Ukrainske.TV - User Agreement

Publication Date: 22.08.2024

Last Updated: 22.08.2024

1. Subject and General Provisions of the Agreement

1.1 The subject of this Agreement (hereinafter referred to as the "Agreement") is the relationship between the company LLC "Ukrainian TV," EDRPOU - 45619913, address: 29007, Ukraine, Khmelnytskyi, Zavodska St., 46. Media identifiers in the Register of Media Entities: audiovisual media on demand "UKRAINIAN TV": R20-01875; audiovisual services provider "UKRAINIAN TV": R50-05287 (hereinafter referred to as the "Administrator" or "LLC 'Ukrainian TV'") and you (hereinafter referred to as the "User") regarding the use of the Ukrainske.TV platform and the Website (hereinafter referred to as the "Platform"). This Agreement is a public offer in accordance with the current legislation of Ukraine. By accessing channels, content, materials, services, or providing data through forms on the website, or otherwise using the Platform, the User is deemed to have accepted this Agreement.

1.2 Website - https://ukrainske.tv.

1.3 User - any individual who uses the Platform on a paid or free basis, regardless of registration.

1.4 The Platform provides the User with access to support services, including consultations, technical support for device setup, as well as access to an electronic program of channel transmissions.

2. Rights, Obligations, and Warranties of the User

2.1 Use of the Platform by the User and any of its services implies unconditional agreement with all provisions of this Agreement, all its changes, and additions, and unconditional acceptance of its terms. If the User disagrees with any term of this Agreement, the User must refrain from further use of the Platform.

2.2 The User undertakes to use the Platform solely for personal, non-commercial purposes. Commercial use of the Platform or any content accessible through the Platform is prohibited without prior written consent from the Administrator. Commercial use includes, but is not limited to, the distribution or transfer of content accessible through the Platform to third parties for profit; use of the Platform for advertising or promoting products, services, or brands; or use of the Platform to conduct any commercial activities, including receiving payments or rewards from third parties.

2.3 The User undertakes to familiarize themselves with the terms of this Agreement and independently monitor any changes to it. Continued use of the Platform by the User after any changes and/or additions to the Agreement implies acceptance of such changes and/or additions. Ignorance of the current terms of the Agreement does not release the User from obligations stipulated by the Agreement and liability for their non-performance and/or improper performance.

2.4 The User confirms that they are at least 18 years of age or have reached the minimum age set by the User's location for viewing relevant channels, content, and/or for the ability to pay for Platform use as specified by the Administrator. If the User has not reached the required age, they must refrain from accessing and/or paying for the content without parental, adoptive, guardian, or legal representative consent as per applicable law in the User's location. In the event of a breach of this clause, responsibility for the violation lies with the User's parents, adoptive parents, guardians, or other legal representatives as per applicable law. The Administrator is not responsible for the legality of channel or content viewing/listening by the User.

2.5 The User guarantees that they will not take any actions aimed at bypassing technical protection measures that prevent unauthorized use of the Platform, viewing, listening, copying of content. This includes, but is not limited to, attempts to circumvent geo-restrictions, use of software or devices to manipulate Platform functions, and any other actions that could destabilize the Platform, compromise its security, or infringe the intellectual property rights of the Administrator and content owners.

2.6 The User consents to receive informational, including advertising, push notifications from the Administrator by any legally permitted means, including through the Platform interface, email, phone number, or other methods. The User can unsubscribe from such materials at any time using the account settings or contacting the Administrator's support service. Unsubscribing from promotional materials does not affect the receipt of important information necessary for Platform operation.

2.7 If the User violates the terms of this Agreement or uses the Platform illegally or fraudulently, the Administrator reserves the right to immediately suspend, limit, or terminate the User's use of the Platform, and initiate appropriate legal measures to protect its rights and interests. In the event of termination of this Agreement, the User undertakes to immediately cease using the Platform and destroy all materials obtained from the Platform, along with any copies, regardless of their form or medium.

3. Rights, Obligations, and Warranties of the Administrator

3.1 The Administrator undertakes to provide the User with access to the Platform under the terms of this Agreement.

3.2 The Administrator reserves the right, at its sole discretion and without special notice to the User, to restrict User access to the Platform, certain channels, including through geo-restrictions on viewing channels, to change the list, number, and other characteristics of channels or information on the Platform, to temporarily suspend services for maintenance but not for more than ___ hours per month. By agreeing to this clause, the User releases the Administrator from any compensation, refunds, or reimbursement of funds for the implementation of Administrator's rights under this clause.

3.3 The Administrator reserves the right to take any lawful action to prevent unauthorized access to the Platform or channels, prevent destabilization of the Platform, and prevent other actions that violate the rights and legitimate interests of the Administrator or channel owners.

3.4 The Administrator may amend the terms of this Agreement at any time. The Administrator has the right to inform the User about significant changes by publishing a notification on the Website or by sending an email (if necessary).

4. Liability of the Parties and Limitation of Liability

4.1 The Administrator has the right to suspend, restrict, or terminate the User's access to the Platform or its individual services at any time at its sole discretion, including but not limited to, in case of the User’s violation of this Agreement, applicable legislation related to this Agreement, or if the Administrator has grounds to believe that the User’s actions are unfair, aimed at disrupting the Platform’s functionality and/or might violate the rights, legitimate interests of the Administrator and/or rights of the channel owners, and harm their business reputation. If access to the Platform is suspended, restricted, or terminated due to the User's fault, including as a result of the above actions, the funds paid by the User for access to the Platform are non-refundable. The Administrator is not liable for any losses incurred by the User due to such actions. In case of suspension, restriction, or termination of access to the Platform, the Administrator has the right to inform the User of this, except in cases of gross violation of the Agreement.

4.2 The User understands and agrees that:

4.2.1 Access to the Platform, including channels, content, and other services, is provided "as is," and the Administrator does not guarantee that they will meet the User's expectations.
4.2.2 The Administrator is not responsible to the User for the content of channels or other information posted on the Platform by the Administrator, other Users, or third parties. The responsibility for the content of Content and TV channels lies entirely with their rights holders.
4.2.3 The Administrator is not responsible for the content, accuracy, and authenticity of advertising information posted on the Platform or the quality of advertised products/services.
4.2.4 The Administrator is not responsible for any technical issues, delays in data processing or transmission, delays in payment for access services to the Platform, unauthorized access of third parties to view channels, or for the safety of the User's login and password. The Administrator does not guarantee error-free and uninterrupted operation of the Platform and, by default, is not responsible for any harm caused to the User due to technical malfunctions of hardware or software on either side.
4.2.5 The Administrator is not liable to the User or any third parties for direct or indirect unintentional damage, including lost profits, damage to honor, dignity, or business reputation arising in connection with the use of the Platform, channels, or other services provided through the Platform. In any case, upon the User's payment for access services to the Platform, the Parties accept and agree that the amount of possible compensation by the Administrator for any damages associated with using the Platform or this Agreement is limited to the amount of such payment made by the User. In the presence of documented damages from the User under this Agreement, the Parties accept and agree that the possible compensation amount from the Administrator may not exceed 10 EURO.
4.2.6 In the event of any claims, lawsuits, or other demands against the Administrator and/or third parties arising in connection with the User's or third party’s use of the Platform through the User's account, the User is obligated to independently settle such claims, lawsuits, and demands at their own expense and to fully compensate the Administrator for all costs and damages incurred, including but not limited to legal fees, fines, compensations, and other expenses.
4.2.7 The Administrator bears no responsibility for the availability, content, or retention of third-party websites accessible via hyperlinks within the Platform and Website, nor for any consequences associated with the use of such websites.
4.2.8 The User unconditionally agrees to access channels in the language version available on the Platform and undertakes not to raise claims against the Administrator regarding the language. Access to channels is provided through retransmission (public communication), so the Administrator is not responsible for the quality of broadcasting, language version, technical interruptions, or interferences during the viewing of the channel and other factors affecting the quality of broadcasting. The Administrator is not responsible for changes in the broadcasting mode of channels and/or their unavailability for any reason.
4.2.9 Any claims or demands against the Administrator related to Platform use must be submitted by the User within 6 months from the moment the basis for such claims arises. Claims submitted after this period are considered invalid for review.
4.2.10 The User agrees to reimburse the Administrator for all expenses, including but not limited to legal and attorney fees, incurred in defending the Administrator's rights in courts or other authorities, if such expenses arose due to the User's actions or inaction.
4.2.11 The User may terminate this Agreement at any time by deleting their account on the Platform, thereby waiving the right to a refund for Platform access.

4.3 The Administrator is not responsible for failure or improper performance of its obligations under this Agreement due to force majeure circumstances that are unforeseen or unavoidable.

4.4 The Administrator reserves the right to terminate this Agreement with the User in case of violation of its terms or in case of termination of the Platform’s activities.

5. User Registration

5.1 To access the Platform, the User must register on the Website by creating an account.

5.2 Registration is completed by entering the User's email address (login) and password on the Website.

5.3 The User may create multiple accounts, provided that creating more than one account for one email address (login) is not allowed.

5.4 Subsequent login to the registered User account is done through authorization.

5.5 The User is responsible for ensuring the security of their account, including control over the email address (login) specified in the account, the preservation of the login and password. The User is fully responsible for all actions performed using their account. The User agrees to immediately notify the Administrator of any cases of unauthorized use of their account by third parties.

5.6 The User agrees not to sell, otherwise alienate, or transfer their account and/or access data to third parties without prior written consent from the Administrator.

5.7 In case of loss of information and/or inability to log in to their account, the User can restore it by entering their email address (login), which will automatically receive a link to reset the password.

5.8 The User is informed that the list of channels available for viewing may differ for different countries, and the Administrator does not guarantee access to this list of channels if the User uses their account in another country.

6. Provision of Access to Channel Viewing

6.1 The Administrator provides the User with access services for viewing channels (hereinafter referred to as "Platform Access") under the following terms:

6.1.1 Access to the Platform means that the Administrator provides the User with the ability to view channels in accordance with the selected tariff. The number, list of channels, and duration of access are determined based on the selected tariff and are subject to the rules, restrictions, and technical requirements outlined in this Agreement. The Administrator has the right to provide several types of tariffs. The start date of Platform access is calculated from the moment the User pays for it and the payment is recorded in the Administrator’s electronic payment system. More information about available subscription tariffs can be found in the Website interface.
6.1.2 The Administrator may set restrictions on simultaneous access to channel viewing from multiple devices.
6.1.3 If access to channel viewing cannot be provided due to the Administrator's fault for more than one day but less than 30 calendar days from the payment date, the Administrator, upon written request from the User, extends the access term accordingly (if possible) or refunds the amount paid by the User. To request a refund, the User sends a request to the Administrator’s support email address specified in clause 13.8 of this Agreement.
6.1.4 The cost of access may be changed by the Administrator at any time at its discretion.

6.2 By paying for access to the Platform, the User is informed and agrees that:

6.2.1 The User and Administrator confirm and agree that services providing access to the Platform are considered provided at the time of User payment.
6.2.2 The service is considered duly provided in full by the Administrator, regardless of the User’s usage of the granted Platform access.
6.2.3 After the expiration of the paid access period, access to the Platform becomes unavailable to the User.
6.2.4 Payment for access may be automatic without the User's direct participation, with prior consent. This is done through automatic debits from the User's bank or electronic payment system account per the bank or payment system rules, subject to sufficient funds in the account. This clause serves as User consent for contractual debits by their bank if the "automatic renewal" option is selected in their account or during any tariff selection. Automatic payments for paid types of Platform access are made periodically according to the selected tariff for the specified access duration. The next access period will last for the number of calendar days defined by the selected tariff, with the corresponding cost at the time of automatic renewal. More details on payment by automatic debits can be found on the Website.

7. Technical Requirements

7.1 Access to the Platform is provided based on the technical requirements specified in this Agreement and on the Website interface, which may include minimum operating system requirements, browser, Internet connection speed, and other parameters.

7.2 The User confirms and agrees that access to the Platform is only provided to them using Devices that meet the technical requirements specified in this Agreement and on the Website. Services may be unavailable or have limited functionality when using devices that do not meet these requirements. The User may change the list of their devices in their account.

7.3 The Administrator uses technical protection measures to prevent unauthorized access to the Platform and/or other prohibited actions per this Agreement or applicable law. This may include, but is not limited to, data encryption, access control systems, and other cybersecurity measures.

7.4 To access the Platform from a device, the User must install appropriate software that allows channel playback per the Administrator's recommendations.

7.5 Channel viewing quality depends on various factors, including Internet connection speed, type of Internet provider, network settings, device model, and technical characteristics, and other criteria provided to the User by the Administrator.

7.6 All issues related to obtaining Internet access rights, purchasing and configuring appropriate devices and software applications are resolved independently by the User. Such issues are not covered by this Agreement, and the Administrator is not responsible for any problems or losses related to these actions by the User or third parties.

7.7 The Administrator is not responsible for any damage caused to the User’s or other persons' equipment or software due to or related to the use of the Platform, including due to potential technical failures or device incompatibility.

8. User Account (Profile)

8.1 Upon successful registration on the Website, as outlined in section 5 of this Agreement, the User gains access to their account, which can be used to manage services on the Platform.

8.2 In the context of this Agreement, an account means a personalized User account on the Website that includes information necessary for User identification, authorization, and access to Platform services.

8.3 Through the account, the User can:

8.3.1 Fill in and update their profile with information about themselves, adhering to confidentiality and personal data protection requirements;
8.3.2 Control their access, payments, monitor changes in tariffs and Platform access fees, as well as view payment history and channel viewing history;
8.3.3 Perform other actions as provided by this Agreement and Platform functionality.

9. Personal Data Protection

9.1 The User agrees and guarantees to provide accurate and truthful personal data and keep it up to date. The User acknowledges and accepts that providing inaccurate information to the Administrator may result, among other things, in the failure to receive up-to-date information, notifications, warnings from the Administrator, and termination of this Agreement.

9.2 The Administrator has the right to store and process any information provided by the User on the Website or provided to the Administrator by other means (including the User's IP and MAC addresses, location data, device operating system version, and other device settings through which the User accesses the Website, Platform, etc.).

9.3 The Administrator takes 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 from other unlawful actions by third parties.

9.4 The Administrator agrees not to disclose information about the User to third parties without the User's consent, except as required by the current legislation of Ukraine and international law. Additionally, the Administrator may transfer User data to contractors and other third parties involved in ensuring Platform operation only to the extent necessary to fulfill this Agreement, provided these third parties maintain confidentiality without additional User consent.

9.5 The User consents to the processing, including cross-border data transfer, by the Administrator or third parties on behalf of the Administrator, of personal data provided by the User, including name, surname, nickname, date of birth, email address, gender, age, and others, including but not limited to, for the following purposes:

9.5.1 User identification within Platform use;
9.5.2 Ensuring the possibility of using the Platform, providing the User with access services to the Platform, as well as informational services for the User;
9.5.3 Communicating with the User, including sending notifications, requests, and information regarding Platform use, as well as handling requests and applications from the User;
9.5.4 Improving Platform functionality and convenience;
9.5.5 Targeted advertising materials.

9.6 The User is informed and consents that during cross-border data transfer, recipients of such data may reside in foreign countries that do not provide adequate protection for personal data subjects' rights. The Administrator commits to taking all appropriate actions to ensure the confidentiality and security of any personal data transmitted to foreign countries.

9.7 The processing of personal data refers to any operation or set of operations performed using automation tools or without using such tools with personal data, including collection, recording, organization, accumulation, storage, clarification (update, change), retrieval, use, transfer (distribution, provision, access), anonymization, blocking, deletion, destruction of personal data.

9.8 The User's consent to the processing of their personal data remains in effect and the term of use of personal data continues during the User's use of the Platform and for 5 (five) years after the last fact of the User's access to the Platform unless a longer period is specified by the current legislation of Ukraine.

9.9 If the User deems it necessary to withdraw their consent to personal data processing, the User must send a request to the support service. In such a case, the Administrator deletes the User's account from the Website and their personal data and terminates the provision of services under this Agreement. The right provided in this clause may be restricted per the requirements of the current legislation of Ukraine. In particular, such restrictions may require the Administrator to retain deleted User information for a period specified by current legislation and to transfer such information following the legally established procedure to a state authority.

9.10 The User consents to the use of cookies by the Administrator – a technology whereby text identification files are transferred to the User's Device via the Internet, allowing individual information to be stored and the User identified during subsequent Platform use.

9.11 The Administrator may use cookies for purposes including:

9.11.1 Storing User account data necessary for automatic login to their account without the need to re-enter such data. Also, to remember User settings from previous website visits, Platform (country, language, etc.), and responses to Platform questions (e.g., gender, age, etc.).
9.11.2 Obtaining detailed technical data about User actions, such as information on the last visited page, the number of pages visited, time spent on them, interval between mouse clicks. This allows the Administrator to determine the most popular channels and improve the quality of services.
9.11.3 Receiving information about viewed advertising and informational materials by the User.

9.12 To change cookie settings, the User can use their browser settings.

9.13 When using software applications, the Administrator may obtain information about the device, including model, operating system, screen resolution, and unique device identifier.

10. Intellectual Property

10.1 All intellectual property rights belong to the Company, including but not limited to rights to software, design, database, content, and other components of the Platform unless otherwise specified. Ownership of channels and other content placed on the Platform belongs to the respective rights holders. The Platform, website, channels, and content, as intellectual property objects, are subject to legal protection according to the current legislation in the territory where the User accesses the Platform and views channels and international legal norms.

10.2 Any actions aimed at bypassing the technical protection means of the Platform or obtaining unauthorized access to the Platform are considered gross violations of copyright and other intellectual property rights. In case of such actions, the User independently bears legal and other responsibilities provided by the applicable law, including the obligation to compensate all damages and expenses incurred by the Administrator.

10.3 If channels or other information provided on the Platform are publicly presented, for example, in entertainment venues and leisure places, the organizers of such public presentations bear responsibility and independently resolve claims from rights holders and/or third parties related to such use without involving the Administrator.

10.4 Any unauthorized use, sale, or distribution of playlists created or provided by LLC "Ukrainian TV" under a different brand or for other commercial purposes without prior written consent from the Administrator is prohibited. Violation of this clause entails legal consequences, including compensation for damages and other expenses related to protecting the Administrator's rights.

11. Subscription Rules

11.1 A subscription is the User’s purchase of access to the Platform and the services of LLC "Ukrainian TV" for a period specified in the Agreement.

11.2 Subscription periods: the duration of the billing period will depend on the tariff selected by the User and is determined by the Administrator on the Website.

11.3 By subscribing, the User confirms that they have used a free trial version to configure their equipment and have checked the features, possibilities, and limitations of the selected subscription.

11.4 After the payment process is completed, access to the Platform will be granted within 15 minutes. The Administrator is not responsible for delays, malfunctions, errors, or data loss during the User’s payment processing, as these processes may depend on third-party payment services.

11.5 The User will receive three notifications via email regarding the expiration of their Platform access: 7 days, 3 days, and 1 day before the subscription expires.

11.6 Canceling a paid Platform access subscription is not possible. The User has the right not to pay for a new subscription period after the end of the current paid subscription.

11.7 The Platform access fee is determined on the Website according to the selected tariff and is part of this Agreement. Notwithstanding the foregoing, it may be unilaterally changed by the Administrator at any time by updating the information on the Website. The Administrator notifies the User of such a change by posting a notice on the Website or sending an email (if necessary).

12. Payment Procedure

12.1 Payment methods: To use the services of LLC "Ukrainian TV," the User must specify one or more payment methods. If the User's primary payment method is declined or no longer available, the User allows LLC "Ukrainian TV" to charge any other payment method specified by the User. If a payment is unsuccessful due to insufficient funds, expired card, or other reasons and the User does not cancel their account, LLC "Ukrainian TV" may suspend the User’s access until payment is successfully made. For certain payment methods, the issuer may charge the User fees, such as foreign transaction fees or other processing fees. Local tax rates may vary depending on the payment method used.

12.2 Updating payment methods. The User can update the account payment methods by accessing the Account page.

12.3 The User must maintain control over devices authorized on LLC "Ukrainian TV's" website, which are used to access the service, and must not disclose the password or payment information related to the account to anyone. The User is responsible for updating and maintaining the accuracy of the information provided to LLC "Ukrainian TV." LLC "Ukrainian TV" may close the User's account or suspend it to protect the User, LLC "Ukrainian TV," or partners from identity theft or other fraudulent actions.

12.4 LLC "Ukrainian TV" will send the User account-related information (e.g., service payment data, invoices, password or payment method changes) only in electronic form, such as email to the email address provided during registration.

12.5 If it is impossible to deduct funds during prepayment, the User will receive notifications for each failed payment attempt. After three notifications, if payment is still unsuccessful, the automatic subscription renewal will be canceled.

13. Additional Conditions

13.1 This Agreement is available on the Website for the User. The current version of the Agreement is available at https://ukrainske.tv/page/user_agreement.html.

13.2 This Agreement is concluded for an indefinite period and applies to the User from the moment specified in clause 1.1 of the Agreement.

13.3 All disputes, disagreements, claims, and complaints arising from this Agreement shall be resolved through negotiation. If the Parties fail to reach an agreement through negotiations, the dispute shall be resolved in court at the Administrator’s location under the current legislation of Ukraine.

13.4 Invalidity or non-compliance with the applicable law of any provision of this Agreement does not affect the validity of its other provisions. If any provision of the Agreement is deemed invalid, the Administrator undertakes to immediately replace it with another provision that most closely matches the content of the replaced provision but remains valid.

13.5 The headings in the Agreement are for convenience only and do not affect the interpretation of the articles of the Agreement.

13.6 All terms capitalized in this Agreement have the meanings given to them in this Agreement, and their meanings apply to all word forms in both singular and plural. Other terms used in this Agreement but not defined herein shall have the meanings defined by applicable law related to this Agreement. The words "including" and "in particular" imply "without limitation."

13.7 Any obligation of a Party not to take any action includes the obligation to prevent others from taking such action.

13.8 In case of any questions, messages, suggestions, or complaints regarding the Platform, the User may contact the Administrator by sending a relevant letter to the support service.

13.9 In the event of a complaint by the User, including if the User is the copyright holder whose rights have been infringed, regarding a channel posted on the Platform, the User must provide supporting documents, a clear argument, and contact details for communication.

13.10 The Administrator has the right to transfer its rights and obligations under this Agreement to a third party without obtaining prior consent from the User.

13.11 The User confirms that they have read, understood, and agree with all the terms of this Agreement, including any amendments that may be made to it in the future.