Terms & Conditions

This website is owned and operated by MelpApp Inc., Having its registered office at MelpApp Inc., 1600 broadway, new york city, new york. By using our MelpApp services, you are agreeing to be bound by our terms and conditions.

By visiting our website and accessing the information, services, and products we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'user agreement'), along with the terms and conditions as stated in our privacy policy.

We reserve the right to change this user agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this user agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Agreement to Terms

These terms of use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("user") and MelpApp Inc., Doing business as MelpApp ("MelpApp ", "we", "us", or "our"), concerning your access to and use of the https://www.melp.us/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "site"). We are registered in new jersey and have our registered office at MelpApp Inc., 1600 broadway, new york city, new york and corporate office at MelpApp Inc., 400 alexander park, suite 103 princeton, nj08540. You agree that by accessing the site, you have read, understood, and agree to be bound by all of these terms of use.

If you do not agree with all of these terms of use, then you are expressly prohibited from using the site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms of use from time to time. We will alert you about any changes by updating the "last updated" date of these terms of use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable terms every time you use our site so that you understand which terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms of use by your continued use of the site after the date such revised terms of use are posted.

The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The users shall provide their financial data and details only after agreeing with the terms of use.

The site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the site.

Intellectual Property Rights

Unless otherwise indicated, the site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the "content") and the trademarks, service marks, and logos contained therein (the "marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the united states, international copyright laws, and international conventions. The content and the marks are provided on the site "as is" for your information and personal use only. Except as expressly provided in these terms of use, no part of the site and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the site, you are granted a limited license to access and use the site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the site, the content and the marks.

User Representations

By using the site, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete;
• You will maintain the accuracy of such information and promptly update such registration information as necessary;
• You have the legal capacity and you agree to comply with these terms of use;
• You are not a minor in the jurisdiction in which you reside;
• You will not access the site through automated or non-human means, whether through a bot, script or otherwise;
• You will not use the site for any illegal or unauthorized purpose; and
• Your use of the site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof).

User Registration

Users will be able to register on the platform by providing a valid email address and choosing a password. Users can also register and open an account through their google and microsoft account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MelpApp of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without MelpApp' prior authorisation. MelpApp will not be liable for any loss or damage arising from your breach of this agreement.

Users can cancel their accounts at any time and for any reason through the user's account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to MelpApp.

MelpApp reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if MelpApp believes that you have violated any of these terms, provided MelpApp with false or misleading information, or interfered with any other party's use of the platform or service.

Users may share information through their profile with other users. Any information that users provide and share through the platform is the sole responsibility of the users themselves. Users are free to provide and share information, but are responsible for the use of such information, its publication and disclosure. MelpApp is not responsible for the information provided and shared by users through the platform.

Fees & Payment

We accept the following forms of payment. By using the services, you also accept the third-party terms and conditions mentioned on their individual sites.

• Credit/debit card (visa, master, discover, amex, diners, etc.)

Payments will be processed through our payment processor stripe. Payment of the subscription fee will be automatically charged to your credit/debit card on each corresponding billing date and according to the invoice issued and sent by booklet. Once the payment for the corresponding subscription fee has been processed, we will send an electronic receipt to the user's email address.

If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the buyer service of the relevant payment platform.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, avs (address verification system) mismatch or you have entered an incorrect security code.

If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.

Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the subscriptions. MelpApp reserves the right to engage any payment platform available on the market, which processes your data for the sole purpose of processing the purchase of the subscriptions.

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the site. Gst and other applicable taxes will be added to the price of purchases as deemed required by us. We may change prices at any time.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the site.

Before making any payment, kindly go through stripe's terms of use and privacy policy here at https://stripe.com/en-in/privacy.

Subscription

MelpApp offers its services and use of the platform through subscriptions. Users will be able to access a free trial of our subscriptions before upgrading to a paid subscription. The user will be able to cancel the free period at any time before upgrading to a paid subscription. Once the trial period is over, the user will be automatically upgraded to a paid subscription. When a user purchases a subscription, MelpApp will send a confirmation email. This confirmation email will be produced automatically so that the user has confirmation of the start of the subscription. If the user does not receive the subscription start confirmation email, it is possible that it has been sent to their spam folder.

Subscriptions will be billed monthly on each monthly billing date. The price or total cost of the subscription may vary depending on the number of reservations the user receives through our platform. MelpApp will charge a value for each booking made through the platform by our users' customers and will invoice the total value of the bookings made on each billing date.

In cases where the user starts the subscription at the beginning of the month, the user will be billed for the bookings received during that period of time through the platform on the next monthly billing date.

Subscriptions include automatic recurring payments. You authorize MelpApp to renew your subscription and to charge you periodically and progressively on each billing date according to the bookings received through the platform. On the corresponding billing date, you will be automatically charged the corresponding subscription fee according to the bookings received between the previous monthly billing date and the current billing date. The subscription will remain active until you cancel it or we terminate it. If you cancel a subscription, you will be charged the applicable subscription fee based on the bookings received between the previous billing date and the date you cancel the subscription. We will bill you for the subscription billing fee in the payment method you choose during the subscription registration.

Subscriptions will automatically renew for an additional period unless cancelled by the user. To cancel subscriptions, users must submit a cancellation request through our contact information or can access in the account settings, in the billing section.

No Refund Policy and Non-Cancellation Policy

All purchases are non-refundable. You agree that all payments are non-cancellable for the initial subscription term or the then-current renewal term, as applicable, and are final and non-refundable, unless otherwise agreed to by us, required by law, or set forth in your order form.

If you are unsatisfied with our services, please email us at support@melp.us

Prohibited Activities

You may not access or use the site for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the site, you agree not to:

• Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the site and/or the content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the site.
• Use any information obtained from the site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the site.
• Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the site.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the site or the networks or services connected to the site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the site to you.
• Attempt to bypass any measures of the site designed to prevent or restrict access to the site, or any portion of the site.
• Copy or adapt the site's software, including but not limited to flash, php, html, javascript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the site.
• Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the site, or using or launching any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the site.
• Make any unauthorized use of the site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the site as part of any effort to compete with us or otherwise use the site and/or the content for any revenue-generating endeavour or commercial enterprise.

License to Use the Platform

MelpApp grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform. This license is for the sole purpose of allowing you to use and enjoy the functionality available on the platform, including the functionality to create and publish groups or events in the manner permitted by these terms.

You may not copy, modify, distribute, sell or lease any part of the platform or the software contained therein, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law, or you have our written permission.

User Generated Content & Contributions

The site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "contributions"). Contributions may be viewable by other users of the site and through third-party websites. As such, any contributions you transmit may be treated in accordance with the site privacy policy. When you create or make available any contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the site, and other users of the site to use your contributions in any manner contemplated by the site and these terms of use.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your contributions in any manner contemplated by the site and these terms of use.
• Your contributions are not false, inaccurate, or misleading.
• Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your contributions do not violate any applicable law, regulation, or rule.
• Your contributions do not violate the privacy or publicity rights of any third party.
• Your contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your contributions do not otherwise violate, or link to material that violates, any provision of these terms of use, or any applicable law or regulation.

Any use of the site in violation of the foregoing violates these terms of use and may result in, among other things, termination or suspension of your rights to use the site.

Contribution License

You and the site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the privacy policy and your choices (including settings).

By submitting suggestions or other feedback regarding the site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your contributions. You retain full ownership of all of your contributions and any intellectual property rights or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area on the site. You are solely responsible for your contributions to the site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.

Social Media

As part of the functionality of the site, you may link your account with online accounts you have with third-party service providers (each such account, a "third-party account") by either: (1) Providing your third-party account login information through the site; or (2) Allowing us to access your third-party account, as is permitted under the applicable terms and conditions that govern your use of each third-party account. You represent and warrant that you are entitled to disclose your third-party account login information to us and/or grant us access to your third-party account, without breach by you of any of the terms and conditions that govern your use of the applicable third-party account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the third-party account. By granting us access to any third-party accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your third-party account (the "social network content") so that it is available on and through the site via your account, including without limitation any friend lists and (2) we may submit to and receive from your third-party account additional information to the extent you are notified when you link your account with the third-party account. Depending on the third-party accounts you choose and subject to the privacy settings that you have set in such third-party accounts, personally identifiable information that you post to your third-party accounts may be available on and through your account on the site.

Please note that if a third-party account or associated service becomes unavailable or our access to such third-party account is terminated by the third-party service provider, then social network content may no longer be available on and through the site. You will have the ability to disable the connection between your account on the site and your third-party accounts at any time.

Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.

We make no effort to review any social network content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any social network content. You acknowledge and agree that we may access your email address book associated with a third-party account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the site. You can deactivate the connection between the site and your third-party account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such third-party account, except the username and profile picture that become associated with your account.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the site ("submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such submissions, and you hereby warrant that any such submissions are original with you or that you have the right to submit such submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.

Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the site and any services provided on the site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

Site Management

We reserve the right, but not the obligation, to: (1) Monitor the site for violations of these terms of use; (2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms of use, including without limitation, reporting such user to law enforcement authorities; (3) In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) In our sole discretion and without limitation, notice, or liability, to remove from the site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) Otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site.

Privacy Policy

We care about data privacy and security. By using the site, you agree to be bound by our privacy policy posted on the site, which is in consonance with these terms of use. Please be advised the site is hosted in india. If you access the site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in india, then through your continued use of the site, you are transferring your data to india, and you agree to have your data transferred to and processed in india. You may access the privacy policy at privacy policy.

Personal Data Analysis Agreement

By signing in with MelpApp, you provide your free and voluntary consent to MelpApp for the below purposes:

• MelpApp will process your personal data for the explicit purpose of creating and maintaining your account on our platform and providing you with our suite of services.
• The processing of your personal data is based on your explicit consent, which you provide during the account creation process. This consent forms the legal basis for our processing of your data as outlined in this agreement.
• We may share your personal data with carefully selected third-party service providers solely when necessary to facilitate the provision of our services. These providers adhere to strict data protection standards and will only process your data under our instructions.
• On occasion, your personal data may be transferred to locations outside the european economic area (eea). Such transfers will only occur with appropriate safeguards in place to ensure the security and confidentiality of your data in accordance with applicable data protection laws.
• Your personal data will be retained as long as your account remains active on our platform. Upon the deactivation of your account, your data will be securely deleted according to our established data retention policy.

In accordance with the rights granted by applicable data protection laws and regulations, you have the right to:

• Access the personal data we hold about you
• Rectify any inaccuracies in your personal data
• Erase your personal data under certain conditions
• Restrict or object to the processing of your personal data
• Receive your personal data in a portable format
• Lodge a complaint with the relevant data protection authority

You have the right to withdraw your consent for the processing of your personal data at any time. The process for withdrawing consent is outlined in our privacy policy.

Term and Termination

These terms of use shall remain in full force and effect while you use the site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site.

We cannot guarantee the site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the site during any downtime or discontinuance of the site. Nothing in these terms of use will be construed to obligate us to maintain and support the site or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These terms shall be governed by and defined following the laws of united states. MelpApp Inc. And yourself irrevocably consent that the courts of united states at new jersey shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Dispute Resolution

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and MelpApp, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event that a dispute arises in connection with the use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. MelpApp may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate demand for arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform.

The courts of the united states, specifically the courts located in the state of (new jersey), shall have jurisdiction over any dispute, controversy or claim relating to MelpApp and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the united states, specifically the courts located in the state of (new jersey).

Corrections

There may be information on the site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.

Disclaimer

The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site's content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain us state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) Use of the site; (2) Breach of these terms and condition of use; (3) Any breach of your representations and warranties set forth in these terms and condition of use; (4) Your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) Any overt harmful act toward any other user of the site with whom you connected via the site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the site for the purpose of managing the performance of the site, as well as data relating to your use of the site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Responsible Use and Conduct

In order to access our services, you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) As part of the registration process, or as part of your ability to use the services. You agree that any information you provide will always be accurate, correct, and up to date.

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our services. Accordingly, you are responsible for all activities that occur under your accounts.

Accessing (or attempting to access) any of our services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our services through any automated, unethical or unconventional means.

Engaging in any activity that disrupts or interferes with our services, including the servers and/or networks to which our services are located or connected, is strictly prohibited.

You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

We may provide various open communication tools on our MelpApp, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our MelpApp, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

• Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
• Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
• Contains any type of unauthorized or unsolicited advertising;
• Impersonates any person or entity, including any MelpApp employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this user agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any independent partner copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

We do not assume any liability for any content posted by you or any other independent partner users of our MelpApp. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any independent partner copyrights or trademarks, becomes the property of MelpApp Inc., And as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our services. All information provided as part of our registration process is covered by our privacy policy.

You agree to indemnify and hold harmless MelpApp a digital property of MelpApp Inc. And its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this user agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this user agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Account Terms

To access and use the services, you must register for a MelpApp ("account"). To complete your account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. MelpApp may reject your application for an account, or cancel an existing account, for any reason, at our sole discretion.

"Age restrictions". You must be the older of: (i) 16 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the services to open an account.

You confirm that you are receiving any services provided by MelpApp for the purposes of carrying on a business activity and not for any personal, household or family purpose.

You acknowledge that MelpApp will use the email address you provide on opening an account or as updated by you from time to time as the primary method for communication with you ("primary email address"). You must monitor the primary email address you provide to MelpApp and your primary email address must be capable of both sending and receiving messages. Your email communications with MelpAppcan only be authenticated if they come from your primary email address.

You are responsible for keeping your password secure. MelpApp cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

Technical support in respect of the services is only provided to MelpApp users. Questions about the terms of service should be sent to MelpApp Inc. For support.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the services, or access to the services without the express written permission by MelpApp.

You agree not to work around, bypass, or circumvent any of the technical limitations of the services, use any tool to enable features or functionalities that are otherwise disabled in the services, or decompile, disassemble or otherwise reverse engineer the services.

You agree not to access the services or monitor any material or information from the services using any robot, spider, scraper, or other automated means.

You understand that your materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. "Materials" means your trademarks, copyright content, any products or services you sell through the services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to MelpApp Inc. Or its affiliates.

Which means: You are responsible for your account, the materials you upload to the MelpApp service and the operation of your MelpApp store. If you violate MelpApp terms of service, we may cancel your service access. If we need to reach you, we will communicate via the primary email address.

Affiliate Marketing and Advertising

The owner of the company, through the app and its services, may engage in affiliate marketing whereby the owner receives a commission on or percentage of the sale of services on or through the app. The owner may also accept advertising and sponsorship from commercial businesses or receive other forms of advertising compensation.

Limitations of Warranties

By using our MelpApp, you understand and agree that all services we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

• MelpApp does not warrant that your use of services will be uninterrupted or error-free, that MelpApp will review the information and services delivered through the app for accuracy or that it will preserve or maintain any such information or services without loss.
• MelpApp shall not be liable for delays, interruptions, service failure, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of MelpApp.
• MelpApp supplies the products, which may be perishable with time, after buying the same from the third-party vendors and suppliers. MelpApp checks the samples for the quality assurance. The nature of the products is such that each and every product/item cannot be checked for quality and condition. Therefore, MelpApp shall not be responsible if any specific item is dilapidated or perished with time. Hence, you shall not be entitled to claim refunds, if any such condition is found in the supply order.

Copyrights & Trademarks

All content and materials available on MelpApp, including but not limited to text, graphics, app name, code, images and logos are the intellectual property of MelpApp Inc., And are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by MelpApp Inc..

You must not use any part of the materials on the app platform for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of the platform in breach of these terms of use, your right to use the app will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

In order to make the app and the services available to you, you hereby grant the owner a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivate works of any content you upload or otherwise make available to the app. The company claims no further proprietary rights in your content. If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.

Spam Policy

You are strictly prohibited from using the app or any of the owner's services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

Third Party Links & Content

The company may occasionally post links to third-party websites or other services. You agree that the company is not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to from our app MelpApp.

Feedback and Reviews

MelpApp Inc. Welcomes any ideas and/or suggestions regarding improvements or additions to the services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the services, independent partner services (collectively, "feedback") to MelpApp be subject to any obligation of confidentiality or expectation of compensation. By submitting feedback to MelpApp (whether submitted directly to MelpApp or posted on any MelpApp hosted forum or page), you waive any and all rights in the feedback and that MelpApp is free to implement and use the feedback if desired, as provided by you or as modified by MelpApp, without obtaining permission or license from you or from any independent partner. Any reviews of an independent partner that you submit to MelpApp must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to independent partners or objectionable. MelpApp reserves the right (but not the obligation) to remove or edit feedback of independent partner services, but does not regularly inspect posted feedback.

Which means: We welcome users feedback but are under no obligation to ensure that ideas and suggestions regarding our services or the services of independent partners remain confidential and we can use the feedback in any way we want.

Dmca Notice and Takedown Procedure

MelpApp supports the protection of intellectual property and asks MelpApp merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a dmca notice to MelpApp's designated agent using our form. Upon receiving a dmca notice, we may remove or disable access to the materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. Learn more at reporting intellectual property infringement.

Which means MelpApp respects intellectual property rights and you should too. If we receive a dmca notice, we may disable access or remove the allegedly infringing content from your store. If you don't think the claim is valid, you can send a counter notification. If you believe one of our merchants is infringing your intellectual property rights, you can send MelpApp a dmca notice. We will expeditiously disable access or remove the content and notify the merchant.

Miscellaneous

These terms of use and any policies or operating rules posted by us on the site or in respect to the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision. These terms of use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these terms of use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms of use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms of use or use of the site. You agree that these terms of use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these terms of use and the lack of signing by the parties hereto to execute these terms of use.

Contact Us

If you have any questions about this privacy policy, you can contact us: support@melp.us

If you have any questions about this privacy policy, the practices of this app, your dealings with this MelpApp and you would like to ask about or complain about how we process your personal information, please contact us for support, or mail us at one of the addresses below.

Company Address:

MelpApp Inc.
400 Alexander Park, Suite 103
Princeton, NJ 08540

Contact us at support@melp.us