Terms Of Services
OF USE. BY USING THIS WEBSITE YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF
THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS WEBSITE.
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Vista Neotech Pvt Ltd is a Indian limited liability company that is registered at
the Registrar of Companies in India, New Delhi. Vista Neotech Pvt Ltd and its affiliates
and / or branches (hereinafter together “MLM Union”) provide a collection of online
resources which include classified advertisements and forums (collectively, the
"Service") on the website www.mlmunion.in and related sites and the mobile application
of the platform (collectively, the "Website").
The Website and the Service are provided to you subject to these MLM UNION Terms
of Use (these "Terms"). For the purpose of the Terms and wherever the context so
requires, the terms 'you' and “your” shall mean any person who uses or accesses,
whether through manual or automated means, the Website or the Service in any manner
whatsoever including persons browsing the Website and its content, posting comments
or any content or responding to any advertisements or content on the Website. By
using the Service, you agree to comply with these Terms.
Additionally, when using a portion of the Service, you agree to conform to any applicable
posted guidelines for such Service, which may change or be updated from time to
time at MLM Union’s sole discretion. You understand and agree that you are solely
responsible for reviewing these Terms from time to time. Should you object to any
term or condition of these Terms, any guideline, or any subsequent changes thereto
or become unhappy with MLM UNION or the Service in any way, your only choice is
to immediately discontinue use of MLM UNION.
These Terms may be updated by MLM UNION at any time at its sole discretion. MLM
UNION may send you notices of changes to the Website or the Terms pursuant to Section
21 herein. MLM UNION may provide a translation of the English version of the Terms
into other languages. You understand and agree that any translation of the Terms
into other languages is for your convenience only and that the English version governs
the terms of your relationship with MLM UNION. Furthermore, if there are any inconsistencies
between the English version of the Terms and any translation, the English version
of the Terms shall govern.
DESCRIPTION OF SERVICE AND CONTENT POLICY
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1. MLM UNION is the next generation of free online classifieds.
We act as a venue to allow our users who comply with these Terms to offer, sell,
and buy products and services listed on the Website. Although you may be able to
conduct payment and other transactions through the Website, using third-party vendors
such as PayPal, MLM UNION is not in any way in involved in such transactions. As
a result, and as discussed in more detail in these Terms, you hereby acknowledge
and agree that MLM UNION is not a party to such transactions, has no control over
any element of such transactions, and shall have no liability to any party in connection
with such transactions. You use the Service and the Website at your own risk.
2. You understand that MLM UNION does not control, and is not
responsible for ads, directory information, business listings/information, messages
between users, including without limitation e-mails sent from outside MLM Union’s
domain or other means of electronic communication, whether through the Website or
another Third Party Website (defined below) or offerings, comments, user postings,
files, images, photos, video, sounds, business listings/information and directory
information or any other material made available through the Website and the Service
("Content"), and that by using the Website and the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
You acknowledge and agree that you are responsible for and must evaluate, and bear
all risks associated with, the use of any Content, that you may not rely on said
Content, and that under no circumstances will MLM UNION be liable in any way for
the Content or for any loss or damage of any kind incurred as a result of the browsing,
using or reading any Content listed, e-mailed or otherwise made available via the
Service. You acknowledge and agree that MLM UNION cannot and does not pre-screen
or approve any Content, but that MLM UNION has the right, in its sole and absolute
discretion, to refuse, delete or move any Content that is or may be available through
the Service, for violating these Terms and such violation being brought to MLM Union’s
knowledge or for any other reason or no reason at all. Furthermore, the Website
and Content available through the Website may contain links to other third party
websites ("Third Party Websites"), which are completely unrelated to MLM UNION.
If you link to Third Party Websites, you may be subject to those Third Party Websites'
terms and conditions and other policies. MLM UNION makes no representation or guarantee
as to the accuracy or authenticity of the information contained in any such Third
Party Website, and your linking to any other websites is completely at your own
risk and MLM UNION disclaims all liability thereto.
3. You acknowledge and agree that you are solely responsible for
your own Content posted on, transmitted through, or linked from the Service and
the consequences of posting, transmitting, linking or publishing it. More specifically,
you are solely responsible for all Content that you upload, email or otherwise make
available via the Service. In connection with such Content posted on, transmitted
through, or linked from the Service by you, you affirm, acknowledge, represent,
warrant and covenant that: (i) you own or have and shall continue to, for such time
the Content is available on the Website, have the necessary licenses, rights, consents,
and permissions to use such Content on the Service and Website (including without
limitation all patent, trademark, trade secret, copyright or other proprietary rights
in and to any and all such Content) and authorize MLM UNION to use such Content
to enable inclusion and use of the Content in the manner contemplated by the Service,
the Website and these Terms; and (ii) you have the written consent, release, and/or
permission of each and every identifiable individual person or business in the Content
to use the name or likeness of each and every such identifiable individual person
or business to enable inclusion and use of the Content in the manner contemplated
by the Service, the Website and these Terms. For clarity, you retain all of your
ownership rights in your Content; however, by submitting any Content on the Website,
you hereby grant to MLM UNION an irrevocable, non-cancellable, perpetual, worldwide,
non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the Content in connection
with the Website and MLM Union’s (and its successors') business, including without
limitation for the purpose of promoting and redistributing part or all of the Website
and Content therein (and derivative works thereof) in any media formats and through
any media channels now or hereafter known. These rights are required by MLM UNION
in order to host and display your Content. Furthermore, by you posting Content to
any public area of the Service, you agree to and do hereby grant to MLM UNION all
rights necessary to prohibit or allow any subsequent aggregation, display, copying,
duplication, reproduction, or exploitation of the Content on the Service or Website
by any party for any purpose. You also hereby grant each user of the Website a non-exclusive
license to access your Content through the Website. The foregoing license to each
user granted by you terminates once you or MLM UNION remove or delete such Content
from the Website.
4. MLM UNION does not endorse any Content or any opinion, statement,
recommendation, or advice expressed therein, and MLM UNION expressly disclaims any
and all liability in connection with user Content. MLM UNION does not permit copyright
infringing activities and infringement of intellectual property rights on the Website,
and MLM UNION may, at its sole discretion, remove any infringing Content if properly
notified in accordance with applicable law that such Content infringes on another's
intellectual property rights. MLM UNION reserves the right to remove any Content
without prior notice. MLM UNION may also terminate a user's access to the Website,
if they are determined to be a repeat infringer or found to be indulging in any
act contrary to these Terms. A repeat infringer is a user who has been notified
of infringing activity more than twice and/or has had a user submission removed
from the Website more than twice. Further, at its sole discretion, MLM UNION reserves
the right to decide whether any Content is appropriate and complies with these Terms.
5. MLM UNION may provide a video service to you if you upload
photographs for your ad. By uploading your photographs, you irrevocably consent
to the use of your photographs for this service and represent and warrant that you
have all right, title and interest necessary to upload and use the photographs on
this service. Under this service, using a third party application or service, MLM
UNION may, at its discretion, create a video of your photographs, upload the video
via www.youtube.com or another third party service provider, as determined by MLM
UNION at its discretion, and embed the video into your ad on MLM UNION.
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Featured Ads are subject to the Terms listed herein, as well as additional terms
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You agree not to post, email, host, display, upload, modify, publish, transmit,
update or share any information on the Site, or otherwise make available Content:
1. That violates any law or regulation.
2. That is copyrighted or patented, protected by trade secret
or trademark, or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have permission
or a license from their rightful owner to post the material and to grant MLM UNION
all of the license rights granted herein.
3. That infringes any of the foregoing intellectual property rights
of any party, or is Content that you do not have a right to make available under
any law, regulation, contractual or fiduciary relationships.
4. That is harmful, abusive, unlawful, threatening, harassing,
blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive
of another's privacy or other rights, hateful, or racially, ethnically objectionable,
disparaging, relating or encouraging money laundering or illegal gambling or harms
or could harm minors in any way or otherwise unlawful in any manner whatsoever.
5. That harasses, degrades, intimidates or is hateful towards
any individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability.
6. That violates any (local) equal employment laws, including
but not limited to those prohibiting the stating, in any advertisement for employment,
a preference or requirement based on race, color, religion, sex, national origin,
age, or disability of the applicant.
7. That threatens the unity, integrity, defence, security or sovereignty
of India, friendly relations with foreign states, or public order or causes incitement
to the commission of any cognisable offence or prevents investigation of any offence
or is insulting any other nation.
8. That includes personal or identifying information about another
person without that person's explicit consent.
9. That impersonates any person or entity, including, but not
limited to, an MLM UNION employee, or falsely states or otherwise misrepresents
an affiliation with a person or entity.
10. Deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly offensive or menacing
11. That is false, deceptive, misleading, deceitful, misinformative,
or constitutes "bait and switch" offer.
12. That constitutes or contains "pyramid schemes," "affiliate
marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited
advertisements of a commercial nature.
13. That constitutes or contains any form of advertising or solicitation
if (1) posted in areas or categories of the Website which are not designated for
such purposes; or (2) e-mailed to MLM UNION users who have requested not to be contacted
about other services, products or commercial interests.
14. That includes links to commercial services or Third Party
Websites, except as specifically allowed by MLM UNION.
15. That advertises any illegal services or the sale of any items
the sale of which is prohibited or restricted by applicable law, including without
limitation items the sale of which is prohibited or regulated by applicable law.
16. That contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment or any other computer
17. that disrupts the normal flow of dialogue with an excessive
number of messages (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service.
18. That employs misleading email addresses, or forged headers
or otherwise manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you agree not to:
1. contact anyone who has asked not to be contacted, or make
unsolicited contact with anyone for any commercial purpose, specifically, contact
any user to post advertisement on a third party Website or post any advertisement
on behalf of such user; or to "stalk" or otherwise harass anyone.
2. make any libellous or defamatory comments or postings to or
3. collect personal data about other users or entities for commercial
or unlawful purposes.
4. use automated means, including spiders, robots, crawlers,
data mining tools, or the like to download or scrape data from the Service, except
for internet search engines (e.g,. Google) and non-commercial public archives (e.g.
archive.org) that comply with our robots.txt file.
5. post Content that is outside the local area or not relevant
to the local area, repeatedly post the same or similar Content, or otherwise impose
unreasonable or disproportionately large loads on our servers and other infrastructure.
6. post the same item or service in multiple classified categories
or forums, or in multiple metropolitan areas.
7. attempt to gain unauthorized access to computer systems owned
or controlled by MLM UNION or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the functionality of,
the Service or the Website.
8. use any form of automated device or computer program (sometimes
referred to as "flagging tools") that enables the use of MLM Union’s "flagging system"
or other community control systems without each flag being manually entered by a
human that initiates the flag (an "automated flagging device"), or use any such
flagging tool to remove posts of competitors, other third parties or to remove posts
without a reasonable good faith belief that the post being flagged violates these
Terms or any applicable law or regulation.
9. use any automated device or software that enables the submission
of automatic postings on MLM UNION without human intervention or authorship (an
"automated posting device"), including without limitation, the use of any such automated
posting device in connection with bulk postings, or for automatic submission of
postings at certain times or intervals.
Any Content uploaded by you shall be subject to relevant laws and may disabled,
or and may be subject to investigation under appropriate laws. Furthermore, if you
are found to be in non-compliance with the laws and regulations, these terms, or
to the Site and we reserve the right to remove any non-compliant Content uploaded
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MLM UNION may charge a fee to post Content in some areas of the Service. The fee
permits certain Content to be posted in a designated area of the Website. Each party
posting Content to the Service is responsible for said Content and compliance with
the Terms. Any such fees paid hereunder are non-refundable in the event any Content
is removed from the Service for violating these Terms.
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As used herein, the term "Posting Agent" refers to a third-party agent, service
or intermediary that offers to post Content to the Service on behalf of others.
MLM UNION prohibits the use of Posting Agents, directly or indirectly, without the
express written permission of MLM UNION. In addition, Posting Agents are not permitted
to post Content on behalf of others, directly or indirectly, or otherwise access
the Service in order to post Content on behalf of others, except with express written
permission or license from MLM UNION.
ACCESS TO THE SERVICE
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MLM UNION grants you a limited, revocable, non-exclusive license to access and use
the Service for personal use. This license granted herein does not include any of
the following: access to or use of the Service by Posting Agents; or any collection,
aggregation, copying, duplication, display or derivative use of the Service nor
any use of data mining, robots, spiders, or similar data gathering and extraction
tools for any purpose unless expressly permitted by MLM UNION or as otherwise set
forth in these Terms.
Notwithstanding the foregoing, general purpose internet search engines and non-commercial
public archives that gather information for the sole purpose of displaying hyperlinks
to the Service, provided they each do so from a stable IP address or range of IP
addresses using an easily identifiable agent and comply with our robots.txt file,
may engage in the activities set forth in.
For purposes of this exception, a "general purpose internet search engine" does
not include a website or search engine or other service that specializes in classified
listings including any subset of classifieds listings such as housing, for sale,
jobs, services, or personals, or which otherwise provides classified ad listing
services. The license set forth in this Section permits you to display on your website,
or create a hyperlink thereto, individual postings on the Service so long as such
use is for non-commercial and/or news reporting purposes only (e.g., for use in
personal blogs or other personal online media).
If the total number of such postings displayed on or linked to your website exceeds
ninety nine postings, your use will be considered to be in violation of these Terms,
unless MLM UNION expressly grants you permission otherwise. You are also permitted
to create a hyperlink to the home page of the Website so long as the link does not
portray MLM UNION, its employees, affiliates or agents in a false, confusing, misleading,
derogatory, or otherwise offensive matter. MLM UNION may offer parts of the Service
in RSS format for the purpose of embedding individual RSS feeds into a personal
website or blog, or view postings through third party software news aggregators.
MLM UNION permits you to display, excerpt from, and link to any such RSS feeds on
your personal website or personal blow, provided that your use of the RSS feed is
for personal, non-commercial purposes only, each title within an RSS feed is correctly
linked back to the original post on the Service and redirects the user to the post
when the user clicks on it, you provide, in a conspicuous manner, proper attribution
to 'MLM UNION' as the source of the RSS feed, your use or display of the RSS feed
does not suggest that MLM UNION promotes or endorses any third party causes, opinions,
ideas, websites, products or services, you do not redistribute the RSS feed, and
your use does not overburden or otherwise slow the performance of MLM Union’s systems.
MLM UNION reserves all rights in and to the content of any RSS feeds provided through
the Service and may terminate any RSS feed at any time without notice. Use of the
Service beyond the scope of authorized access as set forth in these Terms immediately
terminates any permission or license granted herein. In order to collect, aggregate,
copy, duplicate, display or make derivative use of the Service or any Content made
available via the Service for other purposes (including commercial purposes) not
stated herein, you must first obtain a license from MLM UNION.
NOTIFICATION OF CLAIMS OF INFRINGEMENTS
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MLM UNION is not liable for any infringement of intellectual property rights arising
out of materials posted on or transmitted through the site, or items advertised
on the site, by end users or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorised
to act on behalf of the owner of intellectual property rights and believe that any
Content or other content infringes upon your intellectual property right or intellectual
property right of the owner on whose behalf you are authorised to act, you may submit
a notification to MLM UNION together with a request to MLM UNION to delete the relevant
Content in good faith in the claims of infringement.
INTELLECTUAL PROPERTY RIGHTS
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You acknowledge and agree that the materials on the Website, other than the user
Content that you licensed under Section 2(3) of the Terms, including without limitation,
the text, software, scripts, graphics, photos, sounds, music, videos, interactive
features and the like ("Materials") and the trademarks, service marks and logos
contained therein ("Marks"), are owned by or licensed to MLM UNION, and are subject
to copyright and other intellectual property rights under Dutch laws, foreign laws
and international treaties and/or conventions.
In connection with the Services, the Website may display certain trademarks belonging
to third parties. Use of these trademarks may be subject to license granted by third
parties to MLM UNION. You shall, in no event, reverse engineer, decompile, or disassemble
such trademarks and nothing herein shall be construed to grant you any right in
relation to such trademarks. Materials on the Website are provided to you AS IS
for your information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited
for any other purposes whatsoever without the prior written consent of the respective
MLM UNION reserves all rights not expressly granted herein to the Website and the
Materials. You agree to not engage in the use, copying, or distribution of any of
the Materials other than as expressly permitted herein, including any use, copying,
or distribution of Materials of third parties obtained through the Website for any
commercial purposes. If you download or print a copy of the Materials for personal
use, you must retain all copyright and other proprietary notices contained therein.
You agree not to circumvent, disable or otherwise interfere with security related
features of the Website or features that prevent or restrict use or copying of any
Materials or enforce limitations on use of the Website or the Materials therein.
The Service is protected to the maximum extent permitted by copyright laws, other
laws, and international treaties and/or conventions. Content displayed on or through
the Service is protected by copyright as a collective work and/or compilation, pursuant
to copyrights laws, other laws, and international conventions.
Any reproduction, modification, creation of derivative works from or redistribution
of the Website, the Materials, or the collective work or compilation is expressly
prohibited. Copying or reproducing the Website, the Materials, or any portion thereof
to any other server or location for further reproduction or redistribution is expressly
prohibited. You further agree not to reproduce, duplicate or copy Content or Materials
from the Service, and agree to abide by any and all copyright notices and other
notices displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the Service.
Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any aspect of the Service.
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You understand that when using the Website, you will be exposed to Content from
a variety of sources, and that MLM UNION is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such Content, and you
agree and assume all liability for your use. You further understand and acknowledge
that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable,
defamatory or libellous and you agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against MLM UNION with respect
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You agree to defend, indemnify and hold harmless MLM UNION, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service providers,
suppliers and employees, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited to attorneys'
fees) arising from: (i) your use of and access to the Website and/or the Service;
(ii) your violation of any term of these Terms; (iii) your violation of any third
party right, including without limitation any copyright, trademark, trade secret
or other property, or privacy right; or (iv) any claim that your Content caused
damage to a third party. This defense and indemnification obligation will survive
termination, modification or expiration of these Terms and your use of the Service
and the Website.
NO SPAM POLICY
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You understand and agree that sending unsolicited email advertisements or other
unsolicited communications to MLM UNION email addresses or through MLM UNION computer
systems are expressly prohibited by these Terms. You acknowledge and agree that
from time to time MLM UNION may monitor email usage using human monitors or automated
software to flag certain words associated with spam or scams in emails that are
sent between one user to another in the MLM UNION e mail system. Any communication
between yourself and any other user utilizing the communication features available
on the Service and the Website may be used only in accordance with the Terms. Any
unauthorized use of MLM UNION computer systems is a violation of these Terms and
certain applicable laws. Such violations may subject the sender and his or her agents
to civil and criminal penalties.
DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
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You acknowledge and agree that MLM UNION shall not be liable for your interactions
with any organizations and/or individuals on the Website or through the Service.
This includes, but is not limited to, payment and delivery of goods and services,
and any other terms, conditions, warranties or representations associated with any
interaction you may have with other organizations and/or individuals. These dealings
are solely between you and such organizations and/or individuals. You agree and
acknowledge that MLM UNION shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or interactions. If there
is a dispute between participants on the Website, or between users and any third
party, you understand and agree that MLM UNION is under no obligation to become
involved in such dispute. In the event that you have a dispute with one or more
other users, you hereby release MLM UNION, its officers, employees, agents and successors
from any and all claims, demands and damages (actual and consequential) of every
kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way related to such disputes and/or our Service.
LIMITATION AND TERMINATION OF SERVICE
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You acknowledge and agree that MLM UNION may establish limits from time to time
concerning use of the Service, including among others, the maximum number of days
that Content will be maintained or retained by the Service, the maximum number and
size of postings, e-mail messages, or other Content that may be transmitted or stored
by the Service, and the frequency with which you may access the Service or the Website.
You acknowledge and agree that MLM UNION has no responsibility or liability for
the deletion or failure to store any Content maintained or transmitted by the Website
or the Service.
You acknowledge and agree that MLM UNION reserves the right at any time to modify
or discontinue the Service (or any part thereof) with or without notice, and that
MLM UNION shall not be liable to you or to any third party for any such modification,
suspension or discontinuance of the Service.
You acknowledge and agree that MLM UNION, in its sole and absolute discretion, has
the right (but not the obligation) to delete or deactivate your account, block your
e-mail or IP address, or otherwise terminate your access to or use of the Service
(or any part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason or no reason at all, including, without
limitation, if MLM UNION believes that you have violated these Terms. Further, you
agree that MLM UNION shall not be liable to you or any third-party for any termination
of your access to the Website or the Service. Further, you agree not to attempt
to use the Service after any such termination.
DISCLAIMER OF WARRANTIES
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YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY
AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS"
OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED
BY LAW MLM UNION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
MLM UNION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE
WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY,
AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE.
MLM UNION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR
ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MLM
UNION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
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IN NO EVENT SHALL MLM UNION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE
FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN
IF MLM UNION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM
INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION
WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON
OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION
WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE MLM UNION SITE. THESE LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE
AND AGREE THAT MLM UNION SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM
OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled
and offered by MLM UNION. MLM UNION makes no representations or warranties that
the Website is appropriate for use in other locations. Those who access or use the
Website from other jurisdictions do so at their own volition and risk and are responsible
for compliance with local law.
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These Terms, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by MLM UNION without restriction. Any assignment
or transfer by you shall be null and void.
ABILITY TO ACCEPT TERMS OF SERVICE
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This Website is intended only for adults and that you are eligible to contract as
per applicable laws. If you are using/accessing this Website as a representative
of any person/entity, you acknowledge that you are legally authorised to represent
that person/entity. Minors, i.e. users of under 18 years of age, are only allowed
to access the Website and use the Service, in the event of approval of their legal
representatives or in the event that it concerns an act or a transaction that is
usual and acceptable standard in civil life and practice. You affirm that you are
either at least 18 years of age, or an emancipated minor, or possess legal parental
or guardian consent, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in these Terms,
and to abide by and comply with these Terms. In any case, you affirm that you are
over the age of 13, as the Website is not intended for children under 13.
NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS If you are
under the age of 13, YOU MUST NOT USE THIS WEBSITE. Please do not send us your personal
information, including your email addresses, name, and/or contact information. If
you want to contact us, you may only do so through your parent or legal guardian.
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These Terms and the other policies posted on the Website constitute the complete
and exclusive understanding and agreement between you and MLM UNION and govern your
use of the Service and the Website superseding all prior understandings, proposals,
agreements, negotiations, and discussions between the parties, whether written or
oral. The Terms and the relationship between you and MLM UNION shall be governed
by the laws of the India. Any claim you may have against MLM UNION must be submitted
to the exclusive jurisdiction the courts of New Delhi, India. However, in the event
that you are a consumer it may be that consumer law requires that another law is
applicable and that a claim may be submitted to another jurisdiction.
The failure of MLM UNION to exercise or enforce any right or provision of the Terms
shall not constitute a waiver of such right or provision. If any provision of the
Terms is found by a court of competent jurisdiction to be invalid (including, without
limitation, because such provision is inconsistent with the laws of another jurisdiction)
or inapplicable, the parties nevertheless agree that the court should endeavour
to give effect to the parties' intentions as reflected in the provision. If any
provision or provisions of these Terms is held to be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining provisions of the Terms
shall not in any way be affected or be impaired.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED
TO YOUR USE OF THE SERVICE AND/OR THE WEBSITE MUST COMMENCE WITHIN A REASONABLE
TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT
THAT MLM UNION MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE
STATUTE OF LIMITATIONS UNDER DUTCH LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED. These Terms shall inure to the benefit of and be binding upon each party's
successors and assigns.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
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Please report any violations of the Terms that you become aware of by contacting
us using the link at the bottom of the MLM UNION homepage at www.mlmunion.in. Any
failure to act by MLM UNION with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches by you or others.
You understand and agree that, because damages are often difficult or impossible
to quantify, if actual damages cannot be reasonably calculated then you will be
liable to pay MLM UNION the following as liquidated damages (and not a penalty):
1. If MLM UNION establishes any limits on the frequency with which
you may access the Service, or terminates your access to or use of the Service,
you agree to pay MLM UNION ninety nine euros (€99) for (i) each message posted in
excess of such limits or (ii) for each day on which you access MLM UNION in excess
of such limits, whichever is higher.
2. If you are a Posting Agent that uses the Service in violation
of these Terms, in addition to any liquidated damages under Section 20(5) below
you agree to pay MLM UNION ninety nine euros (€99) for each and every item you post
in violation of these Terms. A Posting Agent will also be deemed an agent of the
party engaging the Posting Agent to access the Service, and such party (by engaging
the Posting Agent in violation of these Terms) agrees to pay MLM UNION an additional
ninety nine euros (€99) for each item posted by the Posting Agent on behalf of such
party in violation of these Terms.
3. If you use MLM UNION e-mail addresses or computer systems
to send unsolicited e-mail advertisements to MLM UNION e-mail addresses or any other
party, you agree to pay MLM UNION thirty euros (€30) for each such e-mail.
4. If you post messages in violation of these Terms, other than
as described above, you agree to pay MLM UNION ninety nine euros (€99) for each
such message. Notwithstanding the foregoing, MLM UNION may, in its sole and absolute
discretion, issue a warning before assessing damages pursuant to this Section 20(5).
5. If you aggregate, copy, display, mirror, reproduce, or otherwise
exploit for any purpose any Content (except for your own Content) in violation of
these Terms without MLM Union’s express written permission, you agree to pay MLM
UNION ten thousand euros (€10,000) for each day on which you engage in such conduct.
If none of the foregoing clauses (a) – (f) are applicable, you agree to pay MLM
Union’s actual damages, to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of these Terms, MLM UNION retains the right
to seek equitable remedies, including without limitation, specific performance of
any term contained in these Terms, or a preliminary or permanent injunction against
the breach or threatened breach of any such term or in aid of the exercise of any
power granted in these Terms, or any combination thereof, without the necessity
of posting a bond.
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1. European standards / Personal Data Protection Act
MLM UNION is responsible for the collection, use, and retention of personal information
in the sense of the Dutch Personal Data Protection Act and thus in accordance with
2. Type of Information Collected:
When you visit the Website, we may collect certain non-personal information such
as your Internet Protocol ("IP") address, operating system, browser type, and Internet
service provider. This type of information does not identify you personally. When
you register with the Website or respond to advertisements or posts on the Website
or post contents on the Website without registering, we may also collect personal
information that you provide such as your name, mailing address, email address,
phone/mobile number, home country, and zip code ("Registration Information"). You
have the option of also providing to us your fax numbers, gender, age, and/or company
name if you choose to register with MLM UNION. If you provide your phone number,
it will be displayed in your posting. Further, if you have provided your phone number
and posted an advertisement using your account, you agree to receive communications
on the provided phone number from our side which may include but not be limited
to automated calls or text messages. The communication may require you to confirm
and verify that your account has been used to post the relevant advertisement on
the Website. We may also collect additional information that our users provide,
such as new or deleted postings, new or deleted comments, keyword searches, scam
reports and new contact sellers. We use a third-party credit card processing company
for purchases, and other third party companies to monitor site traffic, which may,
in some instances, store your information (see Section 21(4) below). By using this
Website or the Service, you consent to collection, storage, and use of the personal
information you provide for any of the services that we offer, and you consent to
our collection of any changes or updates that you may provide to any information
you provide that is collected by MLM UNION.
information, and language selection. Cookies may be used whether you register with
us or not. "Cookies" are small text files transferred by a web server to your hard
drive and thereafter stored on your computer. The types of information a cookie
collects include the date and time you visited, your browsing history, your preferences,
and your username. In some instances, our third-party service providers may use
cookies on the Website. We cannot control or access cookies used by third- party
cookies used by third parties. You have the ability to either accept or decline
Typically, you can configure your browser to not accept cookies. However, declining
example, you may have difficulty logging in or using certain interactive features
of the Website, such as the MLM UNION Forum or Comments feature.
4. Third Parties
We use third-party service providers to assist us in measuring purchases and sales
on our Website and generally improving our Website and to monitor our users' interests
and activities. You hereby authorise MLM UNION and/or third party service providers
engaged by MLM UNION to collect, use, store, analyse, reproduce, publish, and adapt
(either on its own or through third party service provider) the information in relation
to your use of the Website for the purpose of data analysis and for improving your
experience on the Website. In addition, the Website may occasionally contain links
to Third-Party Sites or provide you information in relation to services that you
may avail from any third parties. Information about services that you may choose
to avail from these third party service providers may be actively provided to you
by MLM UNION in any manner including through its various marketing and communication
channels. You acknowledge that this is solely undertaken by MLM UNION to improve
your experience in relation to the use of the Website and the provision of such
services shall be subject to such additional terms and conditions of MLM UNION and/or
third party service providers. MLM UNION may also offer for free or for a fee, deliverables
produced by third party service providers in furtherance of any services that you
may have availed from these third party service providers in connection with the
advertisement posted on the Website, without any obligation (monetary or otherwise)
towards you. MLM UNION shall not be responsible for any service availed by you from
such third parties or any payment made by you to such third parties in connection
with the services. Any concern or claims in relation to such services should be
directed by you to such third parties. If you click on the links to Third-Party
Websites, you leave the Website. We are not responsible for the content of these
Third-Party Websites or for the security of your personal information when you use
the Third Party Websites. These third-party service providers and Third-Party Sites
may have their own privacy policies governing the storage and retention of your
personal information that you may be subject to. They may collect information such
does not govern personal information provided to, stored on, or used by these third-party
providers and Third-Party Sites. We recommend that when you enter a Third-Party
your personal information. We use third-party advertising companies to serve ads
when you visit the Website. These companies may use information (not including your
name, address, email address, or telephone number) about your visits to the Website
and Third-Party Websites in order to provide advertisements about goods and services
to serve ads. Google's use of the DoubleClick DART Cookie enables it to serve ads
to the Website's users based on their visit to the Websites and Third-Party Websites.
For more information on the DART Cookie see: http://www.google.com/privacy_ads.html.
You may opt out of the use of the DART Cookie by Google by visiting the Google Ad
may opt out of targeting advertising for all NAI member ad networks by visiting:http://www.networkadvertising.org/.
By publishing an ad on the Website, you acknowledge and agree that the Content is
public and accessible by any third party and that they may appear in search engine
results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in
the cache of those search engines, in feeds and Third-Party Websites pursuant to
cobranding agreements, and that it is the sole responsibility of each of those search
engines, Third-Party Websites or RSS web feed resources to update and/or to remove
Content from their indexes and their cache. You agree and acknowledge that MLM UNION
is not liable for the information published in search results or by any Third-Party
Website that carries MLM UNION postings.
5. How Your Information is Used
user activity, such as keyword searches or new postings, and more effectively manage
traffic on the Website; (ii) provide customer services, create and manage user accounts;
and (iii) assist you with technical difficulties. Also, we may share with third-party
service providers certain information, such as your browser capabilities or operating
system, that we have collected in order to better understand which advertisements
and services may interest you. We may block users located in certain countries from
using the Website. We may retain such information for as long as is required to
fulfil our business objective, even after your account is terminated.
6. Protecting Your Personal Information
You are a valued customer, and we recognize that protecting your privacy is important
to you. For this reason, we are committed to protecting the personal information
you provide in a variety of ways. We do not directly process any payments and do
not store your credit card information. Secured socket layer ("SSL") technology
is used for processing payment transactions with third- party service provider partners,
such as Click & Buy, PayPal, and DineroMail. Your Registration Information may be
protected by a unique customer password and user ID. You should not disclose your
password information to anyone and you should always remember to log off if using
a shared computer. Lastly, you may utilize the Website as an anonymous user by not
registering. We have taken certain security protections in safeguarding your personal
information. However, as with most electronic transactions, no method is 100% safe.
While we strive to use a commercially acceptable means to protect the personal information
you provide, we cannot guarantee its security. Therefore, you acknowledge and agree
that we assume no liability regarding the theft, loss, alteration or misuse of personal
or other information or Content, including, without limitation, such information
that has been provided to third parties or other users, or with regards to the failure
of a third party to abide by the agreement between us and such third party. You
may participate in our Forum or utilize our Comments feature. For postings to the
Forum, your username will be posted. For postings using the Comments feature, your
name and email will only be posted if you provide it in the comment. We strongly
discourage posting any information on these features or in any Content posted by
you that you do not want others to see. You agree that you are responsible for maintaining
the confidentiality of your username and password, and all uses of your account,
whether or not you have authorized such use.
7. Accessing and Modifying Personal Information and Communication
You may access, remove, review, and/or make changes to personal information that
you have provided to us via the Contact Support form. You need not register in order
to post or respond to advertisements on the Website. If you register or respond
to advertisements or posts on the Website or post any content on the Website, we
may send you certain notifications, advertisements, promotions, surveys, text messages,
specials and phone calls in relation to the Services. You hereby unconditionally
allow us and our service providers to contact you via text messages or by phone
calls and agree that you shall have no claim against MLM UNION or its service providers
under any applicable law. We may also send you any legally required notifications
and certain notifications, including but not limited to, service related notices
or notices regarding a change to any of our policies. For example, we may send you
a notice regarding server problems or scheduled maintenance to the Website. In order
to opt-out of receiving these notices, you may need to deactivate your account.
You can opt out of certain e-mail communications from us, including our newsletters,
advice on buying and selling on the Website, notifications that a user has commented
on your posting, and notifications that you can refresh your posting. We will not
change your preferences without your consent. You cannot opt out of receiving transactional
communications from MLM UNION related to your account.
On rare occasions, we may be required to disclose your personal information due
to legal or regulatory requirements. In such instances, we reserve the right to
disclose your personal information as required in order to comply with our legal
obligations, including but not limited to complying with court orders, warrants,
subpoenas, service of process requirements, or discovery requests. We may also disclose
information about our users to law enforcement officers or others, in the good faith
belief that such disclosure is reasonably necessary to enforce these Terms and/or
or protect the rights, property, or personal safety of MLM UNION, our users or the
general public. You agree and acknowledge that we may not inform you prior to or
after disclosures made according to this section. If substantially all of our assets
are sold or merged into another company, the acquiring company shall be given access
to your personal information without your consent. If we sell only a part of our
business, the acquiring entity shall have access to your personal information without
your consent and we may send you a notice regarding this sale.
9. Notification of Changes
We reserve the right to change these Terms from time to time, and at our sole discretion.
We may send you a notice regarding material changes to these Terms, including the
the beginning of the Terms. With this information, you should be able to identify
if the Terms have been updated recently.
Any disputes regarding your privacy are subject to the Terms, including but not
limited to any provisions related to indemnification, limitations on damages, and
choice of law and forum.
11. How to Contact Us
MLM UNION COMMUNITIES
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1. MLM UNION Communities
MLM UNION Communities are closed and restricted communities ("MLM UNION Community"
or "MLM UNION Communities") on the MLM UNION mobile classifieds application ("MLM
UNION App"), providing a venue for members of such communities to buy and sell their
goods and services. MLM UNION Communities are managed and moderated by administrators
("Community Administrators"). Community Administrators may provide specific terms
controlled nor reviewed by MLM UNION. In the event of any discrepancy between specific
rules of a community and MLM UNION Terms (defined below), MLM UNION Terms shall
By using or accessing any MLM UNION Community, you agree to comply with the terms
("MLM UNION Terms"). MLM UNION reserves the right to modify MLM UNION Terms from
time to time without notice.
3. User Registration
Only users who have logged-in through their Facebook account on the MLM UNION App
shall be eligible to join as a member of any MLM UNION Community ("Members"). The
membership shall however be subject to approval of the Community Administrator.
Your membership may be terminated by the Community Administrator at any time.
4. Community Administrators
Members of MLM UNION Communities shall be eligible to become Community Administrators.
Any Members interested to become a Community Administrator may write to help@MLM
Community Administrators are responsible for managing and monitoring the MLM UNION
Communities. Each Community Administrator shall ensure that their respective MLM
UNION Communities are in compliance with the MLM UNION Terms and shall ensure the
a. The Community Administrators shall choose a suitable cover
picture for their respective MLM UNION Community. The Community Administrators shall
ensure that the cover is not deceptive, inappropriate, misleading and does not infringe
any third party's intellectual property rights.
b. The Community Administrator shall have the right to grant permission
to an individual to become a Member of the MLM UNION Community and will grant the
same in a timely manner solely based on the nature of the MLM UNION Community.
c. The Community Administrators shall remove ads, comments or
any Member on the MLM UNION Community if they are found to be irrelevant to the
MLM UNION Community, in any manner violating MLM UNION Terms or are hindering the
smooth functioning of the MLM UNION Community.
d. The Community Administrators shall define specific rules for
the Members of their MLM UNION Community and shall ensure that such rules are not
in conflict with the MLM UNION Terms.
Community Administrators agree and acknowledge that MLM UNION shall not be responsible
for any losses, damages or harm resulting from the action, inaction or any conduct
of the Community Administrator. MLM UNION shall have the right to remove a Community
Administrator in the event, in its sole opinion, the Community Administrator fails
to comply with its obligations, enforce community guidelines or any portion of the
MLM UNION Terms or acts in any manner detrimental to the MLM UNION Community.
Members have the right to leave a particular MLM UNION Community at any point of
time. Community Administrators shall have the right to, without prior notice, block
or remove any of the Members. Cause for such removal may include (i) violations
of MLM UNION Terms or any community specific term; (ii) discontinuance or material
modification to MLM UNION Communities or any part thereof; (iii) a request and/or
order from law enforcement, a judicial body, or other government agency;(iv) unexpected
technical issues or problems or participation in fraudulent or illegal activities
by such Member. Any such removal or suspension shall be made by the Community Administrator
in its sole discretion, and MLM UNION will not be responsible to any Member or any
third party for the action taken by the Community Administrator or any damages that
may result or arise out of such termination or suspension of access to any MLM UNION
Upon termination of your account all active ads posted by you on the MLM UNION Community
shall be removed from the MLM UNION Community and shall be transferred to MLM Union’s
If anyone brings a claim against MLM UNION arising out of any Member's actions,
content or information on any MLM UNION Community, such Member shall indemnify and
hold MLM UNION harmless from and against all damages, losses, and expenses of any
kind (including reasonable legal fees and costs) related to such claim. Although
MLM UNION provides rules for Member's conduct, MLM UNION does not control or direct
Member's actions on MLM UNION Communities and is not responsible for the content
or information Member's transmit or share on any MLM UNION Community.
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If you have any grievance with respect to the Website or the Service, you can contact
our grievance officer at:
Name : Arun K Aggarwal
Designation: Head-Customer Support and Content Quality