The text is a translation for information purposes and, to avoid confusion, the Russian document version shall prevail.
These Terms define the rights and obligations of Net-Film and your rights and obligations when using the Website. The terms hereof govern the relationship between you and Net-Film, including rights, obligations and responsibilities. By accessing and/or using the public and/or private part of the Website, you accept the terms hereof and confirm your consent to fulfill and follow the terms hereof. If you have accessed and/or use the Website on behalf of and/or upon the order of your employer or other natural or legal person, you confirm and warrant that you have sufficient powers and rights to act as a representative of these persons, including the power to accept the terms hereof, confirm agreement to fulfill and follow the terms hereof, and perform the actions provided for hereunder. If you do not agree with the terms hereof, you shall not access or use the Website.
The following terms and definitions are used herein:
User means an individual using the Website acting on his/her own behalf or as a representative of a third party (natural or legal, including the employer or customer). In the Agreement, the "User" may be specified as "you", "your", etc.
Website means www.net-film.ru, www.net-film.eu, www.net-film.us websites, including various subdomains (3rd and higher tiers) of net-film.ru, net-film.eu, net-film.us domains, as well as the technical infrastructure of Net-Film related to the features and services Net-Film provides.
User ID means a set of username and password used to identify (authorize) the User on the Website in order to use the Website.
Content means various works and/or productions, including film and video materials, music, sound effects, photographs, illustrations, animation, and/or other audio, audiovisual or visual works created optically, electronically, in digital form or by any other method, on any carrier, or other materials (any works uploaded to the Website or otherwise submitted to us).
Previews mean low-quality copies of the Content with watermarks and (where applicable with time codes) posted on the Website.
The Website interface items' (buttons, forms, etc.) names are hereinafter given to understand the functionality and do not necessarily exactly coincide with the names on the Website, where, among other things, they can be given translated into other languages.
Other terms and definitions can be provided in the text hereof.
Net-Film may and has the right to change the Agreement and/or parts hereof, including the Documents, at any time and with any frequency without notifying the User. You agree and undertake to regularly monitor and check for changes to the Agreement and/or Documents published on the Website. Continued access to the Website and/or continued use of the Website after any published changes hereto and/or to the Documents shall mean your consent to and acceptance of the terms hereof and the Documents, including all changes.
Net-Film takes measures to ensure the protection of the User personal data and personal information in accordance with the provisions hereof.
Please refer to the specified Documents for detailed information.
You agree and undertake to comply with the following:
You agree to use the Website and its services (including placing Orders) only for lawful purposes and only in accordance with the terms hereof, including the provisions specified in the Documents.
You agree and warrant not to do any of the following and not to help anyone through the Website to do any of the following:
The Website may provide links to other websites, services and resources on the Internet, including payment systems and network gateways.
Net-Film does not control the activities of such websites, their services and resources and is not responsible for the resources and services provided by such websites.
You also acknowledge and agree that Net-Film shall not be directly or indirectly responsible for any damage or loss caused by or related to the use of any material, events, goods or services available on any such website.
Any transactions made with third parties when using the Website are between you and the third party, and you agree that Net-Film shall not be responsible for any costs, losses or damages arising directly or indirectly from any such transactions or any claims that you may have against any such third party.
Net-Film offers an online service where the users can submit and upload the Content to the Website or submit the Content to Net-Film for posting on the Website. The Content is provided by the Users and licensed for Net-Film with the right to sublicense under the terms hereof and/or under the terms of other license agreements entered into with the Content licensors.
Any use of the Content (including downloading and copying), except as provided in section Previews, shall be allowed only under the terms hereof and only by persons (individuals or legal entities) who have accepted the terms hereof, including possible changes hereto (in in accordance with section Procedure for Changing the Agreement Terms.
The use of any Content (in whole or in part) by any means (including any modification, public display or performance, making publicly available, reproduction, broadcast on air or by cable, other use and/or distribution) shall be strictly prohibited and shall be a violation of the rights of Net-Film and/or the Users and/or the Licensors who provided the Content, except for the following cases:
Net-Film and Net-Film's licensors make significant efforts to prepare text descriptions of the Content and systematize the Content. Copying text descriptions and other information posted on the Website is not allowed without written permission from Net-Film, unless otherwise provided hereunder. Text descriptions, as well as any website design elements, are the intellectual property of Net-film.
All Content, Previews, text descriptions and information about the content and other works, including the Website design and the organization and presentation of the foregoing on the Website, including copyrights and other intellectual property rights therein belong to Net-Film and Net-Film licensors and are copyrighted, have trademarks and are subject to other intellectual property laws.
For as long as you comply herewith, Net-Film grants you a limited, non-exclusive license non-transferable (without sublicensing) to third parties ("Trial License") to use the Previews in the manner and on the terms below:
The Website functions as an Internet service provider on an online platform, while ensuring the storage of user materials in our system or networks as directed by the users.
You can use the Website to place an order for Net-Film services provided by the the Website.
The services shall be ordered by filling out special forms on the Website (including using the "Cart" page https://www.net-film.ru/en/office/my-cart/), or by requesting via the e-mail specified in section Contact Information (altogether hereinafter referred to as the "Order").
After the User has placed the Order, Net-Film shall check the completeness and correctness of the information specified in the Order, whether it is possible to fulfill the Order, and also clarify the technical conditions (file formats, delivery methods and other information) and the timing and cost of fulfilling the Order (including the cost of services, licenses, consumables, etc.), also taking into account the provisions of clause Price List for the Services.
The availability of materials on the Website shall not constitute a guarantee on the part of Net-Film to the User of the possibility of rendering the services in relation to such material. Net-Film shall have the right to refuse to provide the services at any time when considering and approving the Order, including at the stage of the Order execution, subject to the conditions specified in clause Refunds for Canceled Orders.
After considering and verifying the Order, Net-Film shall send the User (to the e-mail address where the Order was received from, or to the e-mail address corresponding to the User ID) a calculation of the order amount, specifying the total Order amount and detailing/calculating the cost of services (optional). Net-Film can also provide additional information regarding the Order cost and timing of execution through the Website or e-mail.
To start the Order execution, the User shall confirm his/her agreement with the Order amount, as well as pay the invoice received from Net-Film after confirming the Order amount.
The invoice for payment shall be provided to the User after confirmation of the Order amount or simultaneously with calculating the Order amount.
The receipt of consent from the User with the Order amount calculation (in any expression that can be perceived as an expression of consent) shall constitute the User's consent to pay for the order and shall be a sufficient basis for starting work on the part of Net-Film (regardless of the receipt of payment for the Order).
Net-Film shall have the right not to perform the work specified in the Order until receiving the payment for the Order from the User in full.
The User shall have the right to independently obtain the Order amount Calculation and the invoice for payment using the orders placed via the "Cart" (if there is no need to manually calculate the amount, this option is provided on the order details page).
Payment of the invoice received by the User (including received independently) shall also be a confirmation of the consent with the Order amount calculation.
The maximum order execution term shall be 20 working days upon the Order approval by the User and receipt of payment for the Order in full, unless another term is specified by Net-Film at the stage of the Order approval (including in the Order calculation).
After completion of the work provided for by the Order, Net-Film shall send the User (to the e-mail address where the Order was received from or to the e-mail address corresponding to the User ID) a notification/message about the readiness of the work provided for by the Order.
The point of rendering the services provided for by the Order shall be:
Sending a notification on the order completion shall be sufficient confirmation of the fact and point of work performance, rendering the services provided for by the Order.
If circumstances arise that prevent the order execution in full or in part within the term specified in the Order, Net-Film shall notify the User about the impossibility to complete the order on time, informing the User of the new terms. In case of objections with a new Term, the User shall have the right to cancel the order and demand a refund, in accordance with the conditions given in clause Refunds for Canceled Orders.
Net-Film provides storage of the Order materials (results of work/services provided for by the Order) for 20 calendar days. After the above period, the materials can be deleted. For the repeated preparation of the Order materials, Net-Film may charge an additional fee of up to 20% of the Order amount.
The User shall, within a period not exceeding 5 (five) days from the date of receiving the corresponding notification, check the quality of the materials provided and their compliance with the Order. In case of any claims for the quality or quantity of the services rendered, the User shall notify Net-Film about this within the specified period, providing the nature of the claims and objective parameters deviating from the Order conditions. Any claims made after this period may be rejected by Net-Film. The lack of notification of claims made in compliance with the specified terms and conditions shall constitute acceptance by the User of the services rendered by Net-Film and provided for by the Order in full.
The following documents shall be considered significant for the purposes of reporting on completed Orders hereunder:
Signing of these documents by the User and Net-Film is optional.
In case of the order cancellation by the User or Net-Film, the User shall have the right to refund the Order amount payment net of the cost of actually performed work/services (if any), by providing Net-Film with an appropriate request, specifying bank details for transferring funds.
Refunds shall be made within no more than 20 working days upon receiving the above request, provided that all the required details/information to make payment is given.
The information on prices for the Website and Net-Film services posted on various web pages is not final and can be changed by Net-Film upon agreeing the Order with the User unilaterally, depending on the individual Order conditions, requirements and features. Other prices may also be established under a written User agreement, a loyalty program, or other documents. The prices given in the Russian-language Website section shall be applicable only to transactions with residents of the Russian Federation and when licensing the content usage in the Russian Federation.
The Website renders the services to the Users, providing the capability to post the User materials on the Website, in order to render paid Website services in relation to these materials.
The User shall not have the right to upload the content to the Website or otherwise provide it to us, unless first accepting the terms hereof. Any or all content uploaded to the Website or otherwise submitted to Net-Film shall be provided to us subject to the terms hereof. We reserve the right to make reasonable modifications hereto from time to time.
By uploading materials to the Website, you agree that Net-Film may render the services for the provision of these materials to third parties by means of the Website, including licensing of these materials.
We render services through the Website operation, including: notifying users by e-mail, providing the capability to download the materials and preview the materials, as well as publishing the materials and information. We strive to ensure the availability and proper functioning of these services.
We also try to protect the Website from malicious codes (for example, computer viruses). You, in turn, acknowledge that you undertake to reimburse Net-Film for any damage, including failure and misuse of the services arising from your work with the Website.
You may be charged a fee for using certain services we render. Information about payment for the services of this type will be sent to you as a notification. Access to paid services without a previously agreed payment is not possible. You agree to pay the price of the paid services you have requested access to.
If you believe that any Content violates your personal privacy rights (or personal privacy rights of a minor for whom you are a parent or legal guardian), please contact us at [email protected] providing the following information:
Net-Film respects the intellectual property rights of others and asks our users to adhere to the same principle. If you believe that your work has been copied, used, stored, transmitted or displayed in a manner that constitutes a copyright violation, or if your intellectual property rights are otherwise infringed, you shall notify us with a statement of violation drawn up in accordance with the procedure outlined below.
After processing and studying notices of alleged violations, we will take appropriate measures in accordance with the applicable legislation of the Russian Federation.
Notice of alleged copyright violation shall be sent by email to [email protected] (Subject: "Request for Verification of Content Rights"). You can also send us a letter to the address given in the "Contact Information" section.
Notice shall be in writing and contain the following information:
Based on the results of the consideration, the Content that violates the rights will be deleted. If we receive a counter statement from the User or the licensor who provided this Content on the fact that the content is posted in compliance with the law, we will provide you with a copy of this counter statement.
Counter statement: If you believe that your material that has been deleted does not violate any rights, or if you have permission from the copyright owner, a representative of the copyright owner, or as required by law, you shall have the right to download and use the material; you can send us a written counter notice containing the following information at the respective addresses given above:
We reserve the right, in our sole discretion, to delete any Content, Previews or other materials from the Website at any time.
We reserve the right, at our sole discretion, to ban, restrict, suspend or revoke your access to the Website, including refusing to render the services under the Orders or subscriptions, as well as revoke the Trial License in whole or in part, at any time without prior notice, including the following reasons (but not limited thereto):
In the event of restriction and/or termination of the Website usage, you agree to immediately:
If we stop or restrict your access to the Website or the capability to use the Website for violation of the terms hereof, or for other reasons, Net-Film shall not reimburse any of your costs associated with the Website usage.
The Website, Net-Film services, Content and any materials are provided “as is” without any obligation or guarantee of any kind, express or implied, including any implied warranties of quality or merchantability or fitness for a particular purpose, title or non-violation, all of which are explicitly disclaimed. We do not represent or guarantee that the Website, our services and any materials will meet your requirements, that their usage will be uninterrupted and error-free. You shall bear all risks regarding the quality, performance and using the Website and Net-Film services.
Net-Film, its directors, officers, employees, members, partners, agents (altogether referred to as the "Net-Film Party") shall not be responsible to you or any other person or entity for any general, direct, penal, special, approximate or indirect losses or expenses arising in accordance herewith or as a result of the use by you or any of your representatives of the Website, services or any materials, even in case of a prior notice of the possibility of such losses or expenses, regardless of whether such action was committed based on a contract, an offense (including negligence), intellectual property violation or otherwise. The cost of our services presents and is set based on the distribution of risks and limitation of responsibility set forth herein.
The maximum total responsibility of the Net-Film Party in relation to the Orders placed on the Website shall not exceed 5% of the cost of services (excluding the cost of the license) paid under the Order that caused the responsibility.
The maximum total responsibility of the Net-Film Party for any grounds, unless otherwise provided by the Documents or the Agreement, shall be 1 (one) ruble.
Unless the context provides otherwise, the following interpretations shall be used in any part hereof:1) "Including", "As well as" (including any derivative forms) - means "Including, but not limited to"; 2) "shall not", "shall", "obliged", "will fulfill", etc. are an expression of a duty (obligation), not just an intention to do something in the future; 3) the use of the singular includes the plural and vice versa; 4) The headings of the clauses and sections hereof are for convenience and do not affect the content interpretation; 5) References to "Agreement", "this agreement", "terms hereof", "terms" include references to the terms of the Documents.
Any Website access and use, provision of information using the Website and/or acceptance of the terms hereof and other legal actions shall be considered to be committed in the city of Moscow, Russian Federation, at the location of Net-Film.
By accepting the terms hereof, you agree that your personal information is transferred and processed in the course of our activities in accordance with the legislation of the Russian Federation.
This Agreement shall be considered and interpreted only in accordance with the legislation of the Russian Federation.
Any access to and use of the Website, as well as acceptance of the terms hereof shall be deemed to be effected in the city of Moscow, Russian Federation.
Any dispute regarding the Agreement may be considered exclusively in the Moscow Arbitration Court at the location of Net-Film. We and you hereby disclaim any objection to the venue of any such proceedings. The Parties hereby agree to the jurisdiction of such courts.
This agreement is not an agreement on joint activities, establishment of a joint venture, partnership and cannot be considered as a joint activity agreement or as a simple partnership agreement, as well as this Agreement cannot be considered as an employment contract with the User.
You represent and confirm that, you are an individual, you are at least 18 years old and you have the full right and authority to accept the terms hereof and to perform any activity on the Website.
None of the provisions hereof imply the individual or joint (solidary, subsidiary, etc. ) responsibility of Net-Film for possible claims against the Users or Users' debts.
If you violate/violated any provision hereof or any other provisions of the Documents, and we do not take or have not taken any action, we shall still have the right to use our rights and remedies in any other case if you violate the terms hereof or of the Documents at any time at our discretion.
Net-Film shall have the right to transfer rights and obligations hereunder to any other party without your consent.
In case one or more provisions hereof are for any reason invalid, unenforceable, such invalidity shall not affect the validity of any other provision hereof, which shall remain effective.
This Agreement supplements the Documents or other agreements entered into with Net-Film. In case of a conflict between the terms hereof and the terms of the Documents, including the License Agreement, the Author's Agreement, or written agreement with Net-Film, the provisions of those agreements shall prevail. In all other respects, the terms hereof shall be followed.
Net-Film may provide the User with a translation of the Agreement and the Documents from Russian into other languages, however, in case of a discrepancy between the terms hereof in Russian and its translation, only the Russian version hereof shall be legally binding.
For more information about our Website, site, platform and Content, or if you require assistance with your account, please refer to the addresses provided in the Contact Information.
Any legal notice or other notice of a legal nature addressed to any Net-Film division shall be sent by mail (or courier service) with proof of delivery and an inventory of the documents to the address given in section Contact Information.
A copy of the letter can be sent to the e-mail given in section Contact Information, with subject "To Legal Support Service".
Tel.:+7 495 514 7448
Email: [email protected]
Mailing address: Valdayskiy proezd 16, bldg. 2, Moscow, Russian Federation, 125445
Company name: Net-Film LLC
Address: Valdayskiy proezd 16, bldg. 2, Moscow, 125445