Terms of use

The User Agreement of NuArt

  1. Terms and definitions used in this Agreement
    1. Resource - is a set of Client programs and technical and technological solutions, by which the End user accesses the Content.
    2. Administrator - is HARTZELLA VENTURES LIMITED or duly authorized physical person / legal entity representing the interests of HARTZELLA VENTURES LIMITED.
    3. User - is a physical person (at the age of 18 years or older), exercising and having access to the Resource via the Internet, signed up and made the Acceptance of the Agreement.
    4. Content - is the Administrator-generated TV channels, as well as other individual audiovisual works, in respect of which the Administrator has exclusive or non-exclusive property rights; the User gets access to them after paying for the Subscription.
    5. Subscription - is granting the right of personal use of the Client program and right of access to the Content to the User for a certain fee and within the set period.
    6. Auto renewal of Subscription - is a service provided by the Resource for automatic renewal of Subscription.
    7. Acceptance of the Agreement - is a sign-up procedure (assignment of username and password), by which the User agrees to the terms of the Agreement. Terms of the Agreement are the adhesion contract and can be accepted by the User only in a full scope.
    8. Territory - is the whole world.
    9. Client account - is an account created on the Resource and allowing the User to implement Subscription functions.
  2. Subject of the Agreement
    1. The Administrator grants the fixed-term, revocable, and nonexclusive license to use the Client programs, as well as the right of access to the Content, to the User subject to the terms and conditions of this Agreement and payment of Subscription.
    2. This Agreement establishes the general terms of use of the Resource.
    3. The User agrees that the funds paid by User for access to the paid functions of Resource will not be returned under any circumstances, because the Administrator provides non-material and non-refundable services.
    4. In order to use the Resource, the User shall confirm that he/she has read, understood, and agreed to observe this Agreement in the manner prescribed by this Agreement and accede to the entire Agreement by signing up (make Acceptance of the Agreement). This Agreement is deemed to be concluded with the User and the User acquires the rights and is obliged to fulfill responsibilities under this Agreement since the Acceptance of the Agreement by the User.
    5. The Administrator reserves the right to change and/or supplement this Agreement at any time, in its sole discretion and without prior and/or further notice of the User. The current version of the Agreement is available in the Resource interface at the following URL: http://www.nuart.tv/00
    6. All results of intellectual activities used and published on the Resource, as well as the Resource itself are the intellectual property of their legal copyright owners and are protected by international legal acts (the Universal Copyright Convention of 06/09/1952, the Berne Convention for the Protection of Literary and Artistic Works of 09/09/1886, Beijing Treaty on Audiovisual Performances of 24/06/2012), as well as the applicable law. Any use of the results of intellectual activities published on the Resource (including the elements of the Resource visual design, symbols, texts, graphics, illustrations, photos, videos, software, music, and other objects) without the permission of the Resource Administrator or the legal copyright owner is illegal and can cause the court proceedings and application of civil, administrative and criminal liability to violators in accordance with the applicable law.
    7. Access to the results of intellectual activity published on the Resource is granted by the Administrator to the User exclusively for personal non-commercial use on the Resource for information purposes without the right of reproduction (including copying/downloading) of such results of intellectual activity in the memory of the User’s electronic devices, as well as without the right of other use of such results of intellectual activity not specified in this Agreement, including their sale, modification, distribution, in whole or in part, etc.
    8. Any use of the Resource or results of intellectual activity published on it without prior written permission of the copyright owner is strictly prohibited except the use permitted by the Agreement or unless there is the express consent of the author (copyright owner) to such use.
    9. The User has no right to reproduce, repeat, copy, sell, resell and use the Resource and/or any of the content of the Resource in any manner for any commercial purposes without consent of the Administrator or authorized owners of results of intellectual activity published on the Resource.
    10. By signing-up on the Resource, the User agrees to receive messages to email address and/or subscriber number specified during the signing-up on the following general events of the Resource: new Content publication, special offers appearance, holding of promotional actions, as well as other information.
    11. By Acceptance of this Agreement, the User agrees that the Administrator is entitled to collect and use any and all information on the User received during the signing-up and on the use of the Resource by the User. The Administrator has the right to use such information for billing, maintenance, conflict resolution, marketing or other similar purposes.
  3. Subscription
    1. The rights specified in a clause 2.1 of this Agreement, are granted to the User subject to the payment of one of the following Subscriptions:
      1. Subscription for a period of thirty (30) calendar days, which costs 15 USD;
      2. Subscription for a period of ninety (90) calendar days, which costs 40 USD;
      3. Subscription for a period of 180 (one hundred eighty) calendar days, which costs 60 USD;
      4. Subscription for a period of 360 (three hundred sixty) calendar days, which costs 90 USD.
    2. The Users’ payments specified in a clause 3.1 of this Agreement are accepted with the assistance of List of payment systems.
    3. In case of activation of Auto renewal of Subscription the payment can be carried out without the participation of the User, on a continuing basis by automatic withdrawal. The service is provided until the User disables it. The User can disable automatic renewal in the Client account at any time.
    4. The commission fee of the companies for payment collection specified in a clause 3.2 of this Agreement is paid by the User in its sole discretion and at its own expense.
    5. Depositing funds by the User under this Agreement via the payment system shall be considered as making payments directly to the Administrator. User responsibility to make the payment is deemed to be discharged since making such payment.
    6. The cost of the Subscription can be unilaterally changed by the Administrator by amending this Agreement.
  4. Rights and Obligations of the Parties
    1. User rights:
      1. To use the full functionality provided by the Resource, subject to payment of the Subscription.
    2. User obligations:
      1. To comply with the terms and conditions of this Agreement, as well as the legitimate rights and interests of Users and Content creators;
      2. Not to take any actions prohibited by this Agreement and the provisions of applicable law;
      3. To refrain from taking actions aimed at destabilization of the Resource functioning, unauthorized access to the Resource or the results of intellectual activity published on it, as well as from taking any other actions that violate the rights of the Administrator and/or the third parties;
      4. To take the appropriate measures to ensure the safety of User’s account and password and be responsible for all actions taken on the Resource under his/her account (username and password). The User is obliged to immediately notify the Administrator of any cases of access to the Resource by the third parties under the User account. The User has no right to transfer, assign, sell, make his/her account on the Resource available to third parties without the consent of the Administrator.
    3. Administrator rights:
      1. To determine the content, structure and appearance of the Resource, to authorize and limit access to the Resource in accordance with this Agreement;
      2. To resolve issues related to the commercial use of the Resource, in particular, the issues concerning placement of advertisements on the Resource, participation in affiliate programs, etc.;
      3. In the event of a breach of this Agreement by the User, to suspend, restrict or terminate the access of the User to all or any Resource sections and block the use of the Resource (block the authorization and/or IP addresses) for the User at any time, unilaterally, with prior notice or without it, without bearing responsibility for any harm that may be caused to the User by such action (including termination of this Agreement in whole by removing the User’s account from the Resource);
      4. To involve any third parties in order to implement the rights and obligations under this Agreement;
      5. To place advertisements and/or any other information in any section of the Resource and interrupt the demonstration of Content by the advertisements after the User gives his consent by Acceptance of this Agreement;
      6. To set the age restrictions for access to the Content published on the Resource and intended for the audience of a certain age. It means that the persons under the age specified by the Administrator shall refrain from access to such Content, whereof the Administrator can notify the User by placement of signs of information products on the Resource or by information messages when the User attempts to view the Content intended for the audience of a certain age.
    4. Administrator obligations:
      1. To provide a technical capability for User to access the Resource in the manner specified in this Agreement.
      2. To provide a routine management of the Resource sections.
  5. User Warranties and Liabilities
    1. The User is responsible for compliance with the methods of information use provided on the Resource and the provisions of applicable law (including the provisions of intellectual property rights and data protection laws).
    2. The User is responsible for the safety of login and password, as well as any actions taken with the use of Resource after authorization under his login and password. The Administrator has the right to prohibit the use of certain logins and/or withdraw them from circulation. The User is obliged to immediately notify the Administrator of any case of unauthorized access under his/her login and password and/or any breach of safety. The Administrator is not responsible for any loss or damage of data, which can occur due to violations of the provisions of this part of the Agreement by the User.
    3. In case of transfer of login/password to a third party, the User takes full responsibility for it. The Administrator is not responsible for damage caused by unauthorized access to User account.
    4. The User is liable to the Administrator for compliance with the terms and conditions of this Agreement.
    5. The User agrees to compensate the Administrator’s losses, including damage and loss of profit incurred by the Administrator in connection with the use of Resource by the User and/or breach of this Agreement and/or the rights of the third parties (including copyright, allied rights, patent rights, information rights) by the User.
  6. Limitation of Administrator’s Liability
    1. Access to the Resource is provided to the User on an "AS IS" basis, in its current form and the Administrator makes no representations or warranties in relation to its use and functioning.
    2. The User understands and agrees that the Administrator can delete or move (without notice) any results of intellectual activity published on the Resource (including Content), in its sole discretion, for any reason or for no reason, including without limitation, movement or removal of the results of intellectual activity.
    3. The Administrator does not bear responsibility for any error, omission, interruption, removal, defect, data processing or transfer delay, communication line failure, theft, destruction or unauthorized access of the third parties to the results of intellectual activity published on the Resource. Administrator is not responsible for any malfunctions or other technical problems of any telephone networks or services, computer systems, servers or providers, computer or phone equipment, software and failure of email services or scripts. Besides, the Administrator is not responsible for the conformity of the Resource or its parts (services) to the Users' expectations, error-free and uninterrupted operation of the Resource, termination of the User's access to Resource and the results of intellectual activity, published on the Resource, safety of User’s login and password allowing access to individual services of the Resource, losses incurred by User for reasons related to malfunction of hardware or software.
    4. The Administrator is not responsible for any damage to electronic devices of the User or any other person, mobile devices, any other hardware or software caused by or related to the use of the Resource.
    5. Under no circumstances shall the Administrator be liable to User or any third parties for any direct, indirect, accidental damage, including loss of profit or lost data, damage to honor, dignity or business reputation, caused in connection with the use of the Resource or the results of intellectual activity published on the Resource. In any case, the Parties agree that the amount of losses compensated to the User by the Administrator for any violations related to the use of the Resource or under this Agreement is limited by the Parties to 10 USD.
    6. The Administrator shall not be liable to User or any third parties for:
      • User actions on the Resource;
      • Content, legality, and reliability of the information used/received by the User on the Resource;
      • Quality of goods/works/services purchased by the User after viewing of advertisements (banners, commercials, etc.) placed on the Resource and their possible non-conformity to common standards or User's expectations;
      • Reliability of advertisements used/received by the User on the Resource and the quality of the goods/works/ services advertised therein;
      • Effects of use of the information used/received by the User on the Resource.
    7. In the case of submission of the third party claims related to the use of the Resource by the User to the Administrator, the User shall settle such the third party claims by its own efforts and at its own expense and indemnify the Administrator against eventual losses and court proceedings.
    8. A Resource can contain links to other Internet resources. The User acknowledges and agrees that the Administrator has no control over and shall not be liable for the availability of such resources and their content, as well as any consequences arising from the use of such resources. Any clicking on such links by the User is the responsibility of the User.
  7. Privacy Policy
    1. This Privacy Policy regarding personal information applies to all the information about the User that the Administrator and its affiliated persons carrying out the technical implementation and support of services can get during the use of www.nuart.tv website, NUART mobile services by the User, as well as during contacting the service support team.
    2. Use of www.nuart.tv website and NUART mobile services, owned by the Administrator, is regarded as unconditional consent of the User with this Policy and conditions of processing of his/her personal data as defined therein; in case of disagreement with these conditions the User must refrain from the use of the Resource.
    3. The Administrator reserves the right to amend this Privacy Policy. The new version of the Policy comes into force immediately after being placed, unless otherwise provided by the new version of the Policy.
    4. The Administrator takes the necessary and sufficient organizational and technical measures to protect User’s personal information against unauthorized or accidental access, destruction, modification, blocking, copying, distribution, and other illegal actions of the third parties.
    5. The Administrator requests and collects the Users' personal data, including full name, address, telephone number and email address. The Administrator can receive data when the User pays the services, visits websites or contacts the support team.
    6. The Administrator does not collect or store data about the credit cards and other payment details.
    7. The Administrator monitors the traffic and usage statistics of the Resource. The Administrator uses this information to optimize the Resource operation.
    8. The Administrator collects and stores only the personal data that are necessary for the delivery and provision of services (execution of the agreements and contracts concluded with the User).
    9. In some cases, the contact information entered by Users can be used for sending newsletters and invitations to participate in contests and surveys. In this case, the Administrator is obliged to seek the consent of the User for the use of his/her contact information and offer an option to cancel the Subscription.
    10. The Administrator and its affiliated persons do not transmit the information to the third parties for any purpose without the consent of the User. An exception is a situation when the Administrator believes that it is necessary in order to comply with the law or the court order, protect the rights or property of the Administrator, protect the personal safety of Users or the general public, investigate or take actions against illegal or suspected illegal activities or for other purposes in accordance with the consent of the User.
  8. Final Provisions
    1. This Agreement and the relations between the Administrator and the User are governed by and interpreted in accordance with the applicable law.
    2. If any terms and conditions of this Agreement are invalid or unenforceable for whatever reason, it does not affect the validity or enforceability of the remaining terms and conditions of the Agreement.
    3. The Parties agree that all disputes arising from the relations of the Parties, subject to this Agreement, shall be settled by the competent court at the location of the Administrator with the strict observance of pre-trial dispute settlement procedure. The Parties understand and agree that the procedure governing the settlement of disputes related to the technical problems in the Resource operation stipulated in this clause of the Agreement is obligatory for judicial recourse by the Parties.
    4. For any claims, questions or suggestions regarding the operation of the Resource Users may contact the Administrator by email: support@nuart.tv. When making a claim to the Administrator the User has to provide documents evidencing validity of a claim, as well as specify his/her login details on the Resource.