User Agreement (Rules for Using the Service)
1. Description of Services and Subject of Agreement
1.1. Welcome to the UKRAINE TV Service, available as mobile applications, applications for media set-top boxes, and posted via the Internet at www.ukrainetv.tv (hereinafter referred to as "the Service"). The Service allows the persons in the territory of the European Union and using IP addresses assigned to Internet providers of the European Union to gain access to viewing / listening on-line various licensed audio-, video- and audio-visual content, including theatrical, documentary, popular-science, educational, animated, movie, television and video films, broadcasts of sports events, etc. The Service can also include the access to watching the TV channels, listening the radio stations, as well as the other content.
1.2. The subject of this User Agreement (hereinafter referred to as - "the Agreement") are the relationships between SPAROTIN LIMITED, Company, Registration Number 152008, located at: Julia House 3, Themistokli Dervi street, P.C. 1066, Nicosia, Cyprus (which can act, including but not limited, in the name and / or on behalf of and / or by means of the VIDEO CONTENT LIBRARY LIMITED, Company (registration number NI622105), located at: Forsyth House , Cromac Square, Belfast, United Kingdom BT2 8LA), as the Administrator and owner of the Service (hereinafter referred to as "the Administrator") and you (hereinafter referred to as "the User") concerning the use of the Service, access to the content via the Service, and the use of other Service services.
1.3. Access to the viewing / listening the content available in real time via the global Internet and various electronic devices having access to the Internet. In some cases, the specific telecommunications networks ISPs can limit the access to the Service or its individual elements by virtue of the current legislation requirements or the Administrator agreements with the rights holders.
1.4. The Service provides both access to the content without charging the User's fees, and online pay access. Free access to the content shall be possible subject to prior registration with the Service User to create the Account for this User. The Registration is the User volitional action as to making decision subject to conditions of the User Agreement and shall be implemented by entering your email address to the Service application with further receipt of a message containing the password and using the password for entering to the User Account. Change of the received password, adding the other User data will be possible at the Account after Registration.
Service Application – the Service official application for mobile phones and other devices available for download in the app store.
The Account is a way of keeping individual User payments and his consumption of services, provides the display and record of receipt and writing off money contributed by the User to pay for access to the Service, of the User all orders for the One-time access and / or Access by subscription, and other services. The conditions of access to the content are regulated in detail later in this Agreement.
1.5. The Users access to the content posted on the Service is limited by the territory of the European Union. The User guarantees that by using the Service he is in the territory of the European Union. The Administrator shall use the geo-filtering access to the viewing / listening the content on IP-addresses of the Users that shall restrict access to the Service and its content outside the European Union. The User ensures that he does not and will not perform any actions to circumvent technical protection equipment used by the Administrator.
1.6. The Service shall provide the possibility of viewing / listening the content on the Service Application so that storing and making available such content to the public shall be made directly with the Administrator server hardware and does not actually posting content to the Service Application or equipment of the third parties.
1.7. The User understands and agrees that the Administrator may, in its sole discretion and without special notice of the User, change the content and / or functionality of the Service.
2. General Provisions
2.1.This Agreement shall established the rules and conditions of the Service use by the Users that after the Registration or without it, making use of the Service and its services, will become the Users of the Service and of the services provided by the Administrator.
2.2. The User's use of the Service or any of its services and functions shall mean the unconditional consent of the User with all clauses of this Agreement and unconditional acceptance of its conditions and obligations imposed to the User under this Agreement. Actual use by the User of the Service, any of its services and functions, and User Registration on the Service (the Account creation) will be the complete and unconditional acceptance of the terms of this Agreement, the ignorance of which shall not exempt the User from liability for their non-compliance.
2.3. The User shall be obliged to be regularly acquainted with this Agreement content, for timely information of its changes. The use of the Service after any modification of the Agreement shall mean the User's consent to such modifications and / or amendments.
2.4. The Administrator reserves the right in its sole discretion to modify and (or) to amend the Agreement at any time without prior and (or) further notification of the User. The modifications shall take effect from the date of their posting on the Service Application and / or on the Service itself, unless otherwise expressly stated by the Administrator. The current version of the Agreement is available on the Service interface.
2.5. If you (the User) do not agree to abide by this Agreement - do not use the Service, and if you are the Registered User - stop using the Service.
3. Intellectual Property
3.1. All used and posted on the Service results of intellectual activity and the Service itself are the intellectual property of their legal holders and are protected by the Intellectual Property legislation and relevant international agreements and conventions. Any use of the posted on the Service results of intellectual activities (including visual design elements of the Service, symbols, texts, graphics, illustrations, photos, videos, programs, music, and other objects) will be illegal without permission of the Administrator or the copyright holder and may cause the trial and bringing offenders to the civil, administrative and criminal liability under applicable law.
3.2. Except the cases, stipulated by the Agreement and by the applicable law, any result of intellectual activity posted on the Service, cannot be copied (reproduced), remade, disseminated, displayed on the frame, published, handed, sold or used otherwise in whole or partially, without prior permission of the Administrator or the copyright holder.
3.3. Access to the results of intellectual activity posted within the Service shall be provided by the Administrator only for your personal non-commercial use without the right to reproduction (including copying / loading / saving) these objects in memory of the users' electronic devices, and without the right to another use not covered by this Agreement, including their sale, modification, dissemination in whole or partially, etc. Commercial use, use in the field of HoReCa and other use not stipulated by this Agreement shall be a violation and can serve the basis for prosecution under the active law and this Agreement.
3.4. Any use of the Service or of the results of intellectual activity posted on it, except permitted in the Agreement, is strictly prohibited.
3.5. The Administrator reserves the right at any time to delete from the Service any intellectual activity results posted on it without notifying the User.
4. Rights and Liabilities of the Administrator
4.1. The Administrator liabilities consist only in the provision of technical opportunities for the User's access to the Service in the territory of the European Union and the IP addresses assigned to the Internet providers of the European Union in the manner specified in this Agreement (hereinafter referred to as "the Service").
4.2. The Administrator reserves the right at its sole discretion, to modify or to delete any published within the Service information and the content and any elements and components of the Service, to suspend, restrict or terminate the User's access to all or any of the Service sections at any time and for any reason. At that, the Parties agree that the Administrator shall not be responsible for any damage that may be caused to the User by such actions.
4.3. The Administrator shall have the right to impose any restrictions on the Service use, at any time to modify this Agreement unilaterally without the consent of the User.
4.4. The Administrator shall have the right to send to the Users the information messages. In particular, the Administrator can perform deliveries that include organizational, technical or other information about the capabilities of the Service. The deliveries to the Users can be made in the form of messages both on the e-mail and on the mobile phone specified by the User at registration within the Service or when ordering.
4.5. Making use of the Service the User shall give its consent to the Administrator to receive advertising information posted directly on the Service and any other information of the advertising and informational nature. Such information can be received by the User in the form of pop-up messages while using the Service, while viewing / listening the content, in the form of messages to e-mail, registered on the Service, and by the other similar methods. In case of disagreement of the User with this clause of the Agreement, the User shall have the right to refuse to the Service further use.
4.6. The Administrator shall give a possibility to the User to create a single personal Account. When the User creates more than one Account the Administrator reserves the right to delete the User-created Accounts and / or to deny the User in the use of the Service, except as expressly provided by the Administrator (for example, payment of the subscription directly through a web interface and conclusion of the subscription agreement in accordance with Section 7 of this Agreement).
4.7. The Administrator shall have the right to set the age restrictions on access to the content intended for adult audience, posted on the Service. Given such limitations, the User who is under 18 years shall be obligated to refrain from accessing such content, which the Administrator can notify the User using the popup when the User is trying to view / listen the content intended for the adult audience of the Service.
The Administrator also shall have the right to set other restrictions when accessing the content taking into account the requirements of applicable law, agreements with the rights holders and other partners of the Administrator.
4.8. The Administrator shall have the right to post advertising and / or other information in any section of the Service, to interrupt the content demonstration with advertising information whereon the User gives its consent in this Agreement.
4.9. The Administrator shall be liable:
· do not post on the Service the home addresses, telephone numbers, email addresses and other personal information (personal data) of the Users or of any third parties without obtaining their personal consent to such actions in accordance with the applicable law;
• do not place any files that contain or may contain viruses or other malicious programs;
• do not describe or popularize the criminal activity, do not place instructions or guidelines on the execution of criminal acts;
• do not post on the Service any information that violates the rights of the third parties on the subject matters of intellectual activity.
4.10. The Administrator shall not deal with the pre-moderation or censorship of the User's comments and shall take measures to protect the rights and interests of the individuals and ensuring compliance with current legislation only after a reasonable request of the interested party to the Administrator.
5. Rights and Liabilities of the User
5.1. The User shall undertake to use the Service only for lawful purposes, to comply with applicable law, and with the rights and legitimate interests of the Administrator and the rights holders.
5.2. Access to the content within the frame of the Services shall be provided in accordance with technical requirements specified in this Agreement. Getting to use the Service, the User unconditionally agrees that the devices that he plans to use for viewing the content are in full compliance with technical requirements specified in this Agreement and that he agrees to take all actions necessary to access the services specified by the Administrator in this Agreement.
5.3. All issues relating to the acquisition of rights of access to the Internet, buying and setting the related equipment and software, will be decided independently by the User. These issues will not come under this Agreement, and the Administrator shall not be responsible for these actions of the User or of the third parties.
5.4. The User acknowledges and agrees that the services specified in this section of the Agreement will be available to the User only with using the equipment connected to the Internet. The services may not be available (to have limited functionality) at using the devices that do not meet the technical requirements for using the service set by the Administrator and specified in this Agreement.
5.5. Registration on the Service of more than one Account of the same person is prohibited.
5.6. The User shall be obliged to refrain from actions aimed at destabilizing operation of the Service operation, the attemption of unauthorized access to the Service, to the results of intellectual activity posted on it, as well as carrying out any other actions that violate the rights of the Administrator and / or the third parties. The Administrator reserves the right at any time in its sole discretion to suspend, restrict or terminate the User's access to the Service or to the specific Service Application services, including but not limited to, in case of the violation by the User of this Agreement and / or applicable law.
5.7. The User shall undertake not to send via / through the Service the materials that are advertising of any goods or services without prior written consent of the Administrator. The User shall undertake not to use the Service for advertising or other sales promotion of any goods or services.
5.8. The User shall have no right to reproduce, replicate, copy, sell, resell and use in any way for any commercial purposes the Service and (or) any part of the content of the Service without the consent of the Administrator or the authorized rights holders.
5.9. At Registration (creation of the Account) the User shall be obliged to submit the accurate, current and complete information about himself, which can be requested by the registration forms of the Service Application or directly by the Service (hereinafter referred to as "the Personal information"). The User understands and agrees that Personal information will be used by the Administrator (its employees and contractors involved by the Administrator) solely in connection with the Service, its use by the User and providing the due Service operation, including for accounting, internal statistics, accounting and tax accounting of the Administrator and for informing about new services, functions and possibilities of the Service, to poll of any I aspects of the Service operation, to collect the debts, both by the Administrator itself and with the assistance of the third parties. The expiration date of use of the Personal information is limited to a period equal to the period of use of the Service and 3 years after the last fact of access to the Service if the law did not set another, longer term. The Administrator shall be obliged do not disclose information about the User to the third parties without the consent of the User, except for the information disclosure at the request of the Court and / or law enforcement authorities under the active law.
5.10. The User shall be obliged to respond appropriately to ensure the integrity of the User Account (including his e-mail address) and the password. The User shall be responsible for all acts committed within the Service from his Account (e-mail address and the password). In this regard, the User shall be obliged to exit from his Account (complete each session with the "Exit" click).
The User shall be obliged to immediately notify the Administrator of any cases of access to the Service by third parties under the User's Account. The User shall have no right to pass, transmit, sell, and transfer to use etc. the Account on the Service to third parties without the consent of the Administrator.
5.11. The User shall be obliged to periodically update the Personal information that he provided at registration to ensure its accuracy, actuality and completeness.
5.12. The Administrator shall reserve the right at any time to require the User to confirm the data specified at the Registration and in this context to request the supporting documents (namely the documents proving identity). Failure to provide such documents, to the Administrator discretion, this fact can be likened with giving the untrustworthy information.
In case of providing the untrustworthy information the Administrator may refuse to consider the issues, statements and claims of any nature, including refuse to provide any compensation. Similar effects will occur if the User data specified in his provided documents do not match those specified at the Registration, and in the event when the data indicated at the Registration give no way for univocal identification of the User.
5.13. The User shall be solely responsible for any actions taken at using his Account, and for any consequences that could cause or caused such use.
5.14. The User shall be entitled to terminate using the Service and to abandon the Account created by him by sending corresponding request to the website Administration in accordance with the feedback form in the Service Application.
5.15. The User shall be obliged to use the information got within the Service only for lawful and personal non-commercial purposes that are not in conflict with the moral principles and universally recognized values.
5.16. When choosing the content the User is guided by his own volition. Some content may contain erotic scenes, scenes of violence, profanity, that the User may seem offensive or inappropriate for viewing / listening. This content is not recommended for people with weak mentality, pregnant women and children. To make deliberate decision when choosing the content the User is recommended to pay attention to the genre and read the content annotation presented on the Service.
5.17. When choosing the specific content the User thereby confirms that he shall take full responsibility for its viewing / listening. At that the Administrator shall not assume responsibility for the legality of such actions of the User.
5.18. The Users under the age of 18 years old may be limited in using the Service and having access to the content according to requirements of the applicable law.
5.19. The User who has reached 18 years old shall ensure that access to the Service of the children of tender years and of the minors is under his control and use of the Service by such persons will be carried out under the User control in compliance with restrictions imposed by the applicable laws and this Agreement. Under no circumstances, the User will not give access to the Service and its content that have age restrictions (including the "erotic" section) to the children of tender years and to the minors.
5.20. The User shall be obliged do not attempt to turn off or to otherwise interfere with any technical means of the Service protection or the results of intellectual activity posted on it to prevent or restrict the use or copying any information or intellectual activity results posted on the Service.
5.21. The User shall be obliged do not attempt to change or modify any part of the Service (including media player which reflects the content), and do not use the Service, the results of intellectual activity posted on it for commercial purposes.
5.22. The Users will be responsible for their own actions in connection with the creation and posting comments on the Service and relative to the information posted on the Service Account in accordance with applicable law.
5.23. When using the Service the User is prohibited to upload, store, publish, distribute and provide access or otherwise use any information that:
• contains threats, discredits, offends, degrades the honor and dignity or business reputation or violates the privacy of the other Users or other third parties;
• violates the rights of the minors;
• is vulgar or obscene, contains profanity, contains pornographic images and texts or scenes of sexual nature;
• contains the scenes of violence or cruelty to animals;
• contains the description means and methods of suicide, any instigation to its commitment;
• propagandizes and / or promotes the incitement of racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;
• contains extremist materials;
• propagandizes criminal activity or contains advices, instructions or guidelines on the commitment of criminal acts;
• contains restricted information, including but not limited to, the state and commercial secrets, information of the privacy of third parties;
• contains advertising materials;
• is fraudulent in nature;
• is the intellectual property of third parties who have not given permission to the User to use it, and also offends other rights and interests of individuals and legal persons or active
5.24. The User shall be obliged to perform other obligations established by this Agreement.
5.25. The User acknowledges that he fully realizes, understands the terms of this Agreement and accepts them, and also understands and accepts that the Services are available and will be provided only in the territory of the European Union, and only at the IP addresses assigned to the Internet providers of the European Union, and that the Administrator reserves the right to delete from the Service any content without notifying the User, including because of the expiration of license agreements The Administrator with the appropriate rights holders.
5.26. The Administrator has the right to block access of the User to the Service and / or the Account and / or the Services (including the paid ones) in case of breach by the User of this Agreement conditions, or if the Administrator shall consider the User actions fraudulent, malicious and aimed at operating trouble or functionality of the Service, character assassination of the Service or the reputation of the brand, DDOS attacks, etc. In this case, the money paid by the User for the Service use, will be non-refundable, and the User Account shall be locked.