Regulations for consideration of appeals

These Regulations are an official document of MatreshkaTV LLC and define the policy of the MatreshkaTV Platform, its rights and obligations, as well as the rights, duties and responsibilities of Users and third parties in relation to claims, complaints and appeals in connection with the content posted by users on the platform.

The Regulations serve to protect the rights and interests of content copyright holders, other users and site visitors.

In case of contradictions between the rules (policies) of the MatreshkaTV Platform and these Regulations, the provisions of the Regulations are subject to application, unless the relevant policies explicitly state that these Regulations or its individual provisions are not applicable to them.

1. With regard to the procedure for reviewing complaints and appeals, the MatreshkAT Administration uses the following principles:

1.1. Legality. There are no technical solutions in the information system of the site and its software that automatically censor and control the actions and information relations of users on the use of the site

1.2. The presumption of good faith of users. 

The administration of the MatreshkaTV Platform expects that the Users of the site comply with the requirements of the legislation of the Russian Federation and faithfully use the information resources of MatreshkaTV.

The established procedure for reviewing complaints and appeals provides Users of the MatreshkaTV Platform with the opportunity to protect their own interests and rights by sending reasoned statements of disagreement with the complaints and appeals stated in relation to their content. 

Site visitors who believe that the content posted on the MatreshkaTV Platform is illegal, violating their rights and interests, have the right to initially contact the User who posted this content. If it is impossible to resolve the conflict situation directly with the User, the Visitor has the right to file a complaint / appeal in accordance with the policy of these Regulations.  

1.3. Responsibility and support for MatreshkaTV dolls with content that violates the rights and interests of visitors.

The administration of the MatreshkaTV Platform only provides its services to users. At the same time, the site has neither legal grounds nor technical capabilities to track every user action and assess its legality or illegality. This position regarding responsibility for user content was indicated in a joint appeal to copyright holders and Russian legislative bodies by the heads of the largest Russian Internet resources of Yandex, Mail.Ru , Google, VKontakte and the combined company Afisha and Rambler on October 15, 2010

The use of the Matreshkatv Platform (including mobile applications) is governed by the User Agreement of the MatreshkaTV Platform, these Regulations, the Privacy Policy, the Terms of Use of the MatreshkaTV Platform and other rules posted on the Site and its subsections, the terms of which the User accepts voluntarily and completely, without any exceptions. 

2. Filing complaints and complaints about user content.

2.1. In case of claims or requests to the MatreshkaTV Platform, as well as in case of identification of any alleged violation of property or personal non-property rights of persons in connection with the content posted on the MatreshkaTV Platform, the User may notify the Site Administration of the alleged violation of their rights by sending a complaint or statement (hereinafter referred to as an Appeal) using the "complain", located on the content panel bar.  By sending an Appeal, the User agrees that his Appeal may be transferred by the Site Administration to third parties (including the Authors) for the purpose of a comprehensive and complete consideration of the Appeal. If the User is an individual, the User agrees that, along with his Request, the User's data contained in such Request will also be transferred to third parties. The consent of the User, an individual, to the transfer by the Site administration to third parties of his personal data contained in the Request, for the purposes specified in this paragraph, is expressed by sending the User an Appeal to the Administration of the MatreshkaTV Platform. 

2.2. If the user has posted content (photos, videos, etc.) on the MatreshkaTV Platform and thereby violated personal non-proprietary intellectual rights, as well as other personal non-proprietary rights of third parties in connection with the content posted on the MatreshkaTV Platform, the User may notify the Site Administration of the alleged violation of their rights by sending the Administration of the MatreshkaTV Platform an Appeal by means of the "complain" function located on the content panel bar and selecting "Violation of my rights", then "Copyright infringement.

By submitting an Appeal, the User agrees that his Appeal may be transferred by the Site Administration to third parties (including users who posted controversial content) in order to comprehensively and fully review the Appeal. If the User is an individual, the User agrees that, along with his Request, the User's data contained in such Request will also be transferred to third parties. The consent of the User, an individual, to the transfer by the Site administration to third parties of his personal data contained in the Request, for the purposes specified in this paragraph, is expressed by sending the User an Appeal to the Administration of the MatreshkaTV Platform. 

The appeal, namely a statement of violation of copyright and (or) related rights, must contain: 

2.2.1. information about the copyright holder or a person authorized by the copyright holder (if the application is sent by such a person) (hereinafter referred to as the applicant): 

a) for an individual - surname, first name, patronymic, passport data (series and number, issued by whom, date of issue), contact information (phone and/or fax numbers, e-mail address); 

b) for a legal entity - name, location and address, contact information (phone and/or fax numbers, e-mail address); 

2.2.2. information about the object of copyright and (or) related rights posted on the MatreshkaTV Content Platform without the permission of the copyright holder or other legal basis; 

2.2.3. an indication of the domain name and (or) network address of the content on the MatreshkaTV Platform, on which information containing the object of copyright and (or) related rights is posted without the permission of the copyright holder (Applicant) or other legal basis; 

2.2.4. an indication of the copyright holder's rights to the object of copyright and (or) related rights, content posted on the MatreshkaTV Platform without the permission of the copyright holder or other legal basis;

2.2.5 an indication of the lack of permission from the copyright holder to post information on the MatreshkaTV Platform containing the object of copyright and (or) related rights; 

2.2.6. the applicant's consent to the processing of his personal data (for the applicant - an individual);

2.2.7. If the application is submitted by an authorized person, a copy of the document (in written or electronic form) confirming his authority is attached to the application.

3. Consideration Of Applications

3.1. The period for consideration of an Application submitted in accordance with clause 2.1. of these Regulations is 7 (seven) working days, unless another special response period is expressly provided for by Russian legislation.

3.2. Upon receiving a Request for copyright infringement, the Administration of the MatreshkaTV Platform will send the specified Request to the User who posted the disputed content, since the User is responsible for the posted content, according to the User Agreement and other documents of the site. If the User who posted the disputed content receives confirmation (confession) of his guilt in copyright infringement by posting the disputed content on his Personal Channel and refusing to delete it, the Administration of the MatreshkAT Platform will block the specified content. 

The administration of the MatreshkaTV Platform, without the User admitting guilt of copyright infringement, cannot independently delete the disputed content, since deleting information may lead to violation of the User's rights. The site Administration, as an information intermediary, does not have the opportunity to verify the accuracy of the information sent by the Applicant (the alleged copyright holder). At the same time, the applicant may send false information about his rights to the result of intellectual activity. In this regard, the site Administration has the right to delete the content only after the User admits guilt of copyright infringement.

Also, the Administration of the MatreshkaTV Platform, in case of detection of incompleteness of information, inaccuracies or errors in the Application, may send to the applicant, within twenty-four hours from the moment of receipt of the Application, a notification of clarification of the submitted information. 

About the verification results  The administration of the MatreshkaTV Platform will send a reasoned response by e-mail. If there is a need to obtain additional documents (information)  The administration of the MatreshkaTV Platform or the user (applicant or respondent) to clarify the details of the Appeal can contact by telephone, at the number indicated in the Appeal or the user's personal account. 

4. The result of consideration of the Application.

4.1 The deadline for providing a response to an Appeal submitted in accordance with clause 2.1. of these regulations is 3 (three) business days after the expiration of the period for consideration of such an Appeal. The administration of the MatreshkaTV Platform reserves the right not to send a written response to the Appeal, in case the content specified in the Appeal is deleted. 

4.2. Upon establishing the fact of copyright infringement, a warning for violation will be sent to the violator, which will be sent to the email address specified in the user's personal account and the fact of the established violation will also be displayed in the personal account in the form of an icon indicating the number of warnings.

If the account has 3 warnings within 90 days, then the Administration of the MatreshkaTV Platform unilaterally has the right to delete the account with blacklisting without the possibility of restoring it.

The administration of the MatreshkaTV Platform provides an opportunity for the user, whose content has been contacted, to send a response (appeal) in the format of a message with the possibility of attaching files. 

5. Responsibility. 

5.1. The User is responsible for all costs (including compensation for losses, damages, fines, court and other costs and expenses) of the Site Administration, in case of any claims by third parties, including claims related to the protection of intellectual rights of third parties, and for any obligations incurred by the Administration the Site in connection with the requirements of third parties related to the User's violation of the terms of the Agreement. The User undertakes to take all necessary and sufficient measures aimed at excluding the dolls from the list of respondents to such requirements.

5.2. If the User has sent a request to delete the content by mistake or has no further complaints, then he is obliged to write to the mail support@matreshka.tv with a request to reject the submitted application.

5.3. When submitting Requests for the removal of content, the User is obliged to confirm the copyright to the specified content, since filing false complaints may lead to the blocking of the applicant's account.