TERMS OF PROVISION OF THE “SMART KIDS” SERVICE

The rules for providing Subscription to access the Content (hereinafter “the Rules”) of “Smart Kids” regulate the relations with respect to the delivery of the “Subscription to Content Access” Service (hereinafter “Access Service”) to the Subscribers.

The present Rules are a public offer and may be accepted by the Subscriber only through joining it as a whole. The Subscriber can accept these Rules by way of implementation of the acceptance of the Rules provided for hereunder.

1. General Provisions and Terms

Subscriber — a consumer of the telecommunications services of the Operator who is the user of the content provided by the Content Provider at https://smartkids.viva.am address. “Smart Kids” service is available to all the physical or legal persons, served on all tariff plans of Viva-viva.

Subscriber equipment - a subscriber communication device – telephone, smartphone, and other devices, which allow transmitting and/or receiving information through consumption of Internet access services, and their accessories.

Personal account - the subscriber's mobile phone account from which the access service to the paid Content on the site https://smartkids.viva.amis paid

Content - visual, audio and/or text works available at https://smartkids.viva.am at any time through Internet access.

Content Provider - “USELL” LLC, under the contract with the Operator (Client) enables the access to the Content and the provision of the Content Access Service.

Operator - a business entity that has the right to carry out activities in the telecommunications sector for provision of communication services and has the right to maintain and operate telecommunication networks.

Landing Page - information page with the name, the price and the Terms of the service provision, on which the Subscriber agrees to activate the Access Service by clicking on the interactive button.

Order - the actions of the Subscriber provided for by these Rules, performed in order to obtain the Access Service to the Content.

Access Service - a service that allows the Subscriber to access (view, download) the Content located at https://smartkids.viva.am link for a set fee for a certain period of time.

Acceptance of the Rules - the subscriber's consent to the Terms and Conditions for the provision of the service by clicking the interactive button "Continue"/"Activate"/"View"/, or another method of activation that is carried out to obtain the Access Service to the Content by actually using the Internet link https://smartkids.viva.am, as well as going through the authorization procedure by subscriber number, with which the Subscriber confirms its consent to the present Rules.
 After the Acceptance of the present Rules is provided, the terms of these Rules shall be deemed to have been unconditionally and fully accepted by the Subscriber.

Acceptance (by performing the actions specified in these Rules) of these Rules means the consent of the Subscriber to receive the Access Service.

2. Description of the Access Service

2.1.           The Access Service allows the Subscriber to access the Content posted on website https://smartkids.viva.am

2.2.           The website https://smartkids.viva.am contains entertainment Content that is available and intended only for adults with legal status and capacity.

2.3.           By connecting the Access Service to the content via the Internet link by clicking the interactive button “View”, “Listen”, “OK”, “YES”, “Upload”, “Download”, “Browse”, “Continue”, “Confirm”, “Enter” on the Landing Page of the service or by sending an SMS message with the word "Start1" or "Start7" to the number 1234, the Subscriber thereby confirms:

• he/she is the age of legal majority (18 years) and has full legal capacity;
• he/she has fully read and understood these Rules on the provision of the Access Service;
• he/she has fully read and understood the terms of payment and  provision of the Access Service;
• its consent to transfer the data identifying the Subscriber (in particular, the Subscriber's mobile phone numbers);
• its agreement that all responsibility for the consequences of activating the Access Service rests solely with him/her;
• He/she has full legal capacity and status necessary to perform the Order in accordance with the requirements of the current legislation of Republic of Armenia.
• A subscriber wishing to get the Access Service must have the subscriber equipment necessary for placing an Order.
  • By making the Order, the Subscriber confirms his/her consent to the present Rules, and also confirms that all the requirements imposed by the Rules on the Subscriber have been fulfilled.

2.4 All the content available within “Smart Kids”, does not belong to the Operator and is provided by third-party developers. For this reason the Operator does not bear responsibility for the Media content, its integrity, functionality and also does not bear any responsibility for any permissions (agreements) provided to the Subscribers within or in connection with access to the content.

2.5 The Subscriber agrees that the Operator may, at its sole discretion and without prior notice, suspend or terminate the provision of the “Smart Kids” Service (or its functions) to one user or all the users.

2.6 The Operator may at any time terminate the provision of the “Smart Kids” service if (A) the Subscriber has violated any clause of the present Conditions; or (B) Viva will be obliged to do so in fulfillment of the law; or (C) Viva will decide on the termination of the “Smart Kids” service.

2.7 The Operator has the right to resile from the provision of the Content service in case of insufficient technical resources for its provision.

2.8 By accepting the present Terms, the Subscriber agrees that within the framework of these Terms, the Operator may use other (additional) methods (take steps) of Service activation to personalize the Subscriber.

2.9 The Subscriber hereby confirms and agrees that upon subscription to the Service, all fees and payments are subject to payment, regardless of whether the Subscriber's mobile equipment meets any compatibility criteria for the subscription. The Operator shall not make any refund due to the Subscriber's inability to access the Service because of incompatible mobile equipment.

2.10 The Operator shall not be liable for any form of advertising and/or for the content of banner advertising, pop-ups and any other advertising formats available on the website and in the application. Responsibility for such content rests solely with the advertiser or its legal representatives.

3. Price, Payment Procedure and Terms of Refusal of the Access Service

3.1.           The price of the Access Service for the Subscriber is determined in the AMD and is indicated on the Operator's official website www.viva.am.

3.2.           The volume of the Internet traffic used by the subscriber to view/download the Content via the Internet link https://smartkids.viva.am is paid separately, according to the tariffs set by the Operator, unless other terms are envisaged in the scope of the service or the subscriber tariff.

3.3.           To gain access to the Content, you need to activate the “Smart Kids” daily or “Smart kids” weekly service by confirming activation on the  https://smartkids.viva.am website or send an SMS message with the word "Start1" or "Start7" to the number 1234 and follow the link in the SMS;

The cost of the Access Service shall be charged to the Subscriber at the moment of acceptance of the present Rules on provision of the access service to the https://smartkids.viva.am Internet link and thereafter, from the Subscriber's personal account daily or weekly, depending on the selected tariff, funds shall be debited until the Subscriber resiles from the service.

3.4.           When activating “Smart Kids” daily or “Smart Kids” weekly services for the first time, Subscribers are provided with a trial period within 3 (three) calendar days from the moment of its activation for the first time.

3.5.           Within 1 (one) day prior to the expiration of the trial period, after the activation of the Services on the conditions of subscribing to content for the first time, an SMS-message will be sent to the subscriber from 1234 number with information about the automatic extension of the service, its cost and ways to unsubscribe.

3.6.           If the subscriber has not turned off the service (cl. 3.8), in case there are sufficient funds on the Subscriber's Personal Account to pay for the services “Smart Kids” daily or “Smart Kids” weekly, the service is automatically extended for a new similar period, unless there is a refusal from the Subscriber as per the order envisaged by the present rules.

3.7.           Upon activation of the “Smart Kids” daily or “Smart Kids” weekly service, an SMS-message will be sent to the subscriber from 1234 number with notification on subscription, withdrawal of funds  (only when the amount is withdrawn from the Personal Account for the first time).

3.8.           Information about the status of subscription to the Content is also available on the "Profile" tab of the website:  https://smartkids.viva.am

3.9.           In case of availability of insufficient funds to pay the full amount of the service at the time of the attempt to extend the service, the services shall not be connected / renewed.

3.10.        Repeated attempts to extend the Content Services on the conditions of subscription to the Content occur 2 (two) times a day during 7 (seven) calendar days. Upon end of 7 (seven) calendar days, if the Subscriber’s Personal account has not been refilled with funds in the amount sufficient to pay for the cost of services, the subscription will be deactivated. To renew it, customer will need to perform the activation again.

3.11.        If there are enough funds to pay, the subscription to the service will be renewed and the funds will be charged from the subscriber’s account according to the previously selected subscription.

In case of deactivation of subscription, access to the Media Content downloaded from the Information Complex shall be blocked after the subscription period expires. Access is renewed from the moment of reactivation of subscription.

3.12.        Content services on Conditions for subscription to the content can be disabled

on https://smartkids.viva.am website;

by means of sending SMS-request with the word "Stop" to number 1234.

3.13.        After submitting an application to disable the subscription to the Access Service, the Access Service is terminated.

3.14.        Incoming/ outgoing mobile Internet traffic during data transmission while implementing access to the “Smart Kids” service, under radio coverage of Viva, is billed according to the tariff plan of the Subscriber unless other conditions are provided or promotions are held.

3.15.        For subscribers in roaming, charging of "Smart Kids" services is carried out in accordance with the current price list of tariffs for Viva services. Billing for incoming/ outgoing Internet traffic for the present category of subscribers is made as per the tariff set for the service of international roaming.

3.16.        When using the https://smartkids.viva.am service, the Subscriber agrees to receive non-billed informational messages with service news from the technological number 1234, as well as other information messages received through the portal and via other ways.

4.Terms of Providing the Content via the Internet Link https://smartkids.viva.am

4.1. The Subscriber has the right to use the Content obtained through the Access Service only for personal purposes. It is strictly forbidden to use the Content for distribution by sale or other alienation of the Content to third parties and for any other commercial purposes. The Subscriber’s use of the Content obtained through the Access Service for the purpose of distributing the Content to third parties violates the law of the Republic of Armenia on intellectual property and entails responsibility for the Subscriber provided for by the legislation. The Operator and the Content Provider are not responsible for the unlawful acts of the Subscriber.

4.2. The responsibility for the subject matter of the Content, as well as its distribution via https://smartkids.viva.am web-link rests with the Content Provider.

4.3 The Content Provider possesses all then necessary rights and licenses to provide the Content to the subscribers in the territory of the Republic of Armenia.

4.3. The Operator and/or the Content Provider with the consent of the Operator reserves the right to revise the present Rules and amend them at any time. The Subscriber is notified by posting a new version of the Rules via https://smartkids.viva.am Internet link or on the Operator's website: www.viva.am.The Subscriber undertakes to check for changes in the Rules at the specified Internet link. In case of changes to these Rules, the Subscriber confirms his/her consent to the changes by continuing/ starting to use the Service after the publication of the updated version of these Rules. Changes come into force from the moment the latest version of these Rules is posted

4.5. The Subscriber shall use the service only via the interface provided by Viva, in particular, it is not allowed to use automated tools for access to the portal (including scripts, scanners and similar technologies).

4.6. The Subscriber shall not take actions that may disrupt or interrupt the work of the https://smartkids.viva.am portal (as well as servers and networks serving Viva), not to use the Media content provided through https://smartkids.viva.am for the purposes of disrupting or interrupting the operation of servers, networks or websites operated by Viva or a third party.

4.7. The subscriber shall not reproduce, copy, sell, exchange or resell the content of https://smartkids.viva.am. Exceptions are the cases as otherwise stipulated by a separate agreement with Viva-viva.

4.8. The Subscriber is held solely liable for (with the release of Viva from liability before the Subscriber or any other third party) for the use of https://smartkids.viva.am and any Media content, violation of the obligations stipulated under the Conditions, as well as for the consequences of such violations (including all losses or damages that Viva or a third party may incur).

4.9. The subscriber acknowledges that Viva and / or third parties have all the property and possessory rights to Media content distributed through the portal, including, but not limited to, all applicable Intellectual Property Rights in relation to Media Content. "Intellectual property rights" are all rights stipulated by patent legislation, as well as legislation on intellectual property, trade secrets, trademarks, unfair competition, and any other property rights recognized worldwide. The Subscriber undertakes not to undertake himself and refrain from other persons to carry out actions to (I) copy, sell, license, distribute, dispose, modify, adapt, transfer, create derivative works, decompile, reengineer, disassemble or other actions aiming to acquire the source code of the Media content, except for the cases stipulated otherwise; (II) circumvent and violate security rules or use content provided by the functionality of the Media content (including, but not limited to, the functionality of management of digital rights and blocking further changes); (III) use Media content with the aim to access, copy, transfer, converse the code or broadcast such content with violation of any law or the rights of the third party; or (IV) remove, retouch and change of indications on copyright and trademarks or other indications on the property rights of Viva or the third party included in the Media content.

4.10.By getting access to the Service from the Operator and its suppliers, the Subscriber agrees to follow and comply with all intellectual and industrial property rights, including copyrights or trademarks available through the Service, which belong to the Operator and any third-party licensor providing the content to the Operator. As a user, the Subscriber does not acquire any ownership rights to the Service, software or content, including names, titles, words, phrases, logos, patents and trademarks, literary and other artistic works that are available or were once available through the Service.

4.11. The Subscriber is granted a non-exclusive, non-transferable, revocable license to access and use the content strictly in compliance with these terms of use. The Subscriber shall not modify, publish, transmit, decompile, transfer or sell in whole or in part, create derivative works or otherwise use any content contained on the Service.

4.12. The use of the Service does not entitle the Subscriber to unauthorized use of any protected content. The Subscriber may not delete or amend any ownership or attribution rights in the content. The Subscriber will use the protected content solely for personal use and will not use it for any other purpose without the prior written permission of the Operator and the copyright holder. The Subscriber agrees that he/she does not acquire any ownership rights to the protected content. The Subscriber is granted no licenses, express or implied, to the intellectual property of the Operator or our licensors, except for cases as expressly permitted by the present terms and conditions of use.

4.13. The Operator and its suppliers shall not be liable for any disputes or disagreements between the Subscriber and third parties in connection with the use of the Service. The Subscriber assumes all risks associated with working with such third parties and releases the Operator and its suppliers from all claims, demands and losses related to these disputes.

4.14. Viva reserves the right (but does not assume obligations) to conduct preliminary control, view, mark, filter, change, reject or delete any Media content from https://smartkids.viva.am. The Subscriber agrees that he/she may encounter Media content that may seem offensive, indecent or undesirable, and that he uses https://smartkids.viva.am at its own risk.

5. Limitation of Liability

5.1 The Subscriber acknowledges and agrees that the use of the “Smart Kids” and the Media content downloaded or received through it is at the Subscriber’s own risk and that the Media Content is provided on an “as is” and “as available” basis. Viva, providing services of access to the Media content, is not responsible for its availability, content and operation.

5.2 The Subscriber agrees to use the “Smart Kids” and any Media content downloaded or otherwise acquired as a result of using the “Smart Kids” service at its own discretion and at its own risk, and Viva is not responsible for the damage cause to the mobile device or other device of the Subscriber or loss of data as a result of such use.

5.3 To the utmost permitted by the law in force, Viva does not provide warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of marketability, fitness for particular purposes and non-infringement of intellectual property rights, in relation to any Media content, downloaded or otherwise obtained via the “Smart Kids”. The subscriber shall accept and unconditionally agree with the present condition.

5.4 The Subscriber acknowledges and agrees that Viva does not bear any responsibility before him (including within the frames of contractual obligations) for the direct, indirect, incidental, special, mediated or punitive damage incurred by the Subscriber as a result of using the “Smart Kids” or the Media content downloaded through it, including data loss, regardless of whether Viva had any assumptions about the possibility of such damage.

6. General Legal Terms

5.1 The present Terms are deemed as absolute legal agreement between the Subscriber and Viva and regulate the use of the mobile applications of Viva by the Subscriber.

6.2 Viva reserves the right to notify about the termination or amendment of these Terms by posting relevant information on https://smartkids.viva.am or https://viva.am website. Conditions shall be deemed canceled or amended as of the moment specified in the notice.

6.3 The Subscriber acknowledges that if Viva does not exercise and does not use its legal rights or legal remedies that it is granted with under the present Terms (or any effective law), this is not an official refusal of Viva from its rights, and these rights and remedies shall remain at the disposal of Viva-viva.

6.4 If a court having the right to give judgment on the present matter shall determine that any provision of these Terms is invalid, such provision will be removed from the present Terms without affecting the remaining provisions of the present Terms. The remaining provisions of the present Terms shall remain valid and have legal force.

6.5 The Subscriber and Viva are not entitled to transfer or assign the rights granted under the present Terms without the prior written consent of the counter party. Neither the Subscriber nor Viva are entitled to delegate its responsibility or obligations imposed by the present Terms without the prior written consent of the counter party.