These Terms of Use of the “MovieFan” mobile application constitute an agreement on the use of the “MovieFan” mobile application (hereinafter, the “Agreement”) between the right holder (hereinafter, the “Right Holder”) of the “MovieFan” mobile application (hereinafter, the “Application”), made available in the App Store (operated by Apple Inc. and/or its affiliates) and/or Google Play (operated by Google Inc. and/or its affiliates), and the end user (an individual who has downloaded the Application to their mobile device, hereinafter and throughout, the “User” or “You/Your”). Before using the Application, please read the terms of this Agreement.
By downloading or installing the Application on your mobile device, You agree to fully and unconditionally accept the terms of this Agreement. If You do not accept the terms of this Agreement in full, You are not entitled to use the Application for any purpose. For the avoidance of doubt, if You have downloaded the Application but later decide not to accept the terms of this Agreement, You must immediately delete the downloaded Application from your device (withdrawal from this Agreement is possible only by deleting the Application from your mobile device).
1.1. “Right Holder” means an individual or legal entity holding the proprietary right to use and dispose of the “MovieFan” mobile application and having made the Application available in mobile application stores in accordance with the applicable application placement terms and rules of such stores.
The address for contact and for submitting proposals and comments regarding the operation of the Application is provided below.
1.2. “User” means an individual who has reached the age of 14 (fourteen), downloads the Application to their mobile device and subsequently uses the Application.
1.3. “Application” means the “MovieFan” mobile application, a set of information integrated into a software environment (software) intended for installation (download) on the User’s mobile device and enabling the User to view/read text, images and perform other actions on their mobile device.
1.4. The Application may be used only under the terms of this Agreement. If the User does not accept the terms of the Agreement in full, the User is not entitled to use the Application for any purpose. Use of the Application in violation of (or failure to comply with) any provision of the Agreement is prohibited.
1.5. By using the Application, the User agrees that the following documents form an integral part of this Agreement and that their terms fully apply to the use of the Application (the User unconditionally agrees to the documents specified below upon downloading the Application):
1.5.1. The terms and conditions governing the use of products of Apple Inc./Google Inc., published online at the following links, respectively: https://www.apple.com/legal/internet-services/itunes/ru/terms.html for Apple Inc. and https://play.google.com/intl/ru_ru/about/play-terms.html for Google Inc.;
1.5.2. The “Privacy and Personal Data Protection Policy for Users of the ‘MovieFan’ Mobile Application”, published online at: https://mauris.info/files/movie_fan_privacy_policy/.
NOTE: If the User is under 18 (eighteen) years of age, the User must review this Agreement together with their parent or legal representative in order to understand its terms. You also agree that any of the documents specified above may be amended without any special notice; a new version of a document becomes effective upon publication unless otherwise provided by that version of the document.
2.1. Under a simple (non-exclusive) license, the Right Holder grants the User a non-transferable right to use the Application in all countries worldwide by using the Application for its direct functional purpose. For this purpose, the User is granted the right to copy and install (reproduce) the Application on the User’s mobile device.
3.1. Except for use to the extent and by the methods expressly provided for in this Agreement, the User may not modify, decompile, disassemble, decrypt or perform any other actions involving the object code or source code of the Application for the purpose of obtaining information about the implementation of algorithms used in the Application; create derivative works using the Application; or otherwise use (or permit the use of) the Application, any components of the Application, images stored by the Application on the User’s mobile device, or other data without the written consent of the Right Holder of the Application.
3.2. The User may not reproduce or distribute the Application for commercial purposes (including for a fee), including as part of collections of software products, without the written consent of the Right Holder of the Application.
3.3. The User may not distribute the Application in any form different from the form in which it was received without the written consent of the Right Holder of the Application.
4.1. The functions of the Application cannot be performed (or may be limited) without Internet access.
4.2. The Right Holder is not responsible for failures occurring while downloading the Application to the User’s mobile device.
4.3. The User independently bears all costs associated with the Internet connection, the User’s mobile device used to access the Internet and use the Application, and the corresponding communication equipment. When the iOS or Android operating system is updated, the Application may become incompatible with the updated version of such operating system and may lose some or all of its functionality. Similarly, if the User does not update the operating system as updates are released by the application store, the Application (in the current version supported for the updated operating system) may be incompatible with an outdated version of the operating system on the User’s mobile device. These circumstances are beyond the control and responsibility of the Right Holder; however, the Right Holder will make efforts to restore the operation of the Application. If the User accesses the Internet through a mobile network, the rates and charges of the User’s network provider or roaming provider apply to sending and receiving messages, data, etc. The User is responsible for monitoring the rates and charges applied by the relevant mobile operator and bears all associated costs.
5.1. Use of the Application does not require the User to create an account (that is, to provide User data and create access credentials such as a login and password); however, certain features of the Application may be limited in such case.
5.2. The User consents to the Right Holder processing the User’s personal data for the purpose of providing services to the User. The Right Holder processes the User’s data in accordance with the “Privacy and Personal Data Protection Policy for Users of the ‘MovieFan’ Mobile Application”, available at https://mauris.info/files/movie_fan_privacy_policy/, exclusively for the purpose of enabling the User to use the Application in accordance with its intended functionality.
5.3. The User is independently responsible to third parties for their actions when using the Application, including ensuring that such actions comply with applicable law and do not violate the rights and legitimate interests of third parties. The User undertakes, independently and at their own expense, to settle all third-party claims related to the User’s actions when using the Application.
5.4. The User must independently ensure the confidentiality of data stored in the account, including the password, and is responsible for disclosure of such data by any means, including all risks and losses arising in connection with such disclosure. Disclosure of account data constitutes a material breach of this Agreement.
5.5. The User is responsible for all actions performed under their account and using their login and password, as well as for all actions performed from the mobile device on which the Application is used.
6.1. The Application is provided on an “as is” basis. The Right Holder cannot guarantee error-free and uninterrupted operation of the Application or any of its individual components and/or functions on Your mobile device; however, we strive to improve the quality of our Applications. The Right Holder also cannot guarantee that the Application will meet the User’s specific purposes, does not guarantee the accuracy, completeness or timeliness of information received by the User, and provides no other warranties except those expressly stated in this Agreement.
6.2. The Right Holder is not liable for the consequences of unauthorized use of the Application by third parties or for any direct or indirect damage incurred by the User as a result of using or not using the Application.
6.3. All actions performed using the Application are deemed to be actions performed by the User.
6.4. The Right Holder may, without prior notice, refuse to provide services to the User if, through their actions, the User insults, humiliates, threatens, defames or otherwise violates the rights of third parties, or violates applicable law.
6.5. The Right Holder is not responsible for the correctness of data entered by the User when paying for third-party services or for the correctness of transactions between payment participants (banks, mobile operators, payment agents, etc.).
6.6. The User may address all questions and claims related to the use/inability to use the Application, as well as possible violations by the Application of applicable law and/or third-party rights, to the Right Holder (contact details are provided below).
6.7. This Agreement and all relations related to the use of the Application are governed by applicable law.
7.1. This Agreement applies to all subsequent updates/new versions (subsequent releases) of the Application. By agreeing to install an update/new version of the Application, the User also accepts the terms of this Agreement with respect to the relevant updates/new versions of the Application, unless the update (installation of a new version) of the Application is accompanied by a different agreement.
8.1. This Agreement may be amended unilaterally by the Right Holder. Notice to the User of amendments to the terms of this Agreement is published online at: https://mauris.info/files/movie_fan_terms_of_use/.
Such amendments to the terms of the Agreement become effective from the date of their publication online at https://mauris.info/files/movie_fan_terms_of_use/, unless a different effective procedure is provided.
9.1. We welcome your comments or questions. All messages should be sent to: [email protected].