Version from 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 Article 435 of the Civil Code of the Russian Federation, is an offer addressed to any individuals by the Operator’s offer to conclude this Agreement on the terms specified therein. The Operator considers itself to have concluded 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 governing the procedure and conditions for concluding a public contract (Article 426 of the Civil Code of the Russian Federation), the direction of the offer and acceptance (Article 435-444 of the Civil Code of the Russian Federation) apply.
1. Terms and definitions
1.1. Acceptance of the Agreement – passing 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 the Acceptance of the Agreement, the User is considered to have accepted unconditionally and in general the terms of this Agreement
1.2. Client programs – computer programs (including web version, mobile version and Smart TV version) adapted for the KARBUSHTV Resource (service).
1.3. Content – TV channels, as well as individual audiovisual works, access to which is provided to the User by Ordering Content in accordance with the terms of this Agreement.
1.4. The Service Operator is the Limited Liability Company “KARBUSH Film Company” (hereinafter referred to as the Administrator) (TIN 5528206841, OGRN 1115543002013), which is located at the address: 644521, Russia, Omsk region, Omsk district, Verkhny Karbush village, Sadovaya Street 4-1 – a legal entity with authority to manage the Resource, implement interaction with Users during their use of the Resource and their access to the Content, including the conclusion of this Agreement, as well as performing other actions related to the use of the Resource.
1.5. Ordering Content – providing the User with access to the Content on the following conditions: Subscription, Rental, Purchase, Download, Streaming, Access provided that advertising is viewed. The methods of acceptable use are specified in the Content description.
1.5.1. Subscription – providing the User with access to the Content defined by the Operator for a fee set by the Operator for a certain period of time without the possibility of downloading/downloading it (except for a short-term recording of the work, which is temporary or accidental and forms an integral and essential part of the technological process). If the User does not perform actions to disable the Subscription before the expiration of the specified period of time, the Subscription is extended 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 price is determined by the Operator in relation to each audiovisual work and is indicated on the Service/Resource.
1.5.3. Purchase – granting the User 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 Purchase price 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 a User device (including, but without exception, into the memory of Internet tablets and smartphones) with the possibility of viewing and (or) listening to Content for a certain period of time. The cost of Downloading 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 them or saving them to the memory of any devices.
1.5.6. Access on condition of 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 on condition of viewing advertising placed in any way.
1.6. The User is an individual who performs and has access to the Resource, has been registered and has accepted the Agreement.
1.7. User device – user (terminal) equipment – technical means (smartphone, tablet computer, personal computer, set-top box, SMART TV, etc., with which the use of the Client Program is allowed and used by the User to use / access the Resource (Service). The number of devices per User is no more than 5. Simultaneous viewing on no more than two devices.
1.8. KARBUSHTV Resource or Service (Resource or Service) is a set of Client programs and technical and technological solutions through which the User gets the opportunity to access video 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 viewing Content, subject to the User’s compliance with the terms of this Agreement and Ordering Content. The User is also granted the rights to use Client Programs solely for the purposes of access to viewing Content during the period for which the Order was made (such) Content. The method of using Client programs: using it for its functional purpose to access the viewing of Content through the functions available in the interface of Client programs.
2.3. To use the Resource (Service) The User is obliged, in accordance with the procedure established by this Agreement, to confirm that he has read, understood, agrees to comply with this Agreement, and to join this Agreement as a whole by registering (accepting the Agreement). From the moment of Acceptance of the Agreement 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 to amend and supplement 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 means the User’s consent to such changes and/or additions. If the User does not agree to comply with this Agreement, he is obliged to stop using the Resource. It remains the User’s personal responsibility to regularly review the Resource to familiarize himself with the current version of the Agreement. The Operator has the right to independently set tariff plans, as well as to set and/or change individual tariffs, determine other price conditions for using the Resource (Service), independently form and change the list of Content that is accessed within the terms of access to the Resource (Service) selected by the User, as well as the order of placement of Content within the Resource (Service).
2.5. All used and posted on the Resource (Service) the results of intellectual activity, as well as the Resource (Service) itself, are the intellectual property of their legal rightholders and are protected by the intellectual property legislation of the Russian Federation, as well as relevant international legal conventions. Any use of the posted on the Resource (Service) the results of intellectual activity (including elements of the visual design of the Resource (Service), symbols, texts, graphic images, illustrations, photos, videos, programs, music, and other objects) without the permission of the Operator or the legal rightholder is illegal and may serve as a reason for legal proceedings and bringing 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 exclusively for personal non-commercial viewing by the User, exclusively through the Resource (Service), as well as without the right to other use of Content not specified in this Agreement, including their sale, modification, distribution in whole or in part 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 has no right to reproduce, repeat, copy, sell, resell, or use in any way for any commercial purposes the Resource and (or) any parts of the content of the Resource without the consent of the Operator.
2.9. By registering on the Resource (Service), the User agrees to receive informational, promotional and other messages, including about the products and services of the Operator and its partners, via the telecommunication 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 executing this Agreement, information and reference, maintenance, marketing or for other similar purposes.
3. Content ordering, 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 on condition of Ordering Content.
3.2. The available methods of Ordering Content, as well as the procedure for Ordering Content, are specified when initiating the Content Ordering process. Depending on the User devices used, the Content is ordered by the User using 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 the payment acceptance system on the Internet, and other available payment systems. In the case of payment by bank card or through a personal account, the subscription price is debited every month on the day corresponding to the activation date, regardless of the fact of viewing Content throughout the entire period of the service until self-disconnection. In case of non-payment, access is suspended.
3.3. The User’s depositing funds under this Agreement through the payment system is considered to be making a payment directly to the Operator. The User’s obligation to make a payment is considered fulfilled from the moment of making such a payment.
3.4. All issues of acquiring the right to access the Internet, purchasing and setting up the appropriate equipment and software products for this are solved 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, notification of the payment made for the use of the Resource, if necessary, to receive 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. To 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 (with the exception of Access provided that ads are viewed) and information about the status of the account or services rendered in the User’s personal account.
4.2. Obligations of the User:
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 carry out any actions aimed at destabilizing the operation of the Resource (Service), attempts at unauthorized access to the Resource (Service), the results of intellectual activity posted on it, accessible through the Resource, as well as 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 Content.
4.2.4. Take appropriate measures to ensure the safety 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. the 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 the use of the Resource (Service);
4.2.6. Get acquainted with this Agreement, information about User equipment settings, etc. before using the Resource (Service), as well as monitor its change by the Operator.
4.3. Operator’s 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, the requirements of the copyright holders.
4.3.2. To resolve issues related to the commercial use of the Resource (Service), in particular questions about the possibility of placing advertising on the Resource (Service), participation in partner programs, etc.
4.3.3. If the User violates this Agreement and/or the legislation of the Russian Federation, suspend, restrict or terminate such User’s access to all or any of the sections of the Resource (Service) unilaterally, as well as block the possibility of using the Resource (Service) (block authorization and/or IP addresses) for Users at any time, in accordance with the procedure established by this Agreement and the current legislation of the Russian Federation, not responsible for any harm, which may be caused to the User by such an action (including terminating the Agreement completely by deleting the User account from the Resource).
4.3.4. To involve any third parties in order to exercise 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 demonstration of Content with advertising information, to which the User gives him consent by accepting this Agreement.
4.3.6. To set age restrictions when accessing Content posted on a 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 on the Resource (Service) signs of information products or through informational messages when a User tries 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. Obligations of the Operator:
4.4.1. To provide the technical possibility for the User to gain access to the Resource (Service) within the Territory in the manner defined by this Agreement.
4.4.2. To carry out the current management of sections of the Resource (Service).
4.4.3. To provide Content viewing through User Equipment, in accordance with the technological parameters for the Content set by the persons who provided the Content to the Operator.
5. User’s Guarantees and Responsibilities
5.1. The Parties to this Agreement are responsible in accordance with the current legislation of the Russian Federation.
5.2. The User bears full personal responsibility for the compliance of the ways of using the 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 usernames and/or withdraw them from circulation. The User is obliged to immediately notify the Operator of any unauthorized access under his username and password and/or of any security breach. The Operator is not responsible for the possible loss or damage of 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, all responsibility is borne directly by the User himself. The Operator is not responsible for the 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 reimburse 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 makes no guarantees or representations regarding its use or functioning.
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 his personal discretion, for any reason or for no reason, including, without any restrictions, moving or deleting results of intellectual activity.
6.3. The Operator is not responsible for any errors, omissions, interruptions, deletion, defects, delay 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 for technical reasons. Also, the Operator is not responsible for the compliance of the Resource (Service) in whole 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, ensuring 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’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, 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) available through him. In any case, the Parties agree that the amount of damages reimbursed 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 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 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, commercials, etc.) posted on the Resource (Service), and their possible non-compliance with generally accepted standards or User expectations; for the reliability 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 case of claims by third parties against the Operator related to the User’s use of the Resource (Service), the User undertakes to settle these claims with third parties on his own and at his own expense, 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 does not bear any responsibility for the availability of these resources and for their content, as well as for any consequences associated with the use of these resources. Any clicks on links carried out by the User, the latter makes at his own risk.
7. Privacy Statements
7.1. The Operator ensures that necessary and sufficient organizational and technical measures are taken to protect User information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions with it by third parties.
7.2. The Operator takes measures necessary and sufficient to ensure the fulfillment of the obligations provided for by Federal Law No. 152-FZ of 27.07.2006 “On Personal Data” and regulatory legal acts adopted in accordance with it.
7.3 By using the Resource (Service), the User agrees that the 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). The processing of personal data is carried out in the following ways: collection, recording, systematization, accumulation, storage, clarification (updating, modification), 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 is received directly from the personal data subject or his authorized representative. By using the Resource (Service), the User agrees that the term or condition for the termination of the processing of personal data is the liquidation of the Operator.
7.4. Taking into account the fact that the Operator cannot verify the accuracy of the information provided by Users, the Operator assumes that such a 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 will, confirms that he is notified and agrees that when using the Resource (Service) in automatic mode and without reference to the user’s identity, technical information about the use of the Resource (Service) is processed, including, but not limited to, IP address data, about the equipment and software, including the parameters of its use and the services provided, including temporary ones, information about the facts and reasons for contacting the Operator, the results of their implementation and the services ordered, accrued and paid payments, traffic, arrears, blockages, 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. This information is processed, including with the involvement of affiliated and otherwise related persons with the Operator, to collect statistical information, service, fulfill the obligations of the Operator, to provide personalized services to the User, protect him and other users from fraud and other offenses, for research, marketing, analytical purposes and for the development, offer and provision of new services. The rules for using the described information in other services may differ, the choice of a particular service is carried out by the User independently, based on the required conditions for its provision.
7.6. The Operator encourages children under the age of 18 not to register on the Resource (Service) and not to use it without the permission and participation of parents or guardians, as well as not to provide any information about themselves. This Agreement obliges parents to ensure constant monitoring of the use of the Service by children under the age of 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 regulated by the Agreement are subject to resolution in accordance with the legislation of the Russian Federation.
8.2. If, for one reason or another, any of the terms of this Agreement are invalid or unenforceable, this does not affect the validity or applicability of the remaining terms of the Agreement.
8.3. The Parties have agreed that all disputes arising from the relations of the Parties regulated by this Agreement should be resolved in a competent court at the location of the Operator with mandatory compliance with the pre-trial dispute settlement procedure. The Parties understand and agree that the claim procedure for the settlement by the Parties of disputes 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 judicial authorities.
8.4. This Agreement is concluded in the city of Omsk, Russia on the date of its Acceptance by the User.
8.5. This Agreement is concluded for an indefinite period. This Agreement may be terminated by mutual agreement of the Parties or unilaterally by either Party in accordance with the procedure provided for by the legislation of the Russian Federation.