1. Description of the Services. Subject of the Agreement

1.1. The Akamu service hosted on the global Internet at the domain address https://akamu.app/ and available through the installation and use of special software on various user devices (mobile smartphones, tablets and TVs with the so-called SMART TV function) in accordance with the provisions of this Agreements (hereinafter referred to as the Service). The service allows persons, in real time, through the global Internet and various electronic devices, to view online audio and video content.

1.2. The subject of this User Agreement (hereinafter referred to as the Agreement) is the relationship between Akamu LLC, which is the administrator and copyright holder of the Service (hereinafter referred to as the Administrator), and you (hereinafter referred to as the User) regarding the use of the Service and the results of intellectual activity posted on it, as well as the use by the User other services of the Service.

1.3. The Service contains audio and video content that is available for viewing by Users for a fee determined by the Administrator, which is regulated in detail in Section 6 of this Agreement.

2. General provisions

2.1. This Agreement establishes the rules and conditions for the use of the Service by Users who, after registration or without it, using the Service and its services, become Users of the Service and services provided by the Administrator.

2.2. The User’s use of the Service, any of its services, functionality means the User’s unconditional consent to all clauses of this Agreement and the unconditional acceptance of its terms with the obligation to comply with the obligations assigned to the User under this Agreement. The fact that the User uses the Service, any of its services, functionality, as well as the registration of the User on the Service (creating an account) is a complete and unconditional acceptance of this Agreement, ignorance, ignorance of the terms of which does not relieve the User from liability for non-compliance with its terms.

2.3. The Administrator reserves the right, at its sole discretion, to change and / or supplement the Agreement at any time without prior and / or subsequent notice to the User. The current version of the Agreement is available in the Service interface at the address on the global Internet:

https://akamu.ru/policy

2.4. The User’s use of the Service, any of its services, functionality after making any changes and / or additions to the Agreement means the User’s consent to such changes and / or additions.

2.5. The User undertakes to regularly, at least 1 (one) time in 14 (fourteen) days, get acquainted with the content of this Agreement in order to timely familiarize himself with its changes and / or additions.

2.6. If you (the User) do not agree to be bound by this Agreement, please do not use the Service, and if you are already a registered User, delete your account and/or stop using the Service.

3. Intellectual property

3.1. All results of intellectual activity used and posted on the Service, as well as the Service itself, are the intellectual property of their legal owners and are protected by the intellectual property legislation of the Russian Federation, as well as relevant international legal conventions. Any use of the results of intellectual activity posted on the Service (including elements of the visual design of the Service, symbols, texts, graphics, illustrations, photos, videos, programs, music and other objects) without the permission of the Administrator or the legal owner of the corresponding results of intellectual activity is illegal and may serve as a reason for litigation and bringing violators to civil, administrative and (or) criminal liability in accordance with the legislation of the Russian Federation.

3.2. Except as otherwise provided by the Agreement, as well as the current legislation of the Russian Federation, no result of intellectual activity posted on the Service may be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise used in its entirety. or in parts, without the prior permission of the Administrator or the rightful owner of the corresponding result of intellectual activity, unless the Administrator or the rightholder has expressly agreed to the free use of the material by any person.

3.3. Access to the results of intellectual activity posted on the Service is provided by the Administrator solely for personal non-commercial use by Users in order to familiarize themselves with them exclusively through the Service, without the right to reproduce (including copy/download) these results of intellectual activity in the memory of electronic devicesTV of Users (unless otherwise specified separately by the terms of sale of video content on the Service), as well as without the right to otherwise use the specified results of intellectual activity not specified in this Agreement or in the interface of the Service, including their sale, modification, distribution in whole or by parts, etc.

3.4. Any use of the Service or the results of intellectual activity posted on it, except as permitted in the Agreement, or, in the case of the express consent of the Administrator or the author (right holder) to such use, without the prior written permission of the Administrator or the author (right holder) is strictly prohibited.

3.5. The Administrator reserves the right to remove from the Service any results of intellectual activity posted on it at any time without notifying the User.

4. Rights and obligations of the Administrator

4.1. The duties of the Administrator are solely to ensure the provision of the technical possibility for the User to gain access to the Service

4.2. The Administrator reserves the right, at its sole discretion, to change or delete any information published on the Service,

and any elements and components of the Service, suspend, restrict or terminate the User’s access to all or any of the sections of the Service at any time for any reason or without explanation, with or without prior notice (at the discretion of the Administrator). At the same time, the Parties agree that the Administrator is not responsible for any harm that may be caused to the User by such actions.

4.3. The Administrator has the right to set any restrictions on the use of the Service, at any time to change this Agreement unilaterally, without obtaining the consent of the User.

4.4. The Administrator has the right to send messages to Users, incl. through telecommunication networks containing organizational, technical or other information about the possibilities of the Service, as well as containing advertising and other information materials of the Administrator and / or third parties, to which the User gives his consent in this Agreement.

4.5. The Administrator has the right to provide the User with the opportunity to create a single account (profile) within the Service. If the User creates more than one account, the Administrator reserves the right to delete the accounts created by the User and/or refuse the User to use the Service.

4.6. The Administrator has the right to place advertising and / or other information in any section of the Service, as well as to place advertising and other information materials of the Administrator and / or third parties in messages and notifications sent, incl. through telecommunication networks, to which the User gives his consent in this Agreement.

4.7. The Administrator is not engaged in preliminary moderation or censorship of User comments and takes actions to protect the rights and interests of individuals only after the person concerned applies to the Administrator in the manner prescribed by the Administrator. At the same time, the Administrator has the right, at its sole discretion, to limit or remove the comment function from the Service without prior notice to the Users.

5. Rights and obligations of the User

5.1. The User undertakes to use the Service only for lawful purposes, comply with the current legislation of the Russian Federation, as well as the rights and legitimate interests of the Administrator and copyright holders whose content and other results of their intellectual activity are posted on the Service.

5.2. The User is obliged not to use the Service to register more than one account for the same person.

5.3. The User is obliged to refrain from taking actions aimed at destabilizing the operation of the Service, attempting unauthorized access to the Service, the results of intellectual activity posted on it, from unauthorized blocking, disabling advertising information on the Service, as well as from performing any other actions that violate the rights of the Administrator and /or third parties.

5.4. The User undertakes not to send materials that are advertising of any goods or services through / through the Service without obtaining the prior written consent of the Administrator. The User undertakes not to use the Service to advertise or otherwise promote the sale of any goods and services.

5.5. The User does not have the right to reproduce, repeat, copy, sell, resell, and also use in any way for any commercial purposes the Service and / or any part of the content of the Service without the written consent of the Administrator and / or copyright holders of the results of intellectual activity posted on the Service .

5.6. The User has the right to stop using the Service and cancel the account he created by deleting his account through the mobile application, on the «Account Settings» page, by clicking the «Delete Account» button.

5.7. The user is obliged to when registering (creating an account), give accurate, up-to-date information to identify him on the Service, which may be requested by the registration forms of the Service (hereinafter referred to as Credentials).

5.8. The User is obliged to take appropriate measures to ensure the safety of the User’s account (including email addresses) and password and is responsible for all actions performed on the Service under his account (login and password). The User is obliged to immediately notify the Administrator of any cases of access to the Service third parties under the User’s account. The user has no right to transfer, assign, sell, transfer for use, etc. your account on the Service to third parties without the consent of the Administrator.

5.9. The User is obliged to periodically update the Credentials and other information that he provided during registration in order to ensure its accuracy, relevance and completeness.

5.10. The user is fully responsible for any actions performed by him using his account, as well as for any consequences that such use could or has entailed.

5.11. The User is obliged to use the information received on the Service solely for lawful and personal non-commercial purposes that do not contradict moral principles and generally recognized values.

5.12. The User undertakes not to attempt to disable or otherwise interfere with any technical means of protecting the Service or the results of intellectual activity posted on it, which prevent or restrict the use or copying of any information or results of intellectual activity posted on the Service.

5.14. A user under the age of 18 undertakes to refrain from viewing sections of the Service and content intended for an adult audience.

5.15. The User undertakes not to attempt to change or modify any part of the Service), as well as not to use the Service, the results of intellectual activity posted on it, for commercial purposes.

5.16. Users are responsible for their own actions in connection with the creation and placement of comments on the Service, as well as in connection with the placement of information on the personal pages of the Service in accordance with the current legislation of the country in which the User is located when using the Service.

5.17. When using the Service, the User is prohibited from uploading, storing, publishing, distributing and providing access to or otherwise using any information that:

• contains threats, discredits, insults, discredits honor and dignity or business reputation or violates the privacy of other Users or third parties;
• violates the rights of minors;
• is vulgar or obscene, contains obscene language, contains pornographic images and texts or scenes of a sexual nature;
• contains scenes of violence or inhuman treatment of animals;
• contains a description of the means and methods of suicide, any incitement to commit it;
• promotes and/or promotes incitement of racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;
• contains extremist materials;
• promotes criminal activity or contains advice, instructions or guidelines for committing criminal acts;
• contains information of limited access, including, but not limited to, state and commercial secrets, information about the private lives of third parties;
• contains advertising;
• is fraudulent;
• is the intellectual property of third parties who did not give permission to the User to use it,

and also violates other rights and interests of citizens and legal entities or the requirements of the legislation of the Russian Federation or the country in which the User is located when using the Service.

5.18. When using the service, the user gives the administrator his consent to receive advertising information posted on the service and / or in the process of displaying content, as well as to receive advertising and other advertising information of the administrator and / or third parties sent by the administrator and / or third parties via agreement with the administrator, incl. through telecommunication networks. The user is not entitled to use the service using software that unauthorizedly blocks, modifies, copies information of the service, including information of an advertising nature. If the user disagrees with this provision of the agreement, the user has the right not to use the service, to refuse to use it completely.

5.19. The User, prior to settlement (payment for the Service), must provide the Administrator with information about the subscriber number or e-mail address in order to send a cash receipt. To the subscriber number or e-mail of the User, the Administrator sends the owl check for payment for the Services. The User is solely responsible for the correctness of the data provided about the subscriber number or e-mail address, the Administrator is not responsible for the User’s errors. If the User does not provide information about the subscriber number or email address until the moment of settlement, the User agrees and acknowledges that an email will be created for him by the Administrator in the Service

5.20. The User is obliged to fulfill other obligations established by this Agreement.

6. Rules and conditions for access to paid services of the Service

6.1. As part of the Service, the Administrator provides Users with access to view content for a fee. Paid content is marked on the Service with icons informing the User that access to the content is paid. As part of the Service, the Administrator provides the Users with the following paid services for access to view the relevant content (hereinafter referred to collectively as the Service):

6.1.5. Akamu Subscription service means a perpetual service (valid until the User refuses it) for the Administrator to provide the User for a periodic subscription fee with access to receive streaming of the number of content units determined by the Administrator through the Service (without the ability to download and copy a content unit (except for temporary copying , which is an integral part of the technical process) into the memory of the User’s device) without limiting the number of views of such content units, in accordance with the rules, restrictions and technical requirements specified in this Agreement and on the Service. The commencement of this Service is calculated from the moment the first monthly subscription fee is paid by the User and the fact of payment for the Service is reflected in the Administrator’s electronic payment accounting system. The User has the right to refuse further use of this Service at any time in the manner provided for in clause 6.5. present agreement

6.2. The cost of the Services for the User is indicated on the Service page https://akamu.app/subscription

6.3. When initially ordering and paying for the Akamu Subscription Service, the User authorizes the Administrator on a monthly basis, in advance payment, to charge for this Service the subscription fee set by the Administrator on the day of payment until the User refuses to continue using this Service in accordance with the terms of the Agreement on connection and use of the «Automatic renewal» service. Services Akamu subscription in the Internet service akamu.ru”. The User understands and agrees that the Akamu Subscription Service is valid indefinitely and may be terminated at any time from the moment the User refuses to continue using this Service in the manner provided for in clause 6.5. of this Agreement, or on other grounds provided for in this Agreement. Refusal to pay the User’s subscription fee for the corresponding period of provision of the Akamu Subscription Service is the User’s refusal to continue using this Service; in such a case, the User’s access to the content within the framework of this Service is terminated from the day following the last day of the paid period for the provision of the Akamu Subscription Service. Write-off of funds in the form of a prepaid subscription fee for the period of 30 (thirty) days of the provision of the Service Akamu Subscription of the validity of this Service is made by the Administrator no later than 3 (three) days before the end of the current period of the Service.

6.4. If there are not enough funds on the Personal Balance indicated by him when paying for the Akamu Subscription Service on the payment day to pay the subscription fee for the next month of the validity of this Service, the Akamu Subscription Service will be terminated from the day following the last day of the paid period.

6.5. The User may cancel the Akamu Subscription Service at any time. To do this, the User must click on the «Cancel» button in the personal account section and follow the further instructions provided on the Service.

6.6. When paying for the services of the service, the user confirms that he is fully aware, understands the terms of this agreement and accepts them, and that the administrator reserves the right to remove any content from the service without notifying the user at any time, and / or add any content to the service without notice user. Until the moment of payment for the services of the service (in particular, the akamu subscription service), the user undertakes to first familiarize himself with the list of content units within the purchased services. Payment by the user for the services of the service (in particular, the akamu service) means that the user is familiar with the list of content units within the purchased services and is fully satisfied with the content of this list.

6.7. The Administrator has the right to block the User’s access to the Service and / or account and / or Services (including paid ones) in case the User violates the terms of this Agreement or if the Administrator decidesthe actions of the User are fraudulent or aimed at damaging the Service, undermining the reputation of the Service or brand, organizing a DDoS attack, etc. The funds paid by the User for the Services of the Service, in this case, are non-refundable.

6.8. Payment for the Services can be made:

6.8.1.one of the following non-cash payment methods:

• through bank cards of national or international payment systems, including, but not limited to: Visa International, MasterCard Worldwide;
• and in other ways indicated on the Service.

6.8.2. The Users who pay for the Services of the Service using bank cards are not charged a commission for the operation, unless otherwise provided in the form of payment that appears in the process of payment by the User of the Services of the Service.

At the same time, when paying for the Services of the Service using bank cards, in addition to the main cost of the Service, the bank card may be charged the amount of money necessary for preliminary verification of the bank card as available for debiting the main cost of the Service.

The amount and term of the refund from the moment the specified amount is deducted is determined by the bank that issued the User’s bank card, and does not depend on the Service Administrator.

6.10. Access to paid content posted on the Service within the framework of the Services is provided to the User only after the payment for the Services and the receipt by the Administrator of the relevant confirmation of the fact of payment. Unless otherwise provided by the Agreement, in order to purchase the Services, the Service User may need to Authorize on the Service, select the appropriate Service and payment method, and make payment according to further instructions provided on the Service.

Authorization in the context of this Agreement means the activation of the User’s account by entering a login and password in a special form of the Service interface provided to the User when registering the User on the Service.

The Parties also acknowledge and agree that the Administrator is not obliged to provide the User with the Services until the funds for the Service are received from the User to the account of the Administrator.

6.12. The cost of the Services, their content, terms and payment procedure (including the amount of content available under the Akamu Subscription Service) can be unilaterally changed by the Administrator without special notice to the User.

6.15. Users under the age of 18 are not entitled to use paid Services without the participation and consent of their adult representatives — parents, adoptive parents, guardians.

6.16. The parties to this Agreement confirm and agree that the Services are considered rendered at the time of their payment by the User.

6.18. The user acknowledges and agrees that the akamu subscription service is available to the user on the following terms:

1) through the interface of the website https://akamu.App/ — using computer devices, and

2) through software applications from devices running on the ios operating system (iphone / ipad), and

3) through software applications from devices operating on the android operating system, and

4) through software applications from smart TVs (lg and samsung smart tv — models of 2012 and later).

7. Additional services, marketing and special promotions of the Service

7.1. Trial Period Services Akamu Subscription

7.1.1. From time to time, in order to promote the paid Akamu Subscription service among Users and encourage Users to purchase the Akamu Subscription service, from time to time, the Administrator may conduct promotional activities, under the conditional name Trial period of the Akamu Subscription Service, on the terms described in the relevant rules for conducting these promotions, which will be additionally posted on the Service, which the User will be familiar with and must agree to in order to participate in the Akamu Subscription Service Trial Period promotion.

As part of the Akamu Subscription Service Trial Period marketing campaigns, a User who previously did not have access to the Akamu Subscription Service or the Akamu Subscription Service Trial Period under his account may be provided for a limited period of time with access to the paid content specified by the promotion rules, available within the Service. Akamu Subscription, without charging him a fee, provided that the payment details of his bank card are indicated, from which the cost of the Akamu Subscription Service can be automatically deducted in the future, in accordance with the rules of the Trial period of the Akamu Subscription Service, accepted by the User upon his participation in such a promotion .

Based on the results of the expiration of the User’s use of the content within the framework of the Trial Period of the Akamu Subscription Service, the User will be automatically connected to the akamu Subscription Service, charging the appropriate monetary fee for a certain period of access to the use of the Akamu Subscription Service in accordance with the terms and conditions provided for in section 6 of this Agreement and (or) promotion rules.

To outTo avoid charging you for the Akamu Subscription Service, you must cancel (turn off) the Akamu Subscription Service before the end of the declared trial period in the User’s personal account on the Service or in any other way described in this Agreement or the conditions of the promotion.

The Administrator hereby notifies the User, and the User acknowledges and agrees that the User has the right to use the Trial period of the Akamu Subscription Service during its provision (during the period of the marketing campaign) only once using his account on the Service and a bank card. The administrator has the right to refuse to provide the User with re-access to the promotion Trial period of the Akamu Subscription Service during the period of its implementation, without explaining the reasons for the refusal.

If the Akamu Subscription Service is terminated before the end of the Trial Period, the User acknowledges and agrees that he automatically loses the ability to continue using the Akamu Subscription Service, including all additional Service options accompanying this service, including, but not limited to: access to an additional catalog of content available under the this Service, the function of disabling advertising on the Service

8. Responsibility. Disclaimer

8.1. Access to the Service is provided «AS IS» and the Administrator makes no warranty or representation regarding it.

8.2. The content of the Administrator is for informational purposes only, the User understands and agrees that he is responsible for listening to and viewing the content provided by the Administrator. The Administrator is not responsible for the mental state of the User before and after listening to the content.

8.3. The User understands and agrees that the Administrator may remove or move (without notice) any results of intellectual activity posted on the Service, at its sole discretion, for any reason or no reason, including, without any restrictions, the removal or removal of results of intellectual activity.

8.4. The User understands and agrees that the Administrator is not responsible to him for any content posted by a non-Administrator on the Service, including, but not limited to, the following: texts and comments, images, as well as any other information posted on the Service by third parties.

8.5. The Administrator is not responsible for any errors, omissions, interruptions, deletion, defects, delay in processing or transmission of data, failure of communication lines, theft, destruction or unauthorized access by third parties to the results of intellectual activity posted on the Service. The Administrator is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of email services or scripts due to technical reasons. Also, the Administrator is not responsible for the compliance of the Service in its entirety or its parts (services) with the expectations of the Users, the error-free and uninterrupted operation of the Service, the termination of the User’s access to the Service and the results of intellectual activity posted on the Service, the safety of the User’s login and password, which provide access to certain services of the Service, losses incurred by Users for reasons related to technical failures of hardware or software.

8.6. The Administrator undertakes not to use the Credentials received during registration for any mercenary purposes and guarantees non-disclosure of these data. It is not considered a violation of this condition that the Administrator disclose information about the User at the request of state regulatory authorities, law enforcement agencies, in cases where disclosure of such information is the Administrator’s obligation by virtue of the legislation of the Russian Federation or for the purposes of proper provision of services.

8.7. The user is fully responsible for the safety of his login and password and for losses that may arise due to their loss or unauthorized use of his account. The user is advised to change his password regularly. The Administrator is not responsible and does not compensate for losses incurred due to unauthorized use by third parties of the login and password of the User’s account. All actions performed by a visitor who logged in with the username and password of the User are considered as actions of the User. The user is fully responsible for all actions performed by an authorized person on his behalf.

8.8. The Administrator is not responsible for any damage to the User’s or other person’s electronic devices, mobile devices, any other equipment or software caused by or associated with the use of the Service.

8.9. Under no circumstances shall the Administrator be liable to the User or any third parties for any direct, indirect, unintentional damage, inincluding lost profits or lost data, damage to honor, dignity or business reputation caused in connection with the use of the Service or the results of intellectual activity posted on the Service. In any case, the Parties agree that the amount of the Administrator’s losses to the User for any violations related to the use of the Service or this Agreement is limited by the Parties to the amount of 50 euros

8.10. The Administrator is not liable to the User or any third parties for:

• actions of the User on the Service;
• for the content and legality, reliability of information used/received by the User on the Service;
• for the quality of goods/works/services purchased by the User after viewing advertising messages (banners, commercials, etc.) posted on the Service, and their possible non-compliance with generally accepted standards or the User’s expectations;
• for the reliability of the advertising information used/received by the User on the Service, and the quality of the goods/works/services advertised in it;
• for the consequences of using the information used/received by the User on the Service.

8.11. The Administrator is not responsible for the violation by the User of the rules and conditions set forth in this Agreement, and reserves the right, at its own discretion, as well as upon receipt of information from any third parties about the violation by the User of the rules and conditions set forth in this Agreement, or the rights and interests of third parties, modify (moderate) or delete any information published by the User, as well as suspend, restrict or terminate the User’s access to all or any of the sections of the Service at any time for any reason or without explanation, with or without prior notice, not responsible for any harm that may be caused to the User by such action.

8.12. In the event that third parties present claims against the Administrator related to the use of the Service by the User, the User undertakes, on its own and at its own expense, to settle these claims with third parties, protecting the Administrator from possible losses and proceedings.

8.13. The Service may contain links to other resources of the global Internet. The User acknowledges and agrees that the Administrator does not control and is not responsible for the availability of these resources and their content, as well as for any consequences associated with the use of these resources. Any clicks on the links carried out by the User, the latter makes at his own peril and risk.

9. Final provisions

9.1. This Agreement and the relationship between the Administrator and the User are governed by and interpreted in accordance with the laws of the Russian Federation. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of the Russian Federation. The Parties to the Agreement undertake to submit to the exclusive jurisdiction of the courts of the Russian Federation in the event of any legal disputes related to this Agreement or the Service.

9.2. If for one reason or another any of the terms of this Agreement are invalid or unenforceable, this does not affect the validity or enforceability of the remaining terms of the Agreement.

9.3. This Agreement is concluded for an indefinite period and applies to Users accessing and using the Service, both before the date of publication of this Agreement and after the date of its publication on the Service.

9.4. This Agreement is a public offer, in accordance with Art. 437 of the Civil Code of the Russian Federation. The User’s consent to the terms of this Agreement (acceptance) is considered the actual use of the Service, its services, Services and the results of intellectual activity posted on it, or the fact of the User’s registration on the Service (if the User has carried out such registration).

9.5. The Parties agreed that all disputes arising from the relations of the Parties governed by this Agreement must be resolved in the competent court at the location of the Administrator with the obligatory observance of the pre-trial claim dispute settlement procedure. The Parties understand and agree that the claim procedure for the settlement of disputes by the Parties related to technical problems in the operation of the Service, established by this clause of the Agreement, is mandatory when the Parties apply to the judicial authorities.