1. SUBJECT AND GENERAL PROVISIONS OF THE AGREEMENT
1.1. The subject of this User Agreement (hereinafter referred to as the Agreement) is the relationship between MEDIA SOURCE Limited Liability Company, a legal entity registered and operating under the legislation of Ukraine, which is the administrator (hereinafter referred to as the Administrator) of the website https://radugatv.com (hereinafter referred to as the Website), and you (hereinafter referred to as the User), regarding the use of RADUGA TV Online Cinema (hereinafter referred to as Online Cinema), in particular regarding the Content accessed through the Online Cinema, as well as other services provided through the Online Cinema.
1.1. The User is any individual who uses the Online Cinema on a paid and/or free basis, regardless of the fact of registration in the Online Cinema.
1.2. Online Cinema provides the Users with an access to viewing and/or listening to the Content, as well as the opportunity to use other services of the Online Cinema in real time using RADUGA TV Website and/or software applications available on devices connected to the Internet (hereinafter referred to as the Devices). RADUGA TV software applications are an integral part of the Online Cinema and everywhere in the text where the Online Cinema is mentioned, RADUGA TV software applications and/or the Website should be implied.
1.3. The Content is audiovisual, musical works, phonograms, videograms, TV channels, graphics, text and other materials, accessed by Users through the Online Cinema.
1.4. This Agreement is a public offer. When the User performs the actions specified in this Agreement, including, but not limited to: use by the User of the Online Cinema, any of its services, viewing and/or listening to the Content, sending registration forms, providing information, following the relevant hyperlinks, affixing appropriate marks during registration in the Online Cinema, as well as other actions specified herein, it shall mean User’s full and unconditional consent with all the clauses of this Agreement together with all amendments and additions hereto, and unconditional acceptance of its terms, and shall indicate the conclusion of a bilateral agreement between the Administrator and the User. In case of User’s disagreement with any of the terms of this Agreement, the User is obliged to refuse from further use of the Online Cinema.
2. RIGHTS, OBLIGATIONS AND WARRANTIES OF THE USER
2.1. Using by the User of the Online Cinema and any of its services, viewing and/or listening to the Content, as well as the User’s registration in the Online Cinema (creation of the account) shall be full and unconditional acceptance of this Agreement and shall mean unconditional consent of the User to all the clauses of this Agreement together with all it’s the amendments and additions hereto, and unconditional acceptance of its terms. In case of User’s disagreement with any of the terms of this Agreement, the User is obliged to refuse from further use of the Online Cinema.
2.2. The User undertakes to use the Online Cinema only for personal non-commercial purposes, to comply with the terms of this Agreement, not to violate the rights and legitimate interests of the Administrator and/or rights holders of the Content.
The User undertakes to read the terms of this Agreement and independently monitor the amendments thereto – to get acquainted with the content of this Agreement regularly (at least once every fourteen days). Continued use by the User of the Online Cinema after any amendments and/or additions to the Agreement came in force shall imply the unconditional consent of the User to such amendments and/or additions. The User’s ignorance of the current terms of the Agreement does not release the User from the obligations provided for in the Agreement, as well as does not release them from liability for non-performance and/or improper performance of the Agreement.
2.3. The User hereby confirms that he/she has reached the age of 18 or other age set as the minimum age allowed in Ukraine, the USA or Canada to view the relevant Content and/or to be able to pay for viewing the Content in cases provided by the Administrator. An individual who has not reached the required age undertakes to refrain from accessing and viewing such Content without the consent of parents, adoptive parents, guardians, trustees or other legal representatives in accordance with the applicable laws of the country, which the Content is accessed from. Otherwise, the responsibility for violating this clause of the Agreement by a person who has not reached the required age rests with parents, adoptive parents, guardians, trustees or other legal representatives in accordance with applicable law of the country, which the Content is accessed from. Administrator is not responsible for the legality of viewing/listening of/to the Content by the User/individual.
2.4. The User guarantees that when using the Online Cinema he/she does not and will not perform any actions aimed at circumventing the technical means of protection against unauthorized use of the Online Cinema, viewing/listening, copying of the Content, in particular, circumventing the system of territorial restriction of access according to IP addresses, as well as any other actions aimed at changing the functional characteristics and destabilizing the work of the Online Cinema. The User also undertakes to refrain from unauthorized blocking of advertising information in the Online Cinema.
2.5. The User registered in the Online Cinema has the right to post in the interface of the Online Cinema comments on the Online Cinema, Content and other services provided to the User.
2.6. The User may not place advertising information in his/her comments without the prior written consent of the Administrator or use the Online Cinema to advertise or otherwise promote any goods and/or services in any other way not agreed with the Administrator.
2.7. The User undertakes to refrain in his/her comments from posting information in text or any other form that degrades the honor and dignity, violates the rights and freedoms of other Users and/or third parties, incites interreligious, interracial, interethnic hatred, contains obscene language, from posting knowingly false information and information that degrades the honor and dignity and infringes intellectual property rights of third parties or in any other way violates the terms of this Agreement or legislation in force applicable to this Agreement and/or at the location of the User.
2.8. The User is fully responsible for his/her actions related to the comments posted and undertakes to resolve disputes and claims of third parties in this regard independently and at his/her own expense. If the Administrator is held liable for the comment or other information posted by the User, the Administrator has the right to take measures to establish the location and search for the User to bring such User as a co-defendant and/or to receive the compensation for damages.
2.9. The User hereby agrees to receive information, including advertising materials, push-messages from the Administrator through any allowed by the legislation applicable to the Agreement means, in particular, through the interface of the Online Cinema at any time, as well as to the e-mail address, User’s phone number or otherwise. The User has the right to refuse to receive such information in the following way: independently disconnecting from the distribution list in the parameters of the e-mail through following the special link specified in the mail; sending an e-mail to the Administrator to the e-mail address of the Administrator: [email protected]; disabling push messages in the mobile device settings; blocking the receipt of messages in messenger applications.
2.10. The User hereby grants his/her consent to the Administrator to use the telephone number(s) of the User, which the latter used to communicate with the Administrator and/or make payments in the Online Cinema, for calls, sending information messages and in any other manner not prohibited by the legislation applicable to this Agreement. The User may refuse from the continued using of his/her number to communicate with him/her – in this case the User shall call and notify our Administrator Support Service at the telephone numbers listed in clause 10.9 hereof.
3. RIGHTS, OBLIGATIONS AND WARRANTIES OF THE ADMINISTRATOR
3.1. Administrator undertakes to grant the User the access to the Online Cinema in the manner and under conditions provided for in this Agreement.
3.2. Administrator has the right – at their discretion and without special notice to the User – to restrict the User’s access to the Online Cinema, certain units of the Content, including through the system of territorial restriction of access to Content by IP-addresses of Users, to change the list and other characteristics of the Content and other information located in the Online Cinema, as well as the functional parameters of the Online Cinema. By consenting to this clause, the User exempts the Administrator from any kind of liability and obligation of compensation for the exercise by the Administrator of the rights under this clause.
3.3. Administrator has the right to take any actions that do not contradict the current legislation applicable to this Agreement, in order to prevent unauthorized access to the Online Cinema, the Content posted therein, prevent any attempts to destabilize the Online Cinema and other actions that violate the rights and lawful interests of the Administrator and/or rights holders of the Content.
3.4. Administrator grants the User an access to the Content for legal non-commercial individual use in the ways specified herein. Transfer of access to third parties, including for group viewing and/or other distribution (including, but not limited to, sale or other alienation by the User of his/her account in the Online Cinema, resale by the User of promo codes for access to the Content), is a gross violation of the User Agreement.
3.6. The User who provides access to his/her Profile to third parties, bears the risk of possible claims from third parties to whom the Unscrupulous User has illegally provided access to his/her Profile and undertakes to settle all possible claims from such third parties independently and at his/her own expense, not involving the Administrator.
3.7. The User is hereby informed that in case of revealing the facts of violation of the User Agreement and of the procedure for using the Online Cinema, the Administrator is entitles to use all the means necessary to protect the violated rights, including, but not limited to: apply to law enforcement and judicial authorities to bring the User to civil, administrative, criminal liability for the offense.
3.8. Administrator has the right – at its own discretion, regardless of notifying the User’s and with no explanation – to change or delete any information materials, comments, etc. posted by the User. In this case, the Administrator is not responsible for any damages that may be caused to the User by such actions.
3.9. Administrator has the right to provide loyalty programs, promotions and incentive offers for the Users of the Online Cinema; more details can be found in the interface of the Online Cinema and/or in the User’s account.
3.10. Incentive offers within the loyalty program can proceed from both the Administrator and from third parties, and in latter case responsibility for the quality, capabilities and availability of incentive offers is borne exclusively by such third parties.
3.11. Administrator reserves the right to amend and/or supplement the Agreement, terms of loyalty programs, availability of gifts, requirements for access to the Content, etc. at their discretion at any time and with no notice to the User.
3.11. Administrator has the right – at any time, at their discretion and without special notice to the User – to restrict the User’s access to the subscription, access to which the User received by participating in the promotion organized or partnered by the Administrator.
3.12. Administrator reserves the right to set discounts for the paid access to the Content. In this case, the validity and amount of discounts and the list of Content, which the discounts apply to, may be amended by the Administrator at any time at their sole discretion without any notice to the User.
3.13. Administrator has the right – at their sole discretion – to impose any restrictions on the use of the Online Cinema, as well as to make changes to this Agreement unilaterally, at any time and with no consent of the User.
3.14. Administrator has the right to impose age restrictions for Users’ access to the Content. Users who have not reached the age specified by the Administrator are obliged to refrain from accessing such Content. Administrator may notify the Users of age restrictions by placing informational marks on the Content pages and/or through informational messages displayed to the User before viewing the relevant Content unit.
3.15. Administrator does not pre-moderate comments posted by Users in the Online Cinema. Administrator shall take measures aimed at protecting rights and legitimate interests only after the interested person applies to the Administrator in accordance with the procedure established in this Agreement. Administrator hereby reserves the right to restrict or remove the comment function from the Online Cinema without any notice to Users.
4. RESPONSIBILITY OF THE PARTIES. LIMITATION OF LIABILITY
4.1. In case of non-performance and/or improper performance of the terms of this Agreement, the violating Party shall be liable in accordance with the current legislation applicable to the Agreement. The guilty Party shall be obliged to indemnify the other Party for all the documented damages caused by such non-performance and/or improper performance of their obligations hereunder.
Administrator has the right – at any time and at their sole discretion – to suspend, restrict or terminate the User’s access to the Online Cinema or its services, in particular, but not limited to, if the User violates the terms of this Agreement, current legislation applicable to this Agreement, as well as if the Administrator has grounds to consider the User’s actions unfair, aimed at harming the functioning of the Online Cinema and/or that may lead to violation of the rights, legitimate interests of the Administrator and/or rights holders of the Content, damage their business reputation, etc. If the access to the Online Cinema was suspended/ restricted/ terminated due to the fault of the User, including as a result of the above actions, the funds paid by the User for the access to the paid Content shall not be refunded. Administrator shall not be liable for any damages that may be caused to the User by such actions.
4.2. The User is solely responsible for his/her actions related to the use of the Online Cinema, posting comments and other information in the interface of the Online Cinema.
4.3. The User understands and agrees that:
4.3.1. Access to the Online Cinema, in particular to the Content and other services, is provided “as is”, and the Administrator does not guarantee that they will meet the expectations of the User.
4.3.2. Administrator is not responsible to the User for the content of the Content or other information posted on the Online Cinema by the Administrator, other Users or third parties. The sole responsibility for the content of the Content lies with its copyright holders.
4.3.1. Administrator is responsible neither for the content, accuracy and precision of advertising information placed in the Online Cinema, nor for the quality of the advertised goods/services.
4.3.2. Administrator is not responsible for any technical malfunctions, delays in data processing or transmission, delays in receipt of payments for paid access to the Content, unauthorized access of third parties to the Content, saving the User’s login and password. Administrator does not guarantee the error-free and uninterrupted operation of the Online Cinema and by default is not liable for damage caused to the User due to a technical failure of hardware or software on either side.
4.3.3. Administrator shall not be liable to the User or any third parties for any direct, indirect, unintentional damage, including lost profits, damage to honor, dignity or business reputation, arising in connection with the use of the Online Cinema, including viewing Content or using other services provided through the Online Cinema. In any case, when the User pays for paid access to the Content, the Parties accept and agree that the amount of possible compensation by the Administrator for losses of the Users related to the use of the Online Cinema or this Agreement is limited to such payment made by the User for the relevant service.
4.3.4. In case of submitting by the User or a third party from the User’s account any claims, lawsuits or any other demands to the Administrator and/or a third party in relation to use of the Online Cinema, the User is obliged to settle the above claims/lawsuits independently, at his/her own expense, and to reimburse all the costs and losses incurred by the Administrator in full.
4.3.5. Administrator is responsible neither for the availability and content of third-party websites on the Internet, which are accessed through hyperlinks posted in the interface of the Online Cinema, nor for the consequences associated with the use of such websites.
4.3.6. The Content is posted in the Online Cinema in the original language or in another language, with dubbing/translation/subtitles or without them at the choice of the Administrator. The User accepts it and gives his/her unconditional consent to viewing and/or listening to the Content in the language version available in the Online Cinema, and undertakes to refrain from claims to the Administrator regarding the language of the Content.
4.3.7. Access to viewing of TV channels is performed through retransmission, so the Administrator shall not be responsible for the quality of broadcasting, technical failures, obstacles in viewing the TV channel and other factors that impair the quality of broadcasting.
4.3.8. Administrator is not responsible for changes in TV channels line-up and/or their unavailability for any reason.
4.3.9. The User is hereby informed that access to certain TV channels may be restricted in time in accordance with the current legislation of the User’s country of residence or the legislation applicable to the Agreement.
5. REGISTRATION OF THE USER
5.1. To pay for one-time access, subscription access, access to TV channels, other paid access, rating of Content units, posting comments, participation in loyalty programs, the User must register in the Online Cinema, creating his/her account.
5.2. Registration is performed by the User entering his/her name and surname, e-mail address (login), telephone number.
5.3. The User is responsible and takes measures to ensure the security of his/her account in the Online Cinema, including control over the e-mail address and/or telephone number (login) specified in the account, saving the User’s login and password. The User is fully responsible for all actions taken through the User’s account, as well as for any consequences caused by such actions. The User undertakes to immediately notify the Administrator of any cases of unauthorized use of the User’s account by third parties.
5.4. The User undertakes not to sell, otherwise alienate or transfer for use, etc., the account in the Online Cinema and/or data that allows accessing it without the prior written consent of the Administrator.
5.5. The User is aware that the list of Content available for viewing differs from country to country and when paying for paid access to viewing Content in one host country, the Administrator does not guarantee the availability of the rest of Content if the User uses his/her account from another host country.
6. GRANTING ACCESS TO THE CONTENT
6.1. Administrator provides the User with access to the Content under the following conditions:
6.1.1. Single-time access to the Content means granting by the Administrator to the User of the opportunity to access the unit of Content selected by such User during the selected period of time, for a single-time fee. Validity of this access starts from the moment of payment by the User and reflection of the fact of payment in the electronic accounting system of the Administrator or after the term specified in the access conditions.
6.1.2. Subscription Access * means that the Administrator provides the User with an access to the list of Content units specified by the Administrator, during the term of the Subscription Access and in accordance with the rules, restrictions and technical requirements specified in this Agreement. At the same time, the Administrator has the right to provide several types of Subscription Access within the Online Cinema. Subscription Access starts from the moment of payment by the User and reflection of the fact of payment in the electronic accounting system of the Administrator.
6.1.3. Access to TV channels means that the Administrator grants the User an access to TV channels. Access to TV channels starts from the moment of payment by the User and reflection of the fact of payment in the electronic accounting system of the Administrator.
6.2. Paid access to the Content is provided to the User in the manner and under conditions described below:
6.2.1. Paid access to the Content may be granted to the User subject to payment of a corresponding fee by such User, unless otherwise provided by loyalty programs, promotional conditions, etc. Administrator has the right to demand from the User to register in the Online Cinema to pay for an access to the Content.
6.2.2. Paid access to the Content may have different costs and may provide access to different types of paid Content, which may be offered to the User at the discretion of the Administrator, both at once and one by one. The cost of paid access to the Content, methods and other payment terms are specified in the relevant sections of the interface of the Online Cinema.
6.2.3. Administrator may set restrictions on access to the paid Content simultaneously from several Devices, as well as set the allowable time of retransmission of TV channels.
6.2.4. If the Access to the User’s selected and paid Content is unavailable due to the Administrator’s fault for more than one day, but less than 30 (thirty) calendar days from the date of payment for the Content, the Administrator extends the User’s access to such Content for the relevant period (if available) or returns the amount paid to the User. The User shall make a request to the e-mail address of the Administrator specified in clause 10.9. of this Agreement.
6.2.5. The cost of paid access to the Content and the list of Content available to the User through such access may be changed by the Administrator at any time at their own discretion with no notice to the User.
6.3. By paying for paid access to the Content, the User is notified and agrees that:
6.3.1. The User and the Administrator under the terms of this Agreement confirm and agree that the Services for the provision of paid access to the Content are considered provided at the time of payment by the User.
6.3.2. The Service is considered provided by the Administrator properly and in full, regardless of the fact whether the User actually accesses the Online Cinema, except for the cases provided for in paragraph 6.2.4. hereof. This condition applies to cases of payment for the paid access to the Content together with the services/products of third parties.
6.3.3. After expiration of the paid access to the Content, such Content becomes inaccessible to the User.
6.3.4. Paid access may be given for 1 month (equal to 30 (thirty) calendar days) and 12 months (equal to 360 (three hundred and sixty) calendar days).
6.3.5. In case of a change in the cost of paid access (except for single-time access), Administrator shall notify the User who has paid for such access by displaying the information on the corresponding change in the interface of the Online Cinema.
6.4. Regarding the Subscription Access, Administrator has the right to recalculate the period of the User’s access to certain subscriptions based on the commercial cost of such subscriptions. Recalculation is performed as follows: if the User has an active subscription to be recalculated conditionally named “A” and purchases another subscription to be recalculated conditionally named “B”, then the cost and term of the purchased subscription “A” is transferred to the subscription “B”. Based on the cost of subscription “A”, the cost of one day of subscription is calculated. The balance of subscription “A” days is multiplied by the cost of one day of subscription (based on the regular cost of one month of subscription), which is equal to the balance of funds on subscription “A”. Then the cost of one day of subscription “B” is calculated. The balance of subscription “A” is divided by the cost of one day of subscription “B” – the result is the number of days that are added to the period of the subscription “B”.
6.5. The User understands and agrees with the need to pay additional fees to third parties who ensure payments for Single-time access or other paid access to the Content. The fee for each method of payment for access to the Content is indicated in the interface of the Online Cinema and/or in the interface of the payment system through which the payment is made, and may vary depending on the method of payment.
6.6. The monetary unit of accounting for the Services provided/consumed is the monetary unit of the country, which the User pays from.
6.7. Administrator makes settlements with the User independently or involving third parties (Partners/Commissioners/Agents), etc.
7. TECHNICAL REQUIREMENTS
7.1. Access to the Online Cinema is provided taking into account technical requirements set forth in this Agreement and in the interface of the Online Cinema.
7.2. Administrator shall install technical means to protect the Content from unauthorized access and/or other actions prohibited by this Agreement or current legislation applicable to the Agreement.
7.3. The quality of the Content depends on the speed of the Internet and other criteria, in particular the model of the Device used, which the Administrator informs the User about.
7.4. All issues related to the acquisition of Internet access, purchase and installation of the relevant Devices and software applications shall be resolved by the User independently. Such issues are not covered by this Agreement, and the Administrator is not responsible for these actions of the User or third parties.
7.5. Administrator is not liable for any damage to the equipment or software of the User or third person caused or related to the use of the Online Cinema.
8. PROTECTION OF PERSONAL DATA
8.1. The User undertakes and guarantees to provide accurate and reliable personal data and to keep it up to date. The User is aware and agrees that the provision of inaccurate information to the Administrator may lead, among other things, to failure to receive relevant information, messages and warnings from the Administrator, termination of this Agreement.
8.2. Administrator has the right to store and process any information recorded by the User in the Online Cinema or provided to the Administrator in any other way (including IP and MAC addresses of the User, location of the User, operating system version and settings of the Device through which the User accesses the Online cinema, etc.).
8.3. Administrator takes the necessary and sufficient organizational and technical measures to protect the User’s personal data from unauthorized access, destruction, alteration, blocking, copying, distribution, as well as other illegal actions of third parties.
8.4. Administrator undertakes not to disclose information about the User to third parties without the consent of the User, except for the disclosure of information at the request of the court and/or law enforcement bodies within the current legislation of the respective country.
8.5. The User agrees to the processing – including cross-border transfer of data – by the Administrator or third parties on behalf of the Administrator of the personal data provided by the User, including name, surname, nickname, date of birth, e-mail address and login, gender, age, etc, for the following purposes:
8.5.1. identification of the User within the Online Cinema;
8.5.2. providing the possibility to use the Online Cinema, providing the User with an access services to the Content, as well as providing information services to the User;
8.5.3. communication with the User, including sending messages, inquiries and information related to the use of the Online Cinema, as well as processing inquiries and requests from the User;
8.5.4. improving the quality of work of the Online Cinema and convenience of its use;
8.5.5. targeting of advertising materials.
8.6. The User is informed and agrees that during the cross-border transfer of his/her personal data, the recipients of such data may be placed in foreign countries that do not provide adequate protection of personal data. Administrator, when doing so, undertakes to take all appropriate measures to ensure the confidentiality and security of any Personal Data transmitted to the territory of any foreign state.
8.7. Processing of personal data is any action (operation) or set of actions (operations) carried out with or without automation means towards personal data, including collection, recording, systematization, accumulation, storage, refinement (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion and destruction.
8.8. The User’s consent to the processing of his/her personal data and the term of use of the personal data is valid during the period of use of the Online Cinema and 5 (five) years after the last access by the User to the Online Cinema, unless the longer term is provided for by the current legislation applicable to the Agreement.
8.9. If the User deems it necessary to withdraw his/her consent to the processing of his/her personal data, the User must send a corresponding message to the e-mail address: [email protected] In this case, the Administrator deletes the personal data of the User. The right provided for in this paragraph may be limited in accordance with the requirements of the current legislation. In particular, such restrictions may provide for the obligation of the Online Cinema to keep the information deleted by the User for a period established by the current legislation and to transfer such information – in accordance with the legally established procedure – to a public authority.
8.11.1. storing the data of the User, which he/she indicated during previous visits to the Online Cinema (country, language, etc.), memorizing the answers to the questions addressed to the Users of the Online Cinema (for example, gender, age, etc.);
8.11.2. obtaining detailed technical information about the actions of the User actions in the Online Cinema, for example, information about the last visited page, the number of pages visited and the time spent there, selected fragments of the Online Cinema, interval between mouse clicks. This allows the Administrator to identify the most popular sections of the Online Cinema and improve the quality of Services provided;
8.11.3. obtaining information about the advertising and information materials viewed by the User.
8.12. The User can change the cookies setting in the settings of his/her browser.
8.13. When the User uses Raduga TV software applications, Administrator may receive information about the device, including its model, operating system, screen resolution and device ID.
9. INTELLECTUAL PROPERTY
9.1. All intellectual property rights for the use of the Online Cinema belong to the Company, and for the Content posted in the Online Cinema – to its legal rights holders. Online Cinema and Content as objects of intellectual property are subject to legal protection in accordance with current legislation of Ukraine and international law.
9.2. Unless otherwise expressly provided in the Agreement or specified by the Administrator, the User does not receive intellectual property rights to the Content, in particular has no right to reproduce units of Content, sale, in any other way alienate, display publicly, announce publicly, disclose, etc. For infringement of the intellectual property rights of the Administrator, Content rights holders or third parties, the User shall be liable in accordance with current legislation of Ukraine and international law.
9.3. Any actions aimed at circumventing the technical means of protection in accordance with this Agreement – in order to gain access to such Content – is a copyright infringement, and for such actions the User shall be legally and in any other way liable under current legislation of Ukraine.
9.4. If the Content or other information provided in the Online Cinema will be displayed publicly, for example, in entertainment or leisure venues, the organizers of such public event shall be independently liable and settle the claims of the copyright holders and/or any third parties.
9.5. Administrator reserves the right to remove any Content contained in the Online Cinema from the Online Cinema at any time with no notice to the User.
10. ADDITIONAL CONDITIONS
10.1. This Agreement is placed in the Online Cinema and can be accessed by the Used for no charge.
10.2. This Agreement is regulated by the current legislation of Ukraine. Issues not covered by the Agreement shall be resolved in accordance with the legislation of Ukraine.
10.3. This Agreement is concluded for an indefinite period of time and covers all the actions of the Users from the moment of using the Online Cinema.
10.4. All disputes, disagreements and claims under this Agreement shall be settled through negotiations. In case of failure to reach an agreement between the Parties through negotiations, the dispute shall be settled in court at the location of the Administrator in accordance with the current legislation applicable to the Agreement.
10.5. Invalidity (nullity) or non-compliance with current legislation of any of the terms of this Agreement shall not affect the validity of other terms. If any of the terms of the Agreement is declared invalid (void), Administrator undertakes to immediately replace it with another term that will best correspond to the content of the replaced one, but be valid.
10.6. The headings in the Agreement are provided for convenience only and do not affect the interpretation of the content of the articles of the Agreement.
10.7. All the capitalized terms in the text of this Agreement shall have the meanings given to them herein and their meanings shall apply to all word forms, both singular and plural. Other terms used in this Agreement and not defined herein shall have the meanings defined in the current legislation applicable to this Agreement. The words “including” and “in particular” also mean “but not limited to”.
10.8. Any obligation of a Party not to take any action includes an obligation not to allow such action.
10.9. In case of any questions, messages, suggestions, complaints about the Online Cinema, the User may contact the Administrator by sending a letter to the legal address of the Administrator: 14D Koltsova Boulevard, office 610, Kyiv 03194, Ukraine, or to an e-mail address: [email protected] by phone: +380631633922.
10.10. If User submits – in particular, when the User is the owner of the infringed copyright – a complaint about the Content posted on the Online Cinema, the User is obliged to provide documents confirming the grounds for the complaint, clear argumentation and contact details.