Terms of use

FLIPBELL TERMS OF USE




A) This User Agreement(hereinafter referred to as the "Agreement"), is a public offer to any adult individual who has registered / authorized on the Site in the manner provided for by this Agreement and using any of the provided FlipBell features (hereinafter - the "User" or "Author") which is a Party to Ministry of Electronics and Information Technology Law of India November 1, 2019 (hereinafter referred to as the Memorandum), as well as the administrator and copyright holder of the flipbell website .com(including mobile applications) (hereinafter - “FlipBell.comSite” or “Site” or “flipbell.com”), which provides an unlimited number of persons (Users / Authors) with the opportunity to download, post via the Internet through the IP-address , store, view, promote and carry out other actions in relation to Materials and Information.



B) In this Agreement, terms and definitions not specified in clause 1 may be used. Agreement. In this case, the interpretation of such a term is made in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of the term or definition in the text of the Agreement, one should be guided by its interpretation defined: first of all, by the Mandatory documents indicated in it, secondly by the legislation of the India, and subsequently by the customs of business and scientific doctrine.

Use by the User of the Site and / or any Service of the Site, in any way and in any form, within the limits of its declared functional capabilities, including: (a) registration and / or authorization on the Site or in any services of the Site; (b) access to the Site or to any services of the Site using the Mobile Application; (c) other use of the functionality of the Mobile application and / or the Site or any services of the Site,

creates an agreement on the terms of this Agreement and the documents binding on the Parties specified therein, in accordance with the provisions of Articles of the Civil Code of the India.



C) Using any of the above possibilities for using the Site, the User confirms that:

c.1) I got acquainted with the terms of this Agreement and the Mandatory documents specified in it in full before using the Site or any services of the Site.

c.2) Accepts all the conditions of this Agreement and the Mandatory documents specified in it in full without any exceptions and restrictions on the part of the User and agrees to comply with them or, in case of disagreement with any conditions of this Agreement, the User is obliged to completely refrain from using Site or any services of the Site in any form. Ignorance, unfamiliarity with the terms of this Agreement (and / or any other Mandatory documents) does not relieve the User from liability for non-compliance with its terms,

c.3) Putting a mark in the corresponding field during registration / authorization on the Site (as well as using the Login and Password to access the Site and / or any services of the Site, including mobile applications) in conjunction with other relevant actions of the User are recognized by the Parties as an analogue of a handwritten signature user at registration (via software) of electronic documents sent from the user to the Administration, including obtaining any required consents (including consent to Obra whence personal data) and confirmations from the User and / or exchanged between the Parties, including recognized by the Parties by observing the written form of the transaction, observing the requirement for a signature, if a person completes a transaction using electronic or other technical means that allow reproducing on a physical medium in unchanged the content of the transaction, and the above actions of the User, are considered as agreed by the Parties in a way that can reliably determine the person who expressed their will to conclude the transaction.



D) The Agreement (including any of its parts) and / or the Mandatory documents specified in it may be changed by the Administration without any special notice to the Users. The new version of the Agreement and / or the Mandatory documents specified in it shall enter into force from the moment it is posted on the Site or brought to the attention of the User in another convenient form, at the discretion of the Administration, unless otherwise provided by the new version of the Agreement and / or the Parties binding on it documents, the User independently bears the burden of checking changes and / or additions to the Agreement. The current version of the Agreement is always on the page at: https://flipbell.com/site-pages/agreement .



E) The user agrees to use FlipBell, the Site and any services of the Site, in accordance with the norms of the current legislation of the India, not to interfere with the operation of the Site and / or the services of the Site, including Embedov, and do not try to access the Materials, Information and functions of the Site and / or Site services in ways not directly provided by the Administration.



F) When the User addresses the Administration, the User has the right to request from the User documents confirming the information specified in the appeal, and the User’s right to send such a request. If the User fails to provide the documents requested by the Administration or information, the Administration has the right not to carry out any actions in connection with the appeal of the User.



G) The use of FlipBell, the Site (including mobile applications), including any services of the Site, is governed by this User Agreement of the Flipbell.com Site (https://flipbell.com/site-pages/agreement ), and other Mandatory documents , namely, Privacy Policy of the Site ( https://flipbell.com/terms/privacy-policy ), Consent to the processing of personal data ( https://flipbell.com/site-pages/personal/ ), User Agreement for the FlipBell Service "LIST" ( https://flipbell.com/site-pages/club ) and other Mandatory documents, namely, the Rules for the consideration of applications of copyright holders (and / or authorized copyright holder lem of a person) related to the placement by users of content on the FlipBell.com website (https://flipbell.com/site-pages/reglament/ ), Cookies Policy (Information about the use of cookies on the Site and in the FlipBell.com Services) (https://flipbell.com/site-pages/cookies ), as well as other agreements and terms referred to in the text of this Agreement.



H) This Agreement and Mandatory documents are recognized by the Parties to the agreement concluded by the Parties in writing by drawing up one document (including electronic) signed by the Parties, in the manner provided for in clause (c.3) above. The user must print or save on a local disk a copy of this Agreement and Mandatory documents, as well as maintain such copies in the current edition.



1. Terms used in the Agreement:

1.1. FlipBell- the Administration’s integrated hardware-software technological complex, which is the result of intellectual activity in the form of a computer program, and containing information accessible to an indefinite number of persons and allowing any person, under the conditions established by the Administration, to download, post, store, via the Internet via the Internet, get access to such information, view, promote and carry out other actions in relation to such information, from any place and at any time on your own any choice by means of computers and / or other, including wireless, portable devices (PDAs, telephones for cellular networks or other wireless communication networks, etc.) using any technology, standards and protocols (web, wap, IP TV and etc. ) as well as through computer programs specially designed for specific mobile operating systems (iOS, Android, Windows Phone, etc.), telephone sets for cellular communication networks (mobile applications), computer programs specially designed for bringing audio, video, and audiovisual works to the general public of Internet users through devices such as television sets, independently or using additional equipment that provides access to the Internet and viewing RA of the above works (Multiscreen TV, STB, Smart TV technology, etc.). All Materials and Player are intended solely for personal non-commercial use within the technical capabilities provided by the Site or any services of the Site. Any copying, reproduction, processing,



1.2. Website- a part of FlipBell Internet site, which is an integrated set of software, hardware and hardware, as well as information expressed in text, graphic, video, sound and other forms, available online in the global Internet and identified by its unique address (URL): flipbell.com, which is an integral and essential part of the technological process, the sole purpose of which is the legitimate use of works, and the transfer of works to information and telecommunications ion on the Internet, as well as an integral and essential part of the technology to ensure the functioning of the Site Administration Site to the extent determined by the architecture and functionality of the Site, and display Content, including within the interface of the site images, including by bringing the Content to the public. Rights to all objects that make up the design of the Site or any service of the Site (including mobile applications) in general and its individual elements, to the FlipBell Player computer program designed to receive audio / visual / audiovisual works posted on the Site, as well as on the database, which is the aggregate of Materials and Information posted on the Site (hereinafter, the "Database"), belongs to the Administration.



1.3. Mobile app- a separate part of FlipBell and / or the Site, a computer program (software) installed and functioning on any device running a mobile operating system (iOS, Android, Windows Phone, etc.), as well as on a device such as a “television receiver” with Support for Multiscreen TV, STB, Smart TV or other similar technologies (independently or using additional equipment), designed to bring to the public the Content or a separate unit of Content through such devices, as well as to distribute s copies of the Content by storing into memory of such devices. At the same time, “saving” is not a temporary recording of Content in the device’s memory, which is an integral and essential part of the Streaming process (the so-called transit storage,



1.4. Embed - embeddable with the help of html-code, containing a link to the player of the Site, a separate part of the Site, providing the display (display) of Materials on the Internet sites of third parties without going to the Site.



1.5. Author - A user who has registered on the Site in order to gain access to additional features (services) of FlipBell. Any User who has reached the age from which he can enter into a legally binding contract with the FlipBell Administration can be the author. Further in the text, the concepts of "Author", "User" are considered interchangeable.



1.6. Rightholder - a person who owns the rights to use an audiovisual work (in general or its individual elements), which has provided the Administration with original materials of audiovisual works (through a separate written agreement), the right to use of which belongs to the Rightholder, in the framework of interaction and cooperation, including in order to protect the rights of the Rightholder to use the above audio / visual / audiovisual and other works.



1.7. Materials (Content) - audio, video and other (multimedia) materials (including audiovisual works) uploaded (posted) by the Author and / or the Copyright Holder (or another person on behalf of the Copyright Holder) directly to FlipBell.



1.7.1. User content - audio, video and other (multimedia) materials (including audiovisual works) uploaded (posted) by the User (Author) directly to FlipBell.



1.8. Information - graphic and text materials (including userpics, comments, texts, etc.) uploaded (posted) by the Author on FlipBell.



1.9. The rights protection system is a computer program that the Administration can use, which allows you to verify the Materials with the original materials of the audiovisual works provided by the Copyright Holders, and if Materials containing fragments (in the part of the audio, video or audiovisual series) are identified with the audiovisual work of the Copyright Owner, carry out processing of such Materials and actions agreed with the Copyright Holder, based on the functionality of the System.



1.10. Territory - the territory of the country of location of the User, determined by automatic identification by specialized software algorithms of the Site and / or Administration (including using automated technologies for determining the country by IP address) at the time of the User’s access to FlipBell, the Site and / or any service of the Site.



1.10.1. Territory number 1 - the territory of the India.



1.10.2. Territory No. 2 - the territory of the countries included in the India



1.10.3. Territory number 3 - the territory of IN.



1.10.4. Territory No. 4 - the territory of other countries outside the Territory No. 1, Territory No. 2, Territory No. 3.



1.11. Personal Account (Account)- a personal section of the Site, to which the User gains access after passing registration and / or authorization. The personal account is intended for storing the User’s personal data, downloading Content, viewing and managing the available functionality of the Site and the services of the Site. When registering on the Site, the User has the right to indicate in the Account his personal pseudonym (nickname) of the Author, which will be reflected on the User’s Personal Page, and when the User places (uploads) Materials and Information. The author’s nickname should not contain profanity and expressions that can be considered offensive, as well as language and words that violate the rights and legitimate interests of third parties. The administration provides the User with the opportunity to create only one personal single account (profile) within the Site.



1.11.1. Login, password - unique character sets (numbers, letters, signs) issued to the User in the process of registering and / or authorizing (and / or restoring access) on the Site, and which the User needs for authorized access to his Personal Account on the Site ( including mobile applications), and / or authorized use of the Site and / or any services of the Site (including, Flipbell / LiST Servicebut not being limited by it). The password can be changed by the User in the manner prescribed by the text of this Agreement and / or in the Personal Account in accordance with the technical features of the Site interface. The login and password are collectively recognized by the Parties as an analogue of the User’s handwritten signature when processing (using software) electronic documents sent from the User to the Administration, including obtaining any necessary consent (including, Consent to the processing of personal data) and confirmations from the User, and / or exchanged between the Parties. The Administration proceeds from the fact that the electronic message, as well as the activation of any consent forms (for example, by putting a mark in the corresponding field) of the User to use certain functions of the Site and / or any services of the Site (including mobile applications) and / or any transfer - any information / consents to the Administration emanating from the User is sent personally by the User using the Login and Password, and confirms the corresponding will of the User.



1.12. Channel / Personal page - a section of the Site (personal page of the User / Author / Rightholder) provided to a specific User / Author and / or Rightholder if he correctly performs all the necessary registration actions on the Site having a network address of the form https://flipbell.com/video / person / [number] /, in which the Author (and / or the Copyright Holder, and / or another person authorized by the Copyright Holder) has the opportunity to post and / or delete Materials and / or Information, perform other actions in relation to this section within the framework of the technical capabilities of FlipBell, including Site. The User / Rightholder has the sole right to create, use and determine the content of such a Personal Page and the conditions for other Users to access its content for their own personal use. Except as otherwise provided by this Agreement and applicable Indian law, the Site Administration does not participate in the formation and use of the contents of the User’s Personal Page, is not the initiator of the placement and / or distribution of the contents of the User’s Personal Page on the Internet, does not select the recipient of such information, does not affect the integrity of such transmitted information (including does not make any changes or corrections to such content). The User acknowledges and accepts unconditional agreement with the fact that by posting information on his personal page, including the personal data of such a User, it can be available to other Internet users, taking into account the particular architecture and functionality of the Site.



1.13. Service “ FlipBell . pass ” - software that includes user, administrative and program interfaces (APIs) of a single personal account allowing the User to register and authenticate the user on the Site, in mobile and SmartTV applications on the Internet, exclusively for registering and authenticating the User on the website www.flipbell .com , the services of the Site, its mobile and other versions thereof. By accepting the terms of this Agreement, the User of the Site and Site services provides the Administration with Consent to the processing of their personal data(i.e. any information related to a directly or indirectly determined or determined individual (subject of personal data), which may include, but will not necessarily include, the following information:


surname, name, patronymic (if any); Date of Birth; contact information (number of the subscriber unit of mobile radiotelephone communication, number of the stationary subscriber device of telephone communication, email address (e-mail), etc.); city, country and / or address of residence (or address of registration at the place of residence (stay)); citizenship; floor; social network account; marital status; social status; information about the main identity document (number of the main identification document, information on the date of issue of the specified document and the issuing authority); mother tongue and / or knowledge of foreign languages; information about education; profession, specialization; official position; work experience; information on registration with the tax authority (tax identification number (if any)); insurance number of an individual personal account; area of ​​scientific interests; information about obtaining funding for training; information on the publication of scientific works (discoveries, inventions); IP address of Users' devices (unique network address of a node in a computer network built using the IP protocol); information from cookies (a small piece of data sent by the web server and stored on the User’s computer, which the web client or web browser sends to the web server each time in an HTTP request when trying to open the page of the corresponding site); information about the browser through which the User accesses the Site and / or any service of the Site (or other program that provides access to the display of advertising); access time to the Site and / or to any service of the Site (or mobile applications, including the SmartTV application); Internet address of the page on which the ad unit is located; referrer (address of the previous page); geolocation services data; any other information contributed / provided independently by the User of the Site (or from his device) on his own initiative, and which may be attributed to personal data.



The administration collects and processes the personal data of the Site Users, in accordance with the policies and provisions named in the preamble of this Agreement, and on the terms determined by this Agreement, in strict accordance with the requirements of Indian Law of Section 16 “On Personal Data” and defines the principles of processing and ensuring the security of personal data.



1.14. Integration activity- performance by the User of the mandatory actions necessary in cases determined solely by the Administration in order to enable the User to access the Content on FlipBell and / or the Site and / or in any service of the Site and / or any section of the Site (within the time period established by the Administration, after the User has performed the appropriate Integration activity), which may include the performance of certain actions either on a separate web page or in a special web-object integrated into the web page or and in the Mobile application, including through the use of special technologies for communicating information (for example, full-pop-up, full-wow-roll, etc.), with a description of the procedure for performing a certain action / actions (including in the format audiovisual or static activities: informational, interrogation, marketing, advertising, statistical and other nature) for interacting with the User before accessing the Content on FlipBell, and / or the Site and / or in any service of the Site, or in any subsection of the Site, or in the Mobile application, i.e. . prior to the beginning of the opportunity to reproduce the Content, access to which is provided in the appropriate section of the Site. The administration has the right, without any additional approval from the User, to establish the frequency with which the User must perform the appropriate Integration activity in order to start / continue viewing the Content, or in order to gain access to the Service and / or the corresponding section of the Service. and / or the Site and / or in any service of the Site, or in any subsection of the Site, or in the Mobile application, i.e. prior to the beginning of the opportunity to reproduce the Content, access to which is provided in the appropriate section of the Site. The administration has the right, without any additional approval from the User, to establish the frequency with which the User must perform the appropriate Integration activity in order to start / continue viewing the Content, or in order to gain access to the Service and / or the corresponding section of the Service. and / or the Site and / or in any service of the Site, or in any subsection of the Site, or in the Mobile application, i.e. prior to the beginning of the opportunity to reproduce the Content, access to which is provided in the appropriate section of the Site. The administration has the right, without any additional approval from the User, to establish the frequency with which the User must perform the appropriate Integration activity in order to start / continue viewing the Content, or in order to gain access to the Service and / or the corresponding section of the Service.



1.15. FlipBell Service “LIST” is a service provided within the framework of the Flipbell.com Website, which is essentially software located on the global Internet at https://flipbell.com/ and available to Users through installation and use of the program for computers (including the FlipBell application / media player) on various user devices (mobile devices: smartphones and tablets, and TVs with the so-called SMART TV function, and other devices that have access to the global Internet - hereinafter referred to as “Devices "), The procedure for using the cat cerned are regulated in addition to the text of this Agreement, as an independent User Agreement for this service ( http://flipbell.com/site-pages/club , and which allows persons located in the Territory in real time to view online, through the Service via the Internet, licensed full-length or short-length audiovisual works converted to digital formats (hereinafter referred to as “Video Content”), including: art, documentaries, non-fiction, educational, animated, films, television and video films, music videos, etc. In accordance with paragraph 3 of Art. 14 of the Indian Law of Section, the general age category of the Service is 18 + (separate Video Content of the Service is prohibited for children), while the Administration reserves the right to make licensed Video Content with other age categories available for viewing by Users.



1.16. Parties - the Administration and the User / Author, hereinafter collectively referred to as the "Parties", and separately from each other - the "Party".



1.17. “Player of the Company Site”, “Player of the Company Site”, “Media Player” - software owned by the Administration and / or managed by it (Computer Program), which is a separate part of the Site that allows the processing of the digital data stream transmitted from the Administration Server (including using the advanced digital video content protection technologies developed by the Administration, using one-time links and the HLS protocol), as well as displaying and / or reproducing the Content (User content and / or Copyright content) and / or Advertising Materials on the Internet without storing them in the permanent memory of User Devices (with the exception of creating temporary files (cache)).



1.18. In the text of this Agreement, terms not defined in Article 1 may be used. Agreement. In this case, the interpretation of such a term is made in accordance with the text of the Agreement. In the absence of a uniform interpretation of the term in the text of the Agreement, it is necessary to be guided by the interpretation of such a term, defined: first of all, by the legislation of the India, secondly - in the text of Mandatory documents, thirdly - on the Site, then - by the prevailing (commonly used) on the Internet.



2. The User / Author places and / or removes Materials and Information on FlipBell under the conditions determined by this Agreement and the Administration.



3. The registration procedure and user account:



3.1. To obtain additional FlipBell services, the list of which is determined unilaterally by the Administration (in particular, the ability to download, store, post and classify Materials and Information, access to specialized sections of the Site and / or to specific Content of Copyright Holders), the User must create an account on the Site (register) in accordance with clause 3.1.1. present agreement .



3.1.1. (A) For Users whose affiliation is defined as Territory No. 1: The User must create an account on the Site (register) through the interface of the FlipBell.pass service. During the registration process, the User may be required to:

enter your mobile phone number in the Indian format (+ ХХХХХХХХХХ); the phone number specified by the User during registration will be used as the login account;

enter the password provided to the User by the FlipBell.pass service in the form of an SMS message to the phone number specified by the User;

provide other data provided for by the registration form of the FlipBell.pass service.

Registration will be considered completed after the user correctly enters the password received by him in the SMS message to access the user account on the Site.

Also, after completing the registration procedure on the Site, in the User’s personal account, he may be required to fill out his personal data specified in the personal account.

Using the mobile phone number indicated by the User, when registering, also, in the future, the user will be logged into the User’s account on the Site and the password will be restored if it is lost.



The Administration informs the User that in order to gain access to the Content, the User may need to re-authorize on the Site and / or in any service of the Site (which is determined at the discretion of the Administration) through the FlipBell.pass service. If the User’s Device does not support automatic authorization, then Authorization in the context of this Agreement means the activation of the User Account by entering the mobile phone number (of any Indian mobile operator), and / or (at the discretion of the Administration) login and password, in the interface of the corresponding Registration forms Site.



b .1) either through the interface of the specialized service of the Administration “FlipBell.pass” (description of the registration procedure and other conditions identical to the description in clause 3.1.1. (a));



b .2)or through the accounts of social networks Facebook, Twitter, Webmail. When registering using information from social network accounts, the User selects a social network from the ones proposed by the registration form of the Site whose account will be used to create the account and the User’s Personal Account on the Site. The user is not entitled to use the authentication data of third-party accounts for registration. After the User selects the social network whose account will be used to create the Personal Account, registration is considered completed. At the same time, the user agrees to the use by the Administration of information from the user specified for registration of social network accounts.



b .3)or by indicating the User in the registration form of the Site, the current address of his email address (login) and password. To the email address specified by the User (e-mail), FlipBell automatically generates a temporary password and sends it to the email address specified by the User along with a temporary link created specifically for the specific User for the initial transition to the page of his account on the Site. The temporary password and temporary link are valid for 7 (seven) calendar days from the date of sending to the User. The fact of using a temporary password for authorization on the Site or clicking on the temporary link specified in this paragraph above is a confirmation of the User’s right to access and use the Site. After completion of registration, to the User, It is recommended that you change the temporary password to your own choice of your own. Using the e-mail specified by the User during registration, also, in the future, the user will be logged into the User’s account on the Site and the password will be restored in case of loss. Also, after registering in the User’s personal account, he may be required to fill out personal data.

Also, after passing the registration procedure on the Site (by the methods indicated above), in the User’s personal account, he may be required to fill out his personal data specified in the personal account.



3.1.1. (C) For Users whose affiliation is defined as Territory No. 3: by indicating by the User their mobile phone number, namely:

- enter your mobile phone number in the Indian format (+ ХХХХХХХХХХХХ); the phone number specified by the User during registration will be used as the login account;

- enter the password provided to the User by the Site service in the form of an SMS message to the phone number specified by the User;

- provide other data provided by the registration form of the Site.

Registration will be considered completed after the user correctly enters the password received by him in the SMS message to access the user account on the Site. Also, after completing the registration procedure on the Site, in the User’s personal account, he may be required to fill out his personal data specified in the personal account. Using the mobile phone number indicated by the User, when registering, also, in the future, the user will be logged into the User’s account on the Site and the password will be restored if it is lost.




3.1.1. ( D ) For Users whose ownership is defined as Territory No. 4: of their choice, the User must create an account on the Site (register):



d .1) either through the accounts of social networks Facebook, Twitter, Webmail, (the description of the registration procedure and other conditions are identical to the description in clause 3.1.1. (b.2));



d .2) either by indicating by the User in the Site registration form the current address of his e-mail (login) and password (the description of the registration procedure and other conditions are identical to the description in clause 3.1.1. (b.3)).

After passing the registration procedure on the Site (by the methods indicated above), in the User’s personal account, he may be required to fill out his personal data specified in the personal account.



3.2. Posting on the Site and storage of Materials and Information, as well as the use of other services provided by FlipBell, are possible only after the registration of the User is completed. The personal information of the Author, which became known to FlipBell in the process of registering and using FlipBell services, is stored and processed by the Administration in accordance with the terms of the Privacy Policy of the Site ( https://flipbell.com/terms/privacy-policy/ ).



3.3. The author has the right to edit and / or at any time delete his account from the Site either in the manner prescribed by the interface of the User’s Personal Account (if this is technically possible), or by sending the Administration from his email address to the email address info@flipbell.com Account deletion request. The administration activates the deletion function of the User Account within 30 (thirty) days after receiving the corresponding request from the User.



Immediately after activating the Delete User Account function on the Site, the account is automatically blocked for a period of 30 days, during which the Materials and Information and other data of the Author posted with its use are not deleted, but are hidden to other Authors and Users.



The user can restore his account by logging in to the Site within the above 30 days using the credentials of his account on the Site (login and password). After that, the User’s account will be restored, access to the specified Materials and Information and other data of the Author will be renewed to the extent that existed at the time of blocking (except for Materials and Information that violate the terms of the Agreement, other rules governing the operation of the Site and FlipBell, as well as applicable law India);



If the User’s account is not restored within the specified 30 days, after the specified period the account has been restored, the entire amount of Materials, Information and other data of the Author posted using this account, and unless otherwise specified in clause 3.5. of this Agreement are not subject to recovery.



3.4. The administration reserves the right to block or delete the User / Author account independently and at its own discretion in case the Author does not use the Site (not authorizing with his username and password) for 12 calendar months from the date of the last authorization, as well as in other cases provided for this Agreement. After that, the Account login will be available for use by other Users, and all User data will be deleted, except for the data specified in clause 3.5 of the Agreement. From this moment, the restoration of the Account, as well as any information related to it, is impossible. Data stored in accordance with clause 3.5 of the Agreement, from that moment will also be inaccessible to the User and third parties, and may be provided by the Administration only at the request of authorized bodies.



3.5. According to Part 3 of Section of the Indian Law of the India, the Administration is obliged, regardless of the consent of the User, to store and provide at the legitimate request of the authorized bodies: information on the facts of reception, transmission, delivery and (or) processing of voice information, written text, images, sounds, video or other electronic messages of the Users and information about the Users who have committed the listed actions - within one year from the date of completion of such actions. Also, the Site Administration reserves the right, if necessary, due to the technical features of the Site, to keep archival copies of the User’s content for the necessary period.



3.6. The administration reserves the right to optimize the quality of the content added to the Site by the User in cases of a decrease in the number of views according to the Rating of views (the number of total impressions of the content for the entire time since the User added the Content):



Duration View Rating Content Optimization Quality


≥ 6 months ≤ 500 ≥ 720


≥ 6 months ≤ 100 ≥ 600



3.7. The User is obliged to take all necessary actions to ensure the confidentiality of his Account (including mobile phone number, email addresses and passwords), and the User is solely responsible for any actions performed using his Account (mobile phone number, login, password ), for any violation of the User’s obligations under this Agreement, as well as for the consequences of any such violation / use (including any losses and damage that may result iknut as a result of such breach from the administration).

The user is solely responsible for the security (resistance to guessing) of his chosen (or unchanged temporary) password, and also independently ensures the confidentiality of his password.

All actions performed using the mobile phone number, username and password of the User are considered as actions of the User, except when the User, in the manner provided for in this Agreement, has notified the Administration of unauthorized access to the Site using his account and / or any violation (suspected violation) of the confidentiality of your password

The user is obliged to log out of his account (end each session by clicking the "Logout" button) before switching to third-party sites or closing the browser (Internet browser).





3.8. A user using the Site and / or any service of the Site confirms that he is an adult and capable (i.e., has reached the age of 18) in accordance with the current legislation of the India.





Use of the Site and / or any site service by minors may be carried out only under the control of the User who has reached 18 years of age, subject to the restrictions established by the current legislation of the India and this Agreement. A user who has reached 18 years of age under no circumstances provides / will not provide minors access to sections of the Site and / or any service of the Site, and / or Content intended for adult users prohibited from viewing by minors. A user who has not reached the age of 18 agrees to refrain from viewing sections of the Site and / or any service of the Site, and / or Content intended for an adult audience.





3.9. The user is fully responsible for the compatibility of his device with the Site and / or any service of the Site, and for the ability of his device to view and / or download Content. In case the User’s device does not support the format of the Content, the Administration does not bear any obligations.





3.10. The User is responsible for his own actions in connection with the creation and posting of comments on the Site and / or any service of the Site (if the functionality of the Site and / or any service of the Site allows the User to carry out such actions), as well as in connection with the placement of information on the personal pages of the Site and / or any service of the Site, in accordance with the current legislation of the India.





3.11. The author is fully responsible for any actions carried out in the process of using his account and is solely responsible for all actions (as well as their consequences) carried out within or using the FlipBell, Site, Site services under his account, including cases of voluntary transfer The author of the data to access the account to third parties on any terms (including under contracts or agreements).


4. Terms of placement of Materials and Information:


4.1. The author is not paid any remuneration for the uploaded Materials and / or Information, unless otherwise expressly provided for in special provisions posted by the Administration on the Site.



4.2. The author who has posted (uploaded) the Materials and Information legally owned by him directly on FlipBell through the Site, from the moment the start of the process of posting (download) of the relevant Materials and Information (and until the end of the term for posting the Materials and Information for any reason) grants the Administration a non-exclusive right use free of charge materials and information already posted by the Author on the Site and legally owned by the Author, in order to ensure that the Administration operates the Site to the extent determined by the functionality and architecture of the Site (including in other services and software applications of the Site and the Administration, as well as in advertising or marketing materials aimed at promoting the Site), using any technical means and any in a manner possible for FlipBell, including through images of the Site interface, including by providing wide access to the Materials, Information and / or their individual parts (fragments) and bringing the Material in, Information to the public within the Site or any services possible for FlipBell (mobile applications, IP TV, etc.), as well as by placing Embedov on any other Internet resources, placed in the Internet, so that any person can access any Materials from anywhere and at any time of their choice, including by using IPTV, ISDN, WAP and any other technologies, including wireless, or other analog and digital telecommunication and other networks, any systems communication), as well as by including the specified Materials, Information or any parts (fragments) of them in the promotional materials of the Administration (including by combining these promotional materials with other audiovisual works used in the decree goals, which in itself will not be considered as making significant changes or a correction in the Materials and Information of the Author or by active actions changing their integrity), and by communicating the Materials on air and by cable,

The expiration of the non-exclusive right, or the term for posting Materials and Information on the Site does not entail the Administration's obligation to withdraw from the civil circulation these Materials, Information used in conjunction with materials of the Site Administration.

The author agrees to provide the Administration with the above rights to use the Materials to third parties in the amount determined by the Administration.

The Administration receives from the User a non-exclusive right to use, free of charge, by publicizing within the Site, the Materials and Information already posted by the User on the Site and legally owned by the User solely for the purpose of ensuring the functioning of the Site, to the extent determined by the functionality and architecture of the Site (including to popularize the Site or other resources and services of the Site among other Users, including potential), but does not receive the right to an independent such placement of such Materials does not place them, and does not initiate such placement, and cannot be held responsible for the violation of intellectual rights associated with the placement of such materials. The administration has the right to use the corresponding user materials both with the name of the author of such materials and without the name of the author (the name of the user who posted the user materials may be indicated as the name of the author). If the User does not have the right to provide the Administration with the right to use any user materials in the indicated ways, he is obliged to refrain from posting such materials on the Site.

The Non-exclusive right provided by the User to the Site Administration to use the Materials and / or Information legally available on the Site and legally owned by the User on a free basis:

- is an integral and essential part of the technological process, with the sole purpose of the legitimate use of the work, and the transfer of the work in the information and telecommunication network, carried out by an information intermediary between third parties. Such use, in itself, does not have independent economic significance,

- is an integral and essential part of the technology for the Site Administration to ensure the functioning of the Site in the amount determined by the functionality and architecture of the Site and the display of Content, including through images of the Site’s interface, including by bringing the Content to the public.



4.3.The administration has the right to post on the Site pages containing the Materials and Information of the Author (as well as reproduce them through FlipBell, accompanied by the Materials, without affecting the integrity of the Materials), to carry out automatically (including through the software specially created for these purposes by the Company software or using third-party software) to convert files into various digital and / or electronic formats, solely for the purpose of their suitability for use on the Site and / or services Of the Site (including mobile and SmartTV applications) on the Internet using the User’s devices (digitizing, encoding, aggregating, compressing, indexing, performing other technical manipulations, including linking to the Content any relevant metadata, etc.), thus the implementation of these actions does not constitute changes or corrections to such Materials, or actions affecting the integrity of such transmitted Materials and Information; use the Materials for other purposes, the essence of which is to ensure that the Site Administration maintains the Site in the amount determined by the functionality and architecture of the Site, and / or display Content, incl. within the framework of images of the Site’s interface, as well as through technical support for creating conditions for bringing the Content to the public, i.e. perform actions that are an integral and essential part of the technology of the Site and any version thereof (including mobile applications and services of the Site). affecting the integrity of such transmitted Materials and Information; use the Materials for other purposes, the essence of which is to ensure that the Site Administration maintains the Site in the amount determined by the functionality and architecture of the Site, and / or display Content, incl. within the framework of images of the Site’s interface, as well as through technical support for creating conditions for bringing the Content to the public, i.e. perform actions that are an integral and essential part of the technology of the Site and any version thereof (including mobile applications and services of the Site). affecting the integrity of such transmitted Materials and Information; use the Materials for other purposes, the essence of which is to ensure that the Site Administration maintains the Site in the amount determined by the functionality and architecture of the Site, and / or display Content, incl. within the framework of images of the Site’s interface, as well as through technical support for creating conditions for bringing the Content to the public, i.e. perform actions that are an integral and essential part of the technology of the Site and any version thereof (including mobile applications and services of the Site). as well as through technical support for creating conditions for bringing the Content to the public, i.e. perform actions that are an integral and essential part of the technology of the Site and any version thereof (including mobile applications and services of the Site). as well as through technical support for creating conditions for bringing the Content to the public, i.e. perform actions that are an integral and essential part of the technology of the Site and any version thereof (including mobile applications and services of the Site).



4.3.1.The Site Administration has the right to make a decision on the placement on sites of the Site specially determined by the Administration (and / or in mobile applications, including the application for SmartTV), including outside the Player’s area (as well as in the specialized technological advertising “container” of the Player’s software interface, as described below) as graphic and / or interactive non-advertising information materials aimed at informing Users about the types of copyright content on the Site (as available on the Site , as well as planned for the appearance) and services of the Site, as well as graphic and / or interactive information materials (including third parties) of advertising content and / or social direction viability (including materials posted on all or part of the area of ​​the Site page (“Site header”, background of the Site page, etc.), for the purpose of integrated integration of the information campaign of advertising objects (goods, services, works, Customers, Customers trademarks)) using various technologies for the placement of information, interactive, advertising materials, videos, banners and announcements. Various sections and / or services of the Site (or mobile applications) may contain additional conditions governing the placement of advertising and / or advertising information materials.



In this case, by default, unless otherwise provided by the text of this Agreement, then such placement of information and / or information and advertising materials by the Administration on the Site outside the Player’s Square is not (directly or indirectly) any kind of monetization of user content, including due to advertising, as the placement of such information is carried out with the aim of posting the most complete information about the activities of the Administration and its services, the availability of copyright content available to the User for viewing on the Site (subject to the terms of this Agreement and other Mandatory documents), its products and services, and subsequent familiarization of interested persons with this information; and such information is not tied to the fact of the presence or absence of the Player, or the presence / absence of any content of the Player (including with user content), and is part of an independent information and / or information and advertising campaign funded either by the Administration or sponsored by Partners of the Administration (usually from among Copyright holders whose content is presented on the Site), but in any case, in the absence of any relationship with the contents of the Player with user content. And in the case of placing exclusively informational materials on the types and formats of copyright content posted directly on the Site, such placement is not aimed at the advertising and / or commercial nature of its use. funded either by the Administration or sponsored by the Partners of the Administration (as a rule, from among the Rightholders whose content is presented on the Site), but in any case in the absence of any relationship with the contents of the Player with user content. And in the case of placing exclusively informational materials on the types and formats of copyright content posted directly on the Site, such placement is not aimed at the advertising and / or commercial nature of its use. funded either by the Administration or sponsored by the Partners of the Administration (as a rule, from among the Rightholders whose content is presented on the Site), but in any case in the absence of any relationship with the contents of the Player with user content. And in the case of placing exclusively informational materials on the types and formats of copyright content posted directly on the Site, such placement is not aimed at the advertising and / or commercial nature of its use.



Moreover, by default, unless otherwise provided by the text of this Agreement, in the event of occasional placement of such materials in the program interface of the Site Player (or within the environment of the Player interface) with content automatically determined by the Site system as “User Content” (ie any content downloaded by the User under the terms of this Agreement, without concluding with the Administration a separate independent written license agreement, which may be concluded at the discretion of the Administration with by individual copyright holders for the so-called “Copyright Holder Content”), such placement, due to the specifics of the technology for integrating an independent “advertising container” into the Player’s software interface (Innovation Center),



- the display of any materials in the advertising “container” of the Player’s software interface with user content, due to the technological specifics of the Player of the Site, is usually carried out according to the principles of the technology “traffic embedding” (“pseudo mirroring traffic”; duplication of advertising “container” packets from the software interface of the Player with Copyright Content) and their playback is directly dependent on the activation of the Player’s functionality (pressing the play / pause / stop button), i.e. type, type, frequency of display of materials is carried out, regardless of the content of the video stream in the Player with user content,



- such accommodation, if any, including in case of embedding advertising traffic, it is carried out in an independent automatic mode through a system of automated auction placement technologies (Eng. "Real Time Bidding") without the direct participation of the Administration, and is an integral part of the technology exclusively of the Player itself, as software, but not a specific audiovisual work, played in the Player with user content,



- placement of such materials in the indicated ways of “traffic embedding” (“pseudo mirroring of traffic”) in the program shell of the Player’s interface in the Player with user content, due to the technological specifics of the functioning of the Site Player, it is usually verified by the Site system as either invisible and / or immeasurable impressions, or used for statistical and analytical purposes, but in any case it does not depend on the content of the video stream in the Player with user content, and not standard monetization models of copyright content are used (that is, content that is not placed in the Player with user-generated content), and the impressions themselves, if any, are marked as “not monetized” by the internal statistics system.



4.4. The author guarantees that he acts legally (for example, by proxy), has all the necessary rights to use the Materials, including allowing them to be used in accordance with the terms of this Agreement, and does not violate the legitimate rights and interests of third parties (including, but not limited to copyright, related rights, patent rights, the right to privacy, the protection of honor, dignity and good name, the right to an image of a citizen, etc.) and applicable Indian law ( Keys, but not limited to legislation on the rights to results of intellectual activity and means of individualization) is fully responsible for their deployment and use.



4.5. In the event of situations in which the Administration has doubts that the Author is the owner of the rights to any Materials and / or Information posted by him (including this fact was revealed through the System), or reason to believe that the Materials and / or The Information violates any rights or legitimate interests of third parties, or if the content of the Materials and / or Information contradicts the requirements of this Agreement and / or Mandatory documents and / or the current legislation of the India tion, the Administration has the right, at its discretion, to either request from the Author to provide documents of title confirming the legitimacy of the use of the content by the Author, or to delete the relevant Materials and / or Information from FlipBell, or to carry out actions with these Materials, agreed with the Copyright Holder, including, based on the functionality of the System (if it is established that the right to use the Materials belongs to the Copyright Holder, but not to the Author). In this case, in the case of removal of content, the Administration is not obliged to notify the Author of the above actions, including the removal of Materials and / or Information or the reasons for the above actions. This clause of the Agreement does not mean and cannot be interpreted as imposing on the Administration the obligation to regularly moderate (control over the content) of Materials and / or Information posted on FlipBell, but at the same time, at the discretion of the Administration, it has the right to selectively introduce episodic procedures for preliminary approval of additions by the Author Materials and / or Information (for example, but not limited to,



4.6. The Administration also reserves the unilateral right to remove from FlipBell and / or the Site Materials and / or Information that are not directly prohibited by the terms of the Agreement, but which the Administration has recognized as not complying with the Administration’s policy regarding the content of the Materials and / or Information, or ambiguous, as a result of which there are risks of recognition Materials and / or Information that do not comply with the applicable laws of the India.



4.7. If the Administration becomes aware of a possible violation of the terms of this Agreement, the Administration reserves the right to decide on the extent and nature of such violation, as well as delete the Materials and / or Information or impose an age and other restriction on Users' access to the Materials and / or Information. In the event that the User violates the terms of the Agreement or the current legislation of the India, the Administration has the right at its discretion and at its sole decision to restrict the access of such User to FlipBell services (capabilities) without any notification to the User about it.



4.8. Responsibility for unauthorized copying and use of Materials and Information is borne by persons who illegally used Materials and Information posted (uploaded) on Flipbell.



4.9. Materials and Information posted on FlipBell must meet the following conditions:



4.11.1. The materials, information and actions of the author should not violate the current regulatory legal acts of the India, insult the morality, honor and dignity, rights and legally protected interests of third parties, violate copyright and related rights, promote hatred and / or discrimination (and / or derogatory remarks ) people on racial, ethnic, gender or social grounds, to help incite religious, racial or ethnic hatred, contain scenes of violence or cruel treatment of animals and etc .;



4.11.2. Materials, Information and actions of the Author should not violate or infringe on the rights of minors;



4.11.3. It is forbidden to post Materials and Information that the Author has no right to make available by law or according to any contractual relationship;



4.11.4. It is forbidden to post Materials and Information that unlawfully affects any patent, trademark, trade secret or copyright and related rights of a third party;



4.11.5. The author does not have the right to download, post or otherwise distribute intrusive and unsolicited advertisements and correspondence, spam, “letters of happiness”, invitations to participate in financial pyramids, or to impose goods or services in other ways;



4.11.6. It is forbidden to post Materials and Information containing computer codes intended to violate, destroy or limit the functionality of any computer or telecommunication equipment or programs, to allow unauthorized access, as well as serial numbers to commercial software products, logins, passwords and other means for gaining unauthorized access to paid resources on the Internet;



4.11.7. The materials, information and actions of the author must not intentionally or accidentally violate any applicable India or international regulatory legal acts;



4.11.8. Materials and Information should not contain drug propaganda;



4.11.9. The author does not have the right to post Materials or Information that could be harmful, containing threats, obscene language, rude and abusive language and suggestions that contradict generally accepted moral standards, unlawfully use the personal information of third parties (including, but not limited to, the mention of any names, addresses and phone numbers or any other personal contact information without the consent of the owner)



4.11.10. It is forbidden to post materials and information of a pornographic nature.



4.14. The User agrees not to copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use any Materials and Information posted on FlipBell by third parties, including other Users and the Administration, except for the possibilities provided for by this FlipBell Agreement and Services.