This User Agreement (hereinafter — the Agreement) regulates the relations between the Siberian Health (registered office address: 48, Lenin Str., Novosibirsk, 630004, Russian Federation), the SibvaleoTV service administration (hereinafter — the Administration), providing the access to the public for viewing and performing other actions with materials and information, and the individual, who uses any of these SibvaleoTV options (hereinafter — User).
Upon using the SibvaleoTV (including the Website), the User confirms that he/she read and accepted the Agreement terms without any changes or removal; as well as undertakes to use the SibvaleoTV (including the Website) in accordance with the Russian Federation legislation, not to interfere with the proper SibvaleoTV operation and/or the Website, not to attempt to get access to content, information and features of the SibvaleoTV and/or the Website in manners which were not directly provided by the Administration.
If User does not agree to the Agreement terms, the termination of the Agreement will require ceasing the SibvaleoTV and the Website use.
The Administration has the right to send User notifications, messages and other informational materials related to the process and methods of the SibvaleoTV use. User has the right to opt out of certain notifications and messages of the Administration as soon as the SibvaleoTV provides such option.
When User applies to the Administration, the latter is entitled to request User’s documents, confirming the information specified in the application and User’s right to submit such application. If User fail to provide requested documents or information to the Administration, the latter is entitled not to take any action regarding User’s application.
1. Key definitions of the Agreement.
1.1. The SibvaleoTV is an integrated hardware-software technological set of the Administration, containing information available to the public and providing an access to this information at one’s own request from anywhere and at any time via computer and/or other portable devices, including wireless ones (PDA, telephones for cellular networks or other wireless networks and etc.), using any technologies, standards and protocols (web, wap, IP TV, etc.), as well as via computer programs developed specifically for a particular mobile operating systems (iOS, Android, Windows phone, etc.), telephones for cellular networks (mobile applications), computer programs, specifically developed to bring audio, video and audiovisual works to the Internet Users through such devices as television receivers, independently or using auxiliary equipment providing the Internet access and capability to view the above mentioned works (Multiscreen TV technology, STB, Smart TV and etc.).
1.2. The Website is a part of the SibvaleoTV website (hereinafter — the Website); and is an integrated set of hardware-software and technical means, coupled with information expressed in text, graphics, video, audio or any other form, which is available online and identified by its unique address (URL) — sibvaleo.tv.
1.3. User is an Internet user, authorized on siberianhealth.com website under his/her account in order to obtain access to the additional options (services) of the SibvaleoTV.
1.4. Materials comprise photos, audio, video and other (multimedia) materials (including audiovisual works), directly uploaded (placed) on sibvaleo.tv by the Administration.
1.5. Information comprises graphics and text materials (including images, which visually reflects user on the website, comments, texts, etc.), audiovisual works, uploaded (placed) on sibvaleo.tv by User.
2. User carries out placement and/or removal of information on sibvaleo.tv under the conditions provided by this Agreement and the Administration.
3. Authorization procedure and User account.
3.1. To get an access to the SibvaleoTV additional services, the list of which is unilaterally determined by the Administration (in particular, the option to download, store, distribute and classificate information), User ought to be authorized on siberianhealth.com website.
3.2. User’s access to the Website is carried out by his/her API-authentication on siberianhealth.com website.
4. User Responsibility.
4.1. User is solely responsible for all activities that occur under his/her account, and is obliged to ensure confidentiality of password, which provides access to his/her account, and to take actions to change this password, if there is any User’s suspicion of the violation of its confidentiality.
4.2. User is solely responsible for the security (password’s resistance to guessability) of the password which he/she selected (or temporary one, which remained unchanged); as well as individually ensures password confidentiality.
4.3. User is solely responsible for all activities (and its consequences) performed within or by using the Website services under his/her account, including the cases of voluntary transfer of data access data to third parties on any terms (including by contracts or agreements). Therewith all activities, occurred on the Website under User’s account, are considered to be performed by User, except the cases when User (in the manner provided in this Agreement), notifies the Administration of any unauthorized access to the Website under his/her account and/or any (suspected violation) password confidentiality violation.
5. Conditions of information and materials placement.
5.1. User won’t be rewarded for the downloaded information, unless otherwise expressly provided by special statements, posted on the Website by the Administration.
5.2. Upon the information placement (download), User, posted it directly on the SibvaleoTV via the Website, assigns (under an ordinary (non-exclusive) license) the right of free use of the information and/or its pieces (fragments) by any means, in any form and for any purpose provided by par. 2, Art. 1270 of the Civil Code to the Administration and others that can arise in the future, by any technical means and in any possible for the SibvaleoTV manner, including by wide access to information and/or its certain pieces (fragments) and its brining to the public within the Website or any other services available for the SibvaleoTV (mobile applications, IP TV, etc.), all over the world, for an exclusivity period without any restrictions on the duration and volume of use.
5.3. User guarantees that information placement on the SibvaleoTV and its further use does not violate personal or property rights of other individuals, including (but not limited to) copyright, related, patent rights, the right to privacy, protection of honor, dignity and good name, right to a citizen’s picturing and etc.
5.4. If the Administration has any suspicions that User has the right to placed information or any reason to believe that information violates any rights or legitimate interests of third parties, or if the content contradicts this Agreement requirements and/or the current Russian Federation legislation, the Administration is entitled to delete relevant information from the SibvaleoTV. Therewith the Administration is not obliged to notify User of above mentioned actions (including the information deletion) or its reasons. This clause of the Agreement presupposes the Administration duty regularly moderate (content control) the information posted on the SibvaleoTV.
The Administration also reserves the unilateral right to delete information from the SibvaleoTV, which is not directly prohibited by the Agreement terms, but recognized as non-complying according to the Administration policy on information content, or as ambiguous one, that may lead to contradiction to the Russian Federation legislation norms.
5.5. The liability for unauthorized copying and information use is born by persons who illegally used the information posted on the SibvaleoTV.
5.6. The information posted on the SibvaleoTV ought to meet following requirements:
5.6.1. User’s information and activities ought not to violate any applicable legal acts of the Russian Federation, injure morality, honor and dignity, rights and legal interests of third parties, violate copyright and related rights, promote hatred and/or discrimination against people on racial, ethnic, sexual or social signs, incite religious, racial or ethnic hatred. Posted information ought not to contain scenes of violence, cruelty to animals and etc.
5.6.2. User’s information and activities ought not to violate or infringe upon the rights of minors.
5.6.3. It is forbidden to post information that User has no right to make available under any law or contractual relationships.
5.6.4. It is forbidden to post information that infringes upon patents, trademarks, trade secrets, copyright or related rights of a third party.
5.6.5. User is not permitted to upload, post or distribute in any other manner unsolicited or unauthorized advertising (spam, pyramid schemes solicitation) or impose goods or services in any other manner.
5.6.6. It is forbidden to post information that contains computer codes (designed to interrupt, destroy or limit the functionality of any computer software or hardware, telecommunications equipment) or programs for unauthorized access, as well as serial numbers to commercial software products, logins, passwords and other means to gain unauthorized access to the paid Internet resources.
5.6.7. User’s information and activities ought not to intentionally or accidentally violate any Russian Federation or international laws and regulations.
5.6.8. The information ought not to contain propaganda of narcotic substances.
5.6.9. User has no right to post information which is harming, threatening, containing obscene language, rude and offensive expressions, and contraries generally recognized rules of morality, illegally uses personal information of third parties, including (but not limited to) any names, addresses and telephone numbers or any other personal contact information without the owner’s consent.
5.6.10. It is forbidden to post information of pornographic character.
5.7. Users are not allowed to collect and store personal information of other users. User undertakes not to use the SibvaleoTV to collect information for commercial purposes, or inquire in any manner other users for commercial purposes.
5.8. User is not allowed to impersonate another person or company representative and/or community without sufficient rights, including (but not limited to) the employees of the Administration, as well as to distribute false information about his/her belonging to the Administration and any other natural or legal persons.
5.9. The Administration is entitled, at its sole discretion and without any notice to User, to place any informational messages (text or in the form of corresponding images) notifying users of age or other limitations of any materials and/or information, as well as directly limit User’s access to any content and/or information on any grounds (for example, based on the User’s age, presence of User’s account on the website, the territory of the User’s location and etc.).
The Administration also is entitled to carry out the replacement or deletion of offensive or infringing words and expressions, as well as make other changes or additions to the material and information solely for bringing it into line with the current legislation of Russian Federation.
5.10. User undertakes not to copy, reproduce, distribute, transfer, broadcast, display, sell, license or otherwise use any materials and information posted on the Website by the Administration, excluding the options provided by this Agreement and the SibvaleoTV services.
5.12. The Administration is not responsible for the information content and its compliance with the existing legislation, copyright infringement, unauthorized use of trademarks, commercial designations and etc., as well as for any infringement of third party rights regarding the information placement on the Website, and/or its use in accordance with the Agreement terms. In case of claims by third parties regarding the information placement on the Website and/or its use, User will settle these claims at its own discretion and expense. The Administration is not responsible for the User’s damages caused by third parties, in particular through the SibvaleoTV or the Website and/or the Website or the SibvaleoTV options use.
5.13. The Administration does its best to provide trouble-free SibvaleoTV operation, but it is not responsible for the total or partial loss of materials and information placed by User, the lack of quality or speed of services designed to place, reproduce and display materials and information.
6. The Agreement is a legally binding contract between User and the Administration that regulates the conditions of the SibvaleoTV use, including the information for posting on the Website and its further use.
7. This Agreement exercises the Russian Federation right. All disputes, regarding the Agreement, are settled in accordance with the current legislation of the Russian Federation at the Administration location.
8. An individual, who supposes that his/her rights and interests have been violated by the Administration or third parties actions due to placement of the materials and/or information on the SibvaleoTV, is obliged to notify the Administration.
9. The current version of the Agreement can be found on the following Website page http://sibvaleo.tv/en/agreement/. User confirms that this Agreement may be unilaterally changed by the Administration without any specific notice upon posting a new edition of the Agreement on the following Website page http://sibvaleo.tv/en/agreement/. Any changes made to the Agreement enter into force upon posting a new edition of the Agreement on the Website. Continued use of the SibvaleoTV following the posting of new edition of the Agreement on the Website means that he/she accepts the changes. In case of disagreement with the amendments to the Agreement, User is obliged to cease using the SibvaleoTV.
10. If the Russian Federation authorities make regulations, entirely or partially affecting the Website operation, the Administration reserves the right to make changes regarding the Website operation, aimed at bringing the latter into the compliance with the new regulations.
11.1. User fully understands and acknowledges that uses the SibvaleoTV services at his/her sole risk. Services are provided on «as is» and «as available» basis. The Administration emphasizes the absence of any warranties, whether expressed or implied, including, but not limited to the warranty of service quality and its fitness for a particular purpose.
11.1.2. The Administration doesn’t warranty that:
— services will meet user’s requirements, as well as will be uninterruptedly, timely, error-free and safely provided;
— results, obtained by the services use, will be accurate or reliable;
— quality of any products, services, information and other materials, obtained or purchased by User via the Website, will meet User’s expectations;
— any software errors will be corrected.
11.1.3. Material download or its obtaining in any other manner upon the SibvaleoTV services use are performed at the User’s risk, who is solely responsible for any computer damage, data loss and other consequences.
11.1.4. Any recommendation or information, obtained by User in written or oral form from the Administration or the SibvaleoTV services, don’t impose obligations on the Administration other than specified in the Agreement terms.
12. Limitation of liability.
12.1. User fully understands and agrees that the Administration is not responsible for any direct, indirect, incidental, intended, consequential or punitive damages, including, but not limited to the profit loss, damage from use, loss of data or any other intangible loss, injure to reputation or any other damage (even if the Administration was notified of such damages possibility), arising from:
— services use or its unavailability;
— changes of the Agreement terms;
— receiving messages and any other information obtained during the service usage;
— unauthorized access to User’s data; change of his/her data which is transferred or stored on the server;
— statements or conduct of any individual on the Website;
— any other cases connected with the provided service.