Terms of Use
By using Market Guesser mobile application or services offered by Vitalii Bratslavskyi you agree to be bound by these Terms of Use (this "Agreement") and the Company’s Privacy Policy, which is available here and appended at the end of this Agreement, whether or not you register as a member of applications offered by Vitalii Bratslavskyi. If you wish to visit the Website or become a member of applications and make use of the Market Guesser service (the "Service"), please read this Agreement.
The Terms of Use are as set forth in English. You should not rely on any non-English translation. Refer to the English Terms in the event of any discrepancies or inconsistencies.
If you do not accept and agree to be bound by all of the terms and conditions of this Agreement or you do not meet or comply with its provisions, do not use the Website or the Service.
Binding Agreement
a. This Agreement is an electronic contract that sets out the legally binding terms you must accept to use the Website & Applications and to become a "Member." For purposes of this Agreement, the term "Member" or "Membership" means a person who provides information to the Company on the Website to participate in the Service in any manner, whether such person uses the Service as a member. This Agreement may be modified by Market Guesser in its sole discretion at any time, and any such modifications will be posted on the Website. Your continued use of the Website or the Services after the posting of modifications to this Agreement will constitute your acceptance of such revisions.
b. This Agreement includes Market Guesser’s Acceptable Use Policy below for Content (as herein defined) posted on the Website, Market Guesser’s Privacy Policy, any notices regarding the Website, and terms disclosed and agreed to by you if you become a Member.
Account Security
Your account is for your personal use only. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You acknowledge that Market Guesser & Applications is not responsible for third-party access to your account that results from theft or misappropriation of your username or password.
Risk Assumption and Precautions
a. Market Guesser & Applications IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR MEMBER OF THE SERVICE. YOU ASSUME ALL RISK WHEN USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHER MEMBERS, INCLUDING DATING OR SENDING MONEY TO ANOTHER MEMBER. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN MEETING INDIVIDUALS THROUGH THE SERVICE. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.
b. Market Guesser & Applications DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Market Guesser & Applications reserves the right to conduct any criminal background check, at any time and using available public records. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
c. You understand that Market Guesser & Applications make no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals.
Proprietary Rights
The Website & Applications contain the copyrighted material, trademarks, and other proprietary information of Vitalii Bratslavskyi. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Acceptable Website & Applications Use
a. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "Post" or "Posting") on the Website or as part of a Service or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not Post on the Website or as part of the Service, or transmit to Market Guesser or any other Member (either on or off the Website), any material (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) in a manner that is offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive or hateful. You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
b. Market Guesser & Applications reserves the right, but has no obligation, to monitor any Content you post on the Website or as part of a Service. Market Guesser will have the right to remove any Content that in its sole opinion violates, or may violate any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
c. By Posting Content on the Website & Applications or as part of the Service, you automatically grant an irrevocable, perpetual, non-exclusive, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.
d. You are prohibited from violating or attempting to violate the security of the Website & Applications, including, without limitation, (i) accessing data not intended for you or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with or disrupt the Service or the Website including, without limitation, by way of submitting a virus to the Website, overloading, flooding, spamming, mail bombing, or crashing; (iv) sending unsolicited email, including promotions and/or advertising of products or services; (v) forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third-party software); (vi) using (or attempting to use) any engine, software tool, agent, or other device or mechanism any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its Contents; (vii) modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.
e. The Website & Applications may be used only for lawful purposes by individuals seeking friendship and love. As one of the conditions of your use of the Website and the Service, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Website and the Service for any purpose or in any manner that is prohibited by these terms, conditions and notices, or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of the Website and the Service complies with this Agreement and to seek prior written consent from Market Guesser for any uses not permitted or not expressly specified herein. Market Guesser & Applications specifically prohibit any use of the Website or the Service, and you hereby agree not to use the Website or the Service, for any of the following:
i. Posting any incomplete, false, misleading, or inaccurate Content about yourself and/or your profile;
ii. Posting any Content that is not entirely your own or for which you do not have full rights to use;
iii. Impersonating, or otherwise misrepresenting an affiliation, connection or association with, any person or entity;
iv. If you have a password, allowing any other person to access a non-public area of the Website, disclosing to or sharing your password with any third parties, or using your password for any unauthorized purpose; using meta tags or code or other devices containing any reference to the Market Guesser, the Website or the Service (or any trademark, trade name, service mark, logo or slogan of the Market Guesser) to direct any person to any other website for any purpose;
v. Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;
vi. Posting or sending material that exploits people under the age of 18, or solicits personal information from anyone under 18, furthermore, failing to report knowledge of a person under the age of 18 to Market Guesser & Applications, or continuing to use the site & Applications to interact in any way with anyone you know is under the age of 18 will result in termination of your Membership.
vii. Engaging in advertising to, or solicitation of, other Members to send money, buy or sell any products or services. You may not transmit any chain letters or junk email to other Members. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam," or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to Market Guesser & Applications, but that the amount of such harm would be extremely difficult to ascertain; viii. Soliciting gambling or engaging in any gambling or similar activity;
ix. Using the Website & Applications as an escort or prostitute or using the Service to solicit clients for an escort or prostitution service;
x. Initiating contact with members off site by any other means, without first obtaining explicit permission from them to do so via the Website;
xi. Posting advertisements or solicitations of employment, business, or pyramid schemes;
xii. Using the Website or Service to promote, solicit, or engage in prostitution;
xiii. Using the Website or Service for activities that violate any law, statute, ordinance, or regulations;
xiv. Using the Website or Service to encourage, promote, facilitate, or instruct others to engage in illegal activity;
xv. Engage in any activity that violates criminal laws of the jurisdiction in which the Member resides, visits or contacts Members;
xvi. Engage in any activity that facilitates or constitutes human trafficking;
xvii. Stalking or otherwise harassing any other Members or Company employees or representatives;
xviii. "Frame" or "mirror" any part of the Service or the Website, without the Company's prior written authorization;
xix. Any competitive purpose, including copying, soliciting, competitive or market analysis, or any other use by a competitor; and
xx. Recruiting, including pornography, modeling, or escort sites or brothels.
No Harassment of Market Guesser & Applications Employees
You will not harass, annoy, intimidate, or threaten any Market Guesser employees or agents engaged in providing any portion of the Service to you. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership.
Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent at Market Guesser, with the following information: an electronic or physical signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work that you claim is being infringed; identification the material that is claimed to be infringing and where it is located on the Website; information reasonably sufficient to permit Market Guesser to contact you, such as your address, telephone number, and email address; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Only copyright notices will be accepted at the above email address. All other inquiries or requests will be discarded.
Service and Modification to the Website
Market Guesser & Applications do not guarantee that the website will be fully operational all the time. Members may face significant service disturbances. Only in the event that the Website is offline for a period of more than 72 hours, will a pro-rated refund be given. Market Guesser & Applications DO NOT OFFER TECHNICAL SUPPORT. We will offer support only for the Service related to the Website. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice to any Member, group of Members or all Members. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website or the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service.
User Information
When you register for our Service on the Website & Applications, you will be asked to provide us with certain information, including but not limited to a valid email address (your "User Information"). Market Guesser's right to use your User Information is described in our Privacy Policy. Please see our Privacy Policy for further details regarding use of your User Information. Market Guesser reserves the right to offer third-party services and products to you based on the preferences that you identify in your User Information and at any time thereafter; such offers may be made by us or by third parties.
b. You acknowledge and agree that Market Guesser & Applications may disclose in whole or in part your User Information if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Market Guesser’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
c. Notwithstanding any other provision of this Agreement or the Privacy Policy, Market Guesser & Applications reserves the right, but has no obligation, to disclose any information that you submit to the Service, if in its sole opinion, Market Guesser suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Market Guesser, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Market Guesser is permitted to make such disclosure.
Links
The Website & Applications may contain, and the Service may provide, links to sites that are not maintained by Market Guesser. While we try to include links only to those sites which are in good taste and safe for our users, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in the Website does not imply our endorsement of the linked site. If you decide to access linked third-party websites, you do so at your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Market Guesser & Applications shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
Disclaimers
a. Market Guesser & Applications are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service.
b. Market Guesser & Applications are not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.
c. Market Guesser & Applications are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.
d. Market Guesser & Applications are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.
e. Under no circumstances will Market Guesser & Applications are be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interaction or contact between users of the Website, whether online or offline.
f. This site is for entertainment and informational purposes only. to the maximum extent allowed by applicable law, Market Guesser & Applications provides the website and service on an "as is" and "as available" basis and grants no warranties of any kind, either express, implied, statutory or otherwise with respect to the service or the website (including all content contained therein) including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, expectations of privacy, or non-infringement. Market Guesser & Applications does not warrant that the website or service will be uninterrupted or error-free, secure, or that any defects or errors will be corrected.
g. Any material downloaded or otherwise obtained through the use of the service or website is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. if you do not accept this limitation of liability, you are not authorized to download or obtain any material through the service or website.
h. From time to time, Market Guesser & Applications may make third-party opinions, advice, statements, offers, or other third-party information or content available on the Website and/or through the Service. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. Market Guesser & Applications DO NOT: (I) guarantee the accuracy, completeness, or usefulness of any third-party content on the website or provided through the service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the website or service. under no circumstances will Market Guesser or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted on the website or service, or transmitted to or by any members.Market Guesser cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
i. Market Guesser is only a venue – it acts as a venue for individuals to post personal and contact information for the purposes of dating. Market Guesser is not required to screen or censor information posted on the Website, including but not limited to the identity of any user. We are not involved in any actual communication between Members. As a result, we have no control over the quality, safety, or legality of the information or profiles posted, or the truth or accuracy of such information. You agree you are solely responsible for your interactions with other Members. Market Guesser reserves the right, but has no obligation, to monitor disputes between you and other Members. This includes, but is not limited to, conversations via regular email, dates, relationships, phone calls, meetings, he said/she said accusations or any other correspondence or interaction that occur outside of the scope of the Website. The Website is a tool for providing the initial contact between Members, anything beyond that is not in our control and is done so at the Members’ own risk. Members have to use common sense about what information they reveal to others via email or any other means of communication. It is your responsibility to investigate Members and agree that you will verify they are legitimate date seekers. There are many different frauds, schemes, and deceptions on the Internet, and we strongly caution you to be skeptical of any Member until you learn more about them and verify their background.
j. In addition to the preceding information under this Agreement, any advice or thoughts that may be posted on the Website or through the services provided for under this Agreement is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist and seek immediate attention of the proper personnel.
k. You specifically acknowledge and agree that Market Guesser is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and we reserve the right to remove such materials from the Website without liability.
Limitation on Liability
a. To the maximum extent permitted by applicable law, in no event will Market Guesser & Applications be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if Market Guesser knows or has been advised of the possibility of such damages. to the maximum extent permitted by applicable law, under no circumstances will Market Guesser’s aggregate liability, in any form of action whatsoever in connection with this agreement or the use of the service or the website, exceed the price paid by you for your membership.
b. To the maximum extent permitted by applicable law, in no event will Market Guesser be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other members of the service. this includes any claims, losses or damages arising from the conduct of members who have registered under false pretenses or who attempt to defraud or harm you.
c. To the fullest extent permitted by applicable law, you release the Company from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
General Provisions
a. Violation of this Agreement may cause Market Guesser irreparable harm, and you therefore agree that Market Guesser & Applications will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Market Guesser& Applications may have for a breach of this Agreement.
b. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service.
c. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
d. The failure of Market Guesser to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
e. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death.
f. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Market Guesser in any manner.
Revision Date and Amendment
This Agreement is subject to change by the Company at any time.
This Agreement was last revised on July 19, 2023.