Last updated: January 4, 2023 (Information about changes is sent 10 days prior to publication on the website to each rights holder via email or SMS notification to their mobile phone).
Please send your contacts, mobile phone number, account details on the website, and banking information to the email address provided info@karbushtv.online
A. This Agreement on the rules and conditions for content placement for Rights Holders (hereinafter referred to as the «Agreement») constitutes a public offer to any legal entity or capable individual who has completed the registration/authentication procedure on the Site in accordance with the terms of this Agreement and is using any of the features provided by Karbush TV from the Limited Liability Company «Kino Company Karbush» (TIN 5528206841, OGRN 1115543002013), registered at: Russian Federation, 644521, Omsk Region, Omsk District, Upper Karbush Village, Sadovaya Street 4/1 (hereinafter referred to as the «Provider»), which is authorized to operate the website legally karbushtv.online , ru.karbushtv.online (including mobile applications) (hereinafter referred to as the «Site,» «Service»), and providing registered/authenticated individuals (Rights Holders) the opportunity to upload, place, store, view, and perform other actions related to Content via the Internet through an IP address. In its relationships with the Rights Holder, the Provider acts solely as a technical platform for hosting the Rights Holder’s Content, allowing the Rights Holder to receive compensation for its viewing by Users.
B. The Rights Holder agrees to use the Service, to place and/or remove Content (hereinafter referred to as «Content») on the Service under the terms defined in this Agreement, as well as in accordance with the norms of applicable legislation of the Russian Federation, and not to interfere with the operation of the Service or attempt to access the Content and functions of the Service by means not directly provided by the Provider.
C. The use of the Service by the Rights Holder, its individual functions, in any manner and in any form within its declared functional capabilities, including but not limited to: (a) registration and/or authorization on the Site or in any services of the Site; (b) other uses of the functional capabilities of the Mobile Application and/or Site or any services of the Site, creates a contract under the terms of this Agreement, in accordance with the provisions of Articles 434, 435, and 437 of the Civil Code of the Russian Federation. The offer is valid in electronic form and does not require paper documentation.
According to paragraph 2 of Article 434 of the Civil Code of the Russian Federation (hereinafter referred to as the «Civil Code»), a contract in written form may be concluded by composing a single document (including electronic) signed by the parties, or by exchanging letters, telegrams, electronic documents, or other data in accordance with the rules of paragraph 2 of Article 160 of the Civil Code. According to paragraph 2 of Article 160 of the Civil Code, the written form of a transaction is considered fulfilled also in the case of a person concluding a transaction using electronic or other technical means that allow for reproducing the content of the transaction in an unchanged form on a material medium, with the requirement for a signature being considered satisfied if any method is used that reliably determines the person expressing their intent.
According to paragraph 4 of Article 11 of Federal Law No. 149-FZ of July 27, 2006, “On Information, Information Technologies, and Information Protection,” for the purposes of concluding civil law contracts or formalizing other legal relations involving parties exchanging electronic messages, the exchange of electronic messages, each signed with an electronic signature or any equivalent of the handwritten signature of the sender of such a message, in the manner established by federal laws, other regulatory legal acts, or the agreement of the parties, is considered as the exchange of documents.
By utilizing any of the aforementioned options for using the Site/Service, the Rights Holder confirms that:
B(1) They have familiarized themselves with the terms of this Agreement before using the Site or any services of the Site.
B(2) They accept all the terms of this Agreement in full without any exceptions or limitations on the part of the Rights Holder and undertake to comply with them; in case of disagreement with any terms of this Agreement, the Rights Holder must completely refrain from using the Site or any services of the Site in any form. Lack of knowledge or failure to familiarize oneself with the terms of this Agreement does not exempt the Rights Holder from liability for non-compliance with its terms.
B(3) Marking the appropriate box during registration/authentication on the Site (or using the Login and Password to access the Site and/or any services of the Site, including mobile applications) in conjunction with other conclusive actions by the Rights Holder (including but not limited to passing Authentication, etc.) is recognized by the Parties as an equivalent of the handwritten signature of the Rights Holder when formalizing (through software) electronic documents sent from the Rights Holder to the Provider (and/or exchanged between the Parties), including obtaining any necessary consents (including Consent for processing personal data) and confirmations from the Rights Holder.
These actions are considered by the Parties as compliance with the written form of the transaction, meeting the requirement for the presence of a signature, in the event of a person concluding a transaction using electronic or other technical means that allow for reproducing the content of the transaction in an unchanged form on a material medium, and the aforementioned actions of the Rights Holder are deemed by the Parties as an agreed method to reliably determine the person expressing their intent in concluding the transaction.
G. The Agreement may be amended by the Provider at any time, with a notification sent to the Rights Holder via email or SMS message 10 (ten) calendar days prior to its publication on the Site. The new version of the Agreement takes effect upon its publication on the Site or when brought to the attention of the Rights Holder in another convenient form at the Provider’s discretion, unless otherwise stipulated in the new version of the Agreement. The Rights Holder bears the responsibility for checking any changes and/or additions to the Agreement. The current version of this Agreement is always available on the Site at the address provided: https://karbushtv.online/publichnoe-soglashenie/ .
H. This Agreement is recognized by the Parties as a contract concluded in written form by composing a single document (including electronic) signed by the Parties in accordance with the procedures outlined in paragraph (B(3) above.
Terms and Definitions
In this Agreement and in the relationships arising from or related to it, the following terms and definitions are used:
**User** – A User of the information and telecommunications network «Internet», any legally capable adult individual located in the Territory, who has registered and gained access to the Service through the Internet via an IP address under the terms of this Agreement.
**Service** – A set of services, including services for viewing Content using the Site. The Service provides Users with access to Content in streaming mode and/or by temporarily downloading it to Users’ devices, provided there is an Internet connection.
**Territory** – The entire world.
**Provider** – Limited Liability Company «Film Company «KARBUSH» (Tax ID 5528206841, Primary State Registration Number 1115543002013), registered at the address: Russian Federation, 644521, Omsk Region, Omsk District, village Verkhny Karbush, Sadovaya St., 4/1, a legal entity established under the laws of the Russian Federation.
**Rights Holder** – The holder of the Content, placing the Content in the Provider’s Service in accordance with the provisions of this Agreement. When placing Content, the Rights Holder guarantees that they act on legal grounds, possess all necessary rights to use the Content for the purpose of placement on the Site, and that the placement, dissemination, reproduction, and showing of the Content within the Service do not violate (or lead to the violation of) the legal rights and interests of third parties (including, but not limited to, copyright, related rights, patent rights, the right to privacy, the right to protect honor, dignity, and good name, the right to a citizen’s image, etc.) and current Russian legislation (including, but not limited to, legislation on intellectual property results and means of individualization). The Rights Holder bears full responsibility for the placement and use of the Content, as well as for the consequences of such actions.
**Payment Agent** – A legal entity engaged by the Provider under a separate agreement to provide Users with the opportunity to make payments for the use of the Service in accordance with the terms of this Agreement, as well as the general user agreement.
**Services** – The provision by the Provider of remote access to Content placed by the Rights Holder for viewing through the Service via the Internet.
In this Agreement, as well as in documents arising from or related to it, other terms and definitions that are not specified in this section of the Agreement may be used. In such cases, the interpretation of such a term shall be made in accordance with the text of the Agreement. If there is no unambiguous interpretation of a term or definition in the text of the Agreement or in documents arising from or related to it (unless otherwise explicitly provided), one should refer to its interpretation as defined: primarily by the legislation of the Russian Federation, and subsequently by the customs of business turnover and scientific doctrine.
The specified documents must be provided to the Provider within 3 (three) days from the date of receipt of the relevant request.
The Rights Holder agrees that the Provider has the right, at its discretion, to refuse the Rights Holder the placement of Content and/or to request documentation that confirms the legitimacy of the placement and use of already placed Content, or to remove any Content that is available through the Service without providing reasons. The Rights Holder acknowledges and agrees that they must independently assess all risks associated with the distribution of any placed Content, including assessing its reliability, completeness, and usefulness. This clause of the Agreement does not imply and cannot be interpreted as conferring upon the Provider the obligation to regularly moderate (control the content of) the Content placed in the Service; however, at the Provider’s discretion, it has the right to selectively introduce occasional procedures for prior approval of the addition of Content or procedures for detecting violations of the terms of this Agreement by the Rights Holder at any time, including regarding previously placed Content.
The Provider is not liable for any use of the Content by third parties.
If a court or other competent authority imposes an obligation on the Provider to pay any amounts to third parties in connection with the specified claims and/or lawsuits, and this obligation arises from the Rights Holder’s failure to fulfill or improper fulfillment of obligations under this Agreement, the Rights Holder agrees to compensate the Provider for all such amounts, as well as any additional expenses related to the execution of such decision, including but not limited to court costs, fines, and other financial obligations.
of third parties as a result of wrongful actions by the Rights Holder and/or authorized third parties, the Rights Holder shall make such payments instead of the Provider or, upon the Provider’s written request, compensate all expenses for such payments in full.
The Rights Holder agrees that they are responsible for the content placed in the Provider’s Service, its compliance with the requirements of applicable law, including liability to third parties for violations of their rights and legitimate interests, including exclusive and/or personal non-property rights, and shall fully compensate the Provider for any damages incurred as a result of such violations, as well as due to non-compliance with the guarantees and content requirements specified in this Agreement.
The Rights Holder has the right to place Content in the Service both in Russian (including with subtitles) and without translation into Russian (in the original language).
The use of the Service for committing criminal offenses, disclosing information that constitutes state or other legally protected secrets, disseminating materials containing public calls for terrorist activities or publicly justifying terrorism, as well as other extremist materials is prohibited. Additionally, materials promoting pornography, the cult of violence and cruelty, and materials containing foul language or information expressed in an indecent manner that offends human dignity and public morality, and that express clear disrespect for society, the state, official state symbols of the Russian Federation, the Constitution of the Russian Federation, or the bodies exercising state power in the Russian Federation are also prohibited.
The Content placed must not contain propaganda of narcotic substances, advertisements, or descriptions of the appeal of using narcotic substances, including “digital drugs” (audio files that affect the human brain through binaural rhythms), information on drug distribution, recipes for their manufacture and consumption advice, and information on methods, techniques, and processes for developing, manufacturing, and using narcotic substances, psychotropic substances and their precursors, new potentially dangerous psychoactive substances, as well as places to acquire them, and methods and locations for cultivating narcotic plants. If such actions are part of an artistic concept, appropriate labeling must be placed in the opening credits.
This does not preclude the presentation of relevant information within a neutral (educational, artistic, historical) context. Such informative efforts, provided they lack the characteristics of propaganda (i.e., they are not aimed at forming preferences associated with choosing non-traditional forms of sexual identity), and ensure an individualized approach considering the psychological and physiological development of children in various age groups, as well as the nature of the specific issue being addressed, may be carried out with the involvement of specialists—educators, medical professionals, and psychologists (Resolution of the Constitutional Court of the Russian Federation dated September 23, 2014, No. 24-P). If such actions are part of an artistic concept, appropriate labeling must be placed in the opening credits.
The placement of Content that contains commercial or confidential information, infringes upon the exclusive and/or non-property personal rights and other intellectual rights of third parties, constitutes unsolicited or unauthorized advertising, advertising materials, «junk mail,» «spam,» «chain letters,» «financial pyramids,» links to websites, or any other form of service solicitation, and contains software viruses or any other computer code, files, or programs intended to disrupt, destroy, or limit the operation of any computer software or hardware, or telecommunications equipment, is prohibited. Additionally, any content that includes falsified or forged information that conceals the true origin of the Content provided by the Rights Holder, or that violates other provisions of the legislation of the Russian Federation, as well as contradicts the norms of international law, is also prohibited.
The payment of the amounts due to the Rights Holder will be made by the Provider to the bank account of the Rights Holder specified in their account, provided that the amount of remuneration to be paid is at least $100. If the amount of remuneration for the previous reporting period is less than $100, the Rights Holder’s remuneration will be paid out in the subsequent period upon reaching the specified amount.
In the event that an invalid bank account is provided, or there is an error in the account information, the Rights Holder shall bear the responsibility for the failure to receive funds.
Each party to this Agreement undertakes to pay all taxes and fees applicable under this Agreement at their own expense.
For the purposes of this Agreement, the date of payment of remuneration is understood to be the date on which the funds are debited from the Provider’s settlement account in favor of the payment details of the Rights Holder.
The Rights Holder agrees to independently monitor the validity period of the exclusive rights to the Content placed on the Service and, upon the expiration of such a period and non-renewal, the Rights Holder agrees to remove the relevant Content from the Service.
This Agreement may be terminated early by mutual written consent of the Rights Holder and the Provider. Upon termination of the Agreement, all Content of the Rights Holder shall be removed from the Service by the Rights Holder on the last day of the Agreement’s validity.
This Agreement is governed and interpreted in accordance with the applicable law of the Russian Federation. Matters not regulated by this Agreement shall be resolved in accordance with the legislation of the Russian Federation.
If for any reason one or more provisions of this Agreement are found to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of the Agreement.
Inaction by the Provider in the event of a breach of the provisions of the Agreement by the Rights Holder or Users does not waive the Provider’s right to take appropriate action to protect its interests later, nor does it imply a waiver of the Provider’s rights in the event of subsequent similar or analogous violations.
Any notifications from the Rights Holder to the Provider must be sent to the following address: Russian Federation, 644521, Omsk Region, Omsk District, Verkhny Karbush Village, Sadovaya St., 4/1.
The parties to this Agreement acknowledge the legal validity of documents received by email, equivalent to documents executed in simple written form.
LLC «Film Company «KARBUSH»
OGRN 1115543002013
INN 5528206841
KPP 550502001
General Director:
Latushkin Paul Gennadyevich (since January 21, 2011).