For the purposes of this document, the following terms are used with the following meanings:
1.1 Offer - this Agreement posted on the Internet on the Licensee's website: https://mcapital.agency or sent to the Licensor via e-mail in accordance by the rules provided for in paragraph 10.2 of this Agreement;
1.2 Acceptance of the Offer - full and unconditional acceptance of the Offer by the Licensor registering on the Internet Site of the Licensee: https://mcapital.agency indicating the Licensor's data in accordance by the requirements of the Licensee, or by performing any other actions provided for in this Agreement for Accepting the Offer;
1.3 Agreement - this License Agreement between the Licensor and PT Media Capital Agency, which is concluded by accepting the Offer;
1.4 Licensor - a person who has accepted the Offer, the owner of the exclusive right to the result of intellectual activity or a means of individualization, incl. audiovisual works (TV programs, broadcasts, announcements, copyright titles, films, videos) and other results of intellectual activity intended for communication on the Internet;
1.5 Licensee – PT MEDIA CAPITAL AGENCY ;
1.6 HTML Widget - markup (code) generated at the request of the User for the Content File(s) and containing a link to the Content File(s), which, when placed on the site page on the Internet by its administrator, allows other Users to View this File(s) ) Content in the Player without a direct transition of the User to the Service (embed technology);
1.7 Content - audiovisual works (TV programs, broadcasts, announcements, copyright titles, films, videos) and other results of intellectual activity, other objects (including textual information, graphics, artistic design of the inter-program space, Advertising blocks) in their entirety, in respect of which the Licensor has an exclusive right or other property rights that allow the Licensor to provide such results of intellectual activity intended for communication on the Internet.
1.8 Content Distribution - various ways to promote Content to the target audience using various media formats, using the most effective online communication channels.
1.9 Reporting period - calendar month. If the date of entry into force of the Agreement is not the first day of a calendar month, then the first Reporting Period is the period from the date of entry into force of the Agreement to the last day of such calendar month (for example, if the date of entry into force of the Agreement is October 6, then the first Reporting period will be from 6 to 31 October, the second Reporting Period will be from 1 to 30 November, etc.).
1.10 Player - software that allows the User to View Content directly from the Server by streaming.
1.11 User - any person using the service of the site on the Internet, within which the Content is available for Viewing.
1.12 Streaming is the transfer of the Content File from the Server to any User Device for the User to View the Content using technology that does not allow saving or otherwise copying the Content and/or its fragments upon completion of the transfer (except for caching and/or transit storage required for transfer to real-time, such as a data buffer).
1.13 Viewing - reproduction by the User of the Content (or a fragment of the Content) on any Device, carried out by the method of Streaming.
1.14 Advertising - advertising materials placed in an audiovisual form containing advertisements of third parties that are licensors (advertisers) of advertising services, placed in the relevant advertising blocks as part of the Content.
1.15 Advertisement blocks - periods of time in the Content intended for placement of Advertisements.
1.16 Server - means any computer hardware server, including any network server, buffer server, workstation, or equivalent device, that is used to support, facilitate access to, or provide Content to a User.
1.17 Service - an infotainment service that allows the User, through any User Device, to access the Content in the Streaming mode through the sites, mobile applications and/or the Player of the Licensee.
1.18 Statistics system - an online statistics system hosted on the Licensee's server, reflecting information about the use of the Licensor's Content.
1.19 Term - the period during which the Licensee is entitled to use the Content under the terms of the Agreement.
1.20 Territory - the territory within which the Licensor grants the Licensee the right to use the Content - any sites on the Internet in countries around the world.
1.21 Device - a software and hardware device and/or equipment of the User intended for Viewing the Content by the User.
1.22 File - an electronic digital copy of a Content unit.