(edited on «21» december 2014)
(Rules of using the w5kick.tv Service)
1. Description of the Service. Subject of the Agreement.
1.1. Welcome to the w5kick.tv Service on the Internet at the address: http://w5kick.tv, which is also available via specialist software in different user devices under the provisions of this Agreement (hereinafter «the Service»). The Service enables, online, over the Internet and with the help of different electronic devices, to watch audiovisual works, video recordings of sporting competitions, broadcastings of sporting events converted to digital formats (hereinafter «the Video Content»). The Service provides an opportunity to registered users to download photo materials (hereinafter «the Photo Content»).
1.2. The Subject of this User Agreement (hereinafter «the Agreement») is relations between W5 Slovakia, s.r.o. (address: Vajanskeho nabrežie 58/21, Bratislava 811 02, IČO: 47 127 902), which is the administrator and copyright holder of the Service (hereinafter «the Administrator») and you (hereinafter «the User») in regard to using the Service and intellectual activity posted on
1.3. The Service contains the Video Content available for watching by the User free of charge, with or without commercials, and also the Video Content available for watching by the User exceptionally for some relevant charge, which is specified in detail in clause 6 of this Agreement.
2. General provisions
2.1. This Agreement sets the terms and conditions of using the Service by the Users of the Service, who after logging in or without such, starting to use the Service and its functions, become the Users of the Service and Service provided by the Administrator.
2.2. Using the Service, any of its functions and functional by the User means that the User unconditionally agrees to all the clauses of this Agreement and unconditionally accepts its terms and conditions, obliging to observe the duties incumbent on the User under this Agreement. The fact of using the Service, any of its functions and functional by the User, and also the registration of the User on the Service (creating a user account) is the full and unconditional acceptance of this Agreement, the ignorance of which does not release the User from responsibility for the nonobservance of its provisions.
2.3. The Administrator reserves the right, at his/her sole discretion, to amend and/or supplement the Agreement at any time without any prior and/or subsequent notification of the User. The current edition of the Agreement is available on the interface of the Service at the address of the Internet: http://w5kick.tv/about/user-agreement.
2.4. Using the Service, any of its functions and functional by the User after any amendments and/or supplements of the Agreement are introduced means that the User agrees to such amendments and/or supplements.
2.5. The User shall regularly, not less than 1 (one) time in 14 (fourteen) days, read the content of this Agreement with the purpose of timely familiarizing himself/herself with amendments and/or supplements introduced to it.
2.6. Should the User disagree to comply with this Agreement, he/she has no right to use the Service, and, if at the same time he/she is a registered User, he/she shall delete his/her user account or stop using the Service.
3. Intellectual property.
3.1. All intellectual activity results and the Service itself used and posted on the Service are the intellectual property of their copyright holders and are protected by intellectual property legislation and relevant international legal conventions. Any usage of intellectual activity results (including the visual design elements of the Service, insignia, texts, graphic images, artistic prints, photo and video progammes, music and other objects) posted on the Service without the permission of the Administrator or legal copyright holder of relevant intellectual activity results is illegal and may be grounds for judicial proceedings and the imposition of civil, administrative and criminal sanctions on the violators pursuant to applicable law.
3.2. Apart from the cases specified in the Agreement and also current legislation, no intellectual activity result posted on the Service can be copied (reproduced), reprocessed, distributed, displayed in a frame, published, downloaded, handed over, sold or otherwise used as a whole or in parts without a prior permission of the Administrator or of the legal Copyright Holder of relevant intellectual activity results, unless the Administrator has explicitly expressed his/her consent to the free use of the materials by any person.
3.3. Access to intellectual activity results posted on the Service is granted by the Administrator exceptionally for the Users’ personal, noncommercial usage with the purpose of familiarizing himself/herself with them exceptionally through the Service, without any right to the reproduction (including copying/downloading) of the above-said intellectual activity results in the memory of the Users’ electronic devices, and also without any right to other use of the above-said intellectual activity results, not specified in this Agreement, including selling, modifying and distributing them as a whole and in parts, and so on.
3.4. Any use of the Service or intellectual activity results posted on it, except as otherwise provided for in the Agreement, or explicitly expressed by the Administrator’s or author’s (copyright holder’s) consent to such use, without the Administrator’s or author’s (copyright holder’s) prior written permission is categorically forbidden.
3.7. In regard to some certain part of the Video Content on the Service, the Administrator offers the User an opportunity to use media player on the Service to copy the Embed-code of a specific instance of the Video Content to the User’s personal pages in different social networks (including Vkontakte, Facebook, Livejournal, and so on). For the purposes of the present Agreement, the Embed-code shall be understood to be a hyperlink to a specific instance of the Video Content, enabling to show the Service media player with such instance of the Video Content (with the possibility of watch it on the Service media player) on third-part websites on the Internet apart from the Service, in the way when such instance of the Video content shall be stored and made available to the public immediately from the server equipment belonging to the Administrator or rented by the Administrator, and placing such hyperlink on third-party website shall not entail the actual placement of the Video Content instance on such third-party website. The Administrator makes a special focus that the above-said function of the Service is designed exceptionally for the User’s noncommercial use, exceptionally for the purpose of placement of the Embed-code on the personal page of one of social networks on the Internet. Any use of the Video Content or Embed-code not provided for in this Agreement shall infringe the provisions and exclusive rights of the Copyright Holders and may result in the incurrence of liability provided for in legislation in force.
4. The Administrator’s rights and liabilities
4.1. The Administrator’s obligations are to ensure providing the technical capacity of receiving access by the User to the Service within the licensed territory as provided for in this Agreement.
4.2. The Administrator reserves the right, at his/her sole discretion, to amend or delete any information posted on the Service, and also the Video Content and any elements and constituent parts of the Service, suspend, restrict or terminate the User’s access to all or any of the Service sections at any time, and due to any reason, without explaining the reasons, with or without prior notification (at the Administrator’s discretion). Having said that, the Parties agree that the Administrator shall not incur any liability for any damage caused to the User as a result of those actions.
4.3. The Administrator has the right to establish any limits for the use of Service, to unilaterally amend this Agreement at any time, without the User’s consent.
4.4. The Administrator has the right to send newsletters to the Users, containing organizational, technical or some other information about capabilities of the Service.
4.5. The Administrator has the right to provide the User with an opportunity of creating the only personal user account (profile) within the Service. Should the User create more than one user account, the Administrator reserves the right to delete the user accounts created by the User and/or to deny using the Service to the User.
4.6. The Administrator has the right to set an age limit when the User accesses the Video Content on the Service designed for the users of some certain age. It means that the Users under the age specified by the Administrator shall abstain from access to and/or watching such Video Content, about which the Administrator can notify the Users, placing the signs of information products on the Service or through informational announcements when the Users make an attempt to watch the Video Content meant for the users of a certain age.
4.7. The Administrator has the right to place commercials and/or other information in any section of the Service, break demonstrating the Video Content with commercials, to which the User gives his/her consent to the Administrator under this Agreement.
4.8. The Administrator has the right to place the Video Content on the Service, both translated into Russia (including those with subtitles) and not translated into Russian (in the original language) without any additional notification of the User about it. At the same time, the User, using the Service, expresses his/her unconditional consent to watching the Video Content in the language version available on the Service and obliges to abstain from claims and demands to the Administrator in terms of the accessibility of any given Video Content on the Service, translated and dubbed into Russian.
4.9. The Administrator is obliged not to do the following on the Service:
4.9.1. Place home addresses, telephone numbers and other personal information (personal data) of the Users, not having received their personal consent to such actions;
4.9.2. describe or propagandize criminal activity; place instructions and guides on committing criminal activities.
5. The User’s rights and obligations
5.1. The User shall use the Service for lawful purposes, comply with legislation in force and the legitimate interests of the Administrator and Copyright Holders, whose Video Content and other intellectual activity results are placed on the Service.
5.2. The User shall not use the Service for the registration of more than one user account for the same person.
5.3. The User shall abstain from exercising actions aimed at destabilizing the work of the Service, from making attempts to get unauthorized access to the Service, intellectual activity results placed on it, and from taking any other actions violating the rights of the Administrator and/or third persons.
5.4. The User shall not send through/via the Service the materials which advertise some goods or service, not having received the Administrator’s prior consent. The User shall not use the Service for advertising or any other promoting of the sale of any goods and services.
5.5. The User has no right to reproduce, replicate, copy, sell and resell the Service, or use it in any manner for any commercial purposes, and/or any parts of the Service content, without the Administrator’s and/or Copyright Holders’ written consent to the intellectual activity results placed on the Service.
5.6. The User has the right to terminate using the Service and opt out of the user account created by him/her, sending the Administrator a query about the deletion of his/her user account from the Service to the following email address: firstname.lastname@example.org from his/her email address indicated when the User registered on the Service. The Administrator shall delete the user account of the User within 30 (thirty) days after receiving the User’s query corresponding to the above-said conditions.
5.7. When registering (creating a user account), the User shall submit accurate, update and complete information about himself/herself, which can be requested by registration forms of the Service (hereinafter «Personal Information»).
5.8. The User shall take appropriate measures to keep his/her user account (including email addresses) and password in undamaged condition, and is liable for all actions taken on the Service under his/her user account (login and password). In view of the above-mentioned, the User shall log out of his/her user account (ending each session, pushing the exit button) before going to some other websites or closing the browser (the Internet explorer). The User shall immediately notify the Administrator about any case of access to Service by third persons under the user account of the User. The user has no right to hand over, assign, sell, make available for use and so on his/her user account on the Service to third persons, without the Administrator’s consent.
5.9. The User shall update his/her Personal Information and other information that he submitted when registering in case it has changed in order to ensure it is accurate, update and complete.
5.10. The User shall be held fully liable for any actions taken by him/her, using his/her user account, and also for any consequences that could be caused or were caused by such using.
5.11. The User shall use the information received on the Service for exceptionally lawful and personal purposes, not contradicting ethical principles and shared values.
5.12. The User who has reached the age of 18 years shall guarantee that access to the Service by underage people shall be overseen by him/her; and that using the Service by underage people shall be overseen by the User who has reached the age of 18 years, who shall comply with all the restrictions provided for in legislation in force and this Agreement. The User who has reached the age of 18 years, by no means, does not/shall not grant underage people access to the sections of the Service and Video Content designed for the adult Users and which is forbidden to be watched by underage people.
5.13. The User shall not try to disable or otherwise interfere with the technical protection means of the Service and intellectual activity results placed on it, which prevent or restrict using and copying any information or intellectual activity results placed on the Service.
5.14. The underage User shall abstain from watching the sections of the Service and Video Content designed for adult people.
5.15. The User shall not try to change or modify any part of the Service (including the Service media player in which the Video Content is demonstrated) and shall not use the Service and intellectual activity results placed on it in commercial purposes.
5.17. When using the Service, the User is forbidden to download, store, publish, distribute, provide access to, or otherwise use any information that:
• contains threats, discredits, insults, denigrates honour, dignity or business reputation and infringes the right to privacy of other Users and third persons;
• infringes underage persons’ rights;
• is vulgar and obscene; contains bad language; contains pornographic images and texts, or sexual content;
• contains the scenes of violence, or inhumane treatment of animals;
• contains description of the means and ways of committing suicide; any incitement to committing it;
• propagandizes and/or facilitates spreading racial, religious, ethnic hatred and enmity; propagandizes fascism and the ideology of racial superiority;
• contains extremist materials;
• propagandizes criminal activity and contains advice, instructions or guides on committing criminal activities;
• contains confidential information, including but not limited to state and commercial secrets, information about third persons’ private life;
• contains commercials;
• is fraudulent;
• is the intellectual property of third persons who did not allow the User to use it, and which also infringes other rights and interests of individuals and legal entities, or the provisions of legislation of the Russian Federation.
5.18. Using the Service, the User shall give his/her consent to the Administrator to receive commercials placed on the Service and/or in the process of demonstrating the Video Content. Should the User disagree to this Agreement, the User has the right not to use the service, to opt out of using it completely.
5.19. The User shall comply with other obligations provided for in this Agreement.
6. Terms and conditions of exercising access to the chargeable Video Content on the Service.
6.1. As part of the Service, the Administrator shall provide the Users with access to watching the Video Content for a certain fee, according to the special section of the Service «_____________». The chargeable Video Content on the Service is marked with icons informing the User that he/she shall be charged for access to watching the Video Content. As part of the Service, the Administrator shall provide the Users with the following chargeable services of access to watching an appropriate Video Content (hereinafter « Service »):
6.1.1. The Service of Subscription is a service of providing the User by the Administrator, for subscription fee, with access to receiving streaming of the number of unites of the Video Content specified by the Administrator based on a certain period of time (3 months, 6 months, 12 months) via the Service, without the possibility to download and copy the unites of the Video Content (except for temporary copying, which is an integral part of the technical process) into the User’s device memory, in accordance with the terms and conditions, restrictions and specifications provided for in this Agreement and the Service. This Service shall be effective on the date the subscription fee is paid by the User, and the fact of payment for the Service is disclosed in the Administrator’s paying-in electronic system. The User has the right, at any time, to opt out of using this Service in the manner specified in clause 6.5. in this Agreement.
6.1.2. The Service of Broadcasting is a service of providing the User by the Administrator, for a fee, with one-time access to watching the broadcasting of a sporting event via the Service, without the possibility to download and copy the unites of the Video Content (except for temporary copying, which is an integral part of the technical process) into the User’s device memory, in accordance with the terms and conditions, restrictions and specifications provided for in this Agreement and on the Service. This Service shall be effective on the date the subscription fee is paid by the User, and the fact of payment for the Service is disclosed in the Administrator’s paying-in electronic system, but not earlier than the beginning of an appropriate broadcasting. Access is stopped as soon as an appropriate broadcasting is over. Having paid the Service of Broadcasting, the User has no possibility to watch a record of an appropriate sporting event from the archive of the Video Content of the Service.
6.1.3. The Service of Photo Archive is a service of providing the User by the Administrator, for a fee, with access to photos of the Service, with the possibility to download and copy the Photo Content into the User’s device memory. This Service shall be effective on the date the fee is paid by the User for an appropriate unit of Photo Content, and the fact of payment for the Service is disclosed in the Administrator’s paying-in electronic system.
6.2. The Price of the Service For the User is disclosed on the pages of the Service, with an appropriate Video Content or Photo Content that the User wishes to purchase as part of any given Service, and may vary for the same Video Content or Photo Content, depending on the User’s device via which the User purchases this Video Content or Photo Content, or on other conditions. Paying any given Service on his/her device, the User unconditionally agrees to the price of such Service on this device, and has no objections to any potential differences in price of this Service should he pay it on some other device.
6.3. When paying the Service of the Service, the User confirms that he/she is fully aware of and understands the terms and conditions of this Agreement and accepts, and also realizes and agrees that the Administrator reserves the right, at any time, to delete any Video Content or Photo Content from the Service, without notification of the User, including the cases related to the expiration of licence agreements of the Administrator with the Copyright Holders of the Video Content or Photo Content, and/or the right to add any Video Content or Photo Content to the Service, without notification of the User. Prior to paying the services of the Service, the User shall preliminary familiarize himself/herself with the list of units of the Video Content or Photo Content as part of the services being purchased, and he/she is fully satisfied with the content of this list.
6.4. The Administrator has the right to block the User’s access to the Service and/or to his/her user account, and/or to the Services (including the paid ones) should the User violate the provisions of this Agreement or in case the Administrator considers the User’s actions to be fraudulent or aimed at damaging the Service, casting a slur on the reputation of the Service or brand, DOS-attacks and so on. The money paid by the User for the Services of the Service in this case shall be irrevocable, and the User’s Account shall be blocked.
6.5. Payment for the Services is effected by way of purchasing the Credits, a conditional accounting unit of the Service. The Credits are paid by way of debiting monetary means for the Credits via the PayPal payment system or other methods, explicitly allowed by the Administrator. All valid payment methods can be seen by the User after registration on the Service on the browsing page and purchasing the Video Content and Photo Content available for viewing as part of the Services, marked appropriately. The Credits are charged to the User’s Account. An analytical ledger in the Administrator’s billing system shall be understood to be the User’s Account. This Account is assigned to the User when he/she logs in on the Service in the User’s Self-Care Account in order to refill his/her account and pay the Services and to have the money he/she paid seen and accounted. The amount of the Credits effected by the registered User as an advance payment for the Services shall be disclosed on the Account. Payment for the Services with the use of the User’s Account shall be effected by way of margin reduction of the Credits disclosed on the User’s Account, in accordance with a Service chosen.
6.6. Access to watching the chargeable Video Content placed on the Service as part of the Services is granted to User after he/she has paid the Services and the Administrator has received an appropriate fact of payment. Unless otherwise expressly provided for in this Agreement, to purchase the Services the User shall log in, choose an appropriate Service and payment method, effect payment according to the further instructions on the Service. Activating the user account of the User by way of typing the login and password in the special form of the Service interface provided to the User when he/she shall register on the Service shall be understood to be logging-in in the context of this Agreement. The Parties accept and agree the Administrator is not liable to the User for not crediting the User’s Account for the reasons that do not depend on the Administrator, including but not limited to the software failure and the breaking-down of the equipment of banks and communications service providers, payment systems and other payment mediators who ensure receiving payments for the Services from the Users and transmitting them to Administrator. The Parties also accept and agree that the Administrator shall not be liable to the User for not providing him/her with the Services until the money from the User for the Service credits the Administrator’s current account.
6.7. Access to the Video Content as part of the Services shall be granted in accordance with the specifications provided for in section 7 of this Agreement, and from a restricted number of the User’s technical devices (personal computers, laptops and so on) at the same time, which is indicated in detail on the Service page, on which the Video Content available for watching as part of the Services is placed.
6.8. The price of the Services, their content, time limits and procedure for payment (including the amount of the Video Content available as part of the Service of Subscription) can be amended by the Administrator unilaterally, without special notification of the User about it.
6.9. When paying the Services, the User shall unilaterally agree that the devices on which he/she plans to watch the Video Content exactly conform with the specifications provided for in section 7 of this Agreement, and also that he agrees to perform the acts required to access the Services specified by the Administrator in this Agreement and on the Services. All issues of purchasing the right to access to the Internet, purchasing and adjusting equipment and software appropriate for it are solved by the User on his/her own and do not fall within the scope of this Agreement, and the Administrator is not liable for these actions of the User and third persons.
6.10. Should the Services be paid by the registered User but not provided due to the fault of the Administrator within 30 (thirty) calendar days from the date of paying them, for the reason of the outage of the Services, the Administrator, basing on the User’s written application sent by post to the Administrator’s postal address specified on the Service, shall return the User the sum aid by him. In order to be able to get the money back, the User shall keep all the email letters sent by the Administrator and bank, and confirming the fact of payment until the end of using the Service. The amount of money disclosed in the User’s Account is determined via the use of the Administrator’s equipment. Unexpended funds or missent payments shall be transmitted back to the User’s bank account, based on the User’s original written application, with the indicated registration data (login and password) of the User and a copy the User’s passport should the User confirm for the Administrator that it is him/her who is the owner of the Account on the Service.
6.11. The underage Users have no right to use the paid Services, without the consent of their adult representatives – parents, adoptive parents and guardians.
6.12. The Parties to this Agreement confirm and agree that the Services shall be considered provided at the moment the User pays them.
6.13. The User shall confirm his/her consent to payment of commissions to third persons, effecting payments for services. The amount of commission for each payment method of services shall be indicated when the User effects payment for the services in the form of payment on the Service.
6.14. The User confirms and agrees that the Services are available for the User on the following terms:
1) via the Internet website interface http://w5kick.tv/ - with the use of computer devices and
2) via software applications and devices functioning on the IOS (IPhone/IPad) operating system and
3) via software applications on devices functioning on the Android operating system and
4) via software applications on TV-sets with the smart TV function (LG and Samsung TV models produced in the year 2012 and later)
6.15. When paying the Services, originally available via the Internet website interface http://w5kick.tv/, with the use of computer devices, on condition that the User logs in under the same user account on devices functioning on the IOS (IPhone/IPad) operating system, such services shall be available for the User on the above-said devices functioning on the IOS (IPhone/IPad) operating system.
6.16. The User confirms and agrees that the Services provided for in this section of the Agreement are unavailable (not provided):
1) on devices using unlicensed, unauthorized, hacked software applications, operating systems, other technical means,
2) on Apple TV devices connected to TV-sets via the airplay technology; on portable players connected to TV-sets (for instance, a DVD player, Blu-ray player etc.) because of the Copyright Holders’ restrictions on the Video Content and the encrypting systems of the paid Video Content. Should the User fail to comply with this provision of the Agreement, the money paid for the chargeable Services shall not be returned; the Administrator shall not be liable for the User’s failure to comply with this provision of the Agreement or reading it untimely.
6.17. While the Video Content is on the Service, the Administrator has the right, without the consent and notification of the User, to change the price and type of the Service within which this Video Content shall be provided to the new Users; after the expiry of a certain period of time, access to such Video Content shall be granted free of charge, breaking the demonstration of the Video Content with commercials.
7. The specifications of the User’s software and equipment for the use of the Service.
7.1. Save where otherwise provided for in the Agreement, to use the Services, the User needs registration and Logging-in on the Service, specialist technical means to access the Internet and Service, and compatibility with web-interfaces (hereinafter «the Technical Means of Access»). Personal computers and other devices with an operating system installed on them and installed software applications for compatibility with web-pages and the Internet (hereinafter «the Browsers»)
7.2. The Service offering is designed to be compatible only with the latest versions of the Browsers officially produced by their developers, and/or with the software applications developed by the Administrator.
7.3. The Service offering is designed to be compatible only with the official licensed and not modified software.
7.4. For the Service to work properly, the User’s Browser shall meet the following requirements:
a) There should be installed an Adobe Flash Player 10.3, but not a later version, including components for it required for protection of the Video Content from unauthorized using. Periodic upgrading of the above-said software, including its component, up to the latest version is the User’s responsibility. The risk of failure to watch the Video Content due to not having Adobe Flash Player, including its components, and/or failure to upgrade the Adobe Flash Player, including its components, up to the latest version, shall be fully taken by the User.
c) Software locks of commercials, content downloaders, other Browser extensions, changing the technical properties of the Service, are disabled.
d) Access functions through intermediate (proxy) servers, including those with compression (the Turbo mode).
7.5. For the Service to work properly, the Technical Means of Access shall meet the following requirements:
a) The Technical Means of Access shall be connected to the Internet at a speed not less than 1.2 Mb/s; minimum width of the channel for WIFI shall 1 Mb, for the HD quality 5 Mb; the minimum width of a channel for 3G shall be 64 Kb, optimum speed shall be 256 Kb;
b) Frequency of the Central Processing Unit (CPU) shall be not less than 2 GHz. The CPU model shall be not lower than Pentium 4 or its analogues.
c) RAM capacity on the Technical Means of Access shall be not less than 1 Gb.
d) Firmware version on the Technical Means of Access functioning on the IOS operating system shall be not lower than version 6;
e) Firmware version on the Technical Means of functioning on the Android system shall be not lower than version 2.3;
f) For TV-sets with the Smart TV function, the latest software (firmware) version shall be installed, indicated on the official website of the producer of an appropriate TV-set;
g) Current date, time and time zone in accordance with the location of the User shall be set on the Technical Means of Access. It is recommended to adjust the automatic synchronization of time in accordance with the guide of the Technical Means of Access.
7.6. The Users accept and agree that the Administrator shall not provide the Users with communications services which are subject to the Russian Federation law «On communications», and shall not be liable for failures in the equipment and communications networks belonging to third persons and used to provide the Users with communications services.
7.7. The Users accept and agree that the speed of access to the Service and/or watching the Video Content on the Internet may change in virtue of loading of the User’s channel with traffic from other resources or for some other reasons, not depending on the Administrator. The Administrator shall not be liable for the fact that the User, at some certain time in a certain place, the User failed to get access to the Service and/or watching the Video Content for the reason of the low speed of access.
7.8. Should the User encounter any technical problems related to the use of the Services (watching the Video Content), the Parties shall understand and agree that the User, prior to submitting a claim to the Administrator, shall take all possible steps to eliminate the technical problems listed on the following page of the Service: http://w5kick.tv/about/support. In case the measures listed on the page of the Service were used by the User to eliminate the technical failures but did not help, the User has the right to submit a claim to the Administrator on the Service dedicated page: http://w5kick.tv/about/support, to be considered by the Administrator within 30 (thirty) days from the date of receiving it.
8. Liability. Limitation on Liability.
8.1. The Users accept and agree that the Administrator may delete or shift (without any notification) any intellectual activity results placed on the Service (including the Video Content) at his/her own discretion, for any reason or without a reason, including, without any limit, shifting or deleting intellectual activity results.
8.2. The Users accept and agree that the Administrator shall not be liable to him/her for any content not placed on the Service by the Administrator, including but not limited to the following: texts, comments, images and any other information placed on the Service by third persons.
8.3. The Administrator shall not be liable for any mistakes, omissions, interruptions, deletions, defects, delays in the processing and communicating of data, lineouts, theft, destruction or the unlawful access of third persons to intellectual activity results placed on the Service. The Administrator shall be liable for any technical failures or any problems related to the telephone lines and functions, computer systems, servers and providers, computer or telephone equipment, software, failures of email servers or scripts for technical reasons. The Administrator shall not be, either, liable for the fact that the Service as a whole or in its parts (functions) does not meet the Users’ expectations, fault-free and continuous work of the Service, termination of access to the Service and intellectual activity results placed on the Service, safety of the User’s login and password ensuring access to individual functions of the Service, losses arising for the reasons related to hardware and software technical failures.
8.4. The Administrator shall not use the User’s data received on his/her logging-in, for self-interested aims and guarantee non-disclosure of these data. Disclosing this information about the User by the Administrator shall not be deemed to be a breach, when done at the demand of state regulatory bodies and law-abiding bodies in cases the disclosing of such information shall be the Administrator’s liability in virtue of legislation and for the purposes of providing proper service.
8.5. The User is fully liable for the safety of his/her login and password and for the losses that may arise as a result of losing them or unauthorized usage of his/her use account. The User is recommended to change his/her password. The Administrator shall not be liable and indemnify for the losses arising as a result of unauthorized usage of the User’s login and password of the use account by third persons. All the action taken by a guest who used the User’s login and password shall be deemed to be the User’s actions. The User shall be liable for all actions by the person who has logged in on the User’s behalf.
8.6. The Administrator shall not be liable for any damage inflicted to the User’s or some other person’s electronic devices, mobile devices, any other equipment or software caused by or related to using the Service.
8.7. By no means, shall the Administrator be liable to the User or any other third persons for any direct or indirect accidental damage, including lost opportunity or missed data, damage inflicted to honour, dignity and business reputation, caused by the usage of the Service. In any case, the Parties shall agree that the amount of damages the Administrator shall pay to the User for violations related to the usage of the Service or to this Agreement shall be restricted by the Parties to an amount of 30 (Thirty) US dollars or its rouble equivalent.
8.8. The Administrator shall not be liable to the User and any third persons for:
• the User’s actions on the Service;
• the content, lawfulness and authenticity of the information used/received by the User on the Service;
• the quality of goods/work/ service purchased by the User after watching commercial messages (banners, clips etc.) placed on the Service, and their nonconformance to accepted standards and to the User’s expectations;
• the authenticity of the commercials used/received by the User on the Service, and the quality of goods/work/services advertised on the Service;
• the consequences of applying the information used/received by the User on the Service.
8.9. The Administrator shall not be liable for the User’s violation of the terms and conditions specified in this Agreement, and shall reserve the right, at his/her own discretion and on receiving information from any third persons about the User’s violation of the terms and conditions specified in this Agreement, or violation of third persons’ interests, to amend (moderate) or delete any information posted by the User, and suspend, restrict and terminate the User’s access to all or any of the sections of the Service at any time, for any reason, or without any reason, with a prior notification or without such, not bearing liability for any damage that could be inflicted to the User by such action.
8.10. Should third persons submit claims related to the usage of the Service by the User to the Administrator, the User shall, on his/her own and at his/her expense, settle the above-said claims with third persons, securing the Administrator from possible damages and proceedings.
8.11. The Service may contain links to other resources of the Internet.
The User accepts and agrees that the Administrator shall not oversee and bear liability for failure to access these resources and for their content, and for any consequences related to using these resources. Following any link, the User shall do it at his/her own peril and risk.
9. Final Provisions
9.1. This Agreement and relationship between the Administrator and the Use are governed by and shall be construed in accordance with the laws of the Russian Federation. All the issues unsettled by this Agreement shall be subject to settlement in accordance with the laws of the Russian Federation. The Parties to the Agreement shall consent to the exceptional court jurisdiction of the Russian Federation should a dispute of legal nature related to this Agreement or Service arise.
9.2. Should any of the provisions of this Agreement be invalid for some reason or having no legal force, it shall not affect the validity and applicability of the rest of the Agreement provisions.
9.3. This Agreement is concluded for an unspecified period of time and shall cover the Users exercising access to the Service and using it both prior to the date of publishing this Agreement and after the date of publishing it on the Service.
9.4. This Agreement is a public offer pursuant to article 437 of the Civil Code of the Russian Federation. The User’s consent to the provisions of this Agreement (acceptance) shall be deemed to be the actual use of the Service, its functions, Service and intellectual activity results placed on it, or the fact of the User’s logging-n on the Service (in case the User has logged in on his/her own).
9.5. The Parties have agreed that all the disputes arising from relationship between the Parties shall be settled in the Arbitrary court of Moscow, with the binding compliance with the pre-court dispute settlement procedure. The Parties understand and agree that the procedure of the settlement of disputes arising between the Parties, related to the technical problems in the work of the Service, specified in this provision of this Agreement, is the binding one when applying to court.
9.6. Registration in the application allows User to use the same account to log on to the supported Apple devices while maintaining balance, list of purchased content and profile settings.