User Agreement for the provision of services of the Website https://klacify.net
This User Agreement regulates the relationship between https://klacify.net (hereinafter referred to as the "Website") between https://klacify.net (hereinafter referred to as the "Contractor") and a legal entity or individual using the Website for the purpose of searching, viewing and/or posting Ads (hereinafter referred to as the "User").
By registering on the Website or using the Website to search/view Ads, the User agrees to this User Agreement (hereinafter referred to as the "UA") and assumes the rights and obligations specified therein related to the use of the Website.
Placement of Ads on the Website that are not aimed at carrying out entrepreneurial activities is free of charge, unless otherwise expressly specified on the Website and/or in the UA and/or the Offer. In the absence of a special indication on the Website and/or in the UA and/or the Offer, the opposite is also true: a free advertisement submitted by the User directly indicates that it is submitted not in connection with and not for the purpose of carrying out business activities by him. 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 UA
Internet resource is a set of integrated software and hardware and information intended for publication on the Internet and displayed in a certain text, graphic or audio form. The Internet resource is available to Internet users through a domain name and (Uniform Resource Locator) - a unique electronic address that allows access to information and software and hardware complex or through the appropriate mobile application.
Website is an Internet resource that allows the User to place, search, view Ads. All rights to the Website belong to the Contractor.
The User's Personal Account on the Website (hereinafter referred to as the "Personal Account") is an interface for accessing the management of the placement of the User's Ads, other services, their payment, and other actions provided for on the Website with information materials. Login is carried out using the User's Registration Data.
Registration Data shall mean the User's identification data intended for the User's access to the personal account. The registration data consists of: login (the User's e-mail is used as a login), password, security question and answer to the security question (used if the User has forgotten the password).
Advertisement is an information message of the Website User containing an offer for the Product (including contact information, images and any related information) posted by the User on the Website, addressed to an indefinite number of persons.
Product - any product, product, service, job offer or other offer in respect of which the User places an Ad on the Website.
1. Subject of the Agreement
1.1 The Contractor offers you its services on the terms and conditions that are the subject of this User Agreement.
1.2 The User Agreement may 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 Website, unless otherwise provided by the new version of the UA.
1.3. The current version of the UA, as well as other documents regulating the rules of use of the Website and the provision of services of the Website, is always available on the Website and is available to all Users.
2. Description of services
2.1. The Website is an Internet platform that allows the User, at his own risk, to place offers addressed to an indefinite number of persons to make a transaction in relation to the Goods, which the User is entitled to dispose of (make offers), and other users of the Website to accept or not to accept at his own discretion and under his own responsibility the offers posted on the Website by the User, to conclude or not to conclude an appropriate transaction with the User, who posted the Advertisement on the Website. The Contractor can in no way 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 transaction offered/concluded between the users of the Site. All transactions made between the users of the Site due to the placement of the Advertisement by the User on the Site 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 Website by placing the Advertisement on the Website, or using the contact information contained in the Advertisement, will be received and considered by other users of the Website.
2.3. The User undertakes to exercise caution when choosing a counterparty, at his own discretion makes a decision on the transaction, independently making sure that the offer contained in the Advertisement on the Website is valid and legal.
2.4. The Contractor also provides paid services using the Website, the provision of which is regulated by the public Offer - https://klacify.netservices/oferta
2.5. The provision of paid services of the Site is regulated by the public Offer - https://klacify.netservices/oferta, with which the User agrees when paying for paid services
3. Rights and obligations of the Contractor
3.1. Rights
3.1.1 The information received on the Site is considered the property of the Contractor. The Contractor does not bear any obligation to ensure confidentiality in relation 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 Website may not be reproduced or used for publication without the written permission of the Contractor, unless the page containing such information explicitly states otherwise. Copying of the information contained on the Website may only be carried out by individuals for personal use.
3.1.3 Under no circumstances shall the Contractor be liable for damages, losses or expenses arising in connection with the use of the Website or the inability to use it.
3.1.4. The Contractor has the right at any time at its discretion to conduct a random check of the Ads for compliance with this UA by the User, including in automatic mode using software. In case 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 Ads, their compliance with the requirements of this UA and the legislation of the Russian Federation, suspend or terminate the User's access to certain services of the Website, including rejection or blocking of the Ad and/or the User's access to the personal account without notifying the User about it. By the decision of the Contractor, blocking of Ads and/or registration data of the User on the Website may be temporary or permanent, depending on the volume and number of violations of this User Agreement and other rules of use of the Website established by the Contractor. If the User eliminates the violations committed, the Contractor has the right to restore the previously blocked Ad or the User's access to the personal account.
3.1.5. The Contractor has the right to unilaterally change this UA and other documents governing the rules of use of the Website and the provision of services of the Website. The new version of these documents comes into force from the moment it is posted on the Website, unless otherwise provided by the new version of the relevant document.
3.2 Responsibilities
Within the framework 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 in the Site database, in accordance with the rules and restrictions established by the Contractor at the moment.
3.2.2 Provide the User with the opportunity to manage access to his/her Ad and set other settings available to Users at a certain time through his/her personal account.
3.2.3 Provide the User with the opportunity to delete the Ad and/or his/her registration data at any time at its 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 upon registration
Within the framework 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 UA.
4.2 Not to post in any way, through the Website, information in violation of the legislation of the Russian Federation and international law.
4.3 Do not post knowingly false information.
4.4 Not to post and/or transmit materials and/or Goods using the Website, if the User does not have the appropriate rights to do so. This applies to materials protected by copyrights, trademarks, patents, as well as agreements on non-proliferation of information, confidentiality, goods for the sale of which it is necessary to obtain appropriate permits, in the absence of such permissions, and the like.
4.5 Not to violate the information security of the Website.
4.6 Not to embed executable code on the User's side, any embeddable objects, to use frame and iframe, cascading style sheets, html code.
4.7 Not to introduce yourself in someone else's name or on behalf of someone else (an individual or an organization). Not to mislead other users and the administration of the Site regarding their identification in any way.
4.8 Not to destroy and/or change any materials on the Website, 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 the personal account to third parties. The User is fully responsible for all damage caused to him by third parties, resulting from the intentional or unintentional transfer of the password from the personal account by the User 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 Website, 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 refused by clicking the "unsubscribe" button.
4.13. When visiting the Website, the User's cookies-files are stored in order to analyze the User's behavior on the Website, determine the User's interest and optimize the advertising campaign. A cookie 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 website users on the Internet. When visiting the Website, the User agrees to store its cookies and transfer them to third parties in order to analyze the User's behavior on the Website and receive targeted advertising messages. The User agrees to receive targeted advertising in accordance with the processed data obtained during the analysis of his cookies. The user can refuse the storage of cookies by changing the settings in the privacy / confidentiality / personal data settings (depending on the terminology of the browser) of the web browser used by him.
5. Rules for placing Ads on the Website
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 Website. The User understands and agrees that he must independently assess all risks associated with the placement, distribution and search of Ads, including the assessment of the reliability, completeness or usefulness of such Ads.
5.2 The Contractor reserves the right, at its discretion, to refuse the User to place and/or distribute Ads, as well as to remove Ads from the Site, without prior notice to the User and explanation of the reasons.
5.3 The Contractor has the right to change the requirements for the content and conditions of placement of Ads.
5.4 The Contractor reserves the right to edit the Ads in order to give them qualities that are convenient for reader perception.
5.5 The Contractor reserves the right not to enter into correspondence with the authors of the Ads.
5.6. By placing an Ad on the Website containing an image (including a photo), the User grants the Contractor the right to use the specified image (open license to use the 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 party 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 appeals of third party Internet users to the User on the User's Advertisement;
placement of the image as the Contractor's advertising material on the Internet.
The above right of use is transferred to the Contractor by the User free of charge, without restriction of territory, from the moment the User places on the Website the Advertisement containing the corresponding image, for the entire duration of the exclusive right to the image, with the ability to transfer this right to third parties. The user allows the use of images without indicating the name of the author, and also guarantees that these images do not violate the rights of third parties.
5.7 Ads are not allowed to be published on the Website:
5.7.1 The content of which violates the legislation of the Russian Federation (contains 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 in which contradicts the Website Policy and the Rules for placing Ads on the Website.
5.7.4. Containing an offer for the Goods, the sale of which requires obtaining special permits, in the absence of such permits.
5.7.5. Containing an offer for the Goods, the circulation of which is limited or prohibited by the current Russian legislation and/or international agreements.
6. Access to Users' Personal Information
6.1 All information contained in the Ads posted by the User on the Website is publicly available, except for the password to access the personal account and the information contained in this section. By posting Ads on the Site, the User understands that the information posted by him is published on the Site in the public domain, that is, available for review to any visitor of the Site (an unlimited number of persons) located anywhere, from a device with access to the Internet. Accordingly, the User understands and assumes all risks associated with such placement of information, including, but not limited to: the risk of the e-mail address being included in the lists for sending spam messages, the risk of the e-mail address falling into the hands of various kinds of fraudsters, the risk of the phone number falling into the hands of SMS spammers and/or SMS fraudsters and other risks arising from such placement of information.
6.2 The User's access to changing the information contained in the Ad is made by him only on the basis of a unique login and password chosen by the User when registering on the Website. The User is responsible for the safety of the password.
6.3 In case of loss of the access password, the User has the opportunity to receive a password reminder to the e-mail specified by him/her during registration, and log in to the personal account.
6.4 The Contractor makes every possible effort to avoid unauthorized use of personal information of Site users. However, the Contractor is not responsible for the possible misuse of the User's personal information that occurred due to:
technical problems in the software, servers or computer networks beyond the control of the Contractor;
interruptions in the operation of the Website related to the intentional or unintentional use of the Website for purposes other than intended by third parties,
the transfer of passwords or information from the Website (including unintentional) by Users to other persons who do not have access to this information due to the terms of registration and concluded agreements with the Contractor.
6.5. The User independently and voluntarily decides to provide the Contractor or post in the public domain personal and other information about himself (last name, first name, patronymic or pseudonym of the User, e-mail address, mobile phone number, as well as any other information provided by the User when using the Site) for the purposes of execution of this User Agreement.
6.6. By registering on the Website, the User agrees to the collection, processing, storage and use of the personal data entered by him/her (full name, phone number, e-mail, etc.) in accordance with Federal Law No152 of 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 of https://klacify.net and provides information systems to provide users with additional services. In this case, the transfer of data to a third party must be carried out using automation tools that ensure adequate protection of the rights of data subjects, and the information system on the side of the third party must have the appropriate certificate. Cross-border data transfer is possible only if the foreign state in which the servers of the information system are located provides adequate protection of the rights of personal data subjects. The User can deactivate his account at any time by contacting the support service of corp@klacify.net.
6.7 The User's access to changing the personal information contained in the profile (Surname, Name, Patronymic, etc.) is made only on the basis of the unique login 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 reliability and relevance.
7.3 The Contractor makes every possible effort to exclude from the Website careless, inaccurate or knowingly incomplete information, however, in the end, the responsibility for it lies with the persons who posted it.
7.4 When reprinting and otherwise using the materials of the Website, a link to the Website is required.
7.5 In the event that the User saves the Ad or part of the information contained in the Ad in his own database outside the Website, then the User is responsible for this within the framework of the Law "On Personal Data", as the operator of personal data.
7.6 It is not allowed to use software (scripts, robots) to read information from the Website
7.7 The logo, name, design elements, layout and general appearance of the Website 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 advertising distributor in relation to all Ads posted by him on the Site with all the ensuing consequences provided for by the Federal Law "On Advertising" and the Code of Administrative Offenses of the Russian Federation.
8.2. By placing Ads on the Website, the User guarantees that he has the right to sell the Goods specified in the Advertisement, including that the Goods have passed mandatory certification (if it is provided for by law for this type of Goods). The User is solely responsible for the violation of the guarantees specified in this clause. The Contractor has the right to request from the User the supporting documents for the Goods (including the declaration/certificate of conformity) specified in the relevant Advertisement. If the User fails to provide supporting documents for the product, the Contractor has the right to remove the corresponding ad from the Site without applying any penalties to the Contractor.
8.3. The User is responsible for the compliance of the content of the Advertisement posted by him/her with the current Russian legislation, including, but not limited to, the law "On Employment of the Population in the Russian Federation", "On Advertising", "On the Protection of Children from Information Harmful to Their Health and Development". In the event of claims against the Contractor by third parties (including, but not limited to, state authorities) regarding the Ads / and Goods posted by the User 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 losses in connection with the above claims of the Contractor, to reimburse 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 the registered users are really the people they say they are, and is not responsible for possible damage caused to the User or other persons for this reason.
8.5. By using information from the Website, the User is aware of and accepts the risks associated with the possible inaccuracy of the information posted on the Website, as well as the fact that some information may seem threatening, offensive, knowingly false, rude, obscene, and independently decides on the possibility of using the 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 Website are free from errors and computer viruses. If the use of the Website entails 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 Website or posting Ads, both in whole and in part, including terminating or temporarily suspending the User's access to the personal account.
8.9. All disputes arising within the framework of this UA shall be 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 of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations between the Contractor and the User that are not expressly provided for in this Agreement.