Terms of Use

General

This document is the user agreement for the min.eco Site and Services. Section headings below are for readability and do not change the substance of the source Agreement.

1. Changes to this Agreement

min.eco reserves the right to revise this Agreement at its own discretion at any time and without prior notice to you, except by posting the revised Agreement on the Site. Any changes to this Agreement take effect when they are published. You are responsible for visiting this page periodically to ensure your continued acceptance of this Agreement. Your continued use of the Site and/or the Services after a revised version of this Agreement has been published on the Site constitutes your binding acceptance of that revision and of the revised Agreement.

2. Account and eligibility

Eligibility. min.eco will knowingly provide the Site and Services only to parties that may lawfully enter into contracts under applicable law.

Compliance with the Agreement and applicable law. When using the Site and Services, you must comply with all terms of this Agreement, the related agreements and rules mentioned below, and all applicable laws, ordinances, and regulations.

Use of the Site and Services

License to use the Site and Services. min.eco grants you a limited, revocable license to access and use the Site and Services for their intended purpose, provided that you comply with this Agreement. This license does not include the right to collect or use information contained on the Site for purposes prohibited by min.eco, to create derivative works based on the Site and its contents or any third-party content available through the Site, or to download or copy the Site (other than page caching). If you use the Site in a manner that exceeds this license or violates this Agreement, min.eco may revoke the license granted to you.

min.eco solely and exclusively owns all intellectual property and other rights and interests in the Site and Services, except as expressly provided in this Agreement. You will not acquire any rights or interests here unless expressly stated in this Agreement. min.eco may change the Site and/or Services at any time with or without prior notice and will not be liable for doing so.

Third-party services

Third-Party Services. min.eco may use third parties to provide certain services available through the Site, including without limitation YouTube. min.eco does not control those third parties or their services, and you agree that min.eco will not be liable to you for your use of such services. Those third parties may have their own terms of use and other rules. For example, YouTube’s Terms of Service are available at https://www.youtube.com/t/terms. When using those services, you must comply with such terms and policies as well as this Agreement. If any such terms or policies conflict with this Agreement or any other min.eco agreement or policy, you must comply with this Agreement or the min.eco agreement or policy, as applicable.

Prohibited use

Prohibited use. Except as expressly permitted by min.eco, you may not:

• (i) interfere with the operation of the Services and/or the Site by using viruses or any other programs or technologies designed to disrupt or damage any software or hardware;
• (ii) modify, create derivative works of, reverse engineer, decompile, or disassemble any technology used to provide the Services and/or the Site;
• (iii) use a “robot,” “spider,” or other device or process to track activity on the Site or copy pages from the Site, except for the operation or use of an Internet “search engine,” hit counters, or similar technologies;
• (iv) collect email addresses or other information about third parties while using the Services and/or the Site;
• (v) impersonate another natural or legal person;
• (vi) use any meta tags, search terms, keywords, etc. containing the name or trademarks of min.eco;
• (vii) engage in any activity that interferes with another user’s use of the Services and/or the Site; or
• (viii) assist or enable any third party in engaging in any activity prohibited by this Agreement.

Privacy Policy

Privacy Policy. By entering into this Agreement, you agree to min.eco’s collection, use, and disclosure of your personal data in accordance with min.eco’s Privacy Policy.

3. Proprietary rights

The Site and its contents, marks, logos, and other materials on the Site (the “Site Content”) are protected by copyright, trademark, and other laws of the Russian Federation and other countries. You acknowledge and agree that the Site and the Site Content, including all related intellectual property rights, are the exclusive property of min.eco. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices included on or accompanying the Site or the Site Content. All trademarks, service marks, logos, trade names, and any corporate names of min.eco used herein are trademarks or registered trademarks of min.eco. Any other trademarks, service marks, logos, trade names, and corporate names are trademarks or registered trademarks of the respective parties.

4. Representations and warranties. Content

You represent and warrant that: (i) you have all rights and authority to enter into and perform this Agreement, which is a valid, lawful, and binding agreement between the parties; (ii) your use of the Site and/or Services will not infringe the copyright, trademark, patent, trade secret, privacy, publicity, contractual, or other legal rights of any third party and will comply with all applicable laws, rules, and regulations; (iii) there are no claims, demands, proceedings of any kind, or, to your knowledge, threats relating to any of your content or materials provided by you to min.eco in connection with the Site and/or Services; (iv) min.eco will not be required to make any payments to third parties in connection with your use of the Services and/or the Site; and (v) content and materials provided by you to min.eco through the Site and/or in connection with the Services do not and will not contain viruses or any other programs or technologies designed to disrupt or damage any software or hardware.

Payments and royalties

min.eco transfers the Author’s remuneration to the Author’s settlement account only after the amount of remuneration due to the Author for past Reporting Periods, according to the Reports provided by min.eco, exceeds 5,000 (five thousand) rubles.

For the grant of the Right to use the Objects and other rights granted under this Agreement, min.eco pays the Author remuneration in the amount of:

• 80% of the income received by min.eco from using the Objects by public performance, broadcasting, cable communication, making available to the public, including in the form of Content, Mobile Content, use as part of complex objects and with other results of intellectual activity, including as part of audiovisual works.

The amount of remuneration for distributing the Objects as part of Compilations is calculated in proportion to the share of the Objects relative to the other phonograms of recorded musical performances included in the Compilation. The Parties understand a “Compilation” to mean a collection of phonograms of performances of musical works created by different authors, arranged in a defined sequence and duration, including one or more Phonograms of Performances of Works, published and distributed on physical media and via the Internet.

Term of rights

“Term” means the period during which min.eco is entitled to use the Objects, namely: 5 years from the date the Objects are submitted on the website www.min.eco.

Upon expiry of the term, the Agreement is deemed extended for the same period and on the same terms unless one of the Parties notifies the other Party of its termination.

5. Indemnification

You agree to hold harmless min.eco and its employees, representatives, agents, affiliates, directors, officers, managers, and shareholders (the “Parties”) from any damage, losses, or expenses (including without limitation attorneys’ fees) incurred in connection with any third-party claims, demands, or actions brought against any of the Parties in connection with your breach or alleged breach of this Agreement. If you must indemnify min.eco under this section, min.eco will have the right to control the defense, settlement, and resolution of any claims solely at your expense. You may not settle or otherwise resolve any claims without min.eco’s express written permission.

6. Disclaimers and limitations

Disclaimer of warranties. min.eco PROVIDES THE SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. min.eco DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES, OR THEIR USE: (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH THE EQUIPMENT OR SOFTWARE THAT YOU USE. min.eco PROVIDES NO WARRANTIES EXCEPT THOSE EXPRESSLY STATED IN THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.

Exclusion of damages. min.eco IS NOT LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING LOSSES RELATED TO LOST PROFITS, LOSS OF DATA, OR INTANGIBLE ASSETS) ARISING OUT OF OR RELATED TO USE OF THE min.eco SERVICE, ON ANY THEORY OF CLAIM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of liability. IN NO EVENT WILL min.eco’S LIABILITY EXCEED THE GREATER OF: (I) THE AMOUNT PAID OR PAYABLE BY min.eco TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, OR (II) 10,000 RUSSIAN FEDERATION RUBLES.

7. Termination

min.eco may suspend or terminate your use of the Site and/or Services if it believes, in its sole and absolute discretion, that you have breached this Agreement. In that case, sections 4, 5, 6, 8, and 9 of this Agreement remain in effect.

8. Notices

All notices required or permitted under this Agreement will be made in writing and delivered to the other party by any of the following methods: (i) Russian post, (ii) an express delivery service, or (iii) email. If you notify min.eco, you must use the following addresses: ceo@min.eco. If min.eco notifies you, min.eco will use the contact information you provided to min.eco. All notices will be deemed received: (i) if sent by Russian post — seven (7) business days after sending, (ii) if using express delivery — on the day receipt is confirmed by that service, or (iii) by email — 24 hours after the message is sent, absent a “system error” or other non-delivery notice. If applicable law requires that the communication be “in writing,” you agree that email satisfies that requirement.

9. Dispute resolution

You and min.eco agree that any dispute, claim, or disagreement arising out of or relating to this Agreement or its breach, termination, performance, interpretation, or effect, and to use of the Site and/or Services (collectively, “Disputes”), will be resolved by binding arbitration conducted by the Russian Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (the “Rules”), as modified by this Agreement, except that min.eco retains the right to seek an injunction or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of its copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and min.eco waive the right to a jury trial or to participate as a plaintiff or class member in any purported class or representative action. In addition, unless you and min.eco agree otherwise in writing, the arbitrator may not consolidate claims of more than one person and may not otherwise preside over any form of any class or representative action. If this specific provision is found unenforceable, then this entire “Dispute resolution” section will be deemed void.

Arbitration is conducted in the Russian language. A single independent and impartial arbitrator is appointed in accordance with the Rules, as modified herein. You and min.eco agree to the following rules intended to simplify the dispute-resolution process and reduce cost and burden for the parties: (i) the arbitration is conducted by telephone, online, and/or solely on the basis of written submissions, and the specific format will be chosen by the party initiating arbitration; (ii) the arbitration does not require the personal attendance of the parties or witnesses unless otherwise agreed by the parties in writing; and (iii) any award of the arbitrator may be entered in any court of competent jurisdiction.

10. Copyright infringement claims

min.eco respects the intellectual property of others, takes copyright and other intellectual property protection very seriously, and asks its users to do the same. Infringing activity on or through the Site and Services is not permitted. min.eco will promptly remove or disable from the Site materials that min.eco, after receiving a notice meeting the requirements below, in good faith believes infringe a third party’s rights. Whether min.eco disables access to materials or removes them, min.eco may attempt to forward a written notice to the user who posted the content, including the complainant’s contact information, and/or take other reasonable steps to notify the user that min.eco has received a notice of alleged intellectual property or other infringement. min.eco may also, in its discretion, close accounts of users who repeatedly infringe copyright or who post incorrect or unlawful content. Any notice or counter-notice you send must be truthful and submitted with knowledge of liability for knowingly false statements. A false notice or counter-notice may result in personal liability. Before filing a notice or counter-notice, you may consult a lawyer.

How to report infringement. If you in good faith believe that your copyright or other intellectual property rights have been infringed, provide us with a written notice containing:

• Your name, telephone number, address, and email address;
• A description of the copyrighted work whose rights you believe have been infringed;
• A description of the materials on the Site that you believe infringe the copyright in the work, and where such materials may be found on the Site;
• Your statement that you in good faith believe that such use is not authorized by the copyright owner, its agent, or the law;
• A statement made by you with knowledge of liability for knowingly false statements that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
• Your electronic or physical signature.

Please send your notice to min.eco as follows: Email: ceo@min.eco. You should consult your lawyer and/or the applicable statutory provisions to confirm your obligations to provide a valid notice of claimed infringement.

Counter-notice to restore removed content. If you believe that a notice of copyright or other infringement was filed against you in error, you may send a counter-notice under the Digital Millennium Copyright Act (DMCA) by providing min.eco with a written notice containing:

• Your name, telephone number, address, and email address;
• Identification of the material removed from the Site or to which access was disabled;
• A statement made by you with knowledge of liability for knowingly false statements that you in good faith believe the removal or disabling of the material was a mistake or the material was misidentified;
• A statement that you consent to the jurisdiction of the Federal District Court (i) in the judicial district where your address is located and that you will accept service of process from the Complainant who sent the notice, or his or her authorized agent; and
• Your electronic or physical signature.

Please send your notice to min.eco as follows: Email: ceo@min.eco. A party filing a counter-notice should consult a lawyer regarding that party’s obligations to provide a valid counter-notice under copyright law. False infringement notices or counter-notices. min.eco reserves the right to seek damages from any party that sends an infringement notice or counter-notice in violation of law.

11. Miscellaneous

This Agreement will be binding on each of its parties, their heirs, and permitted successors, and will be governed by and construed in accordance with the laws of the Russian Federation without reference to conflict-of-law principles. However, if the Dispute resolution section is found invalid, all disputes arising between you and min.eco under this Agreement will be subject to the exclusive jurisdiction of the federal courts. This Agreement may not be assigned or transferred by you without min.eco’s prior written consent. min.eco may freely assign or transfer any rights granted to you under this Agreement. This Agreement (including all policies and other agreements described in this Agreement, which are incorporated by this reference) contains the entire understanding of the parties with respect to its subject matter and supersedes both prior and contemporaneous agreements and understandings between the parties regarding its subject matter. Failure or delay by either party in exercising any rights, powers, or privileges under this Agreement will not be deemed a waiver of them. This Agreement does not provide for or create any agency or partnership, joint venture, or employer-employee relationship. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, each of which will remain in full force. The headings used in this Agreement are for convenience only and should not be treated as limiting or affecting any provisions of this Agreement. You consent to receiving messages with news about our service and notifications about the status of your release at the email address you provided at registration.

Contact

For matters relating to this Agreement, send notices to ceo@min.eco.