User Agreement


  1. SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS
    1. The subject of the present User Agreement (hereinafter the Agreement) is the relationship between VASKIANI VENTURES LIMITED, a legal entity registered and acting under the laws of the Republic of Cyprus, which is the administrator (hereinafter the Administrator) of the website megogo.net (hereinafter the Website), and you (hereinafter the User), with respect to the use of online cinema MEGOGO.NET (hereinafter the Online Cinema), including the Content access the access to watching which is provided by way of the Online Cinema as well as to other services provided by way of the Online Cinema.
    2. The User shall be recognized to be any physical person using the Online Cinema on a fee-paying/free basis regardless of the fact of their registration with the Online Cinema.
    3. The Online Cinema shall grant the Users access to watching and/or listening to the Content, as well as the opportunity to use other services of the Online Cinema in real-time mode by way of the Website and/or software applications MEGOGO, available on devices connected to the Internet (hereinafter the Devices). Software applications MEGOGO are an integral part of the Online Cinema and everywhere in the text where the Online Cinema is mentioned, software applications MEGOGO and/or Web site are meant.
      1. The Content shall encompass audiovisual, musical works, phonograms, videograms, TV channel, graphical, text and other materials access to which is granted to Users by way of the Online Cinema.
  2. RIGHTS AND OBLIGATIONS, GUARANTEES FOR THE USER
    1. The User’s use of the Online Cinema, any of its services, watching and/or listening to the Content shall constitute the User’s unconditional consent to all of the paragraphs of the present Agreement, all of its amendments and additions, and unconditional approval of its terms. In case of the User’s disagreement to any terms of the present Agreement, the User shall undertake to refuse further use of the Online Cinema.
    2. The User shall undertake to use the Online Cinema for personal non-commercial purposes, observe the terms of the present Agreement, comply with the rights and legal interests of the Administrator and/or Content copyright holders.
    3. The User shall undertake to acquaint with the terms of the present Agreement and monitor their changes on their own accord. Continued use of the Online Cinema by the User after any modifications and/or additions to the Agreement shall suggest the User’s agreement to such modifications and/or additions. The User’s ignorance of the current terms of the Agreement shall not relieve the User from the obligations stipulated in the Agreement, as well as from the responsibility for their non-performance and/or improper performance.
    4. The User shall hereby confirm that his/her age is 18 years old or that any other age established as the minimal permitted age in the User’s host country to watch the corresponding Content and to be able to pay for watching the Content in the cases provided for by the Administrator. The User under the required age shall undertake to abstain from access to watching the Content and from making payment for watching it without consent of the parents, adoptive parents, guardians and caregivers or other legal representatives in accordance with the current laws of the corresponding host country of the User. Otherwise the responsibility for breach of the terms contained herein by the User who is younger than the required age shall be imposed on parents, adoptive parents, guardians and caregivers or other legal representatives in accordance with the current laws of the corresponding host country of the User. The Administrator shall not be responsible for allowability of watching/listening to the Content by the User.
    5. The User shall guarantee that when using the Online Cinema he does not perform and shall not perform any actions meant to bypass technical means of protection against unauthorized use of the Online Cinema, watching/listening to or copying the Content, in particular as regards the system for territorial restriction of access to watching the Content by IP address, as well as any other actions intended to moify the functional parameters or destabilization of operation of the Online Cinema.
    6. The User registered with the Online Cinema shall have the right to post comments on the Online Cinema, the Content, and other services provided to the User, in the interface of the Online Cinema.
    7. The User shall have no right to post, without a prior written approval of the Administrator, advertising information in his comments or use the Online Cinema to advertise or otherwise promote sales of any goods and/or services in any other way which has not been coordinated with the Administrator.
    8. When posting comments, the User shall undertake to abstain from placement of information, in text or any other form, that humiliates the honor and dignity, violates rights and freedoms of other users and/or third parties, stirs up interracial, ethnical or religious hostility, contains obscene words, knowingly false or defamatory information, violates intellectual property rights of third parties or in any other way violates the terms hereof or the current laws applicable to the present Agreement and/or in the User’s host country.
    9. the User shall bear full responsibility for his actions in connection with posting comments and hereby undertakes to settle disputes, claims and demands of third parties lodged in this connection, on his own and at his own expense. In case of the Administrator being brought to responsibility for the comments or other information posted by the User the Administrator shall be entitled to take action to establish the location of and search for the User in order to involve such User as a co-defendant and/or compensate for the inflicted damage.
      1. The User shall have the right to post a hyperlink (embed code) to a particular unit of the Content, which allows showing the Online Cinema media player with the opportunity to watch such unit of the Content in other websites on the Internet in such a way that storage and public disclosure of such unit of the Content should be implemented directly from the Administrator’s server, and placement of such hyperlink in a third party website shall not entail actual placement of a copy of the Content unit in such website. To place a hyperlink, one should use the button “Share.” The present provision hereof shall be effective exclusively for the units of Content, concerning which the Administrator has provided availability of such function. The media player being an integral part of the Online Cinema shall be covered by all requirements and other terms as provided herein.
    10. The User shall hereby give his consent to receiving information materials including advertisements, push notifications from the Administrator in any way which is compliant with the current legislation and applicable to the Agreement, in particular via the interface of the Online Cinema, at any time, as well as via the User’s email address, phone number or in another way.
  3. RIGHTS, OBLIGATIONS AND GUARANTEES OF THE ADMINISTRATOR
    1. The Administrator shall undertake to grant the User access to the Online Cinema, in accordance with the procedure and on conditions provided for herein.
    2. The Administrator shall have the right, at his own discretion and without special notices sent to the User, to restrict the User’s access to the Online Cinema, certain Content units, including by way of a territorial system for restriction of access to watching the Content by Users’ IP addresses, modify the list and other parameters of the Content, other information placed at the Online Cinema, as well as modify functional parameters of the Online Cinema. By giving his consent to this Paragraph, the User shall relieve the Administrator of any kinds of compensation and disbursement for the Administrator’s exercising of rights subject to this Paragraph of the Agreement.
    3. The Administrator shall have the right to apply any actions which do not contradict the current legislation applicable to the present Agreement, in order to prevent unauthorized access to the Online Cinema, the Content kept in it, destabilize the operation of the Online Cinema an other actions violating the rights and legitimate interests of the Administrator and/or Content copyright holders.
    4. The Administrator shall have the right, at his own discretion and regardless of the User’s notice, to modify or delete any information materials, comments and so on posted by the User. Thereat, the Administrator shall not be responsible for any damage that can be done to the User by such actions.
    5. The Administrator shall have the right to envisage loyalty programmers, special offers as well as promotional offers for Users of the Online Cinema, with more detailed information on which to be found in the interface of the Online Cinema and/or user account of the User.
      1. The promotional offers provided within the framework of a loyalty programmer can be served by the Administrator as well as by third parties, and thereat responsibility for the quality, functions and availability of the promotional offers of third parties shall be vested in such third parties exclusively.
      2. The Administrator shall have the right, at any time, to cancel completely or partially the volume of the User’s bonus points at his own discretion and without having to explain to the User the reason for such actions.
    6. The Administrator shall reserve the right to modify and supplement the Agreement, conditions of loyalty programmers, availability of gifts, requirements for access to watching the Content and other conditions at any time and at his own discretion without any notices to the User.
  4. RESPONSIBILITY OF THE PARTIES. RESPONSIBILITY RESTRICTION
    1. In case of non-performance and/or improper performance of the terms of the present Agreement, the Party at fault shall be responsible in accordance with the current laws applicable to the Agreement. The Party at fault as regards non-performance and/or improper performance of its obligations hereunder shall compensate to the other Party all damages which are documentary confirmed as ensuing from such non-performance and/or improper performance.
    2. The Administrator shall have the right, at any time and at his own discretion, to suspend, restrict or cancel the User’s access to the Online Cinema or to its specific services, including but not limited to, in case of the User’s breach of the terms of the present Agreement, the current legislation applicable to the Agreement, as well as in case if the Administrator has reasons to find the User’s actions unfair, intended to disrupt operability of the Online Cinema and/or such as could result in violations of rights and legitimate interests of the Administrator and/or Content copyright holders, harm their business reputation and so on. In case if cancellation/restriction/suspension of access to the Online Cinema take place through the User’s fault, including as a result of the above said actions, the money paid by the User for access to watching the fee-paying Content shall not be subject to refund. The Administrator shall not be responsible for any damage that can be done to the User by such actions.
    3. The User shall be responsible on his own for his actions related to the use of the Online Cinema, posting of comments and other information in the interface of the Online Cinema.
    4. The User shall understand and agree that:
      1. Access to the Online Cinema, including access to the Content, other services, is provided “as is” and the Administrator cannot guarantee that they will meet the User’s expectations.
      2. The Administrator shall not be responsible to the User for the subject matter of the Content or other information placed at the Online Cinema by the Administrator, other Users or third parties. All responsibility for the subject matter of the Content shall be borne by its copyright holders.
      3. The Administrator shall not be responsible for the contents, accuracy and reliability of advertising information placed at the Online Cinema, and for the quality of the goods/services being advertised.
      4. The Administrator shall not be responsible for any technical failures, delays in processing or transfer of data, delays in payment for the services of fee-paying access to watching the Content, unauthorized access by third parties to watch the Content, and safety of the User’s login and password. The Administrator shall not guarantee error-free and failure-free operation of the Online Cinema and by default shall not be responsible for the damage inflicted on the User by hardware or software technical failures at any side.
      5. The Administrator shall not be responsible to the User or any third parties for any direct, indirect, accidental damage, including loss of profit, harm to honor, dignity or business reputation which has emerged in connection with the use of the Online Cinema, including watching the Content or using other services provided by way of the Online Cinema. In any case, when the User makes payment for the services of fee-paying access to watching the Content, the Parties shall accept and agree that the amount of possible refund paid by the Administrator to the Users to compensate for their losses they have suffered due to any breaches related to the use of the Online Cinema or the present Agreement, shall be restricted to the amount of such payment that the User has made for a corresponding service. If the User has documental confirmed losses that emerged in connection with the present Agreement without making payments for fee-paying access to watching the Content, the Parties shall accept and agree that the amount of the Administrator’s possible refund cannot be higher than 10 EURO.
      6. In case of any claims and complaints as well as any other demands lodged with the Administrator and/or a third party in relation to the use of the Online Cinema by the User or a third party from the User’s account, the User shall undertake to settle the above said claims/complaints/demands by his own efforts and at his own expense, and compensate in full all costs and losses suffered by the Administrator.
      7. The Administrator shall not be responsible in any way for accessibility and contents of third party websites on the Internet, the jumping to which is made by way of hyperlinks placed in the interface of the Online Cinema, as well as for any consequences ensuing from using such websites.
      8. The Content shall be placed at the Online Cinema in Russian or other languages with dubbing/translation/soundtrack/subtitles or without any of the aforesaid, at the option of the Administrator. The User shall accept and agree to watching and/or listening to the Content in the language version available at the Online Cinema.
      9. Access to watching TV channels is implemented by their broadcasting, and in this connection the Administrator shall not be responsible for the quality of broadcasting, emergence of technical failures or noisy signal when watching a TV channel, and other factors that make the quality of broadcasting deteriorate. The Administrator shall not be responsible for changes in the broadcasting of TV channels and/or their non-availability for any reason.
  5. USER REGISTRATION
    1. To pay for One-time Access, Access by subscription, Access to TV channels, other fee-paying kinds of access, grading the units of Content, posting comments and participation in loyalty programs, the User shall undertake to register with the Online Cinema by creating a his own user account.
    2. Registration shall be performed in one of the following ways: by the User’s entering the email address (as login) and a password at the Online Cinema or by using the User’s account in social networks, the list of which is shown in the user registration page.
    3. The User shall have the right to create several accounts, considering that creation of more than one user account for one email address (login) is not permitted.
    4. In case of payment for One-time Access, Access to TV Channels, Access by Subscription, other fee-paying kinds of access via software applications MEGOGO in SMART-TV, user registration is not required. The User is suggested to undergo the registration procedure only if the User is trying to get access to watching the Contents paid via software application MEGOGO in SMART-TV, from other devices.
    5. Further entry into the User’s registered account takes place via account authorization.
    6. The User shall be responsible for, and independently take action to ensure safety of his user account with the Online Cinema, including the control of the email address (login) specified in the user account, the safety of login and password. The User shall be fully responsible for all actions performed with the application of the User’s account. The User shall undertake to inform the Administrator immediately of any cases of unauthorized use of the User’s account by third parties.
    7. The User shall undertake to abstain from selling, or otherwise disposing of or giving into the use of third parties and the like, of his user account at the Online Cinema and/or data that can provide access to such account.
    8. In case of loss of information and/or inability to enter his account, the User can renew it by entering his email address (login), where a message with a link to restore the password will be sent.
    9. The User has been informed that for various countries the list of Content available for watching may differ and when he makes payment for fee-paying access to watching the Content in one host country, the Administrator cannot guarantee availability of this list of Content if the User wants to use his account in another host country.
  6. PROVISION OF ACCESS TO WATCHING THE CONTENT
    1. The Administrator shall provide the User with services of access to watching the Content on the following conditions:
      1. Free access to watching the Content shall denote the Administrator's provision of access for the User to watch the Content free of charge.
      2. Free access to watching the Content combined with advertising materials shall denote the Administrator's provision of access for the User to watch the Content free of charge, but on condition of combining the Content with advertising materials.
      3. One-time access to watching the Content shall denote the Administrator's provision of access for the User to watch the Content unit selected by such User within a chosen period when access is effective, for a one-time fee, after the fact of making payment for such service has been reflected in the electronic payment system of the Administrator or after the period of time as specified in the terms of granting access. By the term of effect, access is divided into two types: the first one entitled “Lease” and the other entitled “Forever.” The “Lease” term of effect suggests access to watching the Contents for an unlimited number of times but within a limited period of time which is measured in calendar days at the option of the Administrator. The “Forever” term of effect suggests access to watching the Contents for an unlimited number of times and in an unlimited period of time of access to watching the Content unit during the lifespan of Online Cinema or for the period of time within which the Administrator shall have the right to provide such access. When selecting the type of access to watching the Content the User shall also have the opportunity (if provided) to select the Content video quality – standard (SD), high (HD), or ultra-high (UHD). The cost of One-time Access to watching the Content may differ depending on the term of effect of such access, the Content video quality and other factors.
      4. Access by subscription* shall denote the Administrator's provision of access for the User to the list of Content units determined by the Administrator within the effective period of the Access by subscription in accordance with the regulations, restrictions and technical requirements specified herein. Thereat the Administrator shall have the right to provide several kinds (types) of Access by subscription within the framework of the Online Cinema. The effective term of Access by subscription shall be measured from the moment of the User’s payment for it and representation of the fact of payment for such service in the electronic payment system of the Administrator. You can find more detailed information on the types of Access by subscription in the interface of the Online Cinema.
      5. Free access to watching TV channels* shall denote the Administrator's provision of access for the User to watch TV channels which the Administrator has divided into packages, and such service can include access to watching Interactive channels. Thereat the Administrator shall have the right to provide several kinds (types) of Access to watching TV channels within the framework of the Online Cinema. The effective term of Access to watching TV channels shall be measured from the moment of the User’s payment for it and representation of the fact of payment for such service in the electronic payment system of the Administrator. You can find more detailed information on the TV channel packages available, their content, the cost of access and other information regarding such service in the interface of the Online Cinema.

        *the Administrator provides the User with the opportunity to watch various sets of TV channels both in separate packages and in combination with Access by subscription, including nation-wide compulsory overt channels. Compulsory overt channels are provided for the User free of charge (if they are available at the Online Cinema). Compulsory overt channels can be included into various types of fee-paying access to watching the Content; therein the cost of fee-paying access to such watching does not include the payment for watching such compulsory overt channels and availability of such channels in fee-paying access to watching the Content shall not affect the cost of such access. At any time of using Online Cinema and when having entered via his user account, the User shall have the right of free access to watching compulsory overt channels.
      6. Access to watching selections shall denote the Administrator's providing the User with the opportunity to watch thematic collections of Content units, which, including, but not limited to, are united and structured into playlists at the option of the Administrator and are available for the User. In case of being united into playlists, such selections are formed into channels to simplify their management and watching, entitled as “Interactive Channels.” Watching Content in Interactive Channels is possible both in the sequence suggested by the Administrator and in any sequence and from any minute of the Content duration, at the option and at the discretion of the User. At the option of the Administrator, access to watching Interactive Channels can be either free of charge or fee-paying, and it can also be provided in combination with other kinds of fee-paying access to watching the Content.
    2. Services in fee-paying access to watching the Content shall be provided to the User in accordance with the order, and on conditions as specified below:
      1. Fee-paying access to watching the Content can be provided to the User if such User makes a corresponding payment for the fee-paying access to watching the Content, unless otherwise provided in loyalty programmers, special offers and so on. The Administrator shall have the right to stipulate the requirement for the User to register at the Online Cinema in order to pay for access to watching the Content.
      2. Fee-paying access to watching the Content can have a different cost and can grant access to viewing various kinds of fee-paying access to the Content that can be offered to the User at the option of the Administrator in packages of several items or one at a time. The cost of fee-paying access to watching the Content, the methods and other conditions of payment are specified in the corresponding sections of the Online Cinema interface.
      3. The Administrator may establish restrictions for access to watching the Content, that has been paid for, from several Devices simultaneously.
      4. In case of impossibility, through the fault of the Administrator, to provide access to the service of fee-paying access to watching the Content, selected and paid for by the User, within more than one day but less than 30 (thirty) calendar days from the date of payment for the corresponding Content, the Administrator shall extend the User’s term of access to watching such Content, following the User’s written request, for the corresponding period (if such opportunity is available) or refund the paid amount to the User. The User shall send a request to the email address of the Administrator as specified in Paragraph 11.9. of the present Agreement.
      5. The cost of fee-paying access to watching the Content and the list of the Content available for watching by the User via such access can be modified by the Administrator at any time at his own discretion without any notices hereof sent to the User.
      6. By making payment for fee-paying access to watching the Content, the User has been informed of, and shall agree that:
        1. Subject to the terms of the present Agreement, the User and the Administrator shall confirm and agree that the Services in provision of fee-paying access to watching the Content shall be recognized to have been provided at the time of the User’s payment for such services.
        2. The service shall be recognized to have been provided by the Administrator in due manner and in full regardless of whether the User has used the granted access to the Online Cinema, except for cases envisaged in Subparagraph 6.2.4. of the present Agreement.
        3. Upon expiry of the term of fee-paying access to watching the Content, such Content shall become unavailable for the User.
        4. The payment for the fee-paying access (except for One-time Access) can be made without the User’s direct participation but following his prior consent and on a permanent basis by way of automatically writing off money from a bank account or from an account in the User’s electronic payment system and so on, subject to regulations and conditions of the bank and/or payment system, provided that cash assets are available in such account. This Paragraph shall be the User’s consent to contractual writing-off of cash assets from his account by his servicing bank, when the option “automatic prolongation” is selected in his user account and/or when registering any of the types of fee-paying access (except for One-time Access). Automatic writing-off of cash assets for fee-paying types of access to watching the Content, except for One-time Access, shall take place systematically, in accordance with the access duration selected by the User, regardless of the expiring term of the previous User`s access, before the beginning of provision of such service in any type of fee-paying access (except for One-time Access) in the amount of the cost of such access. If there are no funds in the account of the User at the time of the automatic prolongation, automatic write-off can be repeated until it be a successful write-offs. The next time period (term) of fee-paying access to watching the Content shall be equal to 30 (thirty) calendar days at the corresponding cost of such access for 30 (thirty) calendar days at the moment of automatic prolongation. You can find more detailed information on payment for fee-paying access by way of automatic writing-off in the interface of the Online Cinema.

          By duration, fee-paying access is divided into 1 month (which is equal to 30 (thirty) calendar days), into 3 months (which is equal to 90 (ninety) calendar days), into 6 months (which is equal to 180 (one hundred eighty) calendar days), and into 12 months (which is equal to 360 (three hundred and sixty) calendar days).

          In case of changes in the cost of fee-paying access (except for One-time Access), the Administrator shall notify thereof the User, who has paid for such access, by way of showing the corresponding changes in the interface of the Online Cinema.
      7. The Administrator’s special offers may include the condition of automatically prolonging the provision of service in granting access to watching the Content for the next time period. The User shall have the right to refuse this service in providing access to watching the Content and automatic prolongation, by way of controls in his user account. You can find more detailed information on the Administrator’s special offers in the interface of the Online Cinema. The User shall understand and agree to the necessity of paying additional fees to third parties ensuring making of payments for One-time Access or for other fee-paying kinds of access to watching Content. The amount of fee for every method of paying for access to watching the Content shall be specified in in the interface of the Online Cinema and/or in the interface of the payment system which is used to make payment, and this amount can vary depending on the selected method of payment.
  7. TECHNICAL REQUIREMENTS
    1. Access to the Online Cinema shall be granted with consideration of the technical requirements envisaged in the present Agreement and in the interface of the Online Cinema.
    2. The User shall confirm and agree that access to the Online Cinema is provided to the User by way of Devices only. Services may not be available (have limited functionality) when using Devices which do not comply with the technical requirements for the use of the Online Cinema, and also if there are other restrictions envisaged by the Administrator. The list of Devices employed by the User can be modified by the latter in his user account. The maximal number of SMART-TV devices that the User can employ simultaneously is 5 (five) pieces.
    3. The Administrator shall establish technical means for protection of the Content from unauthorized access and/or other actions which are prohibited under the present Agreement or the current legislation applicable to the Agreement.
    4. For access to watching the Content at the Online Cinema by way of a Device the User should have corresponding software installed which allows playback of the Content.
    5. The quality of watching the Content depends on the speed of the Internet connection and other criteria, including the model of the Device used, on which the Administrator shall inform the User.
    6. All issues concerning purchase of Internet access rights, purchase and adjustment of corresponding Devices and software applications shall be settled by the User on his own. Such issues do not fall within the scope of the present Agreement, and the Administrator shall not be responsible for such actions on the part of the User or third parties.
    7. The Administrator shall not be responsible for any damage to equipment or software of the User or another person emerging due to or in connection with the use of the Online Cinema.
  8. USER ACCOUNT
    1. After registration with the Online Cinema in accordance with the procedure as prescribed in Chapter 5 of the present Agreement, the User shall be granted access to his user account.
    2. Within the framework of the present Agreement, a user account shall denote the User’s account at the Online Cinema which includes the data required to identify the User and the authorization data.
    3. With the help of his user account, the User shall be able to:
      1. Fill his personal information into his profile and modify it if his personal data changes;
      2. Control the validity of his access types, payment deadlines as well as payment and Content viewing history;
      3. View the amount of his bonuses and the procedure of their assignment within the framework of a loyalty program;
      4. View available gifts and exchange them for his bonuses in accordance with the conditions stipulated in the user account;
      5. Perform other actions described herein.
  9. PROTECTION OF PERSONAL DATA
    1. The User shall undertake and guarantee to submit accurate and reliable personal data and maintain their actual status. The User shall realize and accept that submitting unreliable information to the Administrator may result, among other issues, in failure to receive relevant information, notices and warnings from the Administrator, and in termination of of the present Agreement.
    2. The Administrator shall have the right to keep and process any information entered by the User at the Online Cinema or provided to the Administrator otherwise (including IP and MAC addresses of the User, the User’s location data, version of the operating system and settings of the Device with the help of which the User receives access to the Online Cinema and so on).
    3. The Administrator shall take the necessary and sufficient organizational and technical action to protect the User’s personal data from unauthorized access, destruction, modification, blocking, copying, distribution as well as from illegal acts of third parties.
    4. The Administrator shall undertake not to disclose the User’s information to third parties without the User’s consent, except for disclosure of information on demand of the court and/or law enforcement agencies in accordance with the applicable current legislation of the corresponding country.
    5. The User shall hereby accept and confirm that, by using a registration account from other online services (social networks, the comprehensive list of which is specified n the User registration page, for instance VKontakte, Facebook, Odnoklassniki, Twitter, Google+ etc) to enter the Online Cinema, he gives his consent to processing of his personal data both by the Administrator and such online service; in case of services rendered to the User by Internet providers, mobile service providers or another resource on the Internet, and such services employed by the User to gain access to the Online Cinema, the User hereby gives consent to processing of his personal data by such above said persons as well.
    6. The User shall give his consent to processing of the personal data submitted by the User, in particular name, surname, pseudonym, date of birth, e-mail: address and login, sex, age and other, including with the use of transborder data transfer, by the Administrator or third parties on behalf of the Administrator, for the following purposes:
      1. identification of the User within the framework of using the Online Cinema;
      2. to enable the use of the Online Cinema, provision of services of access to watching the Content, as well as provision of information services to the User;
      3. for communication with the User, including sending of notices, requests and information concerning the use of the Online Cinema, as well as processing of requests and applications from the User;
      4. improving performance quality of the Online Cinema and its convenience of use;
      5. targeting advertising materials.
    7. The User has been informed and hereby grants his consent to the fact that in case of transborder transmission of his personal data, recipients of such data can be located in foreign states which do not ensure adequate protection for the rights of personal data subjects. Thereat, the Administrator shall undertake to take all appropriate actions to ensure confidentiality and safety of any Personal data transferred to the territory of any foreign states.
    8. Processing of personal data shall be any action (operation) or a cumulative action (operation) performed with the use of computer equipment or without it and concerning personal data, including collection, recording, systematization, accumulation, storage, refinement (updating, modifying), extraction, use, transfer (distribution, granting, access), depersonalization, blocking, deletion and destruction of personal data.
    9. The User’s consent to processing of his personal data, and the term of using his personal data shall be valid for the period of the User’s use of the Online Cinema and for 5 (five) years after the last fact of the User’s access to the Online Cinema, unless a longer period of time is envisaged in the current legislation applicable to the Agreement.
    10. If the User considers it necessary to withdraw his consent to processing of his personal data, the User shall send a corresponding notice to the following email address: support@megogo.net. In this case the Administrator shall delete the User’s account from the Online Cinema as well as his personal data. The right envisaged herein may be restricted in accordance with requirements of the current legislation. In particular, such restrictions may envisage the obligation of the Online Cinema to keep the information deleted by the User for a period of time established by the current legislation and submit such information to a public authority in accordance with the procedure approved by the legislation.
    11. The User shall grant his consent to the Administrator’s use of cookies – the technology which sends identification text files to the User’s Device via the Internet to enable saving individual information on the User and identify him in his further use of the Online Cinema.
    12. The Administrator may use cookies, including for the following purposes:
      1. keeping the User’s account data required to enable automatic logging into his account without the User having to enter such data repeatedly. also, for remembering the User’s settings from his previous visits to the Online Cinema (country, language etc) and remembering answers given to questions that Users are asked by the Online Cinema (e. g. sex, age and so on);
      2. receiving detailed technical data on the USer’s activity at the Online Cinema, for instance, the data on the last visited page, the number of visited pages and the time spent there, chosen fragments of the Online Cinema and the interval between mouse clicks. Thanks to having this information the Administrator can determine the most popular sections of the Online Cinema and improve the quality of service;
      3. receiving information on the advertising and information materials viewed by the User.
    13. To modify cookies setting, the User can use his Web browser settings.
    14. When the User employs MEGOGO software applications, the Administrator can receive information on the Device including its model, operating system, screen resolution and the Device’s unique identifier.
  10. INTELLECTUAL PROPERTY
    1. All intellectual property rights to the use of the Online Cinema shall belong to the Company, and the rights to the Content hosted at the Online Cinema - to its legitimate right holders. The Online Cinema and the Content as intellectual property objects shall be subject to legal protection under the current legislation of a specific territory where the User shall be granted access to the Online Cinema and watching the Content, and under international legal rules.
    2. Unless otherwise stipulated in the Agreement or indicated by the Administrator, the user shall not receive intellectual property rights to the Content; in particular, he shall not have the right to playback of the Content units, sale or other way of disposal, public display, public performance, bringing to public domain and so on. The User shall be responsible for violation of intellectual property rights vested in the Administrator, Content copyright holders or third parties, in accordance with the current laws of a specific territory where access to watching the Content is provided, and in accordance with international legal rules.
    3. Any actions intended to bypass the technical means of protection under this Agreement and to gain access to watching such Content shall constitute a breach of copyright, and the User shall bear legal responsibility and other responsibility for such actions, subject to the current applicable legislation.
    4. If the Content or other information provided at the Online Cinema is shown publicly, for instance at entertainment establishments and leisure facilities, organizers of such public showing shall be responsible for it and settle the claims of right holders and/or third parties related to such use of information on their own.
  11. ADDITIONAL CONDITIONS
    1. The present Agreement shall be hosted at the Online Cinema in open access for the User. The most recent edition of the Agreement is available at the address http://megogo.net/ru/rules.
    2. Current legislation of the Republic of Cyprus shall apply to the present Agreement. Issued which are not regulated by the Agreement shall be solved in accordance with the legislation of the Republic of Cyprus.
    3. The present Agreement shall be concluded for an indefinite period and shall cover the Users from the moment of their actual use of the Online Cinema.
    4. All disputes and discordances, claims and demands concerning the present Agreement shall be solved by way of negotiation. If the Parties fail to achieve agreement by way of negotiation, such dispute shall be solved in a judicial proceeding at the location of the Administrator and under the current legislation applicable to the Agreement.
    5. Voidness (nullity) or incompliance with the applicable current legislation of any of the conditions within the present Agreement shall not affect the validity of its other conditions. If any condition of the Agreement is recognized to be void (null), the Administrator shall undertake to promptly replace it with another condition which will be most corresponding to the contents of the condition being replaced but will be valid at the same time.
    6. Headings in the present Agreement are given for reasons of convenience and shall not affect interpretation of articles of the Agreement.
    7. All terms which are written with a capital letter in the text of the present Agreement shall have the meanings given to them herein, and their meanings shall cover all word forms in both singular and plural. Other terms which are used in the present Agreement and are not defined herein shall have the meanings which are defined for them in the current legislation applicable to the present Agreement. The word “including” shall also suggest the notion “without limitation.”
    8. Any obligation of a party to abstain from performing an action shall include the obligation to prevent performance of such action.
    9. If there are any questions, notices, suggestions or claims regarding the Online Cinema, the User can address the Administrator by sending a corresponding letter to the following email address: support@megogo.net or by dialing the following phone number: +38 0 800 751 234 for Ukraine, +38 044 361 22 12 for all countries.
    10. If the User submits a claim regarding the Content hosted at the Online Cinema, including if the User is a copyright holder and such copyright has been violated, the User shall undertake to submit documents to confirm his valid grounds for such claim, provide clear arguments and contact information.
Version as of October 18, 2016