- BASIC DEFINITIONS
The Administrator – the owner and operator of the service i.e. the company TheKingIPTV
The Service – the group of related web sites available on the Internet by means of the address http://nowiptv.com/,
Service/services – services which are mentioned in the point II & 4 of this Statue.
The User – each person who uses any functionalities of the Service and especially by downloading or sending/making available any electronic data or a person who is registered with the Service.
Registration – the procedure of setting up and account by a user.
Account- an account run by the Service for the User by means of which the User can use the services offered by the Service and make use of the services offered by the Service and use its functions made available by through a unique name (login) which plays the function of the collection of resources where the user’s data is and information regarding user’s activities within the frame of the Service.
Contents – data in an electronic form available within the frame of the Service and the service provided by the administrator of the Service.
Statue – this statue covering the collection of he usage rules of the Service and rights and responsibilities of the users and administrator being the statue of electronically provided services.
- GENERAL RESOLUTIONS
- This Statue describes the regulations of facilitating and functioning of the Service and the regulations of using the Service and especially the users’ and administrator’s rights and responsibilities.
- The Service serves the users as a mean to receive and use the content especially audiovisual.
- The Statue and the conditions described by it make the binding contract between an adult User and Administrator regarding the use of the Service.
- The Administrator renders services based on supplying ICT infrastructure in order to broker in data transmitting and storing and making it available, among others, between the users their data.
The Administrator renders the service electronically by means of constant availability of the Service to its users.
- Neither The service nor its parts are moderated.
- The User confirms herein towards the Administrator he or she has turned 18 years old ( or reached a different age which in the view of the local law regulations of the User make him or her legally fit to make a binding contract) is fully capable to legal activities and consents to the conditions described by the Statue. If the User uses the Service on the third party behalf and being legal entity so called without corporate status etc. The User states herein to the Administrator that he/she is authorized to assume obligations resulting from concluding this contract on behalf of such person and accepting the Statue by such a User is equivalent with accepting it by this third party. In such a case the ‘User’ in this Statue means the above mentioned third party. In case of the lack of actual assumption of obligation on the third party behalf, the person allegedly acting on behalf of the third party is treated as the User who on his/her own behalf concluded the contract with the Administrator. The Users unable to conclude a legally binding agreement with the Administrator or such who are forbidden to use services rendered by the Service due to local legal restrictions including the current place of the User’s stay and the place of the service usage should not use the Service.
- The Administrator has the right to change and modify this Statue including adding new or deleting previous resolutions, which can be done at choice , at any time by publicizing changes of the Statue on the Service website. This is why the User is obliged to check regularly if the Statue has been changed. If the User uses the Service after publicizing the changes and has not terminate the contract it means the changes have been accepted by the User. If the rest of the resolutions do not state differently the changed Statue takes effect automatically 30 days after publicizing in the Service.
- The Administrator does not allow and accepts any kind of breach of the law and the third party rights especially author’s rights, the rights of industrial properties and personal rights. Except for the cases mentioned in the Status all the data is made available by the users at their own responsibility, risk and danger and they state they have all the rights especially to make the data available, publicize and circulate.
- Any texts, graphic materials, interactive functions, photos, files, software and all other materials within the Service except those posted, transmitted, made available, publicized by the Users and also the choice, organization coordination, material compilation and general image and the Service character constitute the Administrator’s intellectual rights. They are protected by author’s rights, design rights, patent rights, trademark rights, and other regulations including international conventions and property rights. All such rights are reserved for the Administrator. All the trademarks, the Service marks and trade names belong to the Administrator. Without a plain consent of the Administrator the User has no right to sell, circulate, copy, modify, recreate, show publicize, publicly transmit, edit or adapt those elements, grant licenses, create similar work on their basis or use in any other way.
III. THE TERMS OF THE USE OF THE SERVICE
- The user is obliged to use the Service according to the provisions of the Statue, law regulations, and public decency and principles of community life. The Administrator is obliged to act accordingly.
- In case the user come into any knowledge regarding breaching of the Statue by any other User or other person, the User is obligated to inform the Administrator of such breach immediately.
- The User states he/she read the content of the Statue and accepts it fully.
- The technical condition to make use of the service by the User is to own a work station equipped with operation system and the internet access and a standard software necessary to browse internet sites.
- In order to assure a proper working of some of the Service functionalities the User might need to provide the access of some of the following Google Analytic, Facebook Pixel, decompressing programs and Cookies files.
- The access to the part of Service functionality requires registration with the Service.
- SETTING UP AN ACCOUNT
- After data verification covered in the registry form the User receives from the Administrator a message onto the provided e—mail address regarding setting up the account. In order to finish the registry procedure the User is obliged to activate the account by clicking the link received by e-mail together with setting up information.
- After correct registration with the service the user receives the access to the Service full functionality after supplying email address and the password on the log in page.
- For the User who registered oneself an account is created. This can be edited by the User in regards to personal data. The users who are below the age (18) or who do not hold the legal rights to undertake legal actions are refused setting up the account.
- The User can see the information made public within the account of the Service.
- The User is obliged to make sure his/her account is always assigned to the current e-mail address of the user.
- The Account is made available to the user by the Administrator of the Service free of charge and allows to use the service offered within the Service which is possible from any localization by means of the Internet. The user bears any costs connected with the Internet availability according to the operator fees of which he/she is bind to by the contract.
- The Administrator reserves the right for temporary breaks in the Service and Account accessibility which can be caused by maintaining activities or technical problems. In case of technical problems the Administrator obliges himself to resolve them as soon as possible.
- FUNCTIONALITY OF THE SERVICE. PAYMENTS
- The Account in the Service allows the User to use the full functionality of the Service offered by the Administrator.
- The User can also use specific functionalities of the Service without creating the Account.
- The User can use the search engine provided by the Service.
- All payments connected with the Account and available within the frame of the Account subscriptions are done by the payment channels available through the Service especially by means of credit payment cards.
- The User purchases a given subscription in the frame of the Account for unlimited period of time and make payments depending on the choice of a) monthly subscription payments every 30 days starting from the first day of subscription purchase (the period 30 consecutive calendar days will be called herein ta ‘month’), b) three months starting from the first day of subscription payment, c) six months starting from the first day of subscription payment or d) yearly payments every 12 months starting from the first day of the subscription purchase. The User accepts the above as well as the fact of the credit or payment cart to be charged or by means of other payment tools as to cover the monthly subscription payments. These resources ( for monthly payments) will be charged automatically every 30 days, three months, six months or 12 months.
- The Administrator can increase the payments for a given subscription. In such case a new fee will be in force from the beginning of the following settling period which the User accepts.
- The User can resign from a given subscription at any time and choose a different one or quit the Account altogether by clicking the right icon within the Account. In such case the Account or a given subscription expires with the end of the settling period (a month/six months/12 months) in which the resignation took place.
- For the payment purposes the User can be obliged to give his/her personal data especially name, surname, address or country of domicile etc.
- USER’S STATEMENT
The user accepts and states herein that :
– by placing any data within the Service states it is free of physical and legal flaws and claims of the third parties and also the user is entitled to place such data especially in terms of author’s rights and has all necessary licenses, rights and permissions for the use of the data, its circulation and publication etc especially the right to publicize and circulation on the Internet, on line system and the right to use the third party image and also that these rights are not limited in any way.
– the data (a) does not breach any rights of the third parties including the author’s right, trademark right, patent right, trade confidentiality, the right to privacy protection, the image right, or any other rights of ownership or intellectual rights, or (b) does not slander or decry or insult any person or subjects, do not breach their rights including privacy security rights, image rights or any other personal rights;
– the data is virus free, free of adware type software, spyware, and all kinds of harmful software, any kind of content or files allowing access any other than the service which could breach the rights of the third parties;
– the data does not include any advertising, promotional or sales proposal
– is obliged to use the Service, all functionalities of the Service and the account in accordance with this Statue, law regulations, public decency and principles of community life,
– is obliged to respect other Users’ opinions and beliefs and not to breach their rights.
VII. FORBBIDEN WAYS OF USING THE SERVICE
The User herein states and assures that he/she will not act as below:
- a) The User will not post, create or circulate by means of the Service any data which can breach the law regulations, contents of any contracts or the third parties rights (including trade secrets, intellectual rights, author’s rights, personal properties rights or personal data protection rights);
- b) The user will not publicize, share, transmit or post any data in the Service which is: illegal, obscene, offend third parties, include slander or threats or pornographic content, vulgar, aggressive, racist, calling for hate or criminal actions, promoting fascism, Nazism, and other murderous ideologies, promoting phonographic, computer piracy, promoting the ways of data security breach, viruses, or any other similar content or materials;
- c) The User will not publicize advertisements or sales proposals without the Administrator’s consent,
- d) The User will not pass as another person or subject, existing or fictional, claim untruly he/she is involved with another person or subject or access other Users of the Service accounts, give false information regarding the sources, character or content of the data sent via the Service, or misguide in any other way other Users or the Administrator;
- e) The User will not use the Service for any other purposes than the services offered by the Administrator;
- f) The User will not circumvent or deactivate the Service security system;
- g) The User will not post offers, advertisements, proposals or send spam to other Service users including advertising or promotional materials or offers, send to multiple users trade information, ‘forward’ kind of messages, ads, charity payments requests, signing petitions requests, and especially the User cannot post banners and other advertising creations, and send ads and trade offers via e-mails directed to other users- without the consent of the Administrator;
- h) The User will not use the Service for any kind of illegal activities either breaching domestic or international law including author’s right protection, industrial properties rights and other ownership rights and the personal data protection regulations;
- i) The User will not slander, stalk, offend and deceive other users of the Service, collect or attempt to collect their personal data nor data of third parties without their consent or threaten them;
- j) The User will not try to break the source code of the Service or any of its parts or manipulate with it in any way possible;
- k) The User will not modify, adapt or translate the Service or any of its parts (including the Statue) or to create any similar work on the basis of such;
- l) The User will not disturb or try to disturb the work of the Service purposely or disturb other users to use the Service especially distribute and post viruses or other dangerous software including adware, spyware, etc.;
- m) The User will not take any actions aimed at reading other Users passwords including trying to guess the passwords;
- n) The User will not move or make the account available as a whole or in parts for a fee,
- o) The User cannot post any kind of data within the Service including personal data of third parties, including other users.
VIII. EXCLUSION OF RESPONSIBILITY
- In the extend allowed by law the responsibility of the Administrator is excluded in case of:
– any damages resulting from the use, access of the Service or not being able to use the Service for the reasons not dependent on the Administrator;
– any damages resulting from viruses, trojan horses etc. which can be send to the Service or by its means by third parties,
– the consequences of gaining the possession of the User’s password by third parties if such was caused by the User negligence and especially in a situation when the User made the password available to third parties,
– all actions taken by the Administrator in regards to the User connected with breaching of the law regulations or the Statue especially blocking the Account or the Service access, limiting the possibility of the use of certain services or functions of the Service,
– any damages caused by the data transmitted,
– Breaching and consequences of such breaching by the User law regulations or third parties’ rights especially for any damages caused to third parties by the User as a result of breaching of the author’s rights, industrial properties rights etc.,
– all actions and their consequences resulting from breaching by the User resolutions of this Statue or supplying by the User false data or supplying untrue or false statements and confirmations which are referred in this Statue,
– all actions consisting in gathering by the User personal data in a way that is against the law, its processing and especially making the personal data of other users available to unauthorized persons.
– any damages resulting from the use of the Service which does not follow the resolutions of point VII of this Statue.
- The Administrator does not bear any responsibility towards third parties in connection with not complying or wrongly complying of this contract, committing by the User unlawful act, breaching by the User law regulations and supplying untrue information, statements or confirmations. In case of receiving any complaints, accusations, claims petitions, demands, etc by the Administrator form third parties and connected with the User’s behavior referred in the previous sentence or in the paragraph 1 above, the User is obliged to take full responsibility towards these subjects which means the User will cover all costs bore by the Administrator as a result of the above or of which the Administrator will be obliged in any form, including the costs of legal advice, fees, damages, fines, punitive damages, costs of appeals, appearance in court or authorities or public administration, cost of correspondence and any other possible costs or fees etc. moreover in case of any claims towards the Administrator put by third parties on the score of breaching the rights of such parties by the User, the User will replace the Administrator in law cases or will take part as an outside intervener.
- THE USER’S RESPONSIBILITY
- Using by the Users in the Service (even if indirectly) protected by the authors right content of third parties can only happen with the authorized persons approval or within the approved for the use frame.
- The User bears all responsibility on the score of breaching the author’s rights, industrial properties rights, personal rights and other rights connected with transmitting, publicizing, circulating, storing etc specific data as well as for breaching the law and resolutions of this Statue.
- The User bears responsibility for actions or negligence of other subject of which he/she made the account or the Service available and for own actions and negligence.
- LAW BREACHING COUNTERACTING (notice and takedown PROCEDURE).
- a person of whom the law was breached by posting data (stored, transmitted etc) within the frame of the Service is obliged to inform the Service operator, showing and stating:
- a) the exact localization of such data,
- b) the law that was breached,
- c) the circumstances and proof of giving the appearance of the case being true active legitimation to act in case of violated right, together with the statement made under the pain of penal liability, that the data the person found within the Service belong only to that person,
- d) own contact details, especially name, surname, the firm, the address of the firm or home address, email address,
- e) personal data processing agreement statement for the purpose of notice and takedown procedure- such a statement should be sent in writing using Contact Form.
- After receiving a credible notification which is mentioned above the Service operator will block the access to the data stated in the notification immediately (especially will remove it) and will start the verification procedure.
- The person who notified the Administrator about the rights breach and all the other subjects interested will make efforts to settle the dispute in a loyal and covenantal manner in regards to the data rights posted/made available within the Service. If the parties will reach the agreement, the data in question, depending on the resolution will be:
– restored within the Service,
– restored within the Service taking the changes agreed by the parties of the dispute into consideration,
– removed from the Service permanently.
- In case of official notification or receiving credible information of illegal character of the data available in the Service, the operator will prevent the access to such data immediately.
- The Administrator can remove specific data from the Service on own initiative, forbid the transmission making available, storing etc of specific data if receiving credible information as to them being illegal or lawless.
- AGREEMENT TERMINATION
- The agreement between the Administrator and the User is concluded for the indefinite period of time (excluding fee agreements connected with purchasing a subscription) . Both the User and the Administrator has the right to terminate the contract.
- The contract termination by the Administrator is done by removing the User’s account or permanent access to the service. The account removal or access blocking can be done after the period of 14 days of sending the message to the User’s email address with information about termination/blocking the access. However, in case of gross breach of the resolutions of this Statue by the User, the Administrator can terminate the contract immediately by removing the account or blocking the access to the Service of the User permanently.
In case of the termination of the fee contract connected with subscription purchasing the termination takes place of the last day of the period of subscription paid.
- The termination of the contract by the User takes place by deleting the account. The User can withdraw from the agreement with the Administrator up to 24h from its free trial. After 24h trial of the contract being in force the User can terminate the contract by resigning from the use of the Account at any moment and especially when will not accept the changes in the Statue- by clicking the right link in the Account settings or sending an email to the Administrator and requesting the Account removal. The Administrator is obliged to delete the Account immediately no longer than within 7 days for receiving the request for the User. After ineffectual deadline the contract expires automatically.
XII. FINAL RESOLUTIONS. COMPLAINT PROCEDURE
- Any communication with the Service administration should take place by means of electronic post.
- Any comments regarding the breach of the resolutions of this Statue by the Users can be send to the Administrator via Contact Form
- The User has the right to submit complaints regarding the Services provided by the Administrator within the frame of the Service. The complaints should be submitted electronically to the following address firstname.lastname@example.org The complaints will be considered within the period of 7 days from the moment of receiving by the Administrator. The registration of the objection in the complaint process should cover the information about the User, detailed regarding the given anomalies and stating what kind of solution will be satisfactory to the User. The reply to the complaint will be sent to the email address from which the complaint was sent or to the one provided by the User.
- The User cannot convey the rights or liabilities resulting from this contract (the Statue) connecting him/her with the Administrator onto any third party – without a written consent of the Administrator.
7. All resolutions which will turn out to be invalid or ineffective will not influence other resolutions importance. Ineffective resolutions will be replaced with such important resolutions which will suit economical sufficiency the best, intentions of both parties and the purpose of ineffective resolutions.