконавці / Альбоми / Всі Пісні / Нові Пісні / Топ 100 / Нові Альбоми / Нові Гурти / Слухають / Радіо


Article 1. DEFINITIONS

ARTIST designates an owner or the representative of an owner of copyrights and/or related rights in the Works.

TERMS AND CONDITIONS OF USE: designates these Terms and Conditions, which the Member has accepted upon his registration, as well as any future modifications.

ILLICIT CONTENT designates any content (text, voice, image, sound, etc.) of such a nature as to infringe on any recognized rights of third parties (whether they are natural persons, legal entities, groups or community…) regardless of the applicable legislation. Any content that might infringe on literary or artistic property rights or strictly personal rights, as well as any content that might constitute an apologia for war crimes, crimes against humanity and, more generally, any form of discrimination against one or more categories of persons is particularly deemed to be illicit content.

VULYK designates a range of Services offered to the Members free of charge on the www.Vulyk.com Site.

MEMBER designates one or all of the Users, whose registration for the Services proposed by VULYK has been validated and confirmed.
USER designates any person using the VULYK service.

WORK (S) designates the musical works provided to Users. A free distribution license – for example CC – determines the modes for the exploitation of each Work.

PROFILE designates the Member’s personal web page, which contains a number of informational items regarding this Member that he or she may supplement as needed.

SERVICES designates all of the Services made available to the Users of VULYK.


Article 2. REGISTRATION

2.1 Modes

A person who desires to have access to and use the services offered by VULYK may be registered and identified as a Member.

By ticking off the box “I have read the terms and conditions of VULYK service, and I accept them”, you acknowledge being informed of the content of these Terms and Conditions and you commit to comply therewith.

For proper registration with VULYK, you must fill out all of the mandatory spaces required in the registration form.

This registration gives you access to your Profile and to all VULYK Services.

2.2 Use of identifier and password

The identifier and password are strictly private, and under no circumstance will they be shared with or communicated to third parties.

This identifier and password permit you to access the Services offered by VULYK, as well as to your Private Profile.

The items of identification are placed under the responsibility of each Member, who must use them in accordance with these Terms and Conditions of Use.

Each Member guarantees VULYK against any wrongful use of, and/or source of injury from, his items of identification, whether or not fraudulent, due to his own acts or omissions or to those of third parties. VULYK states that it is not required, and does not have the technical means, to verify the identity of persons subscribing to its Services. VULYK disclaims all liability in the event of usurpation of elements of Members’ identification and/or identity.

If a Member becomes aware of or suspects a fraudulent use, he must immediately advise VULYK by sending an e-mail to contact@Vulyk.com

Article 3. USE OF SERVICES

VULYK gives access to a number of services, some of which may be reserved only for Members:
Listening to Works by streaming or downloading them;
Constitution and management of play lists;
Choice of widgets to export the music to other web pages;
Private messaging with the other Members of VULYK;
Discussion forums;
The ability to express your Opinion regarding the Works.

3.1 Technical information

The Works can be downloaded in the mp3 or OGG Vorbis format.

The downloading of Works may require use of third party software.

VULYK cannot ensure that the site will function without interruption and errors or that access to Services will be guaranteed, particularly in the following cases:
- faulty use of the Site due to unsuited equipment ;
- malfunctioning imputable to your Internet service provider;
- footprint of the Internet network.

VULYK may temporarily suspend exploitation of Services in order to improve them or carry out maintenance operations.

If the situation permits, VULYK will make every possible effort to inform you in advance.

3.2 Obligations of the User

VULYK is a distributor of musical works that offers you various services such as discussion forums and an internal messaging service.

To use VULYK services, you are required to accept the terms and conditions thereof. Otherwise, you cannot use them.

You accept the terms and conditions of use:
Either, upon your registration, by ticking off the box “I read the terms and conditions of VULYK service, and I accept them”, thereby acknowledging that you are aware of the content of these Terms and Conditions and commit to comply therewith
Or by using VULYK services.

3.2.1 Use of Works

By clicking on that icon, you will know the conditions under which the ARTIST and VULYK authorize you to use his Work.

You commit to strictly comply with the terms and conditions of use and, more generally, to refrain from infringing on the ARTISTS’ intellectual property rights.
If you think that a Work might be a plagiarism or an obvious forgery of another work, whether or not provided by VULYK, you commit to refer such matters to VULYK by sending an e-mail to info@Vulyk.com.

3.2.2 Use of discussion forums and internal messaging service

In general, you commit to post reasonable remarks and to behave in an upright manner vis-à-vis VULYK, its partners, and all of the Members.

You also commit to comply with the intellectual property rights related to the Content to which you have access when using the Services.

You agree that any text, information, data, hypertext link, music, photograph, drawing, video, message, tag or any other materials transmitted in your Profile and/or during your exchanges within the forums or on the messaging service are distributed to the Members under your own responsibility.

In the context of the forum or internal messaging service, all subjects may be freely broached and discussed; but the exchanges must be reasonable.

You therefore commit to conduct yourself in a reasonable and respectful way and, most particularly, to refrain from:

posting, imitating, indicating or distributing in any form information that may directly or indirectly harm any third party (natural person, legal entity or group of persons) ;
issuing, distributing or passing on information of such a nature as to be slanderous, insulting, obscene, immoral, offensive, violent or provocative of any form of political, racist or xenophobic violence (physical, verbal or moral)and, more generally, in violation of the laws in effect;
distributing any personal information and/or Content regarding a Member or any third party without his or her express consent ;
posting, distributing or passing on any content in whole or in part, whether alone, integrated or in association with other Content, that infringes on the intellectual property rights of its author and/or successors-in-title;
posting, distributing or passing on information or Content, or using technologies of such a nature as to diminish, disorganize and/or prevent the normal circulation of Services, such as software, viruses, repetitious sending of messages….

You commit to advise VULYK of the presence of any remark, message, Content and/or hypertext link that does not meet the aforesaid requirements by sending an e-mail to contact@Vulyk.com.

You have the right to access, modify, change or delete your data. You may request that your contributions to the forums be eliminated by sending an e-mail to contact@Vulyk.com.

3.3 Links and Content

Content at your disposal may include hypertext links to websites other than the VULYK site or to other Internet sources.

As VULYK cannot exert control over all of these sites, it disclaims all liability for the nature and/or use of the Content thereof.

If you desire to use the content of these sites, you must take cognizance of the terms and conditions of use thereof.

3.4 Private blogs and pages

VULYK confers on you the right to insert in your blog or private pages a software application comprised of a code, widget or player, for the reading of one or more Works.

In addition to the fact that said insertion and the terms and conditions for distribution of Works must be in conformity with the provisions of the designated Vulyk licenses and the present Terms and Conditions, they must also be in conformity with the recommendations of your blog host.

You guarantee VULYK against, and hold it harmless from, any recourse of any third party regarding any complaint and/or action related to the insertion and/or distribution of Works.


Article 4. PRIVACY AND PROTECTION OF MEMBER’S DATA

This site has been subject to a declaration with the national Commission for Data Protection dated 25 /08 /2005.

Collected data may be retained for one year after your latest connection.

You alone decide whether to provide Members with information regarding your privacy in the forums, or information that you give with respect to your Profile, in compliance with the rules set forth in the foregoing article.

If the use of said information by third parties is injurious to you, you may not hold VULYK liable in that regard.


Article 5. INTELLECTUAL PROPRIETY

Except for elements of intellectual property related to the Works, VULYK alone is the owner of the intellectual property rights in the trademarks, patents, logos, graphics, photographs and animations contained in the Site, which elements cannot be reproduced without the express authorization of VULYK and/or its partners.


In that regard, VULYK grants you a license that is strictly limited for access, downloading, printing, reproduction on all media and utilization of the aforesaid elements for your private use, in the context and for the period of your registration in the Services.

By remitting Content of any nature whatsoever to VULYK, you grant it a license for distribution thereof on the site to the other Members.

Hence, you authorize VULYK to reproduce, represent, translate, digitize and use all of the Content and information that you provided in the Services, whether or not for advertising and commercial purposes.

You also authorize VULYK to grant all of these rights to any third parties or partners, which they shall exercise pursuant to these Terms and Conditions of Use.

You further authorize VULYK to modify said Content in order to adapt it to the Services’ graphics.


Article 6. LIABILITY

In the event of failure to comply with any of the obligations specified herein, VULYK may, without prior notice, close your account and block access to your Private Space. VULYK may also initiate legal actions against you.

In the event of a claim, complaint or legal action due to the Members’ acts or omissions that directly or indirectly contravene these terms and conditions of use, VULYK may pursue the liability of the Member (s) who is the source thereof.

You have been informed, and have declared your agreement, that the information and Content that you put on line will be made available to other Members, who may make use thereof pursuant to the Terms and Conditions of Use.

If you consider that said information and/or Content is distributed in a way that does not comply with the General Terms and Conditions, you cannot pursue VULYK for not initiating a legal action against the Member and/or any person who, in your opinion, is responsible for this nonconforming distribution.


Article 7. APPLICABLE LAW

These terms and conditions of use are governed by the laws of Sealand.
Any dispute regarding their construction or departure there from shall be submitted to the competent courts of Sealand.


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