Date of entry into force : February 16, 2024
The Terms of Use Agreement (“Agreement”), made as of the Effective Date and last modified as of the date set forth above, is made between you (“User”, “you” or “your”) and:
Website URL : www.market1.me
Company name : Fina Group Doo :
Address : support@market1.me, Jola Piletica BR 22, Podgorica, 81000
E-mail : support@market1.me
Phone : 067106886
The above owner includes its affiliates, websites, applications, software and tools (the “Company”, “we”, “us” or “our”) and by this Agreement sets out the rights and obligations you have and all users share and any other media forms, media channels, mobile websites or mobile applications related or connected to it (collectively, the “Website”) for the purpose of using any content, software or other tool on the Website (“Services”).
All or part of the services offered by the Company on the Website are paid for in accordance with the following terms and conditions:
(a.) Methods of Payment . We accept payment via the methods offered at the time of purchase or when the balance is due. The provider and method of payment will depend on your location, your device and the item purchased. We reserve the right to refuse payment at any time for any reason.
b.) Currency . Payments are accepted on the Site in the currency of your location and in accordance with local laws.
c.) Refund Policy . Unless required by law, payments made by a User will not be refunded by the Company. Refund requests will be administered on a case-by-case basis and, if granted, will be at the sole discretion of the Company.
d.) In-App Purchases . If the Website Services are offered on an Android, iOS or other mobile application (“mobile app”), this Agreement also applies to payments made through the mobile app. In addition, payments made via the mobile app must also comply with the terms and conditions of the mobile app platform or “store”.
Your access to and use of the Site and Services is conditioned on your acceptance of and compliance with this Agreement, which applies to all visitors to the Site. If for any reason you do not agree to the terms and conditions of this Agreement, you may not access the Website or its Services.
In addition, your access to and use of the Services is also conditioned on your acceptance of and compliance with our Privacy Policy, which describes our policies and procedures regarding the collection, use and disclosure of your personal information, initiated by you and with use start the website. The Privacy Policy discloses details and discloses your data protection rights and protections in accordance with applicable laws. We recommend that you read our privacy policy before accessing the website or its services.
a.) Minors (under 18 years of age) .
If a user is a minor in the country in which he or she resides, the minor must obtain permission from his or her parent or legal guardian to use the Website. If a minor accesses the Website, his or her parent or legal guardian will be deemed to have read and agreed to this Agreement and to have granted the minor permission to use the Website.
b.) Children (under 13 years) .
If a user is a child under the age of thirteen (13) and is from the United States, they will be deemed to have obtained permission and verifiable parental consent to use the Site. In addition, this Agreement enables the protections set forth in Children’s Online Privacy Protection, specifically 15 U.S. Code § 6502.
We make no claim that the content of the Website is appropriate or appropriate for you or any visitor. None of the information, data or information provided on the Website is intended for distribution or use in any location where such use is prohibited or contrary to any law or regulation which would subject the Company to any legal liability of any kind. Any access to or use of the Site is on your own initiative and you are solely responsible for compliance with legal requirements.
Any supplementary modifications or documents posted on the Site after the effective date of this Agreement shall be deemed to be expressly incorporated into this Agreement.
As a user of our Services, whether on the website or mobile app, you are prohibited from engaging in the following activities:
– Systematically retrieve data or other content from the Site or Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission;
– trick, defraud, or mislead other users or us, especially in any attempt to learn sensitive account information such as user passwords;
-Circumvent, disable, or otherwise interfere with security-related features of the Site or Services, including those that restrict copying of any content or protected trademarks;
– disparage, tarnish or otherwise harm the Company, the website, the mobile app or other platforms on which the Services are offered;
– Use any information obtained from the Site or Service in order to harass, abuse, or harm another person or group of people.
– Make improper use of our support services, including without limitation our customer service representatives, or make false reports of abuse or misconduct;
-Use the Website or Services in a manner inconsistent with its intended purpose or in violation of applicable laws;
-Spamming, linking or referencing other websites for commercial or other purposes;
-upload or transmit, or attempt to do, viruses, Trojan horses or other harmful or objectionable material, including spamming or continuously posting repetitive text that has the potential to disrupt, modify, impair, disrupt, modify or interfere with any other user’s experience of the Site or its features, functions, operations or maintenance;
-Attempts at unauthorized automated use of the website, such as: B. using scripts to send comments and messages or using mining tools with the intent to collect, inject or extract data;
-Delete any copyright, trademark, disclaimer or other marks from the Site or its Content;
– Impersonate another user or person, using a username, email address, personal name or otherwise;
– Upload or transmit, or attempt to do so, any material that serves as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“GIFs”), 1×1 pixels, web bugs, cookies etc other similar devices, also known as “spyware”, “passive collection mechanisms” or “PCMS”;
-Interfere with, disrupt or create an undue burden on the Site, services, networks and other connections;
– Harass, annoy, intimidate, or threaten any other user, employee, agent, contractor, or other person affiliated with the Company;
-Disable or attempt to disable the restrictions implemented by the Website that prohibit access to certain areas;
-Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript or other code;
– Decipher, decompile, disassemble or reverse engineer any software on the Website;
– Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation any crawlable spider, robot or bot, cheat utility, scraper or offline -Reader accessed the Site or Services or used or launched unauthorized scripts or other software;
-Engaging a buyer or purchaser to make purchases on the Website;
– Any unauthorized use of the Website or Services, such as: B. collecting usernames, email addresses, or personal names of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
-Use the Site or Services as part of any effort to compete with us or otherwise use the Site, Services, Brands, Content, Data or any portion thereof for any revenue-generating endeavor, commercial purpose, or personal gain;
-Use the Site or Services to advertise or offer to sell any goods or other services;
-Sale of your user profile or account on the website.
We may grant you the right, either on the Website or through a third party, to leave a review or rating of the Services provided. Said review or rating requires the following:
-You should have first-hand experience with the person/organization being reviewed.
-Do not contain abusive, offensive, racist or obscene language;
-Do not use discriminatory language or reference religion, race, gender, national origin, age, marital status, sexual orientation or disability;
-Does not contain any evidence of illegal activity;
– Do not post negative reviews when working with one of our competitors.
– Do not make suggestions or conclusions regarding the legality of our services, products, or conduct.
– Do not post false or misleading comments about your experience with the Site or our company. And
– Do not organize a campaign that encourages others to post reviews, whether positive or negative.
We have sole discretion as to whether we accept, reject or remove reviews. Our responsibility is to review reviews to ensure that all posts regarding the website and its services are accurate and verifiable. The reviews provided by you or other users of the Site do not represent our opinions or statements about the Services or our affiliates or partners. We will not assume any liability, claim or loss arising from the reviews made on the Site. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, commercial, royalty-free, and transferable license (and sublicense ability) to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content, that relate to such reviews.
If a separate mobile application is offered in connection with the services offered on the website (“mobile app”), the following applies:
a.) Use license. We grant you a revocable, non-exclusive, non-transferable, limited license to install and use the Mobile App to access the Site and its Services. Under this license, you agree that the following are prohibited:
– Unless permitted by law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decipher any part of the Mobile App;
-Make any modifications, adaptations, improvements, enhancements, translations or derivative works from the mobile application;
– Violate any applicable laws or regulations in connection with your use or access of the mobile application;
– Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Mobile App;
-Use the Mobile App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
– Enable the Mobile App to be available over a network or other environment that permits simultaneous access or use by multiple devices or users;
-Use the Mobile App to create a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Mobile App;
-Use the mobile app to send automated requests to other websites or applications for unsolicited commercial or non-commercial use; And
– Use any proprietary information provided by or through the use of the Mobile App in the design, development, licensing or distribution of any other applications, accessories or other devices for use with the Mobile App.
b.) Apple and Android devices. When using the mobile app on an Apple or Android device (“mobile platform”), the following applies:
-The license granted to you when using the mobile application is limited to a non-transferable license on one device using one of the mobile platforms, as the case may be, in accordance with the usage rules set out in the terms of use of the relevant mobile platform and all others applicable documents;
-It is understood that we are responsible for providing all maintenance and support services in relation to the mobile app with regard to updates made by the mobile platform and in daily use.
-Any refund requests you make for purchases made through the mobile app must be requested on the mobile platform in accordance with its refund policy. We cannot assist with refund requests for payments made through the mobile app on the website.
-If the jurisdiction or applicable law of the Company or the Mobile App is in the United States, you acknowledge that:
– You are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; or
-You are not listed on any U.S. government list of prohibited or restricted parties;
Third party agreements used in connection with your wireless plan, network connection or other data service or device agreement. And
-You acknowledge that the mobile platforms used in connection with the Mobile App are third party beneficiaries of this Agreement and that each mobile platform has the right to enforce its terms and conditions regarding your access and activities while using the Mobile App.
a.) Infringement of intellectual property.
It is our duty to respect the intellectual property rights of others. Therefore, it is our policy to respond to all claims alleging infringement of a trademark, copyright or other legally protected intellectual property.
If you are the owner of any protected intellectual property that you believe is being used without your authorization, you must notify us using one of the contact details provided herein and include a detailed description of the alleged infringement.
If an application is made and it is determined that you are not the owner of the intellectual property or are not authorized to act on behalf of the owner, you may be liable for damages, which may include costs associated with legal fees for one such misrepresentation.
b.) DMCA Notice and DMCA Procedure for Claims of Copyright Infringement .
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Company with the following information in writing (see 17 USC 512(c)(3) for further details):
-An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of the copyrighted work;
-A description of the copyrighted work that you claim has been infringed, including the URL(s) at which the copyrighted work exists or a copy of the copyrighted work;
-Your contact details, including a personal name, address, telephone number and email address;
-A statement that the copyright infringement is not authorized and that the request to remove the copyrighted work is made in good faith; And
-A statement from you stating “under penalty of perjury” that the information contained in the removal of the violator is accurate.
Upon receipt of a notice of copyright infringement, we will take all steps necessary to remove the copyrighted content from the Site or Services.
Unless otherwise indicated, all source code, databases, functionality, software, graphic designs and media of any kind (e.g., audio, video, text, photographs, etc.), content, trademarks, service marks, logos and copyrights are considered intellectual and proprietary information (“Intellectual Property”). Such intellectual information is our property and is protected and defended by local, state, national and international laws.
No Intellectual Property may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written permission.
As a user of the website or one of its services, you agree to the following:
-All information used for registration purposes, if required, must be submitted accurately and completely.
– If any information about your account changes, you agree to change it in a timely manner.
-You have the legal capacity to understand, agree to and abide by this Agreement;
-You are not considered a minor in the country in which you reside or access the Site or its services;
-You will not access the Website or its Services through bots, scripts or any other means other than the intended conventional means; and
-You will use the Site and its Services in an authorized and lawful manner in accordance with this Agreement.
If the information you provide proves to be inaccurate, out of date or incomplete, we reserve the right to terminate your access to the Site or your account and any future intended use.
If our website allows the creation of a user account of any kind, you agree to be responsible for safeguarding that information, including account details, associated emails, passwords and any other personal information contained therein. If you become aware of any breach of unauthorized use of your account, you will notify us as soon as possible. In addition, you agree not to disclose passwords created with third parties to anyone except to secure services that assist you in storing passwords.
If the creation of a user name is permitted when creating an account, this user name must be suitable for public viewing and must not infringe any trademarks, copyrights or other protected names or brands.
As part of the functionality of the Site, you may be able to link and connect a social media profile to your account to share information, log in to the Site, or for any other reason consistent with the terms of this Agreement and Social Media Company Terms of Use (“Social Media Profile”).
If you link a social media profile to the Site, we acknowledge that you may be asked to disclose their login information or grant us access. Any such disclosure or access is subject to the social media profile’s Terms of Use and you understand that:
-We may access, make available and store (if applicable) any Content that you have provided and stored on your social media profile so that it is available on and through the Website through your account, including, but not limited to all contacts;
-We may transmit and receive information to your social media profile when you connect to the Website, which may include personal information.
-That you have the option to deactivate the connection between the website and the social media profile at any time; And
-That the relationship between you and your social media profile is governed solely by their Terms of Use and this Agreement in no way modifies your rights and obligations unless otherwise stated.
Due to the policies often stated in a social media company’s terms of service, we make no effort to review content created by linking a social media profile unless authorized by other users, a third party or a Another event that triggers a review is notified of the account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you are public and shall not be considered confidential unless otherwise indicated. Submissions posted on the Site shall become our exclusive property, together with all intellectual property rights, which may be used by us for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
By posting your Submissions, you agree to waive any rights to such Submissions and acknowledge their assignment to us. Additionally, you agree that no legal claim will exist following publication of such Submissions. Therefore, you are not permitted to delete Submissions in order to use them for your benefit on another platform or to reclaim your rights.
Our Site or Services may allow you to chat, post (available for public or private viewing) or other communication functions, and may provide you with the ability to create, submit, post, display, transmit, perform, publish content , distribute, or distribute content and materials on the Site, including, but not limited to, text, writings, videos, audio, photographs, graphics, comments, suggestions, personal information or other material (collectively, “Content”). The Content may be visible to other users or the general public. Therefore, any content you submit may be treated as non-confidential and non-proprietary. If you create or provide content on the website, you accept the following:
-The creation, distribution, transmission, public display or display of your Content so that it is generally available for access, downloading or copying does not infringe your or your proprietary rights, including but not limited to copyrights, trademarks, patents and trade secrets, confidential information or moral rights of third parties;
-You are the author and owner of Your Content or have the necessary licenses, rights, consents, releases and permissions to authorize us and other users of the Website to use Your Content in any manner deemed appropriate;
-You have the written consent, release or permission of each and every identifiable person to use their name or likeness in your Content;
– Your Content is not false, inaccurate or misleading to the detriment of other users, the Website or third parties;
-Your Content is not unsolicited or unauthorized advertising and will not be used in promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.
– Your Content is not obscene, lewd, lascivious, filthy, violent, constitutes harassment, is libelous, slanderous or otherwise objectionable (as determined by us);
-Your Content mocks, mocks, disparages, intimidates, or verbally abuses other users or us;
-Your Content will not be used to harass or threaten (within the legal meaning of these Terms) any user or individual or to promote violence against any specific person or group of individuals;
-Your Content does not violate any applicable laws or regulations.
– Your Content does not violate privacy concerns or the publicity rights of any third party.
-Your Content does not contain offensive comments regarding racial groups, national origin, gender, relationship status, marital status, religion, sexual preference, or physical disability. And
-Your Content does not reference any material that violates any of the above provisions of this Section or this Agreement.
By posting your content on our website, you grant us the right and license to use, modify and publicly perform, display, reproduce and distribute that content. You retain all of your rights to any Content you submit, post or display and are responsible for protecting those rights. This license includes the right for us to make your Content available to other users of the Site, third parties and the public, with or without your consent.
Our Website or Services may contain links to third-party websites or services that are not owned or controlled by us. Therefore, we are not responsible for the content, privacy policies, terms of use, practices, services, experiences, activities or other actions of any third parties. You acknowledge that in the event that you are redirected or redirected to any such third party website, you indemnify and hold us harmless and release us from any liability for any actions that may take place on such websites, which may or may not include damages, losses, etc. or any other claims.
In the event that we host, display, recommend or link to websites or services (“Ads”) for a fee, we understand that such websites and services are often unknown to us and are provided through ad-based networks based on user data. We do not own or control such Ads and are not responsible for their content, privacy policies, terms of use, practices, services, experiences, activities or other actions. Our only connection to such ads is the payment per ad, clicks or other financial benefits according to the terms and conditions or affiliate terms.
All ads used are subject to the guidelines of the Digital Millennium Copyright Act (“DMCA”). There are no refunds or compensation associated with a DMCA takedown of these ads. Our relationship with advertisers begins and ends with providing space for the placement of such ads.
In order to provide the best possible experience for all users of our Site and Services, we reserve the right, in our sole discretion, to do the following:
-To monitor our Website, Services and other content for violations of this Agreement by users;
-To take appropriate action against our users, including legal action, for those who may have violated this Agreement or attempted to defraud or cause harm to other users;
-to refuse, restrict, limit, disable or remove any files and content that impose a burden on our systems or other users due to excessive size limitations or other characteristics; and
-to otherwise administer our Site and Services in a manner that protects our rights and property and promotes the optimal operation of these Sites and Services.
Your access to and use of our website or services is conditional on your acceptance of our Privacy Policy. Our Privacy Policy describes our rules and procedures for collecting, using and disclosing your personal information and explains your privacy rights and how the law protects you and that information. All users are advised to read it to be aware of their rights. Our Privacy Policy can be found at the following URL: www.www.market1.me/privacy-policy
We reserve the right to retain certain data submitted by you through the use of the Website or any of our services. You are solely responsible for the data you submit and its connection to the activities you have carried out when using the Website and its services. Therefore, you agree that we shall have no liability to you for any loss, breach or corruption of any data and hereby waive any right of action against us that may or may not arise from such loss, breach or corruption.
We may terminate or suspend your account for any reason and at our sole discretion. If your account is suspended or terminated, we may or may not notify you in advance. Upon termination, your access to the Site and/or Services will cease immediately.
If you wish to terminate your relationship with us, you may do so by simply discontinuing your use of the Site and its Services.
This Agreement is governed by the laws of the jurisdiction of the Company named herein, including your use of and access to the Site and Services. Your use of this Site, Services and mobile apps may be subject to other local, state, national and international laws.
If you have a dispute about the Website, its content or any of the services offered, you must first attempt to resolve the dispute formally by contacting us.
a.) Mediation . If the parties are unable to agree on a dispute, it will be submitted to mediation for a period of 30 days, with each party spending at least 10 hours in accordance with United States Arbitration & Mediation procedures. All costs associated with the mediation shall be borne equally by both parties.
b.) Arbitration . If the dispute cannot be resolved during the mediation period, the dispute shall be submitted to binding arbitration within the jurisdiction of the applicable law.
We reserve the right to bring any action concerning the substance of any dispute in the courts of the country in which you or we are located.
You as a user of the website and all services offered are acknowledged to be provided on an “as is”, “where is” and “as available” basis, including errors and defects without warranty.
To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its affiliates, licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the said website and any services provided, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, as well as warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, we provide no warranty or representation, and make no representations that the Content or the services provided will meet your requirements, achieve your intended results, be compatible or work with any other software, applications or systems, devices or services, including the uninterrupted operation, or meet any performance or reliability standards, or be error-free and free from defects that can or will be corrected.
Without limiting the foregoing, neither we nor any of our providers make any express or limited representation or warranty as to:
-The operation or availability of the website or any services or the information content and materials or products contained therein;
-The website or other services will function uninterrupted or error-free;
-The accuracy, reliability or timeliness of any information or content provided through the Site or Services; And
-The website or any services, servers, content or emails sent on behalf of our company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful code.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer. Therefore, some or all of the above exclusions and limitations may not apply to you. The exclusions and limitations set forth in this section shall apply to the maximum extent permitted by applicable Rec
You agree to defend, indemnify and hold us, including any of our subsidiaries, agents or affiliates and our respective officers, agents, partners and employees, harmless from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of:
-Our Content;
-Use of the Website or any of our Services;
-You are unable to use the Website or any of our Services;
-Any breach of this Agreement;
-Any representations and warranties set forth in this Agreement;
– Any infringement of third party rights, including but not limited to intellectual property rights; and
-Any manifestly harmful act towards other users of the Website or its services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims at your expense. We agree to use reasonable efforts to notify you of any such claim, suit or proceeding subject to this indemnification as soon as we learn of it.
Unless expressly stated otherwise, all notices sent to us must be sent to support@market1.me. All notices sent to you regarding communications required to be sent under this Agreement will be sent to the email address registered to each account created on the Site.
If notice by mail is required for legal or other reasons, the mailing address in Section 1 of this Agreement should be used.
By accessing the Site or any of its services, sending e-mails, online forms, signatures or any type of electronic record or communication, you agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communication be in writing. You hereby agree that the use of such electronic means shall be deemed sufficient and the same as its physical counterpart. In addition, you hereby waive any rights or requirements under any statute, regulation, rule, ordinance or other law in any jurisdiction requiring original signature or delivery or retention of non-electronic records.
This Agreement and any policies or operating rules posted by us on the Site or through any Services or in respect thereto constitutes the entire agreement and understanding between you as a user and us as a company. Our failure to exercise or enforce any right or provision of this Agreement, shall not constitute a waiver of such right or provision. This Agreement shall apply to the maximum extent permitted by law in accordance with the jurisdiction in which we are located and the protections to which you as a user are entitled in your jurisdiction. We reserve the right to assign our liabilities, services and obligations, in whole or in part, to any other party at any time. We shall not be responsible or liable for any loss, damage, delay or failure caused by any event beyond our reasonable control.
If any provision, section, clause or part of this Agreement is determined to be unlawful, void or unenforceable, that part of this Agreement shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
This Agreement will be deemed not to create a joint venture, partnership, employment or agency relationship between you and us, the Site or any of its Services. You agree that this Agreement will not be construed against us because it has been drafted and posted on the Site for your review. Therefore, you agree to waive any and all defenses that may have been assumed under this Agreement and the failure to sign it by either party.
If this Agreement has been translated, you agree that the original English text will prevail in the event of a dispute.
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