GENERAL TRADING TERMS

PERSONAL DATA AND CONFIDENTIALITY

For obtaining of information about the order of collection and protection of you personal data by the company “TVOYO TV” see our Policy of privacy and protection of personal data. Any impersonal information or materials, which you have not provided to the company “TVOYO TV”, shall not be considered as confidential.

1. ACCEPTED CONDITIONS - GENERAL FORMULATION

1.1 Use of site “TVOYO TV” is the subject of these Terms. By visiting and using of the site “TVOYO TV” you agree with these Terms (including instructions and rules), which might periodically be published by holder of “TVOYO TV” at the website “TVOYO TV”.
1.2 You agree that “TVOYO TV” is entitled without preliminary notification to change and to amend these Terms. If not indicated otherwise, each new service, introduced to “TVOYO TV” is regulated with these Terms. All such notifications are agreed upon in the Terms. You are held responsible for regular familiarization with the Terms of “TVOYO TV”, and also with the notifications, published at the site “TVOYO TV”. Subsequent use of the website “TVOYO TV” is considered as your consent to all the modifications and amendments of the Terms.
1.3 You may visit homepage of the website “TVOYO TV” and see the websites without indication of your personal data. Services and references to TV site “TVOYO TV” may imply the links to the sites of the third parties in accordance with the article 7 of this document.
1.4 Taking into account global character of the infrastructure of the Internet, the data provided by you may end up in the countries, which have no adequate protection regarding your data and their use in accordance with these terms. Providing data you confirm that you recognize such possibility.
1.5 Concepts “You” and “Your” cover any user of the site “TVOYO TV”, as well as not registered members of “TVOYO TV Passport Account”, and the concept “your” will be interpreted similarly.
1.6 “TVOYO TV Group” – any natural person or legal entity, controlling or being under common control of “Netmark Entertainment LLC” (“TVOYO TV”). “Control” means holding of 50% of votes or more, applicable at the general meeting (or similar meeting) of the company.
1.7 Membership of the site “TVOYO TV” – service, known as “E-Pass” and/or account “TVOYO TV”, if any, and which includes the entire personal and confidential information about registered member of the site “TVOYO TV”, and enabling the registered users to participate in appropriate competitions at all the related sites of “TVOYO TV” only after on-time registration.
1.8 “TVOYO TV Service” – services of the charged TV broadcasting and other interactive or other online services, which are available for users at the site of “TVOYO TV Group”.
1.9 Site of “TVOYO TV” – services of the website of he company “TVOYO TV” and other microsites, proposed by the user “TVOYO TV Group”.

2. REGISTRATION, USE OF SITE AND PRECAUTIONS

2.1 For registration at the site “TVOYO TV”, we require to provide information indicated in the registration form of “TVOYO TV”. Upon completion of the process of registration at the site “TVOYO TV”, you will be proposed to enter your personal unique password and email. You are held responsible for keeping of your password and email, and for all the actions implemented while using your password or email, entered and indicated directly by you and/or used by you.
2.2 “TVOYO TV” retains the right to cease any inactive membership at the site “TVOYO TV” in the event if the account is not used during six months or more.
2.3 Information published at the site “TVOYO TV” may contain technical impreciseness or misprints. Information at the site may be changed or amended without preliminary notification. “TVOYO TV” is entitled at any time and without preliminary notification to improve and/or to change contents of the site “TVOYO TV”, and also to correct amount of tariffs and payment for the services “TVOYO TV”.
2.4 You confirm the following accepted liabilities: a) to provide true, precise, actual and full information about yourself, sticking strictly to instructions in the registration form for the members of the site “TVOYO TV” and b) to support and simultaneously to update such registration data for securing their genuineness, actuality and completion. If you provide false, imprecise, out-of-dated or incomplete information if “TVOYO TV” suspects that the information provided by you is false, imprecise, out-of-dated or incomplete, “TVOYO TV” is entitled to cease or to terminate you membership on the site “TVOYO TV” and to ban the ongoing or future access at the site “TVOYO TV” (or its elements).
2.5 The site “TVOYO TV” may be incompliant with some devices switched to the Internet. You accept all the responsibility regarding terminal devices for view of the site and the software, required for access to the site “TVOYO TV”, and to hold all the risks related thereto.
2.6 The site “TVOYO TV” may be inaccessible in various regions in the countries worldwide. “TVOYO TV” reserves the right at its discretion to limit or to ban access to the site “TVOYO TV” in some regions or countries, and you shall cover all the risks related to availability of TV broadcasting “TVOYO TV” and the site of all the regions and the countries of the world.
2.7 “TVOYO TV” reserves the right at its discretion to limit or to ban your access to the site and is not held responsible for such restrictions or ban of the access.

3. YOUR BEHAVIOR

3.1 You are held responsible to use the site “TVOYO TV” only for the purpose permitted with the law, and also in accordance with these Terms.
3.2 You undertake: a) to notify “TVOYO TV” immediately about any non-sanctioned use of the site or any other fact of violation of security, and b) to assure exit from the account of “TVOYO TV” in the end of each session. “TVOYO TV” is not capable and shall not be held responsible for any other damages or losses, incurred as the result of non-implementation of this provision.
3.3 Your membership at the site “TVOYO TV” is non-transferable and might not be delegated to the third parties. The site “TVOYO TV” is destined exclusively for your internal use, in particular, use for personal purposes. You are not entitled to allow any other person to: a) sell, distribute, sublicense or transfer otherwise any part of the site “TVOYO TV” to other parties, or b) use the site “TVOYO TV” for commercial purposes without written consent of the company “TVOYO TV”.
3.4 You undertake to implement all the local, regional, national and international laws and rules, and are held fully responsible for all the actions and omissions sent via site “TVOYO TV”. Taking into account the global nature of the Internet, you undertake to implement all the local rules regarding “online” live connection. In particular, you undertake to implement all the laws, applicable to online connection in the country of residence.
3.5 You are not entitled to use the site “TVOYO TV” with any means, which might cause damage/loss, failure, overload or bring negative impact onto the work of the site “TVOYO TV” (or the network (s) switched to the site “TVOYO TV” or to interfere with the remaining users of the site “TVOYO TV”. You shall avoid attempts to obtain non-sanctioned access to the account of “TVOYO TV”, and also to the computer systems and networks switched to the site “TVOYO TV”, through piracy acts, breaking of passwords or similar methods. You are not entitled to receive or try to receive any materials or information with any means, if such materials and information was not published at the site “TVOYO TV” on purpose.
3.6 You undertake regularly and on time to pay for our services and are held responsible for (1) payment for the registration or subscription (if any), (2) payment for requested materials, and (3) payment of all the fees, which might be defined by “TVOYO TV” in future, and also payment for all the relevant expenses, held as the result of use of he site “TVOYO TV”, among them and without taking into account the fact of use or non-sanctioned use of the site by non-authorized third parties or due to any other error, occasional use or loss (“Payment”).
3.7 You are not entitled to publish at the site or to transfer through the site “TVOYO TV” any defamatory, mean, insulting, intimidating, pornographic or other illegal materials or the materials violating our rights or the rights of other parties (among them intellectual property rights, confidentiality rights, rights privacy) or causing fear or inconvenience. You are not entitled to express opinions, which are of insulting, sexist, racist, vulgar or similar character. You shall in all the cases to treat other users with the proper respect.
3.8 You are not entitled to allocate at the site or in any other form to provide access to any materials, the owner of which you are not, at the site “TVOYO TV” without consent of the owner of the right for the given material.
3.9 You are not entitled to broadcast, copy, upload, restore, publish and use in similar manner any material from the site “TVOYO TV”, except for the material, which is absolutely necessary for your personal, non-commercial use at home.
3.10 You are not entitled to implement the actions, affecting functionality and security of the site “TVOYO TV” or causing non-justified inconvenience, offence or any other complications for your employees.

4. TERMINATION/TEMPORARY CEASING OF ACCES

4.1 You are entitled to cancel and to close your account, sending relevant notification to the email of “TVOYO TV” info@tvoyo.tv from the email indicated by you while creation of the account “TVOYO TV”. In your notification the email shall be indicated and stated clearly that you wish to terminate your membership at the site “TVOYO TV”.
4.2 Without consideration of other provisions given in this document, “TVOYO TV” reserves the right at any time and without preliminary notification, or any reason to close the site “TVOYO TV” and to terminate the membership at the site “TVOYO TV”.
4.3 Besides the right to terminate the membership on the site “TVOYO TV” in accordance with these Terms, “TVOYO TV” is entitled without preliminary notification and at its discretion temporarily to cease or to cancel your membership at the site “TVOYO TV” and the access to the site “TVOYO TV” in the following cases:
4.3.1 If “TVOYO TV” at its discretion ceases to propose any free of charge, trial or promotional services and if such termination or ceasing of the access covers exclusively those services.
4.3.2 In case of inactive account, which is defined in the form that you will not enter into your account during long period, as it is indicated in the paragraph 2.2 above. If “TVOYO TV” suspects about fraudulent acts implemented by you (non-sanctioned use of your account may include, e.g.: a) securing of access to your email and password to the third parties, or b) showing false or obviously unreliable information of the user for your account at the site “TVOYO TV”, or c) attempt to register free of charge for access to free of charge, trial or promotional services under several usernames or indicating other information about the user attempting to avoid some of the set restrictions (one access for each user) at the site “TVOYO TV” and/or your account.
4.3.3 In case of serious violations of the Terms or any notifications, published at the site “TVOYO TV”, any applicable laws, rules or instructions dealing with use of the site “TVOYO TV”.
4.3.4 In case if as the result of change of the legal norms or announcements of the resolutions of the government, any part of “TVOYO TV” (or use of services of the site “TVOYO TV” by you) become illegal or inefficient.
4.3.5 If use of your membership or the site “TVOYO TV” interferes or might case damage to integrity or work of the network “TVOYO TV”.
4.3.6 If “TVOYO TV” states the fact of violation of the Terms or your actions, incompliant with the provisions and the spirit of the Terms.
4.4 You agree that “TVOYO TV” is not held responsible towards you or any third party or termination of your access at the site “TVOYO TV” or your membership at the site “TVOYO TV”.

5. WAIVER TO RESPONSIBILITY AND LIMITATION OF RESPONSIBILITY

5.1 “TVOYO TV” shall not guarantee that the site “TVOYO TV” will comply with our requirements and that the site “TVOYO TV” will be safe, actual, functioning smoothly and that any data, contents, information, software or other materials, available at the site/or through the site “TVOYO TV” or the membership at the “TVOYO TV”, are true, precise and free of viruses or other malware. You are not held responsible for implementation of the necessary procedures and checks for securing of your particular requirements for preciseness of data input and output, and also for support of the external means outside the site “TVOYO TV” with the purpose to restore possible loss of the data. Any use of he site “TVOYO TV” shall be carried out with the own risks, and you are held responsible for all the losses related to its use.
5.2 The site “TVOYO TV” is not destined for “mission critical” circumstances and are provided for use “as is”, “where is” and “available” without any guaranties, obvious or implied, among them but not limited to, the guaranties of name, uninterrupted use, integrity or implied guaranties of merchantability or suitability for the particular purpose.
5.3 The company “TVOYO TV” waives all the guaranties, obvious or implied, as much as possible, allowed by the acting legislation, including but not limited to implied guaranties of merchantability, suitability for particular purpose, proprietary rights and integrity rights regarding the site “TVOYO TV”, and also the deals, implemented through the site or via Internet globally. “TVOYO TV” does not represent or guarantee quality of calls, any connection or other transfer of the data via Internet.
5.4 To the fullest extent, admissible with the applicable legislation, in no circumstances, including cases of neglect, “TVOYO TV” waives responsibility for any direct, indirect, occasional, special or subsequent losses, lost profit (even if the company “TVOYO TV” was warned about possibility of such losses or even if such loss is foreseeable), incurring as the result of use or impossibility to use the site “TVOYO TV”, any modifications at the site “TVOYO TV”, non-sanctioned access, modifications in your transformer or the data, while connection, transfer of materials, sending and receipt of the data, non-sending and non-receipt of the data, and also as the result of any deals, drawn through the site “TVOYO TV”, or caused by the fraudulent or contradictory actions of the third parties.
5.5 You unconditionally agree that “TVOYO TV” is not held responsible for any threatening, defamatory, indecent, insulting or illegal contents or behavior of any third party or violation the rights of other persons by that party, among them the rights of intellectual property.
5.6 If you are not satisfied with the site “TVOYO TV”, materials, published at the site or through the site “TVOYO TV”, and also the provisions of the “TVOYO TV”, you agree that the only and exclusive means of the legal defense is termination of use of the site “TVOYO TV” or any other products and services of “TVOYO TV”.
5.7 “TVOYO TV” shall refer to reasonable means for protection of confidential information and all the private information, which you have indicated at the site “TVOYO TV”, though, third parties (e.g. hackers) may violate or try to violate security means of “TVOYO TV” or receive non-sanctioned access to the database of “TVOYO TV” or other devices with you personal data. You agree that “TVOYO TV” is not held responsible for any damage/loss, due to contractual, civil or any other relations as the result of violation of security at the site “TVOYO TV” or the devices, and also as the result of violation of safety of the users information.

6. DAMAGE/LOSS COMPENSATION

6.1 You are liable to compensate damage/loss caused to the company “TVOYO TV”, its representatives, directors, employees, agents, shareholders, licensees, providers and third parties, as the persons rendering service through the site “TVOYO TV”, and also to compensate caused damage/loss, expenditures and costs, among them court expenses as the result of violation of these Terms or the claims by the third parties as the result of use of the site “TVOYO TV” and caused with your behavior at the site.
6.2 Provisions of this paragraph protects the interests of the company “TVOYO TV” and its employees, directors, workers, agents, shareholders, licensees and providers of the site “TVOYO TV”. Each of the above mentioned natural persons or legal entities are entitled on their behalf to file claims, entailing from these provisions directly regarding you, and to demand for compensation.

7. EXTERNAL LINKS

7.1 The site “TVOYO TV” may contain links to the sites of the third parties (“External Links”), as well as promotional offers. You agree that the external sites commercials are provided exclusively for convenience of the users. “TVOYO TV” is not held responsible for proper work of the relevant websites. “TVOYO TV” has not control over such websites and resources and is not held responsible for contents of such sites or commercials and propaganda, among them but not limited to, any links, given at the external links, and does not confirm their contents, commercials, products or other materials, available at such websites or resources. You are held responsible for implementation of the statements and the terms of use of the information allocated at the external sites, and also you are liable to refer to the means of securing absence of viruses, malwares, Trojans and other destructive elements in the sources used by you.
7.2 Any connection to the third parties (among them promoters) at the external sites, and participation into the events, among them supply of goods and rendering of the services and payment for them, as well as implementation of other conditions, guaranties or representations, resulting from such connection or participation in the promotional events, deal exclusively with you and promoters, traders or other third parties. You agree that “TVOYO TV” is not held responsible or directly or indirectly liable for any damage or loss caused or supposedly caused by use or trust to any contents, goods or services, provided or preconditions with the external sites or resources, or incurred in relation to them. Purchase of any goods or services from the traders at the external links is exclusive deal by and between you and such trader, and any issues or disputes, incurred regarding such goods or services shall be solved directly with the trader. “TVOYO TV” is not held responsible for the actions of such traders or for your relation with such trader.

8. DISCLOSURE OF INFORMATION AND CONFIDENTIALITY

8.1 “TVOYO TV” retains the right without your preliminary consent to notify your any personal data or information about your activities at the site “TVOYO TV” in case if “TVOYO TV” in bona fide considers such actions necessary for: 1) implementation of requirements of the legal norms or facilitation to the legal proceedings, 2) defense and protection of rights and property of “TVOYO TV” or its holding or associated companies, 3) implementation of the requirements of these Terms, or 4) protection of interests of its members or other persons.
8.2 Any impersonal information or materials, which you provide to the company “TVOYO TV”, shall not be considered as confidential.
8.3 Additional information for use and disclosure of your personal data is mentioned in our Policy of protection of personal data.

9. PROPRIETARY RIGHTS

COPYRIGHT
9.1 The site “TVOYO TV”, all the images, text, graphics, logotypes, voice, programs and any other materials (“Contents”), which are allocated at the site “TVOYO TV” are protected with trademark, and also international contracts and agreements. Any commercial use of the site “TVOYO TV” and contents, which might be found by means of the site “TVOYO TV”, is strictly prohibited without unconditional written consent of “TVOYO TV”. Any restoring or disclosure of the services of “TVOYO TV” and the contents of the site, contradicting to these Terms, are prohibited and may entail civil or criminal responsibility.
9.2 All the elements of the site “TVOYO TV”, its design or formation are protected with commercial practice and laws and shall not be copied or restored in full or partially.
9.3 All the logotypes, graphics, voices, or images allocated at the site, shall not be copied or stolen without unconditional consent of “TVOYO TV”.
ISSUANCE OF LICENSES AND LIMITATION.
9.4 You shall consider and agree that the site “TVOYO TV” and all the necessary software used in relation to the work of the site “TVOYO TV” (“Software”) contain confidential information, which is protected with the copyright and other laws. “TVOYO TV” reserves all the rights, among them the rights not mentioned directly in this document, and in particular, proprietary rights and property rights.
9.5 Software is available for loading exclusively with the purpose of its non-transferrable, non-exclusive and non-commercial use by natural persons regarding use of the services of “TVOYO TV”. Software is provided exclusively for your use in accordance with these Terms and the conditions of licensing agreement with the end-user (“Licensing agreement”), which is enclosed to the software or is the part of the software. You are not entitled to install or to use any part of the software before getting your consent to the terms and the conditions of the licensing agreement and these Terms. The software is used on PC and loaded into operative memory (i.e. RAM) or installed in the permanent memory (e.g. hard drive, CD-ROM or other storage device) of that PC.
9.6 You are not entitled to copy the software to other server or other location with the purpose of its reproduction or distribution. You are not entitled to hold engineering analysis, to decompile, to dismantle or to modify the software, if the law does not prohibit such restrictions.
9.7 Any reproduction or distribution of the software, which does not comply with these Terms, and also the conditions of all the licensing agreement, is banned and may entail civil or criminal responsibility. Violators will be executed to the maximal extent.
9.8 Without limitation of the provisions of the paragraph 5, the software is provided as is, and the company “TVOYO TV” wherewith waives all the guaranties and conditions regarding the software, including all the implied guaranties and conditions of the merchantability, suitability for the definite purpose, claims defined by the law and absence of violation of the legal norms.
TRADEMARKS AND MATERIALS OF THIRD PARTIES
9.9 “TVOYO TV” reserves all the rights regarding its corporate name, marking of the services, logotypes, firm name, trademarks, website and domain names (under the common name “Marks”), and in accordance with these Terms you are not entitled to use these marks. Besides, other marks available at the subject site might be presented with the trademarks of the third parties, acting independently from “TVOYO TV”. “TVOYO TV” and “TVOYO TV Group” may not control and affirm the contents of the sites of third parties.

10. GENERAL FORMULATION

10.1 These Terms are governed with the legislation of England without consideration of conflict of laws. Any dispute by and between you and “TVOYO TV” regarding these Terms shall be solved according to the exclusive jurisdiction of the courts of England, and you unconditionally waive to any claims for defining of jurisdiction. You agree that with the purpose to define the local jurisdiction and applicable law, the site “TVOYO TV” has its origin in England and is presented by the company “TVOYO TV” from England.
10.2 These Terms represent full understanding and consent by and between two contractual parties regarding the site “TVOYO TV” and substitute all the previous written or verbal agreements or understandings by and between you and “TVOYO TV”, and no other advices or information in verbal or written form, received from that site (before or after the date of acceptance of the Terms by you) will not entail any liabilities or responsibilities on behalf of “TVOYO TV”, if not indicated otherwise. You may also face other terms, which might apply while use of the additional services, offered by “TVOYO TV Group”, and also resulting from use of the contents of the third parties or the software of the third parties. These Terms shall not be changed via negotiations by and between the contractual parties or due to the commercial practice.
10.3 Implementation of these Terms is regulated by the current laws, and the issues not defined with these Terms do not limit the volume of rights and liabilities of “TVOYO TV” regarding implementation of the governmental, judicial and legal requirements to use of the site “TVOYO TV” or the information, provided or obtained by “TVOYO TV” in relation to such use.
10.4 If any of the provisions of these Terms is recognised as null and void, the other provisions of these Terms remain in full force, and in case if any of the provisions of these Terms is recognized by the competent court as contradicting to the law, then such provision shall be interpreted close as possible to the provisions, reflecting intentions of the parties according to the other provisions, which remain in full force. These Terms shall not be interpreted against the party, which is creator of these Terms. The published version of these Terms and any materials electronically might be used in court or administrative proceedings.
10.5 If “TVOYO TV” does not act, demand or urge for strict implementation of any of the provisions of these Terms, such fact might not be interpreted as the waiver to any of the provisions or the rights, except for the cases if the company “TVOYO TV” agrees upon with such waiver, drawn in writing.
10.6 Notifications destined for you shall not be changed, except for the cases of unconditional changes implemented by “TVOYO TV”, according to this document, and will be sent via email, by post or through publishing of the notification or the link to such notification at the site “TVOYO TV”.
10.7 “TVOYO TV” reserves the right to make modifications periodically into the provisions of these Terms. Such changes enter into force upon publishing of the notification at the site “TVOYO TV”. Your subsequent use of the site “TVOYO TV” and your membership at the site “TVOYO TV” are assessed as your consent with the directive actions of the updated version of these Terms.
10.8 You are not entitled to file claims to “TVOYO TV” regarding use of the site “TVOYO TV” without submission of the written notification or reclamation to the company “TVOYO TV” in the term of fourteen (14) days once you know or might have known the facts leading to making of such decision. You agree that any right for filing of the claims resulting or related to the site “TVOYO TV”, is due to implementation in the term of one (1) year upon its incurring, otherwise, such right will be cancelled due to expiration of limitation period.
10.9 “TVOYO TV” is entitled at any time and without preliminary notification to transfer its rights and liabilities according to these Terms to the other country, and in such case, these Terms become directive and acting in favor of the relevant assignee and legal successor.
Should you have any questions regarding these Terms or if you for some reason are willing to contact “TVOYO TV”, please refer to our Customers Service, tel.: +1 800 563 77 05, working everyday, from 08:00 to 24:00, or to email of “TVOYO TV”: tvoyotv.us@tvoyo.tv