DESCRIPTION OF SERVICE AND CONTENT POLICY
Medical Hopes (MH) is the next generation of free online classifieds. We / MH act as an online marketplace platform that allow the users who comply with these Terms to offer, sell / donate, 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 Easypaisa & JazzCash, MH is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby accept and agree that MH is not a party to such transactions, has no control over any part 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.
You understand that MH 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 MH’s domain or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or comments, offerings, files, images, user posting, photos, videos, business listing, directory information or any other kind of material / information 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 indecent, offensive, inaccurate, misleading, or otherwise objectionable. You accept and agree that you are responsible for and must evaluate, and bear all risks related with, the use of any Content, that you may not rely on said Content, and that under no circumstances will MH be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the searching, using or reading any Content listed, e-mailed or otherwise made accessible via the Service. You accept and agree that MH permits such goods and services to be displayed and offered on the Website that conform with the terms stated herein, however MH does not pre-screen or approve any Content, but that MH 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 MH’s knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may have links to other third party websites (“Third Party Websites”), which are completely unrelated to MH. If you relate to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. MH makes no depiction 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 MH disclaims all liability thereto.
You acknowledge and agree that you are wholly responsible for your own Content posted on, conveyed through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are completely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, conveyed through, or linked from the Service by you, you confirm, acknowledge, represent, warrant and covenant that: i) you have developed the contents such as description and/or photographs in accordance with the instructions and guidance for placing an ad provided by MH on the website and that any copyrights therein belong to MH and, to any extent, should you be deemed to own any copyright you hereby assign any such copyright to MH. ii) you acknowledge that the information and/or photographs that you post on the Website is stored and compiled by MH in a proprietary database and that the uploaded information and/or pictures are modified by MH by applying a watermark of MH logo and in such derivate works also the copyright belongs to MH. iii) you shall continue to, for such time the Content is available on the Website, have the necessary authorizations, licenses, consents, and permissions to utilize such Content on the Service and Website (including without limitation all patent, trade secret ,trademark, copyright or other proprietary rights in and to any and all such Content) and wherever obligatory, in such cases where you have the right, hereby authorize and license MH to exclusively use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and iv) you have the written consent, announcement, 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, by submitting any Content on the Website, as aforesaid, wherever you retain any ownership rights in the Content, you hereby grant to MH an irrevocable, non-cancellable, perpetual, worldwide, exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and MH’s (and its successors’) business, including without limitation for the objective 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. Furthermore, by you posting Content to any public area of the Service, to the extent you retain any ownership of any rights, you agree to and do hereby grant to MH all exclusive 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 including the right to initiate legal action in accordance with the copyright and other laws of Pakistan. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you or MH remove or delete such Content from the Website.
MH does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and MH expressly disclaims any and all liability in connection with user Content. MH does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and MH 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. MH reserves the right to remove any Content without prior notice. MH may also terminate a user’s access to the Website, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, MH 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 breaches 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 MH 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 hurtful, 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, color, gender, race, sexual orientation, 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 MH 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 MH 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 MH;
- that advertises any illegal services or the sell/donate of any items the sell/donate of which is prohibited or restricted by applicable law, including without limitation items the sell/donate of which is forbidden 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 (ad) 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 files (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 MH or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or harms 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 MH’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 MH 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