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User Agreement for the Service «NONFICTION» The present User Agreement for the Service «NONFICTION» (hereinafter referred to as «Agreement») presents a public offer of the Autonomous non-for-profit organization «Documentary Film Center», acting in accordance with the legislation of the Russian Federation, INN (Individual Taxpayer Number) 7704277570, OGRN (Primary State Registration Number) 1107799023529), registered at the following address: 119021, Moscow, Zubovsky Boulevard, house 2, building 7, room 22 (hereinafter referred to as «Provider»), addressed to any private individual of full legal age, having registered with and having got access to the Service «NONFICTION» via Internet through IP-address in the territory of the Russian Federation (hereinafter referred to as «User»). In case you disagree with any of the terms and conditions of the present Agreement, we ask you to refrain from using the Service in any form. The date of the conclusion of the present Agreement is the date when you start using the Service. 1. DESCRIPTION OF THE SERVICE. SUBJECT OF THE AGREEMENT 1.1. Service «NONFICTION» (hereinafter referred to as «Service») is software, located in the global network Internet at the address http://nonfiction.film and available to Users by way of installing on various devices of the Users (personal computers and tablets, hereinafter referred to as «Devices»). 1.2. In the framework of the present Agreement the Provider gives Users the right to use licensed audiovisual works, converted into digital format (hereinafter referred to as «Video Content»), by way of providing remote access to Video Content which could be viewed via Service through the Internet. 1.3. The fact that you are using the Service in any form means complete and unconditional acceptance of the present Agreement. 1.4. The Provider has the right to amend and/or make additions to the Agreement without notifying the User. The current version of the Agreement is available at the interface of the Service and at the Internet address http://nonfiction.film . Using the Service after the Agreement is amended and/or complemented in any way means that the User agrees with these amendments and/or additions. It is the User’s responsibility to check amendments and/or additions to the Agreement. 2. INTELLECTUAL PROPERTY 2.1. All the results of intellectual activities, used and located at the Service, as well as the Service itself are the intellectual property of the Provider, or the Provider is duly authorized by the appropriate rights holders to use the appropriate results of intellectual activities. All the rights to the results of intellectual activities are protected by the legislation of the Russian Federation on intellectual property, as well as by appropriate international conventions on the rights. 2.2. Any use of the results of intellectual activities which are located at the Service (including the elements of the visual design of the Service, branding, texts, graphic, illustrations, photos, videos, and other objects) without the permission of the Provider or the legitimate rights holder of the appropriate results of intellectual activities, is illegal and can be liable to prosecution under law which may result in civil, administrative, and (or) criminal sanctions imposed on the violators in accordance with the legislation of the Russian Federation. 2.3. Any person is prohibited from copying, reproducing, changing, reworking, demonstrating, disseminating, displaying in frame, publishing, transferring, selling, or using for commercial purposes the results of intellectual activities, located at the Service, both as a whole and partially, without prior permission of the Provider or the legitimate rights holder of the appropriate result of intellectual activities, besides the situations when the Provider or the rights holder has explicitly expressed his or her permission to use the result of intellectual activities freely by any person. 2.4. The User acquires the right to use Video Content and results of intellectual activities located at the Service, 3.2. The Provider retains the right, at any time and at the Provider’s own discretion, to change or remove any information and/or Video Content, published on the Service, and also to suspend, limit, or deny the User’s access to all or any of the sections of the Service. 3.3. The Provider retains the right to put any limitations with regard to the use of the Service and to amend at any time the present Agreement on a unilateral basis, without receiving the permission of the User. 3.4. The Provider retains the right to send notifications to the User containing organizational and technical as well as advertising information. 3.5. The Provider retains the right to enforce age restrictions providing the User with access to Video Content, located at the Service, if this Video Content targets the audience of a certain age. This means that the Users who have not reached the age, indicated by the Provider, undertake to refrain from accessing and/or viewing such Video Content, and the Provider may notify the Users about this by way of placing at the Service the signs of informational products or by way of sending informational messages when the Users try to access and watch the Video Content, which targets the audience of a certain age. 3.6. The Provider retains the right to place at the website both the Video Content, which is translated into Russian (i.e., with subtitles), and the Video Content without Russian translation (in the original language). That said, the User, using the Service, expresses his or her unconditional agreement to watch the Video Content in that language version, in which it is located at the Service, and also undertakes to refrain from claims or demands addressed at the Provider in relation to availability at the Service of this or that Video Content translated and dubbed into Russian. 3.7. The Provider retains the right to classify the Video Content, located at the Website, in accordance with the Federal Law from 29 December 2010 N 436-FZ «On the protection of children from information which is damaging to their health and development». 3.7. The Provider retains the right to block the User from accessing the Video Content, in case the User breaches the terms of the present Agreement and in case the Provider considers the User’s actions fraudulent and aimed at destabilizing the work of the Service, damaging the reputation of the Service or brand, undertaking DDos-attacks, etc. The payment, made by the User in order to receive the right to use Video Content, in this case is non-refundable. 3.9. The Provider retains the right to engage any third party in fulfilling responsibilities under the present Agreement without notifying the User. 4. RIGHTS AND RESPONSIBILITIES OF THE USER 4.1. When using the Service and the granted right to use the Video Content, the User undertakes to comply with the legislation of the Russian Federation and applicable international conventions, as well as the rights and legitimate interests of the Provider and the right holders of the Video Content. 4.2. The User undertakes to refrain from performing actions, aimed at the destabilization of the Service, attempts at unsanctioned access to the Service, the results of intellectual activities and Video Content, located at it, as well as from performing any other actions, breaching the rights of the Provider and/ or the third parties. 4.3. The User does not have the right to reproduce, replicate, copy, sell, resell, and also use in any way for any commercial purpose the Service and/or Video Content without the written permission of the Provider and/or right holders of the Video Content, located at the Service. 4.4. The User has the right to stop using the Service and remove his or her Account, sending the Provider a request to remove the Account from his or her e-mail address to the address [email protected] The Provider removes the User’s Account within 2 (two) work days after receiving the request. 4.5. The User is fully responsible for any actions, performed using his or her Account, as well as any consequences, which could have been or were caused by using it. 4.6. The User, who uses the Service, confirms that he or she is of full legal age and legally competent in accordance with the legislation of the Russian Federation. 4.7. The User, who has reached the age of 17, guarantees that the access of minors to the Video Content is performed under his or her guidance following the appropriate limitations, established by the legislation of the Russian Federation. 4.7. The User undertakes to refrain from attempts to switch off or in any other way interfere in any technical means of protecting the Service or the results of intellectual activities, located at the Service. 4.90. The User, who has not reached the age of 17, undertakes to refrain from watching the sections of the Service and Video Content, targeting the audience of full legal age. 4.10. The User undertakes to use the Service as well as the results of the intellectual activities, located at the Service, for personal non-commercial purposes exclusively. 4.11. The User retains the right to access the Service and Video Content, using one Account on five Devices. 4.12. The User is fully responsible for compatibility between the User’s Device and the Service, as well as the capability of the User’s Device to play and/or download Video Content. In case if the User’s Device does not support the format of the Video Content, the Provider is not in any way responsible for reimbursing the User for the payment the User made in order to get the rights to use the Video Content. 4.13. The User undertakes to fulfill other obligations, established by the present Agreement. 5. USE OF THE SERVICE «NONFICTION» 5.1. The right to use Video Content is given to the User in return for a fee after registration (creation of an Account). 5.2. Registration of the User at the Service happens automatically after the first use of the Service on the Device by way of starting the application «NONFICTION» on the Device. Otherwise, if the model of the User’s Device does not support automatic registration, access to the Service is possible only after the User creates an account by means, indicated in the Service by the Provider. 5.3. Users, who have not registered with the Service, have limited access to the Service. Limited access gives the Users only the opportunity to familiarize themselves with the list of Video Content, located at the Service, and to watch the fragments of Video Content, the duration of which is no longer than 3 minutes. 5.4. During the registration, the User undertakes to submit complete and accurate information which might be requested by the registration forms of the Service. The Provider bears no responsibility if the Provider submits inaccurate information, which may result in negative consequences. 5.5. In order to be granted access to Video Content, the User might need to Sign in with the Service. If the User’s Device does not support automatic Signing-in, Signing-in procedure in the context of the present Agreement is understood as the activation of the Account by means of entering login and password in the special form of the interface of the Service, given to the User during the registration of the User at the Service. 5.6. Access to the Service may be granted by the Provider by means of activating the Access code by the User. The Access code is a set of symbols and signs, giving the User access to the Video Content at the Service after its activation on the Device. 5.7. In the framework of the Service the Provider grants the Users the right to use the Video Content in the following ways: 5.7.1. Renting – the opportunity to watch the Video Content on the Device for a limited period of time. The rental period is 48 (forty eight) hours since the beginning of viewing the Video Content. In order to watch Video Content, available for Renting, the User should: (i) perform activation at the Service; (ii) select Video Content in the catalogue at the Service; (iii) follow the link «Watch»; (iv) select the method of use; and (v) pay the Rental fee, specified by the Service. The User should start watching the Video Content, for using which the User has paid, within 30 (thirty) calendar days since the date of paying the Rental fee, namely to watch more than 10 (ten) seconds of selected Video Content. In case the User has not started watching the Video Content during the period above, the User should pay the Rental fee for the second time. In case the User started to watch the Video Content during 30 (thirty) calendar days after the date when the Provider received the Rental fee, but has not finished watching Video Content before the end of the Rental period, the User has to pay the Rental fee for the second time. If the User Rents composite Video Content, including several units (for instance, a season of a TV series), the Rental period is calculated in relation to every unit of Video Content. For avoidance of any doubt, the User should start viewing every unit of Video Content within 30 (thirty) calendar days since the date when the Provider receives the Rental fee. 5.7.2. Purchase – the opportunity of downloading the Video Content to the Device and watching it during the period when the Provider is given the rights to the appropriate Video Content. In order to watch the Video Content, provided for Purchase, the User has to: (i) Sign up at the Service; (ii) select the Video Content in the catalogue at the Service; (iii) follow the link «Watch»; (iv) select the method of use; and (v) pay the Purchase price specified by the Service. 5.8. At the Provider’s discretion and also in the framework of advertising events, it is possible to allow the User a Trial (Renting of 1 unit of Video Content) by means of entering the appropriate promo code. A Trial is Renting of 1 unit of Video Content, provided at the Provider’s discretion, by means of entering the appropriate promo code, during which the User is enabled to familiarize him or herself with functional and other features of the Service, including the features of software, the right of using which is an integral part of the Service. During the Trial, the User is given access to the Service with the purpose of identifying/studying its qualities, such as reliability, speed, etc. In the framework of conducting advertising campaigns and other events the Provider may use other terms for describing the Trial, such as «Promo-viewing», «Х number of viewings for free», «Х number of viewings as a gift», and etc. All the above mentioned terms have the meaning, which is analogous to the meaning of the term «Trial», indicated in the present item. The duration of the Trial is established by the Provider exclusively at the Provider’s own discretion and may vary depending on the Device, the method of sending the Access Code, and other conditions. The moment of the beginning of the Trial is when access to the appropriate Video Content is activated, which is expressed in entering by the User of the appropriate Access code and (or) performance by the User of the actions in order to begin watching the appropriate Video Content with the predetermined Access code after accepting the terms and conditions of the present Agreement. The period of the activation of the Access code is established by the Provider, but may not exceed 1 (one) year since the moment when it is given to the User. The User’s access to the Trial is possible only on the condition that the User’s bank card is linked to the User’s Account. The terms «for free» and «free», used by the Provider when the advertising events are conducted, are relative terms, are not a public offer and are applied in order to attract the attention of Users. The amount of the discount and the conditions under which it is given are determined by the Provider in special offers, located at the Service, depending on the Device. 6. PAYMENT 6.1. The cost of giving the User the rights to use the Video Content is indicated at the Service in relation to every piece of Video Content and may vary for the same Video Content depending on the User’s Device and quality of the offered Video Content. 6.2. All the payments, made by the Provider in the framework of the present Agreement, include VAT, the amount of which is determined by the legislation of the Russian Federation, if applicable. 6.3. All the payments made by the Users to the Provider do not include the cost of Internet or data traffic. Your Internet provider or your mobile network operator may charge you for the amount of your data traffic. If you are not familiar with the cost of the data traffic according to the rate plan you are using, address your Internet provider or mobile network operator. 6.4. Pressing the button «Pay», the User unconditionally agrees with the price for purchasing the rights to use Video Content on the present Device and does not object to possible differences between the said price and the price of purchasing analogous rights to using analogous Video Content on a different Device. 6.5. Payment for the rights of using the Video Content is made by reducing the amount indicated as the balance of the Personal account (the appropriate section of the User’s Account), according to the price range of the selected Video Content (collection of the Video Content). 6.6. Depending on the Device, the Provider offers the User in the Service the following methods of payment for the rights of using the Video Content: •by bank cards of international payment systems Visa International и MasterCard Worldwide; •by other methods, specified by the Service. The User can see all the effective methods of payment in the Service on the page of Video Content, available for viewing and appropriately marked. Payment methods may vary in different interfaces of the Service. 6.7. When paying for the use of Video Content, the User undertakes to use only the bank card, which belongs to the User and in relation to which the appropriate agreement was concluded between the bank and the User. In case the User intentionally uses the card of another person, the User is fully responsible for the damage, which was/might be done to the owner of the said card as a result of the User’s actions listed above. 6.8. The User is given an opportunity to enable the feature «Automatic refilling of the amount by a bank card» in the User’s account in relation to one bank card in the order, specified at the Service. When enabling the feature above, it is suggested that the User submits the following information: • Bank card number • Expiration date of the card • CVV code 6.9. In order to verify the data submitted by the User according to the item 6.7. of the Agreement, the emitting bank may block no more than 10 (ten) rubles located at the User’s appropriate bank accounts. After successful verification of the data by the emitting bank, the bank card of the User is considered linked to the Account, and the feature «Automatic refilling of the amount by a bank card» is considered added. Unblocking of the amount, blocked during the verification of the bank card, is conducted during the period established by the emitting bank and does not depend on the Provider. 6.10. The details of the bank card, entered by the User, are stored in the profile of the User in the systems of certified operators of Internet payments AO «ALFA-BANK» in accordance with the regulations of International Payment Systems and certification PCI-DSS. 6.11. During the use of the feature «Automatic refilling of the amount by a bank card» the following limitations are put on the User’s Account by default: • Single payment is limited to 12000 rubles. •Minimal amount of payment is 49 rubles. • Maximal amount of payments from one bank card (within 24 hours) is 12000 rubles. • Maximal amount of payments from one bank card (weekly) — 15000 rubles. • Maximal amount of payment from one bank card (monthly) — 17000 rubles. • Number of payments from one bank card daily — 5. • Number of payments from one bank card weekly — 15. • Number of payments from one bank card monthly — 30. • Number of payments per one user number — 10. • Numbers of bank cards, using for refilling one account (within 24 hours) — 2. • Amount of user numbers, used for refilling from one bank card (within 24 hours) — 5. • Interval between payments — 30 seconds minimum. • Number of payments per one user number weekly — 30. • Number of payments per one user number monthly — 30. Rounding is done upwards, toward the whole ruble, in accordance with the rules of mathematics. • Number of payments from one bank card a week — 15. • Number of payments from one bank card monthly — 30. • Number of payments per one user number within 24 hours — 10. • Number of bank cards, used to refill one account (within 24 hours) — 2. • Amount of user numbers, used for refilling one bank card (within 24 hours) — 5. • Interval between payments – 30 seconds minimum. • Number of payments per one user number weekly — 30. • Number of payments per one user number monthly — 30. Rounding is done upwards, toward the whole ruble, in accordance with the rules of mathematics. 6.12. The User may disable the feature «Automatic refilling of the amount by a bank card» in the settings of the User’s account in the order, specified by the Service. 6.13. In case of loss/replacement of bank card, the User undertakes to notify the Provider immediately so that the feature «Automatic refilling of the amount by a bank card» could be switched off and in order to submit the details of the User’s new bank card. The written notification about the loss of bank card sent by the User to the Provider is the ground for suspending payments in favor of the Personal account made with the bank card which had been lost. 6.14. The User undertakes not to transfer to the third parties the details of the User’s bank card and number of the Personal account. The User bears all the risks related to possible intentional use by the third parties of the bank card details and number of the User’s Personal account in case of their careless storage. 6.15. Users, paying for the right of using the Video Content with the help of bank cards, are not charged commission for payment process, unless otherwise stipulated by the operator of Internet payments in the payment form, appearing during the process of payment by the User for the right to use Video Content. 6.16. During the payment for the right to use Video Content with the help of the bank card, the bank card is automatically linked to the User’s Personal Account. The User can detach the bank card in the settings for the Personal account in the order, specified at the Service. 6.17. The Provider is not responsible to the User in case the payment is not received by the User’s Personal account because of the reasons, which do not depend on the Provider, including, but not limited to: failures in the work of software or equipment belonging to the banks, network operators, payment systems, and other payment facilitators, responsible for receiving payments from Users and transferring them to the Provider. 6.18. The User admits and agrees that the Provider is not obliged to give the User the right to use Video Content before the moment when the payment for the appropriate method of using the rights reaches the Provider’s account. 6.19. The parties have agreed that, when the rights to use Video Content under the present Agreement are given, tax invoices are not being issued, according to sub-item 1 of item 3 of article 169 of the Tax Code of the Russian Federation. 6.20. If the registered User paid for the right to use Video Content, but the right was not given to the User due to the Provider’s fault within 30 (thirty) calendar days from the moment of payment which was caused by serious technical failures at the Service, the Provider, on the basis of the User’s written notification sent to the Provider’s address specified at the Service, returns the payment to the User. In order to be paid back, the User should submit the documents, confirming the fact of payment, before the end of the period of using the right to use Video Content which the User paid for. 6.21. The balance, indicated at the Personal account of the User, is determined on the basis of the data at the Provider’s service. 6.22. The unused balance or wrongly made payments for the right to use Video Content are returned to the User’s Personal account on the basis of the original of the User’s written notification with the Registration details (login and password), the copy of User's passport and details of the User's bank account, provided that the User proves to the Provider that he or she is the owner of the present Personal account of the User. 6.23. The Provider has the right to deny the User the right to use Video Content (or, at the choice of the Provider, to suspend temporarily operations for the appropriate bank card) in the following cases: • if the Provider does not adhere to the procedure of acquiring the right to use Video Content; • in case the User does not accept the terms and conditions of the present Agreement; • in case the Provider does not receive confirmation from the bank that the bank has successfully verified the details of the User’s bank card; • in case the payment facilitator and/or the bank that emitted the bank card refuse to conduct payment operation; • in case the User indicates invalid (inaccurate) personal details, card details; • in case there are substantiated written claims of the card’s owner (provided that supporting documents are submitted) about the fact of unauthorized use of the bank card of the card’s owner in order to pay for the right to use Video Content. 6.24. The User is informed about and agrees with the fact that, when the payment for the access to the Service is made by way of purchasing Access code, the period of activation of the Code is limited to 1 (one) year since the date of purchase. When the period above ends, Access code is annulled by the Provider and can not be restored and/or replaced. The payment, made by the User for the Access code, is not returned after the end of activation period. 6.25. Paying for the right to use Video Content, the User confirms that he or she fully understands and accepts the terms and conditions of the present Agreement. 6.26. Upon the User’s request, the Provider sends a sales check about the payment for the access to the Service to the subscriber’s number or e-mal address of the User. It is the User’s responsibility to provide accurate details of the subscriber’s number or e-mail address; the Provider bears no responsibility for the User’s mistakes. 6.27. All the payments, made by the Users for the right to use Video Content, are accepted by payment agents who have concluded appropriate agreements with the Provider. 7. TECHNICAL REQUIREMENTS FOR THE DEVICES 7.1. In order to receive access to the Service, the User needs a device with operating system and software applications in order to interact with the global network Internet. 7.2. The Service is suitable for interacting only with official, licensed, and not modified software. 7.3. The device should meet the following requirements: a) The Device should be connected to the global network Internet at the speed of at least 2 Mb a second; b) Firmware version on the Devices, functioning on the basis of iOS operation system, should be at least 6; c) Firmware version of the Devices, functioning on the basis of Android operation system, should be at least 2.3; c) For TV sets with Smart TV function the latest version of software (firmware version) should be established, indicated at the official website of the manufacturer of the appropriate TV set; d) The current date, time, and time zone should be established on the Device in accordance with the current place of residence of the User. It is recommended to set automatic synchronization of time in accordance with the manual provided by the manufacturer of the Device. 7.4. The User agrees that the speed of the access to the Service and/or of watching the Video Content in the global network Internet may vary because the User’s channel might be overflowed with traffic from other resources or because of other reasons, which do not depend on the Provider. The Provider does not bear responsibility if at a certain time, in a certain place the User was unable to get access to the Service and/or to the watching of Video Content because of the low speed of access. 7.5. Right holders of Video Content use the technology Microsoft PlayReadyTM in order to protect their intellectual property, including Video Content, protected by copyright. The Service uses the technology PlayReady in order to protect certain Video Content. If technology PlayReady does not protect Video Content, right holders of Video Content might demand that the Provider limits or prevents access to protected Video Content from certain Devices. In certain cases the User might need to update PlayReady technology in order to get access to Video Content. If the User rejects certain updates, he or she may not be able to get access to protected Video Content. 8. PROTECTION OF PERSONAL INFORMATION OF USERS. 8.1. When using the Service, the Provider, performing the function of the operator in accordance with the Federal Law №152-FZ «On personal data», may ask the User to submit the following personal data: name (without family name and patronymic), e-mail address, year of birth, gender, mobile phone number, details of login and password in order to access the Service, information about rights to use Video Content which were given to the User earlier. The information, which the User is obliged to submit, is marked by the Provider with special marks, the rest of the information is submitted only at the discretion of the User. Upon the request of the Provider, the User has the right to submit additional personal information for the identity authentication of the User in accordance with the requirements of the legislation of the Russian Federation. 8.2. In the process of using the Service by the User, the Provider automatically receives the following personal information: IP-address of the User’s Device, information from the Cookies, information about the place where the User’s Device is located, information about the User’s Internet browser (or other application, with the help of which the access to the Service is realized), the time of access to the Service, as well as technical information about the User’s Device, with the help of which the access to the Service is provided. 8.3. The User is informed that the Provider does not receive financial information about the Users. All the financial information, submitted by the User in order to make payments during the use of the Service, is collected and processed by payments facilitators specified by the Service. 8.4. The Provider does not ask the Users for their family name and patronymic, as well as for the copies of documents, proving their identity. This information is submitted only at the discretion of the User. 8.5. The Provider uses personal information of the Users for the following purposes: • identification of the User in the framework of the present Agreement; • in order to process requests of the Users by the support desk of the Service organized by the Provider; • in order to analyze and explore the preferences of the User so that the Service could be improved; • in order to send the news and advertising information about the Service; • in order to send notifications (for example, so that the password for accessing the User’s account could be restored); • in order to prevent or discover fraud and unlawful use of the Service; • in order to conduct statistic and marketing studies on the basis of anonymized data. 8.6. The terms and conditions of processing and protecting personal information: 8.6.1. The Provider uses the personal information of the Users only for the purposes, indicated in item 8.5 of the present Agreement. 8.6.2. The Provider undertakes to guarantee confidentiality in relation to personal information, provided by the User. 8.6.3. The Provider will not share with the third parties the personal information received from the Users, unless this is requested by the state and law enforcement bodies in the cases, envisaged by the law of the Russian Federation. 8.6.4. The Provider will undertake all the necessary technical measures for the protection of personal information of the Users from the unlawful or accidental access, deletion, changing, blocking, copying, and dissemination. 8.7. The User may at any time change (update, complement) personal information which the User has provided in his or her Personal account. 8.7. The User may also remove the personal information, which he or she submitted, using the feature “Remove the Account” in the Account of the User at the Service. 8.9. The Provider stores personal information of the Users using the technology «Cookies». The data, collected by the Provider by way of Cookies, may not be used for identifying the Users. The Provider may use Cookies for the purposes of controlling the use of the Service, collecting information about the Users of non-personal nature, preserving the preferences, and other information on the Device of the User in order to save the time of the Users which is necessary for entering the same information into the forms of the Service multiple times, as well as for the purposes of reflecting the content in the course of future visits of the User to the Service. 8.10. In accordance with the Federal Law №152-FZ «On personal data», the Provider undertakes to ensure recording, systematizing, accumulation, storage, specifying (updating, changing), retrieving personal data of the Users with the use of databases, located in the territory of the Russian Federation. 8.11. The Provider guarantees confidentiality of personal information of the Users. Disclosure by the Provider of information about the User upon the request of an authorized state body in accordance with the legislation of the Russian Federation, is not considered a breach of this Agreement. 8.12. Accepting the terms and conditions of the present Agreement, the User agrees that, when the User indicates in the Account his or her phone number of e-mail address, the Provider will have the right to send the User information by way of short text messages or e-mail messages about the Service, including the information of advertising nature. 8.13. The User has to revoke at any time his or her agreement to receive advertising sms-messages or e-mail messages about the Service by way of notifying the Provider by one of the following methods: - a written notification to the address: 119021, Moscow, Zubovsky Boulevard, house 2, building 7, room 22; - sending an e-mail message to the e-mail address [email protected] . 9. RESPONSIBILITY 9.1. The user accepts all the risks related to the use of the Service. The Service is provided «as is», and the Provider does not give any guarantees in relation to the use of the Service. The Provider is not responsible for the fact whether the Service meets the Users’ requirements or not, neither is the Provider responsible for infallible and smooth work of the Service. 9.2. The User fully understands that the Service may have errors or defects, and agrees that the existence of insignificant errors does not breach the present Agreement and is not the reason to make the Provider liable. 9.3. The Provider does not bear responsibility for any technical failures or other problems of telephone networks, computer systems, servers and providers, telephone equipment, software and faults of e-mail services, as well as for the damages, which the Users incurred because of the faults mentioned above. 9.4. The User is responsible for login and password security as well as for the damages which the User might incur because of unauthorized use of the login and password. The Provider is not responsible in case of unauthorized use of the User’s login and password by the third parties. All the actions, performed using the User’s login and password, are regarded as the User’s actions. 9.5. The Provider is not responsible for any damage to the User’s devices or the software which happened in the result of using the Service. 9.6. Under no circumstances will the Provider be held accountable before the User or any third parties for any damage, including loss of profit or lost data, damage to honor, dignity, or business reputation, which happened as a result of using the Service or the results of intellectual activities, located at the Service. In any case, the Parties agree that the amount of reimbursement for damages which will be paid to the User as a result of any damages, related to the use of the Service, is limited to 1 000 (one thousand) rubles. 9.7. In case the claims of the third parties are addressed to the Provider in relation to the use of the Service by the User, the User undertakes to settle these claims by the User’s own efforts, without engaging the Provider in these proceedings. 9.7. The Provider is not responsible for any damages, incurred by the User’s Device because of the virus, DDos-attack, or other technologically harmful materials, which might infect the User’s Device, software, data or other material, as a result of using the Service by the User. 10. FINAL CLAUSES 10.1. The present Agreement shall come into effect since the moment of its acceptance by the User and shall be effective for an indefinite term. 10.2. The User may terminate the present Agreement by removing the User’s Account. The Provider may terminate the present Agreement by sending an appropriate notification to the User. 10.3. After terminating the present Agreement, the User loses all rights to use the Service and the Video Content located at the Service. 10.4. The present Agreement and relations between the Provider and the User are regulated in accordance with the legislation of the Russian Federation. 10.5. If for certain reasons some of the terms and conditions of the present Agreement are deemed invalid or not having legal effect, this does not have an impact on the effectiveness or applicability of the rest of the terms of the Agreement. 10.6. The Parties have agreed that all the arguments resulting from the relations between the Parties will be resolved in court at the place of residence of the Provider with the mandatory mediation procedures. 10.7. In accordance with the sub-item 6 of item 1 of the article 10.5 of the Federal Law «On information, information technologies, and protection of information», the Provider has established the following e-mail address for receiving legally significant messages from the Federal Service for Supervision of Communications, Information Technology, and Mass Media: [email protected] . The address above is not suitable for receiving the messages from the Users. The Users should send the messages to the Provider only to the e-mail address indicated in the item 4.4. of the Agreement. 09 April 2018