This User Agreement (hereinafter: the Agreement) regulates the relationship between the Limited Company AMI Media Service (located at the address: Russian Federation, 101000, Moscow, Maroseyka Street, build. 13, office 13) — administration of VIDEODATING.com service (hereinafter: the Administration), which provides the general public with a possibility to upload, post, store, view, promote and perform other actions with respect to Materials and Information, and an Individual using any of these VIDEODATING possibilities (hereinafter: the User).
By using VIDEODATING, including the Website, the User acknowledges that he has read and fully agreed (accepted) with the terms of this Agreement without any modification or withdrawal. Additionally, the User agrees to use VIDEODATING, including the Website, in accordance with applicable law of the Russian Federation, as well as not to interfere in the VIDEODATING and/or the Website working process or attempt to gain access to the Materials, Information and functions of VIDEODATING and/or the Website using methods that have not been directly provided by the Administration.
If the User does not agree with the terms of this Agreement, the User has to delete (see p.3.6 of this Agreement) his/her current account (if the User has been previously registered on the Website) in order to terminate the Agreement, and stop using VIDEODATING, including by visiting the Website.
Administration has the right to forward notifications, messages and other information materials related to the process and methods of use of VIDEODATING to the User. User has the right to opt out from receiving certain notifications and messages sent by Administration when VIDEODATING provides such option.
When User addresses the Administration with an application, the Administration has the right to request from the User to present documents confirming the information indication in his/her application, and the User has the rights to send such application. In case the User fails to provide Administration with the requested documents or information, the Administration has the right not to take any action in connection with the application of the User.
1. Terms used in the Agreement
1.1 VIDEODATING — is an integrated hardware and software system of the Administration, which contains information accessible by the general public and allows any person to access this information from anywhere and at any time out of preference through the computer and/or other, including wireless, unattached devices (pocket PC, phones for cellular networks or for other wireless networks, etc.) using any technologies, standards and protocols (web, wap, IP TV, etc.), as well as through computer programs purposely designed for specific mobile operating systems (Android, iOS, Windows Phone and others), phones for cellular networks (mobile applications), and computer programs that were specifically designed to bring audio, video and audiovisual works to the public users of the Internet through such devices as television receivers, independently or using additional equipment providing access to the Internet and review the above mentioned works.
1.2 Website — is a website that constitutes a part of VIDEODATING and is an integrated set of hardware and software, as well as of information presented in text, graphics, video, audio and any other form available online in the Internet and identified by their unique address (URL): VIDEODATING.com.
1.3 Author — is the User who has registered on the Website to get access to additional features (services) of VIDEODATING. Any user who has reached the age when he/she can enter into a legally binding contract with the Administration of VIDEODATING can become an Author.
1.4 Materials — are audio, video and other (multimedia) materials (including audiovisual works), uploaded (posted) by the Author directly to VIDEODATING.
1.5 Information – is graphics and text materials uploaded (posted) by the Author to VIDEODATING.
1.6 Rightholder – is a legal or natural person who is the holder of the rights for use of audiovisual work (in whole or in part), and who has provided the Administration with the original materials of audiovisual works (the right for the use of which is owned by such Rightholder) within the framework of collaboration and cooperation, including for the protection of the rights belonging to the Rightholder for the use of the above mentioned audiovisual works.
1.7 System – is a computer program that allows to verify Materials with the original materials of audiovisual works provided by the Rightholder; in case if the Materials containing fragments (of audio, video, or audio-visual range) with audiovisual work of the Rightholder are detected, to process such Materials and perform such actions as agreed with the Rightholder based on functionality of the system.
1.8 Personal Page – is a section of the Website that is provided to a specific Author at his/her registration, in which the Author can post and/or remove Materials and/or Information, perform other actions with respect to this section within the technical capabilities of VIDEODATING, including Website.
The Author posts and/or removes Materials and Information on VIDEODATING in accordance with the conditions specified in this Agreement and by the Administration.
3. Registration and User Account
3.1 For additional VIDEODATING services, the list of which is determined by the Administration unilaterally (in particular, possibility of downloading, storing, posting and arranging of Materials and Information), the User must create an account (to register) on the Website by filling in the fields in the “Registration” section of the Website.
3.2 User can access his/her account with registration details: username (email address) and password.
3.3 User provides his/her own login upon registration.
3.6 Author has the right to edit and/or delete his/her account at the Website at any time.
3.7 Account can be deleted in the following manner:
- Author clicks “Delete My Account" button in “Settings” section of the Website. Immediately after clicking the button mentioned in this paragraph of the Agreement, the Account will be automatically disabled for a period of 30 days, during which all Materials and Information, as well as other data of the Author posted in such Account will not be deleted, but hidden for other Authors and Users;
- User can restore his/her account by logging in to the Website within the indicated period of 30 days, using his/her registration details on the Website (login and password). After that, User Account will be restored, access to the mentioned Materials and Information, as well as other data of the Author will be restored in the full scope available at the moment such Materials and Information were disabled (except for Materials and Information that violate terms and conditions of the Agreement and other rules regulating the operation of the Website and VIDEODATING, as well as the applicable law of the Russian Federation);
- if within the above indicated 30 days User Account is not restored, all Materials, Information and other data, posted by the Author using his/her Account cannot be recovered after the termination of this period.
3.8 Administration has the right to block or delete User Account of the Author at its sole discretion in the event if the Author does not use the Website (does not perform authorization with his/her username and password) for 12 calendar months from the date of the last authorization, as well as in other cases provided in this Agreement.
4. Responsibility of the Author
4.1 Author is solely responsible for any actions taken during the use of his/her Account, and shall ensure the confidentiality of the password that provides access to the User Account. Author also undertakes to take measures to change this password in the event of any suspected violation of the confidentiality with respect to the password of the Author used to access his/her account. Author is solely responsible for the safety of the chosen (or not changed temporary) password (it shall not be easy to guess), as well as for maintaining of the his/her password confidentiality. Author is solely responsible for all actions (and their consequences), performed within the framework or during the use of the Website’s services with the account of the Author, including cases of voluntary transfer of data to the third parties permitting the access to the Author's account under any conditions (including contracts or agreements). Moreover, all actions performed at the Website with the Account of the Author will be deemed as performed by the Author him/herself, except for the cases when the Author notifies the Administration in the manner provided in this Agreement of any unauthorized access to the Website through his/her Account and/or any other breach of (suspected abuse) the confidentiality of his/her password.
4.2 Author is solely responsible for the posted Materials and/or Information, as well as for the consequences of posting or publishing of such Materials and/or Information on the Website. VIDEODATING does not support any Content or any of the opinions, recommendations or advices expressed in such Content, and does not bear responsibility for the contents of such Content to the extent permitted by applicable law.
4.3 Author guarantees that he/she has (and will have during the use of VIDEODATING services) all necessary licenses, rights, approvals and permits required for VIDEODATING to use Materials and/or Information posted by the Author in accordance with this Agreement.
4.4 Author agrees not to upload, post or otherwise make available Materials and/or Information, possession and distribution of which by the Author is unlawful, or use, possession or distribution of which by VIDEODATING would be unlawful.
4.5 In case of violation of legal rights and/or interests of third parties, current legislation of the Russian Federation, as well as the provisions of this Agreement, Administration of the Website has the right to take the following measures at its own discretion:
- to delete Materials and/or Information uploaded by the Author and/or block access to them;
- to block access of the specific users to the profile of the Author;
- to block access of the Author of his/her Personal Page;
- to transfer the right of access to the Personal Page, as well as the right to use the registered name of subdomains to the legitimate rightholder;
- to exclude Personal Page from the search engines and/or block it.
5. Terms and Conditions for Posting Materials and Information
5.1 Author will not be paid any remuneration for the uploaded Materials and/or Information, except as otherwise expressly provided in the special provisions posted by the Administration on the Website.
5.2 From the beginning of the process of posting (uploading) of relevant Materials and Information, the Author who has posted (uploaded) Materials and Information directly to VIDEODATING through the Website, authorizes the Administration to freely use (under the simple (non-exclusive) license) Materials, Information and/or their parts (fragments) by any means, in any form or for any purpose, provided by the p. 2 article 1270 of the Civil Code of the Russian Federation, as well by any means, in any form or for any purpose that might arise in the future, using any means and in any way possible for VIDEODATING, including by providing access to Materials, Information and/or their parts (fragments), and to bring such Materials, Information and/or their parts (fragments) to the public within the Website or other services available for VIDEODATING (mobile applications, IP TV, etc.), so that anyone could access any Materials from any place and at any time of their choice (as with and without possibility of storing in the computer memory and/or other wireless unattached devices and/or use of search and management techniques, including through the use of IPTV, ISDN, WAP and other technologies, including wireless or other analog and digital telecommunications and other networks, and any communication systems), as well as to add these Materials, Information, or any of their parts (fragments) to any other audiovisual works and to create derivatives of audiovisual works, and to air and cable such Materials without payment of any remuneration (unless otherwise expressly provided in the special provisions posted by the Administration on the Website) on the territory of the entire world for the duration of the exclusive rights for the Materials and Information without any restrictions on the duration and volume of their use.
5.3 Author gives consent for the Administration to grant the rights to the third parties to use Materials (sub-license) to the extent specified by the Administration on a paid or free of charge basis.
5.4 Administration has the right to post advertising materials, videos, banners and ads, including the ones from the third parties, on the pages of the Website that contain Materials and Information of the Author, to play them through VIDEODATING together with the Materials, and to modify and process Materials, as well as to use the Materials for other commercial purposes.
5.5 Administration has the right but is not obligated to provide the Author with any reports and/or information on the use of Materials and Information posted (uploaded) by the Author.
5.6 Author guarantees that he/she has all necessary rights to use the Materials, including permit their use in accordance with the terms and conditions of this Agreement, and bears full responsibility for their posting and use. Author ensures that posting of the Materials and Information on VIDEODATING and their further use does not violate personal or property rights of other persons, including, but not limited to, copyrights, allied rights, patent rights, privacy rights, rights for protection of honor, dignity and good name, rights of the citizen, etc.
5.7 In case if the Administration has doubts that the Author is the actual owner of the rights for any Materials and/or Information (including that this fact has been revealed by the system) posted by him/her, or any reason to believe that the Materials and/or Information violate any rights or legitimate interests of third parties, or if the content of the Materials and/or Information contradicts with the requirements of this Agreement and/or current legislation of the Russian Federation, the Administration has the right to remove relevant Materials and/or Information from VIDEODATING at its own discretion, or perform such actions with these Materials, which were agreed with the rightholder based on the functionality of the System (if it is established that the rightholder actually has the right to use these Materials). Thus, the Administration is not obliged to notify the Author about the above mentioned actions, including removal of the Materials and/or Information, or causes for performance of such actions. This paragraph of the Agreement does not mean and shall not be interpreted as imposing a duty on the Administration to regularly moderate (perform control over the content) the Materials and/or Information posted on VIDEODATING.
5.8 If Administration becomes aware of possible violation of terms and conditions of this Agreement, the Administration reserves the right to decide on the extent and nature of such violations, and to remove the Materials and/or Information, or to impose an age and other limit for the Users’ access to the Materials and/or Information. In case if the User violates terms and conditions of the Agreement or applicable laws of the Russian Federation, the Administration has the right at its own discretion to limit access of the User to services (possibilities) of VIDEODATING without notifying the User.
5.9 Liability for unauthorized copying and use of Materials and Information shall bear persons who have been unlawfully using Materials and Information posted (uploaded) on VIDEODATING.
5.10 When posting Materials and Information on the Webstie, the Author has to enter his/her login (nickname), specified on registration and posting (uploading) of the Materials and Information. Nickname of the Author must not contain obscene words and expressions that might be considered offensive, as well as the language and words that violate the rights and legitimate interests of third parties.
5.11 Materials and Information posted on VIDEODATING must comply with the following conditions:
5.11.1 Materials, Information and actions of the Author should not violate any applicable laws and regulations of the Russian Federation, offend morality, honor and dignity, rights and legitimate interests of third parties, infringe copyright and allied rights, promote hatred and/or discrimination against people based on their race, ethnicity, social or sexual character, incite religious, racial or ethnic hatred, contain scenes of violence or cruelty to animals, etc.;
5.11.2 Materials, Information and actions of the Author should not violate or infringe upon the rights of minors;
5.11.3 It is prohibited to post Materials and Information, which the Author has no right to make available under the law or under a contractual relationship;
5.11.4 It is prohibited to post Materials and Information, which infringe any patent, trademark, trade secret or copyright and allied rights of a third party;
5.11.5 Author has no right to upload, post or distribute in any other way persuasive and unrequested advertisements and correspondence, spam, “chain letters”, invitations to participate in pyramid schemes or impose goods or services in other ways;
5.11.6 It is prohibited to post Materials and Information containing computer code designed to interrupt, destroy or limit the functionality of any computer, telecommunications equipment or software through unauthorized access, as well as serial numbers for commercial software products, logins, passwords and other means to gain unauthorized access to the paid websites on the Internet;
5.11.7 Materials, Information and actions of the Author should not intentionally or accidentally violate the provisions of any applicable Russian or international legal acts;
5.11.8 Materials and Information should not contain propaganda of drugs;
5.11.9 Author has no right to post Materials or Information that can cause harm, contain threats, obscene language, rude and insulting expressions and offers that contradict with the accepted standards of morality, misuse personal information of third parties (including, but not limited to, references to any names, addresses and phone numbers or any other personal contact information without the consent of the owner);
5.11.10 It is prohibited to post Materials and Information of pornographic nature.
5.12 User has no right to collect or store personal data about other Users. User agrees not to use VIDEODATING to collect information for commercial purposes, and not to poll other Users in any way for commercial purposes.
5.13 User has no right to impersonate another person or representative of a company and/or community without sufficient rights, including, but not limited to, the staff of the Administration, as well as to disseminate false information regarding his/her involvement in the Administration and any other natural or legal persons.
5.14 Administration has the right to independently, at its sole discretion and without any notice to the User install any information messages (text or in the form of corresponding images), notifying the User about the age or other limits in respect of any Materials and/or Information, and also to immediately restrict Users’ access to any Materials and/or Information based on any grounds (e.g. based on the age of the User, availability of the account of the User on the Website, according to the territory of the User's location, etc.).
5.15 Additionally, Administration has the right to replace or remove words and expressions that might be considered offensive or violate the rights of third parties, as well as to make other changes or additions to the Materials and Information for the sole purpose of their harmonization with the current legislation of the Russian Federation.
5.16 User undertakes not to copy, reproduce, distribute, transmit, broadcast, show, sale, license or otherwise use any Materials or Information posted on VIDEODATING by third parties, including to other Users and Administration, with the exception of the possibilities provided by this Agreement and VIDEODATING services.
5.18 Administration is not responsible for the contents of Materials and Information and their compliance with the requirements of the legislative acts on copyright infringement, unauthorized use of trademarks, trade names, etc., as well as for any infringement of the third party rights in relation to the posting of Materials and Information on VIDEODATING and/or their use in accordance with the terms and conditions of this Agreement. In case if the third party submits its claims related to the posting of Materials and Information on VIDEODATING and/or their use, Author should settle these claims at his/her own expense. Administration is not liable for damages caused to the third parties, including through VIDEODATING or the Website and/or with the use of the Website or VIDEODATING possibilities.
5.19 Administration seeks to ensure smooth functioning of VIDEODATING, but shall not be liable for the total or partial loss of Material and Information uploaded/posted by the Author, as well as for the lack of quality or speed of services for posting, playing and displaying of Materials or Information.
5.20 Administration gives Author the right to post information about him/herself, namely, user name on the Website, logos, trademarks, and other means of individualization of the Author, his/her goods, services, brief information about the Materials of the Author that are posted/uploaded on VIDEODATING, link to the official website of the Author, image of the Author. Such information does not constitute an advertisement of the Author, or his/her goods and services, and is posted exclusively for his/her identification at VIDEODATING as the Author of the Materials and Information that were posted/uploaded by such Author. Author is solely responsible for any Information and/or Materials that have been posted/uploaded by him/her to the Website.
5.21 At his/her own discretion Author may either partially or completely remove Materials and/or Information posted (uploaded) by him/her directly on VIDEODATING through the Website.
5.22 Author independently controls the Information posted by other Users together with the Materials posted in the Author’s Channel (comments), and is solely and fully responsible for the violation by the above mentioned comments of the terms and conditions of this Agreement or laws of the Russian Federation. In case if one of the Members posts comments, which contradict with the terms and conditions of this Agreement or applicable laws of the Russian Federation, Author shall promptly notify the Administration about such comments by sending a corresponding message to the e-mail firstname.lastname@example.org with the reference to the Material for which this comment has been posted.
5.23 Author agrees that by posting Materials and Information on the Website, he/she assumes full responsibility for the content of such Materials and Information, undertakes to settle all claims and demands of the third parties related to violation of legislation of the Russian Federation or the rights and legitimate interests of the third parties due to the posting of Materials and/or Information on the Website and/or other VIDEODATING services, and to perform all actions aimed at resolution of the claims and/or demands specified in this paragraph above at his/her own discretion and at his/her own expense.
5.24 Each Author, as the owner of his/her personal page, shall independently perform all actions stipulated in the legislation of the Russian Federation that are related to the number of users who have visited his/her personal page (viewed his/her material on this page, posted a comment to such materials, etc.) during one day, including monitoring of the number of users in such cases as provided by the legislation of the Russian Federation.
6. Websites, Third Party Content
6.1 Website may contain links/buttons that allow Users to jump to other Internet sites and/or audio/video/text materials (hereinafter: Third Party Content) posted on such websites. Such links/buttons as well as the Third Party Content are not checked by the Administration of VIDEODATING with respect to their compliance with the requirements of the User, provisions of the current laws of the Russian Federation and this Agreement; and VIDEODATING is not responsible for any Information and Materials posted on the websites of third parties, which User gets access to during the use of VIDEODATING services, including for any opinions or statements expressed on the websites of third parties, advertising, and the like, as well as for the accessibility (level of service) of such websites or Third Party Content and implications of the use and visiting of such websites by the User.
6.2 Author may post and/or use links or information about the Third Party Content at the Website by using special services of VIDEODATING (for example, social networking applications).
6.3 In order to improve quality of its services VIDEODATING may cache (temporarily store on VIDEODATING) information about the Third Party Content. VIDEODATING seeks to reduce the time for caching of such information, although the information may be cached for up to 7 days.
6.4 With the consent of the Author VIDEODATING is also entitled to use the Materials accessible by the Author at the websites of the third party solely for the purpose of improvement of the quality and scope of such services provided for the Author.
7. Technical Requirements for Materials
7.1 Materials are posted on VIDEODATING if the Author sends them in accordance with the technical requirements set by this paragraph 6 of the Agreement. Administration has the right not to publish Materials in case they do not meet these requirements.
7.2 Video materials should be provided in popular formats (Windows Media Video, Apple QuickTime, MPEG 1-4, DivX, XviD); detailed technical specifications for the framework FFmpeg are available on the page http://ffmpeg.org/general.html#Supported-File-Formats_002c-Codecs-or-Features.
7.3 Page for the Materials review may contain information specified in paragraph 4.20 of this Agreement for identification of the Author.
7.4 Materials are posted on VIDEODATING by means of uploading through the user interface of the Website.
Administration has the right to send information messages to the email address of the Author provided during the registration on the Website in order to improve quality of the services and to inform the Author about the new services and possibilities of VIDEODATING. These messages will not contain advertising of third parties and may be sent to the Author not more than one time in 7 (seven) days. Service messages of the Administration related to the activities of the Author on the Website or to the Materials/Information posted by such Author on the Website, as well as response of the Administration to the User’s requests are not considered as the messages indicated in the present paragraph of the Agreement.
Author may at any time change the frequency of receiving of such information messages or completely opt out from their receipt by clicking on the appropriate command in the information message: User needs to click “Unsubscribe” link at the bottom of the received message, and to set the required option for receiving of the information messages or opt out from their receipt in the future by selecting the appropriate item from the menu.
If the Author continues to receive information messages with the same frequency after he/she has changed frequency or opted out from receiving information messages, the Author has to address the Administration by sending a message from the e-mail address on which such information message has been received to the e-mail address of the Administration support@VIDEODATING.com describing the occurred problem.
Agreement is a legally binding contract between the User and the Administration, and regulates terms and conditions of use of VIDEODATING services, including the provision of Materials and Information to be posted on VIDEODATING and their further use.
Applicable law under this Agreement shall be the law of the Russian Federation. All disputes regarding the Agreement shall be resolved in accordance with the current legislation of the Russian Federation at the location of the Administration.
A person who considers that his/her rights and interests have been violated by the actions of the Administration or third parties in connection with posting of any Materials and/or Information on VIDEODATING are obliged to notify the Administration.
Current version of the Agreement is available on the Website at http://videodating.com/user_agreement. Author agrees that this Agreement may be unilaterally changed by the Administration by publishing new edition of the Agreement without any notice on the Website at http://videodating.com/user_agreement. Any changes to the Agreement shall enter into force on the date of publication of the new edition of the Agreement on the Website. Further use of VIDEODATING services after publication of the new edition of the Agreement on the Website will mean acceptance by the User of the changes in the Agreement. In case of disagreement with the changes to the Agreement the User is obliged to stop using VIDEODATING and delete his/her account from the Website.
In case if the authorities of the Russian Federation adopt legal acts that affect the work of the Website in whole or in part, the Administration reserves the right to make any changes in the work of the Website, aimed at bringing the latter into conformity with the new regulations.
14. Warranty disclaimer
User fully understands and acknowledges that he/she:
(a) uses the services entirely at his/her own risk. Services are provided “as they are” and “what they are”. Administration emphasizes on the absence of any warranties, either expressed or not expressed, including, but not limited to, quality assurance services, their suitability for a particular purpose and non-infringement.
(b) Administration does not guarantee that (1) services will meet the requirements of the User, (2) services will be delivered smoothly, on time, accurately and safely, (3) results obtained due to the use of the services will be accurate or reliable, (4) quality of any goods, services, information or other materials received or acquired by the User through the Website will meet User’s expectations, and (5) any errors in the software will be fixed.
(c) downloading and obtaining any materials in any other way during the use of services shall be performed at the risk of the User who is solely responsible for any damage to his/her computer, data loss and other consequences.
(d) no advice or information, obtained by the User orally or in writing from the Administration or through the services, impose any obligations on the Administration, other than those specified in this Agreement.
15. Liability restriction
User fully understands and acknowledges that the Administration is not responsible for any direct, indirect, incidental, special, or consequential damage or damage imposed as punishment, including, without limitation, profit loss, damages from the use of services, loss of data or any other non-financial losses, damage to reputation or other damages (even if the Administration has been advised of the possibility of such damages) arising from: (1) use or inability to use the service; (2) changes in the terms and conditions of the Agreement, obtaining of information in return for or through the services, or as a result of transactions, messages, and information obtained from or through the service; (3) unauthorized access to user data transmitted or stored on the server; (4) statements or conduct of any person on the Website; (5) any other event that is relevant to the services provided.