User agreement for the provision of services of the Site https://eka.am
This User Agreement governs the relationship on the use of the Internet resource with the address https://eka.am (hereinafter referred to as the "Site") between https://eka.am (hereinafter referred to as the "Contractor") and a legal entity or individual using the Site for the purpose of searching, viewing and / or placing Ads (hereinafter referred to as the "User").
By registering on the Site or using the Site to search / view Ads, the User agrees with this User Agreement (hereinafter referred to as "PS") and assumes the rights and obligations specified in it related to the use of the Site.
Posting on the Site of Ads not aimed at carrying out entrepreneurial activities is free, unless otherwise expressly indicated on the Site and / or in the PS and / or the Offer. In the absence of a special indication on the Site and / or in the PS and / or the Offer, the opposite is also true: a free ad submitted by the User directly indicates that it was submitted not in connection with and not for the purpose of carrying out entrepreneurial activities. Users are obliged to use the capabilities of the Site in good faith and not to allow the placement of Ads that do not correspond to the real goals of the Users. Terms used in this PS
Internet resource - a set of integrated software and hardware and information intended for publication on the Internet and displayed in a specific text, graphic or sound form. The Internet resource is accessible to Internet users through a domain name and (Uniform Resource Locator) - a unique e-mail address that allows access to information and hardware and software complex or through a corresponding mobile application.
The site is an Internet resource that allows the User to post, search, view Ads. All rights to the Site belong to the Contractor.
The User's Personal Account on the Site (hereinafter referred to as the "Personal Account") is an interface for accessing the management of the User's Advertisements, other services, paying for them, performing other actions with information materials provided on the Site. Login is carried out using the User's Registration Data.
Registration data is the User's identification data intended for the User's access to the personal account. Registration data consists of: a login (the User's e-mail is used as a login), a password, a security question and an answer to a security question (used if the User has forgotten the password). Also, the User can log in through the social network Facebook, Vkontakte, Odnoklassniki or Google+.
Announcement - an informational message of the Site User containing an offer about the Product (including contact information, images and any related information), posted by the User on the Site, addressed to an indefinite circle of persons.
Product - any product, product, service, job offer or other offer in relation to which the User places an Announcement on the Site.
1. Subject of the agreement
1.1 The Contractor offers you its services on the terms that are the subject of this User Agreement.
1.2 The User Agreement can be changed by the Contractor without notice. The new version of the User Agreement comes into force from the moment it is posted on the Site, unless otherwise provided by the new version of the PS.
1.3. The current version of the PS, as well as other documents governing the rules for using the Site and the provision of Site services, is always on the Site and is available to all Users.
2. Description of services
2.1. The site is an Internet platform that allows the User, at his own peril and risk, to post offers addressed to an indefinite circle of persons to conclude a transaction in relation to the Goods, which the User is entitled to dispose of (make offers), and to accept or not accept other users of the Site at their own discretion and under its responsibility is the proposals posted on the Site by the User, to conclude or not to conclude an appropriate transaction with the User who posted the Advertisement on the Site. The Contractor in no way can be considered and is not the organizer of the transaction, buyer, seller, intermediary, agent or representative of any user of the Site and / or other interested person in relation to the proposed / concluded transaction between users of the Site. All transactions made by the User placing the Announcement on the Site between the Site users are concluded and executed without the direct or indirect participation of the Contractor.
2.2. The Contractor does not give the User any guarantees that any offers made to the users of the Site by placing the Advertisement on the Site, or using the contact information contained in the Advertisement will be received and considered by other users of the Site.
2.3. The User undertakes to observe discretion when choosing a counterparty, makes a decision on the transaction under his own responsibility, independently making sure that the offer contained in the Announcement on the Site is valid and legal.
2.4. The Contractor also provides paid services using the Site, the provision of which is regulated by a public Offer - https://eka.am services / oferta
2.5. The provision of paid services of the Site is regulated by a public Offer - https://eka.am services / oferta, with which the User agrees when paying for paid services
3. Rights and obligations of the Contractor
3.1.1 The information received on the Site is considered the property of the Contractor. The Contractor does not bear any obligations to ensure confidentiality with respect to this information, unless there is a written agreement with the User to the contrary or the relevant requirements of the current legislation.
3.1.2 The information contained on the Site cannot be reproduced or used for publications without the written permission of the Contractor, unless the page containing such information clearly indicates otherwise. Copying of the information contained on the Site can only be carried out by individuals for personal use.
3.1.3 Under no circumstances will the Contractor be liable for any damage, loss or expense arising from the use of the Site or the inability to use it.
3.1.4. The Contractor has the right at any time, at its sole discretion, to conduct a random check of the Ads for compliance with this PS by the User, including in automatic mode using software. In the event of violations, including in the case of receiving complaints from third parties about such violations, the Contractor has the right to determine the quality of the ads, their compliance with the requirements of this PS and the legislation of the Russian Federation, suspend or terminate the User's access to certain services of the Site, including rejection or blocking Announcements and / or the User's access to the personal account without notifying the User about it. By the decision of the Contractor, the blocking of Ads and / or registration data of the User on the Site may be temporary or permanent, depending on the volume and number of violations of this User Agreement and other rules for using the Site established by the Contractor. If the User eliminates the violations committed, the Contractor has the right to restore the previously blocked Announcement or the User's access to the personal account.
3.1.5. The Contractor has the right to unilaterally change this PS and other documents governing the rules for using the Site and the provision of Site services. The new edition of these documents comes into force from the moment it is posted on the Site, unless otherwise provided by the new edition of the corresponding document.
As part of this User Agreement, the Contractor undertakes:
3.2.1 Provide the User with the opportunity to place Ads on the Site, search for Ads of other users located in the Site's database, in accordance with the rules and restrictions established by the Contractor at this point in time.
3.2.2 Provide the User with the ability to control access to his Ad and set other settings available to Users at a certain point in time through his personal account.
3.2.3 Provide the User with the opportunity to remove the Advertisement and / or their registration data at any time at their discretion.
3.2.4 Provide the User with the opportunity to completely delete all information posted by him on the Site through his personal account on the Site at any time at his discretion.
4. Obligations of the User during registration
As part of this User Agreement, the User undertakes:
4.1 Know and comply with the Rules for publishing Ads, which are an integral part of this PS.
4.2 Do not post in any way, through the Site, information in violation of the legislation of the Russian Federation and international law.
4.3 Do not post deliberately false information.
4.4 Do not post and / or transmit using the Site, materials and / or Products, if the User does not have the appropriate rights to do so. This applies to materials protected by copyright, trademarks, patents, as well as agreements on non-proliferation of information, confidentiality, goods, for the sale of which it is necessary to obtain appropriate permissions, in the absence of such permissions, and the like.
4.5 Do not violate the information security of the Site.
4.6 Do not embed executable code on the User's side, any embedded objects, use frame and iframe, cascading style sheets, html-code.
4.7 Do not introduce yourself as someone else's name or on someone else's behalf (private person or organization). Do not mislead other users and the Site administration regarding their identification in any way.
4.8 Do not destroy and / or change any materials on the Site, the author of which is not the User.
4.9 Do not use information about phone numbers, postal addresses, e-mail addresses for purposes other than the subject of the Site (search, viewing and placement of Ads).
4.10 Do not register using someone else's e-mail address, or an address to which the User does not have the right to use.
4.11 Do not transfer the password for access to your personal account to third parties. The User is fully responsible for all damage caused to him by third parties, resulting from intentional or unintentional transfer by the User of the password from the personal account to another person. The user is responsible for maintaining the confidentiality of the password and any use of the Site through his password.
4.12 By registering on the Site, the User agrees to receive informational and advertising messages from the Contractor and its partners to the e-mail address specified by him, which can be canceled by clicking the "unsubscribe" button.
4.13. When visiting the Site, the User's cookies are saved in order to analyze the User's behavior on the Site, determine the User's interest and optimize the advertising campaign. Cookies file is a text file sent by a web server and stored on the User's computer, used to authenticate the User, track the status of his session and store statistics on the use of users of sites on the Internet. When visiting the Site, the User agrees to save his cookies and transfer them to third parties in order to analyze the User's behavior on the Site and receive targeted advertising messages. The user agrees to receive targeted advertising in accordance with the processed data obtained from the analysis of his cookies. The user can refuse to save cookies by changing the settings in the privacy / confidentiality / personal data settings (depending on the browser terminology) of the web browser he uses.
5. Rules for placing Ads on the Site
5.1 Responsibility for the accuracy of the information contained in the Ads is borne by their submitters (users who posted the Ads). The Contractor is not obliged to carry out a preliminary check of the Ads posted and / or distributed by the User through the Site. The User understands and agrees that he must independently assess all the risks associated with the placement, distribution and search of Ads, including an assessment of the reliability, completeness or usefulness thereof.
5.2 The Contractor reserves the right, at its sole discretion, to refuse the User to post and / or distribute Ads by him, as well as to remove Ads from the Site, without prior notice to the User and explaining the reasons.
5.3 The Contractor has the right to change the requirements for the content and conditions for placing the Ads.
5.4 The Contractor reserves the right to edit the Ads in order to give them qualities that are convenient for the reader.
5.5 The Contractor reserves the right not to enter into correspondence with the authors of the Ads.
5.6. By placing an Announcement on the website containing an image (including a photograph), the User grants the Contractor the right to use the specified image (open license to use a work of art) in the following ways:
provided for by article 1270 of the Civil Code of the Russian Federation;
placement and distribution on the Internet and / or using e-mail among third parties - Internet users. The place, time, audience, sites, among which / on which the distribution / placement of these images will be carried out is determined by the Contractor at its own discretion. At the same time, the Contractor does not guarantee such placement and distribution, as well as the appeal of third-party Internet users to the User at the User's Declaration;
placement of the image as an advertising material of the Contractor on the Internet.
The above right of use is transferred to the Contractor by the User free of charge, without limiting the territory, from the moment the User posts the Advertisement containing the corresponding image on the Site, for the entire duration of the exclusive right to the image, with the ability to transfer this right to third parties. The user permits the use of images without specifying the name of the author, and also guarantees that these images do not violate the rights of third parties.
5.7 Announcements are not allowed to be published on the Site:
5.7.1 The content of which violates the legislation of the Russian Federation (contain propaganda of violence, racial hatred, pornography, etc.).
5.7.2 The content of which violates generally accepted norms of morality and ethics.
5.7.3 Information that contradicts the Site Policy and the Rules for placing Ads on the Site.
5.7.4. Containing an offer for a Product, the sale of which requires obtaining special permits, in the absence of such permits.
5.7.5. Containing an offer about the Goods, the circulation of which is limited or prohibited by the current Russian legislation and / or international agreements.
6. Access to personal information of Users
6.1 All information contained in the Advertisements posted by the User on the Site is publicly available, with the exception of the password for accessing the personal account and the information contained in this section. By posting Ads on the Site, the User understands that the posted information is published by him on the Site in the public domain, that is, it is available for review to any visitor to the Site (an unlimited number of persons) located anywhere, from a device with Internet access. Accordingly, the User understands and assumes all the risks associated with such posting of information, including, but not limited to: the risk of getting an email address on the lists for sending spam messages, the risk of getting an email address to various scammers, the risk of the phone number getting to SMS-spammers and / or SMS-scammers and other risks arising from such placement of information.
6.2 The User's access to change the information contained in the Announcement is made by him only on the basis of a unique login and password selected by the User when registering on the Site. The User is responsible for the safety of the password.
6.3 If the access password is lost, the User has the opportunity to receive a password reminder to the e-mail specified by him during registration and enter his personal account.
6.4 The Contractor makes every possible effort to avoid unauthorized use of the personal information of the Site users. However, the Contractor is not responsible for the possible misuse of the User's personal information due to:
technical problems in software, servers or computer networks beyond the control of the Contractor;
interruptions in the operation of the Site associated with the intentional or unintentional use of the Site for other purposes by third parties,
transfer of passwords or information from the Site (including unintentional) by Users to other persons who do not have access to this information due to the conditions of registration and concluded agreements with the Contractor.
6.5. The User independently and voluntarily decides to provide the Contractor or post publicly available personal and other information about himself (last name, first name, patronymic or pseudonym of the User, email address, mobile phone number, as well as any other information provided by the User when using the Site) for the purpose of executing this User Agreement.
6.6. By registering on the Site, the User agrees to the collection, processing, storage and use of the personal data entered by him (name, phone number, e-mail, etc.) in accordance with the Federal Law No. 152 dated July 27, 2006 ("On personal data"). The user also agrees to the transfer of this data to a third party if the third party is a partner https://eka.am and provides information systems to provide additional services to users. In this case, the transfer of data to a third party should be carried out using automation tools that ensure adequate protection of the rights of the subjects of these data, and the information system on the third party's side must have an appropriate certificate. Cross-border transfer of data is possible only if the foreign state on which the servers of the information system are located provides adequate protection of the rights of subjects of personal data. The user can deactivate his account at any time by contacting the support service firstname.lastname@example.org.
6.7 The User's access to changing personal information contained in the profile (Surname, Name, Patronymic, etc.) is made only on the basis of a unique username and password entered by the User during registration.
7. Use of Site materials
7.1 Each user of the Site is responsible for the information posted on his behalf and for the consequences of this posting.
7.2 The site is only a means for transmitting information and the Contractor is in no way responsible for its accuracy and relevance.
7.3 The Contractor makes every possible effort to exclude careless, inaccurate or knowingly incomplete information from the Site, however, ultimately, the responsibility for it lies with the persons who posted it.
7.4 When reprinting and otherwise using the materials of the Site, a link to the Site is required.
7.5 In the event that the User saves an ad or part of the information contained in the Ad in his own database outside the Site, the User bears responsibility for this within the framework of the Law "On Personal Data" as an operator of personal data.
7.6 It is not allowed to use software (scripts, robots) to read information from the Site
7.7 The logo, name, design elements, design and general appearance of the Site are the property of the Contractor and their use is prohibited.
8. Warranties and liability
8.1. Since the User independently, at his own discretion and outside the control of the Contractor places Ads on the Site, which may be of an advertising nature, the User is considered an advertiser and an advertising distributor in relation to all Ads posted by him on the Site with all the ensuing consequences provided for by Armenia "About Advertising" and Administrative Code Armenia.
8.2. By posting Ads on the Site, the User guarantees that he has the right to sell the Products specified in the ad, including that the Products have passed mandatory certification (if this is provided by law for this type of product). The user is solely responsible for his violation of the guarantees specified in this clause. The Contractor has the right to request from the User supporting documents for the Goods (including the declaration / certificate of conformity) specified in the relevant Announcement. If the User fails to provide supporting documents for the goods, the Contractor has the right to remove the corresponding announcement from the Site without applying any penalties to the Contractor.
8.3. The user is responsible for the compliance of the content of the Announcement posted by him with the current Russian legislation, including, but not limited to the law "On employment in the Russian Federation", "On advertising", "On the protection of children from information that is harmful to their health and development." In the event that third parties (including, but not limited to government agencies) file claims against the Contractor regarding the Advertisements posted by the User / and or the Goods specified in the relevant Advertisement, the User undertakes to independently and at his own expense settle such claims, and in case of with the above claims from the Contractor for losses, to compensate them to the Contractor in full.
8.4. Since the identification of users of the Internet sites is difficult for technical reasons, the Contractor is not responsible for the fact that registered users are really the people they claim to be, and is not responsible for any damage caused to the User or other persons for this reason.
8.5. Using information from the Site, the User realizes and accepts the risks associated with the possible inaccuracy of the information posted on the Site, as well as the fact that some information may seem threatening, offensive, deliberately false, rude, obscene to him and independently decides on the possibility of using Website.
8.6. The Contractor does not guarantee that the Ads published by the User will be viewed by a certain number of users of the Site or at least one.
8.7. The Contractor does not guarantee that the software, servers and computer networks used by the Site are free from errors and computer viruses. If the use of the Site resulted in the loss of data or damage to equipment, the Contractor is not responsible for this.
8.8. The Contractor reserves the right, at its sole discretion, to terminate the access of the User who violates this User Agreement and / or the terms of other rules for using the Site or posting Ads, both in general and in part, including terminating or temporarily suspending the User's access to the personal account.
8.9. All disputes arising under this PS are subject to consideration in court at the location of the Contractor in accordance with the legislation of the Russian Federation. This agreement cannot be understood as the establishment between the Contractor and the User of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for in this agreement.
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