Public agreement on providing access to the "VODAFONE TV" Service


1. Description of services and the subject of the agreement


1.1. Under the terms of this Agreement, mobile subscribers of PJSC "VF Ukraine", which is an operator of electronic communication services (hereinafter - the " Operator "), and/or subscribers of the fixed Internet of PJSC "FARLEP-INVEST", which is an operator of electronic communication services (hereinafter - "Fixed Internet Operator"), hereinafter together or in the sense of "or" - Operators, access to the content service "VODAFONE TV" (hereinafter - the "Service") is provided, which is provided at the order of the Operator by the content provider by the Limited Liability Company " OTT UKRAINE", which is the Executor and right holder of the Content and Application (hereinafter - " Executive "). Subscribers using the Operators' communication services can install the "VODAFONE TV" application (hereinafter - "") on your subscriber equipment with access to the Internet, including Wi-Fi, and while on the territory of Ukraine, get access to viewing/listening in real time to various licensed audio, video and audiovisual Content (hereinafter - " Content "), including artistic, documentary, popular science, educational, cartoon, cinema, TV and video films, broadcasts of sports events, etc. The service may also include access to viewing TV channels, as well as other Content. Operators provide subscribers with access to Content " VODAFONE TV" on a paid basis, in accordance with the current conditions of pricing of mobile communication and/or fixed Internet services established by them.


1.2. This agreement (hereinafter - the " Agreement ") regulates the relationship between the Operators, the Contractor, who make the Service available to subscribers of the Operators' mobile and fixed Internet services, and you (hereinafter - the " Subscriber "), aimed at meeting the stated needs of the Subscriber in access to the Service, which contains the Content, as well as the use of other services of the Service provided to subscribers at the rates set by the Operators.


1.3. Access to viewing/listening to the Content is provided to the Subscriber in real time through the Application, the Internet and subscriber equipment that has access to the Internet, provided there are sufficient funds in the subscriber's account and / or if the Service is provided by the Fixed Internet Operator, then subject to activation the functionality of temporary (for 3 days) unblocking of services, determined depending on the conditions of the Operators for providing the service to the Subscriber.


1.4. Access to the Content is provided after the Subscriber installs the Application on the Subscriber's equipment and/or visits the tv.vodafone.ua website and the Subscriber's prior registration in the Service. The terms of access to the Content are regulated in detail below in this Agreement.


1.5. Subscribers' access to the Content posted on the Service is limited to the territory of Ukraine, except for the territory where state authorities temporarily do not exercise their powers or do not exercise them in full (hereinafter referred to as "Territory of the Service"). The Subscriber guarantees that when using the Service, he is on the territory of the Service. When providing access to the Service, a system of geo-filtering access to viewing/listening to Content is used based on the IP addresses of the Subscribers' equipment, which limits access to the Service and Content to the territory of the Service. The Subscriber guarantees that he does not and will not take any actions aimed at circumventing the technical means of information protection used by the Operator/Executive in the process of providing the service. 


1.6. The Service provides the possibility of viewing/listening to the Content after installing the Application and/or visiting the tv.vodafone.ua website, in such a way that the storage and making available for public use of such Content is carried out directly from the server equipment of the Performer, and does not require the actual placement of the Content on the website or equipment of third parties.


1.7. The Subscriber understands the specifics of the service and agrees that the content of the Content and/or the functionality of the Service may change without prior notice to the Subscriber.


1.8. For informational purposes, during the first 7 days from the day of the first connection of the Service by the Operator, the Subscriber is not charged for accessing the Service. Starting from the 8th (eighth) day of using access to the Service, in the absence of the Subscriber's refusal to receive the service registered in the Operator's system, the amount of payment for the service will be debited from the Subscriber's account in accordance with the Operator's tariffs posted on the vodafone.ua and tv.vodafone websites. ua, vega.ua (hereinafter - Sites ).


1.9. Package - a set of TV channels and/or video content, access to which is provided on a paid basis within the limits and on the terms of the Service.


2. General provisions


2.1. This Agreement establishes the rules and conditions for the use of the Service by Subscribers who, after registration, using the Service and its functionality, become Users of the Service.


2.2. The Subscriber's use of the Application and/or Service, as well as any of its functionalities, means the Subscriber's unquestionable agreement with all provisions of this Agreement and unquestionable acceptance of its terms and obligations imposed on the Subscriber by this Agreement. The fact of the Subscriber's use of the Application and/or the Service, any of its functionalities, as well as the Subscriber's registration in the Service (creating an account in the system) is a full and unquestionable acceptance of the provisions of the terms of this Agreement, ignorance of which does not release the Subscriber from responsibility for their non-compliance or violation.


2.3. The Subscriber undertakes to regularly familiarize himself with the contents of this Agreement, in order to become familiar with changes and additions to this Agreement in a timely manner. Using the Service after any changes and additions to this Agreement means the Subscriber's familiarization with and consent to such changes and/or additions.


2.4. If you (Subscriber) do not agree to comply with the terms of this Agreement in whole or in part - do not install the Application and do not use the Service. If you (the Subscriber) are already a registered User of the Service, stop using the Service and/or the Application.


3. Intellectual property 


3.1. All intellectual property objects used and placed in the Service, as well as the Service itself, are the intellectual property of their legal right holders and are protected by the legislation of Ukraine on intellectual property, as well as by relevant international agreements and conventions. Any use of intellectual property objects placed on the Service (including elements of the visual design of the Service, symbols, texts, graphic images, illustrations, photos, videos, programs, music, and other objects) without the permission of the Performer or their right holder is illegal and may become the basis for legal proceedings and bringing violators to civil, administrative and criminal liability, in accordance with the legislation of Ukraine, international agreements and conventions.


3.2. Except for the cases established by this Agreement, the current legislation of Ukraine, as well as international agreements and conventions, no object of intellectual property posted on the Service may be copied (reproduced), processed, distributed, displayed in a frame, published, uploaded, transmitted, sold or otherwise used in whole or in parts (elements), without the prior permission of the Performer or his right holder.


3.3. Access to intellectual property objects placed in the Service is provided exclusively for personal non-commercial use without the right to reproduce (including copying/downloading/saving) such objects in the memory of the subscriber's equipment, as well as without the right to any any other use not provided for in this Agreement, including their sale, modification, distribution in whole or in parts (elements), etc.


3.4. Any other use not provided for in this Agreement is a violation and may be grounds for prosecution in accordance with the current legislation of Ukraine, international agreements and conventions and this Agreement. Any use of the Service or objects of intellectual property placed on it, except as permitted by this Agreement, is strictly prohibited.


3.5. Any objects of intellectual property placed on the Service may be deleted or changed without notifying the User.


4. Rights and obligations of the Executor


4.1. The Contractor's duties are limited exclusively to providing the technical possibility for the Subscriber to access the Service through the Application and the Internet, within the territory of the Service and for IP addresses assigned to Ukrainian Internet providers, in the manner specified in this Agreement.


4.2. The Contractor, with the consent of the Operator, receives the right to change or delete any information published in the Service, as well as Content and any elements that are components of the Service, to suspend, limit or terminate the Subscriber's access to all or any of the sections of the Service in at any time for any reason. At the same time, the Parties agree that the Contractor is not responsible for any loss or damage that may be caused to the Subscriber by such actions.


4.3. Operators, at their own discretion, send information messages to Subscribers in any available way, including through pop-up information messages during the use of the Service by the Subscriber, as well as by sending an SMS to the number specified by the Subscriber when registering with the Service. In particular, mailings containing organizational and technical, advertising or other information about the capabilities of the Service may be sent.


4.4. By using the Service, the Subscriber gives his consent to receive advertising information posted directly on the Service and any other information of an advertising and informational or other nature. Such information may be received by the Subscriber in the form of pop-up messages while using the Service, while viewing/listening to the Content, in the form of an SMS to a mobile phone number, or in other similar ways. If the Subscriber disagrees with the provisions of this Agreement, the Subscriber has the right to refuse further use of the Service.


4.5. Operators provide the Subscriber with the opportunity to create a single personal account (profile). If the Subscriber creates more than one account, the Operator reserves the right to delete such Subscriber accounts and/or deny the Subscriber access to the Service.


4.6. Operators have the right to set age restrictions for accessing some categories of Content posted on the Service. In the presence of such restrictions, persons who have not reached the appropriate age undertake to refrain from accessing such Content, which the Subscriber may be notified by a pop-up window on the Service when the Subscriber attempts to view/listen to Content intended for the Service's age-restricted audience.


Also, the Operators have the right to set other restrictions on access to the Content, taking into account the requirements of current legislation, agreements with rights holders and other partners of the Performer.


4.7. The performer undertakes:

• not to post telephone numbers and other personal information (personal data) of Subscribers in the Service without obtaining their consent to such actions in accordance with the requirements of current legislation;

• do not post any files that contain or may contain viruses and other malicious programs;

• do not describe or promote criminal activity, do not post instructions or guidelines for carrying out criminal actions;

• not to post any information in the Service that violates the rights of third parties to objects of intellectual activity;


4.8. The Contractor does not engage in preliminary moderation or censorship of Subscribers' comments and takes actions to protect the rights and interests of individuals, to ensure compliance with the requirements of Ukrainian legislation only after the interested person has made a justified appeal to the Contractor and agreed on his actions with at least one of the Operators. If necessary, communication with Subscribers is carried out by Operators.


5. Subscriber's rights and obligations


5.1. The Subscriber undertakes to use the Service only for legal purposes, to comply with current Ukrainian and international legislation, as well as the rights and legitimate interests of the Operators, the Contractor and the rights holders.


5.2. Access to the Content within the services is provided in accordance with the technical requirements specified in this Agreement. By starting to use the Service, the Subscriber unequivocally agrees that the subscriber equipment from which he plans to view the Content fully meets the technical requirements specified in this Agreement, and that he/she agrees to take all necessary actions to access the services specified in this Agreement.


5.3. All issues related to the acquisition of access rights to the Internet, the purchase and installation of appropriate equipment and software products are resolved by the Subscriber independently. Such matters are not subject to the scope of this Agreement, and the Operators, the Executor are not responsible for such actions of the Subscriber or third parties.


5.4. The Subscriber confirms and agrees that the services specified in this section of the Agreement are available to the Subscriber only under the condition of using subscriber equipment connected to the Internet, access to which is paid for by the Subscriber in accordance with his tariff plan of one of the Operators. Services may not be available (have limited functionality) when using subscriber equipment that does not meet the technical requirements for using the Service, which are specified in this Agreement.


5.5. The Subscriber is obliged to refrain from taking actions aimed at destabilizing the operation of the Service, making attempts to gain unauthorized access to the Service, objects of intellectual property placed on it, as well as from taking any other actions that violate the rights of the Operators/Executive and/ or third parties. Any of the Operators and/or the Contractor reserve the right at any time at their discretion to terminate, limit or terminate the Subscriber's access to the Service or to individual services of the Service, including, but not limited to, cases of violation by the Subscriber of this Agreement and/ or applicable applicable law.


5.6. The Subscriber undertakes not to send materials advertising any goods or services through/using the Service. The Subscriber undertakes not to use the Service for advertising or other sales promotion of any goods and services.


5.7. The subscriber has no right to reproduce, repeat, copy, sell, resell, as well as use in any way for any commercial purposes the Service and/or any parts of the content of the Service.


5.8. When registering (creating an account), the subscriber is obliged to provide accurate, up-to-date and complete information about himself, which may be requested by the registration forms of the Service, including, but not limited to: phone numbers, real age, date of birth and other personal information ( hereinafter - "Personal data"). The Subscriber understands and agrees that the Personal Data will be used by the Operators (their employees, as well as suppliers and contractors engaged by the Operators to provide the Service) exclusively in connection with providing access to the Service, its use by the Subscriber and ensuring the proper operation of the Service, information provision of the Subscriber, including for accounting, internal statistics, accounting and tax accounting, as well as for informing about new services, functions and capabilities of the Service, conducting surveys about any aspects of the Service's work, debt collection, both by one of the Operators independently and with the involvement of third parties. The period of use of Personal data is limited to a period equal to the period of use of the Service and 3 years after the end of the last fact of the Subscriber's access to the Service, unless another, longer period is established by legislation. Operators undertake not to disclose information about the Subscriber to third parties without the Subscriber's consent, with the exception of disclosure of information at the request of a court and/or law enforcement agencies in accordance with applicable legislation. equal to the term of using the Service and 3 years after the end of the last fact of the Subscriber's access to the Service, unless a different, longer term is established by legislation. Operators undertake not to disclose information about the Subscriber to third parties without the Subscriber's consent, with the exception of disclosure of information at the request of a court and/or law enforcement agencies in accordance with applicable legislation. equal to the term of using the Service and 3 years after the end of the last fact of the Subscriber's access to the Service, unless a different, longer term is established by legislation. Operators undertake not to disclose information about the Subscriber to third parties without the Subscriber's consent, with the exception of disclosure of information at the request of a court and/or law enforcement agencies in accordance with applicable legislation.


5.9. The subscriber is obliged to take appropriate measures to ensure the safety of his account, including the phone number and password. The subscriber is responsible for all actions performed in the Service from his account (using his phone number and password). In this regard, the Subscriber is obliged to log out of his account (end each session by clicking the "Logout" button) before closing the mobile Application and/or the tv.vodafone.ua website.


The Subscriber is obliged to immediately notify the Operator or Fixed Internet Operator about any cases of access to the Service by third parties under the Subscriber's account. The subscriber has no right to transfer, assign, sell, transfer for use, etc. account in the Service to third parties without the consent of the Operator or Fixed Internet Operator.


5.10. The Subscriber is obliged to periodically update the Personal Data that he provided during registration in order to ensure the accuracy, relevance and completeness of such data.


5.11. The Contractor has the right to contact one of the Operators at any time, so that the latter requests confirmation from the Subscriber of the latest data specified during registration and requests in this regard supporting documents (in particular, documents confirming identity). Failure to provide such documents may be equated to providing false information.


In case of providing inaccurate information, any of the Operators may refuse the Subscriber to consider questions, statements and claims of any nature, including refusing to provide any compensation. Similar consequences arise if the Subscriber's data specified in the documents provided by him do not correspond to the data specified during registration, as well as in the case when the data specified during registration do not allow to uniquely identify the Subscriber.


5.12. The subscriber is fully responsible for any actions taken using his account, as well as for any consequences that may have caused or would cause such use.


5.13. The Subscriber is obliged to use the information received from the Service exclusively for legal and personal non-commercial purposes that do not contradict moral principles and generally recognized values.


5.14. When choosing Content, the Subscriber is guided by his own free will. Some Content may contain erotic scenes, scenes of violence, profanity, and may also be offensive or inappropriate for you to view/listen to. Such Content is not recommended for viewing by people with a weak psyche, pregnant women and children. To make an informed decision when choosing Content, we recommend that you first pay attention to its genre and familiarize yourself with the annotation of such Content provided in the Service.


5.15. By choosing a particular Content, You (Subscriber) thereby confirm that you take full responsibility for viewing/listening to it.


5.16. Subscribers under the age of 18 cannot access the Service.


5.17. A subscriber who has reached the age of 18 guarantees that under no circumstances will he provide minors and minors with access to the Service and Content that have age restrictions.


5.18. The subscriber undertakes not to make attempts to disable or otherwise interfere with any technical means of protection of the Service or objects of intellectual property placed on it, which prevent or limit the use or copying of any information or objects of intellectual property placed on it on the Service.


5.19. The Subscriber undertakes not to attempt to change or modify any part of the Service (including the media player, mobile Application in which the Content is displayed), and not to use the Service, the intellectual property objects placed on it, for commercial purposes.


5.20. Subscribers are responsible for their own actions in connection with the creation and placement of comments on the Service, as well as in connection with the placement of information on personal pages of the Service in accordance with the current legislation of Ukraine.


5.21. When using the Service, the Subscriber is prohibited from downloading, storing, publishing, distributing and providing access or otherwise using any information that:

• contains threats, discredits, insults, defames the honor and dignity or business reputation or violates the privacy of other Subscribers or third parties;

• violates the rights of third parties, including the rights of minors;

• is vulgar or obscene, contains obscene language, contains pornographic images, texts or scenes of a sexual nature;

• contains scenes of violence or inhumane treatment of animals;

• contains a description of means and methods of suicide, any incitement to commit it;

• promotes and/or incites racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial supremacy;

• contains extremist materials;

• promotes criminal activity or contains advice, instructions or recommendations for committing criminal acts,

• contains information with restricted access, including, but not limited to, state and commercial secrets, information about the private life of third parties;

• contains advertising;

• has a fraudulent/criminal nature;

• is the intellectual property of third parties who did not give permission to the Subscriber to use it, and also violates other rights and interests of individuals and legal entities or the requirements of the legislation of Ukraine.


5.22. The subscriber is obliged to fulfill other obligations established by this Agreement.


5.23. The subscriber confirms that he is fully aware, understands the terms of this Agreement and accepts them, and also understands and agrees that the services are available and provided only on the territory of the Service, and only for IP addresses assigned to Ukrainian Internet providers, as well as that any - which Content may be removed from the Service without notifying the Subscriber, including in connection with the expiration of license agreements with the respective rights holders.


5.24. Any of the Operators and/or the Contractor has the right to block the Subscriber's access to the Service and/or account and/or services (including paid ones) in case the Subscriber violates the terms of this Agreement or if the Contractor considers the Subscriber's actions to be fraudulent, harmful, aimed at disrupting the operation of any functionality of the Service, spoiling the reputation of the Service or the brand, DoS-attacks, etc. Funds paid by the Subscriber for the use of the Service, in this case, are not subject to return by the relevant Operator.


6. Rules for paid access to Content in the Service


6.1. As part of the Service, Subscribers who have created an account (registered and authorized) in the Service are provided with the opportunity to access the Content, which is indicated accordingly, in particular, indicating the price for the service of access to the Content or the word "by subscription" and/or mentions that, that access to the Content is paid. Paid access to Content can be established as follows:


6.1.1. The "subscription access" service means providing the registered Subscriber with access to a certain number of units of Content during the specified period in accordance with the rules, restrictions and technical requirements specified in this Agreement. The service is provided from the moment of its payment by the Subscriber (debiting funds from the Subscriber's subscription account) and the fact of payment for the service is reflected in the electronic payment accounting system of one of the Operators, unless otherwise expressly provided in the terms of service provision.


Operators can change the terms of the Subscriber's paid access to the Content at their own discretion. The Subscriber can familiarize himself with the current conditions of paid access to the Content in the Service interface.


6.2. A subscriber can use subscription activation only once. Sending a repeated request to receive such activation using the same mobile phone number does not comply with the terms of this Agreement and will not be considered a basis for providing the ordered service. The corresponding service will not be provided, however, the cost of activation may be debited from the Subscriber's subscription account. The subscriber understands that he is independently responsible for all his possible expenses, as a result of sending such a repeated request. At the same time, the cost of activating the subscription for the corresponding request will be directed in full to cover the costs of one of the Operators for processing such a request and will not be subject to refund to the Subscriber.


The specified rule also applies to all facts of re-sending a request by the Subscriber in excess of the set number of allowed requests.


6.3. The cost of all paid services in the Service is brought to the attention of Subscribers by posting the relevant information in the Service. Before ordering the service, we recommend that Subscribers carefully familiarize themselves with its price, payment procedure and terms of service provision.


6.4. To purchase paid services in the Service, the registered Service Subscriber must authorize (perform authorization), select the appropriate paid service and confirm payment according to further instructions specified in the Service.


Authorization in this Agreement means the activation of the Subscriber's account by entering the phone number and password in the special form of the Service interface provided to the Subscriber during the Subscriber's registration on the Service.


The terms of service provision are indicated on the Sites indicated above in this Agreement.

• Payment for services in the Service can be made by the registered Subscriber by paying for the selected service in the Service using the short message system (SMS);


6.5. The price of services in the Service and their content (including the amount of Content available as part of the Subscription Viewing service) may be unilaterally changed without personally notifying the Subscriber.


6.6. Subscribers who have not reached the age of 18 do not have the right to use paid services of the Service.


6.7. When ordering and receiving paid access to the Content, the Subscriber has the rights provided by the legislation on the protection of consumer rights.


6.8. After obtaining access to paid Content, the Subscriber independently determines the amount of service consumed within the period, volume and other conditions of provision of the corresponding service. If for any reason (other than due to the fault of any of the Operators) the Subscriber does not use the access to the Content granted to him, the corresponding service is considered to have been provided properly.


6.9. If the services were paid for by the registered Subscriber, but were not provided due to fault by the relevant Operator within 30 (thirty) calendar days from the date of their payment, the relevant Operator, based on the written application of the registered Subscriber, provides the Subscriber with an equivalent service. The relevant application together with documents confirming the facts of the relevant Operator's fault and the requirements specified by the Subscriber must be sent by post to the relevant Operator's address.


6.10. In order to consider the Subscriber's application or claim of a financial nature, which must be made in writing, the corresponding Operator performs the Subscriber's identification. At the same time, the relevant Operator may request documents confirming all the facts stated in the application or claim (the list of such documents is determined at the discretion of the relevant Operator).


In case of non-fulfillment of the terms of this Agreement and the requirements of the respective Operator, the latter has the right to refuse the Subscriber a refund, payment of any compensation or provision of an equivalent Service.


7. Peculiarities of accessing TV channels


7.1. Access to watching TV channels is carried out by receiving and, simultaneously with such reception, transmitting the unchanged signal of TV channels in the Service.


7.2. The conditions of access to watching TV channels are determined by the Operators and the Contractor, taking into account the requirements of the current legislation. In particular, the Operators and the Contractor can determine a specific territory within which access to TV channels will be provided, technological parameters of service provision. In the presence of such definitions, access to the corresponding Content outside the established territories and technological solutions will not be available to the Subscriber.


7.3. The Subscriber can familiarize himself with the available program packages, the list of TV programs and broadcasts, as well as other Content included in each of the packages, as well as the Operators' tariffs for access to such packages, in the Service interface. Unless otherwise provided by applicable law, Universal Software Service programs may be included in all packages offered on the Service.


7.4. If access to TV channels requires special conditions, such conditions will be included in this Agreement. Also, the relevant conditions can be brought to the attention of the Subscriber by placing relevant informational messages in the Service interface, or in another acceptable way. In particular, to access TV channels, the Subscriber may need subscription equipment, the list of which is determined by the Contractor at the request of the Operators or any of the Operators. Subscriber equipment cannot be connected outside the territory and telecommunications network of the Operator, specified as permitted for access to viewing TV channels.


7.5. Taking into account the terms of the license agreements concluded by the Contractor with the rights holders, the Service may offer additional functions for watching TV channels, for example, Time Shift and Catch-Up. As a rule, such options have the following content:


Time Shift is a functional possibility of distributing TV programs with a network retransmission delay (up to 10 minutes), during which the Subscriber gets the opportunity to watch TV programs using the "Pause" and "Rewind" functions.

Catch-Up - a technology for distributing TV programs with a network delay of retransmission, in which the Subscriber gets access to watching TV programs after some time (usually up to 7 days) after they are broadcast by the broadcaster.


7.6. The Contractor is not responsible in the event of obstacles and obstructions that make it difficult to receive TV programs in a certain place where the Subscriber's equipment is located; in case of breakdown of such equipment; when carrying out repair or preventive works by TV channels. Also, the Performer is not responsible for any changes in the broadcast mode of television and radio organizations.


7.7. The Contractor is not responsible in the event that the unavailability of TV programs or low-quality access to the Service is the result of the Subscriber's violation of the rules for operating the equipment and/or failures in the operation of communication channels or the television center, unstable power transmission, in other emergency and unforeseen situations.


8. Technical requirements for using the Service


8.1. To use the services of the Service, the Subscriber needs registration and authorization in the Service, specialized technical means of access to the Internet, which provide access to the Service and interaction with web interfaces (hereinafter - " Technical Means of Access "). Technical Means of Access means personal computers, media players of the Inext model and / or with Android TV support, mobile devices based on Android version 4.0 and higher, iOS versions 13.0 and higher, TVs with the Smart TV function (Samsung and / or LG and / or with Android TV support) with installed Administrator software applications for interaction with the Software Service, connected to the Internet.


8.2. The services of the Service are designed for interaction with the Application and the web interface


8.3. For the high-quality operation of the Service, the Technical Means of Access must be connected to the Internet at a speed of at least 10 megabits per second.


8.4. For the correct operation of the Service on the TV, it is necessary to have special equipment with a special Operator Application installed on it, as well as additional equipment in the form of a Wi-Fi router, etc.


8.5. All units of functionality, access to which is provided within the framework of the Service, are protected by technical protection means that control access to them, as well as prevent or stop actions not authorized by the rights holders.


8.6. Taking into account the terms of the license Agreements with the rights holders, the Operators can set restrictions on access to functionality from some types of equipment.


8.7. Operators can set a list of recommended equipment, using which access to the Service is guaranteed. In case of using other equipment, access to the Service and the quality of access are not guaranteed. 


8.8 If the Subscriber, when connecting the services of the fixed Internet Operator, already has a connected service on the Service, the latter will be automatically disconnected. 


9. Liability. Limitation of liability


9.1. Access to the Service is provided on an "AS IS" basis, and each Operator and/or Contractor makes no warranty or representation thereof.


9.2. Subscriber understands and agrees that any intellectual property objects posted on the Service (including Content) may be removed or moved (without notice) at any time and for any reason.


9.3. The Subscriber understands and agrees that each of the Operators and/or the Performer is not responsible for any Content posted on the Service, including, but not limited to, the following: texts and comments, images, as well as any other information.


9.4. Operators and/or the Contractor are not responsible for any errors, omissions, interruptions, deletions, defects, delays in data processing or transmission, failures of communication lines, theft, destruction or unauthorized access by third parties to objects of intellectual property, placed in the Service. The Contractor is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, telephone equipment, software, failures of e-mail services or scripts for technical reasons.


Also, the Operators and/or the Contractor are not responsible for the compliance of the Service as a whole or its parts (functionalities) with the expectations of the Subscribers, the error-free and uninterrupted operation of the Service, the termination of the Subscriber's access to the Service and intellectual property objects placed on the service, the preservation of the Subscriber's login and password, that provide access to certain functional capabilities of the Service, as well as losses incurred by Subscribers due to reasons related to technical failures of hardware or software.


9.5. Operators undertake not to use the Subscriber's data received during registration for any useful purposes and guarantee non-disclosure of such data. It is not considered a violation of the condition of disclosure by any of the Operators of information about the Subscriber to the employees and suppliers/contractors of the relevant Operator in the amount necessary for the high-quality provision of services under this Agreement, as well as at the request of state controlling, law enforcement and judicial authorities, in cases where the disclosure of such information is the responsibility of the respective Operator in accordance with the requirements of the legislation of Ukraine.


9.6. The subscriber is fully responsible for the preservation of his login and password, equipment, including the use of equipment by third parties, as well as for losses that may arise due to their loss or unauthorized use of his account. The subscriber is advised to regularly change his password. The operator is not responsible and does not compensate for losses caused by unauthorized use of the login and password of the Subscriber's account by third parties. All actions taken by a person who has authorized using the Subscriber's login and password are considered as actions of the Subscriber. The subscriber is fully responsible for all actions taken from his account.


9.7. The Contractor is not responsible for any damage to equipment or software of the Subscriber or another person caused or related to the use of the Service.


9.8. Under no circumstances shall any of the Operators be liable to the Subscriber or any third parties for any direct, indirect, indirect, unintentional damage, including lost profit, damage to honor and dignity or business reputation, arising in connection in connection with providing access to the Service, using the Service or intellectual property objects placed on the Service. In each case, the Parties agree that the amount of damages of the relevant Operator to the Subscriber for any violations related to the use of the Service or this Agreement is limited by the Parties to the amount of payment received by the relevant Operator from the Subscriber in connection with the use of the Service in the relevant period ( for the corresponding service).


9.9. Any of the Operators and/or the Contractor shall not be liable to the Subscriber or any third parties:

• for the actions of the Subscriber in the Service;

• for the content and legality, reliability of the information used/received by the Subscriber in the Service;

• for the quality of goods/works/services purchased by the Subscriber after viewing advertising messages (banners, videos, etc.) posted on the Service, and their possible non-compliance with generally accepted standards or expectations of the Subscriber;

• for the reliability of the advertising information used/received by the Subscriber on the Service and the quality of the goods/works/services advertised in it;

• for the consequences of using the information used/received by the Subscriber on the Service;

• for the consequences related to access to the Content of persons for whom there is one or another prohibition of access to certain types of information, in particular, to Content that has age restrictions for viewing, if such consequences are related to the Subscriber's violation of the terms of this Agreement. 


9.10. The Operators and/or the Executor are not responsible for the Subscriber's violation of this Agreement and reserve the right to change (moderate) at their agreed decision, as well as upon receiving information from any third parties about the Subscriber's violation of this Agreement or the rights and interests of third parties or delete any information posted by the Subscriber, as well as suspend, limit or terminate the Subscriber's access to all or any of the sections of the Service, at any time, for any reason or without explanation, with or without prior notice such, without being responsible for any damage that may be caused to the Subscriber by such an action.


9.11. In the event that third parties present claims against any of the Operators and/or the Contractor related to providing access to the Subscriber's Service, due to the Subscriber's fault, the Subscriber undertakes to settle such claims with third parties at its own expense and at its own expense, protecting the respective Operator and/or Contractor from possible disputes, damages and compensations.


9.12. The service may contain links to other Internet resources. The Subscriber acknowledges and agrees that the Operators and/or the Contractor do not control and bear no responsibility for the availability of these resources and their content, as well as for any consequences related to the use of these resources. Any transitions by links made by the Subscriber are done by the Subscriber at his own peril and risk.


10. Other provisions


10.1. This Agreement and relations between the Operators, the Contractor and the Subscriber are regulated and interpreted in accordance with the legislation of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of Ukraine.


10.2. The parties to the Agreement undertake to comply with the exclusive jurisdiction of the courts of Ukraine in the event of disputed legal issues related to this Agreement or the Service.


10.3. If for any reason any provision of this Agreement is invalid, terminated or unenforceable, this shall not invalidate or invalidate any other parts of the Agreement.


10.4. This Agreement is concluded for an indefinite period and applies to Subscribers accessing and using the Service on the date of commencement of such access and use.


10.5. This Agreement is a public contract. The installation of the Application on the Subscriber's equipment and the actual use of the Service, its functionality, Services and intellectual property objects placed on it, or the fact of the Subscriber's registration on the Service - in the event that the Subscriber has made such a registration, is considered the Subscriber's agreement to the terms of this Agreement.



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