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User agreement

1. This user agreement (the “Agreement”) governs the relationship between the administrator of the “bax.tv” service, which allows materials and information to be uploaded, published and viewed and other actions to be taken — Media Çalışmaları LLC (address: AZ1008, 2 Ü. Bünyadzadə Street, Baku, Republic of Azerbaijan) (the “Administrator”) — and the individual using the features of bax.tv (the “User”).

By using the site, the User confirms that they have read this Agreement and are familiar with its terms, and undertakes to use the site in accordance with the law of the Republic of Azerbaijan and not to use the site's information and functions in ways not provided by the Administrator.

If the User does not agree to the terms of the Agreement, the User must cancel their registration (see clause 3.8 of the Agreement) and stop using the site.

The Administrator may send the User informational materials, messages and notices related to the process and methods of using bax.tv. Where bax.tv allows it, the User may opt out of some of the Administrator's notices and news.

If the User contacts the Administrator with such a request, the Administrator may ask for documents confirming the information given in the request. If the User does not provide the documents requested, the Administrator is free not to take any action on the User's request.

2. Terms used in the Agreement

  • bax.tv — the Administrator's integrated hardware and software technology complex that provides information to an unlimited number of persons and gives any person access to it at any time and from any place — wirelessly, from portable devices (PDAs, phones or other wireless networks), using any technologies, standards and protocols (web, wap, IP TV, etc.) — and that brings audio, video and audiovisual recordings to Internet users through computer programs developed for specific mobile operating systems (iOS, Android, Windows Phone, etc.), on their own or using an additional device.
  • Site — the part of bax.tv that integrates hardware, software and technical means and presents information in text, graphic, video, audio or other form on the global Internet at the unique address (URL): bax.tv.
  • Embed — HTML code linking to the site's player that lets materials be shown on third-party websites without leaving them.
  • Author — a user who has registered on the site in order to use the additional features of bax.tv. Any user old enough to enter into a contract with the bax.tv Administrator may become an Author.
  • Materials — audio, video and other (multimedia) materials (including audiovisual works) uploaded (published) to bax.tv by the Author.
  • Information — graphic and text materials (including userpics, comments, texts, etc.) uploaded (published) to bax.tv by the Author.
  • Rights holder — a legal entity or individual that has provided the Administrator with the originals of audiovisual materials, owns them and is entitled to use them within the framework of interaction and cooperation.
  • System — a computer program that compares audiovisual works with the originals provided by the rights holder and handles the processing of these materials.
  • Channel — the section of the site given to a specific Author after registration. Here the Author can publish or delete materials or information and carry out various actions within the technical capabilities of bax.tv and the site.

The Author publishes materials and/or information on the terms set by this Agreement and by the Administrator.

3. User registration and account

3.1. To use the additional services of bax.tv, the list of which is set unilaterally by the Administrator (mainly uploading, storing, publishing and classifying materials and information), the User must register on the site by filling in the relevant fields in the “Registration” section.

3.2. The User signs in to their page with a login (e-mail address) and password.

3.3. The User chooses the login freely when registering.

3.4. To complete registration, the User must click the button “I accept the terms of the User Agreement and the Privacy Policy”.

3.5. bax.tv automatically sends a temporary password, together with a link created specifically for that User for access to their profile on the site, to the e-mail address the User gave when registering. The temporary password and the temporary link are valid for 7 calendar days from the moment they are sent to the User. Using the temporary password to sign in to the site, or accessing the site through the temporary link, confirms the User's right to use the site.

3.6. After registration, the Author is advised to change the temporary password.

3.7. Publishing and storing materials on the site, and using other services provided by bax.tv, become possible once the User has completed registration. The Author's personal data that becomes known to bax.tv during registration and while using bax.tv services is processed and stored by the Administrator in accordance with the Privacy Policy.

3.8. The Author may edit or cancel their registration on the site at any time.

An account is deleted according to the following rules:

  • The Author clicks the “Delete account” button in the “Profile” section of the site. Immediately afterwards the account is automatically blocked for 30 days; during this period the materials, information and other data published by the Author are not deleted but become inaccessible to other authors and users;
  • The User may restore their registration within those 30 days using the account details on the site (login and password). The User's account is then restored, and access to information and data (except data and information that breach the terms of the Agreement or the law in force in the Republic of Azerbaijan) is as it was before the block;
  • If the User's account is not restored within those 30 days, none of the Author's materials, information or personal data can be restored afterwards.

3.10. The Administrator may block and delete an account if the Author has not used it for 12 calendar months since it was last used, and in other cases provided for by the Agreement.

4. The Author's responsibility

The Author is responsible for everything done using the account and for keeping its password confidential. If confidentiality is suspected to have been breached, the Author must act immediately. The Author is responsible for the security of the chosen password and maintains its confidentiality on their own. The Author is responsible for activity carried out under their account, including where the Author voluntarily gives third parties access to the account on any terms. All actions on the site under the Author's account are deemed to have been carried out by the Author. The only exception is where the Author, in the manner provided for by this Agreement, has notified the Administrator that the site has been accessed through their account.

5. Terms for publishing materials and information

5.1. Unless otherwise provided by special terms published on the site by the Administrator, the Author receives no remuneration for the materials and information published.

5.2. An Author who publishes materials and information on bax.tv through the site grants the Administrator, from the moment of publication and on the terms of a simple licence, the right to use the materials and information or any parts of them in any way and in any form, by any technical means, including those that may appear in the future. This includes giving wide access to the materials, information and their parts within the services available to bax.tv (IP TV and others), and by placing embeds on other Internet resources on the global Internet. Any person will thus have access to the materials at any time without storing them in the memory of a computer or other wireless portable device, through technical methods (video on demand), subscriber video on demand, near video on demand, pay per view, etc., including via IPTV, ISDN, WAP and analogue and digital telecommunication systems. These materials, information or any parts of them may be included in other audiovisual works, used to create audiovisual works and, combined, broadcast throughout the world.

5.3. The Author agrees that the Administrator may grant third parties the right to use the materials, whether for a fee or free of charge.

5.4. The Administrator may publish the Author's materials and information on the site, show them through bax.tv together with third-party advertising materials, video clips, banners and announcements, and use the materials for other commercial purposes.

5.5. The Administrator may, but is not obliged to, give the Author any reports and/or information about the use of the materials and information the Author has published.

5.6. The Author warrants that they hold all rights to use the materials, including the right to consent to their use under the terms of this Agreement, and is responsible for their publication and use. The Author warrants that publishing the materials and information on bax.tv and using them in the future does not infringe the rights of others, does not restrict copyright, related or patent rights, and does no harm to anyone's honour and dignity, business reputation, private life or the regime of other confidential information protected by law.

5.7. If the Administrator suspects that the Author does not hold the rights to the materials or information published (including where the System has detected this), or that the materials and/or information infringe the lawful rights or interests of third parties, or that they contradict the Agreement or the law of the Republic of Azerbaijan, the Administrator may at its own discretion remove the materials and/or information from bax.tv or take an action regarding them agreed with the rights holder in line with the System's functionality. The Administrator is not obliged to notify the Author of these actions, of the removal of the materials and/or information or of the reasons for these actions. This provision of the Agreement cannot be interpreted as an obligation on the Administrator to moderate materials and/or information on bax.tv regularly. The Administrator also reserves the right to remove unilaterally from bax.tv materials and/or information that are not expressly prohibited by the Agreement but that the Administrator considers ambiguous or inconsistent with the law of the Republic of Azerbaijan.

5.8. If the Administrator learns that the terms of this Agreement have been breached, the Administrator, having decided on the breach, reserves the right to remove the materials and/or information or to restrict the user's access to them. If a user breaches the terms of the Agreement or the law of the Republic of Azerbaijan, the Administrator may restrict that user's access to bax.tv services as it sees fit.

5.9. Responsibility for unlawful copying or use of materials and/or information lies with those who unlawfully use materials published on bax.tv.

5.10. When materials and/or information are published on the site, the pseudonym (nickname) the Author gave at registration is shown. The Author's nickname must not contain obscene words or expressions, be offensive, or infringe the lawful rights and interests of third parties.

5.11. Materials and information published on bax.tv must meet the following conditions:

5.11.1. The Author's materials, information and activity must not breach the law of the Republic of Azerbaijan, offend the morals, honour and dignity of third parties, infringe copyright and related rights, promote hatred and/or discrimination against people on racial, ethnic, sexual or social grounds, contribute to religious, racial or inter-ethnic conflicts, or contain scenes of cruelty to animals or of violence;

5.11.2. The Author's materials, information or activity must not infringe the rights of minors;

5.11.3. Publishing materials and information that the Author has no right to share by law or under any contract is prohibited;

5.11.4. Publishing materials and information that infringe any patent, trademark, trade secret or copyright is prohibited;

5.11.5. The Author may not upload or publish intrusive and unnecessary advertising, spam, chain letters, invitations to take part in financial pyramids, or information about any goods and services;

5.11.6. Publishing computer code designed to disrupt, destroy or limit the operation of any computer or telecommunication equipment, as well as serial numbers of commercial software, logins, passwords and means of unlawful access to Internet resources, is prohibited;

5.11.7. The Author's materials, information and activity must not, knowingly or unknowingly, breach the legal acts of the Republic of Azerbaijan or of international law;

5.11.8. Materials and information must not promote narcotic drugs;

5.11.9. The Author may not publish materials and information that may cause harm, contain threats, swearing, crude or offensive expressions, contradict generally accepted moral standards, or make unlawful use of third parties' personal data (names, addresses, phone numbers or other information without the owner's consent);

5.11.10. Publishing pornographic materials and information is prohibited;

5.11.11. Other information whose distribution on an Internet information resource is prohibited by the law in force must not be published.

5.12. A user may not collect or store other users' personal data. The user undertakes not to collect materials from bax.tv for commercial purposes and not to survey other users for commercial purposes.

5.13. A user may not impersonate anyone else or act on behalf of an organisation or community without a legal basis.

5.14. The Administrator may, on its own, in any form and without notifying the user, create information links and notices warning users of age or other restrictions, and may restrict access to any materials and/or information. The Administrator may also remove or replace any word or expression it considers offensive to third parties, and may make changes to materials and information in accordance with the law of the Republic of Azerbaijan.

5.15. Users undertake not to copy, show, distribute, sell, license or otherwise use materials and information published on bax.tv by third parties, including other users and the Administrator. The only exceptions are the possibilities provided for by this Agreement.

5.16. By accepting the terms of this Agreement, the user consents to the Administrator processing the personal data provided at registration and published on the user's personal page. The user's personal data is processed in accordance with the law of the Republic of Azerbaijan and the Privacy Policy.

5.17. The Administrator is not responsible for the content of materials and information, their compliance with the requirements of current legal acts, copyright infringement, unlawful use of trademarks, trade names, etc., or for any possible infringement of third parties' rights in connection with publishing data and/or information on bax.tv. If third parties raise claims about the publication and/or use of materials and information on bax.tv, the Author settles those claims independently and at their own expense. The Administrator is also not liable to the user for harm caused by third parties, including through bax.tv and using bax.tv's features.

5.18. The Administrator strives to keep bax.tv running without interruption and is not responsible for the full or partial loss of materials and information uploaded by the Author, or for insufficient quality and speed of uploading and showing materials and information.

5.19. The Administrator gives the Author the right to publish information about themselves such as the user name on the site, a logo, trademarks and other means of identifying the Author and their goods, brief information about the Author's goods, a link to the Author's official website and the Author's photo. This information is not advertising for the Author or their goods and services; it serves solely to identify the materials and information the Author has published on bax.tv. The Author alone is responsible for any data and information they publish on the site.

5.20. The Author may delete, fully or partly and at any time, the materials and/or information they have published on bax.tv.

5.21. The Author independently monitors information published on their channel by other users and is independently responsible for breaches, in comments, of the terms of this Agreement or of the law in force in the Republic of Azerbaijan. If users post a comment contrary to this Agreement or to the law of the Republic of Azerbaijan, the Author must promptly notify the Administrator by writing to info@bax.tv and including the link to that material.

5.22. By publishing materials and information on the site, the Author agrees that they are responsible for their content and undertakes to take measures to resolve all claims and demands concerning the infringement of third parties' interests and of the law of the Republic of Azerbaijan.

5.23. Each Author, as the owner of the channel given to them, carries out the activity provided for by the law of the Republic of Azerbaijan concerning the number of users who have used their channel and commented on it.

6. Third-party sites and content

6.1. The site contains links/buttons that let users go to other websites and/or to audio, video and text materials published on them. The bax.tv Administrator does not check such links/buttons, or third-party content, for compliance with the user's requirements, the law of the Republic of Azerbaijan or the terms of this Agreement. bax.tv is not responsible for the information and materials published on third-party websites that the user reaches while using bax.tv, for the opinions and claims made on those sites, for advertising, for the availability of such websites and third-party content, or for the consequences of the user's use of that information.

6.2. The Author may publish links to, or information about, third-party content on the site using special bax.tv services (for example, an application for social networks).

6.3. To improve the quality of the bax.tv service, third-party content may be cached (temporarily stored on bax.tv). Bax.tv tries to keep the caching period short; it may last up to 7 days.

6.4. With the Author's consent, bax.tv may use materials the Author has access to on third-party sites solely to improve the quality and scope of the service provided to the Author.

7. Technical requirements for materials

7.1. Materials sent by the Author are published on bax.tv only if they comply with the rules set out in section 7 of the Agreement. If materials do not meet the requirements, the Administrator may decline to publish them.

7.2. Video and audio materials must be in common formats (Windows Media Video, Apple QuickTime, MPEG 1-4, DivX, XviD, 3gp) and no longer than 50 minutes. The page may also show the information listed in clause 5.19 of this Agreement to identify the Author.

7.3. Materials are published on bax.tv by uploading them through the site's user interface.

8. Notifications

To improve the service and keep Authors informed about new bax.tv services and features, the Administrator may send notifications to the e-mail address the Author gave at registration. They will contain no third-party advertising and will be sent to the Author no more than once every 7 days. Notifications in the sense of this section do not include the Administrator's service messages about the Author's activity on the site or about the publication of materials or information, nor the Administrator's replies to the user's requests. The Author may change how often they receive information messages, or opt out of them, at any time: follow the “Unsubscribe from notifications” link at the bottom of a message to the relevant page and set the required order of messages, or choose the menu item that stops them. If the Author still receives messages as before after taking these steps, they should write to the Administrator describing the problem at info@bax.tv.

9. Nature of the Agreement

The Agreement is a contract on legal responsibility between the user and the Administrator and sets the terms of use of bax.tv, including the materials and information published on bax.tv and used in the future.

10. Governing law

This Agreement is governed by the law of the Republic of Azerbaijan. All disputes under the Agreement are resolved under the law of the Republic of Azerbaijan by the court at the Administrator's location.

11. Notice of infringement

A person who believes that their rights have been infringed by the actions of the Administrator or third parties related to the publication of any materials and/or information on bax.tv must notify the Administrator.

12. Current version of the Agreement

The current version of the Agreement is published on the site at bax.tv/en/sehife/video-portaldan-isitifade-sazisi. The Author agrees that the Administrator may change this Agreement unilaterally without special notice; the new version of the Agreement is published on the site at the same address. Any changes to the Agreement take effect immediately after the new version is published on the site. Using bax.tv after the new Agreement is published means agreeing to the changes. A user who does not agree to the changes stops using bax.tv and deletes their account on the site.

13. Changes required by law

If the authorities of the Republic of Azerbaijan adopt legal acts that wholly or partly affect the operation of the site, the Administrator reserves the right to make any changes to the operation of the site.

14. Disclaimer of warranties

The user fully understands and confirms that:

(a) the user uses the services at their own risk. The services are provided “as is” and “as available”. The Administration expressly disclaims any warranties, whether express or implied, including warranties of the quality of the services and their fitness for any particular purpose;

(b) the Administration does not guarantee that (1) the services will meet users' requirements, (2) the services will be provided without interruption, on time, without errors and securely, (3) the results of using the services will be reliable, (4) the quality of any goods, services, information or other materials obtained by the user through the site will meet your expectations, or (5) any errors in the software will be corrected;

(c) uploading and obtaining any material through the services is at the user's own risk, and the user alone is responsible for computer failure, data loss and other consequences;

(d) no advice or information obtained by the user from the Administration in writing or orally creates any responsibility for the Administration other than the warranties expressly stated in this Agreement.

15. Limitation of liability

The user understands and accepts that the Administration, even if warned, is not liable for any direct, indirect, incidental, special or consequential damages, such as lost profits, loss of data or damage to reputation, arising from: (1) the use of the services or the inability to use them, (2) changes to the terms of the Agreement, or obtaining data instead of information received through the services or concluded agreements, (3) lack of authority to access the user's data or changes to the data they provided that is stored on the server, (4) the actions or statements of any person on the site, or (5) circumstances relating to the service provided.