Please read the terms of service very carefully as this indicate your understanding and acceptance of these terms. If you do not agree, then you will not be able to use this platform.
DESCRIPTION OF SERVICE AND CONTENT POLICY:
- WELLAPANTI is the next generation of talent 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 Platform. Although you may be able to conduct payment and other transactions through the Platform, using third-party vendors such WELLAPANTI 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 WELLAPANTI 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 Platform at your own risk.
- You understand that WELLAPANTI 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 WELLAPANTI’s domain or other means of electronic communication, whether through the Platform 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 Platform and the Service (“Content“), and that by using the Platform 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 WELLAPANTI 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 WELLAPANTI cannot and does not pre-screen or approve any Content, but that WELLAPANTI 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 WELLAPANTI’s knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third party websites (“Third Party Websites“), which are completely unrelated to WELLAPANTI. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. WELLAPANTI 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 WELLAPANTI disclaims all liability thereto.
- 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 Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize WELLAPANTI to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform 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 Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to WELLAPANTI 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 Platform and WELLAPANTI’s (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Platform 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 WELLAPANTI 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 WELLAPANTI all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, WELLAPANTI may offer the facility of automatically capturing of the “Description” of your ad based on the images uploaded by you. WELLAPANTI makes no warranty the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your ad is live. You also hereby grant each user of the Platform (a) a non-exclusive license to access your Content through the Platform; and (b) the right to contact you with regard to the Content posted by you through private chat or any other means. The foregoing license to each user granted by you terminates once you or WELLAPANTI remove or delete such Content from the Platform. Further, you grant WELLAPANTI the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
- WELLAPANTI does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and WELLAPANTI expressly disclaims any and all liability in connection with user Content. WELLAPANTI does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and WELLAPANTI 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. WELLAPANTI reserves the right to remove any Content without prior notice. WELLAPANTI may also terminate a user’s access to the Platform, 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 Platform more than twice. Further, at its sole discretion, WELLAPANTI reserves the right to decide whether any Content is appropriate and complies with these Terms.
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:
- that violates any law or regulation;
- that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party other intellectual property or 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 WELLAPANTI 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, regulation, contractual or fiduciary relationship(s);
- that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
- 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;
- 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.
- 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 WELLAPANTI employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch” offer;
- that constitutes or contains “network marketing”, “multi-level marketing”, “Ponzi and 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 WELLAPANTI 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 WELLAPANTI;
- 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 of local jurisdiction;
- 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 resource;
- 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, 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;
- 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 WELLAPANTI 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 WELLAPANTI’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 WELLAPANTI 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
WELLAPANTI 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 here under 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. WELLAPANTI prohibits the use of Posting Agents, directly or indirectly, without the express written permission of WELLAPANTI. 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 WELLAPANTI.
LICENSE TO ACCESS SERVICE
WELLAPANTI 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, reproduction, 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 WELLAPANTI 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 Upcoming Events, 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). You are also permitted to create a hyperlink to the home page of the Website so long as the link does not portray WELLAPANTI, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to WELLAPANTI email addresses or through WELLAPANTI computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time WELLAPANTI 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 WELLAPANTI 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 WELLAPANTI 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 liabilities and penalties.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
WELLAPANTI is not liable for any infringement of copyright or other intellectual property rights, arising out of materials posted on or transmitted through the site, or event 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 authorized 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 authorized to act, you may submit a notification to WELLAPANTI together with a request to WELLAPANTI to delete the relevant Content in good faith. The notification and the request must contain the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the Content (by means of data or communication link, AD ID, etc.) 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 and information reasonably sufficient to permit WELLAPANTI to locate the material;
- information reasonably sufficient to permit WELLAPANTI to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual right-owner, its agent, or the law;
- a signed statement that the intellectual property-owner hold WELLAPANTI harmless from any claim of any third party in connection with the removing by WELLAPANTI of the relevant content; and
- signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Type of Information Collected:When you visit the Platform, 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 Platform, we may also collect personal information that you provide such as your name, mailing address, email address, phone/mobile number, home country, zip code, and certain other information in event you log in via Facebook depending on your privacy settings including but not limited to your name, email address, profile picture, list of friends, education etc. (“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 WELLAPANTI. If you provide your phone number, it may 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 Platform. 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 payment gateway for purchases, and other third party companies to monitor site traffic, which may, in some instances, store your information (see Section xxi(D) below). By using this Platform 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 WELLAPANTI.By using this Platform, you consent to sharing your geolocation data in order to publish information/advertisements of advertisements offered by users close to your location and vice-versa.
- Protecting Your Personal InformationYou 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. 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 Platform 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.
- Accessing and Modifying Personal Information and Communication PreferencesYou 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 Platform. If you register or respond to advertisements or posts on the Platform or post any content on the Platform, we may send you certain notifications, advertisements, promotions, surveys, text messages, specials and phone calls in relation to the Services.. 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 Platform. 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 Platform, 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 WELLAPANTI related to your account.
- DisputesAny 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.