Terms of watching of the paid content on KinoPoisk Service
1. General Provisions
1.1. KinoPoisk LLC (the "KinoPoisk") offers to users of the Internet (the “User”) to use the service for viewing paid content, the detailed information whereof is also available at: https://www.kinopoisk.ru (the “Service”).
1.2. These Terms are a supplement to User Agreement for KinoPoisk (https://www.kinopoisk.ru).
As for remainder not covered by these Terms, relations between KinoPoisk and the User arising out of or in connection with the Service shall be governed by the following documents:
- User Agreement for Yandex Services (https://yandex.com/legal/rules);
- User Agreement for KinoPoisk (https://yandex.ru/legal/kinopoisk_termsofuse).
1.3. By starting to use the Service/its certain functions, the User is deemed to have accepted these Terms and provisions of Documents indicated in cl. 1.2. and 2.3.3., in full, without any reservations and exceptions. If the User disagrees with any of the provisions of the said documents, the User may not use the Service.
1.4. KinoPoisk may amend these Terms without any special notice; revised Terms shall come into effect once posted online at the URL specified in this paragraph, unless otherwise stipulated in revised Terms. The current Terms and Conditions are always available at: https://yandex.com/legal/kinopoisk_vod.
1.5. If KinoPoisk has made any amendments to these Terms and to documents indicated in cl. 1.2 of the Terms, according to the procedure specified in clause cl. 1.4. of these Terms, and the User disagrees with the new rules of using the Service, the User shall stop using the Service.
1.6. The Service provides demonstration of audiovisual works for Users located in the Russian Federation, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Moldova, the Republic of Armenia, the Azerbaijani Republic, Georgia, the Kyrgyz Republic, the Republic of Tajikistan, Mongolia and the Republic of Uzbekistan in real-time streaming mode and/or by way of temporary downloading to the User’s devices subject to connection to the Internet, and provides the opportunity to obtain access to photo images, descriptions of works, etc. (hereinafter, including the notion of audiovisual works, referred to as the “Content”). At that, the possibility to temporarily download the Content to the User’s devices shall be provided to the User at the sole discretion of KinoPoisk with regards to certain Content units and may depend on the type of the User’s device and the Content unit as described in more detail in clause 2.8. below.
1.7. The Service is provided “as is”. KinoPoisk does not accept any responsibility, including that for the services’ fitness for the User's purposes, expectations and requirements and does not guarantee that the Service will be provided in a continuous, prompt, reliable and error-free manner.
1.8. By using the Service, the User gives their consent to receive promotional and informative messages. The User is entitled to refuse the delivery of messages at email@example.com.
2. Use of the Service. Certain Functions of the Service
2.1. The Service is intended for showing Content units to the authorized User at his/her description in real-time streaming mode on the User’s devices and/or by way of downloading Content units to be shown through websites, mobile applications, Smart TV applications.
2.2. Full functions of the Service shall be available to the User subject to authorization in the Service. User authorization shall be conducted under terms indicated in section 3 of the User Agreement for KinoPoisk (https://yandex.ru/legal/kinopoisk_termsofuse).
2.3. The Content may be shown to the User at the User’s discretion subject to the following conditions:
2.3.1. Time-limited demonstration of Content provides the User with the opportunity to start viewing the selected and paid Content unit within 30 days from the moment of payment, as well as to view the Content unit without limitation of the number of views and without demonstration of ads within 48 hours from the moment the User starts to play the unit. Upon expiration of the said time limits, regardless of whether the selected and paid Content unit has been actually viewed on the User’s device, the possibility of viewing the Content shall be terminated. At that, the duration of viewing the selected and paid Content unit in certain cases, at the discretion of KinoPoisk, may be less than that indicated above in this clause.
2.3.2. Time-unlimited demonstration of content provides the User with the opportunity to view the selected and paid Content unit for a nominally unlimited duration of time from the moment of payment, without limiting the number of views.
2.3.3. Provision of the User with the opportunity of the fee-based access to the Content without restrictions on the number of views and without ads for a limited period of time (the "Subscription"). Types of available Subscriptions, the Subscription Period, information about the amount of the Subscription fee are indicated on the Service.
By making a Subscription, the User enters into a contract with KinoPoisk (the "Contract") under the terms and conditions stipulated by this document and the provisions of Art. 429.4 of the Civil Code of the Russian Federation (subscriber's contract). Under the Contract, KinoPoisk agrees to provide the User with access to Subscription for the Subscription Period, and the User agrees to pay the Subscription price.
For the purposes of these Terms, the Subscription Period shall mean the period of time indicated in the Service document (e.g., month or year), which is covered by the subscription and for which the corresponding payment is established.
The one-month Subscription Period begins from the date the Subscription is paid and expires on the corresponding date of the calendar month following the subscription payment date.
The one-year subscription period begins from the date the Subscription is paid and expires in the corresponding month and on the corresponding date of the calendar year following the Subscription payment date.
KinoPoisk's obligations to grant access to the Content to the User under a Subscription are deemed to have been discharged regardless of whether the User requested that KinoPoisk should discharge the same during the Subscription Period and regardless of the number of views of the Content and to what extent the User used during the Subscription Period.
It shall be the User’s sole responsibility to monitor the information on the status of Subscription in the Personal Account at KinoPoisk (the paid Subscription Period, the Subscription price, the list of available Content), and to monitor any amendments or modifications made to the Terms, to the Service, or to the documents referenced in the Terms.
At that, the User accepts and agrees that the list of Content, as well as the methods of providing access to the Content (sites, mobile applications, Smart TV applications, etc.) within the acquired Subscription may change within the Subscription Period, i.e., may be expanded or reduced.
Within KinoPoisk + Amediateka Subscription, the User shall have the opportunity to make an agreement with A Serial LLC, OGRN 1117746215201, location: 5 Novoostapovskaya St., Bldg. 3, Moscow, 115088, Russian Federation (the “Amediateka”) to gain access to audiovisual works (motion pictures, cartoons, TV shows, etc.), exclusive rights or non-exclusive license for which belongs to Amediateka, under terms indicated in the User Agreement published at: https://www.amediateka.ru/tos (hereinafter referred to as “Amediateka User Agreement”), subject to the conditions of KinoPoisk + Amediateka Subscription published in the Service. The content of Amediateka shall hereinafter also be referred to as the Content.
At that, the User shall affect payment for KinoPoisk + Amediateka Subscription via the Service as per cl. 3.8. of the Terms; and KinoPoisk shall be the payee acting on behalf of Amediateka, with the authorization to receive monetary funds from the User on its own behalf but at the expense of Amediateka, in payment for Amediateka Content by engaging an authorized payment processor or an electronic money processor, or any other payment participants or participants of information technology interactions. KinoPoisk does not guarantee that the operation will be error- and failure-free in terms of non-cash payments.
Within the subscriptions, the User may be provided with the possibility to participate in Yandex.Plus preference program subject to the conditions published at https://yandex.ru/legal/yandex_plus_conditions/?lang=en. At that, if the User has a current Yandex.Plus subscription, then, after acquisition of the Subscription, the duration of Yandex.Plus subscription, except for Yandex.Plus family subscription, shall be suspended for the Subscription Period, and shall be restored upon expiration of the last previously unused and pre-paid Yandex.Plus subscription period (subject to the User’s cancelling a subscription to Yandex.Plus in the store settings (for cases when Yandex.Plus subscription was made in the store)).
If the User was provided access to the Content as part of Subscriptions, including access provided without individual subscription and/or payment for Subscriptions, then the User, by making actions directed at gaining access to the Content under the Subscription, shall thereby confirm his/her consent with these Terms, the terms of Yandex.Plus preference program published at https://yandex.ru/legal/yandex_plus_conditions, and with Amediateka User Agreement.
KinoPoisk reserves the right, at own discretion, to provide access to the Content without subscription according to the procedure established in these Terms. If this is the case, any steps the User takes to gain access to the Content confirm his or her consent with these Terms.
2.4. Viewing of the selected and paid Content unit (including the units within the Subscription), regardless of the demonstration conditions selected by the User, shall be possible subject to entering the account data which was used to obtain the Content, on the User’s devices. Viewing of the selected and paid Content unit (including the units within the Subscription) and simultaneous playback of the same Content unit is acceptable on the maximum of 5 User’s devices. In cases established at the discretion of KinoPoisk, the number of such devices, on which viewing and simultaneous playback of the same Content unit is acceptable, may be reduced in comparison to the number indicated above in this clause.
2.5. In case, the corresponding mark is present in the Content unit description in Smart TV application, the User may, at his/her own discretion, refuse viewing the Content unit and return the Content unit previously purchased in Smart TV application, subject to conditions indicated in cl. 2.3.1. Or 2.3.2, within 3 days from obtaining it, provided that the User has not viewed more than 10 first minutes (including fast-forward mode) of the Content unit.
2.6. By obtaining the possibility to view the selected Content unit (including the units within the Subscription), the User agrees that the devices, software and Internet speed used by him/her are fully compliant with the required specifications allowing to view the Content with the quality acceptable by the User. References to updated specification requirements for the User’s devices and software may be found in documents published at: https://yandex.ru/support/kinopoisk-smart-tv and https://yandex.ru/support/kinopoisk/mobile-app-install.html.
The User shall be fully responsible for the compatibility of his/her device with the Service and the device’s ability to view and/or upload (as allowed) Content units. If the User’s device does not support the Content unit format, KinoPoisk shall not be liable to return to the User the cost of the paid right to view the Content unit. KinoPoisk shall not be responsible for the User’s lack of ability to view the Content or for low quality of transmission if this is conditioned by the specific character of the User’s device operation and the quality of his/her communication. Any issues relating to the Internet access settings, the settings of the User’s devices and software shall not be covered by these Terms and shall be subject to independent resolution by the User.
2.7. By being able to view the selected Content unit (in particular, within the scope of the Subscription), the User represents and warrants that he or she meets the age category specified in the Content unit description. The User who has not reached the age corresponding to the age category specified in the description of the Content unit, undertakes to refrain from viewing such Content. The User who has reached the age of 18 years represents and warrants that the Service is accessed by minors under his or her control in compliance with the restrictions stipulated by the applicable law of the Russian Federation, in particular, when the User uses the Service within the Kids Mode functionality.
If the User has a valid Subscription, the User may create a profile within the Kids Mode specifying the minor's age. The number of such profiles within the Kids Mode is unlimited. The User may delete the created profile at any time.
If the User has a valid Subscription, a minor who uses the Service within the Kids Mode may only be able to access the Content within the User Subscription that corresponds to the age limit set by the Subscriber when creating such a profile within the Kids Mode, as well as the User Content available in the Personal Account.
2.8. Upon KinoPoisk’s sole discretion, in addition to the Content viewing conditions for Users described in this section above, with regard to some Content units paid by the User and subject to the terms indicated in clauses 2.3.2 and 2.3.3 above, the User may be provided with the possibility to temporarily upload the file of such Content unit into the memory of the mobile device functioning based on iOS and Android operating systems and conforming to the characteristics as indicated at: https://yandex.ru/support/kinopoisk/mobile-app-install.html. Such possibility to upload the Content unit into the User’s device memory with the purpose of off-line viewing of the Content unit on the User’s device may be provided to the User exclusively subject to the following restrictions:
2.8.1. The User shall not be able to make further copies of such Content unit;
2.8.2. KinoPoisk may, at own discretion, set technical restriction period for the ability of viewing the digital copy of such Content unit on the User’s device;
2.8.3. The duration of temporary storage of the Content unit digital copy on the User’s device shall be restricted by the earlier of the following dates: (I) the last day of the license period applicable to such Content unit established by the agreement between KinoPoisk and the right holder for the corresponding Content unit, (ii) expiration of the paid period of User access to the Content unit, (iii) expiration of Content unit viewing period which started from the beginning of playing this Content unit by the User as established in the agreement between KinoPoisk and the right holder for the corresponding Content unit; after which such Content unit shall be automatically deleted from the User’s device / shall become unavailable for viewing on the User’s device.
3. Payment for viewing the Content
3.1. Payment for demonstration of Content units selected by the User (including those covered under the Subscription) regardless of the demonstration conditions selected by the User, shall be made by the User by way of cashless payment from a bank card, the details of which are indicated by the User in the Service (cl. 3.2 of these Terms, hereinafter — the “Linked card”), or by using personal promotion codes provided to the User by the Service, or by way indicated in cl. 3.2.1 of these Conditions. KinoPoisk does not guarantee that the operation of the Service will be error- and failure-free in terms of non-cash payments.
3.2. Bank card details may be linked to the Service at the moment of transferring to the payment for viewing the selected Content unit/Subscription. The User shall specify the following data:
- Bank card number
- 'Valid until' date
If the bank card details are correct, valid and it is technically possible to use this card in the Service, the said bank card becomes Linked and can be used for cashless payments with no need to additionally enter the said bank card details to make payment for viewing the unit of Content/Subscription chosen by the User.
If the bank card details have been previously provided by the User for using other KinoPoisk services and have been saved by it as part of the account data, the User may use the data to pay the price for viewing the Content in the Service upon confirmation of relevance and validity of the data.
3.2.1. The Linked Card may also be indicated by the User in a third-party service interface which supports integration with the Service and parties of settlements and provides User payment authorization without transferring the information of the Linked Card to KinoPoisk. In this case, provisions of clause 3.2 of these Terms shall not be applicable. The procedure for using third-party services indicated in this clause, is subject to the rules of such third parties. KinoPoisk shall not be responsible for the User’s use of such third-party services and shall not guarantee correctness and safety of such third-party service operations.
3.3. KinoPoisk does not have access to the linked card data provided by the user and shall not be responsible for security and confidentiality of data transferred during cashless payment. Cashless payments shall be made with an authorized payment processor, an electronic money processor, or any other payment participant involved and shall be governed by rules of international payment systems, banks (including the bank that issued the Linked card), and other parties to settlements.
3.4. When indicating his or her details pursuant to cl. 3.2 of these Terms and further using the Linked Card, the User confirms and guarantees that he or she indicated reliable and full information on the valid bank card issued in his or her name; he or she complies with rules of international payment systems and requirements of the bank that issued the Linked Card, inter alia, those related to cashless payment procedures.
3.5. The User understands and agrees that all actions performed in the Service using his/her account, inter alia, cashless payments via the Linked Card, are deemed to be performed by the User.
3.6. KinoPoisk reserves the right to require at any time that the User confirm the details he or she specified in the Service, including the Linked Card details, and request supporting documents in this regard (in particular, IDs); failure to provide these documents may qualify as the provision of unreliable information and have implications stipulated by cl. 5.2 of these Terms, if KinoPoisk so decides.
3.7. In cases provided for by the applicable laws, the receipt for cashless payment shall be sent to the e-mail address indicated by the User in his/her account.
3.8. Procedure of payment for Subscription.
3.8.1. Payment for Subscription shall be made by the User in the form of advance payment. The Subscription shall be fully provided to the User from the time of provided the User with the access to the Content. No other moment may be interpreted as the moment of delivering its obligations by KinoPoisk.
3.8.2. When making the Subscription, the User authorizes KinoPoisk to charge in advance the payment set out by KinoPoisk as of the day of payment for the Subscription (subscription fee) for each Subscription Period defined by the User when completing the Subscription until the User cancels the renewal of the Subscription for the next Subscription Period.
3.8.3. The User acknowledges and agrees that the Subscription is automatically made for an indefinite period of time from the date the first Subscription Period is paid for. The User may refuse to renew the subscription for the next Subscription Period in his or her Personal Account. Moreover, KinoPoisk may terminate the Subscription in other cases or for other reasons as stipulated in these Terms and Conditions.
3.8.4. Subscription is paid with a Linked card. The User’s refusal to pay the subscription fee for the corresponding Subscription Period shall be deemed as the User’s refusal to extend the Subscription. In this case, the User's access to KinoPoisk shall be terminated from the day following the last day of the paid Subscription Period. If the balance of the Linked Card(s) is insufficient to renew the subscription, KinoPoisk may choose to cancel the User’s access to the Content from the beginning of unpaid Subscription period, or not to cancel the User's access to enhanced capabilities of the Service until the Linked Card is debited with the subscription fee amount.
3.8.5. By accepting these Terms, the User tasks KinoPoisk with making orders on behalf of the User to debit the User’s account (to which the Linked Card is linked) in favor of KinoPoisk for the Subscription and with sending the said orders to the Customer’s issuing bank through an acquiring bank.
The User consents to the regular automatic debiting of his/her account to pay for the Subscription on his/her instructions given as per the procedure provided by this clause of the Terms and acknowledges that debit orders issued under this clause of the Terms are those of the User, and the processing center's and the acquiring bank's actions taken to debit the User's account in accordance with this clause of the Terms are performed with the User's consent.
Automatic debiting under this clause of the Terms and Conditions begins subject to the following:
- the User enters all the required details of the Linked Card;
- the automatic Linked Card debiting service is activated as follows: automatically when the first payment is made;
- by clicking the Pay button (or any other similar button), which shall mean the User consents with these Terms and Conditions.
3.8.6. The User may have access to purchasing the view of Content units and/or Subscription in the APP STORE. At that, the payment for the Content units and/or Subscription in the APP STORE selected by the User using “In App Subscriptions” or “In App Purchases” technology provided by Apple Inc., as well as automated recovery of access to the Subscription shall be made subject to the conditions published in the Internet at: https://www.apple.com/legal/internet-services/itunes/ru/terms.html.
4. Intellectual Property
4.1. When starting to use the Service, the User guarantees that he/she does not and will not perform any acts aimed at bypassing security features designed to protect against the unauthorized use of the Content, in particular, the User shall not perform any acts to bypass the IP-based Content territorial restriction system or any other actions intended against normal operation of the Service and its Users.
4.2. Content demonstration by the Service is intended exclusively for non-commercial purposes within the technical capabilities provided by the Service. Any copying, reproduction, processing, dissemination, publication, bypassing security features, or other use of the Content beyond the functions provided by the Service as well as any commercial use shall be prohibited.
4.3. KinoPoisk guarantees that it has all the necessary rights to make the content available for viewing by the User.
KinoPoisk owns the rights to all objects, which make up the Service design as a whole and some of its elements, as well as to the Service software and the selection of products. The rights for the Content included in the Service (audiovisual works, photographic materials, texts, etc.) belong to its lawful right holders. The User shall be responsible for violating exclusive rights of KinoPoisk, Content right holders or third parties, under applicable laws of the Russian Federation.
4.4. The Service provides an opportunity for right holders to use Microsoft PlayReadyTM content access technology to protect their intellectual property, including copyrighted content. The Service uses PlayReady technology to protect certain Content. If the PlayReady technology fails to protect the Content, right holders may require the Service to restrict or prevent the delivery of protected Content to specified devices or PC software applications.
In certain cases, the User may be required to upgrade the PlayReady technology to continue to access the Service’s Content. If the User declines such an upgrade, the User will not be able to access Content that requires the upgrade.
5. Limitation of Liability
5.1. KinoPoisk shall not be responsible for the body of the Content or any other information published in the Service or for correct classification of information products. The content of the Content and proper classification of information products shall be full responsibility of the right holders providing such information.
5.2. KinoPoisk reserves the right, at own discretion, to limit user access to the Service (or to certain functions of the Service, if technologically possible) using the User's account or block the User’s entire account in case of repeated violations of these Terms or take any other measures against the User to respect legislative requirements or third-party rights and legitimate interests.
5.3. Demonstration of certain Content units may be permanently or temporarily restricted due to reasons beyond control of KinoPoisk. If any issues arise with regards to the impossibility to view previously purchases and paid Content units, the User may as the Service to settle such issues individually.
5.3.1. KinoPoisk shall not be responsible for failure-free provision of the Service functions as a whole or of specific Content units. Some Content units may be unavailable within a certain Service provision territory (in certain residential areas, regions, or countries) due to technical reasons, due to restriction set by the right holders with regards to certain Content, or due to other reasons.
5.4. All questions, queries and claims related to the use of / inability to use the Service and possible violations of laws and/or third-party rights by the Program shall be sent to: firstname.lastname@example.org.
Date of publication: 17.08.2020
Previous version of the document: https://yandex.com/legal/kinopoisk_vod/11062020.