Approved by the order of the Director
Amber Media LLC
No. 12-1/23 dated 01.12.2023
AtlantTV USER AGREEMENT
1. Terms and definitions
1.1. The Company
is a Limited Liability Company "AMBER MEDIA" registered and operating in accordance with the Legislation of the Republic of Belarus, registration number 693204722.
1.2. Video Service
– AtlantTV video service owned by the Company, intended for watching television channels, accessing VOD services (including online cinemas), as well as listening to online radio stations and other similar functions.
– an individual, who is a client of the Video Service and has decided to join this Agreement.
– any video and audio information received by the User through his use of the Video Service.
– substantive and procedural laws of the Republic of Belarus.
– this User Agreement of AtlantTV Video Service, approved by order of the Director of the Company No. 12-1/23 dated December 1, 2023.
– the Company and the User referred to jointly or separately.
1.8. Other terms and definitions are used in the User Agreement in the senses provided for by the Legislation.
2. Subject of the Agreement
2.1. The Agreement governs the relations of the Parties on all issues of the Company providing the User with the access to the Video Service and Content, as well as issues of the User’s use of the Video Service.
2.2.This Agreement is a Public Offer, and:
2.2.1. Any actions perfomed by the User, in any way and in any form, within the declared functionality of the Video Service (gaining access to the Content by the User, using any other functionality of the Video Service by the User, filling out and sending any registration forms by the User, providing by the User any of his Personal Data, etc.) is the User’s complete and unconditional consent to all clauses of the Agreement and acceptance of its terms, and it also indicates the conclusion of a bilateral deal between the Company and the User.
2.2.2. The date the User joins the Agreement is the date the Client performs any actions specified in clause 2.2.1 of the Agreement.
2.2.3. If the User disagrees with any of the terms of the Agreement, the User is obliged to refuse from further use of the Video Service.
2.2.4. If the User joins the Agreement, the User confirms that:
a) The terms of this Agreement have been read in full prior to using the Video Service.
b) All the terms of this Agreement have been accepted in full without any exceptions or restrictions and the User undertakes to comply with them or stop using the Video Service.
c) The Agreement (including any of its parts), as well as the list of Content, may be changed by the Company unilaterally without any special notice.
3.1. The use of the functionality of the Video Service is permitted only after the User has completed registration and authorization in accordance with the procedure established by the Company.
3.2. Technical, organizational and commercial conditions of using the Video Service, including its functionality, are brought to the attention of the User by publication in the Video Service software applications.
3.3. The activation code received by the User after registering in the Video Service, as well as, if available, the login and password chosen by the User are necessary and sufficient information for the User to access the Video Service on any device. The User does not have the right to transfer registration data and activation data to third Parties, and bears full responsibility for their safety, independently choosing the method of storing them.
4. Rights and obligations of the Parties
4.1. Rights and obligations of the User:
4.1.1. The User undertakes to use the Video Service only for personal, non-commercial purposes, to comply with the terms of this Agreement, and not to violate the rights and legitimate interests of the Company and/or the copyright holders of the Content.
4.1.2. The User undertakes to familiarize himself with all the terms of this Agreement. The User’s use of the Video Service after any changes and/or additions to the Agreement enter into force implies the User’s unconditional consent to such changes and/or additions.
The User’s ignorance of the current terms of the Agreement does not relieve the User from the obligations provided for in the Agreement, as well as from liability for their failure to fulfill and/or improper performance.
4.1.3. The User guarantees that when using the Video Service, he does not and will not carry out any actions aimed at unauthorized use of the Video Service, viewing/listening, copying the Content of the Video Service, as well as any other actions aimed at changing the functional characteristics, destabilizing the operation of the Video Service.
4.1.4. By joining the Agreement, the User gives his consent to receive information, including advertising materials, push notifications from the Company in any way not prohibited by Legislation, in particular in the Video service interface, at any time, as well as by email address, phone number of the User or in any other way, and the User has the right to refuse to receive such information.4.2. Rights and obligations of the Company:
4.2.1. The Company undertakes to provide the User with access to the Video Service in the manner and under the conditions provided for in this Agreement.
4.2.2. In case of violation by the User of the terms of this Agreement; and/or provisions of the Legislation, the Company has the right, at its discretion and without special notice to the User, to limit the User’s access to the Video Service, certain Content, other services provided through the Video Service. In this case, by the fact of the User’s accession to the Agreement, the Client releases the Company from any types of reimbursements and compensation for the Company’s exercise of rights under this clause of the Agreement.
4.2.3. The Company hereby informs the User that changes in the list of Content units available to the User in the Video Service are carried out on a daily basis, based on the conditions and requirements of the copyright holders of the Content, in connection with which the Company has the right, without special notice to the User, to change the list and other characteristics of the Content, other information posted in the Video Service, as well as the functional parameters of the Video Service.
In this case, by the fact of the User’s accession to the Agreement, the User releases the Company from any types of reimbursements and compensation for the Company’s exercise of rights under this clause of the Agreement.
4.2.4. The Company has the right to take any actions that do not contradict the Legislation in order to prevent unauthorized access to the Video Service and Content, destabilization of the operation of the Video Service and other actions that violate the rights and legitimate interests of the Company and/or the copyright holders of the Content.
4.2.5. By this Agreement, the User is notified that if facts of violation of the Agreement and the procedure of using the Video Service are revealed, the Company has the right to use all methods provided for by the Law to protect the violated right, including: contacting law enforcement and judicial authorities in order to bring the User to justice.
5. Responsibility of the Parties. Settlement of disputes
5.1. In case of non-fulfillment and/or improper fulfillment of the terms of this Agreement, the Party that committed the violation shall be liable in accordance with the current Legislation applicable to the Agreement.
5.2. The Company does not guarantee error-free and uninterrupted operation of the Video Service and is not responsible for damage (including lost profits) caused to the User by technical failures of hardware or software that did not occur on the Company’s side and are beyond the reasonable control of the Company.
5.3. The Parties are not responsible for non-fulfillment or improper fulfillment of their obligations under the Agreement if their non-fulfillment is caused by force majeure (issuance of legislative acts and other actions of government authorities resulting in a limitation of the company’s ability to provide communication services, as well as natural disasters, catastrophes, military actions and so on).
5.4. The User is solely responsible for his actions related to the use of the Video Service, posting comments and other similar information in the Video Service interface.
5.5. The User understands and agrees that:
5.5.1. The access to the Video Service and Content, as well as to other services, is provided on an “as is” basis.
5.5.2. The Company is not responsible to the User for the Content material or other information posted on the Video Service by the Company, other Users or third Parties. Responsibility for the Content material lies entirely on its copyright holders, and for the content of other information posted on the Video Service - on other Users or third Parties who posted such information.
5.5.3. The Company is not responsible for the content, reliability of advertising information posted on the Video Service, or for the quality of advertised goods/works/services.
5.5.4. The Company is not responsible for any technical malfunctions, delays in processing or transmission of data, delays in receipt of payments for paid access services to the Content, unauthorized access of third Parties to the Content, for temporary interruptions in operation, including those arising as a result of testing, installation, updating and maintenance of Video Service equipment.
5.5.5. In cases where the User violates the terms of the Agreement and/or the provisions of the Legislation, the Company is not liable to the Client or any third Parties for any direct or indirect damage, including lost profits, damage to honor, dignity or business reputation that arose in connection with the use of the Video Service.
5.5.6. In the event that any claims, lawsuits, or any other requirements are presented to the Company and/or a third Party related to the use of the Video Service by the User or a third Party using the authorization code, the User’s account, the User is obliged to settle the above claims/lawsuits/demands on their own and at their own expense and compensate in full all expenses and losses incurred by the Company.
5.5.7. Content is posted on the Video Service in Russian and/or other languages with or without dubbing/translation/voiceover/subtitles into Russian at the Company's discretion and in accordance with the Company's rights to language versions of the Content from the copyright holders for such Content. The User accepts and agrees to view and/or listen to the Content in the language version that is available in the Video Service.
The User hereby undertakes to refrain from claims and/or demands to the Company regarding the availability in the Video Service of a particular unit of Content that will be translated and voiced into Russian or other languages.
5.5.8. Access to viewing TV channels is carried out by retransmitting them (bringing them to the public) without changing the form or content, and therefore the Company is not responsible for the quality of broadcasting, the occurrence of technical failures, interference when watching a TV channel and other factors that deteriorate the quality broadcasting.
The Company is not responsible for changes in the broadcast mode of TV channels.
5.6. The Company undertakes not to use the User’s credentials for purposes unrelated to this Agreement and guarantees non-disclosure of the specified data. The disclosure by the Company of information about the User at the request of government, regulatory authorities, law enforcement agencies, and judicial authorities is not considered a violation of the terms of the Agreement, in cases where the disclosure of such information is the Company’s responsibility in accordance with the Legislation.
5.7. The Client and the Company agree that all disputes and disagreements that may arise from the Agreement or in connection with it will be resolved through negotiations with mandatory compliance with the pre-trial procedure for resolving disputes.
5.8. If Agreement between the Parties is not reached, all disputes regarding the execution of this Agreement shall be resolved in court in accordance with the Legislation at the location of the Company.
6. License to use Content
6.1. All intellectual property rights to use the Video Service belong to the Company, and to the Content - to its legal copyright holders. Video service and Content, as objects of intellectual property, are subject to legal protection in accordance with the Legislation and international legal norms.
6.2. Unless otherwise expressly provided in the Agreement or specified by the Company, the User does not receive intellectual property rights to the Content, in particular, does not have the right to reproduce units of Content, sell, otherwise alienate, publicly display, publicly perform, make available to the public, etc. For violation of the intellectual property rights of the Company, Content copyright holders or Third parties, the User is responsible in accordance with the Legislation and international legal norms.
6.3. Any actions aimed at circumventing technical protection measures under this Agreement in order to gain access to the Content are the violation of copyright, and the User bears the responsibility provided for by law.
6. Final provisions
7.1. The User is not allowed to transfer his rights and obligations under this Agreement to third Parties.
7.2. The Company reserves the right to unilaterally change the Agreement at its discretion by posting a new version of the Agreement on the website www.atlan.tv
In some cases, when changing the Agreement, the Company also reserves the right to notify the Client of this fact in any way not prohibited by the Legislation.
7.3. In all cases not regulated by the Agreement, the Parties are guided by the Legislation.
AMBER MEDIA LLC
Legal address: 223610 Minsk region, Slutsk, st. Komsomolskaya, 5A