Terms and conditions

Welcome to Marketplace.in
Marketplace.in is an online classified advertising website. Marketplace.in is owned by VDVI. These are our general terms and conditions regarding the use of Marketplace.in.

Acceptance of our Terms
The terms and conditions are the terms on which VDVI offers you access to the Services and the Website. By placing an advertisement and/or registering as a member of Marketplace.in you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using our Website and/or Services. These Terms may be updated from from time to time so please review the relevant pages regularly.

Posting an advertisement on Marketplace.in
Please note that any advertisements posted on Marketplace.in that do not respect the Terms will not be published and/or removed. The following list is not exhaustive and as such Marketplace.in reserves the right to remove any content without warning or notification. This type of withdrawal may also cause the suspension or revocation of site access.

The following are prohibited on the entire site and may result in your ad being deleted from the website and/or your account being de-activated:
- Posting of multiple ads whose content is identical or similar. You may only post a maximum of one ad for the same item
- Proposal of several goods or services in the same advert that are not related
- Publishing an ad that is too short or ambiguous. This could result in an ad being classified as spam
- Posting an ad whose purpose is regulated or prohibited by law
- Using the details (name, number, address, email, photos, etc) of someone else without their permission or providing false contact details
- Revealing elements of a private nature or violating the privacy of any person or company (including the publication of faces or signatures)
- Copying information posted by another user
- Publishing content that infringes physical or intellectual property rights
- Disturbing the activity of any other user
- Assuming the identity of Marketplace.in and/or its employees
- Publishing an advertisement in the wrong category or subcategory
- Children: Use of this site is prohibited to anyone under the age of 16
- Including a premium rate phone number in an advertisement
- Publishing ads with the purpose of advertising sites or services similar to Marketplace.in
- Promoting a website or advertising gifts, sweepstakes or other prizes
- Making remarks that are of any inappropriate nature (left to our discretion)
- Any ad containing a virus or other destructive agent that prevents the proper operation of this site or access to this site

Prohibited items and services
The following are prohibited to be advertised on Marketplace.in:
- Illegal and stolen goods, drugs or related materials
- Dangerous objects such as guns, pistols, gas, explosives or any item that is intended to cause purposeful harm (this list is not exhaustive)
- Blood products, body fluids, organs and other body products
- Drugs or medical supplies
- Furs and skins, turtle shells, fenders, wood (this list is not exhaustive)
- Insignia and uniform of police or other official insignia and uniforms
- Counterfeit goods, replicas, unauthorized copies
- Tobacco and Alcohol
- Pyramid schemes and multi-level marketing
- Adult jobs including hostess, adult webcam (this list is non exhaustive)
- Any job whose function is not clearly specified
- Adverts without a business name, salary or explicit and detailed description of the proposed job
- Exotic and endangered animals such as monkeys, parrots etc (this list is non exhaustive)
- The transfer or offer of dogs under eight weeks of age
- Requesting / offering financing or loans between individuals
- Castings (photos, videos) with an erotic or pornographic view
- Naked or sex related services
- Dating, Dating related services and dating sites
- Offering sensual, sexual or erotic massages
- Ads that are too short or ambiguous
- Ads that do not clearly specify the service offered (Escort or Massage)
- Ads that contain images of full nudity and sexual or suggestive positions

Use of the message system
The following content is prohibited to be included with specific reference to email messages sent using our email platform:
- Messages that are unrelated to the advert concerned
- Spamming and the sending of several identical messages
- Hate messages or those which are intended to insult
- Messages referring to illegal, racist, sectarian, pedophile practices (this list is not exhaustive)

Posting General Content on Marketplace.in
As a member of the Marketplace.in community you agree not to post, email, or otherwise make available content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms 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 impersonates any person or entity, including, but not limited to, a Marketplace.in employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- that includes personal or identifying information about another person without that person's explicit consent.
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
- that constitutes or contains any form of advertising or solicitation if posted in areas of the Marketplace.in site which are not designated for such purposes
- that constitutes or contains any form of advertising or solicitation if emailed to Marketplace.in users who have requested not to be contacted about other services, products or commercial interests.
- that includes links to commercial services or web sites, except as allowed in "services".
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by 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;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
- post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- post the same item or service in more than one classified category, or in more than one metropolitan area; or
- attempt to gain unauthorized access to Marketplace.in's computer systems 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 Marketplace.in website.

Exposure to Content
You understand that:
- All listings, messages, comments, files, images, photos, videos and all other materials ("Content") posted on, transmitted through, or linked from Marketplace.in, are the sole responsibility of the person from whom such Content originated.
- You are entirely responsible for all Content that you upload, email or otherwise make available via Marketplace.in.
- Marketplace.in does not control and is not responsible for Content made available through the website. You may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
- The Marketplace.in site and Content available through the website may contain links to other websites, which are completely unrelated to Marketplace.in. Marketplace.in makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such site. Linking to any other websites is entirely at your own risk.
- You must evaluate and bear all risks associated with the use of any Content.
- Under no circumstances will Marketplace.in be liable in any way for Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, emailed or otherwise made available via the Service.
- You acknowledge that Marketplace.in does not pre-screen or approve Content, but that Marketplace.in will have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the spirit of the site or the Terms or for any other reason.

Infringement
By using this website you acknowledge and agree that Marketplace.in may preserve or disclose your Content, as well as your information, if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to:
- Identify copyrighted work or other intellectual property that you claim has been infringed upon;
- Identify the content on the Marketplace.in site that you claim is infringing, with enough detail so that we may locate it on the website;
- Confirm a statement by you that content displayed is not authorised by the copyright owner, its agent, or the law;
- Confirm a statement by you declaring (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorised to act on behalf of that owner;

You may not infringe or try to infringe the privacy or rights of other Marketplace.in users. This includes you storing or trying to store personal data of other Marketplace.in users. Marketplace.in will remove any infringing listing(s).

If you believe that your work has been copied in a way that infringes copyright, or your intellectual property rights have been otherwise violated, please notify Marketplace.in immediately by contacting customer support.

No Spam Policy
You understand and agree that sending unsolicited email advertisements to Marketplace.in email addresses or through Marketplace.in computer systems is expressly prohibited and a violation of these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Limitations on Service
You acknowledge that Marketplace.in may establish limits concerning use of the Service, including:
- The maximum number of days that Content will be retained on the site
- The maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service
- The frequency with which you may access the Service.

You agree that Marketplace.in has no responsibility or liability for the deletion or failure to store of any Content maintained or transmitted by the Service.

You acknowledge that Marketplace.in reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Marketplace.in shall not be liable to you or to any third party for modification, suspension or discontinuance of the Service.

Termination of Service
You agree that Marketplace.in, both immediately and without notice, has the right to:
- Delete or deactivate your account
- Block your email or IP address
- Terminate your access to or use of the Service (or any part thereof)
- Remove and discard any Content within the Service that has violated the Terms

Further, you agree that Marketplace.in shall not be liable to you or any third-party for any termination of your access to the Service and that you will not attempt to use the Service after said termination.

Dealings with Organizations and Individuals
You agree that your interactions with organisations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals.

You agree that Marketplace.in shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Marketplace.in is under no obligation to become involved.

In the event that you have a dispute with one or more other users, you hereby release Marketplace.in, VDVI, its officers, employees, agents and successors in rights from 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.

Limitations of Liability
Under no circumstances shall Marketplace.in and VDVI be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Marketplace.in has been advised of the possibility of such damages), resulting from any aspect of your use of the Marketplace.in site or the service, whether the damages arise from use or misuse of the Marketplace.in site or the service, from inability to use the Marketplace.in site or the service, or the interruption, suspension, modification, alteration, or termination of the Marketplace.in site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Marketplace.in site or the service or any links on the Marketplace.in site, as well as by reason of any information or advice received through or advertised in connection with the Marketplace.in site or the service or any links on the Marketplace.in site. These limitations shall apply to the fullest extent permitted by law.

In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

Indemnity
You agree to indemnify and hold Marketplace.in, VDVI, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Privacy Policy
Click here to view Marketplace.in's privacy policy, which forms part of these terms and conditions.

Proprietary Rights
The Service is protected to the maximum extent permitted by copyright 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, and international conventions. Copying or reproducing the Website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited.

You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright 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.

Although Marketplace.in does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to VDVI and / or Marketplace.in an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

Disclaimer of Warranties
You agree that use of the Marketplace.in site and the service is entirely at your own risk. The Marketplace.in site and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Marketplace.in and / or VDVI disclaim any warranties for the security, reliability, timeliness, accuracy, and performance of the Marketplace.in site and the service. To the fullest extent permitted by law, Marketplace.in and / or VDVI disclaim any warranties for other services or goods received through or advertised on the Marketplace.in site or the sites or service, or accessed through any links on the Marketplace.in site. To the fullest extent permitted by law, Marketplace.in and / or VDVI disclaim any warranties for viruses or other harmful components in connection with the Marketplace.in site or the service.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

General Information
The Terms constitute the entire agreement between you and Marketplace.in and govern your use of the Service, superseding any prior agreements between you and Marketplace.in. These Terms and/or your use of the Site shall be governed by and construed in accordance with Dutch law and the Dutch Courts shall have exclusive jurisdiction over any dispute which may arise.

The failure of Marketplace.in 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, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by contacting Marketplace.in. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Marketplace.in liquidated damages as follows:
(a) If you post a message that:
- impersonates any person or entity;
- falsely states or otherwise misrepresents your affiliation with a person or entity; or
- that includes personal or identifying information about another person without that person's explicit consent, you agree that Marketplace.in in its sole discretion may disclose identifying information about you to the victim, and that should Marketplace.in bring a claim against you in court, that you will pay Marketplace.in one thousand euros (€1,000) for each such message.
(b) If Marketplace.in establishes 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 Marketplace.in one hundred euros (€100) for each message posted in excess of such limits or for each day on which you access Marketplace.in in excess of such limits, whichever is higher.
(c) If you send unsolicited email advertisements to Marketplace.in email addresses or through Marketplace.in computer systems, you agree to pay Marketplace.in twenty five euros (€25) for each such email. d. If you post messages in violation of these Terms of Use, other than as described above, you agree to pay Marketplace.in one hundred euros (€100) for each such message. In its sole discretion, Marketplace.in may elect to issue a warning before assessing damages. Otherwise, you agree to pay Marketplace.in's actual damages, to the extent such actual damages can be reasonably calculated.