Moscow May 07, 2019
The following information is an offer of Self-employed entrepreneur Viktor Aleksandrovich Kravchenko for an indefinite number of persons (hereinafter – "Users") to accept the services provided, to acquire simple non-exclusive licenses for the use of the results of intellectual property within the limits established by this Agreement. The order and conditions of the conclusion of this Agreement are regulated by articles 426, 435 – 444 of the Civil code of the Russian Federation.
1. TERMS AND DEFINITIONS
By accepting the terms of this User agreement, You agree to the following interpretation of the terms and definitions.
1.1. Administrator – Self-employed entrepreneur Victor A. Kravchenko (ИП В.А Кравченко). INN (Individual Taxpayer Number) 616120132926 , OGRNIP (Primary State Registration Number of the Sole Proprietor) 316619600254382, who owns the Digital Content provided as part of the Service.
1.2. User – an individual who has accepted the terms of this agreement in accordance with article 438 of the Civil Code.
1.3. Service – Audiovisual Service available in the global network Internet through the domain name https://digital-doctor.space/ (hereinafter – the "Service" or "Service Site") that provides access to Digital Content "Digital Doctor" (Диджитал Доктор).
1.4. Digital Content – full-length or short audiovisual works, works of art and literature (comics, pictures, photographs, texts of works, their totality), computer programs, other results of intellectual activity converted into digital formats to provide access to them through the Service (hereinafter – the "Content").
2. SUBJECT OF THE AGREEMENT
2.2. The user agrees that the money paid by the User for access to the paid functionality of the Service is not returned under any circumstances, since the Administrator grants the User the right to use the results of intellectual property (intangible objects) posted on the web pages of the Service, which are not refundable under the terms of a simple (non-exclusive) license.
2.3. The Administrator reserves the right to change and (or) Supplement the Agreement at any time without prior and (or) subsequent notice to the User at its sole discretion.
2.4. The exclusive right to the results of intellectual property, their constituent entities (including, but not limited to the entities specified in part 7 of article 1259 of the Civil Code), exclusive rights to the Service itself, including its code, domain name, and interface belong to the Administrator.
2.5. Acceptance of all payments received from Users is carried out with the assistance of:
OOO NKO (LLC non-profit organisation) "YANDEX MONEY"
Address: 119021, Russia, Moscow, Timur Frunze str., 11, b. 44
INN (Individual Taxpayer Number): 7750005725
KPP (IEC): 775001001
OGRN (PSRNSP): 1127711000031
2.6. The User agrees not to use the components of the results of intellectual property posted through the Service (including, but not limited to the ones specified in part 7 of article 1259 of the Civil Code) for business and other commercial or advertising purposes without the written permission of the Administrator during the term of the exclusive right.
2.7. If the issuing Bank of this plastic card charges a Commission or other fee for operations of debiting/ converting funds, these costs will be charged by the Bank from the buyer's account. These costs are borne by the buyer (User).
2.8. All payments between the parties to this agreement shall be made in Russian rubles.
3. ACCESS TO CONTENT
3.1. Episode 1. Episode 2 Of The Series "Digital Doctor"
3.1.1. Access to Episode 1 and Episode 2 of the Series (a simple non-exclusive license to view the Content) is provided to Users free of charge.
3.1.2. The user accepts a simple (non-exclusive) license to view Episode 1 and Episode 2 by going to the web page of the service site, through which these episodes are posted.
3.1.3. The term of the simple (non-exclusive) license for the right to watch Episode 1 and Episode 2 – from the moment of transition to the web page of the service Site, through which the episodes of the Series are placed up to the closure of the web page.
3.2. Episode 3. Episode 4 Of The Series "Digital Doctor"
3.2.1. Access to Episode 3 and Episode 4 of the Series "Digital Doctor" (a simple non-exclusive license to view the Content) is provided to Users for a fee. The user pays any amount that he considers fair, but not less than 100 rubles.
3.2.2. Acceptance of a simple (non-exclusive) license to view the Content the User is provided by paying for access to Episode 3 and Episode 4 of the Series.
3.2.3. A simple (non-exclusive) license to view Episode 3 and Episode 4 is valid for 1 year from the date of payment by the User access to Episode 3 and Episode 4.
4. RIGHTS AND OBLIGATIONS OF THE ADMINISTRATOR
4.1. Obligations of the Administrator:
4.1.1. To refrain from placing files that may harm Computer devices of the User;
4.1.2. To refrain from posting materials that violate the exclusive rights of third parties.
4.2. Rights of the Administrator:
4.2.1. At its sole discretion, to modify or delete any information published on the Service, as well as Digital Content, its components and any elements and components of the Service as a whole, suspend, restrict or terminate the user's access to any or all of the sections of the Service at any time for any reason without explanation, with or without prior notice. The Parties agree that the Administrator is not responsible for any harm that may be caused to the User by such actions.
4.2.2. To establish any restrictions in use, as well as to change this Agreement without obligatory notification of users.
4.2.3. To grant one simple (non-exclusive) license to use Digital Content for one User, delete user-created additional accounts without any compensation.
4.2.4. To Independently determine the information that is placed on the Website of the Service, place advertising information, including, but not limited to the right to interrupt demonstration of Digital Content with advertising information.
4.2.5. To place Digital Content, determined at the discretion of the Administrator, on the terms of free access; to organize and conduct offers and/or promotional events and advertisements. Conditions of such actions are defined by the Administrator independently. The organization of promotional events cannot be made dependent on any circumstances or actions of the User.
5. THE RIGHTS AND OBLIGATIONS OF THE USER
5.1. Obligations of the User:
5.1.1. To use Digital Content in good faith, subject to the restrictions set forth in this Agreement.
5.1.2. To refrain from actions aimed at destabilizing the operation of the Service, as well as from attempts of unauthorized access to the Service, the results of intellectual activity posted on it, from unauthorized blocking, disabling advertising information on the Service, as well as from any other actions that violate the rights of the Administrator and/or third parties.
5.1.3. To Immediately notify the Administrator of any attempts of unauthorized access to the user's personal account by third parties.
5.1.4. To refrain from interfering in technical means of protection of the Service, means of protection of the results of intellectual property placed on it from unauthorized receipt or use.
5.1.5. To refuse to purchase the Service in case of non-compliance with the age limit set on the service Site for each posted result of intellectual property.
5.1.6. To specify reliable data about the e-mail address and other data that are mentioned in the registration form of the Service ("Registration" button). The e-mail address specified by the User during the creation of a personal account is the address to which all the information concerning cash receipts to the payment by the User of Goods or services presented on the service Website is sent.
5.1.7. To not transfer their access (user name (login) and password) to the personal account to third parties. In the event of detecting a risk of hacking of the personal account or in case of personal data leak, the User agrees to immediately notify the Administrator and inform him of all information that has or may have to do with the hacking of the personal account and/or the leaking of personal data by third parties.
5.1.8. The user who has reached the age of 18, shall under no circumstances provide minors with access to Content intended for adult Users who are prohibited from viewing by minors. For the avoidance of doubt, the User agrees that the Provider may not verify the user's age at the time of access to the Service, and therefore shall not be liable to the User for the opportunity to access the relevant Content.
5.2. Rights of the User:
5.2.1. To use Digital Content that is posted on the service Website within the limits set forth in this Agreement.
5.2.2. Waive the license to view Digital Content at any time without the right to demand any payments by deleting the personal account.
6. RESPONSIBILITY. LIMITATION OF RESPONSIBILITY
6.1. Access to the Service and the results of intellectual property is provided in the form in which it exists and is located in the global network called the "Internet". The Administrator does not provide any guarantees regarding access to the Service.
6.2. The User understands and agrees that the Administrator is not responsible for any content not posted by the Administrator on the Service, including but not limited to the following: texts and comments, images, as well as any other information posted on the Service by third parties.
6.3. The Administrator is not responsible for any errors, omissions, interruptions, deletion, defects, delay in processing or transmission of data, communication line failure, theft, destruction or unauthorized access of third parties to the results of intellectual property posted on the Service. The Administrator 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, email service failures or scripts due to technical reasons. Also, the Administrator is not responsible for the compliance of the Service as a whole or its parts (services) to the expectations of Users, for error-free and uninterrupted operation of the Service, for termination of user access to the Service and the results of intellectual property posted on the Service, for the safety of the user's login and password that provide access to certain services of the Service, as well as for losses incurred by Users for reasons related to technical failures of hardware or software.
6.4. The Administrator is not responsible for the actions performed by the User when accessing the Service and the Digital Content that is present on it.
6.5. The Administrator is not responsible for the User's violation of terms and conditions set forth in this Agreement and reserves the right, at its sole discretion, as well as upon receipt of information from any third parties about the user's violation of terms and conditions set forth in this Agreement or the rights and interests of third parties, to change (moderate) or delete any information published by the User, as well as to suspend, restrict or terminate the user's access to or any or all of the sections of the Service at any time for any reason or without explanation, with or without prior notice, not responsible for any harm that may be caused to the User by such action.
6.6. In the event of third parties' claims against the Administrator related to the use of the Service by the User, the User undertakes to settle these claims with third parties on his own and at his own expense, saving the Administrator from possible losses and proceedings.
7. CONTACT INFORMATION OF THE ADMINISTRATOR
7.1. Mailing address for inquiries: 119180, Moscow, Bolshaya Polyanka str. 2/10 b. 1
7.2. E-mail address for inquiries: firstname.lastname@example.org
7.3. For questions about the Service and other technical issues, Users have the right to apply through the form for treatment via following link: https://digital-doctor.space/en/support.html
7.4. The Administrator will take all possible measures to consider the User's appeal and provide a response to the appeal no later than 15 (fifteen) days from the date of the User's appeal.
Date of acceptance of this version of the User agreement: May 07, 2019