ACCEPTANCE OF THE TERMS
Your access and use of the Topcloud website and mobile applications, as well as any service, content, and data available via them (together, the “Service” or the “Platform”) are governed by these Terms.
If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by the Terms, then do not access or use the Service.
Please also review our Privacy Policy . The terms of the Privacy Policy and other supplemental terms, rules, policies, or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason with or without prior notice.
IMPORTANT DISCLAIMERS
- ALL SERVICES RENDERED BY THE ADMINISTRATOR ARE RENDERED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTEES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.
- ADMINISTRATOR HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE EXISTENCE, QUALITY, SAFETY OR LEGALITY OF GOODS AND SERVICES PUBLISHED BY USERS ON THE PLATFORM; THE TRUSTWORTHINESS OR ACCURACY OF INFORMATION PROVIDED BY USERS IN THE ANNOUNCEMENTS; THE ABILITY OF SELLERS TO SELL GOODS OR TO PROVIDE SERVICES; THE ABILITY OF BUYERS TO PAY FOR GOODS OR SERVICES; OR THAT A USER WILL ACTUALLY COMPLETE A TRANSACTION. ADMINISTRATOR MAKES NO GUARANTEES CONCERNING THAT MANUFACTURING, IMPORT, EXPORT, OFFER, DISPLAYING, PURCHASE, SALE, ADVERTISING AND/OR USE OF PRODUCTS OR SERVICES, WHICH ARE OFFERED OR DISPLAYED ON THE PLATFORM DO NOT INFRINGE ANY THIRD PARTIES’ RIGHTS. THEREFORE, ADMINISTRATOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION TO MATERIALS AND INFORMATION POSTED BY USERS ON THE PLATFORM.
- YOU ARE ENCOURAGED TO CHECK THE GOODS BEFORE PAYMENT AND TO REQUEST THE SELLER TO PROVIDE DOCUMENTS CONFIRMING COMPLIANCE OF THE GOODS WITH APPLICABLE REQUIREMENTS OF LAWS, REGULATIONS, RULES, GUIDELINES, STANDARDS.
- YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND YOU UNDERSTAND THAT YOU SHOULD MEET WITH OTHER INDIVIDUALS FOR COMPLETION OF A TRANSACTION ONLY IN SAFE PUBLIC PLACES IN DAYLIGHT HOURS. YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING DUE DILIGENCE OF ANY INDIVIDUAL OR ORGANIZATION REQUESTING A MEETING TO CONDUCT A JOB INTERVIEW OR TO COMPLETE A TRANSACTION. ADMINISTRATOR DISCLAIMS ANY RESPONSIBILITY FOR USER’S INTERACTION WITH ANY INDIVIDUAL OR ORGANIZATION.
Account Registration
- In order to use certain features of the Service you may need to register an account on the Platform (the “Account”) and provide certain information about yourself as prompted by the registration form.
- You may create an Account as an individual or as an authorized representative of a company.
- You can register only one Account. If more than one person accesses its Account from the same device, we may request to upload the proof of identity to avoid duplicate accounts.
- You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.
- You hereby represent and warrant to us that you have reached the age of majority or are accessing the Service under the supervision of a parent or legal guardian. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.
- We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
- You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Service
- The Platform is an online service that allows users to create and publish announcements, to view announcements published by other users, to communicate with other users using the contact details provided in the announcements.
- The Administrator itself is not an importer, manufacturer, distributor or seller of any item, as well as not a provider of any service posted by users on the Platform. In addition, the Administrator is neither a marketer nor a person acting on the user’s behalf with respect to the marketing of any goods or services posted on the Platform. The actual sale and purchase contracts or services contracts are entered into directly between the users, and the Administrator itself is not a party to such transactions. The Administrator provides users with an opportunity to communicate.
- Users shall be solely responsible to collect and remit any applicable taxes resulting from the sale of their goods or services posted on the Platform.
- The Administrator reserves a right to delete or block access to announcements posted by users without any notice in the event of: (i) receiving of mandatory judgments of competent public authorities; (ii) claim of a holder of intellectual property rights to terminate infringement of his/her rights by a user on the Platform; (iii) infringements of rights or legal interests of other users, legal entities, or individuals upon their reasonable request; (iv) detecting that announcement posted by a user on the Platform breaches these Terms or any applicable law, regulation, rule or standard.
- The Administrator is authorized to delete or block announcements of users regardless of providing a user with the relevant substantiation.
- The Administrator retains the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Administrator’s actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Administrator has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
- Each user of the Service is solely responsible for any and all his or her User Content (as defined below). Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user. You agree that the Administrator will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
- The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, “Third Party Ads”). Such Third-Party Ads are not under the control of the Administrator and the Administrator is not responsible for any Third-Party Ads. The Administrator provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by online properties to which the Third Party Ads lead, may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such online properties. When you link to third party online properties, the applicable service provider’s terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads that are found on or through the Service, including payment and delivery of related goods or services, are solely between you and such third party.
- You hereby release us, our officers, employees, agents, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any Service users or any Third Party Ads.
USER REPRESENTATIONS AND WARRANTIES
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- You have the legal capacity and you agree to comply with the Terms;
- If you register yourself as a representative of a legal entity, you are authorized by the company to enter into an agreement with us and with users of the Platform;
- You are above 18 years of age;
- You will or have provided true, accurate, and complete information in your Account;
- You will update your information on your Account to maintain its truthfulness, accuracy, and completeness;
- You will immediately change data for access to the Platform if you have a suspicion that your Account access details were disclosed or probably used by the third parties;
- You will notify the Administrator of any unauthorized access to your Account;
- You will not provide any false or misleading information about your identity or location in your Account;
- You will use the Service in strict abidance by applicable laws, regulations, rules, guidelines;
- You will not use the Service for any illegal or unauthorized purpose;
- You will not post on the Platform announcements that offer for sale or exchange any Prohibited Items.
- You will not post on the Platform announcements that infringe other person’s rights or interests, including any intellectual property rights or any other personal or proprietary rights of any third party.
- You will not post on the Platform announcements that include:
- false, misleading or deceptive statements;
- personal or identifying information about minors or other persons without the proper consent;
- pornographic, overtly sexual materials;
- depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition;
- defamatory, discriminatory, mean-spirited, threatening or harassing, improper, unacceptable materials, vulgar or abusive language;
- advocacy of hate, violence, discrimination, racism, xenophobia, ethnic conflicts;
- appeals to violence and unlawful actions;
- offers of prostitution or other services contradicting moral or legal norms;
- services, provision of which is prohibited by the applicable law;
- information of solely promotional nature with no offers of specific goods or services;
- counterfeit and imitated goods or unauthorized copies. Unauthorized copies include also goods having been acquired by illegal means, pirated or stolen; and
- direct or indirect references to any other web sites, references or information about websites competing with the Platform;
- You will not use software and pursue any other actions aimed to interference with the normal operation of the Platform;
- You will not promote or distribute unsolicited commercial emails, chain letters, Ponzi schemes through the Platform or by any other means towards other users of the Platform;
- You will not copy, modify, distribute any other User Content without consent of the respective user;
- You will not harvest or otherwise collect information about users, including email addresses, phone numbers, without their consent or otherwise violate the privacy of another person;
- You will not download, store, post, distribute and provide access to, or in any other way use worms, viruses, trojans, and other malware;
- You have a legal title to the items offered for sale in your announcement; and
- You have the necessary license or are otherwise authorized, as required by applicable law, to offer for sale, to advertise and distribute goods described in your announcement.