This agreement (hereinafter referred to as the “User Agreement”) governs the relationship between the Individual Enterprise (hereinafter referred to as “Enterprise”) and the Internet user (“User”) arising from the use of fodyo.com and is an offer of the Enterprise to the User to conclude an agreement on the conditions specified in the User Agreement.
Full and unconditional acceptance of the Enterprise’s proposal to the User to conclude the contract is the User’s performing actions to use fodyo.com, including viewing ads or searching for ads, registering, sending messages through the contact form and other actions for using the fodyo.com functionality.
The user agreement may be changed at the discretion of the Enterprise at any time without any special notice to the User. The new version of the User Agreement comes into force from the moment it is posted on fodyo.com, if the Enterprise did not expressly indicate otherwise in the text of the new edition of the User Agreement. Regular familiarization with the current edition of the User Agreement is the responsibility of the User. Use of fodyo.com after the entry into force of the new edition of the User Agreement means the User agrees to the new edition of the User Agreement.
The current version of this User Agreement is available at: https://fodyo.com/agreement/ .
1. TERMS AND DEFINITIONS
IP - Individual Enterprise, OGRN.
User - Internet user.
fodyo.com - An Internet resource about real estate, which is a collection of information and intellectual property contained in an information system (including a computer program, a database, graphical interface design (design), etc.), access to which is provided from various user devices connected to the Internet via special software for viewing web pages (browser) at fodyo.com (including domains of the following levels related to these addresses).
Object - a real estate object, service and / or offer related to the purchase, sale, rental of real estate, in relation to which an Ad is displayed on fodyo.com or other information is posted (base of new buildings, news articles, newsletters, etc.).
Announcement is an announcement of an Object published on fodyo.com.
Seller - a person whose contact details are indicated in the Announcement on fodyo.com.
Buyer - User viewing ads displayed on fodyo.com and (or) interacting with the Seller in relation to the Object.
Credentials - a unique login (email address) and password created during the User Registration process at fodyo.com, used for the User to access the Personal Account.
Registration - a set of User actions in accordance with the instructions indicated on fodyo.com, including the provision of Credentials and other information made by the User using a special form of the fodyo.com user interface in order to create a Personal Account and gain access to individual fodyo.com Services.
Services - any functionality, services, and tools that are available on fodyo.com, including new features that become available to fodyo.com Users during the term of the User Agreement
User Agreement - this User Agreement, as well as any other documents and / or rules governing the operation of fodyo.com or determining the procedure for using the Services published on fodyo.com.
Personal Account (Account) - the personal section of the User on fodyo.com, in which the user can access some individual Services.
Information - any information and materials provided by the User to the Enterprise in connection with the use of fodyo.com, including email address, contact information, description of the Object in the Announcement and / or on the User’s website, photographs, statutory documents, building permits, project declarations, etc.
2. GENERAL CONDITIONS
The Enterprise invites the User, under the terms of this User Agreement, to use the services available on fodyo.com, including the search and viewing of Classifieds and other Services. Regarding the use of certain Services, the Enterprise may be additional conditions are set, rules and restrictions. Services are provided to the User free of charge, unless specifically indicated otherwise.
All transactions in relation to Objects are concluded directly between Users. The Enterprise is not a participant and / or intermediary of transactions made by Users through fodyo.com, does not control and is not responsible for such transactions.
The provision of certain Services may be governed by special rules and / or agreements that are an integral part of this User Agreement, including individual agreements drawn up in writing and signed by the Enterprise and by the User personally. In the event of a conflict or inconsistency between the text of this User Agreement and special rules and/or agreements, the latter shall apply. So as to provide individual Services the Enterprise is entitled to attract third parties, as well as to use information provided by partners of the Enterprise as part of the provision of the Services and/or third parties.
By accessing fodyo.com and thus concluding this User Agreement, the User guarantees that he has all the rights and powers necessary to conclude and execute the User Agreement, including being an adult and fully capable person, or a minor person declared by decision of the authorized body fully capable (emancipation), or the legal representative of a minor in whose interests the User Agreement is concluded. The Enterprise has the right at any time to demand from the User the provision of information and documents confirming the rights and authorities as indicated above.
3. REGISTRATION ON FODYO.COM, USER ACCOUNT
When registering, the User must specify the credentials that the User chooses on his own. After Registration the User receives an email containing a link, the click on which is necessary to confirm the Registration.
Using the capabilities of fodyo.com, both registered and unregistered Users, means the User agrees to this User Agreement and assumes the obligation to follow the instructions for using the Services.
The User is responsible for all actions performed using his Credentials. The User must monitor the security of his password and not disclose it to unauthorized persons. The User does not have the right to transfer his Credentials to the third parties, as well as fodyo.com, except for persons acting on behalf of and in the interests of the User or who have received such Credentials on the basis of relevant agreements with the User. In this case, the User is fully responsible for all actions committed on fodyo.com using his Credentials. The user is obliged to immediately change the Credentials if he has reason to suspect that these data were disclosed or may be used by third parties.
The Enterprise is entitled to use special technical solutions to verify the correctness of the information provided by the User during Registration and/or authorization on fodyo.com. Since the Internet is difficult to establish the identity of the User, the Enterprise cannot guarantee that the User is really who he appears to be, and also that the information provided during registration on fodyo.com is reliable.
Responsibility for the accuracy and completeness of information about the Object and the conditions for its sale (purchase, rental, etc.) lies with the Seller. In particular, the Seller must have appropriate rights to dispose of the Object or to carry out in relation to the Object the actions specified in the Announcement.
The seller has the right to sell and/or lease Objects owned by him directly or through authorized persons on fodyo.com, provided that this does not require special permissions, and also subject to the current User Agreement. Ads on Objects whose contents and sale violates applicable law or are contrary to the policy of the Enterprise are prohibited on fodyo.com The User must make sure that the sale, rental, advertising of the Object does not violate applicable law.
The Description of the Object specified by the Seller constitutes the conditions for the sale of this Object under the Announcement. In the Announcement it is forbidden to leave links to pages of Internet sites containing proposals for the implementation, use or other information about the Objects. The conditions of sale and the description of the Object specified in the Announcement shall not contradict the current legislation and the User Agreement, both at the time of placing the Announcement and in the future.
The seller undertakes not to include in the Ads information about the services provided:
· Internet sites offering Objects, including items on fodyo.com for the same or less price
· Internet sites offering Objects that do not meet the requirements specified in this User Agreement.
The Enterprise also has the right to move, complete or extend the period of demonstration of the Announcement for technical reasons under the control or outside the control of the Enterprise. The Enteprise has the right to stop displaying any Announcement at any time.
Ads submitted by the User on the websites of partners of the Enterprise can be displayed in the interests of the User on fodyo.com. The Enterprise has the right to independently determine the conditions and methods for displaying (demonstrating) Ads on fodyo.com, including in the search results, as well as reject the placement of Ads submitted by the User on the websites of partners of the Enterprise. When posting Ads of Users, the Enterprise has the right to apply fodyo.com or partner sites logos/watermarks to the photos provided by the User, as well as to delete logos/watermarks from the photos provided by the User.
5. LIMITATION OF LIABILITY
Data are provided by information providers and business partners, and may be delayed. Website fodyo.com does not perform data verification and disclaims such obligations.
Website fodyo.com, its data providers, as well as all related companies and business partners:
· expressly refuse to guarantee the accuracy, conformity and completeness of any data;
· are not responsible for any errors, omissions and delays in displaying such data, as well as actions taken on their basis.
Neither fodyo.com nor the information providers are liable for damage resulting from the use of the data presented here. The term "business partners" in this case does not imply the creation of an agency or joint venture between fodyo.com and any other organization.
You agree not to copy, modify, format, download, store, reproduce, process, transmit and distribute any data presented here, nor to use them for commercial purposes without prior written consent.
All data is provided "as is" for personal use only. Exclusive ownership of the data provided is held by fodyo.com and its external data and content providers.
All information (regardless of whether such information relates to the personal or other data subject to protection in accordance with the legislation of the Russian Federation, the European Union, USA, Canada. etc) posted by the User on fodyo.com is placed by him for the User to sell his property and/or services and/or in other interests of the User and, accordingly, the User places this or that information about himself solely in his interests, including to facilitate the establishment of communication with the User and/or ident User identification. By posting information about himself on fodyo.com, the User makes the Information, including that indicated in the Announcement, publicly available and understands that the information posted is published in the public domain, that is, is available for review to an unlimited circle of people, accordingly, the User understands and assumes all risks related to such placement of information, including, but not limited to: the risk of getting an email address in the lists for sending spam messages, the risk of getting an email address to various kinds of mosh people, the risk of a phone number getting into SMS spammers and/or SMS scammers and other risks arising from such posting of information.
The Enterprise is not the organizer of the transaction in relation to the Object, the intermediary, buyer, seller or agent. Fodyo.com is a tool that enables Users to view and search for classifieds. Thus, the quality, safety, legality and compliance of the Object with its description, as well as the ability of the Seller to sell/lease and the Buyer to purchase/rent the Object are beyond the control of the Enterprise. The User, independently and on his own responsibility, decides that the offer, sale and / or acquisition of any Object is valid and legal, based on the fact of the placement of the Advertisement by the User. The Enterprise is not responsible for the completion and execution of the transaction by the Seller or the Buyer.
The User agrees to act exclusively in accordance with the applicable laws and the User Agreement, as well as bear full responsibility for his own actions and inaction on fodyo.com and when using the Services in accordance with the legislation of the Russian Federation, the European Union, USA, Canada, etc.
The Enterprise does not check information published on fodyo.com by other Users. Some of the data contained in the Ads may appear to be inaccurate or misleading. The Enterprise encourages Users to exercise caution and rely on common sense when using fodyo.com. The User must take into account that his counterparty may not have the necessary rights to implement the Object, be a minor, or impersonate another person and so on. Using the Services implies that the User is aware of and accepts these risks, and also agrees that the Enterprise is not responsible for actions or inaction on the part of other Users.
If the User has claims to another User in connection with the latter's use of the Services and/or his classifieds, the User agrees to present these requirements and resolve the claims independently and without the participation of the Enterprise. The Enterprise is not responsible for loss of information by the User, as well as for distortion of information or loss of message. The Enterprise shall not be liable for non-performance or difficulties in the performance of obligations due to force majeure circumstances, the consequences of which cannot be avoided or overcome.
Given the principles of construction and operation of the Internet, Services are provided "as is", this means that the Enterprise does not provide any guarantees with respect to the Services, in particular, the Enterprise does not guarantee the User that:
· Services, their direct or indirect effect, the quality of the Services will correspond to the requirements and goals of the User;
· Services will be provided continuously, reliably and without errors;
· The results that will be obtained through the use of the Services will be accurate, reliable and meet the expectations of the User.
6. INFORMATION PROVIDED BY THE USER
As part of the use of fodyo.com, the User agrees to provide only reliable Information and is responsible for the information provided by him. The user undertakes to update the Information in a timely manner by sending messages through the communication form or, if such a Service is functioning, by editing the relevant data on fodyo.com.
The information provided by the User and his actions on fodyo.com should not:
· be false, inaccurate or misleading;
· promote fraud, fraud or breach of trust;
· lead to transactions with real estate in violation of applicable law;
· violate or infringe on the property of a third party, his trade secret or his right to privacy;
· contain information that offends someone’s honor, dignity or business reputation;
· defamate or threaten anyone;
· call for the commission of a crime, as well as incite ethnic hatred;
· to promote, support or call for terrorist and extremist activities;
· to be obscene, or to be pornographic;
· contain computer viruses, as well as other computer programs aimed, in particular, at causing harm, unauthorized intrusion, secret interception or appropriation of data from any system or the system itself, or its part, or personal information or other data (including data of the Enterprise);
· cause harm to the Enterprise, as well as become the cause of a complete or partial loss of the Enterprise, the services of Internet providers, or the services of any other persons;
· contain advertising materials;
· violate the intellectual rights of third parties, the rights of the author of the image, the right to image of a citizen, and other rights of third parties;
· otherwise violate the current legislation of the Russian Federation, the European Union, USA, Canada or the legislation of the location of the User.
The user is prohibited from using fodyo.com, posting ads on fodyo.com (subject to the functioning of the Posting Service), or making or executing a transaction using the fodyo.com Services, which may lead to violation by the Enterprise and/or by the User of the current legislation of the Russian Federation, the European Union, USA, Canada or legislation and the location of the User .
The Enterprise has the right to place or stop the demonstration of Information at any time.
Access to the Services.
The user agrees not to use automatic programs to gain access to fodyo.com without the written permission of the Enterprise. Without the Enterprise’s permission it is also not allowed to use, distribute and (or) extract from fodyo.com manually or automatically (using software) any materials or information (including Announcements, texts of object descriptions, photographs, etc.).
· Do not take any action that could lead to a disproportionately large load on the fodyo.com infrastructure;
· Do not copy, reproduce, modify, distribute or make available to the public any information contained on fodyo.com (except for Information provided by the User himself) without the prior written permission of the Enterprise and any third party;
· not to use computer programs that allow viewing or posting on fodyo.com Announcements bypassing the standard procedure for placing Announcements by the Enterprise or by the User (subject to the functioning of the Advertisement Placement Service);
· do not interfere with the operation of fodyo.com;
· and do not interfere with the operation of automated systems or processes in order to prevent or restrict access to fodyo.com.
The Enterprise is entitled to suspend or terminate the User’s access to certain Services, including rejection or blocking of the Advertisement or access to the Personal Account.
In order to prevent or prevent violation of the User Agreement and / or causing damage to the Enterprise (for example, DDoS attacks, unauthorized use of software, including downloading Ads, etc.), the Enterprise has the right to restrict the access of Users or third parties to fodyo.com by blocking access to fodyo.com of the corresponding ip address or range of ip addresses.
The user agrees that the Enterprise shall not be liable for any losses incurred by the User in connection with the adoption of the indicated measures of restraint or prevention of violations on fodyo.com.
By accessing fodyo.com, the User expresses his consent to receive advertising information posted on fodyo.com by third parties. The user understands and agrees that fodyo.com does not control, does not determine the content and is not responsible for such information, including sites, links to which may be contained in the relevant materials.
7. INTELLECTUAL RIGHTS
The exclusive owner of fodyo.com is the Enterprise. The user or any other person is not entitled to use fodyo.com or the Services in ways not provided for by this User Agreement without the written permission of the Enterprise. Exclusive rights to the results of intellectual activity as part of the Information provided by the Users belong to the respective Users and copyright holders.
Nothing contained on the Site should not be construed as granting user any license or right to use any copyrighted material, trademarks, logos, or other names or other intellectual property used on the site is, without the express written consent of the respective owners. The User does not acquire any ownership rights to any Content, nor is granted any rights to the commercial use, sale, resale, reproduction, licensing or sublicensing, distribution, publication, broadcasting, transmission, performance or advertising use in relation to the content.
8. USE OF INFORMATION PROVIDED BY USERS
The User agrees not to use the Information provided by another User, without the written permission of the User who posted such information, or without confirmation in any other way of the right to use such Information. All information received by the User about other Users in connection with the use of fodyo.com can only be used to complete and execute transactions in relation to the Objects. Thus, the User is not allowed to use the phone number of another User for the purposes of direct advertising or other unsolicited messages, as well as for other illegal actions or actions committed without the knowledge and/or consent of the other party.
the Enterprise’s messages intended for Users are published on fodyo.com and/or sent to Users' electronic addresses. At the same time, the User understands, accepts and agrees that the messages sent and/or their individual parts may be of an advertising nature, and may also contain advertising, information and other announcements of the Enterprise’s counterparties.
Messages of Users intended for the Enterprise are sent by the methods indicated on fodyo.com. Messages published on fodyo.com are considered delivered to the User from the moment they are published. Also the Enterprise is not responsible for the use by other Users and/or robots of phone numbers posted by the User on fodyo.com pages.
By accessing fodyo.com, the User agrees that the Enterprise may send the User emails (e- mail ) and/or short messages (SMS) specified by him, respectively, an email address or phone number, such as, but not limited to messages from Internet users in relation to Objects and (or) Announcements, including proposals for concluding a transaction from other Users, offers and messages of a different informational and / or advertising nature of the Enterprise or the Enterprise’s partners as well as transmit to third parties email addresses and phone numbers for the purpose of sending these messages.
10. DURATION OF THE USER AGREEMENT
This User Agreement shall enter into force from the moment the User starts using the fodyo.com Services, regardless of the fact of User Registration or placing an Advertisement on fodyo.com, and are valid indefinitely.
The user has the right to terminate access to his Personal Account without the possibility of restoring such access, if the Enterprise does not allow otherwise. In this case, the User does not have the right to re-register, including, using the email address specified by the User on fodyo.com as part of the credentials.
The Enterprise reserves the right, at its sole discretion, to terminate the User’s violation of this User Agreement to the Services, both in whole and in part, including to terminate or temporarily suspend the User’s access to the Personal Account. A User whose access to the Services has been terminated, or whose information has ceased to be valid, does not have the right to create a new Account repeatedly (including using the email address specified by the User earlier on fodyo.com) without the special permission of the Enterprise, as well as such a User is not entitled to use the credentials of another User to access fodyo.com.
11. TRANSFER OF RIGHTS
The Enterprise is entitled, and the User hereby gives his consent to the transfer of his rights and/or obligations under this User Agreement, both in whole and in part, to a third party. In the case of transfer of rights and/or obligations, both in general and in part, the Enterprise agrees to inform the Users to whom the rights and / or obligations under this User Agreement were transferred, both in whole and in part, by publishing the relevant information on fodyo.com. In the case of transfer of rights and/or obligations both in general and in part under this User Agreement to a third party, the third party has the right to provide similar or similar services on another site.
12. DISPUTES AND APPLICABLE LAW
When resolving all disputes under this User Agreement, the current legislation of the Russian Federation shall apply.
All disputes arising under this Agreement must be referred to the Moscow Arbitration Court or, if the dispute is not subordinate to the arbitration court, to the Tverskoy District Court of Moscow or a justice of the peace in accordance with the territorial jurisdiction at the location of the Enterprise.
Invalidation of certain parts of this User Agreement does not invalidate the other provisions of this User Agreement.