1. Terms and definitions used in these Rules

1.1. Resource — website located on the Internet at the address: http://kuwait.yalaomnia.com/, along with iOS, Android, Windows mobile/Windows Phone-based www.kuwait.yalaomnia.com uz.ng is maintained by the Resource Administration and representing communication platform for posting of temporal classified announcements;

1.2. Register entry/account — an electronic User area within functional system of the Resource, with a help of which he/she is able to manage his/her announcements on the Resource.

2. General provisions

2.1. The Resource Administration offers to the User services related to the use of Resource for posting of information (announcements) concerning goods (services) for the purpose of further sale of various goods and services by other Users.

2.2. All transactions are concluded directly between the Users. In such a manner the Resource Administration is not a party of the transaction, but it only provides a communication trade platform for posting of announcements. Subsequently, as described in much more details herein, the Resource Administration is not a party of such transactions, neither has any control over any element of such transactions, nor bears any responsibility with regard to any party in relation to such a transaction.

2.3. These Rules on use of the Resource (hereinafter — the Rules) have been developed by the Resource Administration; they determine the terms and conditions of use of the Resource and rights and obligations of its Users and the Resource Administration, as well. The Rules also cover relations connected with the rights and interests of the third parties not being the Resource Users, but which rights and interests could be affected following such activities of the Resource Users.

2.4. These Rules shall be a legally binding agreement between the User and the Resource Administration, which subject is a provision of access to use of the Resource and to its functionality to the User by the Resource Administration. Among these Rules the agreement between the User and the Resource Administration comprises also all specific documents, by which a provision of access to use of the Resource is regulated, including Privacy Policy, Service Fee Policy, and other documents as well being developed by the Resource Administration from time to time.

2.5. The User shall comprehensively familiarize himself/herself with these Rules prior to logging-in to the Resource or posting announcements. User logging to the Resource either by filling of appropriate forms on a registration page, or by means of entering via a social network, as well as posting of announcement by filling of appropriate forms at the Resource shall mean a complete and unconditional acceptance of these Rules by the User.

2.6. The Resource Administration shall not be responsible for the announcements posted, reference information, companies data, users communication, including, but not limited to, messages from e-mail, chat, or any other communication facilities, either via Resource or any other web site, for any offers, comments posted by users, files, images, photos, videos, sounds or any other materials available through the Resource.

2.7. The Resource Administration does not pursue actions focused on checking of materials posted by Users; the Resource Administration expressly disclaims all responsibilities in relation to materials posted by Users too. The Resource Administration prevents infringement of copyright and intellectual property right infringement in the course of using of the Resource. The Resource Administration shall be free to delete any User material, which infringes intellectual property rights, at its own discretion. The Resource Administration reserves a right to delete any user-posted material without prior notice. The Resource Administration is entitled also to terminate Users’ access to the Resource, in the event that such Users repeatedly infringe rights or commit any actions in contrast to these Rules. The Resource Administration reserves a right to determine whether the posted materials comply with the Rules.

2.8. The Resource Administration may set limits of active announcements for appropriate columns. The Resource Administration can render services of increasing of a column limit by means of sales of an announcements package.

2.9. These Rules can be changed and/or amended by the Resource Administration unilaterally without any prior specific notice. These Rules shall represent an open publicly available document. The current edition of the Rules can be found on the Internet at the address: http:// www.kuwaityalaomnia.com uz.ng/rules. The Resource Administration advises the User regularly to check terms and conditions of the Rules for any alterations and/or amendments. Further use of Resource by the User after any alterations and/or amendments being introduced to the Rules shall mean User’s acceptance and agreement with such alterations and/or amendments.

3. Statuses of the Resource Users

3.1. User’s logging to the Resource is free of charge, voluntary, and can be carried out through the address on the Internet: http:// www.kuwaityalaomnia.com uz.ng.

3.2. The Resource User shall be an individual registered to the Resource in an order stipulated herein, who is of age permissible for acceptance of these Rules pursuant to legislation of state, which citizen the User is, being appropriately authorized (hereinafter — the User). The Users may also act on behalf of the company that provides goods and services and intends to post announcements to the Resource. In this case Users shall be empowered for such representation in a written form.

3.3. During registration to the Resource the User shall provide necessary veridical and current information for the purpose of generation of User account, which includes each User’s unique login (email address), and a Resource password, as well as his/her surname and name. Resource Registration Form may ask the User to provide more detailed information.

3.4. The User shall be responsible for authenticity, currency, completeness and statutory compliance of information he/she provides, and for its freedom from the third-party claims.

3.5. During registration the User shall acknowledge these Rules and undertake all rights and responsibilities specified herein in relation to the use and functioning of the Resource. The User obtains full access to using of the Resource functionality and fee-based services provided that he/she pays for such services.

3.6. Login and password selected by the User shall be necessary and sufficient information for getting access to the Resource. The User shall not be entitled to hand over his/her login and password to the third parties, as well as shall be fully responsible for their security by individually selecting ways, in which they would be stored. The User may permit to store his/her login and password (with a use of cookies files) on the used hardware and software for further automated authorization on the Resource.

3.7. Until the User proves conversely, any actions committed under his/her login and password shall be deemed as committed by a relevant User. In the event of unauthorized access to the login and password and/or to the User profile, or when login and password were distributed, the User shall immediately notify the Resource Administration hereof.

4. Responsibilities of the Resource Users

4.1. When using the Resource the User shall:

4.1.1. ensure compliance with the provisions of applicable law, these Rules and other specific documents of the Resource Administration;

4.1.2. provide veridical, complete and current data during registration, ensure them being updated;

4.1.3. The User shall immediately change data for accessing to the Resource, if he/she has a suspicion that his/her email address and password used for entering to the Resource were disclosed or probably used by the third parties.

4.1.4. notify the Resource Administration of unauthorized access to the personal account and/or of unauthorized access to and/or use of User’s login and password;

4.1.5. prevent other Users’ getting access to the personal account or any specific information contained on it, if this can lead to violation of the laws of the Russian Federation and/or these Rules, and special papers of the Resource Administration;

4.1.6. avoid posting of information and objects (including references hereto) to the Resource, which can infringe other persons’ rights and interests;

4.1.7. avoid posting of information and objects (including references hereto) to the Resource prohibited by these Rules and by law;

4.1.8. preevaluate legal validity of posting of such materials prior to actually post them;

4.2. Each User shall warrant and acknowledge that (a) he/she undertakes full responsibility for obtaining of all necessary permits in relation to any User content, which he/she represents, downloads, or displays; (b) any User content represented, downloaded or displayed by him/her does not infringe any copyrights, patents, rights for trademarks, firm names, commercial secrets or any other personal or proprietary rights of any third party (“Third party rights”); and (c) he/she is entitled and authorized for sale, trade, distribution or export, or for offer for sale, trade, distribution or export of products and services described in User content, and such sale, trade, distribution or export, or offer does not infringe any Third party rights.

4.3. Upon existence of doubts concerning legal validity of some or other actions, including with regard to posting of information or provision of access the Resource Administration recommends to refrain from exercising of the latter.

4.4. Using the Resource the User shall not:

4.4.1. log in as a User on behalf or instead of other person (“false account”). However, the User can log in for and on behalf of other individual or legal entity subject to receipt of necessary well-documented authorities

4.4.2. confuse User concerning his/her personality using login and password of any other registered User;

4.4.3. illegally download, store, post, distribute or provide access to or in any other way use intellectual property of Users and the third parties;

4.4.4. perform bulk mailing to the addresses of other Resource Users without their consents;

4.4.5. use software and pursue any other actions aimed to interference with normal operation of the Resource or Users personal areas;

4.4.6. download, store, post, distribute and provide access to, or in any other way use viruses, Trojans and other malware;

4.4.7. without specific permit of the Resource Administration use automatic scripts (programs, bots, crawlers) in order to collect information on the Resource and/or for interaction with the Resource and its functionality;

4.4.8. in any way, including, but not limited to, fraudulently, be way of breach of faith or crack, endeavor to get access to other User’s login and password;

4.4.9. perform illegal collection and processing of other individuals’ personal data;

4.4.10. use the Resource otherwise but via interface provided by the Resource Administration, except when such actions were directly permitted to the User pursuant to a separate agreement with the Resource Administration;

4.4.11. reproduce, duplicate, copy, sell, carry out trade transactions and resell access to using of the Resource for any purposes, except when such actions were directly permitted to the User pursuant to a separate agreement with the Resource Administration;

4.4.12. post any other information, which upon individual opinion of the Resource Administration is undesirable, disagrees with the purposes of creation of the Resource, encroaches Users’ interests or otherwise presents itself as undesirable for being posted to the Resource;

5. Terms and conditions of posting of announcements by the User

5.2. The User shall be entitled to post announcements to the Resource upon his/her registration/authorization on the Resource by filing of an appropriate form on the Resource having indicated the parameters of goods and services offered.

5.3. The User shall be entitled to use fee-based services in order to promote his/her announcements. Terms and conditions of provision of such fee-based services by the Resource Administration are specified in the appropriate part of the Rules and given on page http:// www.yalaomnia.com uz.ng/billing-policy.html

5.4. The User shall be entitled to submit to the Resource Administration documents confirming legitimacy of posting of announcements in relation to goods and services. In such a case the Resource Administration can encourage such Users by providing them services of announcements promotion free of charge. The Resource Administration determines the events and scope of provision of such services on its own.

5.5. The User, who posts announcements with regard to sale of goods and services to the Resource, shall place information about them in accordance with these Rules and provide precise and complete information about the goods and services, as well as about the terms and conditions of sale of them. When the User places information about goods or services, he/she hereby confirms being legally authorized to sell these goods or render such services pursuant to laws of states, in which they are sold, as well as that he/she has obtained all necessary approvals.

5.6. The User warrants that goods/services he/she offers corresponds with quality norms established by legislation of states, in which they are sold, and are free of the third parties’ claims.

5.7. The User warrants that goods/services he/she offers, provided that any special permits are needed for sale or rendering of them, will be sold/rendered in accordance with the requirements of states, which special authorities will be empowered to supervise such User’s activity.

5.8. The User shall thoroughly check all information about goods and services posted by him/her to the Resource, and, in case of any incorrect information detected, add necessary data in the description of goods or services. If no possibility exists to do so, the User shall adjust incorrect information by having annulled the announcement and posted information about goods or services again.

5.9. Delivery conditions should be included in a goods description, and services terms and conditions should form a part of service description. Goods sale and service terms and conditions developed by the User shall not interfere with these Rules and applicable legislation of states, for which they are sold.

5.10. Price of goods or services shall be exact. If it is perceived to be changed due to any specific circumstances, the terms and conditions of price change shall be provided in an announcement.

5.11. The User is not allowed to post or distribute:

• – false, misleading or deceitful information;
• – disreputable, defamatory, threatening or harassing, improper, unacceptable information;
• – discriminative information, or information that facilitates discrimination on the basis of race, sex, religion, nationality, invalidity, sexual orientation or age;
• – information which violates these Rules;
• – information which violates applicable laws and regulations (including, without limitation, those regulating export control, consumer protection, unfair competition or false advertising, intellectual property rights);
• – direct or indirect references to any other web sites, which comprise any content being able to violate these Rules;
• – vulgar abusive language;
• – advocacy of hate, violence, discrimination, racism, xenophobia, ethnic conflicts;
• – appeals to violence and unlawful actions;
• – data infringing personal (non-proprietary) rights and intellectual property rights of the third parties;
• – information that facilitates fraud, deception or breach of faith;
• – information leading to transactioning with stolen or counterfeit objects;
• – information violating or encroaching on the third party’s property, commercial secret or right to privacy;
• – personal or identifying information about other persons without their express consent;
• – information comprising data which may encroach on privacy right, abuse anybody’s honor, merit or business reputation;
• – information comprising slander or threats directed against whosoever;
• – information of pornographic nature;
• – information which may inflict damage to under-ages;
• – false or misleading information;
• – viruses or any other techniques being able to damage the Resource, Resource Administration or other Users;
• – information about services deemed to be immoral, such as prostitution or other forms contradicting moral or legal norms;
• – references or information about websites competing with the Resource services;
• – information representing “spam”, “chain letters”, “pyramids schemes” or undesirable or deceitful commercial advertising;
• – information distributed by information agencies;
• – information offering to earn over the Internet without employer’s actual address or direct contacts indicated;
• – information of multistage and network marketing or any other activity, which requires recruiting of other members, subagents, sub-distributors, etc.;
• – information of solely promotional nature with no offers of specific goods or services;
• – information or announcements about counterfeit and imitated goods or unauthorized copies. Unauthorized copies include also goods having been acquired by illegal means, pirated or stolen. Such goods may infringe intellectual property rights, and trademark rights as well;
• – information or announcements on sale being able otherwise to violate legislation of state, which this announcement is intended for.

6. Intellectual rights condition

6.1. If User posts legally owned content to the Resource, he/she hereby grants to other users and the Resource Administration non-exclusive rights for its use solely in the scope of functionality provided by the Resource, except when such use damages or may damage legally protected right holder’s interests.

6.2. The User also grants to the Resource Administration a non-exclusive right to use content, which is located on the Resource and legally owned by him/her, without a compensation so that the Resource Administration would be able to ensure operation of the Resource to the extent determined by its functionality and architecture. The abovementioned non-exclusive right is provided for the period of posting of content to the Resource covering all states over the world. The Resource Administration is entitled to assign rights described in this clause to the third parties.

6.3. Any use of the Resource or any content on the Resource, except that permitted by these Rules or in the event of express right holder’s consent to such use, without prior written consent of a right holder is strictly prohibited.

6.4. Responsibility for violation of exclusive rights. The User shall be solely responsible for any content or other information, which he/she downloads or in any other way make publicly available (posts) on the Resource, or by its means. The User shall not download, distribute or post content to the Resource, if he/she is not properly entitled to such activity. In case of infringement of rights being detected, the rules of filing of notification on the infringement of rights stipulated herein shall be used.

6.5. The Resource Administration may, but not shall, review the Resource for a presence of any prohibited content and may delete or displace (without notice) any content at its discretion, for any reason or without it, including but not limited to deletion or displacement of content which according to the Resource Administration violates these Rules, laws and/or may infringe rights, inflict damages or endanger safety of other Users or the third parties.

6.6. Materials on the Resource, except those posted by the User, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. (“Materials”) and trademarks, service marks and logos included in it (“Marks”) belong to the Resource Administration representing items of copyright and of any other intellectual property rights. Unauthorized use of such materials and marks without prior notice of the Resource Administration is not allowed.

7. Notification on the infringement of rights

7.1. If you are a holder of intellectual property rights or a person authorized to act in the name of a holder of intellectual property rights and you reasonably believe that information which is posted to the Resource someway infringes your intellectual property rights or intellectual property rights of a person, in which name you act, you may provide notification to the Resource Administration requiring to delete such material. In this regard you shall warrant that your appeal has a legal basis, and you act in good faith according to law.

7.2. Providing relevant notification concerning infringement of rights you shall ensure that your request corresponds to the form below and includes the following:

An appeal should include physical or electronic signature of a person empowered for acting in the name of a holder of exclusive right, which is believed to be infringed;

The items of intellectual property right, rights on which were supposedly infringed, shall be specified. If several items exist the entire list of such items shall be provided;

You shall specify materials (with an indication of specific URL-pages), which are stated to infringe rights or themselves are the objects of infringement;

You shall provide contact information so that the Resource Administration would be able to contact you, for example, address, phone number, and email address;

A signed application with regard to your faithful and reasonable believe in that materials being the objects of complaint concerning infringement of intellectual property rights are used without a right holder’s or its representative’s consent, and also that this is not allowed by law;

A signed application with regard to that a holder of intellectual property rights releases the Resource Administration from any third parties’ claims related to deletion of relevant materials by the Resource Administration;

A signed application with regard to that information contained in a notification is accurate under penalty of perjury, and you are authorized to act in the name of a holder of exclusive right, which has been supposedly infringed;

Statutory regulations indicated which you believe to be violated in connection to using of disputable content;

A state indicated, in which territory you believe the rights to be infringed;

Copies of documents establishing rights for an object of intellectual property right, which is subject to security, as well as a document that confirms powers for acting in the holder’s name, in attachments to your appeal.

Relevant notification shall be sent to email support@
www.yalaomnia.com uz.ng

8. Antispam policy

8.1. These Rules strictly prohibit mailing out of undesirable advertisements via email, or of any other undesirable messages, or by means of the Resource. The Resource Administration may periodically control letters delivery within the Resource for spam mailouts.

9. Limitation of liability

9.1 ALL SERVICES RENDERED BY THE RESOURCE ADMINISTRATION ARE RENDERED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND THE RESOURCE ADMINISTRATION DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTIES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.

9.2 THE RESOURCE ADMINISTRATION MAKES NO WARRANTIES CONCERNING AUTHENTICITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENCY OF ANY INFORMATION PROVIDED BY MEANS OF THE RESOURCE; THE RESOURCE ADMINISTRATION MAKES NO WARRANTIES CONCERNING THAT MANUFACTURING, IMPORT, EXPORT, OFFER, DISPLAYING, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES, WHICH ARE OFFERED OR DISPLAYED ON THE RESOURCE DO NOT INFRINGE ANY THIRD PARTIES’ RIGHTS; AND THE RESOURCE ADMINISTRATION MAKES NO WARRANTIES OR REPRESENTATIONS OF WHATSOEVER NATURE CONCERNING ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED ON THE RESOURCE.

9.3 Any data downloaded or in any other way acquired by means of the Resource are created at each User’s discretion, and each User shall be fully responsible for any damages inflicted to the computer system or loss of data, which may arise as a result of downloading of any such data.

9.4 The Resource Administration and affiliated parties shall bear no responsibility for materials posted by the Users, as well as for goods and services offered by the User for trade. The Resource Administration disclaims all warranties regarding that quality of goods and services acquired by means of the Resource will be consistent with a buyer’s expectations and/or demands. The Resource Administration makes no warranties about that goods, services or information ordered by means of the Resource will be provided by the Resource User in accordance with a buyer’s expectations.

9.5  Each User agrees to be obliged to indemnify the Resource Administration, affiliated parties, directors, officials and employees from any and all losses, claims, liabilities (as well as from legal costs to the fullest extent), which may arise following Users’ use of the Resource, or as a result of violation of any condition of the Rules. Each User hereby agrees to indemnify the Resource Administration, affiliated parties, directors, officials and employees from any and all losses, claims, liabilities (as well as from legal costs), which may arise following Users’ violation of representations and warranties made by him/her towards the Resource Administration.

9.6  Each User hereby agrees to indemnify the Resource Administration, affiliated parties, directors, officials and employees from any and all losses, claims, liabilities, which may arise, whether directly or indirectly, as a result of any claims, made by holders/claimants of the Third parties or other parties’ rights, related to the goods and services offered or displayed on the Resource. Each User hereby acknowledges that the Resource Administration shall have no liabilities or responsibilities against you with regard to any data posted by any other persons, as well as those discreditable or illegal, and risk of losses related to such data remains entirely with each User.

9.7 The Resource Administration shall not be responsible for any expressed or implicit, penalty, accidental or consequential losses or damage of whatsoever nature (including, but not limited to, losses related to loss of profit or saving, termination of business, loss of information, loss of benefit), incurred as a result of transactioning, negligence, delinquency, or in any other way, or any other losses related to the following actions:

• – use or impossibility of use of the Resource;
• – in case of any defects of goods, patterns, data, information or services purchased of otherwise acquired from the User or by any other party by means of the Resource;
• – infringement of the third-parties rights or claims, or requirements for production, import, export, distribution, offer, display, acquisition, sale and/or use of User’s products or services, offered or displayed on the Resource, which may infringe or may be purported as infringing the third parties’ rights; or a claim of any party related to rights protection;
• – unauthorized third parties’ access to any User’s data or personal information;
• – applications or actions of any Resource User; or
• – other actions related to use of Resource and arising by negligence, as well.

9.8 Limitations and exclusion of liability against you shall be used to the fullest extent in accordance with these Rules.

9.9 The Resource Administration reserves a right to delete or block access to information posted by User without notice in the event of:

receiving of mandatory judgments of competent public authorities; claim of a holder of intellectual property rights to terminate infringement of his/her rights by a user on the Resource; other infringements of rights or legal interests of other Resource Users, of legal entities or individuals upon their reasonable appeal; detecting information, which posting to the Resource is prohibited under these Rules.

9.10 The Resource Administration shall be entitled to block access to information posted by users to the Resource at its sole discretion having provided a user with relevant substantiation.

10. Users and organizations interaction

The Resource Administration disclaims any responsibility for User’s interaction with any organizations and/or persons in the course of using of the Resource. This includes, but not limited to, payments for and delivery of goods and services, as well as any other interaction in relation to other organizations and/or individuals. Transactions are concluded only between Users and such organizations and/or individuals. The Resource Administration disclaims responsibility for such interactions or other losses incurred following such relations or interactions. If any dispute arises between you and one or several other users, you shall indemnify the Resource Administration, its officials, employees, agents and successors from any and all claims, requirements and losses (whether direct or indirect) of whatsoever kind or nature, which arise or relate to such disputes and /or goods and services.