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USER AGREEMENT (PUBLIC OFFER AGREEMENT) ON THE PROVISION OF ONLINE CINEMA SERVICES
1.1. The subject of this User Agreement (Public Offer Agreement) (hereinafter - the "Agreement") is the relationship between the NGO "Wiz-Art" which is registered and operates under the laws of Ukraine, which is the owner and administrator (hereinafter - "Administrator") of the website https: // bigshort .com.ua / and it subdomains (hereinafter referred to as the “Website”), and by you (hereinafter referred to as the “User”), regarding the use of the Big Short Online Cinema (hereinafter referred to as the “Online Cinema”), in particular Content accessible via Online cinema, as well as other services provided through the Online cinema.
1.2. Any individual who uses the Online Cinema is recognized as a user.
The Online Cinema provides Users with 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 the Website on devices connected to the Internet (hereinafter - "Devices").
1.3. The content is audiovisual, musical works, phonograms, videograms, graphic, textual and other materials, access to which is provided to Users through the Online Cinema.
1.4. This Agreement is a public offer. The User follows the actions specified in this Agreement, including, but not limited to: the User's use of the Online Cinema, any of its services, viewing and / or listening to the Content, sending registration forms, providing information, following the relevant hyperlinks, and affixing appropriate marks in the process of registration in the Online Cinema, and other actions specified in this Agreement, is the full and unconditional consent of the User with all clauses of this Agreement, with all its changes and additions, and unconditional acceptance of its terms, and indicates the conclusion of a bilateral agreement between Administrator and User.
1.5. In case of disagreement of the User with any of the terms of this Agreement, the User is obliged to refuse further use of the Online Cinema.
RIGHTS AND OBLIGATIONS, USER GUARANTEES
2.1. The use of the Online Cinema, any of its services, viewing and / or listening to the Content, as well as the registration in the Online Cinema (account creation) is full and unconditional acceptance of this Agreement and means the User's unconditional consent to 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 of the terms of this Agreement, the User is obliged to refuse further use of the Online Cinema. 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.
2.2. The User undertakes to get acquainted with the terms of this Agreement and independently monitor it changes - regularly (at least once every fourteen days) gets acquainted with the content of this Agreement. The continued use of the Online Cinema by the User after any changes and / or additions to the Agreement implies the unconditional consent of the User to such changes and / or additions.
2.3. The User's ignorance of the current terms of the Agreement does not release the User from the obligations provided in the Agreement, as well as liability for their non-performance and / or improper performance. The User hereby confirms that he/she has reached the age of 18 or another age set as the minimum allowed in Ukraine 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 access to viewing such Content and / or from paying for its viewing without the consent of parents, adoptive parents or other legal representatives in accordance with current legislation of Ukraine. Otherwise, the responsibility for violation of the terms of this clause of the Agreement by a natural person who has not reached the required age rests with parents, adoptive parents or other legal representatives in accordance with the current legislation of Ukraine. The Administrator is not responsible for the legality of viewing / listening to the Content by the User / individual.
2.4. The User guarantees that during the using of the Online Cinema will not perform any actions aimed at circumventing the technical means of protection against unauthorized use of the Online Cinema, viewing / listening, copying the Content, in particular, the system of territorial restriction of access to IP-addresses, as well as any other actions aimed at changing the functional characteristics, destabilizing the operation of the Online Cinema. The User also undertakes to refrain from unauthorized blocking of advertising information in the Online Cinema. The User registered in the Online Cinema has the right to post comments on the Online Cinema, Content and other services provided to the User in the interface of the Online Cinema.
2.5. The User may not place advertising information in its comments without the prior written consent of the Administrator or use the Online Cinema to advertise or promote the sale of any goods and / or services in any other way not agreed with the Administrator. The User undertakes in his comments to refrain from posting information in text or any other form that degrades honor and dignity, violates the rights and freedoms of other Users and / or third parties, incites inter-religious, interracial, interethnic hatred, contains obscene language, knowingly false information that infringes on honor and dignity, infringes the intellectual property rights of third parties or in any other way violates the terms of this Agreement or applicable law applicable to this Agreement and / or at the location of the User. The user is fully responsible for their actions in connection with the posting of comments and undertakes to resolve disputes, claims, claims of third parties in this regard, independently and at his own expense.
2.6. In case of bringing the Administrator to responsibility for the comment or other information posted by the User, the Administrator has the right to take action to establish the location and search for the User to bring such User as a co-defendant and / or compensation for damage. The User hereby agrees to receive information, including advertising materials, push-messages from the Administrator by any prohibited by applicable to the Agreement law, in particular, in the interface of the Online Cinema, at any time, and by e-mail address, user's phone number or otherwise. The User hereby agrees to the Administrator to use the telephone number (numbers) of the User, which the latter used to communicate with the Administrator and / or make payment transactions in the Online Cinema, for calls, sending information messages, any prohibited by current legislation of Ukraine applicable to the Agreement.
RIGHTS, RESPONSIBILITIES AND GUARANTEES OF THE ADMINISTRATOR
3.1. The Administrator undertakes to provide the User with access to the Online Cinema in the manner and under the conditions provided for in this Agreement. The Administrator has the right at its discretion and without special notice to the User to restrict the User's access to the Online Cinema, certain units of Content, including through the system of territorial restriction of access to viewing Content by IP-addresses of Users, change the list and other characteristics of Content, other information , located in the Online Cinema, as well as the functional parameters of the Online Cinema. By agreeing to this clause, the User exempts the Administrator from any kind of compensation and compensation for the exercise by the Administrator of the rights under this clause of the Agreement.
3.2. 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 Online Cinema, the Content hosted on it, destabilize the work of the Online Cinema and other actions that violate the rights and lawful interests of the Administrator and / or rights holders of the Content. The Administrator grants the User Access to the Content for legal non-commercial individual use, in the ways specified in this Agreement.
3.4. The Administrator has the right at its own discretion, regardless of the User's warning and without 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. The Administrator reserves the right, in its sole discretion, to change and / or supplement the Agreement, the terms of loyalty programs, the availability of gifts, requirements for access to view the Content, etc. at any time without any notice to the User. The Administrator has the right in its sole discretion to impose any restrictions on the use of the Online Cinema, as well as at any time to make changes to this Agreement unilaterally, without the consent of the User.
3.5. The Administrator has the right to set 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. The Administrator may inform the Users about age restrictions by placing information signs on the Content pages and / or by means of informational messages displayed to the User before viewing the Content unit and / or in the descriptive part to the Content.
3.6. The Administrator does not pre-moderate the comments posted by Users in the Online Cinema. The Administrator shall take measures aimed at protecting the rights and legitimate interests only after the interested person has applied to the Administrator in accordance with the procedure established in this Agreement. The Administrator hereby reserves the right to restrict or remove from the Online Cinema the function of comments without any notice to Users.
RESPONSIBILITIES OF THE PARTIES. LIMITATION OF LIABILITY
4.1. In case of non-compliance and / or improper compliance with the terms of this Agreement, the Party that committed the breach should be liable in accordance with applicable to the Agreement law. The Party should be obliged to indemnify the other Party for non-performance and / or improper performance of its obligations under this Agreement for all damages caused by such non-performance and / or improper performance.
4.2. The Administrator has the right at any time at its discretion to suspend, restrict or terminate the User's access to the Online Cinema or its individual services, in particular, but not limited to, in case the User violates the terms of this Agreement, applicable law applicable to this Agreement. , as well as if the Administrator has grounds to believe that the User's actions are unfair, aimed at disrupting the online cinema and / or those that may violate the rights, legitimate interests of the Administrator and / or owners of the Content, damage their business reputation and the like. If the suspension / restriction / termination of access to the Online Cinema is due to the fault of the User, including as a result of the above actions, the funds paid by the User for access to viewing paid Content are not refundable. The Administrator is not responsible for any damages that may be caused to the User by such actions. The User is solely responsible for their 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: Access to the Online Cinema, in particular to the Content, other services, is provided "as is", and the Administrator does not guarantee that they meet the expectations of the User.
4.4.1. The Administrator is not responsible for 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 owners.
4.4.2. The administrator is not responsible for the content, accuracy and precision of advertising information placed in the Online Cinema, and for the quality of the advertised goods / services.
4.4.3. The Administrator is not responsible for any technical malfunctions, delays in processing or transmission of data, delays in receipt of payments for paid access services to view the Content, unauthorized access of third parties to view the Content, saving the user's login and password.
4.4.4. The 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.
4.4.5. The Administrator should 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 by using other services provided through the Online Cinema. In any case, when the User pays for paid access to viewing Content, the Parties accept and agree that the amount of possible compensation by the Administrator of losses of Users for any violations related to the use of the Online Cinema or this Agreement is limited to such payment made by the User for the relevant service. In case of submitting to the Administrator and / or a third party any claims, lawsuits, as well as any other requirements related to the use of the Online Cinema by the User or a third party from the User's account, the User is obliged to settle the above claims / lawsuits / claims on their own and at their own expense and to reimburse in full all costs and losses incurred by the Administrator.
4.4.6. The administrator is not responsible 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, as well as for any consequences associated with the use of such websites. The content is posted in the Online Cinema in Ukrainian or other languages with dubbing / translation / sound / subtitles or at the choice of the Administrator.
4.5. The User accepts and agrees to view and / or listen to the Content in the language version available in the Online Cinema.
PROVIDING ACCESS TO CONTENT VIEWING AND USER REGISTRATION
5.1. Ticket (hereinafter - "Ticket") - gives the User the opportunity to view a movie or master class for which the Ticket was purchased.
5.2. Registration is carried out by entering the User information in all required fields of the registration form on the Site. The next login to the registered account of the User is carried out by his authorization. The User is responsible and takes steps to ensure the security of his account in the Online Cinema, 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 with the use of the User's account, as well as for any consequences caused by such use.
5.3. The User undertakes to immediately notify the Administrator of any cases of unauthorized use of the User's account by third parties. In case of loss of information and / or inability to log in to your account, the User can recover it by entering his e-mail address (login), to which an email will be automatically sent with a link to reset the password.
5.4. Paid access to viewing Content is provided to the User in the manner and under the following conditions: Paid access to viewing Content may be provided to the User, provided that such User pays a fee for paid access to viewing Content. Paid access to viewing Content has a different cost, which is indicated on the Site. The Administrator may restrict access to paid paid content access from multiple Devices at the same time.
5.5. The cost of paid access to viewing the Content and the list of Content available for viewing by the User through such access may be changed by the Administrator at any time at its discretion without any notice to the User. By paying for paid access to the Content, the User is notified and agrees that: The User and the Administrator under the terms of this Agreement confirm and agree that the Services for paid access to the Content are considered provided at the time of payment by the User.
5.6. The Service is considered to be provided by the Administrator properly and in full, regardless of the fact that the User uses the provided access in the Online Cinema. This condition applies to cases of payment for Services for the provision of paid access to view the Content together with the services / products of third parties.
5.7. After the expiration of the paid access to viewing the Content, such Content becomes inaccessible to the User. The User hereby acknowledges and agrees that, on the day when the Content first becomes available in the Online Cinema, the service for providing access to such Content is considered to be provided by the Administrator in full. The currency of accounting for provided / consumed Services is the hryvnia. The Administrator makes settlements with the User independently or with the involvement of third parties (Partners / Commissioners / Agents), etc.
6.1. Access to the Online Cinema is provided based to the technical requirements provided in this Agreement and in the interface of the Online Cinema. The User confirms and agrees that access to the Online Cinema is provided to the User only through the Devices.
6.2. The Services may not be available (have limited functionality) when using Devices do not meet the technical requirements for the use of the Online Cinema, as well as in the presence of other restrictions provided by the Administrator. The list of devices used by the User may change in his account. The maximum number of devices that the User can use simultaneously is 1 (one).
6.3. The Administrator should provide with technical protection of the Content to avoid unauthorized access and / or other actions prohibited under the terms of this Agreement or applicable to the Agreement law. In order to access the Viewing of the Content in the Online Cinema with the help of the Device, the User must have the appropriate software installed, which allows to play the Content. The quality of viewing the Content depends on the speed of the Internet and other criteria, in particular the model of the used Device, about which the Administrator informs the User.
6.4. All issues related to the acquisition of Internet access rights, purchase and installation 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 the actions of the User or third parties. The Administrator should not be liable for any damage to the equipment or software of the User or another person caused or related to the use of the Online Cinema.
USER ACCOUNT (PROFILE)
7.1. After registration in the Online Cinema in the manner provided for in Section 5 of this Agreement, the User gains access to his/her account.
7.2. An account under this Agreement provides for a User account in the Online Cinema, which includes the information necessary to identify the User and information for authorization. With the help of the account the User can: fill in his/her profile, make changes to it; control the validity of the access, payment term, perform other actions described in this Agreement.
PROTECTION OF PERSONAL DATA
8.1. 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 the provision of inaccurate information to the Administrator may lead, among other things, to failure to receive relevant information, messages, warnings from the administrator, termination of this Agreement.
8.2. The Administrator has the right to store and process any information entered by the User on 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 Online cinema, etc.).
8.3. The 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. The 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 agencies within the current legislation of the country.
8.4. The User agrees to the processing, including the use of cross-border data transfer, by the Administrator or third parties on behalf of the Administrator, personal data provided by the User, including name, surname, nickname, date of birth, e-mail address and login, gender, age and other, for the following purposes: identification of the User within the framework of using the Online Cinema; providing the possibility of using the Online Cinema, providing the User with access services to view the Content, as well as information services to the User; 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; improving the quality of work of the Online Cinema, the convenience of its use; targeting of advertising materials.
8.5. The user is informed and agrees that during the cross-border transfer of his personal data, the recipients of such data may be in foreign countries that do not provide adequate protection of the rights of personal data subjects. The Administrator, in 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. Processing of personal data is any action (operation) or set of actions (operations) carried out with or without the use of automation means with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change) , extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data. 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 period of use of the Online Cinema by the User and 5 (five) years after the last fact of the User's access to the Online Cinema, if no longer Deals.
8.6. If the User deems 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@example.com. In this case, the Administrator deletes the User's account from the Online Cinema and his personal data. The right provided for in this paragraph may be limited in accordance with the requirements of applicable law. 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 applicable law, and to transmit such information in accordance with the statutory procedure to a public authority.
9.1. All the rights for the use of the Online Cinema belong to the Company, and the Content posted in the Online Cinema - to its legal owners. Online cinema and Content, as objects of intellectual property, are subject to legal protection in accordance with current legislation of Ukraine and international law. Unless otherwise expressly provided in the Agreement or specified by the Administrator, the User does not acquire intellectual property rights to the Content, in particular has no right to reproduce the Content, sale, public display, public performance, disclosure, etc.
9.2. For infringement of intellectual property rights of the Administrator, content owners or third parties, the User takes the responsibility in accordance with current legislation of Ukraine and international law. Any actions aimed at circumventing the technical means of protection in accordance with this Agreement, in order to gain access to viewing such Content, is a violation of copyright, and the User bears legal and other liability under applicable law of Ukraine for such actions.
9.3. If the Content, or other information provided in the Online Cinema, will be made public, the organizers of such action take the responsibility and independently resolve the claims of rights holders and / or third parties related. The Administrator reserves the right to remove any Content contained in the Online Cinema from the Online Cinema at any time without notifying the User.
10.1. User can find this Agreement is in the Website of Online Cinema in free access. The current legislation of Ukraine should apply to this Agreement. Issues not regulated by the Agreement should be resolved in accordance with the legislation of Ukraine. This Agreement is concluded for an indefinite period and extends to Users from the moment of using the Online Cinema. All disputes, disagreements and claims under this Agreement should be settled through negotiations.
10.2. In case of failure to reach an agreement between the Parties through negotiations, the dispute should be settled in court at the location of the Administrator in accordance with applicable to the Agreement law. The invalidity (insignificance) or non-compliance with applicable law of any of the terms of this Agreement should not affect the validity of its other terms.
10.3. The headings in the Agreement are provided for convenience and do not affect the interpretation of the content of the articles of the Agreement.
10.4. All terms in capital letters in the text of this Agreement have the meanings given to them in this Agreement and their meanings apply to all word forms, both singular and plural. Other terms used in this Agreement and not defined by it have the meanings defined in the applicable law applicable to this Agreement.
10.5. Any obligation of a party not to take any action includes an obligation not to allow such action. In case the User submits, in particular, if 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 arguments and contact details.
If you have any questions, please write to us at firstname.lastname@example.org