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TERMS AND DEFINITIONS
USER AGREEMENT 


PRIVACY POLICY

of Prosensetv LP

TERMS AND DEFINITIONS

1.1. In these Regulations, the following terms and definitions shall be used both in singular and in plural, unless the context of the respective provision otherwise requires, and shall have the following meanings:

(a) Company means Prosensetv LP (legal address: Castle House, 1 Baker Street, Suite 4, Stirling, FK8 1AL, Scotland, UK);

(a) Regulations means this privacy policy of the Company posted on the Website;

(b) User means individual entrepreneur, legal entity, representative of the legal entity, individual using Company services (goods, works), including on the Website, as well as providing a User newsletters under the terms of the User agreement on the Website use (hereinafter - Company Services);

(c) Website means Internet website on http://prosense.tv/, which administration rights are owned by the Company;



2. GENERAL PROVISIONS

2.1. For the purposes of these Regulations, User's personal data shall mean (formerly and hereinafter - "User's Personal Data"):

(a) User's personal data, which is specified by the User independently on creating an account (registration) of the User on the Website (under the terms of the relevant public offers of the Company) and when using the Company Services. A part of User's personal data is required for the conclusion (execution) of the respective transactions (agreements, contracts) concluded between the User and the Company, and another part is optional and can be provided at the User's option to improve the quality of Services and for other relevant transactions (agreements, contracts) purposes;

(b) User data (his/her hardware), which is automatically sent to the Company Website when a User accesses the Website, including IP address, cookies data files, information on the User's browser (other software through which the User accesses the Website), hardware and software specifications used by the User, date and time of Website access, addresses of requested Website pages and other similar information, which is transmitted as part of standardized information transfer protocols via the Internet;

(c) other information (including personal data), provision (processing) of which is provided in the terms and conditions of the respective transactions (agreements, contracts) concluded between the User and the Company.

2.2. The User accepts and agrees that providing false (irrelevant, incorrect) Personal Data may result in the inability (complete or partial) of the Company (Third Party) to provide Services, in particular the impossibility (complete or partial) for the User to use the Website and (or) receive the newsletters in accordance with the User agreement on Website use.

2.3. These Regulations apply to User Personal Data processed by the Company. The Company shall not control and be responsible for the actions (inactions) of any third parties engaged in the processing of Personal Data of the Users in accordance with the provisions of the transactions (agreements, contracts) concluded or not concluded between the User and such persons.



3. OBJECTIVES AND TERMS OF PROCESSING OF THE USER PERSONAL DATA

3.1. The Company carries out the processing of User personal data solely in order to ensure the provision of such Services to Users within the period determined by the relevant transactions (agreements, contracts, including User Agreement on Website Use), concluded with such User. The term of processing of the User Personal Data is established in the terms and conditions of these transactions (agreements, contracts), and, if not provided, the Company carries out the processing of User Personal Data for the whole period of the contracts (agreements) with the User and upon the expiry of 3 (three) years from the date of their termination (dissolution).

3.2. In addition to the objectives set out in clause 3.1 hereof, the Company shall carry out processing of User Personal Data for other purposes provided by the applicable law.



4. CONDITIONS OF USER PERSONAL DATA PROCESSING


4.1. The User Personal Data is processed by the User in the ways specified in the relevant transactions (agreements, contracts) concluded between the Company and Users or if specific ways of User Personal Data processing are not provided, the following ways will be applied: collection, recording, systematization, accumulation, storage (update, change), retrieval, use, transmission (distribution, access), depersonalization, deletion, destruction, as well as other means permitted by the applicable law.

4.2. The Company shall also carry out the processing of User Personal Data for the following purposes: to identify a User when providing the Services, improve the quality of rendered Services, create targeted services for the User, distribute and bring to the User's notice information and advertising materials on the services provided by the Company.

4.3. The User Personal Data shall be processed by the Company both with or without automation tools.

4.4. The User Personal Data shall be processed subject to the informed and voluntary consent User Personal Data processing on the terms and conditions set forth herein, as well as the related transactions (agreements, contracts), concluded between the User and the Company. The transactions (agreements, contracts) concluded between the User and the Company for the provision of the Services by the Company to the User shall be considered by the Parties as the full and unconditional acceptance (consent) of the User of the terms and conditions of these Regulations, and considered by the User and the Company as the User's consent to its Personal Data processing by the Company on the conditions set forth in these Regulations and the conditions of the relevant transactions (agreements, contracts).

5. CHANGING AND REMOVING USER PERSONAL DATA. MANDATORY STORAGE OF USER PERSONAL DATA

5.1. The User has the right at any time change (remove) his/her Personal Data or any part thereof, as well as require its update, amendment, change by committing appropriate actions on the Website, or by accessing the Company in the ways set out in these Regulations.

5.2. Notwithstanding the provisions of clause 5.1, if a User changing (deleting) its Personal Data does not refuse to receive the Services, and the changed (deleted) Personal Data is necessary for their rendering, the Company shall have the right to suspend the provision of such Services and request the User to update the changed (deleted) Personal Data within 10 (ten) days from the date of receipt of the request by the User. In the case of User's failure to update the above Personal Data, the Company shall be entitled to suspend the provision of Services and not render them until the User updates the Personal Data.

5.3. In cases provided by the applicable law, the Company shall store and process the User Personal Data (a part of User Personal Data) in the volume, within the time limit and under the terms and conditions provided by the applicable law.

5.4. The Company has the right to transfer, including cross-border transfer of User Personal Data to third parties for the purposes of Service provision, as well as for other purposes set forth in these Regulations and the respective transactions (agreements, concluded) concluded between the User and the Company, subject to the provisions of the applicable law.

5.5. The Company has the right to use the User Personal Data previously depersonalizing such Personal Data for the purposes and in the manner specified in these Regulations and in the context of the respective transactions (agreements, contracts) concluded between the Company and the User.

6. MEASURES TAKEN FOR THE PROTECTION OF USER PERSONAL DATA

6.1. The Company shall take technical, legal and administrative measures to protect and keep the User Personal Data confidential against accidental or unlawful access to such Personal Data or its processing.

6.2. The Company shall not be responsible for the safety and confidentiality of the User Personal Data who (a third party on its behalf and (or) with its consent) made it available to the public, including by making it available on resources (websites) on the Internet permitting access to such Personal Data of third parties.

7. FINAL PROVISIONS

7.1. The User has the right to exercise all its rights as the subject of the Personal Data provided to him by virtue of the applicable law, by sending the respective request (application) to the Company contact email address info@prosense.tv.

7.2. These Regulations shall enter into force from the date of their posting on the Website and shall remain in force indefinitely.

7.3. The Company has the right at any time and at its discretion to make changes (additions) to these Regulations, bringing such changes (additions) to the User's attention by posting such changes (additions) on the Website. In case of changes (additions) to these Regulations, the continued use of the Website by the user, as well as the Services after such changes (additions) means full and unconditional acceptance of such changes by the User. If the User does not consent to the changes (additions) made to these Regulations, he shall immediately stop using the Company Website and Services.

7.4. Unless otherwise provided herein, other rules posted on the Website shall also apply to the parties' relations. The application of these regulations is mandatory.

7.5. All other matters not covered by the present Regulations, as well as other binding regulations specified in clause 7.4, and the provisions of the respective transactions (agreements, contracts) concluded between the Company and the User shall be governed by the provisions of the applicable law.

7.6. The right applicable to the interpretation of the rights and obligations of the parties, execution, consequences of nonperformance or improper performance, termination and consequences of invalidity of these Regulations is the law of the Russian Federation.

The legal personality of the parties, as well as legal capacity, legal capability of the representatives of the parties shall be determined in accordance with the provisions of their national law to be determined on the basis of the personal law of the parties, and the representatives of the parties.

USER AGREEMENT

on Website Use on the Internet http://prosense.tv/

1. TERMS AND DEFINITIONS

1.1. In this Agreement, the following terms and definitions shall be used both in singular and in plural, unless the context of the respective provision otherwise requires, and shall have the following meanings:
(a) User means legal entity or individual using the Website on the terms and conditions of this Agreement;

(b) Copyright Holder means Prosensetv LP (legal address: Castle House, 1 Baker Street, Suite 4, Stirling, FK8 1AL, Scotland, UK);;
(c) Website means Internet website on http://prosense.tv/, which administration rights are owned by the Copyright Holder;
(d) Agreement means this User Agreement of the Copyright Holder on the Internet Website Use http://prosense.tv/

2. SUBJECT OF AGREEMENT

2.1. The subject of this Agreement is to define the procedure of User's Website use, means and procedure of its use.

2.2. The Website shall be used by the User in accordance with the provisions hereof under an ordinary (non-exclusive) license with reservation of all Copyright Holder's exclusive rights and ownership rights for materials (information ) posted on the Website.

2.3. The User undertakes to receive (accept) the Agreement when starting to use the Website, previously having read it. In case of User's disagreement with the terms and conditions hereof, he/she shall immediately cease to use the Website.

2.4. The Copyright Holder is the owner of the exclusive rights to the materials (information), posted on the Website, unless specifically stated otherwise. The User has the right to use the Website and materials (information), posted on the Website only in the manner set forth in Article 3. The rights of use not explicitly referred to in Article 3, shall not be deemed to be provided to the User.

2.5. The User's access to the Website, use of the Website, as well as the materials (information) contained on the Website, or any other User's actions on the Website are complete and unconditional consent of the User with the terms and conditions this Agreement (acceptance) and is equivalent to the conclusion of a contract between the Parties in simple written form. Similarly, the User's registration on the Website (subscription to receive newsletters) is full and unconditional agreement of the User to the terms and conditions of this User Agreement (acceptance) and is equivalent to the conclusion of a contract between the Parties in simple written form.

2.6. The Copyright Holder's Privacy Policy (posted on the Website) is an integral part hereof.

3. PROCEDURE, LIMITS AND UTILIZATION OF THE USER'S WEBSITE

3.1. The user may exercise the rights of Website use with registration on the Website (data entry for subscription) or without implementation of registration procedures.

3.2. The User has the right to register on the Website by entering a preferred user name and contact email address. After entering the above data, an email with confirmation of the registration is sent to the contact email address. After confirmation of the registration the user has the right to receive newsletters of the Copyright Holder to the contacts specified during the registration.

3.3. The personal information (data) is stored and processed by the Copyright Holder, taking into account the provisions of the Privacy Policy set forth in clause 2.6.

3.4. The User shall be solely liable for the risk of privacy of the registration data, and ensure its privacy. The User shall be solely responsible for all its actions (admitted inaction) when using the Website. In case of violation of registration data privacy by third parties, as well as in case of User's loss of the registration data or third parties' access thereto, the User shall immediately inform the Copyright Holder thereof.

3.5. The User acknowledges and agrees that the Copyright Holder may at any time delete the User account.

3.6. The User may not use the Website in any other ways, which are not mentioned in this article, and specifically the User may not reproduce, copy, modify and otherwise use any Website elements for commercial purposes and other purposes without the prior consent of the Copyright Holder. The User shall not decompile and (or) disassembly the Website software code, as well as adapt the Website to its efficiency on user devices, and shall not charge the above activities to any third parties. Similarly, the User shall not transfer its login data to any third parties without prior consent from the Copyright Holder.

4. RESPONSIBILITIES OF THE PARTIES. LIMITATION OF RESPONSIBILITY

4.1. The User acknowledges and agrees that any software, including Website is not free from bugs, unstable operation, and can interact differently with different operating systems, software and (or) their components, hardware component, etc. The Copyright Holder shall not be liable for any kind of damages caused by the circumstances specified in this clause, and shall not accept any claims from the User, its affiliates, contractors, business partners, or any other persons.

4.2. The User acknowledges and agrees that the Website is provided "as is" and the Copyright Holder is not obliged to provide the User with any corrections, additions, or updates of the Website.

4.3. The Copyright Holder may, at any time, at its own choice and discretion, terminate the User's access to the Website, including the period of maintenance works, as well as for any other reasons.

4.4. The extent of Copyright Holder's liability under this Agreement is in any case limited by actual damage and shall under no circumstances exceed the amount of 1,000 (One Thousand) rubles 00 kopecks.

4.5. The User hereby acknowledges and agrees that the provisions of the law of the Russian Federation No.2300-1 from "07" February 1992 "On Protection of Consumers' Rights" shall not apply to the relationships of the Parties under this Agreement, as it is gratuitous, and the User is not a consumer to the extent given to the term by virtue of the above law.

5. APPLICABLE LAW AND DISPUTE RESOLUTION

5.1. The right applicable to the interpretation of the rights and obligations of the Parties, execution, consequences of nonperformance or improper performance, termination and consequences of invalidity of this Agreement is the law of the Russian Federation.

5.2. The legal personality of the parties, as well as legal capacity, legal capability of the representatives of the parties shall be determined in accordance with the provisions of their national law to be determined on the basis of the personal law of the parties, and the representatives of the parties.

5.3. The Parties agree that any disputes and controversies arising out of or in connection with this Agreement, will be settled between the Parties in the course of pre-court dispute settlement procedure. Neither Party shall refer such disputes and (or) controversies to the court without the pre-court dispute settlement procedure.

5.4. The Party, which deems its rights to have been violated, shall send the other Party a claim by mail, courier service (UPS, TNT, DHL, etc.), or by express courier with justification of its position and with enclosure of duly certified documents, evidencing such position and which the other Party does not have. In case of failure to receive an answer from the other Party within 30 (thirty) days from the date of receipt or rejection of the claim, the Party that deems its rights to have been violated may apply to the court in accordance with clause 5.5.

5.5. Subject to failure to reach an agreement between the Parties under clause 5.4., any disputes, controversies or claims arising out or in connection with this Agreement, as well as related to its performance, breach, termination or invalidity, shall be settled in the Arbitration Court of St. Petersburg and the Leningrad region in accordance with the procedural law of the Russian Federation.

6. FINAL PROVISIONS

6.1. This Agreement enters into force upon its acceptance by the User on the terms and conditions set forth herein, and shall be valid until deletion of the User account.

6.2. The Copyright Holder may any time and at its own discretion make changes (additions) to this Agreement, bringing such changes (additions) to the User's attention by posting such changes (additions) on the Website. In case of any changes (additions) hereto, the continued use of the Website by the User after such changes (additions) shall be full and unconditional acceptance of such changes by the User. If the User does not agree with the changes (additions) made to this Agreement, it shall immediately stop using the Website.

6.3. The Copyright Holder may terminate unilaterally this Agreement any time, notifying the User thereof, if the latter breaches the provisions of this Agreement and any other provisions posted on the Website.

6.4. Unless otherwise provided herein, other provisions posted on the Website shall also apply to the Parties' relations. The application of these regulations is mandatory. The User's agreement with the terms and conditions hereof means its complete and informed consent to the use of such provisions (acceptance).

6.5. In all other matters not covered by this Agreement, as well as any other provisions, set forth in clauses 6.4 and 2.6., the Parties shall be governed by the provisions of the applicable law.