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, is 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.

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), sending an offer and acceptance (Articles 435-444 of the Civil Code of the Russian Federation) shall apply to the procedure and conditions for concluding this Agreement.

1. 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. After Accepting 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 KARBUSHTV Resource (service).

1.3. Content – TV channels, as well as individual audiovisual works, access to which is granted 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 following address: 644521, Russia, Omsk Region, Omsk District, Verkhniy Karbush Village, Sadovaya Street 4-1 – a legal entity authorized to manage the Resource, interact with Users in the process of their use of the Resource and their access to the Content, including the conclusion of this Agreement, as well as to perform other actions related to the use of the Resource.

1.5. Content Order – providing the User with access to Content under the following conditions: Subscription, Rent, Purchase, Download, Streaming, Access subject to viewing advertising. Methods of acceptable use are indicated in the description of the Content.

1.5.1. Subscription – providing the User with access to the Content determined 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 random in nature and constitutes an integral and essential part of the technological process). If the User does not take any action to disable the Subscription before the expiration of the specified period of time, the Subscription is extended for a similar period of time.

1.5.2. Rent – 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 price 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 relevant audiovisual works. The Purchase Price is determined by the Operator with respect 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 an individual audiovisual work, in which the User is given the opportunity to download a unit of Content to the memory of the User’s device (including, but without exception, to the memory of Internet tablets and smartphones) with the opportunity to view and (or) listen to the Content for a certain period of time. The Download Price is determined by the Operator with respect 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 the 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 advertising is a method of providing access to Content, in which the User is given the opportunity to view and (or) listen to the Content subject to viewing advertising placed in any way.

1.6. User – an individual who has and has access to the Resource, who has completed registration 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 allowed and used by the User to use / access the Resource (Service). The number of devices of 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 by means of which the User gets the opportunity to access video content (Content) provided by the Operator through Resource.

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

2. Subject of the Agreement

2.1. The Operator provides the User with 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 made. Method of using the Client Programs: use for their functional purpose to access and view Content, through the functions available in the interface of the Client Programs.

2.2. This Agreement establishes the general terms and conditions for the 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/she has read, understood, agrees to be bound by this Agreement, and to accede to this Agreement as a whole by registering (accepting the Agreement). From the moment Upon acceptance of the Agreement by the User, this Agreement is deemed to be 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 has 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, he/she 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 pricing conditions for the use of the Resource (Service), independently create and change the list of Content, access to which is provided within the framework of the conditions of access to the Resource (Service) selected by the User, as well as the procedure for placing 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 owners and are protected by the intellectual property legislation of the Russian Federation, as well as relevant international legal conventions. Any use of the intellectual property (including elements of the visual design of the Resource (Service), symbols, texts, graphic images, illustrations, photos, videos, programs, music, and other objects) posted on the Resource (Service) without the permission of the Operator or the legal copyright holder is illegal and may give rise to legal proceedings and the imposition of civil, administrative, and criminal penalties on violators 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 the personal, non-commercial viewing of the Content 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. English: 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 has no right to reproduce, repeat, copy, sell, resell, or use in any way for any commercial purposes the Resource and (or) any part of the contents of the Resource 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 expresses consent to the collection and use by the Operator of any and all information about the User and the User’s use of the Resource (Service) obtained as a result of using the Resource. The Operator has the right to use such information for the purposes of fulfilling this Agreement, information and reference, technical maintenance, marketing or for other similar purposes.

3. 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 Content Ordering.

3.2. Available methods of Content Ordering, as well as the procedure for placing an Order for Content, are specified when initiating the Content Ordering process. Depending on the User’s devices used, Content Ordering is carried out by the User using any of the available payment methods specified on the Resource, including through a personal account, via mobile commerce for subscribers of cellular operators, bank cards, using an online payment system, and other available payment systems. In case of payment by bank card or through a personal account, the subscription fee is debited every month on the day corresponding to the connection date, regardless of the fact of viewing Content throughout the entire service period until independent disconnection. In case of non-payment, access is suspended.

3.3. The User’s deposit of funds under this Agreement through the payment system is considered a payment 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 related to the acquisition of Internet access rights, the purchase and setup of relevant equipment and software products are resolved by the User independently and are not covered by this Agreement.

4. Rights and obligations of the parties

4.1. User rights:

4.1.1. English: Fully use all the functionality provided by the Resource (Service), subject to Ordering Content and subject to payment for the Order of Content;

4.1.2. Receive a notification via SMS about the payment made for using the Resource, if information about Content Orders is needed. To do this, the User provides the necessary mark in the relevant section of the Resource and indicates their mobile number.

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

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

4.2. User’s Obligations:

4.2.1. Comply with the terms of this Agreement.

4.2.2. Not to perform actions prohibited by this Agreement and the legislation of the Russian Federation.

4.2.3. Not to perform any actions aimed at destabilizing 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 perform 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 viewing Content.

4.2.4. Take appropriate measures to ensure the security of the User account and be responsible for all actions performed on the Resource under the User 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 account. The User has no 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 set by the Operator for using the Resource (Service);

4.2.6. Review this Agreement, information on the settings of the User Equipment, etc. before using the Resource (Service), and monitor its changes by the Operator.

4.3. Rights of the Operator:

4.3.1. Determine the composition of the Resource (Service), its structure and appearance, 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 violation by the User of this Agreement and/or the legislation of the Russian Federation, suspend, restrict or terminate such User’s access to all or any sections of the Resource (Service) unilaterally, and also block the ability to use the Resource (Service) (block authorization and/or IP addresses) for Users at any time, in the manner prescribed 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 the 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 his consent by Accepting this Agreement.

4.3.6. Establish age restrictions on 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, about which the Operator may notify the User by indicating information product signs on the Resource (Service) 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 stipulated by this Agreement and/or the legislation of the Russian Federation.

4.4. Duties of the Operator:

4.4.1. Ensure the technical capability of 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 Content to the Operator.

5. User’s Warranties and Liability

5.1. The parties to this Agreement shall be liable in accordance with the current legislation of the Russian Federation.

5.2. The User shall be solely responsible 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).

5.3. The User shall be responsible for the security of his/her account (login and password), as well as for everything that is done on the Resource (Service) after authorization under his/her 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 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 damages 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.

6. 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 gives no guarantees or representations regarding either its use or functioning.

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

6.3. The Operator shall not be liable 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 shall not be liable for any technical failures or other problems of 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), 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 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, or unintentional damage, including lost profits or data, 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 the amount of 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 reliability of the 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 the advertising information used/received by the User on the Resource (Service), and the quality of the goods/works/services advertised in it; 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 make claims against the Operator related to the User’s use of the Resource (Service), the User undertakes to settle such claims with third parties at his own expense and on his own behalf, 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 has no control over 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 links by the User are made at their own 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, and 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 27.07.2006 “On Personal Data” and regulatory legal acts adopted in accordance therewith.

7.3 By using the Resource (Service), the User agrees that personal data that has become known to the Operator shall be processed by the Operator in accordance with the Federal Law “On Personal Data” for the purpose of implementing the Resource (Service). Personal data shall 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 personal data subject or his 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. Given 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 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, provision of the User with personalized services, protection of the User and other users from fraud and other offenses, for research, marketing, 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 choice of a particular service is made by the User independently, based on the required conditions for its provision.

7.6. The Operator calls upon children under 18 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 supervision 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 shall be governed by and interpreted in accordance with the legislation 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 shall not affect the validity or applicability of the remaining terms of the Agreement.

8.3. The Parties agree that all disputes arising from the relations of the Parties governed by this Agreement shall be resolved in a 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 claim procedure for the resolution of 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 apply 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 the manner prescribed by the legislation of the Russian Federation.