The Terms form a legally binding agreement between you and us in relation to your use of the Services. It is important that you take the time to read them carefully.
If you do not agree to be bound by all these Terms you may not use the Services.
2. Accepting the Terms
You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with us, or you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under applicable law.
3. Changes to the Terms
4. Special Terms
5. Our Services
We provide you with a platform that allows users to place, edit, view, browse or search classified advertisements, ads and other online content. Users might use the Services to communicate and conduct transactions, but we do not control and are not involved in, and are not a part of the actual transaction between users. You acknowledge and agree that you use the Services and/or conduct these transactions (if any) at your own risk. Our basic service is free, but we may offer paid futures or services.
6. User Accounts
In order to access some features of the Services you may have to create an account. When creating your account, you must provide accurate and complete information and you may not use email address that does not belong to you.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license, share or assign your account or any account rights to another person or entity. It is your responsibility to keep your password and account details secret and secure.
Please notify us immediately of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge.
You agree not to create multiple accounts unless we agree otherwise and you will not create an account for anyone other than yourself.
You must not create accounts through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You acknowledge that we might close your account at any time, in particular in case you breach or intent to breach these Terms.
7. User Content
The Services we provide contain content from us, you, and other users. This content ("Content") includes the text, software, files, scripts, graphics, images, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Services. Please be aware that there may be some areas on the Services that contain adult or mature Content and you must be at least 18 years of age to access and view such areas.
8. Your License to Use the Services
We give you a limited, worldwide, non-exclusive, non-assignable license to access and use the Services for your own personal purposes. This license is personal to you and may not be assigned, sublicensed to anyone else. The license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these Terms.
We do not claim ownership of any Content that you post on or through the Services. Instead, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute any Content that you post on or through the Services.
You acknowledge that the Services might be supported by revenue that comes from advertising and we may display advertisements and other promotional materials on, about, or in conjunction with your Content or on the Service.
You are responsible for any Content you provide, and for any consequences thereof, this includes the use of your Content by others.
By posting any Content on or through the Services you claim that you own the Content posted by you or otherwise have the right to grant the rights and licenses set forth in these Terms. Additionally you confirm that posting and use of your Content on or through the Services does not violate or infringe on the rights of any third party and agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
10. Restrictions on content and use of the Services
You are solely responsible for your conduct and Content that you post or display on or through the Services, and any consequences that may result from your post. You may only post your ad in the most relevant category and it is not allowed to post duplicate or almost identical ads or any other duplicate Content.
You may not to post through or on the Services or otherwise make available Content that:
- violates any law,
- bullies, intimidates, or harasses any user,
- that contains personal or identifying information about another person without that person's explicit consent,
- is violent, discriminatory, infringing, hateful, unlawful, false, sexually explicit or pornographic, obscene, abusive, offensive or otherwise objectionable,
- offers counterfeit items or infringes the copyright, trademark or other rights of third parties,
- is generally considered as spam, distributes chain letters or promotes pyramid schemes,
- promotes schemes that compensate users for clicking ads or offers, performing searches, surfing websites or reading emails.
You acknowledge that we reserve the right to re-categorize, delete or block your ads or any other Content or part of the Content in case we believe that these Terms have been breached, violated or if it is our belief that you intended to breach them.
You may use the Services only for lawful purposes and in accordance with these Terms.
You agree not to do any of the following:
- scan, probe, or test the vulnerability of any system or network or circumvent or breach any security or authentication measures,
- access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers ,
- forge any TCP/IP packet header or any part of the header information in any posting or email, or in any way use the Services to send deceptive, altered, or false source-identifying information,
- access or attempt to access the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those Terms), unless you have been specifically allowed to do so in a separate agreement with us (crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without our prior consent is expressly prohibited) ,
- interfere with, or disrupt, or attempt to interfere with or disrupt, the access of any user, host or network, including, without limitation, flooding, overloading, spamming, sending a virus, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services,
- attempt to decipher, decompile, disassemble or reverse engineer any of the software or code used to provide the Services,
- impersonate or misrepresent your affiliation with any person or entity,
- copy, display, mirror, aggregate, reproduce or otherwise exploit for any purpose any content or parts of the content available on or through the Services without our prior written permission (this does not apply to the content posted on or through the Services by you). If you engage in such conduct, you agree to pay us EUR 10,000 for each day on which you engage in such conduct,
- send unsolicited advertisements in any form,
- bypass measures used to prevent or restrict access to the Services,
- harvest or otherwise collect any information about others, including email addresses and telephone numbers, without their consent or our written permission.
You agree to receive, either through the Service, email or the telephone, any alerts, notifications, and marketing communications from us, and to be contacted regarding any services or products we or our partners may offer.
The Services are intended only for adults. It is our policy not to allow users who are under 18 years of age to use the services provided by us. You affirm that you are more than 18 years of age and are able and competent to legally enter into the Terms.
12. Paid Services
Most of the services that we provide are free, but we might charge a fee for some additional services or features ("Paid Services"). If any service or feature you use incurs a fee, we will inform you about this and you will be able to review and accept terms. When making payments for Paid Services you might also be required to accept terms of our payment providers. You are responsible for paying the fees along with any applicable taxes when they are due. We'll notify you of changes to our fee policy by posting such changes on or through the Services.
You acknowledge that we might cancel, delete or block the Paid Service that you ordered or paid for, in case we believe that these Terms have been breached, violated or if it is our belief that you intended to breach them. You agree that in such cases, and in case of closing your account, the fees paid are non-refundable.
We may cancel any transaction if we believe the transaction is fraudulent, violates these Terms, or if we believe doing so may prevent financial loss.
If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms permitted by these Terms or by law.
You acknowledge that due to the nature of the Paid Services we provide, you cannot cancel the services and products that have been paid for or orders that have been processed.
If you are in the EU, you consent to the performance of this contract for your purchase, and waive any Right to Cancel provided by the Consumer Rights Directive (2011/83/EU) or similar implementing regulations.
If you do not use Paid Services, such as, but not limited to packages that allow adding multiple ads ("Ad Package"), that have been purchased within three (3) months, we reserve the right to cancel these services with no refund being given.
All ads that you add, must comply with technical specification that we provide and cannot emit any sounds.
You understand and acknowledge that, in order to provide Paid Services, we may depend on third party payment providers, and that we are not responsible for any payments that have failed due to any errors or failures on the payment provider end.
13. Trademarks and Copyrights
The Services contain Content owned or licensed by us. This Content is protected by copyright, trademark and intellectual property laws, international conventions and other laws and may not be copied, imitated or used, in whole or in part, without our prior written permission. The use of "Megalokum" or "Megalokum.pl" name, any confusingly similar marks or any of the trademarks, logos and other distinctive brand features without our prior written permission is prohibited.
14. Exclusion of Warranties
The Services are provided "as is" and we, our subsidiaries, affiliates and licensors cannot give you any guarantees with respect to them.
In particular the Operator does not represent or warrant to you that your use of the Services will meet your requirements or that it will be uninterrupted, timely, secure or free from error. The Operator does not represent or warrant to you that any information obtained by you as a result of your use of the Services will be accurate or reliable, or that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
15. Limitation of Liability
Nothing in these Terms shall exclude or limit our liability for losses or damages which may not be lawfully excluded or limited by applicable law.
We do not review users' postings and are not involved in the actual transaction between users. You agree not to hold us responsible for things other users post or do. We do not guarantee the accuracy of the Content posted by users, any communication or the quality, safety or legality what's offered.
In no event shall the Operator, its employees, directors, officers, or agents, be liable for indirect, direct, special, incidental, consequential or exemplary losses or damages resulting from any aspect of your use of the Services, including without limitation whether the losses or damages arise from use or misuse of the Services, from inability to use the Services, our negligence, or the interruption, suspension, modification, alteration, or termination of the Services.
This limitation of liability shall apply whether or not the Operator has been advised of or should have been aware of the possibility of any such losses arising.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. In the event that we are found by a court of competent jurisdiction to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of one (1) euro or fees, if any, paid to us by you during the thirty (30) days preceding the event giving rise to liability.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources, the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply our endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources
You agree to defend, indemnify and hold harmless the Operator, its directors, employees, officers, agents, subsidiaries, affiliates, successors, assigns, service providers and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including attorneys' fees, arising from your use of and access to the Services, your violation of any term of these Terms, your violation of any third party right (including without limitation any copyright, trademark, trade secret or other property, or privacy right), or any claim that your Content caused damage to a third party.
17. Copyright and IP Policy
We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If you choose to request removal of content by submitting a copyright infringement notification, please remember that you are initiating a legal process.
Please remember that you will be liable for damages caused by submitting a copyright complaint that is not valid, misrepresented, or under false pretenses.
We strongly recommend you contact a lawyer before filing any claims.
We provide you with tools to help you protect your intellectual property rights. If you wish to file a copyright infringement notification, you must send the following to us via our contact form that is available through the Services or other communication channel indicated by us to you (collectively referred to as "INCC"):
- Identify the materials that you claim are infringing your copyright, be sure to clearly and completely describe the copyrighted content you are seeking to protect.
- Identify in detail where the copyrighted work that you believe has been infringed upon is located.
- Your complaint must contain the specific URL. However, for classified ads you must identify the classified ad by its unique ID and submit a separate request for each classified ad (along with this unique ID) through INCC, or we will be unable to locate and remove it. The same rule applies to any Content that can be identified by unique ID. Information on how to find a unique ID of the classified ad, or other Content that can be identified by the unique ID can be found in the help pages.
- Provide contact information so we can contact you. This includes an email, a phone number, and a mailing address.
- Prepare the document that contains the following statements: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law." and "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.". Complete complaints require the physical or electronic signature of the copyright owner or a representative authorized to act on their behalf. To satisfy this requirement, you may type your full legal name (a first and last name, not a company name) to act as your signature at the bottom of your complaint.
- The documents that must be submitted with the copyright infringement notification include proof of your identity and proof of copyright ownership.
- Send all required documentation via INCC.
18. International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable laws, including laws regarding the transmission of technical data exported from Malta, or the country in which any technical infrastructure that we maintain, manage, supervise, use, rent or own is located (if different), or the country in which you reside (if different) and with all applicable laws and rules regarding acceptable Content as well as use of and conduct on the Internet.
The Terms will continue to apply until terminated by either you or the Operator as follows.
You may end your legal agreement with us at any time for any reason by notifying us via contact form at any time, deactivating your account (if you have one) and discontinuing your use of the Services. Your notice must be sent before the account deactivation. You understand that we reserve the right to archive, store and process any Content that has been posted on or through the Services by you and that ending this agreement does not affect this right.
We may terminate or restrict your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation paragraphs 9, 13, 14, 15, 16, 20.
20. General Terms
All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the courts of Malta unless we agree otherwise.
If you use the Services from another country, you are responsible for compliance with any and all applicable local laws.
Any translation of the Terms into other languages is for your convenience only and the English language version governs the terms. Furthermore, if there are any inconsistencies between the English language version of the Terms and any translation, the English version of the Terms shall prevail.
If any provision or part of the provision of the Terms is found by a court or court of competent jurisdiction to be invalid, illegal or unenforceable for any reason the remaining Terms will survive and remain in full force and effect and continue to be binding and enforceable.
These Services are operated and provided by
("the Operator", "us", "our" or "we") which is a company registered with the Maltese Registry of Companies and is based in
You agree to accept communications from us in an electronic format, and agree that all terms, conditions, agreements, notices, disclosures or other communication that we provide to you electronically will be considered to be "in writing."
If you violate these Terms by accessing the Services in an unauthorized manner, you may not receive notices. You agree that you are deemed to have received all notices that would have been delivered had you accessed the Services in an authorized manner.
Our failure to enforce or exercise any right or provision of the Terms will not constitute a waiver of such right or provision.
Neither we nor you may transfer any of these Terms except that we may transfer any of the Terms to a company that is our subsidiary or a holding company, or a subsidiary of that holding company.
These Terms override any previous version of the Terms between you and the Operator.
Unless the Terms say otherwise, there will be no third-party beneficiaries to this agreement.
In order to provide and improve our Services we may need to collect certain information when you visit, browse, interact or register on or through these Services.
We may collect certain non-personal information, that you automatically provide to us, such as browser type, IP address, port number, operating system or user location, and we may collect certain personal information that you provide to us voluntarily, such as email address, name, address, phone number, or information related to the payment methods that you use. In addition, we may collect data related to your activity such as date of last visit or keyword searches or obtain information about you from third party sources such as Google Analytics.
By using our Services you agree that we may collect, store, process, disclose, use or share non-personal and personal information about you. You also acknowledge that you are solely responsible for the personal information you share through our Services.
We may use this information to:
- provide, monitor, improve and personalize our Services, Content and ads,
- develop and test new products and features,
- send electronic newsletters, notifications, and other (including marketing) communications,
- prevent, detect and investigate activities that might be illegal or lead to breach of the Terms,
- contact you regarding any services we or our partners may offer,
Like many companies, we collaborate with partners, use some third party services and products in order to provide rich user experience, social media functionality, process payments, deliver ads and provide users with other features. As a result of this, we may need to share certain information about you with these partners and third parties. In addition, in certain cases we may cooperate with law enforcement authorities in investigating and prosecuting activities that are illegal, violate our Terms, or may be harmful to others.
Cookies, local storage and pixel tags.
Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently. We use them, for example, to measure performance of Services, help users to login to their account or to save user preferences.
Pixel tags are small blocks of code on a web page, application or in an email notification. Like many other companies do, we may use pixels to learn whether user has interacted with certain content, to improve and measure our Services.
Local storage is a standard technology that allows a website or application to store information locally on user's computer or mobile device and just like other technology it helps us to improve and make our Services faster and more efficient.
Third party services.
You might set your browser to block all cookies, including third-party cookies, or clear local browser storage. However it is important to remember that certain features of our Services, such as for instance authentication or remembering your preferences, might not function properly without these features.
Effective: January 27, 2015