FLAT.AUDIO — User agreement

User Agreement

To use FLAT.AUDIO, you must read this User Agreement and accept its terms.

This User Agreement (hereinafter referred to as the User Agreement or the Agreement) governs the rules under which a User may use the website located at https://flat.audio (hereinafter referred to as the Website), the Mobile Applications, or other software products of the Company, for the purpose of obtaining access to the Service and the Content.

This User Agreement, being a public offer within the meaning of Article 435 and Clause 2 of Article 437 of the Civil Code of the Russian Federation, is concluded between the Company, being the rightholder of the Website, the Mobile Applications and the Service, on the one part, and the User, on the other part, as follows.

Definitions
The following terms and definitions apply in this User Agreement and in the relations of the Parties arising from or connected with it:
1. "Authorization" – the set of actions performed by a User aimed at obtaining access to the User's Personal Account, to the extent and on the terms determined by the Company, whereby the User provides information related to the User that serves as the means of accessing the User's Account on the Website (login and password).
2. "Acceptance" – the acceptance by a User of all, without exception, terms of this Agreement by completing the Registration procedure on the Website or by viewing Content posted on the Website, following which this Agreement acquires the legal status of a transaction concluded in writing.
3. "Company" – Ploskosti Zvuka Limited Liability Company (OGRN 1207700383230, INN 9705148820), located at: 119017, Moscow, Zamoskvorechye municipal district, Pyatnitskaya St., 37, premises 1/1.
4. "Organizer" – any person (legal entity, self-employed individual, or individual entrepreneur) that has entered into an agency agreement with the Company.
5. "Purchaser" – a person acquiring an Electronic Ticket and thereby obtaining the right to attend an Event.
6. "Content" – any information, regardless of the form of its expression, including musical works, performances, phonograms, images, photographs, texts, and other data and/or materials, including protected intellectual property, posted on the Website. For the purposes of this User Agreement, Content may belong to the Company, to a User (User Content, including User Materials and any other materials posted on the Website by a User using the User's Account), to a partner (logos, trade names, trademarks, etc.), to an Organizer, or to other persons.
7. "Event" – events in the fields of culture, art, education (training), or leisure, as well as social events, organized and held by an Organizer.
8. "Mobile Applications" – the Company's software for mobile devices intended for use of the Service, including the "FlatAudio" and "FlatPromo" applications for the Android, iOS, and HarmonyOS operating systems, available for download and installation on user devices through the Play Market, App Store, RuStore, and AppGallery app stores.
9. "Electronic Ticket" – an electronic form containing information about an Event and confirming its holder's right to attend the relevant Event or to acquire Content.
10. "Nominal Ticket Price" – the price of a Ticket set by the Organizer and paid by the Purchaser. The Nominal Ticket Price does not include the Service Fee.
11. "User" – a Purchaser and/or an Organizer, a person with legal capacity who has acceded to this Agreement in the person's own interest, or who acts on behalf of and in the interests of a legal entity represented by such person, including a rightholder-user of materials posted using the Service (including musical works, performances, phonograms) and other content, as well as a visitor-user of the Website who uses posted User Materials and other content in the manner provided for by the Agreement.
12. "User Materials" ("Materials", "Messages", individually) – materials of a User posted by the User using the Website's Service (including musical works (with or without lyrics), performances, and phonograms of which the User is the rightholder), as well as informational statements by the User on the Website's subject matter and any other materials of the User (including links thereto) that comply with the legislation of the Russian Federation and are permitted for posting on the Website and are available to an unlimited number of Website visitors. Each User bears personal responsibility for the User Materials uploaded (posted) by such User on the Website.
13. "Software" – computer programs and databases ensuring the functioning of the Website, the Mobile Applications, and the Service, and the storage of information related thereto.
14. "Registration" – the successful completion by a User of the registration form, allowing a User account to be created on the Website.
15. "Website" – the website located at: https://flat.audio.
16. "Deal" – a license agreement (including an Open License) in respect of User Materials, concluded between an End User and a rightholder-User on the Website using the Service, in the manner provided for by this User Agreement.
17. "Service" ("Services") – the complex of services and the set of technical and technological capabilities of the Website and the Mobile Applications provided by the Company to a User after Acceptance of this Agreement.
18. "Service Fee" – the cost of service-related services that may be charged by the Company to a Purchaser upon the sale of an Electronic Ticket to such Purchaser. The amount of the Service Fee charged to a Purchaser is indicated at the time payment is made by the Purchaser. The Service Fee is non-refundable to a Purchaser if the Purchaser declines to attend an Event for any reason, including in the event of the cancellation, substitution, or postponement of the Event.
19. "Agreement" – this User Agreement, together with all amendments and additions thereto.
20. "Account/Personal Account" – the set of data about a User, including information provided by the User, necessary for the subsequent identification (authentication) of the User and for the provision of the Website's Services. Access to the Personal Account is effected by entering login credentials in the fields provided for that purpose on the Website.
21. "Admission Period" – a specific period of time, with an indicated start time and end time, established by an Organizer for Electronic Tickets, during which the Purchaser of the relevant Electronic Ticket is entitled to enter (be admitted to) the Event. The start time and end time of the Admission Period are indicated on the Electronic Ticket; if the Electronic Ticket does not indicate a start time and end time for the Admission Period, no Admission Period applies to such Electronic Ticket, and admission to the Event is available for the entire duration of the Event.
22. "Ticket with an Admission Period" – an Electronic Ticket that specifies an Admission Period and grants the right of admission to the Event during such Admission Period.
23. "Controller" – the Organizer or a person authorized by the Organizer that verifies Electronic Tickets and controls the admission of Purchasers to an Event.
Subject of the Agreement
1. Pursuant to this Agreement, the Company offers Users services for the use of the capabilities and functionality of the Service posted on the Website, on the terms provided for by this Agreement, and the User accepts them for temporary use for the term of this Agreement.
2. The Service is an internet platform within which the Company gives Users the opportunity to post digital content on the Website (including musical works, performances, phonograms), to search for and listen to (including with other Users) musical compositions (phonograms) using the User's personal computer (and mobile devices), the functional ability for a User to edit and delete User Materials posted by such User, as well as the ability to use the Service in other ways that do not contradict the provisions of this Agreement and the applicable legislation of the Russian Federation. All functions of the Service that currently exist, as well as any development thereof and/or addition of new functions, are the subject matter of this Agreement.
3. The Company grants the end user of the Website and/or the Service a non-exclusive, non-sublicensable, and non-transferable license to use the Content solely for personal, non-commercial purposes. The use, reproduction, modification, distribution, or storage of any Content for purposes other than personal and non-commercial use is strictly prohibited without the prior written permission of the Company or of the rightholder specified in the notice of exclusive rights to such Content.
4. In the cases provided for by separate agreements between the Company and an Organizer, the Company, acting in its own name but at the expense of the Organizer, or acting in the name of and at the expense of the Organizer, sells paid Electronic Tickets to Purchasers.
5. On the basis of the Agreement, an Organizer may use the Website, in particular by obtaining information posted on the Website about Events and Content, and by using the functionality of the Website, subject to payment and/or the signing of the necessary documents where required, as determined by the elements of the Website's screen interface and widgets.
6. On the basis of the Agreement, a Purchaser may use the Website, in particular by obtaining the opportunity to take part in Events or view Content, by performing the actions provided for by the Organizer (in particular, by registering and, where necessary, making the relevant payment) and by receiving an Electronic Ticket from the Company, a notice of the opportunity to take part in an Event, or a link to a webpage where the Purchaser may view the Content, as well as by using the Website in other ways provided for by the Website's functional capabilities and offered in the Website's screen interface.
7. Unless otherwise established by a separate agreement between the Company and a Purchaser, the Company does not act as the organizer of Events, as a seller of goods or services, or as the rightholder of the Content, and bears no liability for the holding of Events and the rendering of the corresponding services, which are carried out by the Organizer and/or third parties.
  
  All obligations related to the holding of Events and the rendering of services arise exclusively between the Purchaser and the Organizer or third parties. The Company does not guarantee the performance or accuracy of such obligations. At the same time, upon purchase of an Electronic Ticket or payment for access to Content by transferring funds to the Company, the Company undertakes to send the Purchaser the Electronic Ticket or access to the Content at the email address indicated upon registration on the Website.
8. The Company grants the User the right to post the following information on the Website:
  - audio materials (musical works (with or without lyrics), performances, phonograms);
  - links to the User's accounts on social networks;
  - textual information;
  - announcements of events being organized.
9. The User acknowledges that the Website and the Service are complex results of intellectual (creative) activity. The User is entitled to stop using the Website and the Service at any time, at the User's own discretion.
10. The terms of this Agreement governing the procedure for posting User Materials and using the Service are binding on the User from the moment of Acceptance.
11. The User is entitled to use the Website within the limits provided for by this User Agreement. The User understands and agrees that the use of certain functions of the Website may be available to the User only subject to the User completing the Registration procedure and providing complete and accurate information requested in the relevant sections of the Personal Account about the User and other related information. The Company is entitled not to provide any capabilities of the Service to unregistered visitors of the Website.
12. The User may view the Website and its Content without registration, but use of certain features and services of the Service may require registration on the Website and creation of an Account, in particular:
  1. to upload User Materials to the Website;
  2. to obtain additional services;
  3. to conclude Deals;
  4. to work with a personal media library;
  5. to register for events;
  6. in other cases provided for by the Agreement.

Rights and Obligations of the Parties:
1. The Company is entitled to:
  1. send the User and other persons whose information has been entered by the User on the Website informational and promotional messages, both to the email address and to the mobile phone number, particulars of which are contained on the Website;
  2. independently, at its own discretion and as necessary, create, modify, and cancel the terms of this Agreement;
  3. create, modify, and delete information on the Website, and restrict access to any information on the Website;
  4. delete Users' accounts;
  5. refuse a User's registration without explanation of reasons;
  6. change the design of the Website, its content, and the content of the Website and the Service at any time;
  7. make changes to the Website in any manner at its own discretion without coordination with the User, including, but not limited to: changing the design of the Website, changing the terms of the provision of services, adding new services, discontinuing the provision of services, announcing that a fee will be charged to Users for the use of previously free services, changing or supplementing the software and other objects used or stored in the Service, and any server applications, at any time with or without prior notice, and restricting access to the Website while the Company performs the aforementioned work. In the event of a prolonged outage of the Website and/or the Service (more than 24 hours), the Company shall make all reasonable efforts to notify the User thereof, where possible;
  8. send Users, where necessary, messages by email and by other available means concerning use of the Service;
  9. establish additional restrictions on the use of the Service, and change such restrictions at any time;
  10. exercise control over the content of User Materials, including by altering or editing User Materials at its own discretion (including removing profanity and correcting grammatical errors) without coordination with the User, and delete User Materials without warning at any time. The User agrees that the Company is not obliged to identify the User, including by posting the User's name, contact details, and/or photographs;
  11. request copies of documents confirming that the User holds the exclusive right to use the User Materials posted by the User. The User undertakes to provide the Company with duly certified copies of such documents no later than 5 (five) calendar days from the date of the Company's request for such documents;
  12. use all marks, signs, names, and titles of User Materials set by the User when uploading files, to the extent of the rights established by the Agreement;
  13. protect information the dissemination of which is restricted or prohibited by law, by issuing a warning or deleting the Account of a User who has violated the Agreement;
  14. take other actions for the purpose of improving the quality and convenience of Users' use of the Service;
  15. refund money (on the instructions of the Organizer) to a Purchaser using the same method by which the Purchaser paid for the Electronic Tickets or obtained access to the Content;
  16. subject to the Personal Data Processing Policy, use the data of a User or of other persons whose information has been entered by the User on the Website for marketing purposes. The User warrants that the data entered by the User on the Website has been voluntarily provided by the User and by third parties, and that such third parties have been made familiar with the terms of the Agreement.
2. The Company undertakes to:
  1. maintain the operability of the Website, except in cases where this is impossible for reasons beyond the Company's control;
  2. organize and ensure the proper rendering of services to Users within the scope of the terms of this Agreement;
  3. provide all available information about a User to the authorized government authorities in cases established by law;
  4. in the cases determined by the agreement between the Company and the Organizer, refund money to a Purchaser using the same method by which the Purchaser paid for the Electronic Tickets or obtained access to the Content.
3. The Purchaser undertakes to:
  1. provide the Company with accurate, complete, and reliable registration information;
  2. ensure the safekeeping of personal data against access by third parties;
  3. update the User's data provided upon registration in the event of any changes thereto;
  4. refrain from disseminating information aimed at propagandizing war, or inciting national, racial, or religious hatred and enmity, as well as any other information the dissemination of which entails criminal or administrative liability in the Russian Federation;
  5. refrain from disrupting the operability of the Website and/or the Service;
  6. refrain from making any attempts to mislead the Company;
  7. refrain from taking actions aimed at misleading other Users;
  8. ensure the confidentiality and safety of the User's Account and not transfer the login and password for logging in to the Website to other persons. The User bears personal responsibility for all actions performed using the User's Account, and for maintaining the confidentiality of the Account password. The User undertakes to immediately notify the Company in writing of any unauthorized use of the User's Account, or any other security breach related to the Account, that becomes known to the User. Any actions performed using a User's Account shall be deemed performed by the User, except where the User's account was compromised by an attacker through manual or automated password-guessing and there is obvious and irrefutable evidence of this in the system logs;
  9. refrain from registering an account on behalf of or in place of another person, except in cases provided for by the legislation of the Russian Federation;
  10. refrain from posting advertising, erotic, pornographic, or offensive materials, or any other information the posting of which is prohibited by or contrary to the applicable legislation of the Russian Federation;
  11. comply with all terms of this Agreement, as well as with other documents governing the functioning of the Website and the Service and the legal relations between the User and the Company;
  12. refrain from using the services rendered by the Company for unlawful purposes or for purposes that could in any way harm the Service and/or third parties;
  13. refrain from disclosing confidential information that has become known to the User as a result of using the Website and the Service;
  14. refrain from performing any actions on the Website prohibited by the Agreement; when posting User Materials (musical works, performances, phonograms, and links thereto), the rights to use which the User grants to an unlimited number of persons for a fee on the terms of an Open License, post, on the page through which the User Materials may be purchased, the text of the Open License, which the End User (licensee) may accede to by way of acceptance;
  15. pay in full, personally or through third parties, the price of the Electronic Ticket. Once the Electronic Ticket has been paid for, the Electronic Ticket shall be deemed sold, and the Purchaser acquires the right to attend the Event or to use another service of the Organizer;
  16. become familiar with the content of this Agreement and other documents governing the procedure for the rendering of services by the Company and the procedure for using the Website and the Service;
  17. send all claims related to Events directly to the Organizer's contact details, or to the Organizer's contact details obtained from public registers. If the Purchaser is unable to determine the Organizer's contact details, the Company shall, at the Purchaser's request, provide such contact details;
  18. in the event of purchasing a Ticket with an Admission Period, arrive at the Event and be admitted to it during the Admission Period indicated on the Electronic Ticket. The Purchaser confirms having read and agreed that, upon expiry of the end time of the Admission Period, admission to the Event under such Electronic Ticket shall not be provided, except in the cases provided for by this Agreement.
4. The Purchaser is entitled to:
  1. before the start of an Event, or before gaining access to Content, decline to take part in the Event or decline to gain access to the Content, after the Electronic Ticket has been ordered and paid for, if provided for by the Organizer's terms. In this case, the Purchaser must, by activating the relevant function in the Purchaser's Personal Account on the Website, submit a request for a refund of the money paid by the Purchaser. Such request is reviewed by the Organizer, following which the Purchaser is sent a notice of the procedure and time frame for making the refund;
  2. in all cases, a refund may be made only net of the Service Fee;
  3. in all cases, a refund is made in the amount determined by the Organizer.
5. When using the Website and the Service, the User is prohibited from:
  1. using the Website and/or the Service in any manner that could interfere with the normal functioning of the Website and/or the Service and its elements;
  2. uploading, storing, publishing, distributing, providing access to, or otherwise using viruses and other malicious programs;
  3. taking actions aimed at destabilizing the functioning of the Website and/or the Service, attempting unauthorized access to the management of the Website and/or the Service or their restricted sections, and taking any other similar actions;
  4. uploading, publishing, posting, distributing, or embedding any User Materials on behalf of another person, or User Materials that:
    - are used for unlawful purposes or facilitate dangerous or unlawful activity;
    - are defamatory, offensive, or fraudulent in nature, harass, threaten, or otherwise violate the lawful rights of others (such as the right to privacy and publicity);
    - contain elements of (or promote) pornography or child exploitation, or constitute advertising for (or promotion of) sexual services;
    - incite religious, racial, ethnic, or interethnic discord, or promote intolerance towards groups of people united on the basis of age, or on the basis of shared illness or sexual orientation;
    - contain extremist materials, promote criminal activity, or contain advice, instructions, or guidance on committing criminal acts;
    - are protected by intellectual property rights (or the right of privacy), where the User does not hold the relevant rights and does not have the necessary permissions;
    - contain unauthorized private, confidential, or personal information about other persons;
    - contain advertising for, or describe the appeal of, the consumption of alcohol and/or narcotic substances, or information about drug distribution, recipes for their manufacture, or advice on their use;
    - contain information constituting a commercial, official, medical, banking, or other secret, as well as other information access to which is restricted under the legislation of the Russian Federation;
    - violate other rights and interests of citizens and legal entities, or the requirements of the legislation of the Russian Federation.
6. Rights and Obligations of the User:
  1. the User undertakes to review the current version of the Agreement upon each visit to the Website, prior to using the Website;
  2. the User undertakes to comply with the Website Use Rules;
  3. the User undertakes to provide accurate and, where necessary, complete information when using the Website;
  4. the User undertakes to use the Functionality only for its direct intended purpose, as provided for by the express user functions of the Website;
  5. the User is prohibited from: circumventing technical restrictions established on the Website; studying the technology of, decompiling, or disassembling the Functionality of the Website, except in cases expressly provided for by the legislation of the Russian Federation; creating copies of the functionality and of the Website, including its external appearance (design); modifying the functionality in any manner whatsoever; taking actions aimed at altering the functioning and operability of the functionality; providing a third party with access to the functionality; and taking any of the above actions in relation to any part of the functionality or of the Website;
  6. to avoid any ambiguity, the functionality and the terms of access thereto are determined by the Company at its own discretion. The User's access to particular functionality or to a part of the Website may be restricted by the Company;
  7. the User undertakes to communicate with the Company's support service and to conduct business correspondence with the Company, including to authorized addresses, without using profane, abusive, or obscene words and expressions. In the event of a violation of this clause, the Company is entitled to suspend communication with the User on its part.
7. Rights and Obligations of the Organizer:
  1. after conclusion of the Agreement, in the manner provided for by this Agreement, the Organizer is granted access to a Personal Account. Through use of the Personal Account, the Organizer may: post information about Events and Content, and take other actions expressly provided for by the Website;
  2. the Organizer undertakes to strictly perform the Organizer's obligations provided for by the Agreement and by other documents posted on the Website and accepted by the Organizer;
  3. if payment is required to obtain paid functionality, the Organizer undertakes to pay the necessary amounts;
  4. the Organizer undertakes to properly perform its obligations to Purchasers, including reviewing requests and refunding money to Purchasers, and to independently settle Purchasers' claims related to such obligations, including claims arising from a discrepancy between the Order amount and the Organizer's current rates and price lists;
  5. the Organizer undertakes to bear responsibility for the lawfulness and legitimacy of the services rendered by the Organizer;
  6. the Organizer undertakes not to violate the rights of third parties when creating and holding an Event and providing access to Content;
  7. the Organizer undertakes, within 3 (three) calendar days, to notify the Company, in the manner provided for by the Agreement, of any changes that may affect performance of the Agreement by the Parties, including changes to the Organizer's business name (surname, first name, or patronymic), legal address, actual address, postal address, bank details, website address, and passport or other data. The Organizer understands that, in the event of a failure to provide, or the incorrect provision of, the Organizer's details or other information, the Company will not be able to properly perform its obligations within the agreed time frames;
  8. the Organizer undertakes to promptly provide, at the Company's request, documents confirming the lawfulness and guarantees of holding the Event on the date designated by the Organizer, and confirming the Organizer's rights to the Content;
  9. the Organizer represents and warrants that it holds all rights necessary for realizing the Event and the Content, and that the Event and the Content do not violate the rights and interests of third parties or the legislation of the Russian Federation or of any other state;
  10. the Organizer undertakes independently to classify information products (information about Events) for the purpose of ensuring the information security of children, and to post the information product marking on the Website. The Company bears no liability in the event of the Organizer's failure or improper performance of this obligation, and the Organizer undertakes to reimburse the Company for all losses arising from any claims and/or lawsuits brought against the Company in connection with the Organizer's failure or improper performance of this obligation;
  11. the Organizer is not entitled to use several accounts or organizations to disseminate information about the same Events;
  12. the Organizer undertakes to perform all obligations arising for the Organizer towards third parties and/or Website users as a result of using the Website, and to independently settle claims of third parties and/or Website users related thereto;
  13. the Organizer undertakes, upon receiving data from Purchasers, not to transfer such information to third parties and to use such information solely for the purpose of properly rendering services to the Purchaser, unless otherwise agreed between the Organizer and the Purchaser in separate agreements. The Organizer undertakes to use personal data of third parties obtained as a result of using the Website's functionality in accordance with the requirements of Federal Law No. 152-FZ dated 27 July 2006 "On Personal Data", as amended and in effect at the time of processing or other use of personal data by the Organizer. The Company bears no liability in the event of the Organizer's failure or improper performance of its obligations regarding the processing of personal data, and the Organizer undertakes to reimburse the Company for all losses arising from any claims and/or lawsuits brought against the Company in connection with the Organizer's failure or improper performance of such obligation;
  14. the Organizer undertakes not to mislead Purchasers regarding the cost of participation in an Event or the content of the Event;
  15. if the Organizer's activity is, under the legislation of the Russian Federation, subject to mandatory licensing and/or requires obtaining any permits, the Organizer is obliged, before posting information about the Organizer's Events, to provide the Company with such license and/or permits by sending them to the Company. In the event of a failure to do so, the Organizer shall compensate the Company for the losses and the amount of the penalty incurred as a result of such failure;
  16. the Organizer is entitled to establish an Admission Period for particular categories of Electronic Tickets. The Organizer independently determines the categories of Electronic Tickets for which an Admission Period is established, as well as its start and end times. Information about the Admission Period is brought to the attention of the Purchaser before the Electronic Ticket is ordered and is indicated on the relevant Electronic Ticket.
Intellectual Property Terms
1. Exclusive Rights to the Content Posted on the Website
  1. All objects posted on the Website, including design elements, text, graphic images, photographs, illustrations, video, scripts, programs, musical works, phonograms, and other objects and their compilations (hereinafter referred to as the Content), are subject to the exclusive rights of the Company, of Users of the Website, and of other rightholders; all rights to such objects are protected.
  2. Except in cases established by this Agreement and by the applicable legislation of the Russian Federation, no Content may be copied (reproduced), reworked, distributed, published, downloaded, transferred, sold, or otherwise used, in whole or in part, without the prior permission of the rightholder, except where the rightholder has expressly consented to free use of the Content by any person.
  3. The Company grants the User the right to gratuitous functional use of the Service on the terms of a simple (non-exclusive) non-transferable license, within the functional capabilities of the Service, for the term of this Agreement. The User is entitled to use the Service for its direct functional purpose, for which purpose the User may copy and install (reproduce) it on the User's mobile device(s). This license extends to all subsequent versions of the Website and/or the Mobile Applications, unless the update/installation of a new version of the Website and/or a Mobile Application is accompanied by a different license. This license may be modified by the Company unilaterally.
  4. The Company is entitled to set limits on the volume and composition of materials posted by the User, and to introduce other technical restrictions on the use of the Service, which will be brought to Users' attention from time to time in a form and manner chosen by the Company.
  5. Use of the Website and/or the Mobile Applications in other ways, including by copying (reproducing) the Content, as well as the design elements, computer programs, and databases included in the Website and/or the Mobile Applications, and the decompilation and modification thereof, is strictly prohibited unless otherwise expressly provided for by the Agreement. The User is not entitled to modify, decompile, disassemble, decrypt, or perform other actions with the object code of the Website and/or the Mobile Applications, to create derivative works using the Website and/or the Mobile Applications, or to take other actions with the Website and/or the Mobile Applications not provided for by their functionality, without the written permission of the Company.
  6. The Company is entitled to establish any restrictions on the use of the Service or the Content without prior notice to Users. Such restrictions may vary depending on the category of Users and other parameters.
  7. By posting on the Website User Materials lawfully belonging to the User, the User grants the Company a non-exclusive right to use, free of charge, the User Materials posted on the Website and lawfully belonging to the User, for the purpose of the Company ensuring the functioning of the Website, to the extent determined by the functionality and architecture of the Website. The User grants the Company and its authorized sublicensees and distributors (if any) a non-exclusive, royalty-free license to use the User Materials throughout the world for the duration of their posting, in the following ways:
    1. reproduction in accordance with subclause 1 of clause 2 of Article 1270 of the Civil Code of the Russian Federation;
    2. communication to the public, in such a way that any person may access the User Materials from any place and at any time of the person's own choosing (making available to the public);
    3. distribution and publication of the work and of the Licensor's files by digital upload, distribution, and posting on the website and services;
    4. public display, importation of the original or of copies for distribution purposes, rental of the original or of copies, public performance, broadcasting, cable communication, retransmission;
    5. storage, uploading, adaptation, modification, editing, transformation, alteration, creation of derivative works, installation, copying, formatting, and conversion of files uploaded by the User into various formats, and provision to any third parties or other users of the Website of User Materials made available to the public or transferred to the Company through the Service, throughout the world, for the entire term of this Agreement;
    6. inclusion of User Materials in advertising materials aimed at their promotion, as well as in other services and products of the Company, by including them in a complex or composite work. Advertising materials incorporating User Materials may subsequently be used in the following ways: reproduction, distribution, communication to the public, public performance, public display, and cable or broadcast communication.
  8. The User also grants other Users a non-exclusive right to use the User Materials posted by such User solely within the functionality provided by the Website and/or the Service, by way of viewing, reproduction, and other rights, solely for the purpose of personal non-commercial use, except in cases where such use causes or may cause harm to the legally protected interests of the rightholder.
  9. A rightholder-User is entitled to grant other Users rights to use the User Materials (musical works, performances, phonograms) of which the User is the rightholder, in other ways, on the terms of an Open License. The text of such an Open License is posted by the User on the same page on which the link for purchasing the User Materials is posted. The User agrees that, by giving other Users the opportunity to purchase the User Materials posted by the User, the User grants such Users a non-exclusive license to use such User Materials on the terms, in the manner, and for the period specified in the Open License.
  10. The User agrees that, in the text of the Open License posted together with User Materials the rights to use which may be purchased, the User shall indicate the User's surname, first name, and patronymic, as well as, in respect of each User Material: its title, author(s)/co-author(s), performer, and the price of the rights to the object.
  11. The User understands and agrees that, solely in respect of User Materials sold under an Open License, a sale announcement constitutes an offer and means that the User who posted such announcement is ready to conclude Deals on the terms of the Open License, which automatically confirms the User's (licensor's) unconditional readiness to grant a license to the End User (licensee) who has taken action to accede to the Open License (clause 5.5 of the User Agreement) and to provide the files containing the User Materials (musical works, performances, phonograms).
  12. A User's use of User Materials to which access has been obtained solely for personal non-commercial use is permitted subject to the preservation of all authorship marks (copyright notices) or other attribution notices, the preservation of the author's name unchanged, and the preservation of the work unchanged.
  13. Any use of the Website or the Content, other than as permitted by this Agreement or with the rightholder's express consent to such use, is strictly prohibited without the rightholder's prior written permission.
  14. Unless otherwise expressly established by this Agreement, nothing in this Agreement may be construed as a transfer of exclusive rights to the Content.
2. Liability for Infringement of Exclusive Rights:
  1. The User bears personal liability for any User Materials or other information that the User uploads or otherwise makes available to the public (publishes) on or through the Website. The User is not entitled to upload, transfer, or publish User Materials on the Website unless the User holds the relevant rights to perform such actions, acquired in accordance with the legislation of the Russian Federation. By posting Materials on the Service, the User confirms and warrants that the User Materials comply with the requirements of applicable legislation and do not violate the rights and lawful interests of third parties. The User understands and agrees that the User Materials must not infringe the copyright and/or other intellectual property rights of third parties. The User undertakes, independently and at the User's own expense, to settle all claims of third parties related to the posting and/or editing of the User Materials by the User.
  2. The Company may, but is not obliged to, review the Website for prohibited Content, and may remove or relocate (without warning) any Content or a User's account at its sole discretion, for any reason or for no reason, including, without limitation, the relocation or removal of Content that, in the Company's sole opinion, violates this Agreement or the legislation of the Russian Federation, and/or may violate the rights of, cause harm to, or threaten the safety of other Users or third parties.
3. Third-Party Websites and Content
  1. The Website contains (or may contain) links to other websites on the Internet (third-party websites), as well as articles, photographs, illustrations, graphic images, musical works, phonograms, video, information, applications, programs, and other objects and their compilations belonging to or originating from third parties (Third-Party Content), which are results of intellectual activity protected in accordance with the legislation of the Russian Federation.
  2. Such third parties and their Content are not verified by the Company for compliance with any requirements (accuracy, completeness, good faith, etc.). The Company bears no liability for any information posted on third-party websites that the User accesses through the Website or through Third-Party Content, including, among other things, any opinions or statements expressed on third-party websites or in their Content.
  3. Links or guides posted on the Website for downloading files and/or installing third-party programs do not imply the Company's support or approval of such actions.
  4. A link posted on the Website to any website, product, service, or any commercial or non-commercial information does not constitute the Company's approval or recommendation of such products (services).
  5. If the User decides to leave the Website and go to third-party websites, or to use or install third-party programs, the User does so at the User's own risk, and from that moment the terms of this Agreement no longer apply to the User. In taking further action, the User should be guided by the applicable rules and regulations, including the business customs of the persons whose content the User intends to use.
Paid Services for End Users
1. In order to make full use of the Service, an End User has the opportunity to activate additional services on a paid basis.
2. The User may be granted the right to:
  1. download Content to the User's device by purchasing User Materials (musical works with or without lyrics, performances, phonograms);
  2. listen to Content without Internet access;
  3. listen to Content in high quality.
3. The purchase of User Materials posted on the Website is effected by the End User (licensee) acceding to the Open License and accepting all of its terms by way of acceptance.
4. The User may, within the elements of the screen interface, be given the opportunity to activate an automatic top-up function in the Personal Account, or automatic payment for the functionality of the Website by bank card in the User's Personal Account with respect to the relevant bank card, in the manner indicated on the Website. Such feature may not be available on the Website, and its provision is at the Company's discretion. When activating the automatic top-up function in the Personal Account, or automatic payment for the functionality of the Website by bank card (recurring payment), the User may be asked to provide the bank card number, the card's expiry date, the CVV code, and the cardholder's surname and first name.
5. In order to verify the authenticity of the data provided by the User, the issuing bank may reserve funds held in the User's relevant bank accounts. Once the card data has successfully passed the authenticity verification by the issuing bank, the User's bank card shall be deemed linked, and the automatic top-up function in the Personal Account, or automatic payment for the functionality of the Website by bank card, shall be deemed activated. The release of the amount reserved during bank card authenticity verification is carried out within the time frames determined by the issuing bank and does not depend on the Company.
6. Bank card data entered by the User may be stored in the User's profile in the systems of certified internet payment operators, in accordance with the rules of international payment systems and PCI-DSS certification, that render services to the Company for accepting Users' payments.
7. The automatic top-up function in the Personal Account, or automatic payment for the functionality of the Website by bank card, may be deactivated by the User in the Personal Account settings, or by contacting the Company.
Financial Relations with Rightholders
1. Financial relations between Users and the Company are carried out on the basis of the Offer for the Company's rendering of services to Users on a paid basis, posted in the relevant section of the Website/Service.
2. A rightholder-User, when posting User Materials, shall pay for the FlatUpload subscription in accordance with the rates established by the Company.
Liability of the Parties
1. The Company bears no liability whatsoever for the accuracy of information posted by Users on the pages of the Website, or for information copied from other sources.
2. The Company shall under no circumstances be liable for the Organizer's performance or non-performance of its obligation to refund money to a Purchaser in the event the Purchaser declines to take part in an Event, is denied admission to an Event, declines to access Content, or in the event of the cancellation or postponement of an Event by the Organizer.
3. The Company bears no liability within the framework of legal relations between Users and third parties, which are governed by separate agreements concluded between Users and third parties.
4. The Company makes every possible effort to exclude offensive, inaccurate, or unlawful information from the Website.
5. The Company does not guarantee that the software, servers, and computer networks used by the Website and/or the Service are free of errors and malicious programs. The Company bears no liability in the event that use of the Website and/or the Service results in the loss of data or damage to equipment.
6. The Company bears no liability for any failures or interruptions in the operation of the Website and/or the Service and any resulting loss of information. The Company bears no liability for any damage to a User's computer, mobile devices, or any other equipment or software caused by or related to the use of the Website and/or the Service.
7. The Company bears no liability or obligations whatsoever for harm caused to a User as a result of interaction with advertising or information posted on the Website.
8. The Company bears no liability for any damage that may be caused to a User, including the loss of data, the deletion of Content, or the cessation of the functioning of the Website and/or the Service.
9. Under no circumstances shall the Company be liable to Users or to any third parties for any damage, including lost profit or lost data, harm to life and health, honor, dignity, or business reputation, resulting from the use of the Website and/or the Service, even if the Website and/or the Service warned of or indicated the possibility of such harm.
10. The Company bears no liability for any discrepancy between the services expected by a User and those actually received.
11. By using the services of the Service, the User thereby acknowledges bearing full responsibility for all User Materials that the User has posted on the Website and using the Service. The User is independently responsible for ensuring that the content posted by the User complies with the requirements of applicable legislation, including liability to third parties in cases where the posting of any User Materials, or their content, violates the rights and lawful interests of third parties, including the personal non-property rights of authors, other intellectual property rights of third parties, and/or infringes upon intangible benefits belonging to them.
12. Information about Events and Content posted on the Website is added to the Website by Organizers. The Company has no technical ability and is not obliged to monitor the information posted or to subject it to mandatory verification and approval. The Company does not guarantee the accuracy, precision, completeness, or quality of any information published by an Organizer and/or third parties on the Website. The Company does not endorse or confirm any information posted by Organizers and/or third parties on the Website.
13. The User warrants being the author and sole lawful holder of the exclusive right to use the User Materials posted by the User on the Website (including musical works, performances, phonograms), and that no other persons will bring claims (demands) against the Company regarding the use of the User's User Materials on the Website.
14. The User acknowledges and understands that, where the content of User Materials is a legally protected musical (or other) work, or the performance of a work by performing artists and/or a sound recording of such a performance (a phonogram), the User assumes full legal liability for any use of such works, performances, or phonograms, including where the User has adapted, altered, or creatively reworked a work, performance, or phonogram of which the User is not the author and/or the exclusive rights to which belong to other persons.
15. An Organizer holding an Event bears independent liability for compliance with the legislation of the Russian Federation in organizing and holding Events and providing access to Content, including, without limitation, legislation in the field of advertising, intellectual property, consumer protection, culture, and mass events, as well as for the safekeeping of the login and password to the Organizer's personal account on the Website.
16. For a violation of the terms of this Agreement, a User's access to the Website and the Service, or to particular sections of the Service, may be restricted, suspended, or terminated for an indefinite period.
17. The amount of losses that may be recovered from the Company by a User and/or any third party is, in any case, limited, in accordance with the provisions of Part 1 of Article 15 of the Civil Code of the Russian Federation, to RUB 5,000 (five thousand rubles).
18. The Company bears no liability for the actions of an Organizer holding an Event and providing access to Content, including for any discrepancy between the services rendered by the Organizer and the Purchaser's expectations. The Purchaser makes the decision to purchase an Electronic Ticket independently, based on the information provided by the Organizer. The Company bears no liability for the Organizer's failure and/or improper performance of its obligations to provide accurate and timely information about Events and Content, the proper and timely holding of Events, or the provision of access to Content.

Procedure for Ordering and Receiving an Electronic Ticket
1. A Purchaser wishing to attend an Event, gain access to Content, or use another service of the Organizer, information about which is posted on the Website, shall review the information about the Event or service on the relevant page of the Website.
2. To order an Electronic Ticket, the Purchaser must perform the following actions:
  1. select the Event or Content on the Website;
  2. provide the information requested on the Event or Content page (the information provided must be accurate and provided to the required extent);
  3. confirm the accuracy of the information entered and the intention to order the Electronic Ticket by clicking the "Continue" or "Register" button on the relevant page of the Website;
3. The Company confirms acceptance and issuance of the Electronic Ticket by sending a message to the email address of the Purchaser indicated when placing the order;
4. If payment for the Electronic Ticket is required for participation in the Event, upon confirmation the Website redirects the Purchaser to the Electronic Ticket payment page. To make payment, the Purchaser selects the relevant payment method indicated on the page of the Website and makes payment in accordance with the payment rules of the payment method selected by the Purchaser. After payment for the Electronic Ticket, the Company sends the Purchaser a message notifying of receipt of payment and generates the Electronic Ticket;
5. The moment of payment is the moment the funds are credited to the Company's account. From the moment of payment, obligations provided for by the terms of the Event or access to the Content arise between the Organizer and the Purchaser. From the same moment, the Company becomes obliged to issue the Purchaser the Electronic Ticket or to provide a link to a webpage where the Purchaser may reproduce (view) the Content;
6. If payment is made on the Purchaser's behalf by third parties, all rights and obligations in respect of such payment arise for the Purchaser, and such actions of third parties are regarded by the Parties as having been performed by such third parties in the interests of the Purchaser and as not giving rise to any rights or obligations between such third parties and the Company;
7. The Purchaser takes part in the Event and gains access to the Content in accordance with the rules established by the Organizer;
8. The User is independently responsible for the safekeeping and protection of the Electronic Ticket against copying. In the event the Electronic Ticket is copied, admission to the Event shall be granted under whichever ticket is presented first;
9. The Purchaser must keep a copy of the notice confirming the transaction for payment of the Electronic Ticket. When making payment, the User undertakes to use only a bank card of which the User is the lawful holder. If the User intentionally uses the bank card of another person, the User shall be independently liable for any damage that has been or may be caused to the holder of such card as a result of the User's aforementioned actions, and to the Company in the event such damage is caused to it, including reputational damage.
10. The Organizer is entitled to sell Electronic Tickets with an Admission Period. Information about the Admission Period is brought to the attention of the Purchaser before the Electronic Ticket is ordered and is indicated on the relevant Electronic Ticket. By ordering a Ticket with an Admission Period, the Purchaser confirms having read and agreed to the established start time and end time of the Admission Period.
  1. The Purchaser's right of admission to the Event under a Ticket with an Admission Period arises, and may be exercised, during the Admission Period indicated on the Electronic Ticket.
    1. If a Purchaser presents for admission to the Event before the start and/or after the end of the Admission Period, the Organizer and/or the Controller is entitled to refuse the Purchaser admission to the Event.
  2. The Controller and/or the Organizer is entitled, at its own discretion, to admit a Purchaser to the Event and to verify the Electronic Ticket manually, including before the start and/or after the end of the Admission Period. Such decision is made by the Organizer and/or the Controller independently, in particular in the event of technical failures in the operation of the equipment or software used to verify Electronic Tickets. The Company bears no liability for decisions made by the Organizer and/or the Controller pursuant to this clause.
  3. Admission of a Purchaser to the Event before the start and/or after the end of the Admission Period, and manual verification of the Electronic Ticket, are an exception and are carried out at the discretion of the Organizer and/or the Controller. The availability of such a possibility does not give the Purchaser the right to demand admission to the Event before the start and/or after the end of the Admission Period.
    1. If a Purchaser fails to exercise the right of admission to the Event during the Admission Period for reasons unrelated to the actions (or omissions) of the Company, the Organizer, and/or the Controller, the risk of being unable to attend the Event lies with the Purchaser. Money (including the Service Fee) paid for the Electronic Ticket shall not, in such case, be refundable.
11. In the event a Purchaser declines to attend an Event due to documented circumstances related to the Purchaser's illness or the death of a person who is a member of the Purchaser's family or a close relative of the Purchaser under the Family Code of the Russian Federation, the Purchaser is entitled to submit an application for a refund of money in the manner provided for by clause 3.4 of this User Agreement.

Term and Validity of the Agreement
1. This User Agreement enters into force subject to Acceptance by the User of its terms, by performing any of the following actions:
  1. the User has started using the Website, i.e. is on the Website and has completed Registration or used Account credentials to log in (Authorization) on the Website, or
  2. the User views Content posted on the Website.
2. By starting to use the Website and/or the Service/its individual functions, the User is deemed to have accepted the terms of this Agreement in full, without any reservations or exceptions. If the User does not agree with any of the provisions of the Agreement, the User is not entitled to use the Service.
  The User is obliged to become fully familiar with the Agreement before starting to use the functionality of the Service. Use of the Service means the User's full and unconditional acceptance of this Agreement in accordance with the legislation of the Russian Federation.
3. The User is obliged to become fully familiar with the Agreement before starting to use the functionality of the Service. Use of the Service means the User's full and unconditional acceptance of this Agreement in accordance with the legislation of the Russian Federation.
4. The User warrants having all authority necessary to accept this Agreement. If the User has not reached the age of 14 or has become legally incapacitated due to another circumstance provided for by applicable legislation, the User is obliged independently to obtain the necessary permission, in the form required by law, from the User's parents or legal representatives. By accepting this Agreement, the User warrants and confirms having read and fully agreed to its terms without any modifications or exceptions.
5. This Agreement is reviewed by the Parties and accepted by the User exclusively together with the Privacy Policy, which is an integral part of the Agreement.
6. The relations of the Parties may be additionally governed by separate documents and agreements regulating the use of the relevant services. The application of such additional documents and agreements does not cancel the effect of this Agreement.
7. The current version of this Agreement is posted at: https://flat.audio/agreement.
8. The Company reserves the right to make changes to the text of this Agreement, notifying Users thereof by publishing a new version of the Agreement on the Internet at: https://flat.audio/agreement. The new version of the Agreement enters into force upon expiry of 5 (five) calendar days from the moment it is posted on the Website, unless otherwise provided for by the new version of the Agreement. The User is obliged to regularly monitor changes made to the Agreement. If the User does not agree with the new version of the Agreement, the User is obliged immediately to discontinue use of the Website and the Service. If, after the new version of the Agreement enters into force, the User continues to use the Website and the Service, the User thereby confirms full agreement with the new version of the Agreement.
9. Upon deletion of a User's Account, the Company reserves the right to retain data about the User in accordance with the Privacy Policy.
10. All electronic documents, notices, and expressions of will made or performed remotely, by means of the Service and within the framework of this Agreement, are deemed to have been duly executed in simple written form.
11. The right to use the Service is granted to the User from the moment of Acceptance of the Agreement, for an indefinite period, until the Agreement is terminated by the Company or the User.
12. This Agreement shall terminate in the event that:
  1. the User has started using the Website, i.e. is on the Website and has completed Registration or used Account credentials to log in (Authorization) on the Website, or
  2. the User views Content posted on the Website.

Confidentiality of Personal Data
1. The Company guarantees the collection, processing, and storage of Users' personal data (personal information of a User contained in the User's Account) in strict compliance with the requirements of the Federal Law "On Personal Data".
2. The procedure for processing Users' personal data is governed by the Privacy Policy, posted at: https://flat.audio/privacy.
3. By completing Registration on the Website, the User automatically consents to the Company's processing of the User's personal data, including its collection, storage, use, and transfer to third parties engaged by the Company to ensure the functioning of the Website and/or the rendering of services to the User, as well as in other cases provided for by the legislation of the Russian Federation, including the Federal Law "On Personal Data" and the Federal Law "On Communications". Personal data is transferred solely for purposes related to the functioning of the Website and/or the rendering of services to the User. Such personal data is not disseminated to an unlimited number of persons.
4. The Company is liable for the non-disclosure of personal data in accordance with the applicable legislation of the Russian Federation.
5. The Company is entitled to transfer a User's personal data to the Organizer of an Event for which the User has purchased an Electronic Ticket or in respect of which the User has registered through the Website, to the extent and for the purposes necessary to hold such Event and to provide the User with access to it.

Force Majeure
1. The Company is released from liability for partial or complete non-performance of its obligations under this Agreement if such non-performance resulted from force majeure circumstances arising after publication of this Agreement, which the parties could not have foreseen or prevented.
2. The parties regard the following events, which render performance of the relevant party's obligations under the Agreement impossible, as force majeure circumstances: earthquakes, floods, other natural disasters, fires, nuclear or other industrial accidents, as well as strikes, military actions, civil unrest, or acts of government authorities preventing performance of the terms of the Agreement. All other obstacles, regardless of their nature or characteristics, shall not be considered force majeure, except for obstacles specifically recognized by the parties as caused by force majeure circumstances.

Final Provisions
1. The User acknowledges that the analogue of the User's handwritten signature is the unique combination of login and password used to access the Personal Account (login credentials), as well as the unique combinations of logins and passwords generated by the User and used for access by persons acting on the User's instructions and on the User's behalf (additional login credentials). Accordingly, all actions performed using login credentials shall be deemed to have been performed by the User, and all documents sent using login credentials shall be deemed to have been signed by the User.
2. The Agreement is governed by and construed in accordance with the legislation of the Russian Federation. Matters not governed by the Agreement shall be resolved in accordance with the legislation of the Russian Federation.
3. The User may terminate the User's relationship with the Company at any time by deleting the User's account. The Company bears no liability and assumes no obligation to restore a User's account on the Service or to recover any data lost by the User.
4. If, for any reason, one or more provisions of the Agreement are invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of the Agreement.
5. All disputes arising in connection with the performance of this Agreement and other documents of the Website shall be resolved through negotiation.
6. Procedure for the Company's review of Users' requests:
  1. If a User has claims regarding the Website and/or the Service, or a dispute arises between Users related to the performance by Users of their obligations under the Agreement, the User is entitled to contact the Company to resolve such claims and disputes by sending the relevant message to the support service at the following email address: complaint@flat.audio.
  2. The request must contain a description of the issue, documents confirming the User's position, documents provided for by the terms of this User Agreement, and any other necessary documents. The Company is entitled to request from the User and/or the other party to the dispute other documents and information necessary to review the request. If the User fails to provide the documents and information requested by the Company, the Company is entitled to review the User's request without such documents, or to suspend review of the request until the User provides the necessary documents or information.
  3. Based on the results of reviewing a User's request, the Company shall make a decision based on the documents and information available to the Company.
7. If a dispute cannot be resolved through negotiation, the dispute shall be referred for resolution in the manner provided for by the legislation of the Russian Federation, at the location of the Company.
8. If a translation of this Agreement exists, the Russian-language version shall be deemed the prevailing version.

Legal Address of the Company

Ploskosti Zvuka LLC

OGRN 1207700383230, INN 9705148820, KPP 770501001

Legal and postal address: 119017, Moscow, Zamoskvorechye municipal district, Pyatnitskaya St., 37, premises 1/1

Published on August 18, 2026