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Viasat World End User Licence Agreement
Version: May 2018
Viasat World Limited (“Viasat” or “we” or “us” or “our”) is a company which provides a subscription service allowing its subscribers to access Russian cinema movies, clips and other content (“Content”) streamed over the internet to certain internet-connected TVs, computers and other devices (“Devices”). Subscribers can access the content through the “TV1000 Russian Kino” website or mobile application (“Software”). The Content, the Software and any other products, features, tools, materials or other services offered by Viasat from time to time in connection with the Software are referred to collectively as the “Services”.
Viasat World Limited is a company incorporated in the United Kingdom which has its registered office and headquarters at Chiswick Green, 610 Chiswick High Road, London W4 5RU. If you have any questions about this Licence Agreement or the Services please contact us via email at TV1000support@viasatworld.com
PLEASE READ THESE LICENCE TERMS CAREFULLY
The rights granted under the terms of this Licence Agreement include any software upgrades that replace and/or supplement the original Software.
1 PERMITTED USE AND DATA
1.2 You must be 18 or over to accept these terms and use the Services.
1.3 You may view the Content primarily within the country in which you have established your account (or within the European Union, if applicable) and only in geographic locations where we offer the Services and have licensed such Content. For the avoidance of doubt, the Services are not currently available in Russia and/or the CIS.
1.4 In return for your agreeing to comply with these terms you may download, install and/or use the Services (which includes viewing, using and displaying the Software) for personal and non-commercial purposes only. You may not transfer the Software to anyone else, whether for money, for anything else or for free.
2 RESTRICTIONS ON USE OF SERVICES
2.1 You must:
2.1.1 not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by collecting or harvesting any information or data from the Services or our systems, or by hacking into or inserting malicious code, such as viruses, or harmful data, into the Services or any operating system;
2.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the Services (to the extent that such use is not licensed by these terms), or take any action that will infringe on the intellectual property or other proprietary rights of Viasat or any third party software provider;
2.1.3 not use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
2.1.4 not rent, lease, sub-license, loan, provide, or otherwise make available, the Services in any form, in whole or in part to any person without prior written consent from us;
2.1.5 not copy the Services, except as part of the normal use of the Services where it is necessary for the purpose of back-up or operational security provided that the Software is installed on only the number of Devices authorised by Viasat (this will be a total of five (5) Devices with a maximum of two (2) concurrent streams unless otherwise agreed or modified in writing by Viasat);
2.1.6 not translate, merge, adapt, vary, alter or modify, the whole or any part of the Services, nor permit any part of the Services to be combined with, or become incorporated in, any other programs, except as necessary to use the Services as permitted in these terms; and
2.1.7 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Services nor attempt to do any such things, except to the extent permitted by any applicable law.
3 UPGRADES AND SUPPORT
3.1 From time to time we may automatically update the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may ask you to consent to update the Services for these reasons.
3.2 If you choose not to install such updates or if you opt out of automatic updates you agree that you may not be able to continue using the Services.
3.3 If you think that any part of the Services is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at TV1000support@viasatworld.com.
3.4 If we have to contact you we will do so by email (using the contact details you have provided to us).
Your subscription will automatically renew as indicated in your chosen subscription plan until cancelled by you or terminated by us in accordance with the terms of this Licence Agreement. To use the Services you will need to have internet access, a Device and provide a current, valid and accepted method of payment which you may update from time to time (“Payment Method”). You can find details of your subscription and/or amend your subscription settings in your account settings.
4.2.1 In order to use our Services, you may need to pay a periodic subscription fee in accordance with the subscription plan you have chosen. By providing a Payment Method, you are expressly agreeing that we are authorised to automatically charge you a subscription fee corresponding to the term of your subscription.
4.2.2 The subscription fee will be charged automatically at the beginning of your subscription and on each periodic payment date thereafter unless and until you cancel your subscription or the Services are otherwise suspended or discontinued pursuant to this Licence Agreement. The interval of time between each payment due date shall correspond to the term of your subscription and be referred to herein as a the "Billing Period". To see the commencement date for your next renewal period, log in to the Software and go to your account settings.
4.2.3 Viasat reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If we decide to change the subscription fee, we will give you reasonable notice of these changes.
4.3 DELIVERY POLICY:
Following registration, it may take up to 3 hours before you are able to use your Service. If more than 3 hours have passed, and you are unable to access your Service, please contact us via email at TV1000support@viasatworld.com for assistance
4.4.1 You may cancel your Viasat subscription any time by visiting your account settings. We will email you a confirmation of your cancellation as soon as you cancel your subscription.
4.4.2 If neither you nor anyone authorised by you to use your account has taken advantage of the Services and you cancel your subscription within 14 days of accepting these terms, we will refund your subscription fee in full.
4.4.3 Annual Viasat subscription: If you paid your annual subscription fee and cancel your subscription within 14 days of accepting these terms but you or anyone authorised by you to use your account has taken advantage of the Services during this 14-day period, we will issue you a prorated refund based on the number of whole months remaining in your subscription.
4.4.4 Monthly Viasat subscription: If you paid your monthly subscription fee and cancel within 14 days of accepting these terms, we will issue you a partial refund based on use during that time of the Services by you or anyone authorised by you to use your account.
4.4.5 You must cancel your subscription before your next payment date in order to avoid the next billing. If you cancel your subscription, cancellation will be effective at the end of the current Billing Period - this means that you will have continued access to the Services for the remainder of that period, but you will not receive a refund.
5 CHANGES TO THESE TERMS
5.1 From time to time we may need to change these terms in our sole discretion. The most current version of this Licence Agreement will supersede any previous versions. We may give you notice of any change to these terms. Your continued use of the Services following any notice will amount to implicit consent to any changes. If you do not consent to any changes you must stop using the Services and cancel your subscription by visiting your account settings.
6 INTELLECTUAL PROPERTY RIGHTS
6.1 All intellectual property rights in the Services throughout the world belong to us (or our licensors) and our third party providers (or their licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Services other than the right to use them in accordance with these terms.
7.1 We reserve the right to terminate this Licence Agreement at any time for any reason, with or without notice to you. We will also terminate this License Agreement where you have breached these terms in a serious manner.
8.1 If we fail to comply with these terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
8.3 We are not responsible for events outside our control. If our provision of or support for the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
8.4 We may transfer our rights and obligations under these terms to another organisation. We will always tell you by email if this happens and we will ensure that the transfer will not affect your rights under the contract.
8.5 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
8.6 This Licence Agreement does not give rise to any third party rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence Agreement.
8.7 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
8.8 This Licence Agreement is governed by and will be read in accordance with the laws of England and Wales and is made under the exclusive jurisdiction of the English courts.