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Terms of Service

Last updated: January 16, 2018

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you ("you") and Company (as defined below) governing your access to and use of the Company’s website http://www.donationalerts.ru/, including any subdomains thereof (collectively, "Site"), and all associated services (collectively, "DA Services"). The Site and DA Services are hereinafter collectively referred to as the "DA Platform".

Collection and use of personal information by Company in connection with your access to and use of the DA Platform is described in our Privacy Policy that is incorporated by reference into this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE DA PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT; AND (B) HEREBY REPRESENT AND WARRANT THAT YOU ARE AN INDIVIDUAL LAWFULLY ABLE TO BE BOUND BY THIS AGREEMENT (E.G. YOU HAVE REACHED AN AGE OF CAPACITY IN YOUR COUNTRY OF RESIDENCE) AND IF YOU ARE NOT REACHED SUCH AN AGE, YOU SHALL NOT BE ENTITLED TO USE DA PLATFORM WITHOUT CONSENT OF YOUR PARENTS OR LEGAL REPRESENTATIVES; LIABILITY FOR ACTIONS OF A USER WHO HAS NOT ACHIEVED THE REQUIRED AGE SHALL BE IMPOSED ON HIS/HER PARENTS OR LEGAL REPRESENTATIVES.
IN THE EVENT THAT YOU, IN ACCORDANCE WITH THE LAWS OF YOUR STATE, ARE PROHIBITED TO USE DA PLATFORM OR PORTIONS THEREOF OR THERE ARE OTHER LEGAL RESTRICTIONS, YOU DO NOT HAVE THE RIGHT TO USE IT. IN SUCH A CASE, YOU WILL BE SOLELY RESPONSIBLE FOR THE USE OF DA PLATFORM OR THE RELEVANT PART OF IT ON THE TERRITORY OF YOUR STATE IN VIOLATION OF THE RELEVANT LEGISLATION.

  1. Scope of Services

    1. The DA Platform is an online platform that (a)enables registered users ("Broadcasters") to use its available functionality in order to communicate with other users who watch live-video content placed by Broadcasters in the Internet ("Users", and such content of Broadcasters - "Broadcaster Content") and to receive donations from such Users aimed to support Broadcasters ("Donations"); and (b) enables Users to make Donations to the Broadcasters and to communicate with the Broadcasters by any means available through the DA Platform including sending of text or voice messages; all content created/downloaded by Users through DA Platform referred to as "User Content".

    2. Except as expressly specified in these Terms (a) as the provider of the DA Platform, Company does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Broadcaster Content and does not participate in any communications between Broadcasters and Users, (b) Broadcasters alone are responsible for their Broadcaster Content and Users are alone responsible for their User Content, (c) Company is not and does not become a party to or other participant in any contractual relationship between Broadcaster and User, nor is an insurer, (d) Company is not acting as an agent in any capacity for Broadcaster or User.

    3. While Company may help facilitate the resolution of disputes, Company has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Broadcaster Content or User Content (ii) the performance or conduct of any Broadcaster or User or third party. Company does not endorse any Broadcaster or Broadcaster Content or User or User Content. You should always exercise due diligence and care when deciding whether to communicate or enter into any kind relationship with Broadcasters or Users.

    4. If you choose to use the DA Platform as a Broadcaster, your relationship with Company is limited to being an independent, third-party, and not an employee, agent, joint venturer or partner of Company for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Company.

    5. The DA Platform may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Company is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Company of such Third-Party Services.

    6. Due to the nature of the Internet, Company cannot guarantee the continuous and uninterrupted availability and accessibility of the DA Platform. Company may restrict the availability of the DA Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the DA Platform. Company may improve, enhance and modify the DA Platform and introduce new services from time to time.

    7. Subject to your compliance with these Terms, Company hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable, free of charge or for fee (as defined herein) license to use the DA Platform within its purposes and functionality.

    8. Use of DA Platform is free of charge. However, Company reserves the right to charge fees from Broadcaster or User for the use of DA Platform at any time by changing these Terms and Payment Terms.

  2. Eligibility, Using the DA Platform

    1. Company may make the access to and use of the DA Platform, or certain areas or features of the DA Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria.

    2. User verification on the Internet is difficult and Company does not assume any responsibility for the confirmation of any Broadcaster or User identity except expressly provided by applicable law. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, Company may, but have no obligation to (i) ask Broadcasters or Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of them, (ii) screen Broadcasters and Users against third party databases or other sources and request reports from service providers, and (iii) where Company has sufficient information to identify a Broadcaster or User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

    3. The access to or use of certain areas and features of the DA Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the DA Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

  3. Appointment of the Company as Commercial Agent for the collection of Donations; Agency Agreement

    1. The Broadcaster collecting Donations from Users via the DA Platform hereby appoints the Company as the Broadcaster’s commercial bill collection agent with the instruction and authorization to act as an intermediary for the purpose of collecting Donations from Users and remit them to Broadcaster in accordance with these Terms of Service ("Agency Agreement").

    2. This Agency Agreement is entered into for an indefinite period of time.

    3. The Broadcaster and the Company, shall act dutifully and in good faith towards each other.

    4. For its services, the Company charges an agency fee to the Broadcaster ("Agency Fee"), further specified in the Payment Terms, which can be found on the following page: http://www.donationalerts.ru/terms-of-service/payments. The Payment Terms form an integral part of this Agency Agreement.

    5. The Broadcaster is responsible for paying any Agency Fee that he/she owes to the Company. Except as otherwise provided on the DA Platform, Agency Fees are non-refundable.

    6. Upon request of the Company, the Broadcaster shall provide the Company with the information necessary for the performance of this Agency Agreement and/or which the Company requires to verify the amounts of Agency Fees due. The Company's Privacy Policy is applicable to any personal data provided by the Broadcaster to the Company in the context of this Agency Agreement.

    7. The Broadcaster understands that the Company’s obligation to remit any Donations to the Broadcaster is subject to and conditional upon successful receipt of the associated Donations from Users. The Company guarantees remittances to Broadcasters only for such amounts that have been successfully received by the Company from Users in accordance with the Payment Terms.

    8. The Company reserves the right to change the Agency Fee at any time.

    9. The Company or the Broadcaster may at any time terminate this Agency Agreement by notice in writing.

    10. In no event will the Company be liable to the Broadcaster for any direct, indirect or consequential damages arising from or relating to this Agreement.

    11. In no event shall the Company be liable to any third parties (meaning: anyone not party to this Agency Agreement) for any direct, indirect or consequential damages caused by or arising out of any acts or omissions of the Broadcaster.

    12. In the event of any conflict or inconsistency between the terms of this Agency Agreement and other terms contained in the Terms of Service or the Payment Terms, the terms of this Agency Agreement shall prevail.

  4. Broadcaster's Account

    1. You must register an account ("Account") to access and use certain features of the DA Platform designed for the Broadcasters.

    2. In order to open an Account, you will be asked to provide Company with certain information like an account name and password or other information (all of which will be protected by our Privacy Policy).

    3. While Company uses reasonable security precautions, you are solely responsible for maintaining the confidentiality of Account and password, for restricting access to your computer and for all activities that occur under your account or password. Please make sure you provide to Company on registration and at all other times information which will be true, accurate, current, complete and kept up to date to the best of your ability.

    4. If You have reason to believe that your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify Company at da.support@corp.my.com.

    5. You may not register more than one (1) Account unless Company authorizes you to do so. You may not assign or otherwise transfer your Account to another party.

    6. Company may permit you to register for and log onto the DA Platform via certain third party API, such as by using Twitch account. If you log in via such API, the profile information connected to the account you use to log into the DA Platform, including your name, may be used by Company in order to provide and support your Account. You also acknowledge and agree that Company may publish information regarding your use of the DA Platform to and in connection with any such third party API with which you use the DA Platform (unless you tell Company otherwise).

  5. Content

    1. DA Platform Content. You acknowledge and agree that DA Platform and any content that Company makes available on or through DA Platform including any trademarks, logos and any service names ("DA Content") and all associated intellectual property rights, are the exclusive property of Company and/or its licensors or suppliers that may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. Any authorized use of these DA Content must be in accordance with any guidelines that Company may provide you from time to time. You may not use any metatags or any other hidden text utilizing "DA", "DA Platform" or any other name, trademark or product or service name of Company without Company's prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Company.

    2. Content. Broadcaster Content and User Content collectively hereinafter referred to as "Content". If Company allows you to publish any Content, then you are solely responsible for your Content and the consequences of publishing it. By uploading/ publishing / making available your Content on DA Platform and/or using DA Platform in connection with your Content, you represent and warrant that: (1) you are the creator and owner of the certain Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Content does not and will not (a) violate any applicable law, rule or regulation or (b) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (c)slander, defame, or libel any other person or (d) promote violence, the use of firearms, or unlawful subject matter or activities or (e) be defamatory, libelous, deceptive, pornographic or sexually explicit; (3)your Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (4) unless you have received prior written authorization, your Content specifically does not contain any prerelease or non-public beta software or game content or any confidential information of Company or third parties. Company reserves all rights and remedies against any Broadcasters who breach these representations and warranties.

      Any Content, may in its entirety or in part be protected by copyright, trademark, and/or other laws of the certain state. You acknowledge and agree that any Content, including all associated intellectual property rights, are the exclusive property of the respective owners. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the DA Content or any Content. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the DA Content or Content, except to the extent you are the legal owner of certain Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in these Terms.

    3. License to use Content. If you distribute or make available any Content through the DA Platform, you hereby grant to Company a worldwide, non-exclusive, royalty-free, perpetual, transferable and fully sublicensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit your Content, in any form, format, media or media channels now known or later developed or discovered. You grant Company and our sublicensees the right to use the name that you submit in connection with that content, if Company or they choose. This clause shall survive the termination of the Terms on any reason except for the cases when it is prohibited by applicable law.

    4. Limitation of liability for Content. Company takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the DA Platform is at your own risk. Enforcement of the Content or conduct rules set forth in these Terms of Service is solely at Company's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the DA Platform will not contain any content that is prohibited by such rules. As a provider of interactive services, Company is not liable for any statements, representations or Content provided by our users in any public forum, personal home page or other Interactive Area. Company does not endorse any Content or any opinion, recommendation or advice expressed therein, and Company expressly disclaims any and all liability in connection with Content. Although Company has no obligation to screen, edit or monitor any of the Content posted in any interactive area, Company reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the DA Platform at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the DA Platform at your sole cost and expense. Any use of the interactive areas or other portions of the DA Platform in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the interactive areas and/or the DA Platform.

      At all times Company reserves the right to delete or block any Content in case of any breach or alleged breach of these Terms of Service.

  6. Promotions on the DA Platform

    You may promote, administer or conduct a promotion on, through or utilizing DA Platform ("Promotion") only according to separate agreements between Company and you. If you choose to promote, administer or conduct a Promotion subject to foregoing, you always must follow the following rules:

    • you may carry out Promotions to the extent permitted by applicable local law and you are solely responsible for ensuring that you and any Promotions comply with any and all applicable local law obligations and restrictions as well as to any DA Platform documents.
    • you, at your expense, will be solely responsible for all aspects of your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. Company has the right to remove your Promotion from the DA Platform for any reason.
    • Company is not responsible for and does not endorse or support any such Promotions. You may not indicate that Company is a sponsor or co-sponsor of the Promotion.
    • All Broadcasters should display or read out the following when a Promotion is on their channel: "This is a promotion from [channel name]. DA Platform does not sponsor or endorse broadcaster promotions and is not responsible for them".

    For clarity, any Promotion may take place upon additional binding agreement between you and Company and subject to technical functionality of DA Platform.

  7. Code of conduct

    1. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the DA Platform. In connection with your use of the DA Platform, you will not and will not assist or enable others to:

      • use the DA Platform for any purposes except to access the DA Platform and use it in accordance herewith;
      • rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms;
      • post, upload, or distribute any defamatory, libelous, or inaccurate Content;
      • impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the DA Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the DA Platform, or perform any other similar fraudulent activity;
      • delete the copyright or other proprietary rights notices on the DA Content or DA Content or Content;
      • make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the DA Platform, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
      • harvest or collect the email addresses or other contact information of other users from the DA Platform for the purpose of sending spam or other commercial messages;
      • use the DA Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
      • defame, harass, abuse, threaten or defraud users of the DA Platform, or collect, or attempt to collect, personal information about users or third parties without their consent;
      • remove, circumvent, disable, damage or otherwise interfere with security-related features of the DA Platform or Content, features that prevent or restrict use or copying of any content accessible through the DA Platform, or features that enforce limitations on the use of the DA Platform or Content;
      • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the DA Platform or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence;
      • modify, adapt, translate or create derivative works based upon the DA Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
      • intentionally interfere with or damage operation of the DA Platform or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
      • relay email from a third party's mail servers without the permission of that third party;
      • use any robot, spider, scraper, crawler or other automated means to access the DA Platform for any purpose or bypass any measures Company may use to prevent or restrict access to the DA Platform;
      • manipulate identifiers in order to disguise the origin of any Content transmitted through the DA Platform;
      • interfere with or disrupt the DA Platform or servers or networks connected to the DA Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the DA Platform;
      • use the DA Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the DA Platform, or that could damage, disable, overburden or impair the functioning of the DA Platform in any manner;
      • use or attempt to use another user's account without authorization from that user and Company
      • attempt to circumvent any content filtering techniques Company employs, or attempt to access any service or area of the DA Platform that you are not authorized to access; or.
      • attempt to indicate in any manner that you have a relationship with us or that Company have endorsed you or any products or services for any purpose.

      Further, BY USING THE DA PLATFORM, INCLUDING YOU AGREE NOT TO post, upload to, transmit, distribute, store, create or otherwise publish through the DA Platform or use in relation to DA Platform any of the following:

      • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or regulation;
      • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
      • Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
      • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
      • private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
      • viruses, corrupted data or other harmful, disruptive or destructive files and content that, in the judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the DA Platform, or which may expose Company or our users to any harm or liability.

    2. If you feel that any person you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Company by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

  8. Term and Termination, Suspension and other Measures

    1. This Agreement shall be effective for unlimited period of time until you or Company terminate the Agreement in accordance herewith.

    2. If you are a Broadcaster you may terminate this Agreement at any time by sending Company an email. If you are a User you may terminate this Agreement by stopping access to DA Platform.

    3. Without limiting our rights specified below, Company may terminate this Agreement for convenience at any time by notifying you via email or by any other means.

    4. Company may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms or other related documents, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Company believes in good faith that such action is reasonably necessary to protect the personal safety or property of Company, Broadcasters or Users, or third parties (for example in the case of fraudulent behavior of a Broadcaster or User).

    5. In addition, Company may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms or related documents, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the account registration or thereafter, (iv) you and/or your Broadcaster Content, User Content at any time fail to meet any applicable quality or eligibility criteria, (v) Company has received complaints about your performance or conduct, or (vi) Company believes in good faith that such action is reasonably necessary to protect the personal safety or property of Company, Broadcasters, Users, or third parties, or to prevent fraud or other illegal activity:

      • refuse to delete or delay any Content;
      • limit your access to or use of the DA Platform;
      • temporarily or in case of severe or repeated offenses permanently suspend your Account on the DA Platform.

    6. In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Company and an opportunity to resolve the issue to Company's reasonable satisfaction.

    7. When this Agreement has been terminated, you are not entitled to a restoration of your Broadcaster Account or any of your Content. If your access to or use of the DA Platform has been limited or your Account has been suspended or this Agreement has been terminated by Company, you may not register a new Account or access and use the DA Platform through an account of another Broadcaster..

  9. Disclaimers

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE DA PLATFORM AND RESPECTIVE FEATURES AND DA CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COMPANY; (B) COMPANY, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS ("COMPANY'S PARTIES") DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE DA PLATFORM, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) COMPANY DOES NOT REPRESENT OR WARRANT THAT INFORMATION, CONTENT OR MATERIALS ON THE DA PLATFORM ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE COMPANY SERVICE SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE DA PLATFORM OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE DA PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE TERM "COMPANY" INCLUDES COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
    NOTWITHSTANDING COMPANY'S APPOINTMENT AS THE COMMERCIAL BILL COLLECTION AGENT OF BROADCASTER AS SPECIFIED HEREIN, COMPANY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY BROADCASTER OR OTHER THIRD PARTY. COMPANY DOES NOT HAVE ANY DUTIES OR OBLIGATIONS AS AGENT FOR EACH BROADCASTER EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE TERMS, AND ANY ADDITIONAL DUTIES OR OBLIGATIONS AS MAY BE IMPLIED BY LAW ARE EXPRESSLY EXCLUDED.

  10. Liability

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL COMPANY OR THE COMPANY'S PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE DA PLATFORM, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE DA PLATFORM EXCEED 100 EURO AMOUNT.

  11. Indemnification

    You agree to indemnify, defend, and hold harmless Company and Company's Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your breaches (for example, your violation of the rights of any third party, any violation by you of this Agreement or any other applicable agreements in relation to the DA Platform using), or any breach of the representations, warranties, and covenants made by you herein. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company's defense of these claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The forgoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or Content.

  12. Applicable Law

    This Agreement shall be governed and construed by the law of England and Wales. All disputes arising in connection with this Agreement are subject to mandatory pre-trial settlement by the Parties, and in case of failure to reach agreement during the pre-trial settlement of the dispute – in the court having jurisdiction at the location of Company.

  13. Modification of these Terms

    Company reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time (for example to reflect updates to the DA Platform or to reflect changes in the law). If Company changes these Terms, Company will provide you notice of these changes, such as by sending an email, posting a notice on the DA Platform or updating the "Last Updated" date above. Please check these Terms and any related documents periodically for those changes. Your continued use of the DA Service after the posting of changes constitutes your binding acceptance of such changes. We will always make a reasonable effort to notify you if Company does change these Terms. The current version of the Terms is available at http://www.donationalerts.ru/terms-of-service.

  14. Miscellaneous

    1. Waiver. The failure of either you or us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by the relevant party.

    2. Severability. If any provision of this Agreement or any guidelines is held to be unlawful, void, or for any reason unenforceable, then for both you and us that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

    3. Assignment. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.

    4. Survival. Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

    5. Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions of it.

    6. Entire Agreement. This Agreement, together with any other relative documents and guidelines, is the entire agreement between you and Company relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to this Agreement or Guidelines made by Company as set forth in Section 13 above.

    7. Claims. If You disagree with the above, We encourage you contact us as soon as possible after you start using the DA Platform at legal@corp.my.com since otherwise they will be binding on you after a reasonable time period (usually 30 days unless there are exceptional circumstances).

    8. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DA PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    9. The DA Platform is offered by My.com B.V. (hereinbefore referred to as "Company"), located at: Barbara Strozzilaan 201, 1083 HN, Amsterdam, the Netherlands.

    You may register your own cell phone number in your account. Such registration shall mean your full consent to SMS receiving from Company. You shall have an opportunity to change such SMS settings in your account. Mentioned functionality may be provided by MY.COM B.V. at any time.

Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.

© My.com B.V. | 2018

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