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§1. GENERAL PROVISIONS.
These Regulations define the general conditions, rules andmethod of providing television broadcasting services by DAMAH STREAMING &ENTERTAINMENT SRL situated Brasov, str. Carpatilor nr. 60, entered into theRegister of Entrepreneurs er under J08/1824/2021, FISCAL CODE: 44497972 REPRESENTED BY NEACSU IOANA.
Subscriber - a consumer who has concluded a serviceagreement with the Service Provider.Consumer - a natural person who concludes a legaltransaction which cannot be attributed to either his commercial or independentprofessional activities.Subscriber Account - an individual panel for each Subscriberincluded in the Application, launched by the Service Provider afterRegistration of the Subscriber.Broadcaster - a natural person, leagal person or commercialcompany that creates and compiles a program and distributes it or transfers itto other people for distribution.Regulations - these regulations of service.Registration - an activity laid down in the Regulations,necessary for the activation of the Services, which the Subscriber performsindependently.Distribution - broadcasting the program via wireless or wired means for reception by receipients.Website - website www.rxf.ro enabling access to Services provided by the Service provider, ensuring storage, processing, sending andreceiving data on a Telecommunications Terminal Equipment, not requiringinstallation, available via the Website.ICT System - a set of cooperating IT devices and software,ensuring processing and storage, as well as sending and receiving data viatelecommunications networks using a Telecommunications Terminal Equipmentappropriate for a given type of network.Program - an organized set of programs, commercial or othermessages, distributed as a whole, in a manner enabling simultaneous receptionby the recipients in the arrangement set by the broadcaster.PPV - paid service of watching the Program distributed onlyvia ICT Systems.Telecommunications Terminal Equipment - a telecommunicationsdevice intended to be connected directly or indirectly to network terminals.Agreement - Agreement for the provision of Servicesconcluded with the Service Provider.Service - a service providing the possibility to receive theProgram distributed by the Service Provider only via ICT Systems.Service provider - DAMAH STREAMING & ENTERTAINMENT SRL situatedBrasov, str. Carpatilor nr. 60, entered into the Register of Entrepreneurs erunder J08/1824/2021, FISCAL CODE: 44497972 REPRESENTED BY NEACSU IOANA.
§3. GENERAL PROVISIONS ON THE USE OF THE WEBSITE.
All rights to the Website, including proprietary copyrights,intellectual property rights to its name, Internet domain, as well as topatterns, forms and logos belong to the Service Provider, and they may be usedonly in the manner specified and in accordance with the Regulations afterobtaining the consent of the Service Provider.The Service Provider will make every effort to ensure thatthe use of the Website is possible for Subscribers using web browsers,operating systems, devices, Telecommunications Terminal Equipments,telecommunication networks, internet connections with the parameters described in
§5; Service Provider is not responsible for the failure to meet theparameters.The Service Provider uses the "cookies" mechanism,which are saved by the Service Provider's server on the hard drive of theSubscriber's Telecommunications Terminal Equipment when the Subscribers use theWebsite. The use of “cookies” is aimed at the correct operation of the Websiteon the Subscriber’s Telecommunications Terminal Equipment. This mechanism doesnot damage the Telecommunications Terminal Equipment and does not cause anyconfiguration changes in the Subscriber’s Telecommunications Terminal Equipmentor software. Each Subscriber can turn off the „cookies” mechanism in the webbrowser of the Telecommunications Terminal Equipment at any time. The ServiceProvider advises that it could cause difficulties or unable the correct use of thewebsite, which the Service Provider does not take responsibility for.In order to set up a Subscriber Account, it is necessary forthe Subscriber to have an active e-mail account and a permanent e-mail address.The Service Provider does not consent to the use of a temporary e-mail addressby the Subscriber for this purpose. The Service Provider reserves the right toverify the e-mail address provided by the Subscriber in the above-mentionedscope. If the Service Provider finds that the Subscriber uses a temporarye-mail address, the Service Provider may decide to immediately block theService purchased on such an Account due to a gross violation of the provisionsof these Regulations. The Subscriber is not entitled to request a refund of thefee previously paid for the Service, which has been blocked by the ServiceProvider for the reasons indicated above.It is forbidden for the Subscriber to provide illegalcontent and to use the Website or the Services provided by the Service Providerby the Subscriber in a manner that is against the law, decency, infringingpersonal rights of third parties or legitimate interests of the ServiceProvider. If the Service Provider finds the above-mentioned actions, it has theright to immediately block the Service purchased on such a Subscriber's Accountdue to a gross violation of the provisions of these Regulations. The Subscriberis not entitled to request a refund of the fee previously paid for the Service,which has been blocked by the Service Provider for the reasons indicated above.The Service Provider does not consent to the Subscriber'suse of the Services with the use of VPN (Virtual Private Network) and otherprograms of similar operation. If the Service Provider finds that theabove-mentioned software is used by the Subscriber, the Service Provider maydecide to immediately block the Service purchased on such a Subscriber Accountdue to a gross violation of the rules of these Regulations. The User is notentitled to demand a refund of the previously paid fee for the Service, whichhas been blocked by the Service Provider for the reasons indicated above.The Service Provider declares that the use of the Servicesprovided via the ICT system may be associated with the risk of obtaining andmodifying Subscribers' data by unauthorized persons, therefore Subscribersshould use appropriate technical measures to minimize the above-mentionedrisks. In particular, use anti-virus programs and programs protecting theidentity of those using telecommunications networks.The Subscriber is entitled to use the resources of theWebsite only for personal use. It is not allowed to use the resources andfunctions of the Application and the platform in order to conduct business bythe Subscriber that would infringe the interest of the Service Provider, inparticular, if it is connected with gaining financial benefits.The Service Provider is not responsible for the course andcontent of the Distributed Program, including the lists of fights, theirsequence and the related selection of competitors, as well as any changes thatmay, in particular, result from force majeure and other factors beyond theService Provider's control.
§4. REGISTRATION OF THE SUBSCRIBER ACCOUNT ON THE WEBSITE.
In order to create a Subscriber Account, the Subscriber isobliged to register.In order to register, the Subscriber should complete theregistration form provided by the Service Provider on the Website in the"Login" tab, then "Registration" and send the completedregistration form electronically to the Service Provider by using theappropriate functionality on the Website.When completing the registration form, the Subscriber hasthe opportunity to read the full version of the Regulations valid on the day ofregistration, accepting its content by checking the appropriate field in theform.After submitting the completed registration form, theSubscriber shall immediately receive, to the e-mail address provided in theregistration form, the Registration confirmation by the Service Provider. Atthis moment, an agreement is concluded for the electronic provision of theSubscriber Account management service, and the Subscriber gains access to theSubscriber Account and services made available under the Subscriber Account.The Service Provider is not responsible for the malfunctionof the Subscriber's e-mail, which may prevent him from completing theregistration process.Upon registration, the Subscriber may consent to the sendingof electronic notifications, the so-called newsletter, which is not absolutely requiredin order to gain full access to the Website.
§5. NECESSARY TECHNICAL REQUIREMENTS.
The Subscriber can issue a complaint to the ServicesProvider referring to defective performance of the contract concluded with theService Provider.The Service Provider recommends to issue complaints within14 days from the termination of the digital content Service.The complaint may be submitted, i.a in electronic form afterlogging in to the Subscriber's Account and selecting the Service to which thecomplaint is to be related. The Subscriber should describe the problem. Forthis purpose, it is recommended to use the available complaint form.The Service Provider shall immediately but not later thanwithin 14 days, consider complaints and provide answers in the manner in whichthe Subscriber submitted the complaint.
§8. WITHDRAWAL FROM THE AGREEMENT BY THE SUBSCRIBER.
The Subscriber has the right to withdraw from the Agreementfor the provision of Services within 14 days from the conclusion of theAgreement - in the case of paid content, provided that he has not started usingthe Service, which will be verified by the Service Provider each time. Thewithdrawal indicated in the preceding sentence should be made by sending adeclaration of will via the contact form.The period of time for withdrawal from the concludedAgreement begins from the date of the conclusion of this Agreement.In the event of withdrawal from the Agreement, it will beconsidered as void.The Service Provider is obliged to return all payments madeby the Subscriber immediately, not later than within 14 days from the date ofreceiving the Subscriber's statement on withdrawal from the Agreement.The Service Provider reimburses the payment using the samemethod of payment that was used by the Subscriber or another, if the Subscribersubmits such a request.If the payment channel through which the Subscriber made thepayment for the Service does not offer the possibility of refund, the ServiceProvider will refund the fee paid in a different way indicated by the Subscriber.For this purpose, the Subscriber will provide full data necessary to refund thefee by the Service Provider.The Subscriber has the right to make an explicit request tostart the provision of Services before the expiry of the 14-day period for submittinga declaration of withdrawal from the Agreement.The right to withdraw from the contract is not entitled tothe Subscriber in relation to contracts for the delivery of the content of theProgram distributed only through ICT Systems, if the performance began with theexpressed consent of the Subscriber before the deadline to withdraw from thecontract and after informing the Service Provider about the loss of the rightto withdraw from Contract.
§9. FINAL PROVISIONS AND CHANGE OF THE REGULATIONS.