Agreement and Rules
Effective revision as of 16th October 2014. (For previous revision click here)
WELLCOME TO http://www.estty.com/ - Your Sales & Management Property Service.
PLEASE READ THIS AGREEMENT AND RULES CAREFULLY BEFORE USING THE SITE. YOU MUST COMPLY WITH THE TERMS OF THESE AGREEMENT AND RULES WHEN YOU ACCESS THE SITE, OR USE PROVIDED SERVICES (TOOLS) AND APLICATIONS.
IN CASE YOU DISAGREE WITH THE TERMS OF THE AGREEMENT AND/OR RULES, YOU MUST CEASE USING THE SITE, ITS SERVICES, TOOLS AND APPLICATIONS, ITS CONTENT AS WELL AS TO VISITING PAGES LOCATED ON THE DOMAIN OF THE SITE.
http://www.estty.com/ represents the Site (online platform) aimed to connect property owners, their official representatives both individual persons and legal entities, property developers, investors, banks, management companies and other affiliated estate enterprises, engaged in development, growth assurance and stability of the property market according to the ESTTY.com Company' unified International Property market Development and Integration Policy.
Access to the Site is open for any person who wishes to buy, lease, rent, sell, invest, make mid-term or long-term investments, expand or structure the offers portfolio, build a circle of the international business partners or clients, relying on the common experience of the property management.
By using the Site, you agree to comply with these Agreement and Rules, whether you will be the registered User or not. These Agreement and Rules regulate your access and use of the Site, Services and all general information presented on the Site as well as your participation in Policy of the Company and represent the legally binding agreement between you and the Company.
1. Terms and Definitions
1. Visitor – an individual person or legal entity getting access to the information contained in the domain http://www.estty.com/.
2. User - visitor of the Site getting an account on the Site under the established order.In case there is no indication on the specific type (individual person or legal entity), Agreement and Rules extend to all Visitors equally.
3. Site - combination of integrated software and hardware as well as information intended for publication on the Internet, which is displayed in a certain text, graphic or audio form, located in the domain http://www.estty.com/.
4. Services (including Tools) of the Site — the Site functionality aimed for the application by the Users.
5.Webpage (HTML page) — a page of the Site, the set of electronically integrated data including text and graphic information, intended for publication on the Internet as a component part of the Site.
6. Account - Authentication and User information stored on the Site servers.
7. Content — result of intellectual activities and means of individualization equated to it (including: images, texts trademarks and service marks, trade and business names, logos), links, their fragments, information, widgets and other objects, publications, in respect of which the User has the guaranteed right to act, published by the User voluntarily and on his own .
8. User page — Internet page created with the software possibilities of the Site as a result of acquisition of the User account, containing Personal Information of the User.
9. Personal Information - accurate, complete and up to date information which allows User to authorize, published voluntarily and free of charge by the User on the User page. The User provides this information in the course of registration on the Site. It may contain user name, login, email address and other information that the User think necessary to provide about himself. Storage of the Personal Information is carried out with the sole purpose of ensuring the possibility to be authorized on the Site.
10. Registration - Visitor activities aimed to create an Account on the Site according to the established procedure. In the course of registration, the Visitor fills in the questionnaire and indicates Authentication information, on the basis of which Site Administration provides access to the following Site functionality to the User (in case of the contractual relations with the User as the representative of legal entity, creation of the Account and Authentication information can be made by Site Administration): assessment and access to the Content placed by Administration and other Users, placement of his proper Content according to the rules of the Site, use of Services of the Site.
11. Authorization - the process of analyzing of the User's Authentication Information by the Site software, the results of which determine whether the User has the access rights to the Site’s functionality and User page.
12. Authentication information – User’s unique identifier used to access the User page (Username, password, e-mail).
13. Validation – confirmation of the User rights to the User page created by him and Content placed on it by Site Administration for the appropriate notification of all Visitors.
14. Personal Account – the User account created simultaneously with creation of the User page, and constitutes its integral part. It is used for payment for the Tools and other Services available to the User. Replenishment and use of the account is made by the User on his own, on the basis of his personal interests of development and promotion of his Objects and Services on the Site.
15. Unauthorized access - using the User Authentication information by the third party.
16. Site Administration (Administration) - authorized persons of the ESTTY.com Company, who establish the order of using of the Site, control the site operation and the execution of these Agreement and Rules by the Users.
17. The ESTTY.com Company – PSRN 1127847309501 and constitutes the Site right holder.
18. Rules - Terms and Conditions of use of the Site specified in these Agreement and Rules.
19. As regards the operation and development of the Site, Administration is guided by the legislation of the Company's country, these Agreement and Rules and other special documents which are developed or may be developed and accepted by Site Administration in order to regulate the provision of certain Site Tools to the Users.
THE ESTTY.COM COMPANY IS NOT THE PARTY OF ANY AGREEMENTS CONCLUDED BETWEEN THE USERS; IS NOT THE REAL ESTATE BROKER, THE AGENT OR INSURANCE COMPANY; HAS NO CONTROL OVER THE BEHAVIOUR OF THE USERS, GUESTS AND PARTICIPANTS OF THE HELD BUSSINESS MEETINGS ORGANIZED WITHIN IMPLEMENTATION OF THE COMPANY'S POLICY AND REFUSES TO TAKE ANY RESPONSIBILITY IN THIS RESPECT.
Right of use
The site, Applications, Services and Tools are intended for use only by the persons who reached the age of majority (18 years). Access or use of the Site, Applications, Services or Tools by any person who did not reach 18 years is strictly forbidden. Getting access or using the Site, Applications, Services or Tools, the Visitor and/or the User declares and guarantees that he is 18 years of age or older.
2. Subject of the Agreement
1. These User Agreement and Rules ("Agreement") constitute a legally binding agreement between the User and the ESTTY.com that determines the rules of use of the Site. These Agreement and Rules also apply to the relations connected with the rights and the interests of the third party, which are not the Users of the Site, but whose rights and interests may be affected as a result of Users' activities.
2. The subject of this Agreement is to provide access to the Site and its Services to the Users. Apart from these Rules, the Agreement between the User and Site Administration covers all special documents published in appropriate sections of the Site on the Internet which regulate the provision of separate Site Services.
3. By registering on the website the User is considered to have acceded to this Agreement in accordance with the civil code of the Company's country.
4. Site Administration may unilaterally change and/or amend these Agreement and Rules without any prior notice. These Agreement and Rules constitute a public document. Effective revision is published on the http://estty.com/article/terms_of_service/.
5. Site Administration recommends that Users regularly check the conditions of this Agreement concerning its changes and / or amendments. Following use of the Site by the Users after making changes and/or amendments to these Agreement and Rules means the acceptance and consent to such changes and /or amendments.
6. In case the User disagrees with any terms of these Agreement and Rules, he must immediately cease using the Site.
3. Intellectual property rights
1. All rights for the Site in whole and for use of the network address (domain name) http://estty.com/ belong to the ESTTY.com Company and provide access to the Site to all interested persons according to these Agreement and Rules and the effective legislation of the Russian Federation.
2. The user may place Content on the Site in accordance with the terms of these Agreement and Rules.
3. Content published on the Site is subject to the exclusive rights of its owners or the third party, if the User has the guaranteed confirmation for this in accordance with these Agreement and Rules and the effective legislation of the Company's country.
4. Any use of the Content without the prior consent of the owners is forbidden.
5. User guarantees the compliance of the Content with the requirements of the legislation and these Agreement and Rules.
6. By placing Content, the User provides the ESTTY.com Company a non-exclusive right to reproduction, publicly display, processing, informing the public without any territorial and time limits and without any remuneration to the User. The ESTTY.com Company may use Content posted by the User in any other section of the Site.
7. By placing Content the User provides any Visitors of the Site a non-exclusive right to access the Content and reproduce it for personal and/or commercial purposes.
8. User is responsible for the published Content and all consequences entailed by its publication.
9. User acknowledges that the Company owns all rights to the Site as a unified object, including all its component parts.
10. By accepting this Agreement, User agrees that:
10.1. When placing Content the User does not become a co-author of the Site and abandon any claim to such authorship in the future;
10.2. In case of transmission of any rights to the Content to the ESTTY.com Company, the User is deprived of the right to withdraw, as defined by the civil code of the Company's country.
11. In case the User places any Content specially created by such User for placing on the Site or User page, he reserves the exclusive rights to such Content.
12. Terms of these Agreement and Rules concerning the transfer of the rights to the Content by the User shall remain valid after the termination of these Agreement and Rules.
13. No provisions of these Agreement and Rules provide the User to use business names, trademarks, domain names and other distinctive marks of Site Administration. The right to use any business name, trademarks, domain names and other distinctive marks of Site Administration may be provided only under the written agreement with Site Administration.
14. If the User deletes the Content from the Site, the rights mentioned in p. 3.1. – 3.13. of these Agreement and Rules will be automatically withdrawn, however the Administration has the right to keep during uncertain term any archival copies of the User Content.
THE ESTTY.COM COMPANY DOESN'T TAKE ANY RESPONSIBILITY WITH REGARD TO THE USERS' CONTENT ANDCONNECTED WITH ITS PUBLICATION AND INTEGRITY AS WELL AS FOR ACTIVITIES OF THE USERS CARRIED OUT FOR THEIR BENEFIT AND ON THEIR OWN RISK.
15. If the User decides to leave the Site and to pass to the sites of the third party either to use or to install programs of the third party, he does it on his risk and from this time these Agreement and Rules do not applies to the User. At subsequent actions the User should follow applicable rules and policy, including business customs of those persons, whose Content he is going to use.
16. Site and third party Content
16.1. The Site contains (or may contain) any links to other sites on the Internet (links of any third party) as well as any articles, photos, illustrations, graphic images, video, information, applications, programs and other Content owned or issuing from third party (third party Content), which is a result of intellectual activity and is protected in accordance with the legislation of the Russian Federation..
16.2. Site Administration does not control indicated third party and their Content for the compliance with any requirements (reliability, completeness, honesty etc.).
16.3. Site Administration does not take responsibility with regard to any information, posted on the Site by third party, which the User access through the Site or through third party Content, including all opinions and statements expressed on third party sites or in their Content.
THE REFERENCE TO ANY SITE, PRODUCT, SERVICE, INFORMATION OF COMMERCIAL / UNCOMMERCIAL NATURE, PUBLISHED ON THE SITE http://www.estty.com/, DOES NOT MEAN THE APPROVAL OR RECOMMENDATION OF THESE PRODUCTS (SERVICES) ON THE PART OF THE ESTTY.com COMPANY.
4. User registration
1. The Site User can be: an individual person registered on the Site according to the procedure established by these Agreement and Rules, who reached the appropriate age according to the legislation of the Company's country for the acceptance of these rules, and possessing appropriate authority; a legal entity, including entities which have signed Contract for the rendering of services of use of the http://www.estty.com/" with the ESTTY.com Company, registered by Site Administration on the site http://www.estty.com/ with the right of subsequent registration of individuals persons as its staff.
2. Registration of the User as individual person.
2.1. In order to create User page the User registering on the Site as an individual person must provide Site Administration reliable and actual information, including Authentication information (email address or combination of Latin letters and numerals necessary for the access to the Site) and the password, as well as first name and name. The Site registration form may request User to provide additional information.
2.2. After provision of information specified in p. 4.2.1. of these Agreement and Rules, the User needs to confirm the registration by activation of the User page through the message sent by Site Administration to the User's email.
2.3. In case all registration activities are made without any mistakes, User page with the address of the type http://estty.com/user/profile/[number] will be created on the Site.
2.4. Once Your User page created, you may pass validation of the contact information by entering to the corresponding Site Form the SMS code sent by Site Administration to the User phone number provided by the User and/or by providing Site Administration the objective information confirming the specified first name, name, and phone number.
2.5. Settings of the User page who has registered as an individual person provide the following profiles in order to notify all Visitors of the Site: House Owner, Private Seller, Real Estate Agent, Developer.
2.6. All Users registered as individual persons are automatically registered with the House Owner profile. You may change your profile to Private Seller in editing profile settings (the order of assignment of the Developer account is specified in p. 9 of these Agreement and Rules).
2.7. The user registered as House Owner or Private Seller has the right to place free of charge up to two Objects at the same time. Placement of bigger amount of Objects is possible on a paid basis or free of charge if this service is provided in the region/country of User residence.
2.8. In order to receive the Real Estate Agent profile it is necessary to send the application to the page of the User registered as a legal entity. In case the application is confirmed, the individual person becomes the company' staff, acquires the Real Estate Agent Profile with the indication of the address and the place of work coinciding with the address of the company. Sales Objects of the added staff will be added to the portfolio of the company. Henceforth the staff will be displayed and identified on the Site as the official representative of the company acting on its behalf and on legal grounds.
2.9. The User having the Real Estate Agent profile may place unlimited number of ads and use all preferences according to the effective Agreement and Rules, or in case the contract exist, according to the Contract for rendering of services of use of the http://estty.com service between the ESTTY.com Company and the company of the User, whose interests he represents as its official representative, on the basis of the effective "Service Package" for legal entities publicly available on the Site.
3.0. In case of violation of the Agreement and Rules or Contracts for rendering of services of use of the http://estty.com service by the User' company, including the violations concerning the current payments under the effective Package, Site Administration shall block the Users of the company acting as its official representatives up to the elimination of the reasons or repayment of the formed debt if such debt exists.
3.1. In case the legal entity deletes the User from its staff, such User will lose the Real Estate Agent profile. The User profile will be established according to p. 4.2.6. Objects of the User will be excluded from the portfolio of the company and will be displayed as his own Objects.
3.2. In case of p. 4.3.0. condition of p. 4.2.7 shall be applied.
3.3. The user has the right to register no more than one User page on the Site.
3.Registration of the User as legal entity.
3.1. When the User registers as the legal entity and the User page of the commercial organization is created, Authentication information (digital login and the password) may be directly provided by Site Administration on the basis of these Agreement and Rules or Contracts for Rendering of Services of Use of the http://estty.com signed with the ESTTY.com Company. In case of work under the Contract, this Contract has key value in activities and relations between the User and the ESTTY.com Company. Package for service of the User and his official representatives registered by him on the Site as company' staff, chosen by the company, determines the volume of Services and Tools available under this Contract. The details specified in the Contract will be automatically added to the Company User page.
3.2. The page of the User registered as the legal entity allows to connect (and disconnect) on his own Users registered as individual persons to staff with assignment of the Real Estate Agent profile according to p. 4.2.8 - 4.3.1. and p. 4.3.3.
3.3. All Users created by the Company will be displayed and identified on the http://estty.com service as its official representatives acting on its behalf and on legal grounds.
3.4. Payments according to p. 4.3.1. are subject to the obligatory payment after its conclusion, according to the current Package chosen by the User and publicly presented on the Site, the Service Package tab.
4. The order of provision of information by the Users (hereinafter independently of the User profile)
4.1. In the course of registration the User undertakes to provide complete, actual information and has no right: to give out himself to be another User, using his login and password; to use as the login the word or the phrase which is rough, frightening or obscene from the point of view of moral and ethics, intentionally modified logins of other Users having offensive character for their owners; to use as Personal Information the picture with elements, belonging to fascist and nationalist symbolics, containing pornographic materials and other materials and images contradicting the legislation of the Company's country; to create more than one Account for a User. In case the login chosen by the User almost coincides or is extremely similar on writing to login of another User, Site Administration may suggest the User to choose another login.
5. When registering the User agrees with these Agreement and Rules and assumes specified rights and responsibilities connected with the use and operation of the Site.
6. The login and the password received by the User are necessary and sufficient information for the User to access the Site. The User has no right to transfer the login and the password to the third party (except the cases described in p. 3.3.2), is fully responsible for their safety, and choose on his own a way of their storage. The User may allow the used software to store the login and the password (with use of the cookies) for the subsequent automatic Site authorization.
7. If the User does not prove otherwise, any action committed with the use of his login and password is deemed to be that of the corresponding User. In case of unauthorized access to the User login and password and/or User page, or disclosure of the login and the password the User is obliged to immediately notify Site Administrations of this in the established order.
8. By the registration on the Site the User confirms that he possesses necessary legal capacity and powers for adoption of these Agreement and Rules, is capable to execute its terms and conditions and bear responsibility for violation of these Agreement and Rules, including violations arisen due to the use of the Site.
9. In case of successful registration of the User Site Administration assumes the rights and responsibilities in relation to the User specified in these Agreement and Rules.
10. After registration the User acquires the right to create independently for personal and commercial purposes, to use and define his own Content and condition of access to the Content for other Users including the Unregistered Users, gets access to personal pages of other Users, and also possibility of work with Services and Tools of the Site. (The order and conditions of receiving the corresponding access rights may differ depending on type of the User registration (individual person or legal entity); forms of the signed contract or its absence; Services of the Site used by the User; other contractual agreements giving to the User additional opportunities of commercial work with Content located on the page).
11. The User being the owner of information placed on his own User page acknowledges that, except for the cases established by these Agreement and Rules and the effective legislation of the Russian Federation, Site Administration does not take part in creation and use of the contents and does not control access of other Users to the User page.
12. Processing of User Personal Information is carried out according to the legislation of the Company's country. Site Administration processes User Personal Information in order to provide services to the User, including personalized (targeted) advertising. Verification, researches and analysis of such information allow to support and improve Services and sections of the Site, and also to develop the new ones. Site Administration assumes all necessary measures to protect User Personal Information against illegal access, change, disclosure or destruction. The administration provides access to User Personal Information only to those staff, contractors and agents of Administration which requires this information for ensuring of the Site operation and rendering of services to the User. Site Administration has the right to use information provided by the User, including Personal Information, for ensuring the compliance with the effective legislation of the Company's country (including the prevention and/or suppression of illegal and/or illicit actions of the Users). Disclosure of the information provided by the User may be made only according to the effective legislation of the Company's country on request of the court, law enforcement bodies, and in other cases provided by the legislation of the Company's country. As Site Administration carries out processing of User Personal Information in order to execute the signed contract between Site Administration and the User for rendering Services, the User's consent to processing of his Personal Information according to provisions of the Personal Information Protection Act is not required.
13. The administration reserves the right but is not obliged to control activities of the Site Users. The administration has the right to remove at any time any data or accounts without explanation of the reason.
5. Refusal to provide support
The ESTTY.com Company does not provide support to certain Users. Furthermore, in spite of the fact that according to these Agreement and Rules the Users are obliged to provide exact information, the ESTTY.com Company does not make attempts to confirm the declared personality and does not confirm the compliance of other persons which the Visitor or other User may contact through the Site, Applications or Services. The ESTTY.com Company does not bear responsibility for damage or harm resulting from your interaction with other Users.
By using the Site, Applications or Services, the User agrees that any remedy at law or responsibility which he will demand for actions or inaction of other Users or other third party, are limited to the claim against certain Users or other third party which caused this harm, and agrees that he will not make any attempts to lay responsibility on the ESTTY.com Company or to apply any remedy at law regarding such actions or inaction and that he follows the provision "Restriction of responsibility", specified below in p. 12 of these Agreement and Rules.
6. Use of the Site
1. The User has the right to create and place Content following the commercial purposes of promotion of works, services, presentation of goods, brands, companies, and also various events (hereinafter referred to as Objects of promotion) which meet the Policy of the ESTTY.com Company, have the corresponding rights to their presentation, lawfully acting on behalf of the third party.
2. Objects of promotion, methods and ways of their presentation have to correspond to the effective legislation of the Company's country, including the Advertising Law, the international legal acts, these Agreement and Rules, and also the recognized ethical code and the principles of morals including principles relating to them according to Site Administration.
3. When creating and/or administrating the User by individual person, this person confirms that it operates on legal grounds and has all legitimate rights (for example, the right of personal possession of Object(s) of promotion, the power of attorney and/or the contract on the basis of which this right arises, other type of the agreement, which does not contradict the interests of the third party and executed according to the legislation of the Company's country, granting the right for the public presentation and placement of the Objects of promotion specified in p. 6.1.
4. When adding and administrating the User by legal entity, this legal entity, as well as Users added by it, confirm that they operate on legal grounds, have all necessary rights (including the license if it is provided by the legislation), don't mislead and don't violate by their actions legitimate rights and interests of the third party, and the effective legislation of the Company's country, including the Law on competition and rights for the results of intellectual activity and means of individualization.
5. For questions about information service of the Site, rendering of Services, Tools, including Service and Tools on a paid basis, Contracts and other questions ESTTY.com uses the built-in Customer support department available 24/7 in the Personal Cabinet (the Message menu).
6. Support and choice of the language of the Customer support department is carried out automatically, as well as Site language, on the basis of the User location. In case the language is not recognized or is not included into the access-related technical support, English language is used. For Users from the Russian Federation Russian language is used.
8. The User acknowledges and agrees that the ESTTY.com Company does not act as insurance agent or contract agent to him. If the Visitor or other User suggests the User to conclude any agreement on the Object of promotion, the agreement which the User will enter with this applicant is signed between him and the applicant; the ESTTY.com Company is not the party to such agreement.
8. In the User's Content, including the description, main User photo, photoblogs, materials, discussions, records attached to the to the Objects of promotion, etc., placement of third-party commercial and political advertising isn't is not allowed.
7. Third-Party Advertising
1. Third-Party Advertising is any information which is not directly related with the User and the Object of promoting, distributed in any form on behalf of the User as well as on behalf of other Users and companies, aimed to attract Users' attention and to form interest to the subject of advertising, different from the Object of promotion.
2. The User administering legal entity needs to control and stop by himself the placement of Third-Party Advertising which does not correspond to these Agreement and Rules by the Users - individual persons created by him, which represent interests of this legal entity and act on its behalf and in his interests.
3. All Third-Party Advertising must comply with «Rules of advertising on http://estty.com/».
4. In case the User violates the order of the placement of Third-Party Advertising provided in p. 7.1. - 7.3. of these Agreement and Rules, Site Administration has the right to limit advertising activity of the User in one of the following ways: ban of subsequent publications on the Site (any links, any Content); blocking of the User page for a period of one week and more; removal of Content and account of the User who carried out this placement.
5. In case of attempts to evade technical restriction on the publication of the links (insert of additional symbols, publication of images with links, etc.) during the ban period, Site Administration has the right to remove the account of the User without possibility to restore.
8. Site Tools
1. Site Tools constitute intellectual and commercial property of Site Administration, aimed to promote the User‘ Objects of sales both on the domestic and on the international markets, by providing them open accessby means of the built-in modules (Tools) of http://estty .com/including:
1.1. placement of ads in foreign languages, according to the rules and standards of Objects presentation on the market of the countries-beneficiaries;
1.2. conversion of the current Object cost to the national currencies of the Users from other countries taking into account the last market fluctuations of the Object price;
1.3. files transmission and exchange between the Users of the Site;
1.4. providing the Users with the possibility of direct communication in order to make a commercial agreement onObjects of promotion;
1.5. possibility of bookmarks and subsequent storage of the current Objects of the Users;
1.6. selection and management of property of the customers who purchase these Objects for the purpose of short-term and mid-term investments;
1.7. organization and leadingUsers to the foreign markets through the Property Shows, salons, investment forums, other meetings corresponding to the policy of the ESTTY.com Company;
1.8. preparation of presentations of Objects of promotion according to the international standards of providing this service with or without the subsequent sale of the Objects;
1.9. motivation of the Users to increase the level of specialization in the third-party foreign companies, including their own companies, with the organization and the subsequent conclusion of the short-term agreements with the User;
2.0. creation and carrying out the target projects which are in the interests of the Users and directed on the sales market quality improvement;
2.1. provision of the price change in case of its advancing/ depressing by the Owner of the Sales Object.
2. Site Administration provides Tools depending on the User's profile with the following restrictions in order to avoid commercial spam: provision only to the Users who are registered as legal entity, including those who have signed The contract for rendering of services of use of the http://estty .com/ service; to the Users who have the Real Estate Agent profile and have guaranteed executing this Agreement / Contract; provision to the Users registered only as Developer; provision Tools only on a paid basis; provision without restriction regardless of the profile; is not provided.
3. Tools providing on a paid basis include service charge for the Tools.
4. In case the Tool is provided on a paid basis, its payment is made by the individual person directly from the Personal account on condition of a positive balance. Remittance is made through check, through PayPal, other payment systems of the region of the User, by means of direct deposition or other methods of payment as it is described on the Site or is presented within the Tool, in regional currency of the User. The sum of payment is not compensated. Additional and detailed information is provided on the Balance tab of your Personal Cabinet.
5. The User bears sole responsibility for correctness of the payments made by him as well as controls his Personal account.
6. For any payments, the ESTTY.com Company has the right to collect the cost of processing of foreign currency. Additional information on charges for processing of payments in foreign currency may be provided in your Personal Cabinet, the Balance tab, or at the request of the User.
7. The fact of payment is confirmed only after the receipt of information from the bank on transfer of funds to the account of the ESTTY.com Company.
8. Site Administration notify the Users about any changes in service charge for Services being provided on a paid basis, Package and income Services, other Services available on the Site, no later than 14 calendar days before the date of upcoming update, in one of the following ways: official post in the News Feed, available both in the Personal Cabinet and by the link http://estty.com/new/; notification through the User's email, provided as User's contact email during registration; through the Messages service in the personal Cabinet.
9. Depending on the User profile, frequency of use of Services and Tools of the Site, other Users’ reference frequency to the current Objects of sales, number of publications, Objects price management and their quantity the percentage assignment (the Refund Bonus) from the amount of User's payment into the Personal account is possible. The Refund Bonus is transferred into the User Personal account and may be used according to p. 8.4.
10. Funds, transferred into the User account as the Refund Bonus are not subject to withdrawal and cashing in.
11. The tariff system may differ depending on the region or the country. Formation of the differentiated tariff system is part of the Policy of the ESTTY.com Company, and provides the greater level of interaction and the orientation of work of the Users forming the unified market of specific region.
9. Account of the User as Developer
1. With the purpose to provide mutually advantageous integration of Users on the international market, the ESTTY.com Company systematically update and expand its base of Clients who are interested in countering contacts, business connections, expansion of their portfolio of Property objects. If the User is interested in purchasing he may create and publish on the Site in open access request for proposal of property according to his personal or commercial preferences. In order to avoid unsecured ads Site Administration strictly limits a package of open purchase ads, conducting the qualified inspection.
2. Only the Users who are carrying out Objects search in the region different from that of their residence (international search) are allowed to place the request. If search is carried out within the region of residence (country), the request of the User will be denied. The ESTTY.com Company recommends to use regional search among Sales Objects available in order of common use of the Site and to use services of local companies in registration of the right for the Object.
3. If the request provides property search in the region different from that of the residence of the User, the User or his official representative need to be registered on the Site as individual persons and to send the appropriate notification to the Customer support department available in the Personal Cabinet. Site Administration will create a Developer profile with the possibility to place purchase ads.
4. Use of the Services in respect of purchase ads is provided according to p. 8. of these Agreement and Rules.
5. The user with no management company may be refused a registration with the Developer profile on the basis of quality protection of the provided services.
6. Site Administration has the right to request additional User data or documents in case it considers his request unreasonable or doubtful.
7. The ESTTY.com Company does not guarantee provision of the submitted request with the Objects which strictly meet requirements and expectations of the Developer.
10. User rights and responsibilities
The Site invites you to use the ESTTY.com resource as the professional tool of Property Sales & Management. You may participate in discussion with each other and hold direct commercial negotiations through the personal messages; to participate in events of the ESTTY.com Company as the guest, the member or the partner depending on your position to ESTTY.com, to work with our clients or to do open offers, to use Services and Tools for commercial promotion, personal success, expansion of business connections and increase of your profit. We encourage sociability and the fair market competition and wish you to follow the points mentioned below, keeping a benevolent atmosphere on our platform:
1. Users, including the staff of the Users companies, must adhere to the regulations of the effective legislation of the Company's country, these Agreement and Rules, and any other special documents of Site Administration; must get acquainted at least once a week with the official information connected with service of Users publicly available at the address http://estty.com/article/terms_of_service/.
2. The user has the right to receive the secured User page for access to the Personal Cabinet at http://estty.com/ according to this Agreement or to the contract for rendering of services of use of the http://estty .com/ service. The fact of rendering Service is confirmed after the registration of the User.
3. The User undertakes to provide correct, complete and actual information during registration and watch over its actualization.
4. The User has the right to change Authentication information, however he has no right to transfer his login and password to the third party and is full responsible for their safety, choosing on his own a way of their storage.
5. The User undertakes to keep in secret and do not provide to other Users and third party the Personal Information learned by him in result of communication with other Users or other operations of the Site (including but not limited to home addresses, phone numbers, email addresses, passport or bank details) and information about private life of other Users and third party without first receiving the appropriate consent from those concerned.
6. If the User does not prove otherwise, any action, publication, presentations of Objects, payments committed with the use of his login and password are deemed to be committed by the corresponding User. In case of unauthorized access to the User login and password and/or User page, or disclosure of the login and the password the User is obliged to immediately notify Site Administrations of it under the established procedure.
7. It is forbidden to distribute any User page information, publications and objects (including links to them), which may violate the rights and interests of other persons; to use information of other Users for commercial purposes as well as reproduce material, either partially or completely, without the appropriate permission of the owner.
8. The User guarantee to evaluate whether any information or object (including but not limited to images of any other persons, someone else's texts of different content) would be legitimately placed;
9. In case of doubts regarding legality of any actions, including placement of information or provision of access, Site Administration recommends to refrain from implementation of such actions.
10. For the purpose of commercial promotion and sale of Objects the User has the right to use Services and Tools of ESTTY.com both individually for single Object and several objects at the same time depending on the personal plan of realization and tasks of the company.
11. Use of Services and Tools of ESTTY.com, as well as their acquisition on a paid basis for promotion of Objects on the Site, is carried out voluntary and independently with use of their Personal accounts in respect of those Objects of sales which they want to realize.
12. The User undertakes to create a spare copy of any important information saved on his User page.
13. Using the Site, the User must not:
13.1.register on behalf of or instead of another person or register as a User a group of people / a legal entity. At the same time however, it may be possible to register on behalf of another individual person or legal entity providing that the necessary permission for this action is received in a way and manner that is approved by the legislation of the Company's country and by these Agreement and Rules;
13.2. mislead other users with regard to his identity, while logged in to the Site through the username and password of another registered User;
13.3. distort details about himself in terms of their age or relations with any other person or companies;
13.4. load, save, publish, distribute, allow access or in any other way use information which:
contains threats, discredits, offends, defiles or brings into disrepute the honour, dignity or business reputation, infringes the inviolability of the private life of other Users or third party; violates the rights of an underage person; propagandize and/or promotes hate or hostility on racial, religious or ethnic grounds, or incites the ideas of racism or ideological superiority; contains extremist material, propagandize criminal activity or contains advise, instructions or guidance on how to carry out criminal actions; contains restricted information, including but not limited to government or commercially sensitive data or information concerning the private life of any third party; is fraudulent; violates the other rights and interests of citizens and legal entities, or the requirements of the legislation of the Company's country.
use the intellectual property of another user or third party;
distribute messages on a mass scale without the agreement of the Site Users; Mailings means both sending multiple messages to several Users and mass mailing to one User.
use the software or carry out actions aimed to violate the normal operation of the Site, its Services and User pages;
load, save, publish, distribute, allow access or in any other way use viruses, Trojans or other harmful programs;
use automated scripts (programs) to collect information on the Site and/or interfere with the functioning of the Site and its Services, Tools and Applications without prior special permission from Site Administration;
try to gain access to the login and password of another user by any means, including but not limited by fraud, misuse of trust or hacking;
illegally collect and process the Personal Information of other people;
use the Site and its Services and Tools for commercial speculation in pricing of Sales Objects;
(attempt to gain) access to any kind of Services and Tools by any different from the interface provided by Site Administration. Exceptions are made for cases whereby such actions are permitted in accordance with an independent agreement between the User and Site Administration;
reproduce, duplicate, copy, sell, realize trade operations and resell Services for any purpose excluding cases whereby such actions are permitted in accordance with an independent agreement between the User and Site Administration;
place commercial or political ads out the special sections of the Site created by Site Administration for such purposes;
distribute any other information which, in the opinion of Site Administration, is undesirable, does not correspond with the aims of the Site, violates the interests of other Users or which for any other reason is undesirable for placing on the Site.
14. The User bears personal responsibility for any information which he places on the Site, reports to other Users, as well as for any kind of interaction with other Users carried out at his own risk.
15. Users can report about their displeasure cause by placed Content. If one of the Users complained against another User, Site Administration will consider the complaint as soon as possible. It can take some days, though we hope that such inspection will be executed more quickly. We do not delete each Content on which the complaint arrived, and we cannot personally respond to each complaint.
16. In case the violation of p. 13.4 is detected Content will be removed. Site Administration has the right to limit activity of the User in one of the following ways: ban of subsequent publications on the Site (any links, any Content); blocking of the User page for a period of one week and more; removal of Content and account of the User who carried out this placement.
17. If the User disagrees with these Agreement and Rules or its new revision, he must cease using the Site, having informed Site Administration in the appropriate manner.
11. The Site functioning and responsibility of Site Administration
1. Site Administration provides the technical possibility to use the Site by the Users, does not take part in creation of User pages Content, does not control and is not responsible for any actions or inactions of any persons regarding the use of the Site or creation and use of User page Content on the Site.
2. Information system of the Site and its software does not provide any technical solutions exercising automatic censorship and control of actions and informational relations of Users in relation to use of the Site.
3. Site Administration reserves the right to change at any time design of the Site, its Content, the list of Services and Tools, to change or add the used scripts, software and other objects used or stored on the Site, any server applications at any time with the prior notification or without it.
4. Site Administration is not engaged in preliminary moderation or censorship of User Information and takes actions to protect the personal rights and interests and to ensure the compliance with the legislation of the Russian Federation only after the request of the interested person to Site Administration in accordance with the established order.
5. Site Administration does not bear responsibility for violation of these rules by the User and reserves the right at sole discretion and also upon receipt of the information about violation of these rules by the User from other Users or a third party, to change (to moderate) or delete any information published by the User, which violates prohibition established by these rules (including personal messages), to suspend, limit or stop User access to all or any of sections or Services of the Site at any time for any reason or without explanation, with the prior notification or without it, and is not responsible for any harm which can be caused by such action. Site Administration assigns the right to remove the User page and/or to suspend, limit or stop User access to any of Services of the Site if the Administration finds out that in its opinion, the User poses the threat for the Site and/or its Users. Site Administration does not bear responsibility for the temporary blocking or removal of information, or removal of the User page (termination of registration), carried out according to these rules.
6. Site Administration provides functioning and operability of the Site and undertakes to restore quickly its working capacity in case of technical failures and breaks. Site Administration does not bear responsibility for temporary failures and breaks in work of the Site and loss of information caused by them. The administration does not bear responsibility for any damage to the computer of the User or the other person, to mobile devices, any other equipment or software caused or connected with downloading of the materials from the Site or through the links published on the Site.
7. Site Administration has the right to disposethe statistical information connected with functioning of the Site as well as Users information in order to ensure addressed display of ads to various Users of the Site. For the organization of functioning and technical support of the Site and execution of these rules Site Administration has technical possibility of access to Users pages. Such possibility is realized only in cases established by these rules.
8. Site Administration has the right to send to the User information about the development of the Site and its Tools, and also to advertise its own activity and services.
9. Site Administration has the right to reconsider unilaterally the amount of services. Site Administration informs about changes in Package, terms and notification procedure according to p. 8.8., if the separate agreement, concluded between the User and the ESTTY.com Company and having validity, does not provide otherwise.
10. Site Administration has the right to publish a user name and other Personal Information in one or several lists which can be available to other Users of ESTTY.com, and also to provide access to such information to the third parties if it doesn't contradict the legislation of the Company's country.
11. Site Administration has the right to transfer to his archive Sales Objects of the User in case the User had not visited the page within more than 30 calendar days and Sales Objects can be considered as outdate and misleading other Users. If sale of the Object is still actual, the User has the right to replace the Object from his archive to sale during any of subsequent visit to the Site.
12. The administration of the Site informs the Users that:
12.1. User page that had not been accessed by the User within more than 90 days from the date of the last visit to the Site won't be displayed in the search engine on ESTTY.com until the subsequent visit by such User.
12.2. User page had not been accessed by the User within more than 180 days from the date of the last visit to the Site may be blocked. In order to unlock the page, please send written request to Site Administration.
12.3 In case the User page had not been accessed by the User within more than 365 calendar days, Site Administration reserves the right to completely remove the account of the User, including all his Content, Sales Objects and the Personal account. The rest of money will be transferred into the account of the ESTTY.com Company, without the right of subsequent claiming on the part of the User.
13. Site Administration will notify the User of inhibition or termination of the User servicing by sending the appropriate notification to the User to email address email specified as contact mail in the Personal Cabinet.
14. The moment of User-regarding action is the date of directing the appropriate message to the User.
The ESTTY.com Company respects Copyright Laws and expects the same from all the Users. The Policy of the ESTTY.com Company supposes that in certain circumstances we delete Accounts of Users who broke or could violate several times the rights of copyright owners. In regard to the preservation and protection of copyright the ESTTY.com Company acts according to the effective legislation of the Company's country.
12. Limitation of Liability:
THE SITE AND ITS SERVICES, INCLUDING ALL SCRIPTS, APPLICATIONS, CONTENT AND DESIGN OF THE SITE ARE SUPPLIED "LIKE AS IT IS". SITE ADMINISTRATION DISCLAIMS ANY WARRANTY THAT THE SITE OR ITS SERVICES MAY BE SUITABLE OR NOT SUITABLE FOR SPECIFIC GOALS OF USE. SITE ADMINISTRATION CAN NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR ITS SERVICES / TOOLS;
IN ORDER TO AVOID MISUNDERSTANDING THE USER MUST TAKE PRECAUTIONS WHEN DOWNLOADING FROM THE SITE OR THROUGH LINKS POSTED ON IT, OR WHEN USING ANY FILES, INCLUDING SOFTWARE. SITE ADMINISTRATION STRONGLY RECOMMENDS TO USE ONLY LICENSED SOFTWARE, INCLUDING ANTI-VIRUS;
BY USING THE SITE, THE USER AGREES THAT HE DOWNLOADS ON HIS OWN RISK ANY MATERIALS FROM THE SITE OR WITH ITS HELP AND BEARS PERSONAL RESPONSIBILITY FOR POSSIBLE CONSEQUENCES OF USE OF THE SPECIFIED MATERIALS, INCLUDING RESPONSIBILITY FOR DAMAGE WHICH IT CAN CAUSE TO THE COMPUTER OF THE USER OR THE THIRD PARTIES, FOR LOSS OF DATA OR ANY OTHER HARM;
SITE ADMINISTRATION OR ITS REPRESENTATIVES UNDER NO CIRCUMSTANCES DO NOT BEAR RESPONSIBILITY TO THE USER OR ANY THIRD PARTIES FOR ANY INDIRECT, CASUAL, UNINTENTIONAL DAMAGE, INCLUDING THE MISSED BENEFIT OR THE LOST DATA, THE HARM TO HONOUR, DIGNITYOR BUSINESS REPUTATION CAUSED BY THE USE OF THE SITE, ITS CONTENT OR OTHER MATERIALS TO WHICH YOU OR OTHER PERSONS GOT ACCESS BY MEANS OF THE SITE EVEN IF SITE ADMINISTRATION WARNED OR POINTED OUT THE POSSIBILITY OF SUCH HARM.
13. The entire agreement
1. These Agreement and Rules constitute the Agreement between the User and Site Administration with respect to the order of use of the Site, its Services and Tools supersede any previous agreements between the User and Site Administration.
2. These Rules shall be regulated and interpreted in accordance with the laws of the Russian Federation. Issues not regulated by these Agreement and Rules shall be settled in accordance with the legislation of the Company's country.
3. In case of any dispute or disagreement related to the execution of these Agreement and Rules, the User and Site Administration shall make every effort to resolve them through negotiations between the Parties. If disputes cannot be settled by negotiation, these disputes shall be resolved in accordance with the legislation of the Company's country.
4. These Rules are effective from the moment of registration of the User and are valid for an indefinite period.
5. These Agreement and Rules are prepared in Russian and can be provided to the User acquaintance in other language. In case of divergence between the Russian-language version of this document and the version in other language, text in Russian shall be applied.
6. If for any reason one or several provisions of these Agreement and Rules are declared invalid or not having legal force, it has no impact on validity or applicability of other provisions.
The User has no right to transfer or assign these Agreement and Rules under the law or otherwise without preliminary written consent of the ESTTY.com Company. Any attempt from the User to transfer or assign these Agreement and Rules or its part without such consent will be cancelled and won't have validity. The ESTTY.com Company has the right to assign or transfer these Agreement and Rules on its sole discretion, without any restrictions. Taking into account the abovementioned, these Agreement and Rules connects the parties, their legal successors and authorized assignees, and it has validity in their favor.
Any notifications and other messages provided or demanded by this document including notifications and messages which concern the amendments to these Agreement and Rules, have to be made in written and/or provided to the ESTTY.com Company by email or personal messages through the Site Support service addressed to the ESTTY.com Company. For the notifications provided by email, date when such notification was sent will be considered as the date of receipt. The User is obliged to check in due time and regularly his Personal mail specified in the profile of the User page as contact mail. When sending any information for the User, Site Administration has the right to consider this information being brought to the attention of the User.
If you have questions concerning these Agreement and Rules or any Application, Document, raising doubts or inaccuracy in interpretation and action, offers and/or claims of individual person and legal entities to Site Administration in connection with these Agreement and Rules and all questions about functioning of the Site, violations of the rights and interests of the third party during its use, please, write at the following address: firstname.lastname@example.org.