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User agreement

User agreement

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 AG STREAM LLP, Company Number - OC443619, Address: Palliser House Second Floor, Palliser Road, London, United Kingdom, W14 9EB (hereinafter referred to as the "Company"), and You (hereinafter referred to as the “User”) regarding the use of the Ukrainske.TV platform (hereinafter referred to as the “Platform”). This Agreement is a public offer under the laws of United Kingdom. By accessing content, materials, services or providing data through forms on the site, the User is deemed to have joined this agreement.
1.2 The User recognizes any natural person who uses the Platform on a paid or free basis, regardless of the fact of registration.
1.3 The Platform provides Users with access to the user support service for consultation, technical support for users to configure devices, and to the electronic channel transmission program.

2. Rights and obligations, guarantees of the User

2.1 The User's use of the Platform, any of its services, means the User's unconditional agreement with all clauses of this Agreement, with all its changes and additions, and unconditional acceptance of its terms. In case of disagreement of the User with any condition of this Agreement, the User is obliged to refuse further use of the Platform.
2.2 The User undertakes to use the Platform only for personal, non-commercial purposes, to comply with the terms of this Agreement, and not to violate the rights and legitimate interests of the Administrator and/or rights holders of the channels.
2.3 The user undertakes to familiarize himself with the terms of this Agreement and independently monitor their changes.The User's continued use of the Platform after any changes and/or additions to the Agreement implies the User's agreement to such changes and/or additions. The User's ignorance of the current terms of the Agreement does not release the User from the obligations stipulated by the Agreement, as well as responsibility for their non-fulfillment and/or improper fulfillment.
2.4 The User hereby confirms that he has reached the age of 18 or another age established as the minimum allowed in the country of the User's location to view the relevant channel and/or to be able to pay for the use of the Platform in cases provided by the Administrator. The User, who has not reached the age, undertakes to refrain from accessing such a channel and/or from paying for its viewing without the consent of parents, adoptive parents, guardians, custodians or other legal representatives in accordance with the current legislation of the relevant country of the User's location. Otherwise in this case, the responsibility for violation of the terms of this clause of the Agreement by the User who has not reached the required age rests with the parents, adoptive parents, guardians, custodians or other legal representatives in accordance with the current legislation of the relevant country of the User's location. The administrator is not responsible for the legality of viewing/listening to channels by the User.
2.5 The User guarantees that when using the Platform, he does not and will not take any actions aimed at bypassing technical means of protection against unauthorized use of the Platform, viewing/listening, copying channels, in particular the system of territorial restriction of access to viewing channels, as well as any other actions aimed at changing functional characteristics, destabilizing the operation of the platform.
2.6 The User hereby gives his consent to receive information, including advertising materials, push notifications from the Administrator in any way that is not prohibited by the current legislation applicable to the Agreement, in particular in the Platform interface, at any time, as well as on e-mail address, phone number of the User or in another way.

3. Rights, obligations and guarantees of the administrator

3.1 The Administrator undertakes to provide the User with access to the Platform in the manner and under the conditions stipulated by this Agreement.
3.2 The Administrator has the right, at his discretion and without special notice to the User, to limit the User's access to the Platform, certain channels, including through the system of territorial restriction of access to viewing channels, to change the list and other characteristics of channels, other information posted on the Platform, as well as functional parameters of the platform. By agreeing to this clause, the User releases the Administrator from any types of compensations, compensations and refunds for the Administrator's exercise of rights under this clause of the Agreement.
3.2 The Administrator has the right, at his discretion and without special notice to the User, to limit the User's access to the Platform, certain channels, including through the system of territorial restriction of access to viewing channels, to change the list and other characteristics of channels, other information posted on the Platform, as well as functional parameters of the platform. By agreeing to this clause, the User releases the Administrator from any types of compensations, compensations and refunds for the Administrator's exercise of rights under this clause of the Agreement.
3.3 The 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 Platform, the channels placed on it, destabilization of the Platform and other actions that violate the rights and legitimate interests of the Administrator and /or ownership.

4. Liability of the parties. Limitation of liability

4.1 The Administrator has the right at any time, at his discretion, to suspend, limit or terminate the User's access to the Platform or to its individual services, including, but not exclusively, in the event that the User violates the terms of this Agreement, the current legislation applicable to this Agreement , as well as in the event that the Administrator has reason to consider the User's actions to be in bad faith, aimed at disrupting the Platform's performance and/or such that may lead to a violation of the rights and legitimate interests of the Administrator and/or rights holders of the channels, harm their business reputation, etc.In the event that the termination/restriction/termination of access to the Platform occurred due to the fault of the User, including as a result of the above-mentioned actions, the funds paid by the User for access to the Platform are not subject to return. The Administrator is not responsible for any damages that may be caused to the User by such actions.
4.2 The user understands and agrees that:
4.2.1 Access to the Platform, including channels, other services, is provided "as is", and the Administrator does not guarantee that they 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. Responsibility for the content of the Content and TV channels rests entirely with its rights holders.
4.2.3 The administrator is not responsible for the content, reliability and accuracy of advertising information posted on the Platform, and for the quality of advertised goods/services.
4.2.4 The Administrator is not responsible for any technical problems, delay in data processing or transmission, delay in receipt of payments for access services to the Platform, unauthorized access by third parties to viewing channels, saving 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 damage caused to the User by technical failures of hardware or software on any side.
4.2.5 The Administrator is not liable to the User or any third parties for any direct, indirect, unintentional damage, including lost profit, damage to honor, dignity or business reputation, arising in connection with the use of the Platform, including channels or other services provided using the Platform. In any case, when the User pays for the services of access to the Platform, the Parties accept and agree that the amount of possible compensation by the Administrator for the losses of Users for any violations related to the use of the Platform or this Agreement is limited to the amount of such payment made by By the user for compliance. If the User has documented damages according to this Agreement, the Parties accept and agree that the amount of possible compensation by the Administrator may not exceed 10 EURO.
4.2.6 In case any claims, lawsuits, as well as any other requirements related to the use of the Platform by the User or a third party from the User's account are presented to the Administrator and/or a third party, the User is obliged to settle the above claims /lawsuits/requirements on their own and at their own expense and compensate in full for all expenses and losses incurred by the Administrator.
4.2.7 The administrator bears no responsibility for the availability and maintenance of third-party websites on the Internet, to which the transition is made using hyperlinks placed in the interface of the Platform and the Site, as well as for any consequences related to the use of such websites.
4.2.8 channels are posted on the Platform in Russian or other languages with translation/voiceover/subtitling into Russian or without such at the Administrator's choice. The User accepts and agrees to view and/or listen to the Content in the language version available on the Platform.

5. User registration

5.1 To access the Platform, the User must register on the Site by creating an account.
5.2 Registration is carried out by entering the User's e-mail address (login) and password on the Site.
5.3 The user has the right to create several accounts, taking into account that the creation of more than one account for one e-mail address (login) is not allowed.
5.4 The next login to the User's registered account is carried out by authorizing it.
5.5 The User is responsible and independently takes measures to ensure the security of his account, including control over the e-mail address (login) specified in the account, saving the User's login and password. The User is fully responsible for all actions taken using the User's account.The User undertakes to immediately notify the Administrator of any cases of unauthorized use of the User's account by third parties.
5.6 The user undertakes, without the prior written consent of the Administrator, not to sell, otherwise alienate or transfer for use, etc., the account and/or data allowing access to it to third parties.
5.7 In case of loss of information and/or impossibility to enter his account, the User can restore it by entering his e-mail address (login), to which a letter will be automatically sent with a link to reset the password.
5.8 The User is aware that the list of Content available for viewing differs for different countries, the Administrator does not guarantee the availability of this list of Content in case the User uses his account in another country.

6. Providing access to view content

6.1 The Administrator provides the User with access to the Platform under the following conditions:
6.1.1 Access by subscription means the provision by the Administrator to the User of the opportunity to access the Platform during the term of Access by subscription 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 varieties (types) of Subscription Access within the Platform. The beginning of the period of validity of Access by subscription is calculated from the moment of its payment by the User and the fact of payment for such service being displayed in the electronic payment accounting system of the Administrator.You can find more detailed information about the types of Subscription Access in the site interface.
6.1.2 The administrator may set access restrictions to the Platform simultaneously from several devices.
6.1.3 In case of impossibility of providing access to the Platform due to the fault of the Administrator for more than one day, but less than 30 (thirty) calendar days from the date of payment, the Administrator, at the User's written request, extends the User's access period for the relevant period (if there is such possibilities) or returns the amount paid to the User. The user sends a request to the Administrator's email address specified in clause 11.8. of this Agreement.
6.1.4 The cost of access to the Platform may be changed by the Administrator at any time at his discretion without any notification to the User.
6.2 By paying for access to the Platform, the User is informed and agrees that:
6.2.1 According to the terms of this Agreement, the User and the Administrator confirm and agree that the Services for providing access to the Platform are considered provided at the time of their payment by the User.
6.2.2 The Service is considered to be provided by the Administrator in a proper manner and in full, regardless of the fact of the User’s use of the provided access to the Platform.
6.2.3 After the expiration of the period of paid access to the Platform, the use of the Platform becomes unavailable to the User.
6.2.4 Payment for access can be made without the direct participation of the User, but with his prior consent on a permanent basis by means of automatic debiting of funds from the User’s bank account or account in the electronic payment system, etc. In accordance with the rules and conditions of the bank and/or payment system, in the presence of cash funds on such an account. This clause is the User’s consent to the contractual debiting of the service bank from his account when selecting the «automatic renewal» option in his account and/or when registering any of the types of access. Automatic debiting of funds for paid types of access to the Platform occurs systematically, in accordance with the duration of access chosen by the User, before the start of service provision from any of the types of paid access in the amount of the cost of such access for a certain duration of access. The next period of access to the Platform is 30 (thirty) calendar days with the corresponding cost of such access for 30 (thirty) calendar days at the time of automatic renewal. You can find more detailed information about paying for access using automatic debiting in the Site interface. In case of a change in the cost of access, the Administrator notifies the User who paid for such access, displaying the corresponding changes in the Site interface.

7. Technical requirements

7.1 Access to the Platform is provided taking into account the technical requirements stipulated in this Agreement and in the Site interface.
7.2 The User confirms and agrees that access to the Platform is provided to the User only through the Devices.Services may be unavailable (have limited functionality) when using devices that do not meet the technical requirements for using the Platform, as well as in case of other restrictions provided by the Administrator. The list of devices used by the User may change last in his account.
7.3 The Administrator establishes technical means of protecting access to the Platform from unauthorized access and/or other actions prohibited under the terms of this Agreement or the current legislation applicable to the Agreement.
7.4 In order to access the Platform using a device, the User must have the appropriate software installed that allows the playback of Content.
7.5 The quality of viewing channels depends on the speed of the Internet and other criteria, including the model of the used Device, about which the Administrator informs the User.
7.6 All issues related to the acquisition of Internet access rights, purchase and debugging for the relevant devices and software applications are 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.
7.7 The Administrator is not responsible for any damage to the equipment or software of the User or another person caused or related to the use of the Platform.

8. Account (profile) of the user

8.1 After registering on the site in accordance with the procedure provided for in section 5 of this Agreement, the User gets access to his account.
8.2 Account within the framework of this Agreement means the User's account on the site, which includes information necessary for the User's identification and information for authorization.
8.3 Using the account, the User can:
8.3.1 Fill out your profile with information about yourself, make changes to it when changing your own data;
8.3.2 Control the operation of your accesses, the term of payments, as well as the history of payment and access to the Platform;
8.3.3 Perform other actions described in this Agreement.

9. Protection of personal data

9.1 The user undertakes and guarantees to provide accurate and reliable personal data and to keep them up-to-date. The User is aware and accepts that providing inaccurate information to the Administrator may lead, among other things, to not receiving up-to-date information, messages, warnings from the Administrator, termination of this Agreement.
9.2 The Administrator has the right to store and process any information entered by the User on the site or provided to the Administrator in any other way (including the User's IP and MAC addresses, data about the User's location, the version of the operating system and the settings of the Device with which the User accesses the site , Platforms, etc.).
9.3 The Administrator takes the necessary and sufficient organizational and technical measures to protect the User's personal data from unauthorized access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties.
9.4 The Administrator undertakes not to disclose information about the User to third parties without the User's consent, with the exception of disclosure of information at the request of a court and/or law enforcement authorities in accordance with the current legislation of the relevant country.
9.5 The User gives his consent to the processing, including the use of cross-border data transfer, by the Administrator or third parties on behalf of the Administrator of personal data provided by the User, in particular the name, surname, pseudonym, date of birth, e-mail address and login, gender, age and others, with the following purpose:
9.5.1 Identification of the User within the framework of using the Platform;
9.5.2 Ensuring the possibility of using the Platform, providing the User with access to Content viewing services, as well as providing information services to the User;
9.5.3 Communications with the User, including sending messages, requests and information regarding the use of the Platform, as well as processing requests and applications from the User;
9.5.4 Improving the quality of the Platform, ease of use;
9.5.5 Targeting of advertising materials.
9.6 The user is informed and gives his consent that during the cross-border transfer of his personal data, the recipients of such data may be located in foreign countries that do not provide adequate protection of the rights of the subjects of personal data.At the same time, the administrator undertakes to take all appropriate actions to ensure the confidentiality and security of any personal data transferred to the territory of any foreign countries.
9.7 Processing of personal data is any action (operation) or set of actions (operations) carried out with the use of automation tools or without the use of such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing ), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
9.8 The User's consent to the processing of his personal data is valid and the term of use of personal data is valid during the term of the User's use of the Platform and 5 (five) years after the end of the last fact of the User's access to the Platform, unless a longer term is provided by the current legislation applicable to the Agreement.
9.9 If the User considers it necessary to withdraw his consent to the processing of his personal data, the User must send a corresponding message to the e-mail address: [email protected]. In this case, the Administrator will delete the User's account from the site and his personal data. The right provided for in this paragraph may be limited in accordance with the requirements of current legislation. In particular, such restrictions may provide for the Administrator's obligation to keep the information deleted by the User for the period established by the current legislation and to transfer such information in accordance with the legally established procedure of the state body.
9.10 The User gives his consent to the Administrator's use of cookies - a technology by which identification text files are transferred to the User's Device via the Internet, which allow storing individual information about him and identifying him during further use of the Site and Platform.
9.11 The administrator can use cookies, including for:
9.11.1 Storage of the User's credentials, necessary for automatic login to his account, without the need for the User to re-enter such data. Also, to remember the User's settings based on previous visits to the site, the Platform (country, language, etc.), to remember answers to questions addressed to the Platform Users (for example, gender, age, etc.).
9.11.2 Obtaining detailed technical data about the User's actions, for example, information about the last page visited, the number of pages visited and the time spent on them, the interval between mouse button clicks. Thanks to this, the Administrator can determine the most popular channels and improve the quality of their services.
9.11.3 Receiving information about advertising and informational materials viewed by the User.
9.12 To change cookie settings, the User can use their browser settings.
9.13 When the User uses software applications, the Administrator can receive information about the device, including the model, operating system, screen resolution, unique identifier of the device.

10. Intellectual property

10.1 All intellectual property rights to the use of the Platform belong to the Company, but to the channels placed on the Platform - to its legal rights holders. The Platform and channels, as objects of intellectual property, are subject to legal protection in accordance with the current legislation of the specific territory where the User accesses the Platform and viewing channels and international legal norms.
10.2 Any actions aimed at bypassing technical protection measures in accordance with this Agreement, in order to gain access to view such Content, is a violation of copyright, and the User independently bears legal and other responsibility provided for by current legislation for such actions.
10.3 In the event that the channels or other information provided in the Platform will be publicly displayed, for example, in entertainment establishments and places of leisure, the organizers of such public display are responsible and independently allow claims of rights holders and/or third parties related to such use.
10.4 The sale and distribution of AG STREAM LLP website playlists under a foreign brand without the permission of the Administration is prohibited.

11. Subscription registration rules

11.1 Subscription — purchase by the User of access to the services of AG STREAM LLP for the period specified in the Agreement.11.2 Subscription periods: the minimum subscription period is 1 month (30 days), also, the User can purchase a subscription for a period of 3 months, 6 months or 12 months.
11.3 By issuing a subscription, the User confirms that he has used the free test version of setting up his equipment, checked the functions, capabilities, limitations of the subscription being issued.
11.4 After completing the payment process, the subscription will be available within 15 minutes.
11.5 To inform about the expiration of the subscription, the user will be sent 3 e-mail messages: 7 days, 3 days, 1 day before the end of the subscription.
11.6 It is impossible to cancel a paid subscription. The user has the right not to pay for a new subscription period after the expiration of the already paid subscription.

12. Payment for the service

12.1 Payment methods In order to use the AG STREAM LLP service, the User must specify one or more payment methods. In the event that the User's primary payment method is declined or no longer available, the User authorizes AG STREAM LLP to charge any payment method specified by the User. If the payment was not successfully made due to lack of funds on the card, expiration of the card or for other reasons and the User does not cancel his account, AG STREAM LLP may suspend the User's access to the service until the payment is successfully made. For some payment methods, the issuer may charge the User certain fees, such as foreign transaction fees or other fees related to the processing of the payment method.Local taxes may vary depending on the payment method used.
12.2 Restoration of payment methods. The user can update the account payment methods by going to the Account.
12.3 The account user must maintain control over the devices authorized on the AG STREAM LLP site that are used to access the service and must not disclose the password or payment method information associated with the account to anyone. The User is responsible for updating and maintaining the accuracy of the information that the User has provided to AG STREAM LLP. AG STREAM LLP may close or suspend the User's account to protect the User, AG STREAM LLP or our partners from identity theft or other fraudulent activity.
12.4. Electronic communications. AG STREAM LLP will send the User information related to the User's account (for example, service payment details, invoices, password changes or payment method) only in electronic form, for example, by e-mail to the User's e-mail address specified during registration.
12.5 It is impossible to cancel a paid subscription. The user can cancel the withdrawal of funds for the future period.
12.6 If it is not possible to debit funds during the pre-payment process, the User will receive a message by mail about each unsuccessful attempt to pay for the service. If, after 3 messages, the payment process is still not completed, the automatic renewal of the subscription will be canceled.

13. Additional conditions

13.1 This Agreement is freely accessible to the User on the website. The current version of the Agreement is available at https://ukrainske.tv/en/page/user_agreement.html.
13.2 This Agreement is concluded for an indefinite period and applies to Users from the moment of the fact of using the Platform.
13.3 All disputes, differences, demands and claims of this Agreement shall be resolved by negotiation. In case of failure to reach an agreement between the Parties through negotiations, the dispute shall be resolved in a court of law at the location of the Administrator in accordance with the current legislation applicable to the Agreement.
13.4 Invalidity (nullity) or inconsistency with current legislation of any of the terms of this Agreement does not affect the validity of its other terms. If any of the terms of the Agreement is found to be invalid (null), the Administrator undertakes to immediately replace it with another condition that will most closely correspond to the content of the replaced condition, but at the same time is valid.
13.5 Headings in the Agreement are given for convenience and do not affect the interpretation of the content of the articles of the Agreement.
13.6 All capitalized terms in the text of this Agreement have the meanings given to them in this Agreement and their meaning applies to all word forms, both singular and plural.Other terms used in this Agreement and not defined herein shall have the meanings ascribed to them under applicable law applicable to this Agreement. The words "including" and "in particular" also mean "without limitation".
13.7 Any obligation of a party not to take any action includes an obligation not to allow such action to be taken.
13.8 In case of any questions, messages, suggestions, complaints regarding the Platform, the site, the User may contact the Administrator by sending a corresponding letter to the address: [email protected]
13.9 In the case of a complaint by the User, including if the User is the owner of an infringed copyright, regarding the channel posted on the Platform, the User is obliged to provide documents confirming the grounds for the complaint, a clear argument and contact details for communication.