day of October, 2015.
- Acceptance of Terms
and the mobile application 247around
The Website and the app are currently owned and operated by Blackmelon Advanced Technologies India Private Limited.
THE USER SPECIFICALLY AGREE THAT BY USING THE WEBSITE AND/OR THE APP, the user SHOULD BE AT LEAST 18 YEARS OF AGE AND THE USER SHOULD BE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
- Membership and Accessibility
- LICENSE TO ACCESS
- MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website and/or the app is available only to individuals whoare at least 18 years old and can form legally binding contracts under applicable law. The user represents, acknowledges and agrees that the user r should be at least 18 years of age, and that: (a) all registration information/details/data that the user submits is truthful and accurate, (b) the user will maintain the accuracy of such information/detail/data, and (c) user’s use of the Website and/or the app and Services offered through this Website and/or the app does not violate at any applicable law or regulation of the country. User’s Account (defined below) may be terminated without warning at the discretion of the Blackmelon, believe that the user should be under the age of 18 or that the user should be not complying with any applicable laws, rules or regulations.
The user need not register with Blackmelon to simply visit and view the Website and/or the app, the user can follow the Blackmelon verification process of verifying your phone number to visit the app. But to access and participate in certain features of the Website and/or the app, the user will need to create a password-protected account ("Account"). To create an account, the user must submit their name and email address through the account registration page on the Website and create a password and user’s name, phone number and email address through the account registration page on the app and create a password. The user will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Blackmelon in providing the user with a more customized experience when using the Website and/or the app. The user may also register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password").
The user should be solely responsible for safeguarding the Blackmelon password and, if applicable, the Third-Party Site Password (collectively, "Passwords") at all times and shall keep the Passwords secure at all times. The user shall be solely responsible for all activity that occurs on your Account and the user shall notify Blackmelon immediately of any breach of security or any unauthorized use of your Account. Similarly, the user shall never use other's Account without Blackmelon’s permission. The user agree that the user will not misrepresent as another user of the Website and/or the app and/or the Services offered through the Website and/or the app.
The user hereby expressly acknowledges and agrees that the user and not the Blackmelon will be liable for any losses, damages, etc. (whether direct or indirect) caused by an unauthorized use of Account. Notwithstanding the foregoing, the user may be liable for the losses of Blackmelon or others due to such unauthorized use.
An Account holder is sometimes referred to herein as a "Registered User."
The user acknowledges and agrees that the user shall comply with the following policies (the "Account Policies"):
The user will not copy or distribute any part of the Website and/or the app in any medium without Blackmelon's prior written authorization. The user will not alter or modify any part of the Website and/or the app other than as may be reasonably necessary to use the Website and/or the app for its intended purpose. The user will provide true, accurate, current and complete information/details when creating the Account and the user shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete. The user shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website and/or the app for any purpose without Blackmelon's prior written approval. The user shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website and/or the app information or content, including but not limited to, use on a "mirrored", competitive, or third party site. The user shall not in any way transmits more request messages to the Blackmelon servers, or any server of a Blackmelon subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser or app interface
; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. The Blackmelon reserves the right to revoke these exceptions either generally or in specific cases.The user shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with the Blackmelon without express written permission from the Blackmelon. The user shall not take any action that (i) unreasonably encumbers or, in the Blackmelon's sole discretion, may unreasonably encumber the Website's and/or the app’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website and/or the app or any third-party participation in the Website and/or the app; or (iii) bypasses the Blackmelon's measures that are used to prevent or restrict access to the Website and/or the app. The user agrees not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website and/or the app, nor to use the communication systems provided by the Website and/or the app for any commercial solicitation purposes.
- ADDITIONAL POLICIES
- Member Conduct
- PROHIBITIONS ON SUBMITTED CONTENT
- PROHIBITIONS ON SENDING MESSAGES
The user will not send messages to other users containing:
offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or un solicited advertising or marketing of a service not offered on the Website or an external website and/or the app.
- NO DISCRIMINATION
- Discriminatory Postings. Indian laws prohibits any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class or classes. The Blackmelon will not knowingly or unknowingly accepts any Posting/postings which is in violation of the law. The Blackmelon has the right, in its sole discretion and without prior notice to the user; to immediately remove any posting that discriminates or is any way in violation of any law.
- PROHIBITIONS WITH RESPECT TO SERVICES
While using the Website and/or the app, the user shall not:
As a participant in the Website and/or as a user of the app, the user agree to use careful, prudent, and good judgment when leaving Feedback for another user or service professional. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
- Sanctions for Inappropriate Use of Feedback. If the user violate any of the above-referenced rules in connection with leaving Feedback, the Blackmelon, in its sole discretion, may take any of the following actions: (i) cancel the user’s Feedback or any of the Postings; (ii) limit user’s Account privileges; (iii) suspend user’s Account; and/or (iv) decrease the user status earned via the Feedback page.
- Reporting Inappropriate Use of Feedback. the user may contact the Blackmelon regarding any inappropriate use of Feedback via-email at firstname.lastname@example.org.
- Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, the Blackmelon shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE AND/OR THE APP CONCERNING FEEDBACK, THE BLACKMELON HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS FIT, REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. The Blackmelon reserves the right to (a) terminate user’s access to your Account, ability to post to this Website (or the Services) and/or the app and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that the Blackmelon determines is inappropriate or disruptive to this Website and/or the app or to any other user of this Website and/or the app and/or Services. The Blackmelon reserves the right to restrict the number of e-mails or other messages that the user should be allowed to send to other users to a number that the Blackmelon deems appropriate at the Blackmelon's sole discretion. The Blackmelon may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Blackmelon's discretion, the Blackmelon will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet and/or the app. Blackmelon does not and cannot review every Posting posted to the Website and/or the app. These prohibitions do not require the Blackmelon to monitor, police or remove any Postings or other information submitted by the user or any other user.
- Rules for Service Professionals
- PROFILES AND OFFERS MUST NOT BE FRAUDULENT
- PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT BLACKMELON FEES
(a) offer a catalog or a link to a third-party website from which Service Users or any Registered User or user of the Website may obtain the Service directly;
(b) exceed multiple Posting limits;
(c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service;
(e) offer the opportunity through the Blackmelon to purchase the Service or any other service outside of the Blackmelon;
(f) use their Profile page or user name to promote services not offered on or through the Website and/or the app and/or prohibited services.
In case we realize that any professional is involved in any of the above activities, the Blackmelon holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.
- PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE AND/OR THE APP USERS
- SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS
If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, the Blackmelon, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional's Account privileges; (c) suspend the Service Professional's Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional's status earned via the Feedback page.
- Rules for Service Users
- SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying;
(b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with the user’s use of or payment for the Service;
(c) agree to purchase a Service when the user do not meet the Service Professional's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or
(d) misuse any options made available now or in the future by the Blackmelon in connection with the use or purchase of any Service.
- SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with the Posting, the Blackmelon, in its sole discretion, may take any of the following actions:
(a) cancel the Posting;
(b) limit the Service User's Account privileges;
(c) suspend the Service User's Account; and/or
(d) decrease the Service User's status earned via the Feedback page.
- Use of Submitted Content
- NO CONFIDENTIALITY
The Website may now or in the future permit the submission of videos or other communications submitted by the user and other users, including without limitation, Profile, Offer, Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. The user understand that whether or not such Submitted Content is published, the Blackmelon does not guarantee any confidentiality with respect to any Submitted Content.
The user agrees that any Submitted Content/s provided by the user for which the user authorize to be searchable by Registered Users who have access to the Website and/or the app is provided on a non-proprietary and non-confidential basis. The user agree that the Blackmelon shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
The user should be aware that any information provided by them in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under the law with their client (i.e. a doctor or a lawyer, etc) is not extended to the Blackmelon.
The Blackmelon may also disclose user information including personal information if the Blackmelon reasonably believes that disclosure :
(i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate the Blackmelon’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
- YOUR REPRESENTATIONS AND WARRANTIES
- YOUR OWNERSHIP RIGHTS AND LICENSE TO BLACKMELON
The user acknowledges and understands that the technical processing and transmission of the Website and/or the app, including Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The user may remove their Submitted Content from the Website and/or the app at any time. If the user chooses to remove their Submitted Contents, the license granted above will automatically expire.
- BLACKMELON'S DISCLAIMERS AND RIGHT TO REMOVE
- The user acknowledges and understands that when using the Website and/or the app, the user will be exposed to Submitted Content from a variety of sources, and that the Blackmelon is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. The user further acknowledge and understand that the user may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and the user agree to waive, and hereby do waive, any legal or equitable rights or remedies the user have or may have against the Blackmelon with respect thereto, and agree to indemnify and hold the Blackmelon, its promoters, owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website and/or the app.
- The user should be solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that the user publish or display on or through the Website and/or the app, or transmit to other Website and/or the app users. The user understands and agrees that the Blackmelon may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website and/or the app users or others.
If the user sends or transmit any communications, comments, questions, suggestions, or related materials to the Blackmelon, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website and/or the app, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. The user hereby assigns all right, title, and interest in, and the Blackmelon is free to use, without any attribution or compensation, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such suggestions. The user understands and agrees that the Blackmelon is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the suggestions, and the user have no right to compel such use, display, reproduction, or distribution or seek recognition if the suggestions are in fact implemented.
- Copyright Infringement Take Down Procedure
The Blackmelon has high regard for Intellectual Property Rights and expects the same level of standard to be employed by its users. The Blackmelon may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website and/or the app of users who infringe upon the intellectual property rights of others.
If the user believes that the work has been copied and posted on the Website and/or the app in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at email@example.com
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website and/or the app, and information reasonably sufficient to permit the Blackmelon to locate the material.;
(iii) a written statement that the user have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
(iv) information reasonably sufficient to permit the Blackmelon to contact the user as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the user may be contacted;
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi) a statement by the user, made under penalty of perjury, that the information in the report is accurate and that the user should be the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by the user comprised of the foregoing points is referred to herein as the "Notice."
- Modifications to or Termination of Website or the app
- MODIFICATION OR CESSATION OF WEBSITE/APP
The Blackmelon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and/or the app (or any part thereof) with or without notice and in its sole discretion. The user agrees that the Blackmelon shall not be liable to the user or to any third party for any modification, suspension or discontinuance of the Blackmelon services.
- TERMINATION BY BLACKMELON
- TERMINATION BY USER
- EFFECT OF TERMINATION
Unless the Blackmelon has previously cancelled or terminated the use of the Website and/or the app (in which case subsequent notice by the Blackmelon shall not be required), if the user provided a valid email address during registration, the Blackmelon will notify the user via email of any such termination or cancellation, which shall be effective immediately upon the Blackmelon's delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to the user hereunder will immediately terminate; and the user shall promptly destroy all copies of the Blackmelon information/details/data (as defined below), Marks (as defined below) and other content in your possession or control. The user further acknowledge and agree that the Blackmelon shall not be liable to the user or any third party for any termination of the access to the Website and/or the app. Upon Termination of Service, the Blackmelon retains the right to use any data collected from the use of the Website and/or the app for internal analysis and archival purposes, and all related licenses the user have granted Blackmelon hereunder shall remain in effect for the foregoing purpose. In no event is the Blackmelon obligated to return any Submitted Content to you. Sections K, L, M, N, O, Q, R, S, T, U, V, W, and X, shall survive expiration or termination of the Website and/or the app or your Account.
The user agrees to indemnify and hold the Blackmelon, and its officers, managers, members, affiliates, successor, assigns, directors, promoters, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
- Intellectual Property Rights
- BLACKMELON OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE AND/OR THE APP
The contents on the Website and/or the app (exclusive of all submitted contents), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by the Blackmelon. Other trademarks, names and logos on this Website and/or the app are the property of their respective owners.
Information/Details/Data on the Website and/or the app is provided to the user AS IS for the 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. The Blackmelon reserves all rights not expressly granted in and to the Website and/or the app and the Data. The user agrees not to use, copy, or distribute, any of the information/details/data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website and/or the app for any commercial purposes. If the user downloads or print a copy of the information/detail/data for personal use, the user must retain all copyright and other proprietary notices contained thereon. The user agrees not to circumvent, disable or otherwise interfere with security features of the Website and/or the app or features that prevent or restrict use or copying of any information/details/data or enforce limitations on use of the Website and/or the app or the information/details/data therein.
- BLACKMELON'S LICENSE TO THE USER FOR THE USE OF INFORMATION/DETAILS/DATA AND MARKS
The Website and/or the app may also contain Data of other users or licensors, which the user shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
- Blackmelon Fees
- FEES INCURRED BY SERVICE PROFESSIONALS
Joining the Blackmelon, opening an Account, posting services and viewing posted services is currently free. The Blackmelon reserves the right at its sole discretion to charge fees to service professionals for other services that the Blackmelon may provide, including but not limited to fees for contacting service users, responding to job leads generated by the Blackmelon, or conducting transactions with Service Users through the Blackmelon.
The Blackmelon offers premium services to service professionals for a fee and may in the future offer additional services, like tax preparation and bookkeeping that service professionals can also choose to purchase. The Blackmelon reserves the right to charge fees for these services at its sole discretion.
- FEES INCURRED BY SERVICE USERS
Joining the Blackmelon, opening an Account, viewing posted Services, and bidding on posted Services are free. The Blackmelon currently does not charge Service Users for transactions completed on the Website between Service Users and Services Professionals. However, the Blackmelon reserves the right to charge a fee to Service Users in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after the Blackmelon has provided the user with thirty (30) day’s notice by posting the changes on the Website and/or the app.
The user understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Provider Professional who choose to enter into an Agreement for Services. Because state and local tax laws vary significantly by locality, the user understand and agree that the user would be solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, the user understand that the Blackmelon shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Provider Professional.
- REFUND POLICY
All sales on the Blackmelon are final and non-refundable.
- Negotiation of Terms of Service; Disputes Between Registered Users
- NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE
As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, the Blackmelon provides a general framework for negotiating the terms of Service (e.g., rate) ("Negotiation Worksheet"). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet.
The user should not rely on the any information or resources contained on the Website and/or the app, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. Blackmelon makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Websites and/or the app, including, without limitation, the Negotiation Worksheet. In no way will Blackmelon be responsible for any actions taken or not taken based on the information or resources provided on this Websiteand/or the app. If the user have a situation that requires professional advice, the user should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website and/or the app, however provided.
- BLACKMELON IS NOT A PARTY TO ANY SERVICE CONTRACT
Each Registered User hereby acknowledges and agrees that the Blackmelon is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between the Registered Users in connection with any Service offered, directly or indirectly, through the Website and/or the app. Each Registered User acknowledges, agrees and understands that the Blackmelon only seeks to provide a platform wherein the Service User and Service Provider Professional can be brought together and the Blackmelon itself has not role in the execution or provision of Services.
- NO AGENCY OR PARTNERSHIP
- DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website and/or the app, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between the user and such individual or organization. The user should take reasonable precautions and make whatever investigation or inquiries the user deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service provider professionals and Service Users.
The user understand that deciding whether to use the Services of a Service Provider Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is the user’s personal decision for which alone are responsible. The user understands that the Blackmelon does not warrant and cannot make representations as to the suitability of any individual the user may decide to interact with on or through the Website and/or the app and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While the Blackmelon may attempt to seek information about the background of a Service Provider Professional, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalised website, LinkedIn, Twitter etc., the user understand that Service Provider Professionals may register themselves suo moto. the user also understands that any so called background check undertaken by the Blackmelon is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that the Blackmelon only seeks to provide a platform wherein Service Users and Service Provider Professionals have an opportunity to meet each other.
NOTWITHSTANDING THE FOREGOING, the user AGREE THAT SINCE the BLACKMELON only seeks to provide a platform wherein the Service User and Service Provider Professional can be brought together and the Blackmelon itself has not role in the execution or provision of Services ITSELF, THE BLACKMELON SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE AND/OR THE APP, OR BETWEEN REGISTERED USERS OR ANY WEBSITE AND/OR THE APP USER AND ANY THIRD PARTY, THE USER ACKNOWLEDGE AND AGREE THAT THE BLACKMELON IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN THE USER AND ONE OR MORE WEBSITE AND/OR THE APP USERS, REGISTERED USERS OR ANY THIRD PARTY, THE USER HEREBY RELEASE THE BLACKMELON, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE AND/OR THE APP OR ANY SERVICE PROVIDED THEREUNDER.
- Dispute Resolution
. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- GOVERNING LAW
Aspects of the Website and/or the app and other the Blackmelon services may be supported by advertising revenue. As such, the Blackmelon may display advertisements and promotions on the service. The manner, mode and extent of advertising by the Blackmelon on the Website and/or the app are subject to change and the appearance of advertisements on the Website and/or the app does not necessarily imply endorsement by the Blackmelon of any advertised products or services. The user agree that the Blackmelon shall not be responsible or liable for any loss or damage of any sort incurred by the user as a result of any such dealings or as the result of the presence of such advertisers on the Website and/or the app.
- Third-party Links, Contact Forms and Phone Numbers
- Disclaimer of Warranties
THE USERS AGREE THAT THE USE OF THE WEBSITE AND/OR THE APP SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND THE BLACKMELON AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, PROMOTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDER PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE AND/OR THE APP, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE AND/OR THE APP, ANY INFORMATION/DETAILS/DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE AND/OR THE AROUND APP, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR THE APP OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND/OR THE APP, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE AND/OR THE APP, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE AND/OR THE APPIS PROVIDED TO THE USER ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE BLACKMELON DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE AND/OR THE APP OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE AND/OR THE APPBY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER PROFESSIONAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE AND/OR THE APP OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND/OR THE APP. THE BLACKMELON DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE AND/OR THE APP OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. THE BLACKMELON WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROVIDER PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCTS OR SERVICES, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Limitations of Liability
- IN NO EVENT SHALL THE BLACKMELON, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, PROMOTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDER PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY : (I) ACCESS TO OR USE OF THE WEBSITE AND/OR THE APPOR ANY SERVICES OFFERED BY ANY SERVICE PROVIDER PROFESSIONALS VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE AND/OR THE APP, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE AND/OR THE APPIS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE AND/OR THE APPOR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE AND/OR THE APPBY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITEAND/OR THE APP; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE AND/OR THE APPOR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE AND/OR THE APP; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE AND/OR THE APPOR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE AND/OR THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE BLACKMELON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF THE BLACKMELON, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE AND/OR THE APP, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO BLACKMELON BY THE USER HEREUNDER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE BLACKMELON SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER PROFESSIONAL AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE USER FURTHER ACKNOWLEDGES AND AGREES THAT THE BLACKMELON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE AND/OR THE APPUSERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE AND/OR THE APP.
- FORCE MAJEURE
- Indemnification and Release
IF THE USER HAVE A DISPUTE WITH ONE OR MORE WEBSITE AND/OR THE APPUSERS, THE USER FOREVER RELEASE THE BLACKMELON (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, PROMOTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE AND/OR THE APP AND/OR ANY SUBMITTED CONTENT.
- No Third-party Beneficiaries
- General Information
- STATUTE OF LIMITATIONS
The user agrees that any cause of action arising out of or related to the Website and/or the app must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- SECTION HEADINGS
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