User Agreement

**Version of March 15, 2023**

This Agreement and the relations of the Parties arising from this Agreement are governed by the laws 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 conclude this Agreement under the conditions specified herein. The Operator considers itself bound by this Agreement with individuals who accept the specified offer.

The provisions of the Civil Code of the Russian Federation that regulate the procedure and conditions for concluding a public contract (Article 426 of the Civil Code of the Russian Federation), as well as the sending of offers and acceptances (Articles 435–444 of the Civil Code of the Russian Federation), apply to the procedure and conditions for concluding this Agreement.

1. **Terms and Definitions**

1.1. **Acceptance of the Agreement** — the completion of the registration procedure (creating an account and establishing a username and password), through which the User confirms their agreement with the terms of the Agreement. Upon acceptance of the Agreement, the User is considered to have unconditionally and fully accepted the terms of this Agreement.

1.2. **Client Programs** — computer programs (including the web version, mobile version, and version for Smart TV) adapted for the Resource (service) KARBUSH TV.

1.3. **Content** — television channels, as well as individual audiovisual works, access to which is provided to the User through the Ordering of Content in accordance with the terms of this Agreement.

1.4. **Operator** — The Service Limited Liability Company «Kino Company ‘KARBUSH'» (hereinafter referred to as the Administrator) (TIN 5528206841, OGRN 1115543002013), located at: 644521, Russia, Omsk Region, Omsky District, village Verkhniy Karbush, Sadovaya Street 4-1 – a legal entity empowered to manage the Resource, interact with Users during their use of the Resource, and grant them access to Content, including concluding this Agreement and performing other actions related to the use of the Resource.

1.5. **Ordering Content** — providing the User access to Content under the following conditions: Subscription, Rental, Purchase, Download, Streaming, Access conditional upon viewing advertisements. Acceptable usage methods are specified in the description of the Content.

1.5.1. **Subscription** — granting the User access to specific Content determined by the Operator for a fee set by the Operator for a certain period without the possibility of downloading (except for short-term recording of the work, which is temporary or incidental and forms an integral and substantial part of the technological process). If the User does not take action to cancel the Subscription before the end of the specified period, the Subscription will be extended for an equivalent period.

1.5.2. **Rental** — granting the User access to a specific audiovisual work determined by the Operator, where the User is able to start watching such Content within 48 hours after payment. The Rental fee 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 a specific audiovisual work, where the User is able to view such Content solely for the period during which the Operator has the rights to use the corresponding audiovisual work. The Purchase price is determined by the Operator for each audiovisual work specified by the Operator and is indicated on the Service/Resource.

1.5.4. **Download** — a method of providing access to a specific audiovisual work, where the User is granted the ability 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 ability to view and/or listen to the Content for a specified period of time. The Download price is determined by the Operator for each audiovisual work specified by the Operator and is indicated on the Service/Resource.

1.5.5. **Streaming** — a method of providing access to Content, where the User is granted the ability to view and/or listen to the Content for a specified period of time without the possibility of copying or saving it to the memory of any devices.

1.5.6. **Access Conditional upon Viewing Advertisements** — a method of providing access to Content, where the User is given the opportunity to view and/or listen to the Content on the condition of viewing advertisements displayed in any manner.

1.6. **User** — an individual who accesses the Resource, has registered, and has accepted the Agreement.

1.7. **User Device** — user (end) equipment — technical means (smartphone, tablet, personal computer, TV set-top box, SMART TV, etc.) that allows for the use of the Client Program and is utilized by the User to access the Resource (Service). The number of devices for one User is limited to 5. Simultaneous viewing is permitted on no more than two devices.

1.8. **Resource or KARBUSH TV Service (Resource or Service)** — a collection of Client Programs and technical-technological solutions through which the User gains access to video content (Content) provided by the Operator via the Resource.

1.9. **Territory** — the territory covered by the internet network «WORLDWIDE».

2. **Subject of the Agreement**

2.1. The Operator provides the User with access to view Content on the condition that the User complies with the terms of this Agreement and the Ordering of Content. The User is also granted the rights to use the Client Programs solely for the purpose of accessing and viewing Content during the period for which such Content was ordered. The method of using the Client Programs is through functional capabilities for accessing Content, via the features available in the interface of the Client Programs.

2.2. This Agreement establishes the general conditions for using the Resource (Service).

2.3. To use the Resource (Service), the User must confirm, in the manner established by this Agreement, that they have read, understood, and agree to comply with this Agreement, and join this Agreement in its entirety by registering (accepting the Agreement). From the moment the Agreement is accepted by the User, this Agreement is considered concluded with the User, and the User acquires the rights and is obligated to fulfill the responsibilities provided in this Agreement.

2.4. The Operator has the right to propose changes and additions to this Agreement. Amendments and additions to this Agreement are made in the same manner as the conclusion of this Agreement. The current version of the Agreement is available on the Resource (Service). Further use of the Resource after any such changes signifies the User’s consent to these changes 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 check the Resource for updates to the current version of the Agreement. The Operator has the right to independently set tariff plans, as well as establish and/or change individual tariffs, determine other pricing conditions for using the Resource (Service), independently form and modify the list of Content available under the User’s selected access conditions to the Resource (Service), as well as the arrangement of Content within the Resource (Service).

2.5. All results of intellectual activity used and placed on the Resource (Service), as well as the Resource (Service) itself, are the intellectual property of their rightful owners and are protected by the intellectual property laws of the Russian Federation and relevant international legal conventions. Any use of the intellectual property placed on the Resource (Service) (including elements of the Resource’s (Service’s) visual design, symbols, texts, graphic images, illustrations, photos, videos, programs, music, and other items) without the permission of the Operator or the rightful owner is unlawful and may result in legal action and liability for violations under civil, administrative, and criminal law in accordance with the legislation of the Russian Federation.

2.6. **Ordering Content/Access to Content Viewing** through the Resource (Service) is provided by the Operator exclusively for the personal, non-commercial viewing by the User, solely via the Resource (Service), and without the right to any other use of the Content not specified in this Agreement, including its sale, modification, distribution in whole or in part, etc.

2.7. Any use of the Resource (Service) or the results of intellectual activity placed on it, apart from what is permitted in this Agreement, is strictly prohibited without prior written consent from the rights holder.

2.8. The User is not entitled to reproduce, repeat, copy, sell, resell, or otherwise use the Resource and/or any part of the content of the Resource for any commercial purposes without the Operator’s consent.

2.9. By registering on the Resource (Service), the User agrees to receive informational, promotional, and other messages, including information about the Operator’s and its partners’ products and services, via telecommunications networks, including the email address and/or mobile number provided during registration.

2.10. By accepting this Agreement, the User consents to the collection and use by the Operator of any and all information obtained as a result of using the Resource about the User and the User’s use of the Resource (Service). The Operator has the right to use such information for the purposes of executing this Agreement, informational support, technical maintenance, marketing, or other similar purposes.

3. **Ordering Content, Payment System, Procedure, Deadlines, and Payment Form for Services**

3.1. Access to viewing Content according to the terms of this Agreement is provided to the User on the condition of Ordering Content.

3.2. The available methods for Ordering Content, as well as the procedure for placing an Order for Content, are indicated at the initiation of the Ordering process. Depending on the User’s devices, the Ordering of Content can be completed by the User using any of the available payment forms specified on the Resource, including through a personal account, via mobile commerce for subscribers of cellular operators, using bank cards, through an online payment system, or other available payment systems. In the case of payment by bank card or through the personal account, the subscription fee is charged monthly on the day corresponding to the connection date, regardless of whether the Content is viewed during the entire period of service until the User independently cancels. In the event of non-payment, access is suspended.

3.3. Any monetary contributions made by the User under this Agreement through the payment system are considered as payments made directly to the Operator. The User’s obligation to make a payment is deemed fulfilled at the moment the payment is made.

3.4. All issues related to acquiring access to the Internet, purchasing, and configuring the necessary equipment and software products for this purpose are resolved by the User independently and are not governed by this Agreement.

4. **Rights and Obligations of the Parties**

4.1. **User Rights:**

4.1.1. The User has the right to fully utilize all functional capabilities provided by the Resource (Service), on the condition of Ordering Content and making the payment for the Order of Content;

4.1.2. The User has the right to receive an SMS notification regarding the payment made for the use of the Resource, in case of needing information about Content Orders. To do this, the User must provide the necessary indication and specify their mobile number in the relevant section of the Resource.

4.1.3. The User has the right to obtain necessary information about the Operator and the scope of services provided within the Resource (Service).

4.1.4. The User has the right to receive an invoice for services rendered (except for Access on the condition of viewing advertisements) and information about the account balance or services rendered in the User’s personal account.

4.2. **User Obligations:**

4.2.1. The User must comply with the terms of this Agreement.

4.2.2. The User must not engage in actions prohibited by this Agreement and legislation of the Russian Federation.

4.2.3. The User must not perform any actions aimed at destabilizing the operation of the Resource (Service), attempting unauthorized access to the Resource (Service) or the results of intellectual activity placed on it, accessible through the Resource, or engage in any other actions that violate the rights of the Operator and/or third parties. The User must use equipment that meets the requirements of current legislation of the Russian Federation and allows viewing the Content.

4.2.4. The User must take appropriate measures to ensure the security of their account and is responsible for all actions taken on the Resource under the User’s account (login and password). The User must promptly notify the Operator of any instances of unauthorized access to the Resource (Service) by third parties under the User’s account. The User is not entitled to transfer, assign, sell, or otherwise convey their account on the Resource (Service) to third parties without the Operator’s consent.

4.2.5. The User must promptly pay the fee for the use of the Resource (Service) set by the Operator.

4.2.6. The User must familiarize themselves with this Agreement, information about the settings of their User equipment, etc., before starting to use the Resource (Service), and must also monitor any changes made by the Operator.

4.3. **Operator Rights:**

4.3.1. The Operator has the right to determine the composition of the Resource (Service), its structure and appearance, and to grant or restrict access to the Resource (Service) in accordance with this Agreement, the legislation of the Russian Federation, and the requirements of rights holders.

4.3.2. The Operator has the right to resolve issues related to the commercial use of the Resource (Service), in particular, matters regarding the possibility of placing advertising on the Resource (Service), participation in partnership programs, etc.

4.3.3. In the event of a violation by the User of this Agreement and/or the legislation of the Russian Federation, the Operator has the right to suspend, restrict, or terminate the User’s access to all or any specific sections of the Resource (Service) unilaterally, as well as to block the ability to use the Resource (Service) (block authorization and/or IP addresses) for Users at any time, in accordance with the procedure established by this Agreement and applicable legislation of the Russian Federation, without being liable for any harm that such actions may cause to the User (including the right to terminate the Agreement entirely by deleting the User’s account from the Resource).

4.3.4. The Operator has the right to engage any third parties in order to implement the rights and obligations under this Agreement.

4.3.5. The Operator may place advertising and/or other information in any section of the Resource (Service) and interrupt the demonstration of Content with advertising information, to which the User agrees by accepting this Agreement.

4.3.6. The Operator has the right to set age restrictions for access to Content placed on the Resource (Service) intended for a specific age audience. This means that individuals who have not reached the age specified by the Operator must refrain from accessing or viewing such Content, which the Operator may notify the User about by indicating informational product signs on the Resource (Service) or through informational messages when the User attempts to view Content intended for a specific age audience.

4.3.7. The Operator has the right to exercise other rights provided for by this Agreement and/or the legislation of the Russian Federation.

4.4. **Operator Obligations:**

4.4.1. The Operator must ensure the technical capability for the User to access the Resource (Service) within the Territory in accordance with the procedure specified in this Agreement.

4.4.2. The Operator must manage the sections of the Resource (Service) on an ongoing basis.

4.4.3. The Operator must ensure viewing of Content through User equipment, in accordance with the technological parameters for the Content established by the entities that provided the Content to the Operator.

5. **Warranties and User Liability**

5.1. The Parties to this Agreement are liable in accordance with the current legislation of the Russian Federation.

5.2. The User bears full personal responsibility for ensuring that their use of information and Content presented on the Resource (Service) complies with Russian or international law (including laws concerning intellectual property and information protection).

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 under their account. The Operator has the right to prohibit the use of certain logins and/or withdraw them from circulation. The User must immediately notify the Operator of any unauthorized access to their account and/or any security breach. The Operator is not responsible for any potential loss or damage to data that may occur due to violations by the User of the provisions of this Agreement.

5.4. In the event that the login/password is transferred to a third party, all responsibility lies directly with the User. The Operator is not liable for any damage caused by unauthorized access to the User’s account.

5.5. The User is responsible to the Operator for complying with the terms of this Agreement.

5.6. The User agrees to indemnify 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 breach of this Agreement and/or the rights (including copyright, related rights, patent rights, informational rights, and any other) of third parties.

6. **Limitation of Operator 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 makes no warranties or representations regarding its use or functionality.

6.2. The User understands and agrees that the Operator may delete or move any results of intellectual activity (including Content) placed on the Resource (Service) or accessible through it, at its sole discretion, for any reason or without reason, including, without limitation, the relocation or removal of results of intellectual activity.

6.3. The Operator is not liable for any errors, omissions, interruptions, deletions, defects, delays in processing or transmission of data, failures of communication lines, theft, destruction, or unauthorized access by third parties to the results of intellectual activity placed on the Resource (Service) or accessible through it. The Operator is not liable for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, email service failures, or script failures for technical reasons. Additionally, the Operator does not guarantee that the Resource (Service) as a whole or any of its parts (services) will meet the Users’ expectations, function without errors and interruptions, provide uninterrupted access to the Resource (Service) and to the results of intellectual activity placed on it or accessible through it, maintain the security of the User’s login and password that grant access to specific services of the Resource (Service), or compensate for losses incurred by Users due to technical failures of hardware or software.

6.4. The Operator is not 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 shall the Operator be liable to the User or any third parties for any direct, indirect, incidental damages, including lost profits or lost data, harm to honor, dignity, or business reputation, arising in connection with the use of the Resource or the results of intellectual activity placed on the Resource (Service) and accessible through it. In any case, the Parties agree that the amount of damages recoverable 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 the sum of 1 (one) dollar.

6.6. The Operator shall not be liable to the User or any third parties for: the User’s actions on the Resource (Service); the content and legality, accuracy of information used/obtained by the User on/through the Resource (Service); the quality of goods/services purchased by the User after viewing advertisements (banners, videos, etc.) placed on the Resource (Service), and their possible non-compliance with generally accepted standards or the User’s expectations; the accuracy of advertising information used/obtained by the User on the Resource (Service) and the quality of the goods/services advertised therein; or the consequences of using the information utilized/obtained by the User on/through the Resource (Service).

6.7. In the event that third parties make claims against the Operator related to the User’s use of the Resource (Service), the User agrees to resolve such claims independently and at their own expense, indemnifying the Operator against possible losses and disputes.

6.8. The Resource (Service) may contain links to other resources on the Internet. The User acknowledges and agrees that the Operator does not control and bears no responsibility for the availability of these resources and their content, as well as for any consequences related to the use of these resources. Any transitions via links made by the User are done at the User’s own risk.

7. **Privacy Provisions**

7.1. The Operator ensures the adoption of necessary and sufficient organizational and technical measures to protect Users’ information from unauthorized or accidental access, destruction, alteration, blocking, copying, distribution, and from other unlawful actions by third parties.

7.2. The Operator takes necessary and sufficient measures to comply with obligations established by Federal Law No. 152-FZ of July 27, 2006, «On Personal Data,» and regulations adopted in accordance with it.

7.3. By using the Resource (Service), the User agrees that personal data disclosed 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). The processing of personal data is performed in the following ways: collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, anonymization, blocking, deletion, destruction, or through other actions (operations) with personal data, conducted using automated means or without such means. The personal data is obtained directly from the data subject or their authorized representative. By using the Resource (Service), the User expresses their consent to the duration or condition for the cessation of processing personal data being the liquidation of the Operator.

7.4. Considering that the Operator cannot verify the accuracy of the information provided by Users, the Operator assumes that such a User provides accurate and sufficient information, maintains this information in an up-to-date state, and that the Operator may use it in providing the Resource (Service).

7.5. By registering on the Resource (Service), the User, regardless of any other expressions of will, confirms that they are informed and agree that, when using the Resource (Service) automatically and without linking to the identity of the User, technical information about the usage of the Resource (Service) is processed, including, but not limited to, data about the IP address, equipment and software used, including usage parameters and services provided, including temporal data, information about the facts and reasons for contacting the Operator, results of such contacts and ordered services, payments accrued and made, traffic, debts, blocks, information about average consumption of communication services and average charges, data on the linkage of the User’s equipment to the network equipment while using the Service, addresses of requested pages, unique identification numbers of the equipment and modules installed in it, and other similar information. This information is processed, including with the involvement of affiliated and otherwise associated parties with the Operator, for the purposes of collecting statistical information, servicing, fulfilling the Operator’s obligations, providing Users with personalized services, protecting the User and other users from fraud and other offenses, conducting research, marketing, analytical purposes, and for developing, proposing, and providing new services. The rules for using the described information in other services may differ; the choice of a particular service is made by the User independently based on the required conditions for its provision.

7.6. The Operator urges children under the age of 18 not to register on the Resource (Service) and not to use it without the permission and involvement of parents or guardians, as well as not to provide any information about themselves. This Agreement obligates parents to ensure constant monitoring of the use of the Service by children under 18.

8. **Final Provisions**

8.1. This Agreement and the relationship between the Operator and the User are regulated and interpreted in accordance with the legislation of the Russian Federation. Issues not addressed by this Agreement shall be resolved in accordance with the legislation of the Russian Federation.

8.2. If any of the provisions of this Agreement are invalid or unenforceable for any reason, this shall not affect the validity or applicability of the remaining provisions of the Agreement.

8.3. The Parties agree that all disputes arising from the relationships between the Parties governed by this Agreement shall be resolved in the competent court at the location of the Operator, with mandatory compliance with the pre-trial claim procedure for dispute resolution. The Parties understand and agree that the pre-trial claim procedure for resolving disputes related to technical issues in the functioning of the Resource (Service), established in this paragraph of the Agreement, is mandatory when the Parties contact judicial authorities.

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 consent of the Parties or unilaterally by either Party in accordance with the procedures established by the legislation of the Russian Federation.