Terms of Use of the Matreshkatv platform
Supplement to the General User Agreement of the Matreshkatv platform
Preamble
A. This User Agreement (hereinafter referred to as the "Agreement") is a public offer to the address of any adult individual (
B. The User undertakes to use the Platform https://matreshka.tv /, (to post and/or delete Content (hereinafter referred to as "Content")) on the terms determined by this Agreement and the acts adopted and posted by the Administration, as well as in accordance with the norms of the current legislation of the Russian Federation, and not to interfere in the operation of the Platform https://matreshka.tv / and do not attempt to access Content and features Platforms, in ways not directly provided by the Administration.
C. Platform https://matreshka.tv / the Policy of this Agreement is guided by Articles 434,435, 437 of the Civil Code of the Russian Federation, which provide that the User's actions to use the Platform, its individual functions, in any way and in any form within the declared following functionality, including, but not limited to:
(a) registration and/or authorization on the Platform or in any services of the Platform;
(b) access to the Platform or to any services using a Mobile Application developed for the Platform;
(c) other use of the functionality of the Mobile Application and/or Platform or any services of the Site,
is an action on the direction of the Acceptance – consent by the User, creates a contract for a Public Offer (hereinafter referred to as the "Offer") on the terms of this Agreement and the requirements of mandatory documents specified in it. The offer is valid in electronic form and does not require paper registration.
By taking advantage of any of the above opportunities to use the Platform, the User confirms the following:
In (1). Read the terms of this Agreement and the Mandatory Documents specified therein in full before using the Platform or any Platform services.
In (2). Accepts all the terms of this Agreement and the Mandatory Documents specified therein in full without any exceptions and restrictions on the part of the User and undertakes to comply with them or in case of disagreement with any terms of this Agreement, the User is obliged to completely refrain from using the Platform or any Platform services in any whatever the form. Ignorance, lack of familiarity with the terms of this Agreement (and/or any of the Mandatory Documents) does not release the User from responsibility for non-compliance with its terms.
In (3). Marking in the appropriate field during registration / authorization on the Platform, as well as using the Login and Password to access the personal account and/or any services of the Platform, including mobile applications in conjunction with other User actions (including, but not limited to: (a.) authentication, (b.) passing the verification procedure the electronic signature of the User, (c.) verification of identifying data, are recognized by the Parties as an analogue of the User's handwritten signature when processing (via software) electronic documents, sent from the User to the Administration (and/or exchanged between the Parties), including obtaining any necessary consents, including being recognized by the Parties as compliance with the written form of the transaction in compliance with the requirement for a signature, in the case of a transaction by a person using electronic or other technical means that allow the content to be reproduced unchanged on a tangible medium transactions, and the User's actions indicated above, are considered to be agreed upon by the Parties in a way that allows to reliably determine the person who expressed his will in concluding the transaction.
D. This Agreement may be amended and/or supplemented by the Site Administration unilaterally without any special notice. This Agreement is an open and publicly available document. The current version of the Agreement is located on the Internet at https://matreshka.tv/footer/rules/terms . The Site Administration recommends that Users regularly check the terms of this Agreement for changes and/or additions. Continued use of the Site by the User after making changes and/or additions to this Agreement means acceptance and consent of the User with such changes and/or additions.
E. When the User applies to the Administration, the latter has the right to request from the User documents confirming the information specified in the request and the User's right to send such an appeal. If the User fails to provide the documents or information requested by the Administration, the Administration has the right not to perform any actions in connection with the User's request.
F. Using the Platform https://matreshka.tv /, (including mobile applications), including any Platform services, is governed by this Platform User Agreement https://matreshka.tv / and other "Mandatory documents", namely:
- Appendix "A" to the GPS "Privacy Policy of personal data for Platform users" https://matreshka.tv/footer/rules/privacy ;
- Appendix "B" to the GPS "General consent to the processing of personal data";
- Appendix "B" to the GPS "Consent to the sending of advertising messages and the processing of personal data";
- Appendix "G" to the GPS "Terms of licensing by the user of their content posted on the Platform https://matreshka.tv/footer/rules ";
- Appendix "D" to the GPS "Individual Media Indicator of Behavioral Activity of IMPA";
- Appendix "E" to the GPS "Integration with the functionality of specialized services of Monetization Integrators";
- Appendix "Z" to the GPS "Direct prohibitions related to the placement of content on the Platform, MATRYOSHKA.TV";
- Appendix "I" to the GPS "Information Intermediary";
G. This Agreement and the Mandatory Documents are recognized by the Parties as a signed contract in writing by drawing up one document (including electronic) signed by the Parties, in accordance with the procedure provided for in paragraph (B) (3) of this agreement. The User must print or save a copy of this Agreement and Mandatory Documents on a local disk, as well as maintain such copies in an up-to-date version.
H. Rights to the Site as a whole and to use the network address (domain name https://matreshka.tv /) belong to the Site Administration. The latter provides access to the Site to all interested parties in accordance with these Rules and the current legislation of the Russian Federation.
I. This Agreement establishes the conditions under which the rights to use information and results of intellectual activity (including, but not limited to literary, musical, audiovisual works and phonograms, graphic and design works, photographic works, computer programs) as part of separate sections of the Site may belong to the Users of the Site and other persons who independently created and/or who placed the specified objects on the Site without the direct participation of the Site Administration.
1. Terms and definitions
MATRYOSHKA.TV, "MATRYOSHKA Platform.TV" "System", "Website" — integrated hardware and software technological complex of the Administration, which is the result of intellectual activity in the form of a computer program (which is a set of Content, various technologies of the Administration: the program code of the Technology, System technologies, the program code of the MATRYOSHKA System.TV, Website https://matreshka.tv / and their design or any service (including mobile applications), as a whole and its individual elements posted on the Site (hereinafter, the "Database")), and containing accessible (as a rule, after passing the registration / authorization Procedure) to an indefinite circle of persons (from among the Users) Content and, allowing, under the conditions established by the Administration, to view, upload, post, store Content via the Internet via an IP address, access it, promote and perform other actions with respect to such Content from any place and at any time (unless any additional restrictions are set) at their own choice through the User's Device using any technologies, standards and protocols (web, wap, IP TV, etc.) compatible with the functions/ services / technologies of the Platform, including specially designed to bring audio, video and audiovisual works to the general attention of Internet users.
Unless otherwise stipulated by the text of this Agreement, all Materials, Information, Content, Player, MATRYOSHKA System.The TV sets are intended exclusively for personal, non-commercial use by the User within the technical capabilities provided by the Platform or any of its services. Any copying, reproduction, processing, distribution, communication to the public, circumvention of technical protection means, or other use of Content, Player, MATRYOSHKA System.TV or Databases, or their individual components, outside the scope of the possibilities provided by the Site (including for advertising and promotion of goods and services of third parties without the consent of the Administration), as well as any use for commercial purposes, unless otherwise expressly stated by the Administration in the text of this Agreement, is prohibited.
"User" is an adult with full legal capacity who meets the requirements of this Agreement, is located in the Territory, has accepted the terms of this Agreement and Mandatory Documents, has passed the Registration Procedure on the MATRYOSHKA Platform.TV in accordance with the procedure established by the Administration, and received access to the MATRYOSHKA Platform.TV via the Internet and Devices in order to gain access to the capabilities (services) of MATRYOSHKA.TV. At the same time, in agreement with the Administration, registration on behalf of and on behalf of another individual or legal entity is possible, provided that the necessary powers are obtained in the manner and form provided for by the legislation of the Russian Federation.
"Channel", "Personal page", "Video blog" - section of the Site (personal page of the User/ Author/ Copyright Holder / Partner) provided to a specific User, Author, Partner and/or Rightholder in case of correct execution of all necessary registration actions on the Site in which the User, Author, Partner (and/or Rightholder) and/or other duly authorized person has the opportunity to post and/or delete Materials, Information, Content, perform other actions in relation to this section within the technical capabilities of the MATRYOSHKA Platform.TV, including the Website. The User, Partner, Copyright Holder has the sole right to independently create, use and determine the content of such a Personal Page and the conditions for other Users' access to its content for personal purposes. Except for the cases established by this Agreement and the current Russian legislation, the Site Administration does not participate in the formation and use of the content of the User's Personal Page, is not the initiator of the placement and/ or distribution of the content of the User's Personal Page on the Internet, does not choose the recipient of such information, does not affect the integrity of such transmitted information (including not makes any changes and corrections to such content).
"User content", "UGC" — Materials, Information, Content uploaded (posted) By User: Author or Partner directly on the MATRYOSHKA.TV Platform. When posting Content, the User guarantees that he is acting legally, has all the necessary rights to use the Content in order to post it on his Personal page in the MATRYOSHKA System.TV, including, permits their use in accordance with the terms of this Agreement and by posting, informing, reproducing and showing Content (including in the Player) and/ or on the Personal MATRYOSHKA page.TV, does not violate by its actions (and does not entail violation) the legitimate rights and interests of third parties (including, but not limited to, copyright, related, patent rights, the right to privacy, to protect honor, dignity and good name, the right to image a citizen, etc.) and the current Russian legislation (including, but not limited to, legislation on the rights to the results of intellectual activity and means of individualization), and the User assumes full responsibility for their placement and use.
"Registration Procedure" is a procedure for end–to-end registration on the Site (or in any Services of the Site) in the manner and on the terms provided for in the text of this Agreement, as a result of which a unique Account is created for the User, through which access to the MATRYOSHKA Site will be carried out.TV (or any Services of the Site).
"Parties" - Administration, User, Author, Partner, Copyright Holder collectively referred to as "Parties", and separately from each other – "Party".
"Author" is a User who has passed the Registration Procedure on the MATRYOSHKA Platform.TV in accordance with the procedure established by this Agreement, having a Personal page in the System; accessible to him after authorization (using a Login and Password) and managed by him, including to maintain your own video blog and /or to post Content and other results of intellectual activity), in order to gain access to the additional functionality of the MATRYOSHKA DOLL.TV, which provides for the possibility of placement by the Author on his Channel/ The Personal page (hereinafter referred to as the "Channel") of the results of intellectual activity belonging to the Author, including: audiovisual works, musical and other sound works, photographs and other graphic images, texts, as well as other materials. Unless otherwise specifically stipulated by the text of this Agreement (or by separate agreements that may be concluded between the Administration and the Author additionally), the Author does not license the Content in any special way in favor of the Administration, and the Administration, in turn, classifies such Author's Content as exclusively author's "User Content". The author can be any User who has reached the age from which he can conclude a legally binding contract with the MATRYOSHKA Administration.TV (as a general rule, within the framework of this Agreement, such an age means the age of 18 years; until the Author reaches such an age, the Parties are guided by the provisions of clause 3.8. of this Agreement).
"Copyright Holder" – a person who owns the rights to use Content (audio/visual/audiovisual, graphic and other works as a whole, or their individual elements), who has granted the Administration the right to use such Content (by entering into a separate written agreement), including in in order to protect the rights of the Copyright Holder to use such Content.
«Контент», «Аудиовизуальный контент», «Материалы», «Единица Контента», «Единицы Контента» - означает мультимедийный контент, загруженный (размещенный) Администрацией, Автором, и/или Правообладателем (или иным лицом по поручению Правообладателя) непосредственно на Платформу МАТРЁШКА.ТВ права на который принадлежат Администрации, Автору, или Правообладателю, (включая, но не ограничиваясь: видеоролики, видеосборники, фонограммы, элементы контента, телепрограммы, контент телеканала, блогерский контент, любые графические, интерактивные фото - и видео - изображения/ материалы, а также любая информация и материалы, представленные в виде цифровых файлов и предназначенные для зрительного и слухового (в случае сопровождения звуком) восприятия Пользователем, с использованием стриминговых технологий (потоковая передача данных на устройства Пользователя при наличии подключения к сети Интернет), в том числе, в режиме реального времени (способ, в соответствии с международными стандартами именуемый «Internet Stream»), т.е. без возможности создания Пользователем новой копии контента и без возможности хранения контента в памяти устройства Пользователя (за исключением временной копии в системной памяти такого устройства, что составляет неотъемлемую и существенную часть технологического процесса Стриминга (т.н. Транзитное сохранение, требуемое для передачи в реальном времени, например, буфер данных в отношении доступа к контенту)) на срок более длительный, чем то время, в течение которого Пользователь может смотреть контент непосредственно в Плеере Платформы МАТРЕШКА.ТВ.
"Video clip", "Content Unit" - an audiovisual work consisting of a fixed series of interconnected images (with or without sound accompaniment) in the form of digital files and intended for visual and auditory (in the case of sound accompaniment) perception by the User using the User's Device and the MATRYOSHKA Platform Player.TV, including multi-part television/feature films. The Parties also include "Streaming" in the concept of "Video clip", i.e. viewing an online stream with video content (Content Units) in the Player using streaming technologies in real time.
"Content Elements"/ "Elements", "Content Fragments"/ "Fragments" – any information related to the Content, as well as any fragments (excerpts) Content, individual frames and any other component parts (elements) of the Content, including, but not limited to:
- photographic images of any individual frames (scenes) Content, including frames with images (in the image of a character) of any performers (actors) and any other persons whose images are in the Content;
- titles, titles, summaries, annotations and synopses of Content;
- dialogues, voices, appearances and any other characteristic features of the characters in the Content;
- musical accompaniment and any other elements of the audio series of the Content;
- any works and any other results of intellectual activity and means of individualization included in the Content as an integral part;
- any audiovisual work consisting of fragments of Content and/or other information about the Content, combined in the form of a clip or otherwise intended for use for the purpose of announcing and advertising Content (trailer); biographies and any other information about the authors of the Content, the performers of the main roles and any other persons who took part in the creation of Content, created specifically for the Content, except for publicly available information about the authors of the Content, the performers of the main roles and any other persons who took part in the creation of Content.
"Bringing" – bringing Materials, Information, Content on the Internet (via a Player or mobile application) to the public (the method of use provided for in subparagraph 11 of paragraph 2 of Article 1270 of the Civil Code of the Russian Federation) in such a way that any User can, for a fee or without to get access to the relevant Materials, Information, Content from any place at any time or at a certain time - at one's choice, without the possibility of storing it in the memory of the User's Device through the Device. Charging for access to the global Internet is not considered charging for access to Content Units.
"Advertising materials", "Advertising", "Advertising and informational materials", "ROME" – advertising and informational messages representing a set of text, graphic, interactive photo and video materials (including interactive activities, as well as advertising formats for conducting surveys, ads, video clips, dynamically updated graphic or text modules, as well as any other text, graphic, audio, video- and mixed materials of informational (and/or marketing, and /or advertising) nature) aimed at attracting attention to the goods and services of advertisers, and are not part of the plot / script of the Content.
"Unfair practices" - any technologies (both manual and automated, using appropriate programs, scripts, code, but not limited to the specified changes in the actual number ("cheating") of impressions, advertising clicks, and other unfair practices (determined by the Administration in its own way at your discretion, including, but not limited to, the placement of the Player: on sites created according to a template and do not contain relevant content, without organic traffic and user activity (Fake domain); showing Content, Advertising materials to a server/ machine acting as a large number of users (Botnet); fake advertising call with the substitution of the URL of the real site in the server counter, giving the server false information about the place of unscrewing advertising (Domain spoofing); too frequent automatic updating of the page or part of the page of the site in order to cheat content impressions (Bad autorefresh); malicious software or a toolbar that adds an additional layer containing ads on top of a website (Ad injection); display of Content, Advertising materials on the domain using the services of a traffic generator (Bad external traffic); display of Content, Advertising materials on domains included in the list of domains that use fraudulent actions; display of Content, Advertising materials carried out on the page on which the content classified as "adult" is located.
"Rights protection System" is a computer program that can be used by the Administration, and which allows you to compare Materials, Information, Content with original Materials, Information, Content (usually audiovisual works) provided by Copyright Holders, and in case of identification of Content containing fragments (in terms of audio, video or audiovisual series) with the audiovisual work of the Copyright Holder, to process such Content, agreed with the Copyright Holder, based on the functionality of the MATRYOSHKA.TV Platform.
"Unified Personal Account in the MATRYOSHKA system.TV", "Personal Account", "Account", "Account" – a personal section of the Site to which the User gets access after completing the Registration and/or authorization Procedure. The Personal account is designed to store the User's personal data, download Content, view and manage the available functionality of the MATRYOSHKA Platform.TV, including managing the content content of the User's Channel, adding Channel descriptions, tags, metadata, images, getting information about viewing statistics, etc. When registering, the User has the right to indicate his personal alias (nickname) in the Account, which will be reflected on the User's Personal page, and when posting (uploading) The User Of the Content. The User's nickname must not contain profanity and expressions that can be considered offensive, as well as formulations and words that violate the rights and legitimate interests of third parties, including those written in translation. The Administration provides the Platform User with the opportunity to create only one Personal Account (Profile). If the User creates more than one Account, the Administration reserves the right to delete the Accounts created by the User and/or refuse the User to use the MATRYOSHKA.TV Platform.
"Territory", "Licensed Territory" – the territory of the User's country of location, determined by automatic identification by specialized software algorithms of the Site, System and/or Administration (including using automated technologies for determining the country by IP address) at the time of User access to the Site and/or any MATRYOSHKA.TV service.
In the case of the use of terms in the text of the Agreement, the interpretation of which is not defined in the Agreement, in this case, the interpretation of such a term is carried out in accordance with the meaning of the Agreement, and in the absence of a uniform interpretation of the term in the text of the Agreement, it is necessary to be guided by the interpretation of such a term defined: first of all in the text of Mandatory Documents, second of all – in force the legislation of the Russian Federation, the third - established (commonly used) on the Internet, business practices and scientific doctrine.
2. General conditions
2.1. Within the framework of the Platform "MATRYOSHKA.TV" Administration (Licensor) grants the User (Licensee) free of charge (unless otherwise formalized by an additional Agreement), on the terms of a simple (non-exclusive) license, an inalienable and non-transferable right to non-commercial use of the Site/ The MATRYOSHKA system.TV (and the services of the System) unchanged on the territory of countries around the world, by accessing the functionality of the Site / System / their services in order to use them for their intended functional purpose, in ways, to the extent and within, defined by this Agreement and the text of Mandatory Documents. All the terms of this Agreement apply both to the Site/System as a whole and to all its components in particular.
2.1.1. Within the framework of this Agreement, the User (Licensee) is granted the right to familiarize himself by means of a computer and/or other, including wireless, portable device (PDA, telephones for cellular communication networks or other wireless communication networks, etc.) using any technologies, standards and protocols (web, wap, IP TV, etc.), as well as through computer programs specially designed for specific mobile operating systems (iOS, Android, Windows Phone, etc.), telephones for cellular communication networks (mobile applications), computer programs, specially designed to bring audio, video and audiovisual works to the public attention of Internet users through devices such as television receivers, independently or with the use of additional equipment providing the ability to access the Internet and view the above works (Multiscreen TV, STB, Smart TV, etc.) with copyrighted Materials, Information, Content (User content and/or content of Copyright Holders) and /or to view them (and after passing the registration procedure, the right to comment on Content Units (if such functionality is available in the System), the right to use paid services of the Service and other interaction with the author's content); and,
2.1.2. After passing the registration procedure via the Internet through the web interface of the Personal Account on the author's Channel of the User, the right to: upload, store, promote (promote), receive and/or provide access to Users and perform other actions in relation to: Content, (including, but not limited to: videos, video collections, phonograms, content elements, TV programs, TV channel content, blogger content, any graphic, interactive photos and videos- images/materials, as well as any information and materials provided jointly or in connection with such Content units that may be accompanied with the Content units to which they belong, the rights to which belong to the User as the Author, or the Copyright Holder, or Partner, or the rights that were properly obtained by the User from the Author, or the Copyright Holder, including for the purposes of using Content on the terms stipulated by the text of this Agreement and Mandatory documents, manage the content content of the User's Personal Page / Channel, add a description of the Channel, the name of the Personal Page, the name of the User's streams, avatar (and if provided by the functionality of the Personal Account: manage the background, banners), add links, text in the channel information section, add tags, metadata, images, get information about the statistics of views, etc.
2.2. When accepting this Agreement, the Parties are guided by the provisions of paragraphs 2 and 3 of Article 421 of the Civil Code of the Russian Federation, which grant the right to citizens and legal entities to conclude contracts in accordance with the Legislation of the Russian Federation, as well as to conclude contracts containing elements of various contracts provided for by law or other legal acts (mixed contracts).
2.3. The User agrees that if access to the Site and Services of the Site is provided in conjunction with advertising or on condition of viewing advertising, the Administration will not need to obtain special prior consent of the User to receive advertising information, because such advertising information is addressed to an indefinite circle of persons and is not directed to a specific User, and the User himself has the right to make an independent decision regarding his willingness to consume content on the terms proposed by the Administration (bringing content subject to viewing advertising), or to refuse such consumption. At the same time, if obtaining such User consent (prior consent to receive advertising information) is required in cases established by applicable law, the User agrees that downloading the Site in the browser of the User's device at the User's request (as well as downloading/ launching the Service in the mobile application on the User's device), or opening the Service Player window, and/or the User pressing the "Play" button (starting playback in the Service Player), it is considered an appropriate way for the User to provide the Administration with his prior consent to receive.
3. Registration procedure and account creation in the system
3.1. To get access to Materials, Information, Content, functionality and additional services of MATRYOSHKA.TV, the list of which is determined unilaterally by the Administration (in particular, the possibility of downloading, storing, placing and classifying Content, access to specialized sections of the MATRYOSHKA.TV and/or to certain Content of Copyright Holders), the User must create an account (register) on the MATRYOSHKA platform.TV in accordance with the procedure provided for in clause 3.2.1- of this Agreement.
3.2. User registration on the MATRYOSHKA Website.TV is free, voluntary and is made by creating an account using the specialized interface of the MATRYOSHKA.TV Platform. Registration includes the following steps:
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3.2.1. The User must create an account on the MATRYOSHKA Platform.TV by specifying the current e-mail address (e-mail), login and password. During the registration procedure, the User independently sets a stable password to his account. It is not recommended to use obvious associations when choosing a password (for example, user name, phone number, email address, etc.). Using the specified email address (e-mail), password recovery will also occur in the future if it is lost.
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3.2.2. To the e-mail address specified by the User (e-mail), MATRYOSHKA.The TV will automatically send the generated link to confirm the email address (e-mail) entered during the Registration Procedure. For a full opportunity to use the MATRYOSHKA Services.TV (including the ability to comment and upload videos) The User needs to confirm his email address specified during registration, for which he needs to click on the link in the email sent to the User by the Administration to the e-mail specified by the User. The fact of using a Login and Password for authorization on the MATRYOSHKA Platform.TV is a confirmation of the User's right to access and use the MATRYOSHKA Services.TV, as well as an additional and explicit way to determine the person signing / accepting this Agreement and Mandatory documents, including to confirm the User's will to perform actions on the Site, in the System, on/in any of their services, including signing contracts, expressing consent to the processing of personal data, confirming actions within the framework of the MATRYOSHKA.TV.
3.3. Also, after passing the registration procedure by the above methods, from the User in his Personal Account MATRYOSHKA.TV may need to fill in their additional personal data (including the need to link / confirm their current email address if the registration method was chosen by mobile phone number) in order to be able to fully use the services of the Site (including the features described in clause 3.1. of this Agreement).
3.4. The Administration is not responsible for unauthorized use of the User's registration data by third parties, as well as in the event that the User cannot access his account and /or Personal Account for reasons beyond the control of the Administration.
3.5. The User is obliged to take all necessary actions to ensure the safety and confidentiality of the access details (a unique pair (pairs) Login / Password) to the Personal Account, and is independently responsible for the security (resistance to guessing) of the temporary (or unchanged) selected by him Password. In case of unauthorized access to the Personal Account, the User is obliged to immediately inform the Administration about this, change the Password independently or inform the Administration about the need to change the Password (as a general rule, the Administration considers the User's request to change the Password by the Administration, only if the functionality of the System does not allow the User to make such a password change independently; in this case, the Administration undertakes to perform all necessary actions to organize the password change procedure within the most reasonable time, but in any case no later than 72 (seventy-two) hours from the moment of receipt of the corresponding request from the User).
3.6. The User is solely responsible for any actions performed using his Account (mobile phone number, email address, login, password), for any violation of the User's obligations under this Agreement, as well as for the consequences of any such violation/ use (including any losses and damages that may arise in the as a result of such a violation at the Administration). All actions performed using the User's mobile phone number, login and password are considered as User actions, except in cases when the User, in accordance with the procedure provided for in this Agreement, notified the Administration of unauthorized access to the Site using his account and/or of any violation (suspicion of violation) of the confidentiality of his Password. When the User changes or loses his phone number (including if the phone number passes to another owner), linked to his Personal Account on the MATRYOSHKA Platform.The TV User independently undertakes to make appropriate changes in the profile of his Personal Account in a timely manner, as well as to ensure that the profile of the Personal Account contains up-to-date registration / user information.
3.7. The User is obliged to log out of his account (end each session by clicking the "Log Out" button) before going to third-party sites or closing the browser (Internet browser).
3.8. Placement on the MATRYOSHKA Platform.TV and Content storage, as well as the use of other provided MATRYOSHKA dolls.TV services are possible only after the User's registration is completed. Personal information of the Author, who became a famous MATRYOSHKA DOLL.TV in the process of registration and use of its services, is stored and processed by the Administration in accordance with the terms of the Privacy Policy of MATRYOSHKA.TV.
3.9. The User has the right to edit and/or delete his Account from the MATRYOSHKA Service at any time.TV, either in the manner provided for by the User's Personal Account interface (if there is such a technical possibility), or by sending the Administration from its email address to the SUPPORT email address support@matreshka.tv request to delete the Account. The Administration activates the User Account deletion function within thirty (30) calendar days after receiving the corresponding User request.
3.10. Immediately after activating the User account Deletion function in the MATRYOSHKA Service.TV, the account is automatically blocked for a period of thirty (30) calendar days, during which the Content and other User data posted using it are not deleted, but are hidden for other Users.
3.11. The User can restore his Account by logging in to the MATRYOSHKA Service within the above thirty (30) calendar days.TV using your Account credentials (Login and Password). After that, the User's account will be restored, access to the Content and other User data will be resumed to the extent that existed at the time of blocking (with the exception of Content that violates the terms of the Agreement, other norms governing the operation of the MATRYOSHKA.TV, as well as the current legislation of the Russian Federation).
3.12. If within the above thirty (30) calendar days the User Account is not restored, by any of the above methods, then after the specified period, the entire amount of Content and other User data posted using his Account, and unless otherwise stipulated by p.3.6. this Agreement is not subject to restoration.
3.13. The Administration reserves the right to block or delete the User's account independently and at its discretion in case the User does not use the MATRYOSHKA DOLL.TV (not performing authorization under your username and password from any User device) within twelve (12) calendar months from the date of the last authorization, as well as in other cases provided for by this Agreement. After that, the Account login will be available for use by other Users, and all User data will be deleted, except for the data specified in clause 3.14. of the Agreement. From this moment on, Account recovery, as well as any information related to it, is impossible. The data stored on the User's Channel will also be inaccessible to the User and third parties from the specified moment, and can be provided by the Administration only at the request of authorized bodies.
3.14. According to Part 3 of Article 10.1 of the Federal Law of the Russian Federation No. 149-FZ "On Information, Information Technologies and Information Protection", the Administration is obliged, regardless of the User's consent, to store and provide, upon legitimate requests of authorized bodies: information on the facts of receiving, transmitting, delivering and (or) processing voice information, written text, images, sounds, video or other electronic messages of Users and information about the Users who have performed the listed actions – within one year from the date of the end of such actions. And the text messages of Internet users themselves, voice information, images, sounds, video, and other electronic messages of Internet users - up to six months from the end of their reception, transmission, delivery and (or) processing. Also, the Administration reserves the right, if necessary, due to the technical features of working on the Platform, a MATRYOSHKA DOLL.TV, save archived copies of the User's Content for the required period.
4. Age restrictions
4.1. Despite the fact that the Administration is aware that access to the MATRYOSHKA Platform.TV (and/or to its corresponding services / sections) can be obtained by any unregistered user, and due to the specifics of the functioning of the Internet, the Administration is unable to reliably verify the actual age of such a user, but unless otherwise specifically agreed by the Administration, it establishes a mandatory Guardian ("Guardian" means legal representative of a minor: parent, adoptive parent or guardian of a minor, who acts on behalf of a minor and in his interests) the minimum age from which such unauthorized access is possible, namely the age of fourteen (14) years, but subject to all the conditions and requirements established by this Agreement.
4.2. At the same time, the registration procedure on the Website https://matreshka.tv / (and/or any of its services) is available only to adult and fully capable Users (unless otherwise agreed by the Administration). Thus, as a general rule, a registered User using the MATRYOSHKA Platform.TV and/or any of its services, confirms that he is of legal age (i.e. has reached the age of 18) and legally capable (or has not become completely incapacitated due to the occurrence of another circumstance provided for by the current legislation), in accordance with the current legislation of the Russian Federation. Using the MATRYOSHKA Service.TV by minors can be carried out only under the supervision of their Guardians who have reached the age of 18 and have the right to act on behalf of a minor, or with their consent, in compliance with the restrictions established by the current legislation of the Russian Federation and this Agreement.
4.3. A user who has reached the age of 18 under no circumstances provides/ will not provide minors with access to the sections of the MATRYOSHKA Platform.TV, and/or Content intended for adult Users who are prohibited from viewing by minors.
4.4. A user under the age of 18 undertakes to refrain from viewing the sections and/or Content of the MATRYOSHKA Services.TV intended for an adult audience, he is obliged to independently obtain the necessary permission in the form required by law from his parents or other legal representatives.
4.5. If a minor has access to the MATRYOSHKA Platform.TV, and /or to any of its services, such access is considered approved by the Guardian, and full responsibility for the actions that a minor commits on the Site and / or in any Service of the Site is solely borne by the Guardian or a minor who has reached the age of 14 in solidarity with the Guardian. At the same time, when a minor is admitted to the MATRYOSHKA Services.TV and/or to any of its sections, his legal Guardian consents to the collection and processing of data received from a minor during his use of the Platform in accordance with the provisions specified in the Privacy Policy, the General Consent to the processing of Personal Data, this Agreement, the Cookie Policy (Information about the use of cookies on the Site and in the MATRYOSHKA Services.TV)
4.6. The User is fully responsible for the compatibility of his Device with the MATRYOSHKA Platform.TV and /or any of its services, and for the ability of its device to view, download, manage (in the case of such an opportunity provided under this Agreement) Content. If the User's Device does not support the Content format, the Administration does not bear any obligations.
5. Terms of content placement
5.1. Unless otherwise expressly provided in this Agreement, in the texts of Mandatory Documents, in special provisions posted by the Administration on the Site, the User/Author, as a general rule, is not paid any remuneration for Materials and/or Information uploaded and reproduced in the Player by Users.
5.2. The rule established in clause 5.1 of this Agreement, at the discretion of the Administration, may not apply to Users with the "Partner" status confirmed by the Administration, while the conditions for participation in the partner program, the possibility, procedure and conditions for accrual and payment of remuneration to the Partner are determined on the basis of additional agreements concluded between the Partner and the Administration.
5.3. A user/ Author who wants to connect his author's Channel to the MATRYOSHKA monetization program.TV, must submit an application for the assignment of Partner status to it, subject to the occurrence of grounds for submitting such an application through the available functionality of the Personal Account interface, and the implementation of actions necessary for the Acceptance of the Offer.
5.4. The Administration has the right to assign to each registered User an Individual Media Indicator of Behavioral Activity (IMPA) displayed in the User's Personal Account interface (but not earlier than after the first one thousand views of the User's content on his Channel) in virtual conditional units (points) and credited to the User by the Administration in relation to indicators of behavioral activity in connection with user content and the User's Personal Channel. The terms of accrual and the procedure for using the IMPA are defined in Appendix "D" to this Agreement, which is an integral part of this Agreement and is mandatory for review and acceptance by the User.
5.5. Also, at the sole discretion of the Administration, the interface of the User's Personal Account and / or the User's Personal page (with the status of "Partner") in the MATRYOSHKA System.TV, can be integrated with the functionality of specialized services (administered by third parties, hereinafter referred to as "Monetization Integrators"), providing an opportunity for such a User to organize and manage the conclusion of legally binding agreements with other MATRYOSHKA Users.TV in order to provide such Users with access to the Content (and/or part of it) A Partner user in the MATRYOSHKA.TV System. The basic conditions for this kind of integration are given in Appendix "E", which is an integral part of this Agreement, and is mandatory for review and acceptance by the User.
5.6. In accordance with Article 11 of Federal Law No. 436-FZ of December 29, 2010 "On the protection of children from information harmful to their health and development", the circulation of information products containing information harmful to the health and (or) development of children is not allowed without a sign of information products, except for information, distributed through information and telecommunication networks, including the Internet, except for online publications and audiovisual services. At the same time, neither the Administration, nor the Website, nor any service of the MATRYOSHKA Website.TV (unless specifically stipulated by the Administration) is not a mass media (nor a network publication) as it is understood by the Law of the Russian Federation of December 27, 1991 N 2124-I "On Mass media". Legal representatives of minor children have a legally established obligation to ensure the use of any available tools to protect the rights of the child from unfavorable information for him, as measures of parental control, including programmatic restrictions on viewing individual Internet pages. Despite the above, the Administration has the right, but is not obliged to classify the Content posted on the MATRYOSHKA Platform.TV, and/or any of its services, in accordance with Federal Law No. 436-FZ of December 29, 2010 "On the Protection of children from information harmful to their health and development". In this connection, the Administration has the right to set age restrictions when the User has access to Materials, Information, Content posted in the MATRYOSHKA System.TV and/or in any of its services intended for an audience of a certain age. This means that Users who have not reached the age specified by the Administration undertake to refrain from accessing and/or viewing such Content, about which the Administration may notify Users by indicating, in combination with the Content and/or in any of its services, signs of information products or by means of informational messages when the User attempts to view Content intended for an audience of a certain age.
5.7. Popularization, promotion and placement of advertising materials: the main conditions are given in Appendix "G", which is an integral part of this Agreement and is mandatory for review and acceptance by the User.
5.8. Direct prohibitions related to the placement of content on the MATRYOSHKA Platform.TV hosted on MATRYOSHKA.TV, Materials, Information, Content, actions and messages (comments) The User, (as well as the use of the Site/MATRYOSHKA systems.TV in general) must comply with the requirements set out in Annex "H", which are an integral part of this Agreement and mandatory for review and acceptance.
5.9. Open license for user content and/or Creative Commons Attribution 4.0 International licensing: unless otherwise specified by the User (Licensor) (in the interface of the Personal Account, or in the description of the Content on the User's Channel), the User (Licensor) grants any person who gets access to the content content of the User's channel (Licensee), a non-exclusive, a royalty-free, worldwide License for access to the Author's content of the User's Content posted by him on the MATRYOSHKA Channel.TV (next – Licensed materials) and their use within the limits allowed by the MATRYOSHKA functionality.TV on the terms of a license agreement under which the Licensor (author, or other copyright holder) grants the Licensee a simple (non-exclusive) license to use works of science, literature and art, which in turn is concluded in a simplified manner (Article 1286.1 of the Civil Code of the Russian Federation) and such a format of the agreement will not contradict Article 1235 of the Civil Code of the Russian Federation. Detailed conditions are set out in Appendix "G" to the GPS, which are an integral part of this Agreement, and are mandatory for review and acceptance by the User.
5.10. In the Russian Federation, the dissemination of information is carried out freely in compliance with the requirements established by the legislation of the Russian Federation (part 1 of Article 10 of Federal Law No. 149-FZ of 27.07.2006 "On Information, Information Technologies and Information Protection"). The legal regulation of relations arising in the field of information, information technology and information protection is based, among other things, on the principles of freedom of search, receipt, transmission, production and dissemination of information in any legal way.
5.11. MATRYOSHKA administration.TV does not censor information published by users on the MATRYOSHKA Platform.TV, while taking actions to protect the rights and interests of a wide range of persons who responsibly use the functionality of the platform, but due to the special requirements of the current Russian legislation for the dissemination of information via the Internet, the MATRYOSHKA Administration.TV, is obliged to take evaluation actions for a preliminary analysis of the information posted on the platform, in this connection, from the moment of downloading user content to the moment of its publication, it may take a certain amount of time, including the time required to send a request to the regulatory authorities (Roskomnadzor) in accordance with the procedure established by law, to obtain an official conclusion of the regulator on the degree of compliance with the information for the presence of prohibitions on its dissemination, if at the discretion of the Administration, the direction of such the request will be necessary. At the same time, due to the requirements of the current legislation, until the receipt of the regulator's response, the Administration of the MATRYOSHKA DOLL.TV is obliged to take measures to restrict access to the specified information (sub-item 2 of item 5 of Article 106 of Federal Law No. 149-FZ).
5.12. Among other things, the MATRYOSHKA Administration.TV is obliged to illustrate the published information on the subject:
- the presence of content and/or information that may offend human dignity and public morality, contain obvious disrespect for society, the state, official state symbols of the Russian Federation, the Constitution of the Russian Federation or bodies exercising state power in the Russian Federation;
- information that may be disseminated in violation of the legislation on elections and referendums, and (or) campaign materials;
- information containing calls for mass riots, extremist activities, participation in mass (public) events held in violation of the established order, unreliable socially significant information disseminated under the guise of reliable messages that poses a threat of harm to the life and (or) health of citizens, property, the threat of mass violation of public order and (or) public safety or the threat of interference with the functioning or termination of the functioning of life support facilities, transport or social infrastructure, credit institutions, energy, industry or communications facilities, information materials of a foreign or international non-governmental organization whose activities are deemed undesirable on the territory of the Russian Federation in accordance with Federal Law No. 272-FZ of December 28, 2012 "On Measures to Influence Persons Involved in Violations of Fundamental Human Rights and Freedoms, the rights and freedoms of citizens of the Russian Federation", information allowing access to the specified information or materials;
- MATRYOSHKA administration.TV is obliged to comply with other requirements of the current legislation regarding the information published on the platform, including special requirements established by Federal Law No. 436-FZ of December 29, 2010 "On the Protection of Children from information harmful to their health and development"), and special requirements for the dissemination of messages and materials of a foreign mass media that performs functions of a foreign agent, etc.
5.13. If there are no grounds for restricting the publication of information on the MATRYOSHKA platform.TV (including, in the absence of violations of the rules established by the user agreement MATRYOSHKA.TV), user content may be allowed to be published on the platform. The Administration has the right to request from the user any information and documents that, in the opinion of the Administration, will allow, when evaluating the relevant information, to draw objective conclusions about the degree of compliance with the information for the presence of prohibitions on its dissemination.
5.14. Due to the fact that the Administration does not have the competence to unambiguously categorize this or that published information for the degree of its compliance with the current legislation and for the presence of prohibitions on its dissemination, the Administration reserves the sole right, if there are any doubts or assumptions regarding the compliance of this or that information published by users on the MATRYOSHKA Platform.TV to the requirements of the current legislation (and/or the rules of the MATRYOSHKA.TV), refuse to publish such information on the Platform, without explanation, in particular, if, in the opinion of the Administration, the publication of such content may be of a toxically provocative and revealing nature in a destructive, potentially offensive or misleading and other similar form, and/or may be perceived as propaganda of certain political, religious views, and may cause the creation and aggregation of destructive and aggressive messages published similar opinions, reactions, discussions on the MATRYOSHKA Platform.TV and the unfriendly separation of the user community MATRYOSHKA.TV or its individual participants/groups.
6. Rights and obligations of the user
6.1. When using the MATRYOSHKA Platform.The TV User is obliged to:
- comply with the provisions of the current legislation of the Russian Federation, this Agreement and other special documents of the Site Administration;
- provide reliable, complete and up-to-date data during registration, monitor their updating;
- inform the Site Administration about unauthorized access to the personal page and/or unauthorized access and/or use of the User's password and login;
- not to grant other Users access to their own account, or to separate information contained on it, if this may lead to a violation of the legislation of the Russian Federation and/or this Agreement, special documents of the Site Administration;
- do not post content (audio, video, photos, information, actions, messages, comments and other materials) that may violate the rights and interests of other persons;
- before placing materials and objects (including, but not limited to, images of other persons, other people's texts of various contents, audio recordings and videos), pre-evaluate the legality of their placement;
- keep confidential and not provide other Users and third parties with personal data that became known to him as a result of communication with other Users and other use of the Site (including, but not limited to, home addresses, phone numbers, email addresses, passport data, banking information) and information about the privacy of other Users and third parties without obtaining the appropriate prior permission of the latter;
- to back up important information and/or content materials stored on the User's personal page.
6.2. If there are doubts about the legality of carrying out certain actions, including posting information or providing access, the Site Administration recommends refraining from carrying out the latter.
6.3. To the user when using the MATRYOSHKA Platform.TV is prohibited:
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6.3.1. register as a User on behalf of or instead of another person ("fake account") or register a group (association) of persons or a legal entity as a User. At the same time, registration on behalf of and on behalf of another individual or legal entity is possible, provided that the necessary powers are obtained in the manner and form provided for by the legislation of the Russian Federation;
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6.3.2. mislead Users about their identity by using the login and password of another registered User;
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6.3.3. misrepresent information about yourself, your age or your relationships with other persons or organizations;
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6.3.4. upload, store, publish, distribute and provide access or otherwise use any Information/Materials/Content that:
- contain threats, calls for violence, including hidden ones, approval and encouragement of violent actions, discredits, insults, discredits honor and dignity or business reputation, or violates the privacy of other Users or third parties;
- violate the rights of minors;
- are vulgar or obscene, contain pornographic images and texts or scenes of a sexual nature involving minors;
- contain scenes of inhumane treatment of animals;
- contain a description of the means and methods of suicide, any incitement to commit it;
- propagandize and/or contribute to inciting racial, religious, ethnic hatred or enmity, on the grounds of attribution to a certain gender, orientation, as well as other individual characteristics and characteristics of a person (including issues of his health);
- contain extremist materials;
- promote criminal activity or contain tips, instructions or guidelines for committing criminal acts;
- contain restricted access information, including, but not limited to, state and commercial secrets, information about the private life of third parties;
- contain advertisements or describe the attractiveness of the use of narcotic substances, including "digital drugs" (sound files that affect the human brain due to binaural rhythms), information about the distribution of drugs, recipes for their manufacture and tips on use;
- may potentially lead to the commission of illegal actions by misleading Users or abusing their trust, as well as violate other rights and interests of citizens and legal entities or the requirements of the legislation of the Russian Federation.
- 6.3.5. illegally upload, store, publish, distribute and provide access or otherwise use the intellectual property of Users and third parties;
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6.3.6. use automated scripts (programs, bots, crawlers) to collect information on the Site and/or interact with the Site and its functionality without special permission from the Site Administration;
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6.3.7. post any other information/Materials/Content that, in the personal opinion of the Administration, are undesirable, do not correspond to the purposes of creating the Site, infringe on the interests of Users or for other reasons are undesirable for posting on the Site;
6.4. If the User does not agree with this Agreement or its updates, the User is obliged to refuse to use the MATRYOSHKA.TV Platform.
6.5. By accepting this Agreement, the User confirms that he is aware and aware of, and also accepts unconditional consent to the fact that the information posted by him on the Personal Page, including the information and personal data provided by him, including the name, video materials and photos with the image of the User, his contact details (if specified), may be accessible to other Internet users, taking into account the features of the architecture and functionality of the Site, that the Personal Page created by them, and/or the default Channel will be accompanied by the name and image (avatar) posted by the User in the User account in the MATRYOSHKA.TV System.
6.6. The User independently controls the Information posted by other Users together with the Materials, Information, Content posted in the User's Channel (comments), and is fully responsible for the violation of the terms of this Agreement or the current legislation of the Russian Federation by these comments. If any of the Users post comments that contradict this Agreement or the current legislation of the Russian Federation, the User is obliged to inform the Administration as soon as possible by sending a corresponding message to the email address: slawyer@matreshka.tv indicating a direct html link to the Material, together with who posted this comment.
6.7. Each Author, being the owner of the Channel provided to him, a Personal page, a User of the MATRYOSHKA Platform.TV independently performs all actions provided for by the legislation of the Russian Federation in connection with the number of Users who visited its Channel (viewed its Materials on this Channel, left comments on its Materials, etc.) during the day, including tracking such a number of Users in cases provided for by the legislation of the Russian Federation.
6.8. The User in respect of whom measures have been taken to restrict/block access to the Account/ Account/To the User's Channel, or to the information posted directly by the User on the User's channel, the User has the right to appeal to the Administration with a complaint about the decision taken by the Administration. The Administration considers such a complaint and sends a resolute response to the User within three (3) days from the date of receipt of such a complaint. At the same time, if in order to prepare a response to the User, the Administration will need to receive and/or collect additional information (for example, requesting accounting information from a third party or when sending a request to the regulatory authorities (Roskomnadzor) in accordance with the procedure established by law, in order to obtain an official conclusion of the regulator on the degree of compliance with the information for the presence of prohibitions on its dissemination, if at the discretion of the Administration, the direction of such a request will be necessary), then the Administration has the right to increase the time for sending a response to the User to his complaint for a period of, equal to the time required to obtain such additional information. In this case, the Administration, within three (3) days from the date of receipt of the User's complaint, sends an appropriate response to the User indicating the current reason for taking restrictive measures against the User's account and the approximate time limit for providing a resolute response to the User.
6.8. The User in respect of whom measures have been taken to restrict/block access to the Account/ Account/To the User's Channel, or to the information posted directly by the User on the User's channel, the User has the right to appeal to the Administration with a complaint about the decision taken by the Administration. The Administration considers such a complaint and sends a resolute response to the User within three (3) days from the date of receipt of such a complaint. At the same time, if in order to prepare a response to the User, the Administration will need to receive and/or collect additional information (for example, requesting accounting information from a third party or when sending a request to the regulatory authorities (Roskomnadzor) in accordance with the procedure established by law, in order to obtain an official conclusion of the regulator on the degree of compliance with the information for the presence of prohibitions on its dissemination, if at the discretion of the Administration, the direction of such a request will be necessary), then the Administration has the right to increase the time for sending a response to the User to his complaint for a period of, equal to the time required to obtain such additional information. In this case, the Administration, within three (3) days from the date of receipt of the User's complaint, sends an appropriate response to the User indicating the current reason for taking restrictive measures against the User's account and the approximate time limit for providing a resolute response to the User.
6.9. In case of disagreement with the Administration's response on the reasons for restricting/ blocking the User's access to his account or to information posted directly by the User in the MATRYOSHKA System.TV on the User's channel, the User has the right, in accordance with the procedure established by law, to apply to the federal executive authority exercising control and supervision functions in the field of mass media, mass communications, information technology and communications to cancel measures to restrict access to User information taken by the Administration. In this case, the User's access to his account or to information posted directly by the User on the MATRYOSHKA Platform is restricted/blocked.The TV on the User's channel can be removed by the Administration in case of receipt of the relevant legal requirement of the Federal Service for Supervision in the Field of Communications, Information Technology and Mass Communications on the cancellation of such restrictive measures taken, in accordance with the procedure provided for by the current Russian legislation.
7. Rights and obligations of the platform administration
7.1. The Administration has the right to independently, at its discretion and without any notification to Users, install any information messages (text or in the form of appropriate images) notifying Users of age or other restrictions on any Content, as well as directly restrict access to any Materials, Information, Content for Users for any reason.or signs (for example: based on the age of the User, whether the User has an account in the MATRYOSHKA System.TV, on the territory of the User's location and other grounds, provided by the Licensor's documents).
7.2. The Administration is not responsible for the content of the Materials/Content and for their compliance with the requirements of applicable regulatory legal acts, for copyright infringement, unauthorized use of trademarks, commercial designations, etc., as well as for possible violations of the rights of third parties in connection with the placement of Content by Users on the MATRYOSHKA Platform.TV and/or their use in accordance with the terms of this Agreement. In case of claims from third parties related to the placement of Content/Materials on the Platform and/or their use, the User will settle these claims independently and at his own expense. The Administration is also not responsible for the harm caused to the User by third parties, including through the Platform or Website and/or using the capabilities of the MATRYOSHKA.TV System.
7.3. The Administration tries to ensure the smooth operation of the MATRYOSHKA System.TV, however, is not responsible for the complete or partial loss of Content/Materials uploaded / posted by the User, as well as for the insufficient quality or speed of the provision of services for the placement, reproduction and demonstration of Content. The User's access to the software for the purpose of rendering services is provided in accordance with the generally accepted principle in world practice "AS IS" ("as it is") and only if there is a technical possibility of rendering services.
7.4. The Administration grants the User the right to post information about himself, namely: the user name on the MATRYOSHKA Platform.TV, logos, trademarks, other means of individualization of the User, his goods, services, brief information about the Materials, Information, User Content posted/ uploaded to the MATRYOSHKA Platform.TV, a link to the User's official website, User images, avatar, etc. As a general rule, the Administration will not consider such information as an Advertisement of the User (or advertising of his goods and services), as long as it does not violate the other terms of this Agreement and is placed solely for his identification in the System as the Author/ The copyright holder of the Content posted/uploaded by him.
7.5. If the Materials, Information, Content contains an image (including a video image) The User (Article 152.1. of the Civil Code of the Russian Federation establishes) that the User, by placing a MATRYOSHKA DOLL in the System.TV such Content gives the Administration and any third parties determined by the Administration consent to the publication and further use of the image free of charge, on the territory of the whole world and without limitation on the duration of such right by any means not directly prohibited by the current Russian legislation, and the User:
- waives any right to review for approval of any manufactured and/or completed product(s), or promotional materials and/or copies thereof, or printed publications that may be used in conjunction with its image or to which it may be applied;
- The Administration, its authorized representatives or legal successors, and all persons acting with its permission and on its behalf or on behalf of those whom it represents will be released from any liability related to any distortion, alteration, optical illusion or use as part of anything, regardless of whether there was such use/ distortion / alteration / optical illusion, intentional or not, which may occur or be produced when receiving the above image or at any subsequent stage of processing. At the same time, the User does not have the right to post and/or deliver Content containing images of third parties (including video images) without obtaining the separate written consent of such third parties. By default, the Parties have agreed that the User has received all the necessary permissions for any previously mentioned persons, if their images are present in the User's Materials, Information, Content.
7.6. The Administration allows the placement and has the right to place a MATRYOSHKA on the Platform.Russian Russian TV and/or any of its services Materials, Information, Content both translated into Russian (including with subtitles) and without translation into Russian (in the original language). At the same time, the User using the MATRYOSHKA Platform.TV expresses its unconditional consent to viewing Content in the language version in which it is posted on the Platform, and also undertakes to refrain from claims and demands to the Administration regarding the availability of certain Content in the System and / or any of its services, translated and voiced into Russian.
7.7. The Administration has the right to suspend or close access, or block the User's access to individual Content units, to the Site and/or any service of the Site, System, and/or to the User's account, in case the User violates the terms of this Agreement or if, for objective reasons in the opinion of the Administration, the Administration considers the User's actions fraudulent or aimed at destabilizing the work, undermining the reputation of the MATRYOSHKA DOLL.TV, System or brand MATRYOSHKA.TV, DDoS attack organization, etc., or in the case of an investigation by the Administration based on information about a suspected violation.
7.8. In order to identify Users, the Administration may request the full name (surname, first name, patronymic), passport series and number, scanned copy of the second and third pages of the passport (second spread), the User's email address and phone number used to access the User's Account. In addition, the Administration has the right to independently verify the User as a party to this Agreement by verifying the details specified by the User in the profile of the Personal Account with the details of the payer (if applicable), as well as by other means.
7.9. If, in the reasonable opinion of the Administration, introduced in accordance with clause 5.16. these rules restrict/block User access to his account or to information posted directly by the User on the MATRYOSHKA Platform.TV on the User's channel is not possible, then the User has the right to send in accordance with the procedure provided for in clause 12.5 of these rules and no later than 30 (thirty) calendar days from the date of receipt by the User of the Administration's response provided for in clause 5.16 of these rules, a written request (by sending from the email address specified by the User in the profile of his account on the MATRYOSHKA Platform.TV and with mandatory indication in such a request of the information listed in clause 5.13. of these rules, including appendices to such a request of copies of the documents specified in clause 5.13.) on obtaining access to the blocked content of the User (previously posted by him on the User's channel) in order to enable the movement of such content by and at the expense of The User to external sources selected solely by the User. At the same time, such access can be granted once and only with respect to the User's content that does not violate the Direct prohibitions related to the placement of content on the Platform in accordance with clause 4.7. of these rules (content that violates these requirements cannot be provided to the User).
7.10. Considering that the Administration carries out activities aimed at meeting the individual needs of Users, within the limits established by the functionality of the MATRYOSHKA Platform.TV and / or its corresponding service, then the Administration does not assume the obligation to provide services to each person who applies to it and may refuse to provide services to the User. Some services or services in the MATRYOSHKA System.TV may be available only to certain categories of Users, for example, using the functionality of the Platform and/or its services to carry out their business activities. Conditions for Users' access to specific functions and services of the MATRYOSHKA Service.TV, including their content, volume and terms are determined in the relevant terms of services and other rules of the MATRYOSHKA.TV Platform.
7.11. When quoting any materials of the MATRYOSHKA Website/ System.TV (and System services) on the Internet, a link to the original source is mandatory (subparagraph 1 of paragraph 1 of Article 1274 of the Civil Code of the Russian Federation) in the form of an active link to the relevant material, links to the MATRYOSHKA Website/ System, not closed from indexing by search engines.TV (and System services), links to the channel of the User-author, indication of the name of the author / Author of the Channel on the Website.
7.12. The Administration has the right to dispose of statistical information related to the functioning of the Site, as well as User information to ensure targeted display of advertising information to various audiences of Site Users. For the purposes of organizing the functioning and technical support of the Site and the implementation of these Rules, the Administration has the technical ability to access Users' personal pages, which it implements only in cases established by this Agreement.
7.13. Except as provided by this Agreement, as well as the current legislation of the Russian Federation, no Content may be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise used in whole or in parts without the prior permission of the copyright holder, except in the following cases when the copyright holder has explicitly expressed his consent to the free use of the Content by any person. Reproduction, copying, collection, systematization, storage, transfer of Content for the purpose of creating a database for commercial and/or non-commercial purposes and/or use of the Content in whole or in any part, regardless of the method of use, without the consent of the Administration is not allowed.7.14. Administration of the MATRYOSHKA Platform.TV provides a technical opportunity for its use by Users, does not participate in the formation of the content of the Author's channel of Users and does not control and is not responsible for the actions or omissions of any persons in relation to the use of the Platform or the formation and use of the content of the Author's channels of Users on the Site.
7.15. The Administration reserves the right at any time to change the design of the Site, its content, functionality, modify or supplement the scripts, software and other objects used or stored on the Site, any server applications at any time with or without prior notice.
8. Information intermediary
8.1. The Administration specifically stipulates that in relation to the protection of intellectual rights in connection with User Content on the Site, in the System, the Administration acts as an Information intermediary (the owner of an information resource on the Internet, on which audiovisual works are placed mainly by Internet users, and who does not choose the recipient of this information, does not affect the integrity of such transmitted information and due to the specifics of the status of the Information Intermediary Registration number 26-23-009540 Date and basis of the operator's entry into the register Order No. 12 of 02.02.2023, and is not responsible for the actions of third parties that violate current Russian legislation), and in accordance with Article 1253.1 of the Civil Code of the Russian Federation and art. 15.7 of the Federal Law "On Information, Information Technologies and Information Protection" takes measures to prevent relevant violations on the statements of Copyright Holders.
8.2. The legal status of the Administration as an Information Intermediary, with respect to the Content posted by the User (Author) on the Site, is based on the theses set out in Appendix "And", which is an integral part of this Agreement, and is mandatory for review and acceptance by the User.
9. Disclaimer of Warranties and limitation of liability
The user fully understands and confirms that:
9.1. It uses the MATRYOSHKA Platform.TV, and any Site services are entirely at your own risk. russian doll.TV, Website, any services of the Website are provided in accordance with the generally accepted principle of "AS IS" ("as it is") and only if technically possible. The Administration emphasizes the absence of any guarantees, both expressed and not expressed. The User understands and agrees that no software is free from errors, and that errors or defects may be present in the software, and agrees that the presence of insignificant errors does not constitute a violation of this Agreement and the basis for the responsibility of the Administration.
9.2. The Administration does not guarantee that:
- MATRYOSHKA platform.TV and any Site services will meet the user's requirements;
- MATRYOSHKA platform.TV and any Website services will be delivered uninterrupted, on time, error-free and safe;
- the results obtained as a result of using the MATRYOSHKA Platform.TV and any services of the Site, will be reliable or reliable;
- the quality of any goods, services, information and other materials received or purchased by the user through the Platform, MATRYOSHKA.TV and any Site services will meet the User's expectations;
- any errors in the software will be corrected.
9.3. Loading and receiving any material in another way during the use of the MATRYOSHKA.TV is performed at the risk of the User, who is fully responsible for any damage to his computer, loss of data and other consequences.
9.4. No recommendations or information received by the user orally or in writing from the Administration of the MATRYOSHKA Platform.TV, do not impose on the Administration guarantees other than those stipulated in the terms of this Agreement.
9.5. The User fully understands and confirms that the Administration is not responsible for any damage, direct, indirect, accidental, special, resulting from or in the form of final punishment imposed by the relevant competent authorities, including, but not limited to, lost profits, damage from use, loss of data or any other non-material losses, damage to reputation and other damage (also in case of receipt of a notification to the Administration about potential damage) arising from:
- the use or inability to use the MATRYOSHKA DOLL.TV, and any Website services;
- changes to the terms of the agreement, receiving data in return for those acquired through, or through the MATRYOSHKA Platform.TV and any website services or as a result of concluded transactions, messages and information received from or through the MATRYOSHKA Services.TV;
- unauthorized access to User data or modification of data transmitted by them or stored on the server in the absence of officially proven fault of the Administration;
- statements or behavior of any person on the Site;
- any other case related to the MATRYOSHKA.TV Platform and/or Services.
9.6. The Administration is not responsible to the User or any third parties for delays and interruptions in work that occur directly or indirectly for a reason that is beyond the reasonable control of the Administration, including for non-fulfillment or improper fulfillment of their obligations as a result of failures in the telecommunications and energy networks of third parties, the actions of malicious programs, as well as unfair actions of third parties aimed at unauthorized access and (or) disabling of software and (or) hardware used for the functioning of the MATRYOSHKA program code.TV, as well as for their incorrect functioning, failures and interruptions in their work, damage or loss of data contained in the MATRYOSHKA.TV software, if they were caused by force majeure, including in the case of fires, epidemics, extreme weather conditions, power outages, the spread of viral computer programs.
9.10. The User is solely responsible for taking or refusing to take measures (and is independently responsible for the possible consequences of this) for:
- preventing any loss or damage in relation to the Content posted by the User in the MATRYOSHKA System.TV;
- creation of archived and backup copies of Content placed by the User in the MATRYOSHKA System.TV;
- ensuring the security, confidentiality and integrity of access to information on the User's Personal page/ Personal Account on the MATRYOSHKA.TV Platform.
9.11. Unless otherwise agreed in writing by the Parties, the Administration does not archive the User's data/ content, and is not responsible for any types of losses that occurred as a result of the use or inability to use the MATRYOSHKA System by the User.TV, or its individual parts /functions, and does not bear any responsibility to the User or another person for the loss, damage or loss of any User content, including due to possible errors or malfunctions, except as expressly provided by law.
9.12. The Administration is not responsible for the quality of services (in particular data transmission services, cellular network operators) required to work with the MATRYOSHKA System.TV, if they are organized by third parties not involved by the Administration. The User fully understands and agrees that to work with the MATRYOSHKA Platform.If there is a need to use software (web browsers, operating systems, etc.) and equipment (personal computers, mobile phones, tablets, network equipment, etc.) produced and provided by third parties, in connection with which the Administration cannot be held responsible for the quality of their work.
9.13. In any case, the amount of losses, the compensation of which can potentially be discussed in relation to the user as a result of any violations that occurred due to the fault of the Administration and related to the use of the MATRYOSHKA System.TV, Website, any Website services are limited to the amount of 1000 (one thousand) rubles, including all necessary taxes, deductions, commissions (including bank, payment).
9.14. Unless otherwise provided by this Agreement and/or in the texts of Mandatory Documents, and/or within the framework of separate agreements on the procedure for using the MATRYOSHKA services.TV (if there are such agreements), then the Administration does not sell any goods (performance of works, provision of services) through the MATRYOSHKA Platform.TV, consumers - individuals, in connection with which the provisions established by the Law of the Russian Federation dated 07.02.1992 No. 2300-1 "On Consumer Rights Protection", which would establish the rights of consumers to purchase goods (works, services), do not apply to the relationship between the Administration and Users.
9.15. An opportunity provided to an unlimited number of people (Users/ To the Authors), upload, post, store, view, promote and perform other actions with respect to the Content via the Internet via an IP address, as well as the very fact of providing the User with access to the Site, System or any of their services, within the framework of this Agreement, does not constitute any kind of sale of goods (services) remotely, including via the Internet information and telecommunications network, on the territory of the Russian Federation. Accordingly, the provisions of Article 497 of the Civil Code of the Russian Federation, as well as Article 26.1 "Remote method of sale of goods" of the Law of the Russian Federation dated 07.02.1992 No. 2300-1 "On Protection of Consumer Rights" and the Rules for the sale of goods under a retail sale agreement, the list of durable goods that are not covered by the consumer's demand for free provision of goods with the same basic consumer properties, for the period of repair or replacement of such goods, and a list of non-food products of proper quality that are not subject to exchange, as well as amendments to certain acts of the Government of the Russian Federation (Decree of the Government of the Russian Federation dated 31.12.2020 No. 2463), do not apply to the relationship between the User and the Administration.
9.16. The Administration exercises its rights and bears the obligations stipulated by the wording of this Agreement, and unless otherwise specifically agreed by the Administration, in cases when the User will be given the opportunity to enter into any legal relationship with the Administration's Partners through specialized interfaces MATRYOSHKA.TV and / or any services of the Site, then such legal relations will be regulated exclusively by the terms of the offers determined by the Partners of the Administration, and which the User decides to use. These conditions can be communicated to the User by such Administration Partners in any available way chosen by the Partner, but in any case without the participation of the Administration in such agreements and ways of communicating their terms by Partners to each other.
9.17. The User understands and agrees that the Administration does not bear joint and independent responsibility for the actions, inaction of the Content Copyright Holders to fulfill their obligations to Partners within the framework of agreements concluded between them, or intending to conclude such agreements in the future.
9.18. In the event of a dispute or any conflict situation that has arisen between one or more Users of the MATRYOSHKA DOLL.TV, participants of the conflict - Users realize and agree that the Service is a MATRYOSHKA doll.TV (including employees, directors, agents, subsidiaries, joint ventures and their employees) do not acquire the status of any participants in judicial and extrajudicial proceedings, to the extent and to the extent that the defendants and plaintiffs in the lawsuit proceedings, debtors and recoverers in the claim correspondence, in relation to legal relations between Partners, in As a result, the MATRYOSHKA Service has the obligation to compensate for any real and indirect harm caused by Partners to each other.TV DOES NOT OCCUR.
9.19. A person who believes that his rights and interests have been violated by the actions of the Administration or third parties in connection with the placement of the MATRYOSHKA on the Platform.TV of any Materials and/or Information is obliged to notify the Administration of this by sending an email to slawyer@matreshka.tv .
10. Protection of personal information
8.1. The Administration specifically stipulates that in relation to the protection of intellectual rights in connection with User Content on the Site, in the System, the Administration acts as an Information intermediary (the owner of an information resource on the Internet, on which audiovisual works are placed mainly by Internet users, and who does not choose the recipient of this information, does not affect the integrity of such transmitted information and due to the specifics of the status of the Information Intermediary Registration number 26-23-009540 Date and basis of the operator's entry into the register Order No. 12 of 02.02.2023, and is not responsible for the actions of third parties that violate current Russian legislation), and in accordance with Article 1253.1 of the Civil Code of the Russian Federation and art. 15.7 of the Federal Law "On Information, Information Technologies and Information Protection" takes measures to prevent relevant violations on the statements of Copyright Holders.
8.2. The legal status of the Administration as an Information Intermediary, with respect to the Content posted by the User (Author) on the Site, is based on the theses set out in Appendix "And", which is an integral part of this Agreement, and is mandatory for review and acceptance by the User.
11. Notifications and messages from the administration
11.1. The user, using the MATRYOSHKA Platform.TV, gives the Administration its consent to receive advertising, marketing, statistical information (as well as to participate in any type and format of surveys, perform any Integration activities), as well as to communicate any such information by combining with copyright and other Content (any currently available and that will be available in the future, methods), including, but not limited to:
- information sent in order to improve the quality of services and inform Users about new services and features, MATRYOSHKA.TV;
- information posted on the Site and/or in the process of displaying Content;
- organizational and technical information;
- advertising/ marketing information of the Administration and/or third parties, advertisers, sent by the Administration and/or third parties in agreement with the Administration, as well as advertising of the Administration's own activities.
11.2. The specified information can be sent at the choice of the Administration: to the email address and/or mobile phone number, and/or using other communication channels specified by the User when registering on the Website and /or additionally in the Personal Account. The messages specified in this clause of the Agreement do not include official messages of the Administration related to the User's actions in the MATRYOSHKA System.TV, or Content posted by it, including notification and/or service messages sent to the User on behalf of the Administration by the telecom operator over the mobile radiotelephone network (transmission to subscribers of individual messages containing numeric, alphanumeric or alphanumeric combinations (codes, passwords), as well as other address messages containing various information), specified the messages are not advertisements. Notification and/or service messages cannot be recognized as advertising (Letter of the Ministry of Communications of the Russian Federation dated 29.09.2014 No. DA-P12-17623; see, for example, the Decision of the Eleventh Arbitration Court of Appeal dated 21.12.2015 No. 11AP-14436/2015 in case No. A65-10236/2015), including the Administration's responses to requests sent by the User. The Administration has the right to send such official messages to the User without any restrictions or obtaining additional User consent.
11.3. The User has the right to refuse to receive certain notifications and messages from the Administration, based on the functionality of the MATRYOSHKA.TV Service.
11.4. The user may at any time change the frequency of receipt of these information messages or completely refuse to receive them by clicking on the appropriate command in the information message itself (in which case it may be necessary to click on the link "Unsubscribe from the mailing list" to the appropriate Internet page and establish the required procedure for receiving information messages, or refusal to receive them in the in the future, by selecting the appropriate item in the menu that opens.
12. Final Provisions
12.1. The applicable law under this Agreement is the law of the Russian Federation. All disputes arising under the current Agreement are resolved in accordance with the current legislation of the Russian Federation at the location of the Administration.
12.2. In case of adoption of regulatory legal acts by the authorities of the Russian Federation affecting the functioning of the Site in whole or in part, the Administration reserves the right to make any changes to the functioning of the Site, and updating the Platform in accordance with the newly introduced norms of the legislation of the Russian Federation.
12.3. The Administration is not engaged in preliminary moderation or censorship of comments, as well as User Content. If the relevant obligation is imposed on the Administration by the current Russian legislation, then the Administration takes actions to protect the rights and interests of persons only after the interested person applies to the Administration in accordance with the procedure established by the Administration. At the same time, the Administration has the right, at its sole discretion, to restrict or disable the comments function from the Site and/or from any service of the Site without prior notice to Users.
12.4. Rights to all objects that make up the MATRYOSHKA technology.TV, the program code of the MATRYOSHKA System.TV, MATRYOSHKA Website.TV, and their design or any service (including mobile applications), as a whole and its individual elements, the rights to the database, which is a collection of materials and information (with the exception of user content and Content Units / materials posted by the Author, User, Partner, Copyright Holder), posted on the Site / and/or in System / on collaborative Internet resources MATRYOSHKA.TV (hereinafter, the "Database"), belong to the Administration and is managed by it legally.
12.5. The specified objects listed in clause 12.6 of the present Agreement are the result of the intellectual activity of the Administration and are protected by Russian and international legislation regulating intellectual property, copyright and related rights. At the same time, the state registration of rights to the System / "Database" is carried out exclusively by the sole decision of the Company.
By virtue of the provisions of Article 1262 of the Civil Code of the Russian Federation, such registration is not mandatory.
12.6. For any claims, questions or suggestions regarding the operation of the Service, Users can contact the Administration at the following email addresses: _______________ a> or. _______________. When making a claim to the Administration, the User must provide documents confirming the validity of the claim, as well as indicate their account details on the Service. The Administration, using its right granted to it by special norms of the legislation of the Russian Federation, has the right to request a list of additional supporting documents from the latter in order to objectively consider the User's request.
12.7. In accordance with sub-clause 6 of Clause 1 of Article 10.5. N 149-FZ "On Information, Information Technologies and Information Protection", the Administration has established the following e-mail address for sending legally significant messages emanating from the Federal Service for Supervision of Communications, Information Technologies and Mass Communications (Roskomnadzor): slawyer@matreshka.tv .
12.8. This Agreement comes into force from the moment of its acceptance by the User after registration of the account and is valid for an indefinite period.
12.9. The User has the right to terminate this Agreement by deleting his Account. The Administration has the right to terminate this Agreement by sending a corresponding notification to the User.
12.10. After termination of this Agreement, the User loses all rights to use the MATRYOSHKA System.TV, or its access to the MATRYOSHKA Platform.TV can be carried out with restrictions set by the Administration and/or the functionality of the System.
12.11. If the User has problems using the MATRYOSHKA System.TV, the Parties understand and agree that the User is obliged to familiarize himself with the information memo indicated on the next page of the Site _______________ a>. If the information on the specified page of the Site did not help, the User has the right to file a claim with the Administration at the address specified in clause 12.7 of this Agreement, which the Administration considers within 30 (Thirty) days from the date of receipt. The Parties agreed that all disputes arising from the relations of the Parties will be resolved in a pre-trial manner through negotiations, and if an agreement could not be reached, then in court at the location of the Administration, with mandatory compliance with the pre-trial claim procedure for dispute settlement.