User Agreement for the provision of services of the Website «SOTA.am»

This User Agreement governs the relationship for the use of the Internet resource with the address https://sota.am/ (from now on referred to as «Website») between «SOTA.am» (from now on referred to as the «Contractor») and a legal or individual person using the Website to search, view and/or posting Advertisements (from now on referred to as the – «User»).

By registering on the Website or using the Site to search/view Advertisements, the User agrees to this User Agreement (hereinafter referred to as the «UA») and assumes the rights and obligations specified therein related to the use of the Website.

Posting on the Website of Advertisements not aimed at carrying out business activities is free, unless otherwise expressly stated on the Site and/or in the UA and/or Offer. In the absence of a special indication on the Website and/or in the UA and/or Offer, the opposite is also true: a free advertisement submitted by the User directly indicates that it was submitted not in connection with or to carry out business activities. Users are obliged to conscientiously use the capabilities of the Website and not allow the placement of Advertisements that do not correspond to the actual goals of the Users. Terms used in this UA.

Internet resource is a set of integrated software, hardware, and information intended for publication on the Internet and displayed in certain text, graphic, or audio forms. The Internet resource is available to Internet users through a domain name and (Uniform Resource Locator) - a unique email address, allowing access to information and hardware and software or through the corresponding mobile application.

The Website is an Internet resource that allows the User to post, search, and view Advertisements. All rights to the Website belong to the Contractor.

The User’s account on the Website (hereinafter referred to as the «Personal Account») is an access interface for managing the placement of the User’s Advertisements, other services, their payment, and performing other actions with information materials provided for the Website. Login is carried out using the User's Registration Data.

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

Advertisement - an information message from the Website User containing an offer about the Product (including contact information, images, and any related information), posted by the User on the Website, addressed to an indefinite number of persons.

Goods - any product, product, service, job offer, or other offer for which the User places an Advertisement on the Website.

1. Subject of Agreement

1.1 The Contractor offers you its services on the terms that are the subject of this User Agreement.

1.2 The User Agreement may be changed by the Contractor without warning. The new edition of the User Agreement comes into force from the moment it is posted on the Website unless otherwise provided by the new edition of the User Agreement.

1.3. The current version of the UA, as well as other documents governing the rules for using the Website and the provision of Website services, is always located on the Website and is available to all Users.

2. Service Description

2.1. The Website is an Internet platform that allows the User to independently, at his peril and risk, place offers addressed to an indefinite number of persons to complete a transaction about the Product, which the User is authorized to dispose of (make offers), and other users of the Site to accept or not accept at their discretion and under its responsibility for proposals posted on the Site by the User, to enter into or not to enter into a corresponding transaction with the User who posted the Advertisement on the Site. The Contractor in no way can be considered and is not the organizer of the transaction, buyer, seller, intermediary, agent, or representative of any user of the Website and/or other interested parties about the transaction proposed/concluded between users of the Website. All transactions between users of the Website made due to the User posting an Advertisement on the Site are concluded and executed without the direct or indirect participation of the Contractor.

2.2. The Contractor does not give the User any guarantees that any offers made to users of the Website by posting an Advertisement on the Site or using the contact information found in the Advertisement, will be received and considered by other users of the Website.

2.3. The User undertakes to exercise caution when choosing a counterparty, and decides on the transaction at his responsibility, independently verifying that the offer contained in the Advertisement on the Website is valid and legal.

2.4. The Contractor also provides paid services using the Website, the provision of which is regulated by the Public Offer.

2.5. The provision of paid services of the Website is governed by the public Offer - https://sota.am services/offer, with which the User agrees when paying for paid services.

3. Rights and responsibilities of the Contractor

3.1.Rights

3.1.1 Information received on the Website is considered the property of the Contractor. The Contractor does not bear any obligation to ensure confidentiality about this information unless there is a written agreement with the User to the contrary or the relevant requirements of current legislation.

3.1.2 The information contained on the Website cannot be reproduced or used for publication without the written permission of the Contractor unless the page containing such information clearly states otherwise. Copying of information contained on the Website may only be carried out by individuals for personal use.

3.1.3 Under no circumstances shall the Contractor be liable for damage, losses, or expenses arising in connection with the use of the Website or the inability to use it.

3.1.4. The Contractor has the right at any time, at its discretion, to conduct a random check of the Advertisements for the User’s compliance with this Agreement, including automatically using the software. In case of detection of violations, including in the case of receiving complaints from third parties about such violations, the Contractor has the right to determine the quality of advertisements, their compliance with the requirements of this UA and the legislation of the Republic of Armenia, suspend or terminate the User’s access to certain services of the Site, including rejection or blocking Advertisements and/or User access to the personal account without notifying the User about it. By decision of the Contractor, blocking of Advertisements and/or registration data of the User on the Site may be temporary or permanent, depending on the volume and number of violations of this User Agreement committed by the User and other rules for using the Site established by the Contractor. If the User eliminates the violations committed, the Contractor has the right to restore the previously blocked Advertisement or the User’s access to his personal account.

3.1.5. The Contractor has the right to unilaterally change this UA and other documents governing the rules for using the Site and the provision of Site services. The new edition of these documents comes into force from the moment it is posted on the Website unless otherwise provided by the new edition of the relevant document.

3.2 Responsibilities

Under this User Agreement, the Contractor undertakes to:

3.2.1 Provide the User with the opportunity to post Advertisements on the Website, and search for Advertisements of other users located in the Website database, following the rules and restrictions established by the Contractor at a given time.

3.2.2 Provide the User with the opportunity to manage access to his Advertisement and set other settings available to Users at a certain point in time through his personal account.

3.2.3 Provide the User with the opportunity to delete the Advertisement and/or his registration data at any time at his discretion.

3.2.4 Provide the User with the opportunity to completely delete all information posted by him on the Website through his personal account at any time at his discretion.

4. Obligations of the User upon registration

Under this User Agreement, the User undertakes to:

4.1 Know and comply with the Rules for publishing Advertisements, which are an integral part of these Terms of Use.

4.2 Do not post information in any way, through the website, in violation of the legislation of the Republic of Armenia and international law.

4.3 Do not post knowingly false information.

4.4 Do not post and/or transmit, using the Website, materials, and/or Products if the User does not have the appropriate rights to do so. This applies to materials protected by copyrights, trademarks, and patents, as well as agreements on non-distribution of information, confidentiality, goods for the sale of which it is necessary to obtain appropriate permissions, in the absence of such permissions, and the like.

4.5 Do not violate the information security of the website.

4.6 Do not embed executable code on the User side, do not embed any embedded objects, use frame and iframe, cascading style sheets, html code.

4.7 Do not introduce yourself in someone else's name or on behalf of someone else (individual or organization). Do not mislead other users and the website administration regarding your identification in any way.

4.8 Do not destroy and/or change any materials on the Website that are not the author of the User.

4.9 Do not use information about telephone numbers, postal addresses, or email addresses for purposes other than the subject of the website (searching, viewing, and posting Advertisements).

4.10 Do not register using someone else's e-mail address, or an address that the User does not have the right to use.

4.11 Do not transfer the password to access your personal account to third parties. The User is fully responsible for all damage caused to him by third parties resulting from the intentional or unintentional transfer by the User of the password from his personal account to another person. The User is responsible for maintaining the confidentiality of the password and for any use of the Site through his password.

4.12 By registering on the website, the User agrees to receive informational and advertising messages from the Contractor and its partners at the specified email address, which can be refused by clicking the «unsubscribe» button.

4.13. When visiting the Website, the User's cookies are saved to analyze the User's behavior on the Website, determine the User's interest, and optimize the advertising campaign. Cookies are text files sent by the web server and stored on the User’s computer, used to authenticate the User, track the state of his session, and store statistics about the use of sites on the Internet by users. When visiting the Website, the User agrees to save his cookies and transfer them to third parties to analyze the User’s behavior on the Website and receive targeted advertising messages. The user agrees to receive targeted advertising by the processed data obtained from the analysis of his cookies. The user may refuse to store cookies by changing the settings in the privacy / confidentiality / personal data settings (depending on the browser terminology) of the web browser he is using.

5. Rules for posting Advertisements on the website

5.1 Responsibility for the accuracy of the information contained in the Advertisements lies with their submitters (users who posted the Advertisements). The Contractor is not obliged to carry out a preliminary check of Advertisements posted and/or distributed by the User through the Website. The User acknowledges and agrees that he must independently assess all risks associated with the placement, distribution, and search of Advertisements, including assessing the reliability, completeness, or usefulness thereof.

5.2 The Contractor reserves the right, at its discretion, to refuse the User to post and/or distribute Advertisements, as well as to remove Advertisements from the Website, without prior notice to the User or explanation of the reasons.

5.3 The Contractor has the right to change the requirements for the content and conditions for posting Advertisements.

5.4 The Contractor reserves the right to editorially process Advertisements to give them qualities that are convenient for reader perception.

5.5 The Contractor reserves the right not to enter into correspondence with the authors of Advertisements.

5.6. By posting an Advertisement containing an image (including a photograph) on the website, the User grants the Contractor the right to use the specified image (an open license to use a work of art) in the following ways:

• provided for article 3R-142 RA;
• posting and distribution on the Internet and/or using e-mail among third-party Internet users. The place, time, audience, and sites among which/on which the specified images will be distributed/posted are determined by the Contractor independently at its discretion. At the same time, the Contractor does not guarantee such placement and distribution, as well as requests from third-party Internet users to the User regarding the User’s Advertisement;
• placement of the image as advertising material for the Contractor on the Internet.

The above right of use is transferred to the Contractor by the User free of charge, without territory limitation, from the moment the User places an Advertisement containing the corresponding image on the Website, for the entire duration of the exclusive right to the image, with the ability to transfer the said right to third parties. The user allows the use of images without indicating the author's name and also guarantees that these images do not violate the rights of third parties. The ability to transfer this right to third parties. The user allows the use of images without indicating the author's name and also guarantees that these images do not violate the rights of third parties.

5.7 Advertisements are not allowed for publication on the website:
5.7.1 The content of which violates the legislation of the Republic of Armenia (contains propaganda of violence, racial hatred, pornography, etc.).

5.7.2 The content of which violates generally accepted norms of morality and morality.

5.7.3 Information that contradicts the Website Policy and the Rules for Placing Advertisements on the Website.

5.7.4. Containing an offer for a Product, the sale of which requires obtaining special permits, in the absence of such permits.

5.7.5. Containing an offer for a Product, the circulation of which is limited or prohibited by current Armenian legislation and/or international agreements.

6. Access to personal information of Users

6.1 All information contained in the Advertisements posted by the User on the Website is publicly available, except the password to access your personal account and the information contained in this section. By posting Advertisements on the Website, the User understands that the posted information is published on the Website in the public domain, that is, it is available for review by any visitor to the Website (an unlimited number of persons) located anywhere, from a device with Internet access. Accordingly, the User understands and accepts all the risks associated with such posting of information, including, but not limited to: the risk of the email address getting included in spam mailing lists, the risk of the email address getting to various types of scammers, the risk of a telephone number becoming available to SMS spammers and/or SMS fraudsters and other risks arising from such placement of information.

6.2 The User's access to changing the information contained in the Advertisement is made only based on the unique login and password chosen by the User when registering on the Website. The User is responsible for the safety of the password.

6.3 If the access password is lost, the User has the opportunity to receive a password reminder to the email specified by him during registration and log into his personal account.

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

• technical problems in software, servers, or computer networks beyond the control of the Contractor;
• interruptions in the operation of the website associated with intentional or unintentional use of the website for other purposes by third parties;
• transfer of passwords or information from the Website (including unintentional) by Users to other persons who do not have access to this information due to the terms of registration and concluded agreements with the Contractor.

6.5. The User independently and voluntarily decides to provide the Contractor or place in the public domain personal and other information about himself (last name, first name, patronymic or nickname of the User, email address, mobile phone number, as well as any other information provided by the User when using the Website) for execution of this User Agreement.

6.6. By registering on the website, the User agrees to the collection, processing, storage, and use of the personal data entered by him (full name, phone number, e-mail, etc.) by RA Law No. 3R-142 dated May 18, 2015 («On the protection of personal data»). The user also agrees to the transfer of this data to a third party, if the third party is a partner of «SOTA.am» and provides information systems to provide users with additional services. In this case, the transfer of data to a third party must be carried out using automation tools that ensure adequate protection of the rights of the subjects of this data, and the information system on the third party’s side must have an appropriate certificate.  Cross-border data transfer is possible only if the foreign country in which the information system servers are located provides adequate protection of the rights of personal data subjects. The user can deactivate his account at any time by contacting Customer Support.

6.7 The User's access to changing personal information contained in the profile (Last Name, First Name, Patronymic, etc.) is made only based on the unique login and password entered by the User during registration.

7. Use of materials from the website

7.1 Each user of the Website is responsible for the information posted on his behalf and for the consequences of this posting.

7.2 The Website is only a means for transmitting information and the Contractor is in no way responsible for its accuracy and relevance.

7.3 The Contractor makes every possible effort to exclude careless, inaccurate or deliberately incomplete information from the Website, however, ultimately, responsibility for it lies with the persons who posted it.

7.4 When reprinting or otherwise using materials from the website, a link to the website is required.

7.5 If the User saves an advertisement or part of the information contained in the Advertisement in his own database outside the website, the User is responsible for this within the framework of the Law “On the Protection of Personal Data”, as a personal data operator.

7.6 The use of software (scripts, robots) to read information from the Site is not permitted.

7.7 The logo, name, design elements, design, and general appearance of the Site are the property of the Contractor, and their use is prohibited.

8. Guarantees and liability

8.1. Since the User independently, at his discretion and outside the control of the Contractor, places Advertisements on the Site, which may be of an advertising nature, the User is considered an advertiser and advertising distributor about all Advertisements posted by him on the Site with all the ensuing consequences provided for by the RA Law “On Advertising”.

8.2. By posting Advertisements on the Website, the User guarantees that he has the right to sell the Products specified in the advertisement, including that the Product has passed mandatory certification (if required by law for this type of product). The user is solely responsible for his violation of the guarantees specified in this paragraph. The Contractor has the right to request from the User supporting documents for the Goods (including a declaration/certificate of conformity) specified in the relevant Advertisement. If the User fails to provide supporting documents for the goods, the Contractor has the right to remove the corresponding advertisement from the website without applying any penalties to the Contractor.

8.3. The User is responsible for the compliance of the content of the Advertisement posted by him with the current Armenian legislation, including, but not limited to, the Law «On Employment» of the Population in the Republic of Armenia, «On Advertising». In the event of claims being made against the Contractor by third parties (including, but not limited to government bodies), regarding the Advertisement(s) posted by the User or the Product specified in the relevant Advertisement, the User undertakes to independently and at his own expense settle such claims, and if they arise in connection with the above claims against the Contractor for losses, compensate them to the Contractor in full.

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

8.5. Using information from the website, the User understands and accepts the risks associated with the possible unreliability of the information posted on the website, as well as the fact that some information may seem threatening, offensive, deliberately false, rude, obscene, and independently decides on the possibility of using the website.

8.6. The Contractor does not guarantee that the Advertisements published by the User will be viewed by a certain number of website users or at least one.

8.7. The Contractor does not guarantee that the software, servers, and computer networks used by the website are free from errors and computer viruses. If the use of the website results in loss of data or damage to equipment, the Contractor is not responsible for this.

8.8. The Contractor reserves the right, at its sole discretion, to terminate the access of a User who violates this User Agreement and/or the terms of other rules for using the website or posting Advertisements, both in whole and in part, including terminating or temporarily suspending the User’s access to his personal account.

8.9. All disputes arising within the framework of this User Agreement are subject to consideration in court at the location of the Contractor by the legislation of the Republic of Armenia. This agreement cannot be understood as the establishment between the Contractor and the User of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for in this agreement.