Public offer

Public offer
on providing of services for using content

Moscow

Terms and definitions

“Services” means providing the Content online via the Internet to the User by providing the User access to viewing the Content Package without fee charging, but accompanied with advertising materials, or viewing the Paid Content Package based on a Subscription, or viewing a Paid Content Unit selected and paid by the User on the terms of Ordering Content Unit Viewing;
- distribution of Content Units to Users on the terms of Ordering a Content Unit copy;
- other services, the list, description and cost of which is established by the Contractor on the Contractor website, in the Device Application.
The Contractor provides Content Viewing via the built-in Media Player on the Contractor Website, the Permitted Website, in the Device Application.
“Subscription” means an order by the User (in the case of an order on the Contractor Website - by a Registered User) of Services for providing the User with access to Viewing a Paid Content Package for the Subscription Period. The Subscription is considered to be carried out (made) and accepted for execution from the moment the User pays for the Services for the Subscription Period selected by the User. During the Subscription period, the number of User Viewings and the number of Content Units available for Viewing from the Paid Content package provided by the Contractor by subscription is unlimited.
“Subscription Period” means a certain period of time during which the Contractor provides the User with the Services paid for a given period, namely, providing the User access to Viewing the Paid Content package provided by the Contractor by Subscription. The duration of the Subscription Period at the User’s choice may be: 1 (one), 7 (seven) or 30 (thirty) calendar days, or according to the terms of Subscription with auto- extension. The beginning of the Subscription Period is calculated from the moment of payment.
“Subscription with auto-extension” means Subscription carried out by a User - bank card holder on the following conditions:
- payment for the Services on Subscription basis is made using a bank card;
- duration of the first Subscription Period is determined by the Contractor on the Contractor website and/or in the Device Application;
- duration of the subsequent Subscription Period is 30 (thirty) calendar days, and every time it is automatically extended for 30 (thirty) calendar days until the User refuses to further extension of the Subscription Period on the User Personal page;
- the Contractor is entitled (but not obliged) to set the price of Services for the first Subscription Period on more favorable terms for the User compared to the prices of Services for each subsequent Subscription Period;
- payment by the User for the Services for the first Subscription Period is made by filling in the necessary bank card details on the Contractor Website and/or in the Device Application;
- the User payment for Services for each subsequent Subscription Period is made automatically by debiting the amount of money equal to the price of Services for the Subscription Period established by the Contractor for 30 (thirty) calendar days from the User's bank card;
- confirmation of the User’s consent to pay for the Services by automatic debiting funds from the User’s bank card for each automatically extended Subscription Period shall be filling out the necessary bank card details on the Contractor Website and/or in the Device Application by the User, and paying for the first Subscription Period. 
“Order for Viewing a Content Unit” means an order by the User (in case of ordering on the Contractor Website by a Registered User) of Services for providing the User with access to Viewing a Paid Content Unit selected and paid by the User. The Order for Viewing a Content Unit is deemed completed and accepted for execution from the moment the User pays for the Services for providing access to Viewing the Paid Content Unit selected by him.
When executing the Order for Viewing a Content Unit, the User is provided with access to an unlimited number of Views of the Paid Content Unit ordered by him for a period of time specified by the Contractor, the duration of which is set in the description of the tariffs for the Service/ Paid Content Unit.
“Ordering a Content Unit copy” means an order by the User (in case of ordering on the Contractor Website by the Registered User) of Services for providing the User with access to creating an electronic copy of the Paid Content Unit ordered by him and its further viewing an unlimited number of times during the “Forever” time period.
“Forever” means a symbol of the period of time during which the User who has placed the Order for a Content Unit copy is granted access to Viewing the corresponding Content Unit electronic copy. Depending on the license granted to the Contractor by the copyright holder of this Content Unit, the “Forever” time period may be unlimited (for the entire life of the Contractor Website) or limited by the license period for using this Paid Content Unit in the appropriate manner established by the copyright holder of this Content Unit.
“Site” means a collection of information recorded (reproduced) in the memory of an electronic computer, consisting of one or several web pages, available on the Internet for access to it by any person and identified by its unique address.
“Contractor Site” means a site identified by a domain name (address) http://www.tvzavr.ru, the owner and administrator of which is the Contractor.
“Allowed Sites” means third-party sites through which the Contractor, via the built-in Media Player, distributes the Content to the Users, subject to the terms of license agreements with Copyright Holders.
“Media Player” means a program placed by the Contractor in the form of an add-on (built-in window) on the Contractor Website, on the Permitted Website, in the Device Application, managed by the Contractor and intended for User viewing of the Content and using other Services provided by the Contractor. 
“Device” means any technical device of the User which allows Viewing the Content on the Internet on the appropriate Authorized Website or in the Device Application, including, but not limited to: electronic computer (personal computer, including a desktop computer, laptop, netbook, Internet tablet), cell/mobile phone; smartphone; communicator (Personal Digital Assistant); game manipulator/console, set top box consoles and other similar devices; TV console, TV with Internet connection (Smart TV), media player.
“Device Application” means a program controlled by the Contractor or a third party that allows the User connecting to the Internet and viewing the Device Content, also creating an electronic copy of the ordered Paid Content Unit for further Viewing. At that, the Content Units copies are located on the Contractor’s server and the technical access to Content Units is carried out through this server. Device Applications include, without limitations, third-party applications for Smart TV, Android, and iOS mobile devices.
“User” means any person in the Territory who has accepted this offer and received access to the Site or Device Application via the Internet and the Device.
“Registered User” means a User who has passed the registration procedure on the Contractor Website or in the Device Application, including complete filling out by the User of the registration form on the Contractor Website or in the Device Application and sending it to the Contractor, and in case the Contractor has no objections to the User registration, assigning the User a username and password to access the User Personal page. 
“Personal User Page” means a section of the Contractor Site or Device Application, available for the Registered User, through which the Registered User manages his account and makes other actions related to the use of the Contractor Site or the Device Application.
“Authorization” means filling by the Registered User of his username and password to enter the Personal User Page.
“Contractor” means “TVZavr” Limited Liability Company (address: 119435, Moscow, Bolshoy Savvinsky Lane, building 16, room 1, OGRN 1097746700160, TIN 7716652560), which manages the Contractor Site, Device Applications and Media Player, and provides Services to Users.
“Content” means a package of audiovisual works, other results of intellectual activity, access to the Viewing which the Contractor provides to the User as part of providing the Services based on license (sublicense) agreements with the Copyright Holders. The content is intended for private viewing.
“Content for Free Viewing” means the Content offered by the Contractor to the User for Viewing, access to Viewing which is provided to the User without charging any fee. At that, the such Content is demonstrated together with advertising materials (immediately before or after the Content is demonstrated, by interrupting the Content demonstration by advertising, also parallel demonstration of advertising together with the Content is possible), at the discretion of the Contractor.
“Paid Content” means Content offered by the Contractor to the User for Viewing on the conditions of: Subscription, Order for Viewing the Content Unit, also for creating an electronic copy with subsequent Viewing on the terms of Ordering the Content Unit copy.
“Content Unit” means a specific audiovisual work from the Content. “Paid Content Unit” means a Content Unit, for which the Contractor provides to the User the access for viewing or creating an electronic copy as part of the Services on the terms of the Order for Viewing the Content Unit or the Order of the Content Unit copy.
“Rightholder” means a legal entity or an individual who has an exclusive or non- exclusive right to use the Content and who has legally concluded a license (sublicense) agreement with the Contractor to provide the Contractor with the right to use the Content in ways and to the extent necessary and sufficient to provide the Services to Users.
“Territory” means the territory of a country (countries) in which the Content/ Paid Content/ Paid Content Unit is available to the User for Viewing / creating an electronic copy of the Paid Content Unit and its further Viewing. While in the Territory, the User will get available for Viewing/ creating an electronic copy of the Paid Content Unit and its further Viewing only the Content (including Paid Content/ Paid Content Unit) demonstrated to the User on the Contractor website/ in the Device Application as per the corresponding Service exactly in that Territory. If the User leaves the Territory, the Content (including the paid Paid Content/ Paid Content Unit) will not be available for use by the specified User, while the money paid for the Services which cannot be rendered due to the User’s fault, is not refundable.
“Viewing” means the online User’s access to the Content on the Internet, during which the User has the right to privately view the Content directly on the Contractor Website, the Permitted Website or in the Device Application in any place (within the Territory) and at any time (within the time limit of providing Services) at his choice, through the Device. Viewing, in addition to viewing audiovisual works, including listening to phonograms and other Content.
“Rules for providing services” means the procedure for the provision of Services established by the Contractor, contained on the Contractor website, in the Device Application. Prices for Services are set by the Contractor and posted on the Contractor Website, in the Device Application. The list of paid content available by subscription, as well as content for free viewing, can be changed by the Contractor. The Contractor has the right to terminate access to Content available by Subscription or without charging before, due to the expiration of the Contractor’s right to use such Content or for any other reasons.
“tvzavr promo code” means a unique access code (in the form of a sequence of numbers and/or letters) provided to the User on the terms of promotion (hereinafter referred to as the Promotion) to Viewing Paid Content on the Contractor website or in the Device Application for crediting in the User’s personal page of the amount specified under the conditions of the relevant Promotion and/or accounting on the User’s personal page of the information contained on the carrier of the tvzavr promotional code, which is used for paying the Services. Depending on the conditions of the Promotion, the tvzavr promotional code may be contained on a physical carrier accompanied by information on its use (on paper, plastic card, packaging of a specific product, etc.), and in electronic form (in a file, electronic message). 

1. General Provisions 
1.1. In accordance with Art. 437 of the Civil Code of the Russian Federation, this offer is an official, public and irrevocable offer of the Contractor, represented by the General Director Vladimir Vladimirovich Shcheglov, addressed to the Users, to conclude an agreement on the conditions contained in this offer (public offer).
1.2. The full and unconditional acceptance of this public offer is viewing and any other use by the User of the Contractor's Site or the Device Application (including the Media Player), or the use of the Media Player by the User on the Permitted Site, as well as the User registration on the Contractor's Site or in the Device Application (Art. 438 of the Civil Code of the Russian Federation).
1.3. Acceptance of the offer means that the User agrees with all the provisions of this offer and undertakes to follow them. From the moment the User accepts this offer, this offer is considered an Agreement concluded between the Contractor and the User on the terms and conditions established in this offer and on the Rules for the provision of services contained on the Contractor's website in the Device Application.

2. Subject of Agreement 
2.1. The Contractor undertakes, under the conditions established by this Agreement and the Rules for the provision of services, to provide the Services to the User, including:
- providing the User with access to Content Viewing without charging a fee, but accompanied by advertising materials;
- providing the User with access to Viewing Paid Content based on Subscription;
- providing the User with access to the Viewing the Paid Content Unit selected and paid by the User on the terms of an Order for Viewing the Content Unit;
- providing the User with access to creating of an electronic copy of the Paid Content Unit ordered by him and its further Viewing on terms of an Order of a Content Unit copy;
- providing the User upon the tvzavr Promo Code activated by him (entered by him on the User’s Personal Page) with access to Viewing of certain Paid Content, available in accordance with the terms of the Promotion on the basis of Subscription and/or Order for Viewing the Unit Content and/or the Order for a Content Unit copy, with for crediting in the User’s personal page of the amount specified under the conditions of the relevant Promotion and/or accounting on the User’s personal page of the information contained on the carrier of the tvzavr promotional code, which is displayed in the User’s Personal page when confirming the activation of the tvzavr promotional code. Granting the User with access to Viewing Paid Content using the tvzavr Promo Code is subject to the restrictions established in clause 3.4 of this Agreement;
- other services, the list, description and cost of which are established by the Contractor on the Contractor’s website, in the Device Application, and the User undertakes to properly comply with the conditions established by this Agreement, including appropriate and full payment for the Services for providing access to Paid Content which he uses. 

3. Procedure for providing Services 
3.1. The User registration on the Contractor’s Website and in the Device Application is not required the User access the Content for free Viewing, neither is payment for access to the specified Content.
3.2. The User registration on the Contractor’s website for ordering Services for providing access to Paid content/ Paid Content Unit on the Contractor’s website is obligatory. In case of registration by phone, the User agrees to SMS notifications by the User’s phone number. The User registration in the Device Application for ordering Services for providing access to Paid content/ Paid Content Unit in the Device Application is optional (not obligatory), except when using the tvzavr Promo Code.
3.3. The Contractor provides Services for providing the User with access to Paid content (on the terms of Subscription, Order for Viewing a Content Unit or Order for a Content Unit copy) is carried out only after the User pays the ordered Service in full.
3.4. The Contractor provides Services for providing the User with access to Paid content using the activated tvzavr Promo Code is subject to the following restrictions:
3.4.1. The maximum number of activations of tvzavr Promo Codes by one Registered User on his User’s personal page during one calendar month is 5 (Five) activations.
3.4.2. Activation of the tvzavr Promo code is possible only within a period determined by the conditions of the Promotion in which the given tvzavr Promo code was received.
3.4.3. The tvzavr Promo Code cab be activated only for the Registered User, one time and on one User’s Personal Page. The tvzavr Promotional Code activation instruction is contained on the Contractor's Website page: https://www.tvzavr.ru/promo and in the Device Application.
3.4.4. The tvzavr promotional code does not provide the User with the right to receive any money funds. With the tvzavr Promo Code activated by the User, on the User’s personal page, the Contractor credits the amount indicated in the conditions of the relevant Promotion and/or accounts the information contained on the tvzavr Promo Code carrier, which the User is entitled to use exclusively to pay for the Contractor's Services.
3.4.5. The activated tvzavr promotional code gives the right to access the viewing Paid Content only to the Registered User who has activated it. The activated tvzavr promotional code is not subject to disposition, assignment to a third party.
3.5. Methods of payment for the Services are provided for in clause 6.4 of this Agreement. 

4. User registration 
4.1. For the User registration on the Contractor's Website, the User agrees to provide to the Contractor a registration form (questionnaire), having filled it in with reliable, complete and accurate information about himself, and to keep it up to date.
4.2. From the moment of registration on the Contractor’s Website, the User gets the opportunity to make an order of (payment for) Services for providing access to Paid Content/ Paid Content Unit on the Contractor’s Website. The order of (payment for) Services for providing access to Paid content/ Content Unit in the Device Application may be carried out without registration.
4.3. The User agrees that the actions performed on the Site/ in the Device Application after Authorization of the Registered User (by his username and password) are recognized as the actions of the Registered User.
4.4. By registering on the Contractor’s Website/ in the Device Application, the User gives a consent for the Contractor to use and process of the User information specified during registration, including personal data, in order to execute this Agreement concluded with the Registered User, to ensure the operation of the Contractor’s Website/ Device Application for providing access to Paid Content/ Paid Content Unit, as well as for the means of information services for the Registered User, with statistic or other research purposes, except for the purposes specified in the article 15 of Federal Law 27.07.2006 N 152-FZ "Personal data", with the provision of compulsory depersonalization of personal data. The processing of these data (including personal data) is understood as any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of data. By registering on the Contractor's website/ in the Device Application, the User also agrees for the transfer by the Contractor of the registration data (including personal data) of the User to third parties for the execution of agreements concluded by the Contractor with third parties.
Filling in the details of the bank card on the Contractor’s Website/ in the Device Application for payment of Subscription with auto-extension, the User gives consent for the Contractor and third parties - owners of payment systems automatically debiting money from the user's bank card in accordance with the terms of payment of Subscription with auto-extension, to use and process the User’s bank card data, in order to execute this Agreement concluded with the User, and to automatically debit money funds from the User's bank card to pay for subscriptions with auto-extension, as well as for the Contractor to transmit such User's data to third parties - the owners of these payment systems.
4.5. By registering on the Contractor's website/ in the Device Application, the User agrees to receive information messages to the email address specified during registration, mobile phone number (non-geographical number).
4.6. The Registered User is responsible for security of the login and password, as well as for all actions performed by the Registered User after Authorization. The registered User is obliged to immediately notify the Contractor of any case of unauthorized access with his username and password and/or any security breach. The Contractor is not liable for damage caused as a result of unauthorized access to the User’s Personal Page.
4.7. A registered User is not entitled to create a User’s Personal Page (User’s Personal Pages) for the purpose of selling or otherwise transferring to a third party (third parties) the login and password for his (their) access. A registered User is not entitled to sell or otherwise transfer to a third party (third parties) his username and password to access the User’s Personal Page without the consent of the Contractor. In order to obtain the said consent, the User must contact the Contractor with a corresponding written note, indicating there his passport data and passport data of a third party to whom it is planned to reassign the username and password to access the User’s Personal Page. At that, the Contractor has the right, at its discretion, to give its consent or refuse to do that, without disclosing the reasons.
4.8. In the event that the Registered User transfers the login and password to any third party, all responsibility for the actions of this third party on the Contractor's website/ in the Device Application are borne by the Registered User. 

5. General Terms and Conditions for Using Content for Free Viewing 
5.1. The User must not violate, block or otherwise damage any security features of the Site, the Device Application, the Media Player or the means preventing or limiting the use or copying of any Content (in the case copying is not included in the provided Service) or imposing restrictions on the Content use.
5.2. The user is not entitled to use the Content for commercial purposes, including providing paid access to the Content, using the Content to generate advertising revenue or getting a monthly fee.
5.3. The User has the right to use the Content exclusively by private Viewing and is not entitled to use the Content (partially or fully) in any other way.
5.4. Any other use of the Content, besides private viewing, is a violation of this Agreement and intellectual property protected by law, and it will be prosecuted and may result in punishment under Art. 146 of the Criminal Code of the Russian Federation, or under Art. 7.12 of the Code of Administrative Offenses of the Russian Federation, also claiming provided for in Art. 1252 of the Civil Code of the Russian Federation, and/or entail punishment and other measures under the law applicable in the Territory.
5.5. Content for free viewing is available to the User by using the Media Player on the Contractor’s Website, on the Permitted Website or in the Device Application. The User agrees that the demonstration of Content for free viewing may be accompanied by the demonstration of advertising immediately before or after the Content demonstration, by interrupting the Content demonstration by advertising, also by parallel advertisement demonstration with the Content, at the discretion of the Contractor. The User also agrees that the Contractor has the right to use the data obtained during the placement of the advertisement about which advertisement the User is interested in, in order to use this data in the future when selecting and placing similar advertisements for the User on the Contractor’s Website, the Permitted Website and in the Device Application. 

6. Terms of use and payment for Paid Content 
6.1. Access to Viewing Paid Content on Subscription is granted to the User who has subscribed for a paid Subscription Period of 1 (one), 7 (seven) or 30 (thirty) calendar days (at the User’s choice) or on the conditions of Subscription with auto-extension. The duration of one calendar day is 24 hours. The calculation of the Subscription Period begins from the moment the User successfully completes the payment of the Subscription in full for the Subscription Period chosen by him, and the User gets access to Viewing Paid Content on Subscription. Specifications of the Subscription Period and payment for Services on the terms of Subscription with auto-extension are contained at the beginning of the Agreement in the definition of the term "Subscription with auto- extension".
6.2. Access to Viewing the Paid Content Unit is provided to the User who completed the Order for Viewing the Content Unit. The period within which the access is provided based on this paragraph of the Agreement is set out in the description of the tariffs for the Services/ Paid Content Unit. At that, the number of Views ordered by the User of the Paid Content Unit in the specified access period is unlimited. The calculation of the period of access to Viewing the Paid Content Unit begins from the moment the User fully completes the payment transaction for Order for Viewing the Paid Content Unit and the User gets access to Viewing the Paid Content Unit paid for by him.
6.3. Access to creating an electronic copy of the Paid Content Unit ordered by the User and its further viewing is provided to the User who has completed the Order of a Content Unit copy. Access provided for in this clause of the Agreement is granted for a period of time defined by the term “Forever” in this Agreement. At that, the number of Views of an electronic copy of the ordered Paid Content Unit created by the User during the specified access period is unlimited. Access to copying of the Paid Content Unit begins from the moment the User fully completes the payment transaction for the Order for a Content Unit copy, and the User gets access to copy the Paid Content Unit paid for by him.
6.4. Payment for the Service for providing the User with access to Paid content (based on Subscription, including Subscription with auto-extension, Order for Viewing Content Unit and/or Order for a Content Unit copy) is made in Russian rubles and only through payment systems available on the Contractor's website or in the Device Application. The list of available payment systems is established by the Contractor independently at its discretion and can be changed by the Contractor at any time without notifying the User. If the price of the Service is indicated in foreign currency, the payment for the Service is made and accounted in Russian rubles at the exchange rate of the Central Bank of the Russian Federation on the day of payment. Payment for the Service to provide the User with access to Paid content using (activating) the tvzavr Promo Code is possible in accordance with the terms of the Promotion and/or the information contained on the tvzavr Promo Code carrier and subject to the restrictions defined in paragraph 3.4 of this Agreement.
6.5. Payment for the Services shall be deemed fulfilled upon receipt of the relevant confirmation on the payment system page. When the User uses the tvzavr Promo Code to pay for the Services, the amount indicated in the conditions of the corresponding Promotion and/or in the information contained in the tvzavr Promo Code carrier is credited on the User’s personal page and can be used by the User to pay for the Services ordered from the moment the User receives confirmation of activation of the tvzavr Promo code on the User’s Personal page.
6.6. When paying by credit cards, the refund is made only to the card with which the initial payment was made, and only by agreement with the Contractor.
6.7. The simultaneous access to Paid Content is provided only on one Device. In order to access the Paid Content on another Device, you must complete the work on the first Device.
6.8. If the Contractor, through his own fault, cannot provide the User with access to the Paid Content/ Paid Content Unit paid by him (based on Subscription, Order for Viewing Content Unit and/or Order for a Content Unit copy) for more than 24 (twenty four) hours, the User has the right to demand the refund of the amount of money paid by him for the Service, which was not provided to the User through the fault of the Contractor, and the Contractor undertakes to refund the amount of money paid to the User for Services not provided through the fault of the Contractor.
6.9. In order to refund money paid for the Services not rendered to the User through the fault of the Contractor, the User must save e-mails sent by the Contractor and/or the bank which confirm the fact of payment for the Services until the end of the providing the Services to the User.
6.10. Paragraph 6.8 of this Agreement does not include cases of access termination to any Paid Content Units from the Paid Content package available by the User's Subscription made due to the expiration of the Contractor’s rights to use such Paid Content Units.
6.11. The list of Paid Content available by Subscription, also Content for Free Viewing, may be changed by the Contractor at any time without notifying the User.
6.12. By placing a Service order for the access to Viewing Paid Content/ Paid Content Unit (based on Subscription, Order for Viewing a Content Unit and/or Order for a Content Unit copy), the User agrees that:
6.12.1. the quality of viewing of paid content/ paid content unit will not be better than the quality of viewing content for free viewing on the Contractor’s website/ device application;
6.12.2 the quality of viewing Paid Content/ Paid Content Unit, as well as Content for free Viewing, depends on the speed of the Internet. The Contractor cannot guarantee satisfactory quality of Content Viewing if the Internet speed for the content transfer is less than 1 Mbps.

7. Contractor Rights 
7.1. The Contractor reserves the right, at its sole discretion, to modify or delete any information published on the Contractor's Website/ in the Device Application, to suspend, restrict or terminate the User’s access to all or any of the sections or services of the Contractor’s Website/ Device Application at any time by any reason or without explanation, with or without prior notice, without being liable for any harm that may be caused to the User by such an action.
7.2. The Contractor has the right to establish any restrictions on the use of the Contractor's Site/ Device Application, Content, to unilaterally modify this Agreement at any time by publishing on the Contractor’s Website a new version of the Contractor’s public offer, without notifying the User and without obtaining the consent of the User.
7.3. The Contractor has the right to place advertising and/or other information in any section of the Contractor's Site/ Device Application the without the consent of the User.
7.4. In the event that the User violates the terms of this Agreement, the Contractor has the right to suspend, restrict or terminate access of such a User to all or any of the sections and/or services of the Contractor's Site/ Device Application unilaterally, at any time, with or without explanation, with or without prior notice, being not liable for any harm that may be caused to the User by such actions (including terminating the Agreement by deleting the User’s data from the Site/ Device Application). 

8. User Responsibilities 
The User agrees:
8.1. not to register as a registered User on the Contractor Website / Device Application more than once, using different names, email addresses, etc.;
8.2. not mislead the Contractor and/or other Users regarding his identity;
8.3. not post on the Contractor's Site/ Device Application the home addresses, phone numbers, email addresses, passport data and other information of any third parties without their personal consent to such actions;
8.4. not to carry out actions aimed at gaining access to someone else’s Personal Account by selecting a username and password, hacking or other actions.
8.5. to independently monitor changes in the terms of the Agreement, to periodically re-read the terms of the Agreement on the Contractor’s website/ in the Device Application.

9. General Provisions 
9.1. The Contractor undertakes all actions depending him to ensure the uninterrupted operation of the Contractor's Website/ Device Application, but he is not responsible for interruptions in its work (including emergency, preventive), for insufficient quality or speed of data provision, for full or partial loss of any data posted on the Contractor's Website/ in the Device Application, or for causing any other losses that occurred or may occur when using the Contractor's Website/ Device Application.
9.2. The Contractor reserves the right without prior notification, as well as without any obligations to the User (with the exception of the obligation to return to the User the amount paid by him for the Services not provided to the User due to the termination of functioning of the Contractor's Website/ Device Application), to terminate the operation of the Contractor's Site/ Device Application and/or the access to the Content provided on it, as well as change the conditions for providing access to the Content and the terms and conditions of its placement through publication on the Contractor's website/ in the Device Application.
9.3. The Contractor is not responsible for the absence of possibility of storage, inaccurate, incorrect or untimely provision of any data and information.
9.4. The Contractor does not provide any guarantees, which means: - access to the Content is provided to the User solely for private viewing. The Contractor assumes no responsibility for the content of the Content, including for the compliance of the Content with the purpose of the User;
- The Contractor does not guarantee that the Content will comply with the requirements of the User;
- that the Content will be provided continuously, quickly, reliably and without errors;
- that the quality of any Content will meet the expectations of the User;
- the Contractor is not responsible for any direct and/or indirect losses incurred due to: the use of the Content or the inability to access the Content; unauthorized access to the communications of the User; statements or behavior of any third party on the Site/ in the Device Application.
9.5. The User and the Contractor agree that all disputes and disagreements that may arise from this Agreement or in connection with it will be resolved through negotiations. If agreement is not reached, all disputes regarding this Agreement shall be resolved in accordance with the law of the Russian Federation.
9.6. Any court decision that any provision of this Agreement is invalid or not enforceable does not entail the invalidity or unenforceability of other provisions of the Agreement.
9.7. Inaction of the Contractor in case of violation by the User of any provisions of this Agreement does not deprive the Contractor of the right to take appropriate actions to protect his interests later, and also does not mean the Contractor's waiver of his rights in case of such or similar violations or violations of other provisions of this Agreement. 
9.8. The user hereby confirms that he has reached the age of 18, he is fully capable, no guardianship has been established over him in any form.
9.9. The results of intellectual activity (design elements, graphic images, illustrations, photographs, audiovisual works, computer programs, performances, phonograms, company names, trademarks, etc.) posted on the Contractor's website/ in the Device Application belong to the Contractor and/or are used by the Contractor in accordance with a license agreement with the respective copyright holder. Any other use thereof, other than viewing (including copying, in case when copying is not included in the provided Services, processing, etc.), is a violation of this Agreement and the intellectual rights protected by law, they will be prosecuted and may result in punishment under Art. 146 of the Criminal Code of the Russian Federation, or under Art. 7.12 of the Code of Administrative Offenses of the Russian Federation, as well as claiming based on Art. 1252 of the Civil Code of the Russian Federation and/or may entail punishment and other measures under the law applicable in the Territory.
9.10. By using the Contractor’s Website or the Device Application (including the Media Player), the User gives consent to the Contractor to use and process the User’s data - text files posted on the User’s Device, in order to analyze his user activity (cookies) received on the Contractor’s Website or in the Device Application through the "cookie" technology, to organize the work of the Contractor's Site/ Device Application and increase the efficiency of communication with Users. The use by the Contractor of the specified User's data (cookies) is carried out in order to execute this Agreement concluded with the User, to ensure the effective operation of the Contractor's Site/ Device Application to provide access to Paid Content/ Paid Content Unit, as well as for providing information services to the Registered Users, for analytical, statistical or other research purposes, with the exception of the goals specified in Article 15 of the Federal Law dated July 27, 2006 No. 152-FZ “On Personal data" with the condition of compulsory depersonalization of personal data. The processing of such data refers to any action (operation) or set of actions (operations) performed with data using automation tools or without using such tools, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), retrieval, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of data. By using the Contractor's Website/ Device Application (including the Media Player), the User also gives consent to the Contractor to transfer the specified User's data (cookies) to third parties for the execution of Agreements concluded by the Contractor with third parties. 

10. Final provisions
10.1. Legal relations arising in connection with this Agreement are governed by the legislation of the Russian Federation, unless otherwise provided by international treaties.
10.2. Information about the User received by the Contractor as a result of providing services under this Agreement is confidential. The Contractor is responsible to the User for the disclosure of confidential information, as well as for the use of this information, unless it is necessary for the purposes of the execution of this Agreement and/or it is provided for in this Agreement.
10.3. For the failure to fulfill and/or improper fulfillment of their Obligations under this Agreement, the Parties bear liability under the laws of the Russian Federation.
10.4. For issues not regulated by this Agreement, the Parties shall be governed by the current legislation of the Russian Federation.
10.5. In case of disagreement, disputes or claims, the Parties undertake to take all measures to resolve them through negotiations. In case of no ability to settle the dispute through negotiations within 10 (ten) business days, the Parties shall establish a mandatory pre-trial claim procedure for resolving the dispute. If a claim is received, any of the Parties is obliged to consider the claim and send proposals to the other Party regarding the settlement of the claim within 10 (ten) business days from the date of its receipt.
10.6. If the Parties do not agree on claimed issues during the period for the claim consideration referred to in Article 10.5. of this Agreement (including the absence of a response to the claim and a refusal to satisfy the claim), the claim shall be filed to the court at the location of the Contractor (magistrate or district court of general jurisdiction, depending on the jurisdiction of the civil case). In the process of consideration and resolution of the claim, the norms of substantive and procedural law of the Russian Federation will be applied. 

The order and local acts of "TVZavr", LLC on personal data are available at tvzavr.ru in the Public Offer section.