Terms & Conditions
DESCRIPTION OF SERVICE AND CONTENT POLICY A. Mapleme 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, Mapleme 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 Mapleme 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.
B. You understand that Mapleme does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails outside Mapleme’s e-mail system 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 Mapleme be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that Mapleme does not pre-screen or approve any Content, but that Mapleme 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 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 Mapleme. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Mapleme 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 Mapleme disclaims all liability thereto.
C. 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, and warrant that: (i) you own or 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 Mapleme 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 the Content to Mapleme, you hereby grant to Mapleme an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Mapleme'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 Mapleme 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 Mapleme 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 remove or delete such Content from the Website.
D. Mapleme does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Mapleme expressly disclaims any and all liability in connection with user Content. Mapleme does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Mapleme may, at its sole discretion, remove any infringing Content if properly notified that such Content infringes on another's intellectual property rights. Mapleme reserves the right to remove any Content without prior notice. Mapleme may also terminate a user's access to the Website, if they are determined to be a repeat infringer. 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, Mapleme reserves the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libelous, or defamatory material, or excessive length. Mapleme may remove such Content and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
E. Mapleme 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, Mapleme 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 Mapleme at its discretion, and embed the video into your ad on Mapleme.
Featured Ads are subject to the Terms listed herein, as well as additional terms of service, which can be viewed here.
- 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 Mapleme all of the license rights granted herein.
- 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 or under contractual or fiduciary relationships.
- That depicts a discriminatory preference based sex, familial status or handicap, race, color, national origin, religion, (or violates any applicable state or local law prohibiting discrimination on the basis of aforementioned characteristics or any other characteristics); that is harmful, abusive, unlawful, threatening, harassing, defamatory, pornographic, libelous, invasive of another's privacy or other rights, or harms or could harm minors in any way.
- That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
- That violates any federal, state, or 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.
- That includes personal or identifying information about another person without that person's explicit consent.
- That impersonates any person or entity, including, but not limited to, an Mapleme employee, or falsely states or otherwise misrepresents an affiliation with a person or entity.
- That is false, deceptive, misleading, deceitful or constitutes "bait and switch" offer.
- That constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature
- 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 Mapleme users who have requested not to be contacted about other services, products or commercial interests.
- That includes links to commercial services or Third Party Websites, except as specifically allowed by Mapleme.
- 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 the applicable law.
- 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.
- 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; or
- 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:
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; or to "stalk" or otherwise harass anyone.
- Make any libelous or defamatory comments or postings to or against anyone.
- Collect personal data about other users or entities for commercial or unlawful purposes
- 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.
- 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.
- Post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas.
- Attempt to gain unauthorized access to computer systems owned or controlled by Mapleme 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.
- Use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of Mapleme'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.
- Use any automated device or software that enables the submission of automatic postings on Mapleme 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; or
Mapleme 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
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. Mapleme prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Mapleme In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service to in order to post Content on behalf of others, except with express written permission or license from Mapleme.
ACCESS TO THE SERVICE
Mapleme 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: (a) access to or use of the Service by Posting Agents; or (b) 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 Mapleme 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 (b). 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 noncommercial 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 (99) postings, your use will be considered to be in violation of these Terms, unless Mapleme 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 Mapleme, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. Mapleme 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. Mapleme permits you to display, excerpt from, and link to any such RSS feeds on your personal website or personal blow, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) 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, (c) you provide, in a conspicuous manner, proper attribution to 'Mapleme' as the source of the RSS feed, (d) your use or display of the RSS feed does not suggest that Mapleme promotes or endorses any third party causes, opinions, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden or otherwise slow the performance of Mapleme's systems. Mapleme 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 Mapleme.
NOTIFICATION OF CLAIMS OF INFRINGEMENTS If you as a copyright owner believe that any content on this Site infringes your copyrights, you may notify the concerned courts in Delhi under the regulations for Indian Copyright Act, 1957.
- An electronic or physical signature of the authorized signatory of the copyright owner, whose right has been infringed allegedly.
- Documentation that identifies the copyright work that is claimed as being infringed. In case of multiple content of one site, the copyright owner needs to submit a complete representative list under a single notification.
- The allegedly infringed material’s identification that can allow Mapleme to locate and remove the material in question.
- Your complete and accurate contact details including your address and phone number/s and an email address if any to enable Mapleme get in touch with you.
- A statement including your approval that the material in question ( the complaint material) is not used under the copyright owner’s authorization or by the permission of his/her agent or the applicable law.
- A statement saying that the details in the notification is correct and you are legally authorized to act as the copyright (which is allegedly infringed) owner’s agent on his/her behalf.
The Copyright Agent of Mapleme, eligible for receiving any notifications of the claimed infringement is - G-80 Preet Vihar, 2nd Floor, Delhi - 110092. Email ID: email@example.com
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Website, other than the user Content, including but not limited to the scripts, texts, software, graphics, videos, sounds, music, photos, other interactive features as well as the similar ("Materials") and the service marks, trademarks and logos enclosed therein ("Marks"), are either owned by Mapleme or licensed to it, and are subject to the Copyright regulations and other relevant intellectual property rights under the India laws and international conventions. 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 owners. Mapleme reserves all rights not expressly granted herein to the Website and the Materials. You agree to not conduct any act of using, copying, or distributing any Material/s, fully or partially other than the case when it is expressly permitted herein, including any activity under which you may use, copy or distribution of the Third Party Materials acquired through the Website for any commercial causes. 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 also agree not to interrupt, disable or circumvent or interfere with any features related with the Website security or the features concerned with preventing or restricting the usage or copying of any Materials or to impose limitations on use of the Website or its Materials. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. 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.
You agree and address the fact that you will come across a variety of Content from various other sources while using Mapleme. However, the website does not hold any responsibility for the safety, accuracy, usefulness or the intellectual property rights related to any such Content. Hence you understand that you are yourself liable for using any such information at your own risk. You further acknowledge that you may also be exposed to any Content that is offensive, inaccurate, objectionable, libelous, defamatory or indecent and you exempt Mapleme of any liability and hereby waive any legal rights or remedies you may hold against Mapleme.
INDEMNITY You agree to defend, indemnify and hold harmless Mapleme, 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 You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Mapleme email addresses or through Mapleme computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time Mapleme 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 a user and another in the Mapleme 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 Mapleme computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS You acknowledge and agree that Mapleme 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 Mapleme 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 Mapleme 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 Mapleme, 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 You acknowledge and agree that Mapleme 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 Mapleme 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 Mapleme reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Mapleme 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 Mapleme, 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 Mapleme believes that you have violated these Terms. Further, you agree that Mapleme 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 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 COMPLETE EXTENT AS PERMITTED BY THE LAW. MAPLE.COM, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS DISCLAIM ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, RELATED TO THE WEBSITE AND YOUR USE THEREOF. MAPLEME DOES NOT UNDERTAKE ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT THE CORRECTNESS OR COMPLETENESS OF THE CONTENT ON WEBSITE OR ANY CONTENT ON THE THIRD PARTY WEBSITES, LINKED TO MAPLEME AND HOLDS NO LIABILITY FOR ANY (I) INACCURACIES, ERRORS OR MISTAKES OF CONTENT, (II) DAMAGE TO SELF OR PROPERTY OF ANY KIND WHATSOEVER IT IS, ARISING FROM YOUR ACCESS TO AND USE OF THE MAPLEME WEBSITE AND ITS SERVICE, (III) ANY UNAUTHORIZED USE OR ACCESS TO OUR SERVERS AND/OR FINANCIAL INFORMATION /OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR PAUSE OF TRANSMISSION OR COMMUNICATION TO OR FROM THE WEBSITE, (IV) ANY VIRUSES, TROJAN HORSES, BUGS ETC., WHICH MAY BE TRANSFERRED TO OR TRANSMITTED THROUGH THE WEBSITE VIA THIRD PARTY OR (V) ANY OMISSIONS OR MISTAKES IN THE CONTENT OR FOR ANY DAMAGE OR LOSS/ES OF ANY NATURE RESULTING FROM THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE COMMINICATED VIA THE WEBSITE OR ITS SERVICES. MAPLEME DOES NOT ENDORSE, GUARANTEE, WARRANT OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED OR ADVERTISED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE THAT IS HYPERLINKED FROM HERE OR FEATURED IN ANY OF ITS BANNER/S OR OTHER ADVERTISING MATERIAL/S, AND MAPLEME WILL NOT BE IN ANY WAY RESPONSIBLE FOR SUPERVISING ANY TRANSACTION BETWEEN YOU AND OTHER USERS OR THE THIRD-PARTY MERCHANTS/ SERVICE PROVIDERS OR THEIR PRODUCTS AND/OR SERVICES. YOU SHOULD ALWAYS USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHILE PURCHASING ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM WHATEVER IT MAY BE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL Mapleme, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Mapleme 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 MAPLEME SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU EXPRESSELY AGREE AND ACKNOWLEDGE THAT MAPLEME WILL NOT BE HELD LIABLE FOR ANY ACTIVITY RELATEDTO USER/S OR THIRD PARTIES INCLUDING OFFENSIVE, DEFAMATORY, ILLEGAL CONTENT OR CONDUCT. ANY DAMAGE, HARM OR RISK ARISING OUT OF ANY SUCH ACTIVITY RESTS COMPLETELY WITH YOU. THE Site is managed and controlled by Mapleme from its services in India. Mapleme does not warrant or represents the appropriateness of the website’s use in any other location. Users accessing the Website from other jurisdictions are self-liable for their actions and must comply with the local law/s applicable in their locality.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mapleme without restriction. Any assignment or transfer by you shall be null and void.
ABILITY TO ACCEPT TERMS OF SERVICE Since this Website is meant only for the adults, you must be above 18 years of age to use it. A minor along with a legal guardian or parents may be permitted to access the site only if he/she is considered as competent to enter into the Terms & Conditions, Affirmations, Obligations, Warranties and Representations set in the Terms herein. You agree and confirm that you are not less than 13 years of age as children below this age are not allowed to access the website.
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.
These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and Mapleme 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 Mapleme shall be governed by the applicable laws without regard to its conflict of law principles. You and Mapleme agree to submit to the personal and exclusive jurisdiction of the courts located within India. The failure of Mapleme 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 endeavor 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 ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT Mapleme MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER THE INDIAN 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
Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the Mapleme homepage at www.Mapleme.com. Any failure to act by Mapleme 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 Mapleme the following as liquidated damages (and not a penalty):
a. If Mapleme 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 Mapleme amount specified by the governing law for (i) each message posted in excess of such limits or (ii) for each day on which you access Mapleme in excess of such limits, whichever is higher.
b. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree that Mapleme in its sole discretion may disclose identifying information about you to the victim, and that should Mapleme bring a claim against you in court, that you will pay Mapleme the amount specified by the applicable laws or exclusive jurisdiction for each such message.
c. If you are a Posting Agent that uses the Service in violation of these Terms, in addition to any liquidated damages that you agree to pay Mapleme the amount specified by the applicable Laws in India for each and every item you post in violation of these Terms.
d. If you use Mapleme e-mail addresses or computer systems to send unsolicited e-mail advertisements to Mapleme e-mail addresses or any other party, you agree to pay Mapleme the amount specified by the applicable Laws in India for each such e-mail.
e. If you post messages in violation of these Terms, other than as described above, you agree to pay Mapleme the amount specified by the concerned Laws in India for each such message.
f. 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 Mapleme's express written permission, you agree to pay Mapleme the specified amount as directed by the exclusive jurisdiction under the applicable law and courts of Delhi.
If none of the foregoing clauses (a) – (f) are applicable, you agree to pay Mapleme’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Mapleme 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.
This Agreement is governed and controlled by the laws of India and you agree that the courts of Delhi will exercise exclusive jurisdiction over any dispute or disagreement relating to these terms and the Site.
B. 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, we may also collect personal information that you provide such as your name, mailing address, email address, home country, and zip code (“Registration Information”). You have the option of also providing to us your phone and fax numbers, gender, age, and/or company name if you choose to register with Mapleme. If you provide your phone number, it will be displayed in your posting. 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. 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 Mapleme.
D. Third Parties
http://www.google.com/privacy_ads.html. You 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 Mapleme is not be liable for the information published in search results or by any Third-Party Website that carries Mapleme postings.
F. 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.
G. Accessing and Modifying Personal Information and Communication Preferences 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, we may send you certain notifications, advertisements, promotions, and specials. 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 postings. We will not change your preferences without your consent. You cannot opt out of receiving transactional communications from Mapleme related to your account.
I. Notification of Changes
J. Disputes 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.