This User Agreement regulates relations concerning the use of the Internet Resource with a web address http://www.fatcats.market
(hereinafter referred to as 'the Website') between N.M.goldstyx ltd, registered in Cyprus, (hereinafter referred to as 'the Contractor') and a legal entity or a private individual which use the Website in order to search for, view and/or place Ads (hereinafter referred to as 'the User' or 'Users').
By registering on the Website or using the Website to search for/view Ads, the User accepts and agrees to be legally bound by and comply with this User Agreement (hereinafter referred to as 'the UA') and assumes all the rights and obligations connected to the use of the Website, specified in this User Agreement.
Placing Ads on the Website is free of charge unless otherwise expressly provided on the Website and/or in the UA. In the absence of special regulations on the Website or/and in the UA, the opposite is true: a free ad published by the User explicitly specifies that it was not placed in connection to or for the purpose of carrying out business activities. The User of the Website should utilize diligently the Website's functionalities and avoid placing Ads which do not conform to the real objectives of the User. Terms used in this UA Internet resource
is a complex of integrated soft- and hardware and information intended for publishing on the Internet and represented in a certain textual, graphic or audio form. Internet resource is accessed by Internet users via a domain name and the Uniform Resource Locator, unique e-address, which allow to access information, soft- and hardware, or via a corresponding mobile application. Website
is an Internet resource that allows the User to place, search for and view Ads. The Contractor owns all rights to the Website. Personal Account of the User on the Website
(hereinafter referred to as 'the Personal Account') is an interface that allows to manage Ads and other content published by the User, and perform other actions with information content allowed by the Website. The User enters the Personal Account by filling in Login Details of the User. Login Details
— identification data of the User used for entering the Personal Account. Login Details consist of: login (e-mail of the User is used as a login) and password. The User can also log in using such social networks as Facebook and Vkontakte. Ad (s)
— content published by the User of the Website, which contains an offer about Goods (including contact information, pictures and all related information), published by the User on the Website and addressed to any number of unspecified persons. Goods
— any item(s), product(s), service(s), job offer(s) or any other Ads published by the User on the Website. 1. Scope of the Agreement
1.1 The Contractor offers services which are the subject of this User Agreement to the User.
1.2 The User Agreement can be modified by the Contractor without prior notice. The new edition of the User Agreement comes into force after it is published on the Website, unless otherwise specified in the new edition of the UA.
1.3. The current edition of the UA and other documents regulating the use of the Website and the services provided by the Website is always published on the Website and is available to all Users. 2. Description of the Services
2.1. The Website is an Internet platform that allows the User to independently publish offers to make deals regarding Goods the User is authorized to manage (make offers), addressed to any number of unspecified persons at his own risk. Other Users of the Website have the right to either accept or refuse offers published on the Website by the User, make or do not make deals with the User who publishes Ads on the Website.
The Contractor cannot be regarded as and is not a deal maker, buyer, seller, intermediary, agent or representative of any User of the Website and/or any interested party in relation to a deal offered/made between Users of the Website.
All deals made between Users of the Website after the placement of Ads are closed and executed without direct or indirect participation of the Contractor.
2.2. The Contractor does not guarantee that any offers made to Users of the Website via placement of Ads on the Website or via contact information written in Ads will be received and considered by other Users of the Website.
2.3. The User is obliged to carefully consider the choice of the Contractor, make decisions about deals at his own responsibility, making sure that an offer published in Ad on the Website is effective and legal. 3. Rights and liabilities of the Contractor
3.1.1 Information published by the Website should be considered property of the Contractor. Ads published by Users on the Website can be accessed by any individuals and the Contractor bears no responsibility for ensuring confidentiality of this information, unless otherwise stated in a written agreement between the User and the Contractor or in applicable international legal requirements.
3.1.2 Information contained on the Website should not be copied or published on a third-party resource without the written consent of the Contractor, unless otherwise stated in the information on a web page. Information contained on the Website can be copied by private individuals for personal use only.
3.1.3 Under no circumstances should the Contractor be responsible for any damage, losses or expenses which have arisen in connection to the use of the Website or inability to use the Website.
3.1.4. The Contractor has the right to check random Ads for compliance with this User Agreement, including automatic check using software applications. If a violation is discovered, including cases when it is reported by a third party, the Contractor has the right to evaluate the quality of Ads, their compliance with this UA and international legislation, suspend or terminate the User's access to any services provided by the Website, including dismissing or blocking the Ad and/or the User's access to Personal Account without prior notification to the User. Based on the decision of the Contractor, the blocking of Ads and/or login details of the User on the Website may be temporary or permanent, depending on the amount of violations of the User Agreement or any other rules and regulations established by the Contractor committed by the User. In the event that the User eliminates committed violations, the Contractor has the right to restore the blocked Ad or the User's access to the Personal Account.
Under the terms of the User Agreement, the Contractor shall:
3.2.1 Allow the User to publish Ads on the Website, search for Ads published by other Users registered on the Website, in compliance with the current terms and limitations set by the Contractor.
3.2.2 Allow the User to manage the access to his Ad and change other settings available to the User via the Personal Account.
3.2.3 Allow the User to delete his Ad and/or login details at any time and at his sole discretion.
3.2.4 Allow the User to delete all the content published by the User on the Website via the Personal Account at any time and at his sole discretion. 4. Liabilities of the User upon registering
Under the terms of the User Agreement, the User:
4.1 Shall know and comply with the rules of publication of Ads which form an integral part of the User Agreement.
4.2 Shall not publish content that violates the international legislation using the Website.
4.3 Shall not publish deliberately false information.
4.4 Shall not publish and/or deliver materials and/or Goods via the Website, in case the User does not have respective rights. The above-mentioned includes but is not limited to materials protected by copyright, trademarks, patents, non-disclosure and confidentiality agreements. The User shall not sell goods, the sale of which requires obtaining a legal permit in case the User does not have the permit required.
4.5 Shall not compromise the information security of the Website.
4.6 Shall not embed an executable code on the side of the User, create embedded objects, use frame and iframe, cascading style sheets, html-code.
4.7 Shall not use false identity or act on behalf of someone else (private individual or a company). Should not misinform other users and administration of the Website about their identity in any way and by any means.
4.8 Shall not delete and/or modify any materials on the Website, if the User is not the author of these materials.
4.9 Shall not use the information about phone numbers, postal addresses and email addresses for purposes other than the purpose of the Website (searching, viewing or placing Ads).
4.10 Shall not register using someone else's email address or an address the User has no right to use.
4.11 Shall not disclose the password for accessing the Personal Account to any unauthorized third party. The User bears full liability for damage caused by third parties that may arise after the User intentionally or unintentionally discloses his password for accessing the Personal Account to another person. The User bears full liability for maintaining the confidentiality of the password and any use of the Website via his account.
4.12 By registering on the Website, the User agrees to receive emails from the Contractor or its partners to the indicated e-mail address. The User may unsubscribe from those emails by clicking 'unsubscribe' button in any of the emails.
4.14. The Website collects cookies of the User for the purpose of analyzing behavior and preferences of the User and in order to optimize advertising campaigns. A cookie file is a text file sent by a web-server and stored on the User's computer, which is used for User authentication, session management and storing data on website usage. Upon visiting the Website, the User agrees to storing his cookie files and sharing them with third parties for the purpose of analyzing behavior of the User on the Website and personalization of target advertising messages. The User agrees to receive targeted advertising based on the data obtained from analyzing his cookie files. The User may prohibit the storage of his cookie files by changing privacy/confidentiality/personal settings (depending on the browser's terminology) in his web browser.
4.15 The Website is not intended for access or use by children under the age of 18. If a person is under the age of 18, they may access or use the Website only with the written permission signed by their parent or guardian. 5. Rules for Ad placement on the Website
5.1 Users who place Ads (Users who publish Ads) are liable for the information contained in Ads. The Contractor is not obliged to conduct a preliminary check of Ads published and/or distributed by the Use on the Website. The User is aware of and agrees to assess all risks associated with Ad placement, distribution and search, including the assessment of reliability, completeness or usefulness of the Ad.
5.2 The Contractor has the right to decline Ads that the User wants to place and/or distribute at its own discretion. The Contractor has the right to delete Ads without preliminary notifying the User and without disclosing the reason.
5.3 The Contractor has the right to change the requirements for the contents and conditions for publishing Ads.
5.4 The Contractor has the right to edit Ads for the purpose of making them reader-friendly.
5.5 The Contractor has the right to not enter into correspondence with the Users who place Ads.
5.6. By publishing the Ad that contains an image (including a photograph), the User grants the Contractor the right to use this image (an open license to use a work of art) as follows:
· To publish and distribute among third parties – Internet users – on the Internet and/or using e-mail. The Contractor has the right to define place, time, audience or websites where/when/among whom the above-mentioned images will be distributed at its complete discretion. The Contractor does not guarantee such placement and distribution, as well as that the User will be contacted by third parties – Internet users – in connection to Ads published by the User.
· Placement of the picture as a promotional material of the Contractor on the Internet.
The User grants the above-mentioned right of use to the Contractor free of charge, with no territorial restrictions, immediately after the Ad, containing the corresponding image is published by the User on the Website. The Contractor may transfer the right to use the image to third parties. The User authorizes the use of images without mentioning the name of the author, and guarantees that the above-mentioned images do not violate copyright or other rights of third parties.
5.6 By registering on the Website, the User grants, represents and warrants that he has the right to grant to the Contractor an irrevocable, exclusive, royalty-free, worldwide license to reproduce, distribute, publicly display and otherwise use content published by the User, and to grant sublicenses of the foregoing.
5.7 The following Ads are not allowed to be published on the Website:
5.8.1 Ads, contents of which violate the international legislation (promote violence, racism, pornography, etc.).
5.8.2 Ads, contents of which violate universal principles of conduct and morality.
5.8.3 Ads, contents of which do not comply to the Rules for Ad placement on the Website
5.8.4. Ads which contain information about Goods, the sale of which requires obtaining a legal permit, in case the User does not have the permit required.
6.2 The Website processes personal data both as Data Processor and Controller as defined by the GDPR.
6.3 All information contained in the Ad published by the User on the Website is public except for the password the User uses to access his Personal Account and all information in the Personal Account section. Upon placement of Ads of the Website, the User confirms that he is aware that the information published by him on the Website is publicly available. This means that the information is available to any visitor of the Website (unlimited number of persons), located anywhere, from any device with Internet access. Consequently, the User is aware of and assumes all responsibility and all risks arising from publishing such information, including but not limited to: the User's email address being included in spam mailing lists, the User's email address being disclosed to people involved in fraudulent activities, the User's phone number being disclosed to mobile phone spammers and/or mobile phone fraudsters.
6.4 The User may change the information in the Ad only by logging into his Personal Account using a unique login and password the User chooses during the registration on the Website.
6.5 The Contractor is making every effort to ensure safety of the User's private data. The Contractor undertakes to notify the User in the event when the User's private data is compromised due to:
· Technical problems affecting software, servers or computer networks beyond the control of the Contractor
·Website outage, resulting from deliberate or indeliberate use of the Website for a purpose other than intended by third parties
· Users disclosing (even unintentionally) passwords or information from the Website to people who shall not have access to such information due to registration requirements or agreements signed with the Contractor.
6.6 The User independently and voluntarily makes a decision to provide personal and/or any other information (First, middle and last name or nickname of the User, email address, mobile number or any other information provided by the User) to the Contractor or made it publicly available for the purpose of execution of this User Agreement.
6.7 Upon registering on the Website, the User agrees that the Contractor will collect, process, analyze, store and use personal data provided by the User (First, middle and last name, email address, mobile number and any other information).
6.8 The User may deactivate his Personal Account at any time by contacting the Website Support — firstname.lastname@example.org
. All personal data of the User will be deleted.
6.9 The User may edit personal data contained in the Personal Account (First, middle and last name, etc.) only after the User enters a unique password and login he uses while registering on the Website. 7. Use of the Website's materials
7.1 By accepting this UA the User agrees to be solely responsible for the content published on his behalf and consequences that publishing of this content may lead to.
7.2 The Website is only a means of information transfer. The Contractor is not responsible for credibility and relevance of the content published by Users.
7.3 The Contractor makes every effort to ensure that the Website does not contain any incomplete or deliberately false information; however, the responsibility for the published content rests with the User of the Website.
7.4 When reprinting or using any materials published on the Website, the link to the Website is required.
7.5 In the event that the User saves the Ad or its part in his own database outside the Website, the User shall bear responsibility for this information within the Law 'On Personal Data' as a personal data controller.
7.6 The use of software (scripts, robots) to read information on the Website is prohibited.
7.7 The logo, name, design and design details, as well as the overall appearance of the Website are the property of the Contractor; thus, their unauthorised use is prohibited. 8. Guarantees and liabilities
8.1. The User deliberately, independently and at his discretion, without the control of the Contractor, publishes Ads that may be of advertising character. Thus, the User should be considered an advertiser and advertising distributor in respect of all Ads published by the user on the Website, with all the attendant consequences.
8.2. By publishing Ads on the Website, the User guarantees that he has the right to sell Goods indicated in Ads and that Goods have undergone the obligatory certification (if it is provided for by law). The User shall be solely responsible for violation of any guarantees provided in this UA. The Contractor has the right to request any supporting documents related to Goods (including customs declaration/conformity certificates) listed in Ads. If the User fails to provide supporting documents related to Goods, the Contractor has the right to remove Ads from the Website without imposing any penalties on the User.
8.3. The User is fully responsible for the compliance of the published content with the existing international laws. In case any third parties make claims considering Ads and/or Goods, listed in Ads, the User undertakes to resolve such claims and/or settle disputes independently and at his own expense. If the Contractor suffers any losses in connection to the above-mentioned claims, the User shall compensate fully for the damage caused to the Contractor.
8.4. Due to the fact that user identification on Internet websites is constrained for technical reasons, the Contractor does not bear any responsibility for identity of the registered users and is not responsible for any possible damages caused to the User or other people in connection to this.
8.5. By using the content published on the Website, the User confirms that he is aware of risks related to possible unreliability of content published on the Website. The User also confirms that he is aware that some content published on the Website may appear threatening, insulting, misleading, rude or improper and deliberately takes all the responsibility for using the Website.
8.6. The Contractor does not guarantee that Ads published by the User will be viewed by any specific number of Users of the Website.
8.7. The Contractor does not guarantee that software, servers or computer networks used by the Website are free from errors and computer viruses. The Contractor does not bear any responsibility if the use of the Website leads to damage to equipment or loss of data.
8.9. All disputes that may arise under this UA shall be considered in court at the Contractor's location in accordance with international law. The present Agreement shall not be understood to establish agency, companionship, cooperation, collaboration, employment or other relationships expressly provided herein.
If you have any further questions, contact our Support — email@example.com