01. 17. 2018

End User License Agreement

festagent.com
Festagent.com — the website that contains information about film festivals, films and their creators, news about agency and cinema, interview with directors and festivals' representatives, articles and reviews.

Website use is possible only under the conditions explicated in this End User License Agreement. If you don't meet its conditions you should immediately terminate using of the Website. Using the Website means that you agree with this End User License Agreement conditions.
1. Terms and definitions

1.1. In this document and arising from or connected to it relationships of the Parties the following terms and definitions are applied:

End User License Agreement (hereinafter referred to as "Agreement") — is a document with all additions, alterations and binding documents noticed here, including signed on its basis agreement regulating the relationships between the website administration and a natural person.

Website — automated information system available on the Internet at the Web address on the following domains (including subdomains): https://festagent.com (hereinafter referred to as "Website").

Website Administration (hereinafter referred to as "Administration") — a group of people authorized to moderate the Website and its relationships with Users. All exclusive proprietary rights to the Website, including the right to its domain name and its administration, belong to a self-employed sole trader Zolotukhin Ivan Andreevich.

User — a legal natural person acceded to the agreement on one's own account or acting on behalf and account of a representing legal body.

User's personal data — any information furnished by User during registration or usage of the Website, including personal data, information automatically transferred to the Website Administration when using the Website from the software installed on the User's device, including IP address, cookie information, User's browser information and other information about User.

Content — video, audio and other content posted on a Website.

Service — complex of services provided to User by means of the Website.

Personal account — a personal website section available for User after registration. A Personal account is designed to store User's personal data, moderation of the Website's available functional capabilities.
2. General provisions

2.1. The agreement comes into effect at the moment when User undertakes its conditions in its entirety. User is considered to accept the conditions of the Agreement in its entirety across the board from the moment when starting to use a service or its functions or after registration. In case of User's disagreement with any of the Agreement's provisions User is not allowed to use the Website's services. User must have full knowledge of the Rules before registration on the Website. Registration on the Website means full total and unconditional acceptance of the Rules according to the article 438 of the Civil Code of the Russian Federation.

2.2. Usage of the Website is regulated by the Agreement herein. The Agreement may be altered by the Administrated of the website without any special notification, the new version of the Agreement comes into effect from the moment of its online publishing at the address specified in this paragraph if except as otherwise provided in the new version of the Agreement. The current version of the End User License is always on the page at the address https://festagent.com/en/agreement.

2.3. When starting to use any service of the Website or its separate functions or when undergoing a procedure of registration, User is considered to accept the conditions of the Agreement in its entirety without any exception. In case of User's disagreement with any of the Agreement's provisions User is not allowed to use the Website's services. In case of User's disagreement with any of the alterations of the agreement made by the Website Administration in accordance with the procedure specified in the clause 2.2. of the Agreement, the User must stop using the Website's services.

2.4. User confirms and agrees that the Website Administration can axe services at any moment.

2.5. User is not allowed to use the Website and confirm his agreement with the provisions herein if he is under the age when it is allowed to sign legal agreements.

2.6. When accepting this Agreement User agrees that the Website doesn't give any guarantees or assurances. The Website doesn't guarantee that:

  • the Website's services will meet User's needs;
  • the Website will run without breakdowns, delays, risks mistakes;
  • all information received by User when using the Website will be exact and reliable.
2.7. Accepting this Agreement User agrees with usage the services of the Website at his own peril and risk and on his responsibility. In case the Website's work will cause the data loss and other errors on User's computer or computers of User's network, User assures that he will not hold a demand against and charge a fault upon the Website Administration.

2.8. The Website's Owner is allowed to send information messages to Users. Using the Website's services and in accordance with part 1 of article 18 of the Federal act "Concerning Advertisement" User agrees to receive messages with advertising content. User is allowed to opt out of receiving messages with advertising content by using corresponding functions of the service that sent messages with advertising content.

2.9. User's ignorance of the provisions of the Agreement herein and its amendments is not defense for failure to discharge of the Agreement by User. All actions made by User on the Website are considered to be actions of the person acknowledged with the provisions of the Agreement and its amendments and accepted mentioned rules.

2.10. Services and functions presented on the Website's pages cannot be altered in accordance with wishes of a person or a group of persons except if otherwise provided in the Agreement herein or its amendments.

2.11. Rights to the Website and usage of the network address (domain name) https://festagent.com belong to the Website Owner. The last-named provides access to the Website to all persons concerned in accordance to the provisions herein, other documents published in corresponding Website sections and the current legislation of the Russian Federation.

2.12. The Agreement herein and its amendments can be altered by the Website Administration ex parte and without any special personal notification of every Website's User.
3. Registration on the Website

3.1. In order to get access to all opportunities of the Website a person should undergo a procedure of registration on the Website by one of given ways:

  • fulfill a row of actions filling in a form by electronic means, afterwards this person becomes a registered User, receives an individual login and password for access to all opportunities of the Website; or
  • fulfill a row of sequential actions for entry to the Website via OpenID technology and social services Facebook, Vkontakte, Google. In this regard a person has to indicate the address of his page in these services, then permit identification with the Website, and thus a person becomes a registered User and receives all opportunities of the Website. As a login a registered User will use User's login in mentioned services. In order to entry the Website via social services it is allowed to use not more than one account in every social service.
3.2. User agrees to provide with reliable, precise and full information about him in the registration questionnaire and to keep it updated. If this information changes User agrees to update it as soon as possible. Herewith User agrees that the Website Administration doesn't normally check the reliability of User's personal information and maintain control over User's competency.

3.3. Website Administration is entitled to block and/or delete User's Account, deny access to all or some of the Website's opportunities, and delete User's Information without assigning any reasons, also in case of User's non-compliance of the Agreement's provisions, as well as in case of provision by User of unreliable, incomplete and inaccurate information and violates conditions of the Agreement herein or if User uses someone else's information.

3.4. During the registration User chooses a password for access to the Personal account. User bears responsibility for safety (guessing tolerance) of a chosen password and also maintains confidentiality of a password. User bears responsibility for all actions (and also their consequences) within or with the help of the Website under User's login, including cases of voluntary disposal of the data for access to the Personal account to a third part at any terms (including contracts and agreements). In such a case all actions within or with by means of the Website under User's login are considered to be made by User.

3.5. User must immediately notify the Website Administration (by mail admin@festagent.com) of any unauthorized (not authorized by User) access to the Website's services using User's account and/or any breach (suspicion of breach) of confidentiality of his devices of access to an account. For safety reasons User must accomplish safe shutdown under his account ("Exit" button) at the close of every session of work with the Website's services. The Website Administration is under no obligation for possible loss or damage of the data and other consequences any nature that may occur due to User's violation of this part of the Agreement.
4. Confidentiality

4.1. Entering into this Agreement User admits that the Website shall not be liable for disclosure of Personal information made by a third party. While processing User's Personal information the Website Administration is obliged to assume organizational and technical measures for safety of User's Personal information from illegal or accidental access, erasure, change, blocking, copying, distribution and other illegal actions by third parties. However it is possible that as a result of failures in the Website's work, virus or hackers attacks, technical malfunctions or other circumstances User's Personal information may become accessible for other people. User admits it and agrees that will not make any claims to the Website administration and/or the owner of the Website if any circumstances mentioned in this clause appear.

4.2. Entering into this Agreement User is obliged not to show confidential information of the Website without prior permitting letter from the Website administration. Confidential information of the Website includes: software of the Website, technical specifications, documentation, financial information. This rule doesn't apply to the information posted in public on external pages of the Website and legally obtained by User from a third party without breach of confidentiality by a third party.

4.3. None of provisions herein allow to User a right to use the legal name, trademarks, domain names and other distinctive emblems of the Website Administration and/or the Website Owner. The right to use the legal name, trademarks, domain names and other distinctive emblems of the Website Administration and/or the Website Owner may be granted only by a written agreement with the Website Administration and/or the Website Owner.

4.4. Processing of User's personal data is applied in accordance with privacy policy published on the Website at the following URL: festagent.com/en/confidential

4.5. Entering into this Agreement following the clause 2.1. of the Agreement herein User gives his consent for posting his full name and full names of third parties that User mentioned upon posting of Content following Articles 7 and 8 herein.
5. Terms of Content publication

5.1. User bears responsibility for compliance of information in published by User Content with Law in force, including responsibility to third parties in cases when published Content or information used in Content violates rights and legal interests of third parties including personal non-property rights of authors, other intellectual rights of third parties and/or entrenches on their non-material rights.

5.2. User admits and agrees that the Website Administration is not obliged to examine Content of any kind that is published and/or distributed by User by means of the Website's services and that the Website's Administration is allowed (but not obliged) deny User to publish and/or distribute Content or erase any Content that is available by means of the Website's services. User undertakes and agrees that he should assess a risk coming from Content using including assessment of reliability, completeness and value of this Content without direction.

5.3. The Website Owner and other Website Users are not obligated to provide with reports of utilization of the Content that belongs to the Website Owner in accordance with the rights foreseen on the Agreement herein.

5.4. User guarantees that he owns (and will own when using the Website) all necessary licenses, rights, agreements and permits that are required to the Website Owner for applying User's Content in order to provide the Website services and to apply User's Content in any way foreseen in the Agreement herein.
6. Website Services Terms of Use

6.1. The User is solely responsible to third parties for their actions related to the use of the Website services, including cases when such actions lead to violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Website services.

6.2. When using the Website services, the User is not entitled to:

6.2.1. uploading, posting, storing, transmitting or by other means displaying, distributing or using Content and information that are illegal, harmful, detractive, injuring morality, carrying threats, discrediting, demonizing, violating privacy, demonstrating (or propagate) violence and cruelty, calling for and containing extremist materials, violating intellectual property rights, promoting hatred and/or containing racial, ethnic, gender, religious, social discrimination, insulting any person or organization, contain elements (or propagate) pornography, child erotica, are vulgar or indecent, contain obscene language, constitute advertising (or propaganda ) of sexual services (including under the guise of other services), explaining the procedure for the manufacturing, using or otherwise utilizing narcotic substances or their analogues, explosives or other weapons, contain restricted information, including, but not limited to the state and commercial secrets, information about the private life of a third party;

6.2.2. propagating criminal activities or giving advice, instructions or guidelines on commissioning criminal acts;

6.2.3. violating the rights of third parties, including minors and/or harm them in any form;

6.2.4. impersonating another person or representative of the organization and/or community without sufficient rights, including the employees of the Website Administration, the Website Owner, and also using any other forms and methods of illegal representation of other persons in the network, and also misinforming other Users or the Website Administration regarding the properties and characteristics of any subjects or objects;

6.2.5. uploading, sending, transmitting or otherwise displaying and/or distributing the Content, without the rights to such actions under the law or any contractual relationship;

6.2.6. uploading, sending, transmitting or otherwise displaying and/or distributing any materials containing viruses or other computer codes, files or programs designed to infringe, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access, as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to paid Internet websites, as well as posting links to the above mentioned information;

6.2.7. collecting and storing personal data of other persons without authorization;

6.2.8. disrupting the normal operation of the Website and the Website services;

6.2.9. placing links to the resources of the web, the content of which contradicts the current legislation of the Russian Federation;

6.2.10. facilitating actions aimed at violating the restrictions and prohibitions imposed by this Agreement;

6.2.11. breaching the legislation, including the international law in any other way.
7. The Order of Publishing Films and Film Cards on the Website by Users

The provisions of this section apply only to those Users who have published or are going to publish a Film or a Film Card on the Website.

For the purposes of this section, the following concepts and definitions apply:

Film — type of content that the User publishes on the Website in the form of a link to the User's content located on vimeo.com and/or on Youtube.

Film Card — type of content that the User publishes on the Website that contains information about the Film, that may also contain a link to the Film.

7.1. To register and place an application for the publishing of a Film and/or a Film card on the Website (hereinafter - the Application), the User independently publishes or gives the Website Administration an order to place the necessary information about his Film in the Film Card and/or a link to the Film on the Website using the available Website functionality.

7.1.1. The User has the right in the manner described in this section of the agreement to submit an Application for the placement of the Film Card on the Website in the "Cinema" section located at festagent.com/cinema

7.2. An Application can be placed only by a person who is a User according to this Agreement, which meets the following criteria:

7.2.1. A citizen of the Russian Federation or a foreign citizen who is 18 years old; as well as individuals acting on behalf of individual entrepreneurs or legal entities.

7.3. To place the Application, the User is required to provide the following data, indicating in the Card of the claimed Film:

  • The title of the Film (in English, Russian and the original language), a link to the Film (on Internet sites under the domain names youtube.com, vimeo.com), director of the Film, list of the actors who performed roles in the Film and the crew, year of creation, timing, genre, age limit, short annotation, horizontal shots from the Film, User details, User's e-mail and phone number, legal status of the User, passport data (for private individuals), Film's festival history, indication of the presence of subtitles,
  • additionally, if available: a link to the trailer (on Internet sites under the domain names youtube.com, vimeo.com), a vertical Film poster, a link to the backstage video (on the Internet sites under the domain names youtube.com, vimeo. com), photos from the filming, links to interviews with the filmmakers (on the Internet sites under the domain names youtube.com, vimeo.com), links to the media about the Film, a link to the Film page on kinopoisk.ru and imdb.com, subtitle files.

7.4. By publishing the information in the Application, the User confirms that has the rights to publish this information. In the event that the User does not have the necessary rights to the content stated and/or published in the Application, the Website Administration has the right to block the User's access to the Website or to its parts without warning the User.

7.5. The materials presented in the Application must comply with the Content requirements specified in this Agreement. In case any non-conformances in the published content are detected, the Website Administration has the right to limit access to such Content or to delete it without prior notice.

7.6. The User has the right to send additional/modified information about the Film to the Website Administration, that is entered by the Website Administration into the Film Card placed on the Website, and the User has the right to make changes to the Film information on the Film Card independently if the User has access to editing the Film Card.

7.7. The User is obliged to provide the Website Administration with reliable information about his bank details for the Website Administration to transfer collected money from other users in his favor. The procedure and terms of these payments are determined by the agreement concluded between the Website Owner and the User.

7.8. The User who posted the Film on the Website has the right to enter the Film to one of the Festivals posted on the Website, using the Website functionality, in accordance with the rules of the Films application for festivals.

7.9. The user has the privacy settings available on the Website for the Film Card posted, namely:

1) Public — the complete information contained in the Film Card is available to all visitors to the Website;
2) Limited — all information contained in the Film Card is available to all visitors to the Website, except for a link to the Film. References to the Film are available only to users (Festivals representatives), which the Film enters in the order of paragraph 7.8. of the present agreement;
3) For festivals only — all information contained in the Film Card is available only to Users (Festivals' representatives), which the Film enters in the order of paragraph 7.8. present agreement;
4) Personal — the information contained in the Film Card is available only to the User who published the Film Card on the Website;
5) Password protected — Access to the Card is protected with a password.

7.10. The User retains all rights to Films and Film Cards (hereinafter referred to as the Content), but the User agrees to grant limited license rights to the Website Owner and other Website Users, namely:

7.10.1. non-exclusive, royalty-free license with the right to sublicense, use of the User's Content on the territory of the Russian Federation and other countries of the world, in particular, the right to reproduce, distribute, publicly display, communicate to the public, and publicly execute such Content in connection with the provision of services the Website and otherwise in connection with the provision of the Website Services and the business activities of the Website Owner, including, without limitation, the promotion and distribution of Website Services in full or in part (as well as its derivative works) in any media formats (and through any media channels), in accordance with the privacy settings chosen by the User in the order of paragraph 7.9. of the present agreement;

7.10.2. To each other Website User, a non-exclusive, royalty-free license in the territory of the Russian Federation and other countries of the world to access the User's Content through the Website Services and/or the Website, and also to use the User's Content and in particular the rights to reproduce, distribute, publicly display, communicate to the public, as well as the public performance of such Content to the extent permitted by the functionality of the Website Services and/or the Website and this Agreement, in accordance with privacy settings selected by the User in the order of paragraph 7.9. of the present agreement;

7.10.3. The above mentioned licenses are granted to other Users for the entire duration of the exclusive rights of the User to such Content, if it was not previously removed or deleted by the User from the Website. The above mentioned licenses for text comments that the User presents as Content are provided for the duration of the exclusive rights of the User to such textual comments.
8. The Order of Publishing Festival Cards in the Film Festivals' Catalog (to the Festivals' representatives)

The provisions of this section apply only to those Users who have published or are going to publish the Festival on the Website, namely in the "Festivals" section, located at: festagent.com/en/festivals

For the purposes of this section, the following concepts and definitions apply:

Festival card — type of content that the User places on the Website that contains information about the festival, and also, which may contain a link to the festival.

Film Festivals's Calatog — type of content that the User places on the Website containing all the Festivals Cards and displays them in accordance with the privacy settings that the User has selected for his Festival Card, in accordance with clause 5.5. of the present agreement.

8.1. To register and place an application for the placement of a new Festival Card or for access to editing a Festival Card already created on the Website (hereinafter referred to as the Application), the User shall independently fill out a form on the Website.

8.2. An Application can only be published by a person who meets the following criteria:

8.2.1. A citizen of the Russian Federation or a foreign citizen who is 18 years of age and who is a representative of the Festival, as well as individuals acting on behalf of individual entrepreneurs or legal entities.

8.3. By publishing the information in the Application, the User confirms that they have the rights to publish this information. In the event that the User does not have the necessary rights to the content stated and/or published in the Application, the Website Administration has the right to block the User's access to the Website or to its parts without warning the User.

8.4. The materials presented in the Application must comply with the Content requirements specified in this Agreement. In case any non-conformances in the published content are detected, the Website Administration has the right to limit access to such Content or to delete it without prior notice. After checking the data submitted by the User in the form, the Website Administration decides to add the Festival to the Festivals' Catalog on the Website.

8.5. In the case of filing an Application for access to editing the Festival Card already published on the Website, after completing the questionnaire on the Website, which is checked by the Website Administration, confirming the e-mail address on the part of the User and verifying the User's authority in representing the Festival's interests, the Website Administration provides the User with the access to the User's Festival Card and the possibility of editing it via the functionality Personal Cabinet on the Website.

8.6. In case of submitting an Application for the placement of a new Festival Card, the registered User creates a Festival Card in accordance with the rules established in the Website section at: https://festagent.com/en/fa_for_festivals. After checking the Application by the Website Administration, the Festival Card is placed on the Film Festivals' Catalog.
9. Third Party Websites and Advertising

9.1. The Website Services may contain links to other sites on the Internet (third party websites). These third parties and their materials are not checked by the Website Administration for compliance with any requirements (reliability, completeness, legality, etc.). The Website Administration and/or the Website Owner is not responsible for any information, materials posted on the websites of third parties to whom the User obtains access using the services, including for any opinions or statements expressed on the websites of third parties, advertising , etc., as well as for the availability of such sites or materials and the consequences of their use by the User.

9.2. Link (in any form) to any site, product, service, any information of a commercial or non-commercial nature posted on the Website is not an endorsement or recommendation of these products (services, activities) by the Website Administration, except when it is directly indicated on the resources of the Website.

9.3. The Website Administration and/or the Website Owner is not responsible for the advertising placed on the Website Services, within the limits established by the legislation of the Russian Federation.

9.4. The Website Administration and/or the Website Owner is not responsible for any kinds of losses that occur as a result of the User using the Website Services or certain parts/functions of the Services;

9.5. The User uses the Website Services at their own risk. Services are provided "as is". The Website Owner does not assume any responsibility, including for the conformity of services to the purposes of the User;

9.6. The Website Administration does not guarantee that: the services comply/will comply with the User's requirements; Services will be provided continuously, quickly, reliably and without errors; the results that can be obtained using the services will be accurate and reliable and can be used for any purpose or in any quality (for example, to establish and/or confirm any facts); the quality of any product, service, information, etc., received using the services, will meet the expectations of the User. Any information and/or materials (including downloadable software, letters, any instructions and manuals for action, etc.), access to which the User receives using the Website Services, the User may use at their own risk and risk and is solely responsible for the possible consequences of using the specified information and/or materials, including for the damage it may cause to the User's computer or to third parties, for loss of data or any other harm.
10. Other provisions

10.1. This Agreement is an agreement between the User and the Website Owner regarding the use of services and supersedes all previous agreements between the User and the Website Owner.

10.2. This Agreement is governed and construed in accordance with the laws of the Russian Federation. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Russian Federation. All possible disputes arising from the relations governed by this Agreement shall be resolved in accordance with the procedure established by the current legislation of the Russian Federation, according to the norms of Russian law. Throughout the text of this Agreement, unless expressly stated otherwise, the term "legislation" is understood to mean both the legislation of the Russian Federation and the legislation of the User's place of residence.

10.3. Nothing in the Agreement can be understood as the establishment between the User and the Website Owner of agency relations, partnership relations, joint activities, personal leases, or any other relations not expressly provided for in the Agreement.

10.4. If, for one reason or another, one or more provisions of this Agreement are found to be invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Agreement.

10.5. Inaction on the part of the Website Owner in the event of violation by the User or other users of the provisions of the Agreements does not deprive the Website Owner of the right to take appropriate actions in defense of his interests later, nor does it mean the Website Owner's denial of his rights in the event of subsequent similar or similar violations.

10.6. This Agreement is made in English.

10.7. The Website and its services, including all scripts, applications and site design are delivered "as is". The Website Owner disclaims all warranties that the Website or its Services may not be suitable for specific use. The Website Owner can not guarantee and does not promise any specific results of the website and/or Services;

10.8. To avoid misunderstandings, the user should take precautions in downloading from the Website or by placing links on it, and using any files, including software. The site owner strongly recommends using only licensed software, including anti-virus software;

10.9. By using the Website, the User agrees that they download from the Website or with its help any materials at their own risk and is personally responsible for the possible consequences of using the specified materials, including for damage that this may cause to the User's computer or third parties, for loss of data and any other harm;

10.10. Under no circumstances shall the Website Owner or its representatives be liable to the User or to any third parties for any indirect, incidental, unintentional damage, including lost profit or lost data, damage to honor, dignity or business reputation caused by the use of the Website, the contents of the Website or other Materials that you or others have accessed through the site, even if the Website Administration warned or pointed out the possibility of such harm.

10.11. The rules for using individual services published on this page are also considered part of this user agreement.

10.12. In the case of third party claims to the Website Owner and/or damage to the Website Owner caused by the User's violation of the rights of third parties when placing Content on the Site, the User agrees to assist in the settlement of claims and refund to the Website Owner on the basis of a written request within 7 (seven) days, from the moment of receipt of such demand, all documented damage caused by violation of the rights of third parties by the User while posting Content on the Site.
Website Owner

Individual Proprietor Zolotukhin Ivan Andreevich
Primary State Registration Number of the
Sole Proprietor 310667211200029
TIN: 667204098619
Registration address: 620100, Sverdlovsk Region,
Yekaterinburg, Lunacharskogo str. 225-258
info@festagent.com +7 926 895-67-10