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MEDIACUBE PAY USER AGREEMENT

Last update: 28.04.2022

The User Agreement creates a legally binding contract between you and MEDIACUBE in relation to your use of Mediacube Pay. It is important that you read it carefully. The Agreement applies to all users.

The English version is an introductory one and in case of inaccuracies, the Russian version takes precedence.

TABLE OF CONTENT

  • 1. Terms

  • 2. Warning

  • 3. General provisions

  • 4. User Registration

  • 5. Using Mediacube Pay

  • 6. Payments

  • 7. Rules for making Transfers

  • 8. Technical support

  • 9. Liability

  • 10. Other conditions

1. Terms

MEDIACUBE is MEDIACUBE WORLDWIDE LTD, a legal entity established and operating in accordance with the legislation of the Republic of Cyprus, registered under the number HE 401840, at 25 Martiou, 27, Mikael Tower, office 105A, Engomi, postal code 2408, Nicosia, Republic of Cyprus.

Mediacube Pay is a service owned by MEDIACUBE, located at https://pay.mediacube.co/landing, which is an authentication and identification system that provides the User with:

the ability to create a single account for authentication on a variety of online resources, including using single sign-on technology, when using which the User moves from one section of the portal to another without re-authentication;

the ability for the User to receive funds from MEDIACUBE under contracts between MEDIACUBE and the User, as well as transfer such funds to other Users in accordance with the Agreement.

Profile is a personal page of a registered User in Mediacube Pay.

Personal account is an website, access to which is provided by MEDIACUBE to the Users, through which they add their accounts on social media and (or) other services, manage the Balance, Funds and Loans of the profile, view the profile information and manage it.

Profile Balance is the total summary information of the Profile Funds and Profile Credits on the amount of all Income payable to the MEDIACUBE User.

Profile Funds are the Income payable by MEDIACUBE to the User.

Income is a User's remuneration under contracts between MEDIACUBE and the User, which is credited by MEDIACUBE to the User's account in Mediacube Pay and paid using Payment systems to the User's details specified in the Personal Account.

Profile Credits are funds reflected in the User's Balance Sheet, calculated on the basis of Income, which the User has the right to request as payment from MEDIACUBE against future accruals of Funds.

Rate is (commission) expenses of MEDIACUBE for the purchase (or conversion) of US dollars into another currency requested by the User in order to pay Income.

Additional services are the functionality of Mediacube Pay provided to the User.

Transactions are operations performed in Mediacube Pay, which include: operations for crediting Funds to the User; operations for adjusting User Credits (if applicable).

Login is an email address that the User chooses independently and specifies when registering with Mediacube Pay, through which the User will log in to the Personal Account.

Password is a keyword or a set of characters intended to confirm identity or authority.

Payment systems are systems through which the User has the right to receive payments from MEDIACUBE, including, but not limited to:

Transfer is an operation for debiting the User's funds from his Balance and crediting them to the Balance of another User in accordance with the rules specified in Section 7 of this Agreement.

Friend (Friends) - Users who have accepted the User's request in the Mediacube Pay system, through which the User has given permission to display the following personal data: first and last name, country, email address, Mediacube Pay wallet number, and displayed in the "Crew" section of the Mediacube Pay system.

2. Warning

PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING, ACCESSING, VIEWING INFORMATION, DOWNLOADING OR UPLOADING CONTENT, OR USING MEDIACUBE PAY, YOU

  1. ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS OF THIS AGREEMENT, AND

  2. YOU HEREBY CONFIRM THAT YOUR AGE IS SUFFICIENT FOR SUCH REGISTRATION IN ACCORDANCE WITH APPLICABLE LAW AND/OR THAT YOU HAVE ALL THE NECESSARY CONSENTS (FOR EXAMPLE, PARENTAL CONSENT) IN FULL COMPLIANCE WITH APPLICABLE LAW, INCLUDING CONSENT FOR THE PURPOSES OF INFORMATION PROTECTION LEGISLATION, OTHERWISE REGISTRATION WITH MEDIACUBE PAY AND ITS USE ARE PROHIBITED.

IF, IN ACCORDANCE WITH THE LEGISLATION OF YOUR COUNTRY, YOU ARE PROHIBITED FROM USING MEDIACUBE PAY, OR PARTS THEREOF, OR IF THERE ARE OTHER LEGAL RESTRICTIONS, YOU DO NOT HAVE THE RIGHT TO USE MEDIACUBE PAY. IN THIS CASE, YOU WILL BE SOLELY RESPONSIBLE FOR THE USE OF MEDIACUBE PAY OR ITS PARTS ON THE TERRITORY OF YOUR STATE IN VIOLATION OF APPLICABLE LAW.

3. General provisions

3.1. This User Agreement (the "Agreement") is a legally binding agreement between the User and MEDIACUBE governing your access and use of Mediacube Pay.

3.2. The collection and use of personal data carried out by MEDIACUBE in connection with your access and use of Mediacube Pay is described in the Privacy Policy located at: https://pay.mediacube.co/en/privacy

3.3. Mediacube Pay is a service that provides the User with:

  • the ability to create a single account for authentication on a variety of online resources, including using single sign-on technology, when using which the User moves from one section of the portal to another without re-authentication;

  • the ability for the User to receive funds from MEDIACUBE under contracts between MEDIACUBE and the User, as well as transfer such funds to other Users in accordance with the Agreement.

  • other services through the Mediacube Pay service requested by the User and approved by MEDIACUBE.

3.4. By accepting this Agreement, the User confirms their consent to the following terms and conditions provided for in the documents:

Studio User Agreement: https://assist.mediacube.network/l_rus/knowledge_base/category/35362

Privacy Policy: https://pay.mediacube.co/privacy

3.5. The Agreement, as well as the documents referred to by the Agreement, may be amended by MEDIACUBE without any special notice, the new version of the Agreement, as well as the documents referred to by the Agreement, shall enter into force from the moment it is posted on the Internet at the address specified in this paragraph (or the address referred to by the Agreement) unless otherwise provided by the new version of the Agreement and/or the documents referred to by the Agreement. The current version of the Agreement is always available on the page at: https://pay.mediacube.co/agreement

3.6. If MEDIACUBE has made any changes to the Agreement and/or documents referred to by the Agreement, with which the User does not agree, he is obliged to stop using Mediacube Pay. In any case, the User performing actions aimed at using Mediacube Pay after the entry into force of the new version of the Agreement and/or the documents referred to by the Agreement is a confirmation of the User's consent to the new version of the Agreement and the documents referred to by it.

4. User Registration

4.1. To access Mediacube Pay the User fills out the registration form: goes through the registration procedure by creating a Personal Account. All MEDIACUBE messages, including the first notification message about the completion of the registration procedure, are sent to the User at the email address that he specified in the "Login" field when registering his Personal Account. The login is unique and cannot be changed in the future.

4.2. If the use of additional Mediacube Pay features offered by MEDIACUBE in the Mediacube Pay service requires an additional Application and (or) clarification of User data, and (or) addition of User data, then such additional features are provided to the User only after MEDIACUBE receives such an application.

4.3. After registration, the User provides reliable Personal Data and payment details for Income payment paperwork.

5. Using Mediacube Pay

5.1. To use Mediacube Pay, the User:

5.1.1. Undergoes the procedure of registering a Personal account.

5.1.2. In order to solve difficult situations or obtain advice regarding the Services provided by MEDIACUBE, contact the Information and Technical Support Service using the means of communication and contact information specified in clause 8.2 of this Agreement.

5.2. The User undertakes to:

5.2.1. comply with the terms of this Agreement.

5.2.2. independently (personally) look through the terms of this Agreement, as well as monitor all changes and (or) additions to it. The User undertakes to understand them or, if any of the terms of the Agreement are not clear to the User, to request clarification of the terms of this Agreement from the responsible MEDIACUBE employees in the technical and information support service.

5.2.3. independently bear the risks of possible adverse consequences for them in case of loss and (or) disclosure of his Password by the User.

5.3. Restriction of User rights

5.3.1. The User is expressly prohibited from decompiling, disassembling, and otherwise studying the source code of Mediacube Pay.

5.3.2. The User is expressly prohibited from selling, renting, leasing for temporary use, using Mediacube Pay in any other way and in a manner other than the method of use stipulated in this Agreement.

5.3.3. The User is expressly prohibited from modifying Mediacube Pay.

5.3.4. The User is expressly prohibited from transferring the User Name and (or) Password to the Personal Account to third parties.

5.4. By agreeing to the terms of this Agreement and accepting the terms of this Agreement, the User hereby assures MEDIACUBE and guarantees MEDIACUBE that:

  1. The User complies with and will comply with all applicable laws, legislative acts, orders, and regulations and all relevant data privacy and security laws when performing the actions specified in this Agreement;

  2. The User provided reliable personal and payment data when registering with Mediacube Pay.

5.5. By providing Mediacube Pay, MEDIACUBE reserves the right to:

5.5.1. deny any User access to Mediacube Pay and block access to the User's Personal Account in the following cases:

  1. if the authentication and (or) authorization of the User has not been carried out, or MEDIACUBE has reason to believe that the authentication and (or) authorization of the User has been carried out with violations;

  2. if there are technical problems with MEDIACUBE;

  3. if the User's actions significantly violate this Agreement;

  4. if the User's actions cause property damage or damage to MEDIACUBE's business reputation.

5.5.2. make changes to the terms of the Agreement at any time and wholly at its sole discretion.

5.5.3. suspend the operation of Mediacube Pay or hardware upon detection of significant malfunctions, errors, and failures, as well as for the purpose of preventive maintenance and prevention of unauthorized access at any time at its sole discretion and (or) during the occurrence of such a need for an unlimited time.

5.5.4. use the services of Third Parties to fulfill their obligations under this Agreement, without incurring liability to the User using such services.

5.5.5. disclose information about the User only in accordance with the legislation of the country of registration of MEDIACUBE.

5.5.6. expand, modify, shorten, edit and refine the functionality of the Mediacube Pay service.

5.6. MEDIACUBE publishes official messages related to User service and (or) modification (addition) of legally important information on the public official Mediacube Pay website.

5.7. MEDIACUBE does not use the User's personal and payment data obtained during registration for any selfish purposes and guarantees non-disclosure of this data, except in cases where disclosure of such information is MEDIACUBE's responsibility by virtue of the legislation of the country of registration of MEDIACUBE.

6. Payments

6.1. After registration, the User in the Personal Account with the help of the Profile Balance gets access to tracking the amounts of Income, which is subsequently paid to the payment details specified in the User's Personal Account.

6.2. For the purpose of paying Income, one of the offered Payment Systems is used. The User confirms that they are familiar with the rules of using the Payment System they have chosen. The rules for using the Payment System are posted on the official Internet pages of the relevant Payment System.

6.3. All expenses related to bank transfer (bank fees for transfer, conversion, etc.), as well as expenses incurred by MEDIACUBE as a result of making a transfer using electronic payment systems, fees, taxes are deducted from the User's Income. All taxes established by the legislation of User registration are paid by the User in the state of his registration independently.

6.4. Profile funds are formed within 5 (five) business days after funds are credited by the Platform, other platforms, and (or) third parties to MEDIACUBE. Funds are credited to the User's Personal Account automatically based on income reports.

6.5. MEDIACUBE has the right to withhold part of the User's Income in cases of providing Additional Services in the amount and in the manner determined by the agreement of the parties.

6.6. If the User deletes the Personal Account or during the period provided to the User to restore the Personal Account, the funds owed to the User from the Platforms and (or) third parties have not been withdrawn, MEDIACUBE, at the request of the User, pays the remainder of the Income within 30 (thirty) calendar days.

6.7. If the User has declined the MEDIACUBE services, then at the request of the User, MEDIACUBE pays the amount of Income accumulated on the User's account in Mediacube Pay.

6.8. The User's income is credited and displayed in Mediacube Pay in US dollars.

6.9. In the event that the User wishes to receive payment of Income in a currency other than US dollars, or it is impossible to receive payment of Income in US dollars given the chosen by the User method of paying the Income to them due to the restrictions established by the national legislation of the User's state; as well as when the User wishes to request payment of Income otherwise, taking into account the functionality of Mediacube Pay, payments of Income are made at a special Rate, which is brought to the attention of the User at the time of choosing the appropriate method or currency. The User agrees that the Rate is fixed by Mediacube independently.

6.10. The payment of Income to the User is made by clicking the button in the Personal Account called "Withdraw to account" within 30 (Thirty) banking days. When crediting funds to the User through Profile Credits, MEDIACUBE has the right to charge an additional commission.

6.11. Profile Credits represent the amount that, based on MEDIACUBE data, the User will receive in the future, and which MEDIACUBE can pay to the User against future receipts.

6.12. Profile Credits are generated no later than 3 days from the date of accrual of Income to the User.

7. Rules for making Transfers

7.1. This section defines the conditions for making Transfers when using the Mediacube Pay service.

7.2. MEDIACUBE provides Users with the ability to make Transfers if the User meets all of the following conditions:

7.2.1. The user is a private person;

7.2.2. The User has passed the verification process;

7.2.3. The User has activated two-factor authentication.

Further, in this section (Section 7 of the Agreement), Users will be understood only as Users who meet the conditions specified in paragraphs 7.2.1 – 7.2.3 of the Agreement.

7.3. The User has the right to make Transfers only to Friends who comply with clause 7.2.1 – 7.2.3 of the Agreement. If the User complies with clause 7.2.1 and does not comply with clause 7.2.2. and (or) 7.2.3, he has the right to provide information and perform actions necessary to comply with clause 7.2.2. and (or) 7.2.3.

7.4. To make a Transfer, the User must:

7.4.1. Click on the "Transfer" button located in the Balance card in the system Mediacube Pay;

7.4.2. Select a Friend to whom the Transfer is being made;

7.4.3. Specify the Transfer amount;

7.4.4. Pass additional authentication.

7.5. To make a Transfer, the User is obliged to perform the actions specified in clause 7.4 of the Agreement in the order (sequence) specified in clause 7.4 of the Agreement.

7.6. The User agrees that MEDIACUBE is not responsible for the amount of the Transfer, the User's mistakes when performing the actions specified in clause 7.4 of the Agreement.

7.7. The User looked through and agrees that MEDIACUBE does not cancel the Transfer (refund of funds transferred by the User), regardless of the reasons for the erroneous (incorrect) transfer, as well as the reasons why the User expressed a desire to cancel the Transfer.

7.8. In addition to what is specified in this section, the User has the right to request a Transfer to any other User if such User provides confirmation of the rights to the Transfer amount of another User.

8. Technical support

8.1. MEDIACUBE provides free technical and informational support by email specified in Mediacube Pay. The User can send his request via the form in Mediacube Pay. MEDIACUBE will make every effort to provide a qualified and effective response to every User request.

8.2. Technical support email address: support@mediacube.network.

9. Liability

9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  1. IN ANY CASE, MEDIACUBE IS NOT RESPONSIBLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOST PROFITS OR LOSS OF DATA, AS A RESULT OF AN OFFENSE (INCLUDING NEGLIGENCE) OR ON OTHER GROUNDS THAT ARISE AS A RESULT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE Mediacube Pay, INCLUDING, BUT NOT LIMITED TO, ANY LOSSES CAUSED BY OR ARISING FROM THE USE BY THE USER OF ANY INFORMATION RECEIVED FROM MEDIACUBE, OR ARISING FROM ERRORS, ACTS OF INACTION, DELAYS, DELETION OF FILES OR EMAILS, ERRORS, DEFICIENCIES, VIRUSES, DELAYS IN FUNCTIONING OR TRANSMISSION OR DETERIORATION OF CHARACTERISTICS, REGARDLESS OF WHETHER THEY ARE CAUSED BY NATURAL DISASTERS, FAILURE OF COMMUNICATION SYSTEMS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DOCUMENTS, PROGRAMS OR MEDIACUBE SERVICES; AND

  2. IN ANY CASE, THE TOTAL LIABILITY OF MEDIACUBE UNDER THE AGREEMENT, WARRANTY, AS A RESULT OF AN OFFENSE (INCLUDING NEGLIGENCE EXPRESSED IN ACTION OR OMISSION, OR IMPUTED NEGLIGENCE), UNCONDITIONAL LIABILITY OR OTHER LIABILITY THAT ARISES AS A RESULT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE Mediacube Pay, DOES NOT EXCEED THE AMOUNT OF $100.

9.2. The User agrees to indemnify, defend and release MEDIACUBE from liability in respect of any claims, losses, damages, obligations, including legal support costs, that arise as a result of violations by the User (for example, violation of the rights of any third party, violation of the Agreement or any other applicable agreements regarding the use of Mediacube Pay or violation of representations and warranties made by you under this document. MEDIACUBE reserves the right to exercise, at the User's expense, the exclusive protection, and control of any claim for which compensation is required for MEDIACUBE, and the User agrees to cooperate with MEDIACUBE in the protection of such claims. MEDIACUBE will use all reasonable efforts to inform you of any such claim, action, or proceeding that it becomes aware of.

9.3. MEDIACUBE is not responsible for any damage to the User's or other person's electronic devices, mobile devices, any other hardware or software caused by or related to the use of Mediacube Pay.

9.4. The User bears all possible risks of adverse consequences in case of entering false personal data, deliberately false information, personal data of third parties into the Profile, including, but not limited to, the risks associated with bringing MEDIACUBE and (or) third parties to responsibility. In case of initiation of proceedings in accordance with the procedure established by law as a result of illegal actions by the User, the presence of justified claims of third parties, MEDIACUBE has the right to disclose the User's personal data, and the User undertakes to act on the side of the debtor, the defendant, the person against whom the process is being conducted.

10. Other conditions

10.1. Mediacube Pay is provided on an "as is" basis, and MEDIACUBE does not give the User any guarantees or representations. In particular, MEDIACUBE does not guarantee that:

  1. using Mediacube Pay will meet the User's needs;

  2. Mediacube Pay's operation will be uninterrupted, secure, or error-free;

  3. any information received by the User as a result of using Mediacube Pay will be accurate and reliable.

10.2. This Agreement is governed by and interpreted in accordance with the laws of the Republic of Cyprus. All disputes arising in connection with this Agreement are subject to mandatory pre-trial settlement by the Parties, and in case of failure to reach an agreement within the framework of pre-trial settlement of the dispute - in a court having jurisdiction at the location of MEDIACUBE.

10.3. All questions and claims related to the Agreement should be sent to the email address: support@mediacube.network.

10.4. The invalidity of one of the clauses of the Agreement does not entail the invalidity of the entire Agreement.

10.5. MEDIACUBE grants the User a full, worldwide, and non-exclusive license to use Mediacube Pay without the right to transfer the rights to such use to third parties.

10.6. The User recognizes the legal force of the texts of documents received by e-mail on a par with documents executed in simple written form on paper. Any documents that were sent using e-mail have full legal force only if these documents are sent to the User's e-mail address specified as the Login during registration. MEDIACUBE assumes no responsibility if the User specifies an incorrect email address.

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