Terms of watching of the paid content on Kinopoisk Service
1. General Provisions
1.1. Kinopoisk LLC (place of business Ulitsa Sadovnicheskaya 82, Building 2, Office 9A01, Moscow, 115035, Russia) (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://hd.kinopoisk.ru (the “Service”).
1.2. 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);
- Privacy Policy (https://yandex.com/legal/confidential);
- User Agreement for website 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. of these Terms, 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 the possibility of remote access to audiovisual works in order to show them for Users located in the Russian Federation, the Republic of Belarus and in other territories, is this opportunity complies with the cl. 5.3.1 of these Terms, 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. of these Terms 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 protected].
1.9. The User gives his consent to Kinopoisk to transfer the User's Personal Information (including Internet identifiers, information about the Content being viewed, the time of its viewing, the type of device and the application) to persons who have provided Kinopoisk with the opportunity to provide remote access to Content on the Service, as well as to persons acting on their behalf in order to create statistical data on viewing the Content on the Service of the relevant persons who provided the Kinopoisk with the opportunity to provide remote access to the Content on the Service.
2. Use of the Service. Certain Functions of the Service
2.1. The Service is designed to provide remote access to Content units by an authorized User of his choice in the streaming mode on the User's devices and/or by downloading Content units for display on the User's device using the website, mobile application, Smart TV application (hereinafter referred to as «Demonstration»).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 website Kinopoisk (https://yandex.ru/legal/kinopoisk_termsofuse).
2.3. Demonstration of 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 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 remote 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 and also in documents:
- " Yandex Plus Subscription Terms and Conditions", posted on the Internet at: https://yandex.ru/legal/yandex_plus_conditions;
- "Amediateka Subscription Terms", posted on the Internet at: https://yandex.ru/legal/amediateka_conditions .
*Viewing without ads does not apply to the demonstration of videos informing the User about the Content (including its availability and the conditions of its availability) on the Service.
2.4. Demonstration 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. Demonstration of the selected and paid Content unit 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.The Service may allow the User to refuse to view and return a Content unit, but only provided that no more than 3 days have passed since its purchase, the User has not viewed more than the first 10 minutes (including fast-forward mode) of the Content unit being played and the User has not managed to use any privileges, discounts received in connection with the purchase of the Content.
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 is able to create a Child Mode profile and give the age of a minor, then there is no restriction on the number of such profiles that can be made in Child Mode. The User can delete the profile they created at any moment.
A minor using the Service in Child Mode will only have access to the Content included in the User's Subscription, as well as the Content belonging to the User that is available in their personal account. Said content will correspond to the age limit set by the Subscriber when creating a Child Mode Profile.
The Service may be used by persons under the age of fourteen (14) only with the consent and under the control of a legal representative of this person. If a minor who has not reached the age of fourteen (14) is permitted to use the Service, his or her legal representative agrees to the collection and processing of data received from the minor in the course of using the Service in accordance with the terms and conditions specified in the Privacy Policy available at: https://yandex.com/legal/confidential.
2.8. Upon Kinopoisk’s sole discretion, in addition to the Content Demonstation 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 rightholder for the corresponding Content unit, (ii) expiration of the paid period of User access to the Content unit, (iii) expiration of Content unit Demonstration period which started from the beginning of playing this Content unit by the User as established in the agreement between Kinopoisk and the rightholder for the corresponding Content unit; after which such Content unit shall be automatically deleted from the User’s device / shall become unavailable for Demonstation on the User’s device.
2.12. The Service provides the authorized User with the functionality to exchange messages with the Service support service. This function is provided by the embedded to the Service functionality of Yandex Messenger which is provided under the conditions available at https://yandex.ru/legal/messenger_termsofuse and subject to the provisions of these Terms.
In order to monitor compliance with these Terms and Conditions, as well as to comply with the requirements of legislation and Regulatory Documents, YANDEX LLC stores the history of interaction between Users through the relevant functions of the Service. Yandex and its involved persons can access such history for the specified purposes, as well as at the request of the participants in the interaction and in cases established by law.
3. Payment for Demonstration of the Content
3.1. Payment for Demonstration of Content units selected by the User 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 Demonstration of Content or the selected Content unit. The User shall specify the following data:
- Bank card number
- 'Valid until' date
- CVV/CVC
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 Demonstration of Content or the unit of Content 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, as well as another person acting on behalf of Kinopoisk and authorized by him on his own behalf, but at the expense of Kinopoisk, to accept funds from the User as payment for the Content unit selected by the User, 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. The User may have access to purchasing the Demonstration of Content units in the APP STORE and Google Play. At that, the payment for the Demonstration of Content units and/or Subscription in the APP STORE and Google Play selected by the User using “In App Subscriptions” or “In App Purchases” technology.
3.9.If there is an appropriate technical capability, Kinopoisk has the right to provide the User with the opportunity to make payments using the The Faster Payments System (SBP) of the Bank of Russia. At the same time, the User agrees that, based on the consent of the User, Kinopoisk and / or its partners have the right to deduct the amount of payment from the User's account using the SBP.
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 Demonstration to the User.
Kinopoisk owns the rights to all objects, which make up the Service design as a whole and some of its elements, including Service software. The rights for the Content included in the Service (audiovisual works, photographic materials, texts, etc.) belong to its lawful rightholders. The User shall be responsible for violating exclusive rights of Kinopoisk, Content rightholders 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, rightholders 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 rightholders 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. Remote access to 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 rightholders 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: [email protected].
Date of publication: 29.03.2024
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