Version dated March 15, 2023
This Agreement and the relations of the Parties arising from this Agreement shall be governed by the legislation of the Russian Federation.
This Agreement, in accordance with Article 435 of the Civil Code of the Russian Federation, constitutes an offer addressed to any individuals by the Operator to enter into this Agreement on the terms and conditions specified therein. The Operator considers itself to have entered into this Agreement with individuals who accept this offer.
With respect to the procedure and conditions for concluding this Agreement, the provisions of the Civil Code of the Russian Federation governing the procedure and conditions for concluding a public contract (Article 426 of the Civil Code of the Russian Federation), the direction of an offer and acceptance (Articles 435–444 of the Civil Code of the Russian Federation) shall apply.
- Terms and Definitions
1.1. Acceptance of the Agreement – completing the registration procedure (creating an account and setting a login and password), by which the User confirms agreement with the terms of the Agreement. Upon acceptance of the Agreement, the User is deemed to have unconditionally and fully accepted the terms of this Agreement.
1.2. Client programs – computer programs (including a web version, a mobile version, and a version for Smart TV), adapted for the KARBUSHTV Resource (service).
1.3. Content – TV channels, as well as individual audiovisual works, access to which is provided to the User by Ordering Content in accordance with the terms of this Agreement.
1.4. The Operator is the Limited Liability Company “KARBUSH Film Company” (hereinafter referred to as the Administrator) (TIN 5528206841, OGRN 1115543002013), which is located at the following address: 644521, Russia, Omsk Region, Omsk District, Verkhniy Karbush Village, Sadovaya Street 4-1 – a legal entity with the authority to manage the Resource, interact with Users in the process of their use of the Resource and their access to Content, including the conclusion of this Agreement, as well as to perform other actions related to the use of the Resource.
1.5. Content Ordering – granting the User access to Content under the following terms: Subscription, Rental, Purchase, Download, Streaming, and Access with Ads. Permitted uses are specified in the Content description.
1.5.1. A Subscription is a grant to the User of access to Content specified by the Operator for a fee established by the Operator for a specified period of time, without the ability to download/upload it (with the exception of short-term recordings of works that are temporary or incidental in nature and constitute an integral and essential part of the technological process). If the User fails to cancel the Subscription before the expiration of the specified period, the Subscription is extended for a similar period.
1.5.2. Rental – granting the User access to a specific audiovisual work, determined by the Operator, with the User being able to begin viewing such Content within 48 hours of payment. The Rental Price is determined by the Operator for each audiovisual work and is indicated on the Service/Resource.
1.5.3. Purchase – granting the User access to an individual audiovisual work. The User is granted the ability to view such Content exclusively for the period for which the Operator holds the rights to use the relevant audiovisual work. The Purchase Price is determined by the Operator for each audiovisual work, as determined by the Operator, and is indicated on the Service/Resource.
1.5.4. Downloading is a method of providing access to an individual audiovisual work, whereby the User is given the opportunity to download a unit of Content to the memory of the User’s device (including, but not limited to, the memory of internet tablets and smartphones) with the opportunity to view and/or listen to the Content for a specified period of time. The cost of Downloading is determined by the Operator for each audiovisual work, as determined by the Operator, and is indicated on the Service/Resource.
1.5.5. Streaming is a method of providing access to Content, in which the User is given the opportunity to view and/or listen to Content for a certain period of time without the possibility of copying it or saving it to the memory of any devices.
1.5.6. Access subject to viewing advertisements – a method of providing access to Content, in which the User is given the opportunity to view and/or listen to Content subject to viewing advertisements placed in any manner.
1.6. User – an individual who has access to the Resource and has registered and accepted the Agreement.
1.7. User device – user (terminal) equipment – a technical device (smartphone, tablet computer, personal computer, TV set-top box, SMART TV, etc.), with the help of which the use of the Client Program is permitted and used by the User to use/access the Resource (Service). The number of devices per User is no more than 5. Simultaneous viewing on no more than two devices.
1.8. KARBUSHTV Resource or Service (Resource or Service) – a set of Client programs and technical and technological solutions through which the User gains access to video content (Content) provided by the Operator through the Resource.
1.9. Territory – the territory of Internet coverage of the “WORLD” network.
- Subject of the Agreement
2.1. The Operator grants the User access to viewing Content, subject to the User’s compliance with the terms of this Agreement and the Content Order. The User is also granted the right to use the Client Programs solely for the purpose of accessing and viewing Content during the period for which the Content Order was placed. The Client Programs are used for their intended purpose, to access and view Content, through the functions available in the Client Programs interface.
2.2. This Agreement sets forth the general terms and conditions for the use of the Resource (Service).
2.3. To use the Resource (Service), the User must, in the manner established by this Agreement, confirm that they have read, understood, and agree to be bound by this Agreement, and accede to this Agreement in its entirety by registering (Accepting the Agreement). From the moment the User Accepts the Agreement, this Agreement is deemed concluded with the User, and the User acquires the rights and is obligated to fulfill the obligations stipulated by this Agreement.
2.4. The Operator reserves the right to make proposals for amendments and additions to this Agreement. Amendments and additions to this Agreement shall be made in the same manner as the conclusion of this Agreement. The current version of the Agreement is available on the Resource (Service). Continued use of the Resource after any such changes constitutes the User’s consent to such amendments and/or additions. If the User does not agree to comply with this Agreement, they must cease using the Resource. It remains the User’s personal responsibility to regularly review the Resource to familiarize themselves with the current version of the Agreement. The Operator reserves the right to independently establish tariff plans, as well as establish and/or change individual tariffs, determine other pricing conditions for use of the Resource (Service), independently create and change the list of Content accessed within the framework of the Resource (Service) access conditions selected by the User, as well as the order of Content arrangement within the Resource (Service).
2.5. All intellectual property used and posted on the Resource (Service), as well as the Resource (Service) itself, are the intellectual property of their legal owners and are protected by the intellectual property laws of the Russian Federation, as well as relevant international legal conventions. Any use of intellectual property posted on the Resource (Service) (including elements of the Resource (Service)’s visual design, symbols, texts, graphic images, illustrations, photos, videos, programs, music, and other objects) without the permission of the Operator or the legal owner is illegal and may result in legal proceedings and civil, administrative, and criminal liability for violators in accordance with Russian Federation law.
2.6. Ordering Content/Access to viewing Content through the Resource (Service) is provided by the Operator solely for the personal, non-commercial viewing by the User, exclusively through the Resource (Service), and without the right to any other use of the Content not specified in this Agreement, including their sale, modification, distribution in whole or in part, etc.
2.7. Any use of the Resource (Service) or the results of intellectual activity posted on it, other than as permitted in the Agreement, without the prior written permission of the copyright holder is strictly prohibited.
2.8. The User has no right to reproduce, repeat, copy, sell, resell, or use in any way for any commercial purposes the Resource and/or any parts of the Resource’s content without the consent of the Operator.
2.9. By registering on the Resource (Service), the User agrees to receive informational, reference, advertising and other messages, including about the products and services of the Operator and its partners, via the telecommunications network, including the e-mail and/or mobile number specified during registration.
2.10. By accepting this Agreement, the User consents to the Operator’s collection and use of any and all information about the User and the User’s use of the Resource (Service) obtained through the use of the Resource. The Operator has the right to use such information for the purposes of fulfilling this Agreement, providing information, technical support, marketing, or other similar purposes.
- Content Ordering, Payment System, Procedure, Terms, and Method of Payment for Services
3.1. Access to viewing Content in accordance with the terms of this Agreement is provided to the User subject to the Content Order.
3.2. Available methods for Ordering Content, as well as the procedure for placing an Order, are specified when initiating the Ordering process. Depending on the User’s device, Content may be ordered by the User using any of the available payment methods specified on the Resource, including through a personal account, mobile commerce for mobile operator subscribers, bank cards, online payment systems, and other available payment systems. If payment is made by bank card or personal account, the subscription fee is debited monthly on the day corresponding to the subscription date, regardless of whether Content is viewed for the entire service period until the user disconnects. Failure to pay will result in access being suspended.
3.3. The User’s deposit of funds under this Agreement through the payment system is considered a direct payment to the Operator. The User’s obligation to make a payment is considered fulfilled from the moment such payment is made.
3.4. All issues related to acquiring Internet access rights, purchasing and setting up the corresponding equipment and software products are resolved by the User independently and are not covered by this Agreement.
- Rights and obligations of the parties
4.1. User Rights:
4.1.1. To make full use of all the functional capabilities provided by the Resource (Service), subject to the Order of Content and subject to payment for the Order of Content;
4.1.2. Receive notification via SMS about a completed payment for use of the Resource, if information about Content Orders is required. To do this, the User must provide the necessary checkbox in the appropriate section of the Resource and indicate their mobile number.
4.1.3. Receive the necessary information about the Operator and the scope of services provided within the Resource (Service).
4.1.4. Receive an invoice for services rendered (except for Access provided by viewing advertisements) and information about the account status or services rendered in the User’s personal account.
4.2. User Obligations:
4.2.1. Comply with the terms of this Agreement.
4.2.2. Not to carry out actions prohibited by this Agreement and the legislation of the Russian Federation.
4.2.3. Not to undertake any actions aimed at destabilizing the operation of the Resource (Service), attempting unauthorized access to the Resource (Service), the results of intellectual activity posted on it, accessible through the Resource, or to undertake any other actions that violate the rights of the Operator and/or third parties. Use User Equipment that complies with the requirements of the current legislation of the Russian Federation and allows viewing of Content.
4.2.4. Take appropriate measures to ensure the security of the User’s account and be responsible for all actions performed on the Resource under the User’s account (login and password). The User is obligated to immediately notify the Operator of any instances of third party access to the Resource (Service) under the User’s account. The User has no right to transfer, assign, sell, lease, or otherwise transfer the Resource (Service) account to third parties without the Operator’s consent.
4.2.5. Pay the fee for using the Resource (Service) in a timely manner as established by the Operator;
4.2.6. Review this Agreement, information about the settings of the User Equipment, etc. before using the Resource (Service), and monitor its changes by the Operator.
4.3. Operator Rights:
4.3.1. Determine the composition of the Resource (Service), its structure and appearance, and permit and restrict access to the Resource (Service) in accordance with this Agreement, the legislation of the Russian Federation, and the requirements of copyright holders.
4.3.2. Resolve issues related to the commercial use of the Resource (Service), in particular issues regarding the possibility of placing advertisements on the Resource (Service), participation in affiliate programs, etc.
4.3.3. In the event of a User’s violation of this Agreement and/or the legislation of the Russian Federation, suspend, restrict, or terminate such User’s access to all or any section of the Resource (Service) unilaterally, as well as block the ability to use the Resource (Service) (block authorization and/or IP addresses) for Users at any time, in the manner established by this Agreement and the current legislation of the Russian Federation, without being liable for any harm that may be caused to the User by such action (including terminating the Agreement entirely by deleting the User’s account from the Resource).
4.3.4. Involve any third parties in the implementation of rights and obligations under the Agreement.
4.3.5. Post advertising and/or other information in any section of the Resource (Service), interrupt the display of Content with advertising information, to which the User gives consent by Accepting this Agreement.
4.3.6. To establish age restrictions for access to Content posted on the Resource (Service) intended for an audience of a certain age, this means that persons who have not reached the age specified by the Operator undertake to refrain from accessing or viewing such Content, of which the Operator may notify the User by indicating information product signs on the Resource (Service) or by means of information messages when the User attempts to view Content intended for an audience of a certain age.
4.3.7. Exercise other rights provided for by this Agreement and/or the legislation of the Russian Federation.
4.4. Operator’s Responsibilities:
4.4.1. Ensure the technical ability for the User to access the Resource (Service) within the Territory in the manner specified by this Agreement.
4.4.2. Carry out ongoing management of sections of the Resource (Service).
4.4.3. Ensure viewing of Content through User Equipment, in accordance with the technological parameters for Content established by the persons who provided the Content to the Operator.
- Guarantees and responsibilities of the User
5.1. The parties to this Agreement shall be liable in accordance with the current legislation of the Russian Federation.
5.2. The User bears full personal responsibility for ensuring that the methods of using the information and Content presented on the Resource (Service) comply with the norms of Russian or international legislation (including the norms of intellectual property and information protection law).
5.3. The User is responsible for the security of their account (login and password), as well as for all actions taken on the Resource (Service) after logging in. The Operator reserves the right to prohibit the use of certain logins and/or remove them from circulation. The User is obligated to immediately notify the Operator of any unauthorized access using their login and password and/or any security breach. The Operator is not responsible for any loss or damage to data that may occur due to the User’s violation of the provisions of this Agreement.
5.4. If the login/password is transferred to a third party, the User bears full responsibility. The Operator is not liable for any damage resulting from unauthorized access to the User’s account.
5.5. The User is responsible to the Operator for compliance with the terms of this Agreement.
5.6. The User agrees to compensate the Operator for any losses incurred by the Operator in connection with the User’s use of the Resource (Service) and/or the User’s violation of this Agreement and/or the rights (including copyright, related, patent, information and any other) of third parties.
- Limitation of Operator’s Liability
6.1. Access to the Resource (Service) is provided to the User on an “AS IS” basis, in the form in which it exists, and the Operator does not provide any guarantees or assurances regarding its use or operation.
6.2. The User understands and agrees that the Operator may delete or move any intellectual property (including Content) posted on the Resource (Service) or accessible through it (including Content), at its sole discretion, for any reason or no reason, including, without limitation, the movement or deletion of intellectual property.
6.3. The Operator is not responsible for any errors, omissions, interruptions, deletions, defects, delays in processing or transmitting data, communication line failures, theft, destruction, or unauthorized access by third parties to intellectual property posted on or accessible through the Resource (Service). The Operator is not responsible for any technical failures or other problems with any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, or failures of email services or scripts due to technical reasons. The Operator is also not responsible for the compliance of the Resource (Service) in whole or in part (services) with the expectations of the Users, the error-free and uninterrupted operation of the Resource (Service), the termination of the User’s access to the Resource (Service) and the results of intellectual activity posted on the Resource (Service) and accessible through it, the safety of the User’s login and password providing access to individual services of the Resource (Service), losses incurred by Users due to technical failures of hardware or software.
6.4. The Operator shall not be liable for any damage to the User’s device, any other equipment or software caused by or related to the use of the Resource (Service).
6.5. Under no circumstances will the Operator be liable to the User or any third parties for any direct, indirect, or unintentional damages, including lost profits or data, or harm to honor, dignity, or business reputation, caused in connection with the use of the Resource or the results of intellectual activity posted on the Resource (Service) or accessible through it. In any case, the Parties agree that the amount of damages compensated by the Operator to the User for any violations related to the use of the Resource (Service) or this Agreement is limited by the Parties to 200 (two hundred) rubles.
6.6. The Operator shall not be liable to the User or any third parties for: the User’s actions on the Resource (Service); for the content, legality, and accuracy of information used/received by the User on/through the Resource (Service)/Resource (Service); for the quality of goods/works/services purchased by the User after viewing advertising messages (banners, videos, etc.) posted on the Resource (Service) and their possible non-compliance with generally accepted standards or the User’s expectations; for the accuracy of advertising information used/received by the User on the Resource (Service) and the quality of the goods/works/services advertised therein; for the consequences of using the information used/received by the User on/through the Resource (Service)/Resource (Service).
6.7. In the event that third parties file claims against the Operator related to the User’s use of the Resource (Service), the User undertakes to resolve such claims with third parties at their own expense and at their own expense, thereby indemnifying the Operator from possible losses and litigation.
6.8. The Resource (Service) may contain links to other Internet resources. The User acknowledges and agrees that the Operator does not control and bears no responsibility for the availability of these resources or their content, or for any consequences associated with the use of these resources. Any clicks on these links by the User are made at their own risk.
- Privacy Policy
7.1. The Operator shall ensure that necessary and sufficient organizational and technical measures are taken to protect Users’ information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions by third parties.
7.2. The operator shall take measures necessary and sufficient to ensure the fulfillment of obligations stipulated by Federal Law No. 152-FZ of July 27, 2006 “On Personal Data” and regulatory legal acts adopted in accordance with it.
7.3 By using the Resource (Service), the User agrees that personal data made known to the Operator will be processed by the Operator in accordance with the Federal Law “On Personal Data” for the purpose of implementing the Resource (Service). Personal data may be processed in the following ways: collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, depersonalization, blocking, deletion, destruction, or by performing other actions (operations) with personal data, performed with or without the use of automation tools. Personal data is obtained directly from the subject of the personal data or their authorized representative. By using the Resource (Service), the User agrees that the term or condition for terminating the processing of personal data is the liquidation of the Operator.
7.4. Considering the fact that the Operator cannot verify the accuracy of the information provided by Users, the Operator assumes that such User provides accurate and sufficient information, maintains this information up to date, and the Operator can use it within the framework of providing the Resource (Service).
7.5. By registering with the Resource (Service), the User, regardless of his other expressions of will, confirms that he is aware of and agrees that when using the Resource (Service), technical information about the use of the Resource (Service) is processed automatically and without reference to the user’s identity, including, but not limited to, data on the IP address, equipment and software, including the parameters of its use and services rendered, including temporary ones, information on the facts and reasons for contacting the Operator, the results of their implementation and the services ordered, accrued and paid payments, traffic, debt, blocking, information on the average volume of consumption of communication services and average charges, data on the binding of the User equipment to the network equipment when using the Service, the addresses of the requested pages, unique identification numbers of the equipment and the modules installed in it and other similar information. The specified information is processed, including with the involvement of affiliates and other persons connected with the Operator, to collect statistical information, perform maintenance, fulfill the Operator’s obligations, provide the User with personalized services, protect the User and other users from fraud and other violations, for research, marketing, and analytical purposes, and for the development, offering, and provision of new services. The rules for using the described information in other services may differ; the User independently selects a particular service based on the required conditions for its provision.
7.6. The Operator urges children under 18 not to register on the Resource (Service) or use it without the permission and participation of their parents or guardians, and not to provide any information about themselves. This Agreement obligates parents to ensure constant supervision of the use of the Service by children under 18.
- Final Provisions
8.1. This Agreement and the relationship between the Operator and the User shall be governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by the Agreement shall be resolved in accordance with the laws of the Russian Federation.
8.2. If for any reason any of the terms of this Agreement are invalid or unenforceable, this shall not affect the validity or enforceability of the remaining terms of the Agreement.
8.3. The Parties agree that all disputes arising from the relations between the Parties governed by this Agreement shall be resolved in a competent court at the Operator’s location, with mandatory compliance with the pre-trial claims procedure for dispute resolution. The Parties understand and agree that the claims procedure for resolving disputes between the Parties related to technical problems in the operation of the Resource (Service), established by this clause of the Agreement, is mandatory when the Parties appeal to the courts.
8.4. This Agreement is concluded in the city of Omsk on the date of its Acceptance by the User.
8.5. This Agreement is concluded for an indefinite period. This Agreement may be terminated by mutual agreement of the Parties or unilaterally by either Party in accordance with the procedure established by the legislation of the Russian Federation.