User Agreement "Internet media stream LTD"
1. Subject and general provisions of the agreement
1.1 The subject of this User Agreement (hereinafter - the "Agreement") is the relationship between the site administrator https://www.ottclub.cc (hereinafter - the "Site"), and you (hereinafter - the "User"), regarding the use of the OTT platform (hereinafter - "Platform").
1.2 The user is any individual who uses the Platform on a paid or free basis, regardless of the fact of registration on the Site.
1.3 The Platform provides Users with access to the user support service for consultation, technical support for users to help in setting up devices, to the electronic program guide of channels.
2. Rights and obligations, guarantees of the user
2.1 The User's use of the Platform, any of its services means the User's unconditional consent to all clauses of this Agreement, with all its amendments and additions, and unconditional acceptance of its terms. If the User disagrees with any of the terms of this Agreement, the User is obliged to refuse further use of the Platform.
2.2 The User undertakes to use the Platform only for personal non-commercial purposes, to comply with the terms of this Agreement, not to violate the rights and legitimate interests of the Administrator and / or the channel owners.
2.3 The User undertakes to familiarize themselves with the terms of this Agreement and independently monitor their changes. The continued use of the Platform by the User after any changes and / or additions to the Agreement implies the User's consent to such changes and / or additions. The User's ignorance of the current terms of the Agreement does not release the User from the obligations provided for in the Agreement, as well as responsibility for their failure to comply and / or improper implementation.
2.4 The User hereby confirms that they have reached the age of 18 or any other age established as the minimum allowed in the country where the User is located to watch the corresponding channel and / or to be able to pay for the use of the Platform in cases provided by the Administrator. A user who has not reached the required age undertakes to refrain from access to viewing such a channel and / or from making payments for viewing it without the consent of parents, adoptive parents, guardians, trustees or other legal representatives in accordance with the current legislation of the respective country where the User is located. Otherwise, responsibility for violation of the terms of this clause of the Agreement by the User who has not reached the required age rests with the parents, adoptive parents, guardians, trustees or other legal representatives in accordance with the current legislation of the respective country where the User is located. The administrator is not responsible for the legality of viewing / listening to channels by the User.
2.5 The User guarantees that when using the Platform, they do not and will not carry out any actions aimed at bypassing technical means of protection against unauthorized use of the Platform, viewing / listening, copying channels, in particular, the system of territorial restriction of access to viewing channels, as well as any other actions aimed at changing the functional characteristics, destabilizing the operation of the Platform.
2.6 The User hereby gives their consent to receive information, including advertising materials, push notifications from the Administrator by any method not prohibited by applicable law applicable to the Agreement, in particular in the Platform interface, at any time, as well as by email address, the User's phone number or otherwise.
3. Rights, obligations and guarantees of the administrator
3.1 The Administrator undertakes to provide the User with access to the Platform in the manner and on the terms provided for in this Agreement.
3.2 The Administrator has the right, at his discretion and without special notification of the User, to restrict the User's access to the Platform, to certain channels, including through a system of territorial restriction of access to viewing channels, to change the list and other characteristics of channels, other information posted on the Platform, as well as functional parameters of the Platform. By agreeing to this clause, the User releases the Administrator from any types of refunds, compensations and refunds for the Administrator's exercise of the rights under this clause of the Agreement.
3.3 The Administrator has the right to take any actions that do not contradict the current legislation applicable to this Agreement in order to prevent unauthorized access to the Platform, the channels posted on it, destabilize the Platform and other actions that violate the rights and legitimate interests of the Administrator and / or the channel owners.
4. Responsibility of the parties. Limitation of liability
4.1 The Administrator has the right at any time, at his discretion, to suspend, restrict or terminate the User's access to the Platform or to its individual services, including, but not exclusively, if the User violates the terms of this Agreement, the current legislation applicable to this Agreement, and also if the Administrator has reason to consider the User's actions as unfair, aimed at disrupting the operation of the Platform and / or such that may lead to a violation of the rights, legitimate interests of the Administrator and / or the channel owners, harm their business reputation, and the like. In the event that the termination / restriction / suspension of access to the Platform was due to the fault of the User, including as a result of the above actions, the funds paid by the User for access to the Platform are not refundable. The Administrator is not responsible for any damage that may be caused to the User by such actions.
4.2 The user understands and agrees that:
4.2.1 Access to the Platform, including channels and other services, is provided "as is" and the Administrator does not guarantee their compliance with the User's expectations.
4.2.2 The Administrator is not responsible to the User for the content of channels or other information posted on the Platform by the Administrator, other Users or third parties. Responsibility for the content of the Content and TV channels is fully borne by its copyright holders.
4.2.3 The Administrator is not responsible for the content, reliability and accuracy of advertising information posted on the Platform, and for the quality of the advertised goods / services.
4.2.4 The Administrator is not responsible for any technical problems, delays in the processing or transmission of data, delays in the receipt of payments for services to access the Platform, unauthorized access of third parties to viewing channels, safety of the User's login and password. The Administrator does not guarantee the error-free and uninterrupted operation of the Platform and by default is not responsible for any harm caused to the User by technical failures of hardware or software on either side.
4.2.5 The Administrator is not liable to the User or any third parties for any direct, indirect, unintentional damage, including lost profits, damage to honor, dignity or business reputation that arose in connection with the use of the Platform, including channels or other services, provided through the Platform. In any case, when the User pays for the services of access to the Platform, the Parties accept and agree that the amount of possible compensation by the Administrator of losses of the Users for any violations related to the use of the Platform or this Agreement is limited to the amount of such payment made by the User for the relevant service. In the event that the User has documented losses in connection with this Agreement, the Parties accept and agree that the amount of possible compensation by the Administrator can be not more than 15 EURO.
4.2.6 In the event of any claims, claims, or any other claims related to the use of the Platform by the User or a third party from the User's account against the Administrator and / or a third party, the User is obliged to settle the above claims / claims / claims with his own by forces and at its own expense and to compensate in full all costs and losses incurred by the Administrator.
4.2.7 The Administrator is not responsible for the availability and content of third-party websites on the Internet, the transition to which is carried out through hyperlinks placed in the interface of the Platform and the Site, as well as for any consequences associated with the use of such websites.
4.2.8 channels are posted on the Platform in Russian or other languages with or without translation / voice acting / subtitling into Russian at the option of the Administrator. The User accepts and agrees to view and / or listen to the Content in the language version that is available on the Platform.
4.2.9 Access to viewing channels is carried out by providing the User with URLs that the Administrator found in the public domain on the Internet, and therefore the Administrator is not responsible for the quality of broadcasting, the occurrence of technical failures, interference when viewing channels and other factors that worsen the quality of broadcasting. The administrator is not responsible for changes in the broadcasting mode of channels and / or their unavailability for any reason.
4.3 Referral Partner Responsibility. A referral partner is prohibited in order to promote their own referral resource: website, landing page, pages on social networks, video blog, etc. set up paid advertising on Internet search engines (especially Google, Yandex, etc.), as well as on social networks (Facebook, Instagram, etc.), using any trade names of the Company as keywords.
4.4. The referral partner is prohibited from creating domains, landing pages, etc. using and copying the domain name, design and content of the company's official website www.ottclub.cc.
5. User registration
5.1 To access the Platform, the User must register on the Site by creating his own account.
5.2 Registration is carried out by entering the User's email address (login) and password on the Site
5.3 The user has the right to create several accounts, taking into account that the creation of more than one account for one email address (login) is not allowed.
5.4 Subsequent entry into the registered User account is carried out by authorization.
5.5 The User is responsible and independently takes measures to ensure the security of his account, including control over the e-mail address (login) specified in the account, the safety of the User's login and password. The User is fully responsible for all actions taken using the User's account. The User undertakes to immediately notify the Administrator of any cases of unauthorized use of the User's account by third parties.
5.6 The User undertakes, without the prior written consent of the Administrator, not to sell, otherwise alienate or transfer for use and the like to third parties, the account and / or data allowing access to it.
5.7 In case of loss of information and / or inability to log into his account, the User can resume it by entering his e-mail address (login), to which an email will be automatically sent with a link to reset the password.
5.8 The User is aware that for different countries the list of Content available for viewing is different, the Administrator does not guarantee the availability of this list of Content if the User uses his account in another country of residence.
6. Providing access to content viewing
6.1 The Administrator provides the User with access to the Platform on the following conditions:
6.1.1 Subscription Access - means that the Administrator provides the User with the ability to access the Platform, during the validity period of Subscription Access in accordance with the rules, restrictions and technical requirements specified in this Agreement. At the same time, the Administrator has the right to provide within the Platform several varieties (types) of Subscription Access. The beginning of the subscription period is calculated from the moment the User pays for it and the fact of payment for such a service is reflected in the Administrator's electronic payment accounting system. More detailed information on the types of Subscription Access can be found in the Site interface.
6.1.2 The Administrator can set access restrictions to the Platform from several Devices simultaneously.
6.1.3 If it is impossible to provide access through the fault of the Administrator to access to the Platform for more than one day, but less than 30 (thirty) calendar days from the date of payment, the Administrator, upon the written request of the User, extends the User's access period for the appropriate period ( if possible) or returns the amount paid by him to the User. The User sends a request to the Administrator's email address specified in clause 11.8. present agreement.
6.1.4 The cost of access to the Platform can be changed by the Administrator at any time at his own discretion without any notification to the User.
6.2 By paying for access to the Platform, the User is notified and agrees that:
6.2.1 The User and the Administrator under the terms of this Agreement confirm and agree that the Services for providing access to the Platform are considered provided at the time of payment by the User.
6.2.2 The Service is considered to be provided by the Administrator properly and in full, regardless of the fact that the User uses the provided access to the Platform
6.2.3 Upon expiration of the period of paid access to the Platform, the use of the Platform becomes unavailable for the User
6.2.4 Payment for access can be carried out without the direct participation of the User, but with his prior consent on an ongoing basis by automatically debiting funds from the bank account or account in the User's electronic payment system and the like, in accordance with the rules and conditions of the bank and / or payment system, subject to the availability of funds on such an account. This clause is the User's consent to the contractual debiting of it by the servicing bank from his account when choosing the "automatic renewal" option in his account and / or when registering any type of access. Automatic debiting of funds for paid types of access to the Platform occurs systematically, in accordance with the duration of access selected by the User, prior to the commencement of service provision for any of the types of paid access in the amount of the cost of such access for a certain duration of access. The next term of access to the Platform is 30 (thirty) calendar days with the corresponding cost of such access for 30 (thirty) calendar days at the time of automatic renewal. More detailed information on paying for access through automatic debiting of funds can be found in the Site interface. In case of a change in the cost of access, the Administrator notifies the User who paid for such access by displaying the corresponding change in the interface of the Site.
7. Technical requirements
7.1 Access to the Platform is provided subject to the technical requirements provided for in this Agreement and in the Site interface.
7.2 The User confirms and agrees that access to the Platform is provided to the User only through the Devices. The Services may not be available (have limited functionality) when using Devices that do not meet the technical requirements for using the Platform, as well as if there are other restrictions provided by the Administrator. The list of Devices used by the User may be changed by the last one in his account.
7.3 The Administrator shall establish technical means of protecting access to the Platform from unauthorized access and / or other actions prohibited under the terms of this Agreement or the current legislation applicable to the Agreement.
7.4 To access the Platform through the Device, it is necessary that the User has installed the appropriate software that allows the reproduction of the Content.
7.5 The quality of viewing channels depends on the speed of the Internet and other criteria, including the model of the Device used, about which the Administrator notifies the User.
7.6 All questions regarding the acquisition of Internet access rights, purchases and adjustments for the respective Devices and software applications are resolved by the User independently. Such issues are not subject to this Agreement, and the Administrator is not responsible for these actions of the User or third parties.
7.7 The Administrator is not responsible for any damage to the equipment or software of the User or another person caused or associated with the use of the Platform.
8. User account (profile)
8.1 After registering on the Site in the manner provided for in section 5 of this Agreement, the User gains access to their account.
8.2 An account under this Agreement means the User's account on the Site, which includes the information necessary to identify the User and information for authorization.
8.3 Using the account, the User can:
8.3.1 Fill in their profile with information about themselves, make changes to it, when they change their own data
8.3.2 Control the validity of their accesses, the term of payments, as well as the history of payments and access to the Platform
8.3.3 Perform other actions described in this Agreement
9. Protection of personal data
9.1 The user undertakes and guarantees to indicate accurate and reliable personal data and to keep them up to date. The User understands and accepts that the provision of inaccurate information to the Administrator may lead, among other things, to non-receipt of up-to-date information, notifications, warnings from the Administrator, termination of this Agreement.
9.2 The Administrator has the right to store and process any information entered by the User on the Site or provided to the Administrator in any other way (including the IP and MAC addresses of the User, location data of the User, the version of the operating system and settings of the Device through which the User gains access to the Site, the Platform, etc.).
9.3 The Administrator takes the necessary and sufficient organizational and technical measures to protect the User's personal data from unauthorized access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties.
9.4 The Administrator undertakes not to disclose information about the User to third parties without the consent of the User, with the exception of disclosing information at the request of the court and / or law enforcement agencies in accordance with the applicable current legislation of the relevant country.
9.5 The User agrees to the processing, including the use of cross-border data transfer, by the Administrator or third parties on behalf of the Administrator of personal data provided by the User, in particular name, surname, pseudonym, date of birth, e-mail address and login, gender, age and other things, for the following purposes:
9.5.1 User identification within the framework of using the Platform
9.5.2 Ensuring the possibility of using the Platform, providing the User with services of access to viewing the Content, as well as providing information services to the User
9.5.3 Communication with the User, including sending notifications, requests and information regarding the use of the Platform, as well as processing requests and applications from the User
9.5.4 Improving the quality of the Platform, ease of use
9.5.5 Targeting advertising materials
9.6 The user is notified and agrees that in case of cross-border transfer of his personal data, the recipients of such data may be located in foreign countries that do not provide adequate protection of the rights of subjects of personal data. At the same time, the Administrator undertakes to take all appropriate actions to ensure the confidentiality and security of any Personal Data transferred to the territory of any foreign countries.
9.7 The processing of personal data is any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction , use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
9.8 The User's consent to the processing of his personal data is valid and the term of use of personal data is valid during the period of use by the User of the Platform and 5 (five) years after the end of the last fact of the User's access to the Platform, unless a longer period is provided for by the current legislation applicable to the Agreement.
9.9 If the User considers it necessary to revoke his consent to the processing of his personal data, the User must send a notification to the email address: firstname.lastname@example.org. In this case, the Administrator deletes the User's account from the Site and his personal data. The right provided for in this clause may be limited in accordance with the requirements of current legislation. In particular, such restrictions may stipulate the obligation of the Administrator to save the information deleted by the User for the period established by the current legislation, and transfer such information in accordance with the legally established procedure to a state authority.
9.11.1 Storing the User's credentials required to automatically log into his account, without the need for the User to re-enter such data. Also, to remember the User's settings for previous visits to the Site, the Platform (country, language, etc.), to remember the answers to questions addressed to the Users of the Platform (for example, gender, age, etc.)
9.11.2 Obtaining detailed technical data on the actions of the User, for example, information about the last visited page, the number of pages visited and the time spent on them, the interval between mouse clicks. Thanks to this, the Administrator can determine the most popular channels and improve the quality of services provided to them.
9.11.3 Obtaining information about the advertising and information materials viewed by the User
9.12 To change the settings for cookies, the User can use the settings of his browser.
9.13 When the User uses software applications, the Administrator can receive information about the Device, including the model, operating system, screen resolution, unique identifier of the Device.
10. Intellectual property
10.1 All intellectual property rights for the use of the Platform belong to the Company, and to the channels posted on the Platform - to its legal owners. The platform and channels, as objects of intellectual property, are subject to legal protection in accordance with the current legislation of a specific territory in which the User gains access to the Platform and viewing channels, and international legal norms.
10.2 Any actions aimed at circumventing technical means of protection in accordance with this Agreement in order to gain access to viewing such Content are a violation of copyright, and the User independently bears legal and other responsibility provided for by applicable current legislation for such actions.
10.3 In the event that channels or other information provided in the Platform will be communicated publicly, for example, in entertainment venues and places of leisure, the organizers of such public communication are responsible and independently resolve the claims of copyright holders and / or third parties related to such use ...
10.4 It is forbidden to sell and distribute playlists of the OTTCLUB website under someone else's brand without the permission of the resource Administration.
11. Rules for registration and unsubscription
11.1 By subscribing, the client confirms that he has used the free test version of setting up his equipment, checked the functions, capabilities, restrictions of the subscription being issued.
11.2 After completing the payment, the subscription will be available within 15 minutes.
11.3 The client will receive 3 notifications by e-mail: 3 days, 2 days, 1 day before the end of the subscription. The notification data will include the date of the next charge and a link to quickly unsubscribe.
11.4 The client has the right to independently cancel the subscription using his personal account.
11.5 It is impossible to cancel a paid subscription. The client has the opportunity to cancel the debiting of funds for the future period.
11.6 If during the payment process for the subscription it is impossible to withdraw funds, the client will receive a notification by mail about each unsuccessful attempt to withdraw funds. There are 5 such notifications in total. If, after 5 notifications, the customer still fails to complete the payment process, the subscription will be canceled automatically.
12. Payment for the service
12.1 Payment Methods. To use the OTTCLUB service, the User must specify one or more payment methods. In the event that the User's main payment method is rejected or is no longer available, the User authorizes OTTCLUB to charge any payment method specified by the User. If the payment was not successfully made due to: insufficient funds on the card, expiration of the card or for other reasons and the User does not cancel his account, OTTCLUB may suspend the User's access to the service until the payment is successfully made. For some payment methods, the issuer may charge the User certain fees, such as fees for foreign transactions or other fees associated with the processing of the payment method. Local tax fees may vary depending on the payment method used.
12.2 Updating Payment Methods. The user can update the payment methods for the account by going to the "Account" page - www.ottclub.cc/billing.
12.3 The user of the account must maintain control over the devices authorized on the website - www.ottclub.cc, which are used to access the service and not disclose the password or information about the payment methods associated with the account to anyone. The User is responsible for updating and maintaining the accuracy of the information that the User has provided to OTTCLUB. OTTCLUB may close or suspend the User's account in order to protect the User, OTTCLUB or our partners from identity theft or other fraudulent activities.
12.4 Electronic communications. OTTCLUB will send the User information related to the User's account (for example, data on payment for services, invoices, password changes or payment method) only in electronic form, for example, by e-mail to the User's email address specified during registration.
12.5 It is impossible to cancel a paid subscription. The user has the ability to cancel the debiting of funds for a future period.
12.6 If during the process of paying for the subscription it is impossible to write off the funds, the User will receive a notification by mail about each unsuccessful attempt to pay for the service. If, after 3 notifications, you still cannot complete the payment process, the automatic renewal of the subscription will be canceled.
13. Additional terms
13.1 This Agreement is freely available on the Site for the User. The valid version of the Agreement is available at https://www.ottclub.cc/info/agreement.
13.2 This Agreement is concluded for an indefinite period and extends its effect to Users from the moment the Platform is used.
13.3 All disputes, disagreements, claims and claims under this Agreement shall be resolved through negotiations. In case of failure to reach agreement between the Parties through negotiations, the dispute shall be resolved in court at the location of the Administrator in accordance with the current legislation applicable to the Agreement.
13.4 The invalidity (nullity) or non-compliance with the applicable current legislation of any of the terms of this Agreement does not affect the validity of its other terms. If any of the terms of the Agreement is recognized as invalid (null and void), the Administrator undertakes to immediately replace it with another condition that will most closely correspond to the content of the replaced condition, but at the same time be valid.
13.5 The headings in the Agreement are provided for convenience and do not affect the interpretation of the content of the articles of the Agreement.
13.6 All terms that are capitalized in the text of this Agreement have the meanings that are given for them in this Agreement and their meanings apply to all word forms, both singular and plural. Other terms that are used in this agreement and are not defined by it have the meanings that are defined in the current legislation applicable to this Agreement. The words “including” and “included” also mean “without limitation”.
13.7 Any obligation of a party not to take an act includes an obligation not to allow such an act.
13.8 In case of any questions, notifications, suggestions, complaints regarding the Platform, the Site, the User can contact the Administrator by sending an appropriate letter to the address: email@example.com
13.9 In the event that the User submits, including if the User is the owner of the copyright that has been violated, complaints regarding the channel hosted on the Platform, the User is obliged to provide documents that confirm the grounds for the complaint, clear reasoning and contact information for communication.