Terms of use | Karbush TV

Version dated March 15, 2023

This Agreement and the relations of the Parties arising from this Agreement are governed by the legislation of the Russian Federation.

This Agreement in accordance with Art. 435 of the Civil Code of the Russian Federation is an offer addressed to any individuals by the Operator’s proposal to conclude this Agreement on the terms specified therein. The Operator considers itself to have entered into this Agreement with individuals who will accept the specified offer.

With regard to the procedure and conditions for concluding this Agreement, the norms of the Civil Code of the Russian Federation are applied, regulating the procedure and conditions for concluding a public contract (Article 426 of the Civil Code of the Russian Federation), the direction of offer and acceptance (Articles 435–444 of the Civil Code of the Russian Federation).

1. Terms and definitions

1.1. Acceptance of the Agreement — completion of the registration procedure (creating an account and setting a login and password), through which the User confirms agreement with the terms of the Agreement. After acceptance of the Agreement, the User is deemed to have accepted unconditionally and in general the terms of this Agreement

1.2. Client programs — computer programs (including web version, mobile version and 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. Operator — Service Limited Liability Company «Film Company «KARBUSH» (hereinafter referred to as the Administrator) (TIN 5528206841, OGRN 1115543002013), which is located at the address: 644521, Russia, Omsk region, Omsk district, Verkhniy Karbush village, Sadovaya street 4-1 – a legal entity that has the authority to manage the Resource, interact with Users in the process of using the Resource and gaining access to the Content, including concluding this Agreement, as well as to perform other actions related to the use of the Resource.

1.5. Ordering Content — providing the User with access to Content under the following conditions: Subscription, Rental, Purchase, Download, Streaming, Access subject to viewing advertising. Acceptable uses are specified in the description of the Content.

1.5.1. Subscription — providing the User with access to Content specified by the Operator for a fee established by the Operator for a certain period of time without the possibility of downloading/uploading it (with the exception of a short-term recording of a work, which is temporary or accidental in nature and forms an integral and essential part of the technological process). If before the expiration of the specified period of time the User does not take action to disable the Subscription, the Subscription is renewed for the same period of time.

1.5.2. Rental — providing the User with access to a separate audiovisual work determined by the Operator, while the User gets the opportunity to start viewing such Content within 48 hours after payment. The rental cost is determined by the Operator in relation to each audiovisual work and is indicated on the Service/Resource.

1.5.3. Purchase — providing the User with access to a separate audiovisual work, while the User gets the opportunity to view such Content exclusively during the period for which the Operator has the rights to use the corresponding audiovisual work. The cost of the Purchase is determined by the Operator in relation to each audiovisual work determined by the Operator and is indicated on the Service/Resource.

1.5.4. Downloading is a method of providing access to a separate audiovisual work, in which the User is given the opportunity to download a unit of Content into the memory of the User device (including, but without exception, into the memory of Internet tablets and smartphones) with the ability to view and (or) listen to the Content during a certain period of time. The cost of the Download is determined by the Operator in relation to each audiovisual work 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 or saving it to the memory of any devices.

1.5.6. Access subject to viewing advertising is 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 advertising placed in any way.

1.6. User is an individual who exercises and has access to the Resource, who has registered and accepted the Agreement.

1.7. User device — user (terminal) equipment — technical means (smartphone, tablet computer, personal computer, TV set-top box, SMART TV, etc., with the help of which the Client program is allowed to be used and used by the User to use/access the Resource (Service) The number of devices for one User is no more than 5. Simultaneous viewing on no more than two devices.

1.8. Resource or Service KARBUSHTV (Resource or Service) — a set of Client programs and technical and technological solutions through which the User gets the opportunity to access video content (Content) provided by the Operator through the Resource.

1.9. Territory — the territory of the Internet coverage of the “Whole WORLD” network.

2. Subject of the Agreement

2.1. The Operator provides the User with access to view the Content, subject to the User’s compliance with the terms of this Agreement and the Content Order. The User is also granted the rights to use Client Programs solely for the purpose of access to viewing Content during the period for which the Order of (such) Content was made. Method of using Client Programs: use according to the functional purpose for access to viewing Content, through the functions available in the Client Programs interface.

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

2.3. To use the Resource (Service), the User is obliged, in the manner prescribed by this Agreement, to confirm that he has read, understood, agrees to abide by this Agreement, and to accede to this Agreement as a whole 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 obliged to fulfill the obligations provided for in this Agreement.

2.4. The Operator has the right to make proposals for 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). Continued use of the Resource after any such changes constitutes the User’s consent to such changes and/or additions. If the User does not agree to comply with this Agreement, he must stop 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 has the right to independently establish tariff plans, as well as establish and/or change individual tariffs, determine other price conditions for using the Resource (Service), independently create and change the list of Content, access to which is carried out within the terms of access to the Resource (Service) chosen by the User, as well as the order of arrangement of Content within the Resource (Service).

2.5. All results of intellectual activity used and posted on the Resource (Service), as well as the Resource (Service) itself, are the intellectual property of their legal rights holders and are protected by the legislation on intellectual property of the Russian Federation, as well as the relevant international legal conventions. Any use of the results of intellectual activity posted on the Resource (Service) (including visual design elements of the Resource (Service), symbols, texts, graphics, illustrations, photos, videos, programs, music, and other objects) without the permission of the Operator or the legal copyright holder is illegal and may give rise to legal proceedings and bring violators to civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.

2.6. Ordering Content/Access to viewing Content through the Resource (Service) is provided by the Operator solely for personal, non-commercial viewing by the User, exclusively through the Resource (Service), and without the right to otherwise use the Content not specified in this Agreement, including their sale, modification, distribution in whole or in parts, etc.

2.7. Any use of the Resource (Service) or the results of intellectual activity posted on it, except as permitted in the Agreement, without the prior written permission of the copyright holder is strictly prohibited.

2.8. The User does not have the 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 content without the consent of the Operator.

2.9. By registering on the Resource (Service), the User agrees to receive information, 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 agrees 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 about the User’s use of the Resource (Service). The Operator has the right to use such information for the purposes of execution of this Agreement, information and reference, technical maintenance, marketing or for other similar purposes.

3. Ordering Content, payment system, procedure, terms and form 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 Ordering Content.

3.2. The available methods for Ordering Content, as well as the procedure for ordering Content, are indicated when initiating the Content Order process. Depending on the User devices used, the Content Order is carried out by the User by any of the available forms of payment indicated on the Resource, including through a personal account, through mobile commerce for subscribers of cellular operators, bank cards, using a payment acceptance system on the Internet, and other available payment systems. In case of payment by bank card or through a personal account, the cost of the subscription is debited every month on the day corresponding to the connection date, regardless of the fact of viewing the Content throughout the entire period of the service until it is disconnected. If payment is not made, access is suspended.

3.3. The User’s deposit of funds under this Agreement through the payment system is considered a payment made directly 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 of acquiring the right to access the Internet, purchasing and setting up the relevant equipment and software products for this purpose are resolved by the User independently and are not subject to this Agreement.

4. Rights and obligations of the parties

4.1. User rights:

4.1.1. Use fully all the functionality provided by the Resource (Service), subject to the Order of Content and subject to payment for the Order of Content;

4.1.2. Receive, via SMS message, a notification about the payment made for the use of the Resource, if it is necessary to obtain information about Content Orders. To do this, the User provides the necessary mark in the appropriate section of the Resource and indicates his mobile number.

4.1.3. Receive the necessary information about the Operator, the scope of services provided within the Resource (Service).

4.1.4. Receive an invoice for services provided (with the exception of Access subject to viewing advertisements) and information about the account status or services provided in the User’s personal account.

4.2. User Responsibilities:

4.2.1. Comply with the terms of this Agreement.

4.2.2. Do not carry out actions prohibited by this Agreement and the legislation of the Russian Federation.

4.2.3. Not to carry out 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, and not to carry out any other actions that violate the rights of the Operator and /or third parties. Use User equipment that meets the requirements of the current legislation of the Russian Federation and allows you to view the Content.

4.2.4. Take appropriate measures to ensure the safety of the User’s account and bear responsibility for all actions performed on the Resource under the User’s account (login and password). The User is obliged to immediately notify the Operator of any cases of access to the Resource (Service) by third parties under the User’s account. The user does not have the right to transfer, assign, sell, transfer for use, etc. account on the Resource (Service) to third parties without the consent of the Operator

4.2.5. Timely pay the fee established by the Operator for using the Resource (Service);

4.2.6. Read this Agreement, information about the settings of the User Equipment, etc. before starting to use the Resource (Service), and also monitor its changes by the Operator.

4.3. Operator Rights:

4.3.1. Determine the composition of the Resource (Service), its structure and appearance, allow 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 questions about the possibility of placing advertising on the Resource (Service), participating in affiliate programs, etc.

4.3.3. If the User violates this Agreement and/or the legislation of the Russian Federation, suspend, limit or terminate such User’s access to all or any of the sections 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 liability for any harm that may be caused to the User by such action (including terminating the Agreement completely by deleting the User’s account from the Resource).

4.3.4. Involve any third parties in order to implement the rights and obligations under the Agreement.

4.3.5. Place advertising and/or other information in any section of the Resource (Service), interrupt the display of Content with advertising information, to which the User consents by Accepting this Agreement.

4.3.6. Establish age restrictions when accessing Content posted on the Resource (Service) intended for an audience of a certain age, this means that persons under 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 Resource (Service) signs of information products or through 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 Responsibilities:

4.4.1. Provide the technical ability for the User to gain access to the Resource (Service) within the Territory in the manner prescribed by this Agreement.

4.4.2. Carry out ongoing management of sections of the Resource (Service).

4.4.3. Provide viewing of the Content through the User Equipment, in accordance with the technological parameters for the Content established by the persons who provided the Content to the Operator.

5. Guarantees and responsibilities of the User

5.1. The parties to this Agreement bear responsibility in accordance with the current legislation of the Russian Federation.

5.2. The User bears full personal responsibility for compliance of the methods of his use of information, Content presented on the Resource (Service), with the norms of Russian or international legislation (including the norms of intellectual property law and information protection).

5.3. The User is responsible for the security of his account (login and password), as well as for everything that will be done on the Resource (Service) after authorization under his account. The operator has the right to prohibit the use of certain logins and/or withdraw them from circulation. The User is obliged to immediately notify the Operator of any case of unauthorized access under his login and password and/or of any security breach. The Operator is not responsible for possible loss or damage to data that may occur due to the User’s violation of the provisions of this Agreement.

5.4. In case of transfer of the login/password to a third party, the User himself bears full responsibility. The Operator is not responsible for damage caused as a result of 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 that he will 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 .

6. Limitation of liability of the Operator

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 guarantees or representations regarding its use or operation.

6.2. The User understands and agrees that the Operator may delete or move any results of intellectual activity (including Content) posted on the Resource (Service), accessible through it (including Content), at its own discretion, for any reason or for no reason , including without limitation the removal or removal of intellectual property.

6.3. The Operator is not responsible for any errors, omissions, interruptions, deletion, defects, delays in processing or transmission of data, failure of communication lines, theft, destruction or unauthorized access by third parties to the results of intellectual activity posted on the Resource (Service) accessible through it . The Operator is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of email services or scripts due to technical reasons. Also, the Operator is not responsible for compliance of the entire Resource (Service) or its parts (services) with the expectations of Users, error-free and uninterrupted operation of the Resource (Service), termination of User access to the Resource (Service) and the results of intellectual activity posted on the Resource (Service), accessible through it, the safety of the User’s login and password, which provide access to individual services of the Resource (Service), losses incurred by Users for reasons related to technical failures of hardware or software.

6.4. The Operator is not responsible for any damage to the User device, any other equipment or software caused by or associated with 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, unintentional damage, including lost profits or lost data, damage 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) accessible through it. In any case, the Parties agree that the amount of damages reimbursed by the Operator to the User for any violations associated with the use of the Resource (Service) or this Agreement is limited by the Parties to the amount of 200 (two hundred) rubles.

6.6. The Operator is not responsible to the User or any third parties for: the User’s actions on the Resource (Service); for the content and legality, reliability of information used/received by the User on/through the Resource (Service)/Resource (Service); for the quality of goods/work/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/work/services advertised therein; for the consequences of using information used/received by the User on/through the Resource (Service)/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 undertakes, on his own and at his own expense, to settle these claims with third parties, protecting the Operator from possible losses and proceedings.

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 and their content, as well as for any consequences associated with the use of these resources. Any clicking on links carried out by the User is done at his own peril and risk.

7. Privacy Policy

7.1. The Operator ensures 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 unlawful actions of third parties.

7.2. The operator takes measures necessary and sufficient to ensure the fulfillment of the obligations provided for by the Federal Law of July 27, 2006 N 152-FZ “On Personal Data” and the regulatory legal acts adopted in accordance with it.

7.3 By using the Resource (Service), the User agrees that personal data that has become known to the Operator is processed by the Operator in accordance with the Federal Law “On Personal Data” for the purpose of implementing the Resource (Service). Processing of personal data is carried out in the following ways: collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, depersonalization, blocking, deletion, destruction or by performing other actions (operations) with personal data performed using automation tools or without the use of such tools. Personal data was obtained directly from the subject of personal data or his authorized representative. By using the Resource (Service), the User expresses his consent that the term or condition for cessation of 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 reliable and sufficient information, keeps this information up to date, and the Operator can use it as part of the provision of the Resource (Service).

7.5. By registering in the Resource (Service), the User, regardless of his other expressions of will, confirms that he is notified and agrees that when using the Resource (Service) in an automatic mode and without reference to the user’s identity, technical information about the use of the Resource (Service), including, but not limited to, information about the IP address, equipment and software, including parameters of its use and services provided, including temporary ones, information about the facts and reasons for contacting the Operator, the results of their implementation and ordered services, accrued and paid payments, about traffic, debt, blocking, information on the average volume of consumption of communication services and average charges, data on the binding of User equipment to network equipment when using the Service, addresses of requested pages, unique identification numbers of equipment and modules installed in it and other similar information. The specified information is processed, including with the involvement of affiliated and otherwise connected persons with the Operator, for the collection of statistical information, maintenance, fulfillment of the Operator’s obligations, to provide the User with personalized services, to protect him and other users from fraud and other offenses, in research, marketing , analytical purposes and for the development, proposal and provision of new services. The rules for using the described information in other services may differ; the choice of one or another service is made by the User independently, based on the required conditions for its provision.

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

8. Final provisions

8.1. This Agreement and the relationship between the Operator and the User are 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 legislation of the Russian Federation.

8.2. If for any reason any of the terms of this Agreement are invalid or unenforceable, this will not affect the validity or enforceability of the remaining terms of the Agreement.

8.3. The Parties agreed that all disputes arising from the relations of the Parties governed by this Agreement must be resolved in the competent court at the location of the Operator with mandatory compliance with the pre-trial claim procedure for resolving disputes. The Parties understand and agree that the claim procedure for the settlement of disputes by the Parties related to technical problems in the operation of the Resource (Service), established by this paragraph of the Agreement, is mandatory when the Parties apply to the judicial authorities.

8.4. This Agreement was 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 any of the Parties in the manner prescribed by the legislation of the Russian Federation.