User Agreement on the provision of Site services https://upoint.market

This User Agreement regulates the relationship between the use of the Internet resource with the address https://upoint.market (hereinafter referred to as the "Site") between https://upoint.market (hereinafter referred to as the "Contractor") and a legal or natural person 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 to this User Agreement (hereinafter referred to as the "PS") and assumes the rights and obligations specified therein related to the use of the Site.

The placement of Ads on the Site that are not aimed at doing business is free of charge, unless otherwise explicitly stated on the Site and / or in the PS and / or the Offer. In the absence of a special indication on the Website 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 not submitted in connection with or for the purpose of carrying out business activities. Users are obliged to use the Site's features in good faith and to prevent the placement of Ads that do not correspond to the real goals of Users. Terms used in this PS

An Internet resource is a set of integrated software and hardware and information intended for publication on the Internet and displayed in certain text, graphic or sound forms. The Internet resource is accessible to Internet users by means of 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.

A website is an Internet resource that allows a User to post, search, and view Ads. All rights to the Site 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 User's Ad placements, other services, their payment, and performing other actions provided for on the Website with information materials. The login is carried out using the User's Registration data.

Registration data – User identification data intended for User access to the personal account. The registration data consists of: login (the User's e-mail is used as the login), password, security question and answer to the security question (used if the User forgot the password).The User can also log in via the social network Facebook, Vkontakte, Odnoklassniki or Google+.

An announcement is an informational message of the Site User containing a Product offer (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 for which the User places an Ad on the Site.

1. Subject of the agreement

1.1 The Contractor offers its services to you on the terms 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 Site, unless otherwise provided by the new version of the PS.

1.3. The current version of the PS, as well as other documents regulating the rules of use of the Site and the provision of services of the Site, 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 to independently, at his own risk, place offers addressed to an indefinite circle of persons for making a transaction in respect of Goods that the User is authorized to dispose of (make offers), and other users of the Site to accept or not accept, at their discretion and under their own responsibility, offers posted on the Site by the User, to conclude or not to conclude an appropriate transaction with the User who placed the Ad 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 transaction proposed / concluded between users of the Site. All transactions made by placing Ads on the Site by the User between the users of 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 Site by placing an Ad on the Site, or using the contact information contained in the Ad, will be received and considered by other users of the Site.

2.3. The User undertakes to be careful 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 Website is valid and legitimate.

2.4. The Contractor also provides paid services through the Website, the provision of which is regulated by the public Offer - https://upoint.marketservices/oferta

2.5. The provision of paid services of the Site is regulated by the public Offer - https://upoint.marketservices/oferta, which the User agrees to when paying for paid services

3. Rights and obligations of the Executor

3.1.Rights

3.1.1 The information received on the Website 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 to the contrary with the User or the relevant requirements of current legislation.

3.1.2 The information contained on the Website may not be reproduced or used for publications without the written permission of the Contractor, unless the opposite is explicitly stated on the page containing such information. Copying of the information contained on the Website can 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 incurred in connection with the use of the Site 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 Ads for compliance with this PS by the User, including in automatic mode using software tools. In case of violations, including in 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 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 of Ads and / or User access to the personal account without notifying the User about this. By the decision of the Contractor, blocking Ads and/or registration data The User's presence on the Site may be temporary or permanent, depending on the volume and number of violations of this User Agreement and other rules of use of the Site 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 PS and other documents governing the rules of use of the Site and the provision of services of the Site. 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 To enable the User to place Ads on the Site, to search for Ads of other users located in the database of the Site, according to 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 Ad and set other settings available to Users at a certain time through his personal account.

3.2.3 Provide the User with the opportunity to delete the Ad 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. User's obligations during registration

Within the framework of this User Agreement, the User undertakes:

4.1 Know and comply with the Rules for the publication of Ads, which are an integral part of this PS.

4.2 Not to post information in any way, through the Website, in violation of the legislation of the Russian Federation and international legislation.

4.3 Not to post deliberately false information.

4.4 Not to post and/or transmit materials and/or Goods using the Site, 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 the non-proliferation of information, confidentiality, goods for the implementation of which it is necessary to obtain appropriate permits, in the absence of such permits, and the like.

4.5 Not to 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 Not to be represented by someone else's name or on behalf of someone else (private person or organization). Do not mislead other users and the Site administration regarding their identification in any way.

4.8 Not to destroy and/or modify any materials on the Site that the User is not the author of.

4.9 Not to use information about phones, postal addresses, e-mail addresses for purposes other than the subject of the Site (search, viewing and placing 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 User's intentional or unintentional transfer 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 Website, the User agrees to receive informational and advertising messages from the Contractor and its partners to the email address specified by him, which can be rejected by clicking the "unsubscribe" button.

4.13. When visiting the Site, the User's cookies are stored in order to analyze the User's behavior on the Site, determine the User's interest and optimize the campaign of advertising messages. A cookie 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 websites 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 during 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 terminology of the browser) of the web browser used by him.

5. Rules for placing Ads on the Site

5.1 The responsibility for the accuracy of the information contained in the Ads is borne by their submitters (users who have placed Ads). The Contractor is not obliged to carry out a preliminary check of Ads posted and /or distributed by the User through the Site. The User understands and agrees that he must independently assess all risks associated with the placement, distribution and search of Ads, including an assessment of the reliability, completeness or usefulness of such.

5.2 The Contractor reserves the right, at its discretion, to refuse to place and /or distribute Ads to the User, 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 placing Ads.

5.4 The Contractor reserves the right to edit the Ads in order to give them qualities that are convenient for the reader's 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 Performer the right to use the specified image (an 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 Performer independently at his discretion. At the same time, the Contractor does not guarantee such placement and distribution, as well as the appeals of third parties-Internet users to the User based on the User's Announcement.;
placement of the image as an advertising material of the Performer on the Internet.
The above-mentioned right of use is transferred to the Contractor by the User free of charge, without limitation of the territory, from the moment the User places an Ad on the Site containing the corresponding image, for the entire duration of the exclusive right to the image, with the possibility of transferring this right to third parties. The user authorizes the use of images without specifying the author's name, 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 Site:
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 morality.

5.7.3 Information in which contradicts The Site Policy and the Rules for placing Ads on the Site.

5.7.4. Containing a Product offer, for the implementation of which special permits are required, in the absence of such permits.

5.7.5. Containing a Product offer, the turnover 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 Site is publicly available, with the exception of the password for accessing the personal account and the information contained in this section. By placing Ads on the Site, the User understands that the posted information is published by him on the Site in open access, that is, it is available for review to any visitor to the Site (an unlimited circle of people) located anywhere, from a device that has 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 getting an email address in the spam mailing lists, the risk of getting an email address to various kinds of scammers, the risk of getting a phone number 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 Ad is made by him only on the basis of the unique login and password chosen by the User when registering on the Site. The User himself 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 email address specified by him during registration and log in to his personal account.

6.4 The Contractor makes every possible effort to avoid unauthorized use of personal information of users of the Site. However, the Contractor is not responsible for the possible misuse of the User's personal information that occurred due to:

technical problems in software, servers or computer networks that are beyond the control of the Contractor;
interruptions in the operation of the Site related to 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 terms of registration and concluded contracts with the Contractor.
6.5. The User independently and voluntarily makes a decision to provide the Contractor or publicly post personal and other information about himself (surname, 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 purposes of executing 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 (full name, phone, e-mail, etc.) in accordance with Federal Law No. 152 of July 27, 2006 ("On Personal data"). The User also agrees to transfer this data to a third party if the third party is a partner of https://upoint.market and provides information systems to provide additional services to users. 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 the subjects of this data, and the information system on the third party's side must have an appropriate certificate. Cross-border data transfer is possible only if adequate protection of the rights of personal data subjects is provided in the foreign country where the servers of the information system are located. The user can deactivate his account at any time by contacting the support service info@upoint.market.

6.7 The User's access to change the personal information contained in the profile (Surname, First 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 Website 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 deliberately 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 If the User saves the ad or part of the information contained in the Ad in his own database outside the Site, 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 tools (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. Guarantees and liability

8.1. Since the User independently, at his discretion and beyond the control of the Contractor, places Ads on the Site that may be of an advertising nature, the User is considered an advertiser and an advertising distributor in respect of all Ads placed by him on the Site with all the ensuing consequences provided for by the Federal Law "On Advertising" and the Administrative Code 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 ad, including that the Goods have passed mandatory certification (if this is provided by law for this type of product). The User is solely responsible for the violation of the guarantees specified in this paragraph. 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 Announcement. If the User fails to submit supporting documents for the goods, the Contractor has the right to remove the relevant 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 Ad placed 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 harms their health and development". In the event of claims against the Contractor by third parties (including, but not limited to government agencies) regarding the Ads posted by the User / and or the Goods specified in the relevant Ad, the User undertakes to settle such claims independently and at his own expense, and in the event of losses incurred by the Contractor in connection with the above claims, reimburse them to the Contractor in in full.

8.4. Since the identification of users of Internet sites is difficult for technical reasons, the Contractor is not responsible for the fact that the registered users are really the people they pretend to be, and is not responsible for possible damage caused to the User or other persons for this reason.

8.5. Using the information from the Site, the User is aware of and accepts the risks associated with the possible unreliability of the information posted on the Site, 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 Site for himself.

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 has caused 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 a User who violates this User Agreement and /or the terms of other rules for using the Site or placing Ads, both in whole and in part, including to terminate or temporarily suspend 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 of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for in this agreement between the Contractor and the User.