Terms of Service
The following terms of service (these "Terms of Service"), govern your access to and use of the Milsales website, including any content, functionality and services offered on or through Milsales (the "Site") through GrooveDigital. MilSales (30 Albert Street, Kilmore, VIC 3764, AUSTRALIA ) and its subsidiaries are collectively referred hereto as "Milsales" "Milon Mia" "First Party" "we" "Seller" or "us" .
Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, Milsales Payment Terms, found below (“Payment Terms”), and our Privacy Policy, found here, each of which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Milsales services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available during week days if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request. The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Milsales makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Key Terms:
"Buyers" or "Second Party" are users who purchase products or services on Milsales. Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer. Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller. ® Extras are additional services offered on top of the Milsales services and extras for an additional price defined by the Seller.
Sellers
Basics: Sellers create services on MilSales to allow Buyers to purchase their services. Sellers may also offer Custom Offers to Buyers in addition to the offers available and must be purchased through GrooveDigital payment gateaway. Services offered through Milsales Extras must be related to the base service and part of the deliverables on the Order. Extras may cover different categories of services that are components to a higher quality delivered service. Sellers have the option to extend the duration of an Order for each Services Extra that is added to the Order. This is to cover the time needed to complete the extra service.
Custom Offers
Sellers can also send Custom Offers addressing specific requirements of a Buyer. Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service. Custom Offers are sent from the conversation page. Services provided through Custom Offers may not violate Milsales’s Terms of Service and/or our Community Standards.
Stock Images
“Stock Images” allows Sellers to choose from an exclusive catalog of images as part of the final delivery of work. Important: If you cancel an Order that includes a Stock Image, the usage of that Stock Image will be cancelled as well and you will no longer be able to use the Stock Image Extra on the same Order. All Stock Images are licensed under GrooveDigital®, who has full ownership and copyrights to the Stock Images provided on MilSales and shall be responsible for all Stock Images and their quality. When using Stock Images, you represent and warrant the following: You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of the Stock Images. Stock Image(s) may not be used: on a stand-alone basis with no other content; for pornographic, defamatory or other unlawful purposes; as templates used to create multiple copies of the same Gig; for the purpose of enabling file-sharing of the image file; or in logos, trademarks, service marks or any other branding or identifiers. If Stock Images featuring individuals is used in connection with a sensitive, unflattering or controversial subject, you must include a statement that the image is used for illustrative purposes only and the individual is a model. You may not activate the “right-click” function in Stock Images, remove any metadata in Stock Images, or reverse engineer, decompile, or disassemble the Stock Image(s) to enable the download or use Stock Images on a stand-alone basis. No ownership or copyrights to Stock Images are granted to you. Users can contact MilSales's customer support department for assistance here. Shipping Physical Deliverables Some of the services on MilSales are delivered physically (arts and crafts, collectable items, etc.). For these types of products, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
BUYERS
Basics: MilSales retains the right to use all publicly published delivered works for MilSales marketing and promotional purposes. Buyers may request a specific service. Services requested on Milsales must be an allowed service on MilSales. Buyers are also referred as "Second Party"
PURCHASING
Please refer to the Payment Terms for making Payments through the MilSales wesite and to learn about fees and taxes. In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site or through Fiverr or Upwork Anywhere. You may not offer Sellers to pay, or make payment using any method other than through the milsales.com.au site, Fiverr or Upwork. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
ORDERS
Basics Once payment is confirmed, your order will be created and given a unique MilSales order number.. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact MilSales's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
HANDLING ORDERS
Buyers may use the "Request Revisions" if the delivered materials do not match the Seller's description on their service page or they do not match the requirements sent to the Seller at the beginning of the order process. We strive to complete most of our services between 1 to 4 weeks. However, this may be delayed further by unforseenable circumsbtance between the buyers and sellers e.g. inability for the buyer to provide requested resources in a reasonable time frame.
REVIEWS
All reviews all subject to the seller's review. There is no obligation for display but it must not be alterned in any way that distort the tone.
User Conduct and Protection:
MilSales enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on MilSales reflect the diversity of an expanding services economy. Members of the MilSales community communicate and engage through orders, social media, and on MilSales’s Dacebook Group
MilSales maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of MilSales. This section relates to the expected conduct users should adhere to while interacting with each other on MilSales.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.
BASICS
To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of MilSales in order to circumvent or abuse the MilSales messaging system or MilSales platform is not permitted. Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page. MilSales does not provide any guarantee of the level of service offered to Buyers. You may use the dispute by email. MilSales does not provide protection for users who interact outside of the MilSales platform. All information and file exchanges must be performed exclusively on MilSales's platform. Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account. MilSales is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account. Users may not submit proposals or solicit parties introduced through MilSales to contract, engage with, or pay outside of MilSales accepted payment. Orders Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team. Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
SERVICE
Users may report services to Customer Support that may be in violation of MilSales’s Terms of Service based on the reported. Sellers warrant that any content included in packages are original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the services, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the order. However, any changes made by the buyer makes this warrant null and void. It is the responsibility of the buyer to ensure copyright and fair work is protected. MilSales will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here. Reporting Violations If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.
VIOLATIONS
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
NON PERMITTED USE
Adult Services, Illegal & Pornography - MilSales does not allow any exchange of adult oriented, illegal goods or pornographic materials and services.
Inappropriate Behavior & Language - Communication onMilSales should be friendly, constructive, and professional. MilSales condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
PHISING AND SCAM
Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their services or orders.
PRIVACY AND IDENTITY
You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of MilSales will not be protected by our Terms of Service.
REFUND POLICY
We do not offer refunds and all sales are final. The buyer understands and acknowledges that there are no refunds. The buyer also understands and acknowledges that should a dispute be filed payment for services, our refund policy acts as a proof of service provided and negates any attempt to dispute.
The Buyer hereby ratifies his/her understanding that all services provided by us are non-refundable and waive any rights to charge-back to your purchase with your credit card processor.
The Seller and the Buyer are in agreement that there may be circumstances or conditions that warrant or necessitate the termination of the buyer and sellers' working relationship. In view of this possibility, both parties agree that should the relationship be terminated, it will be done so in an amicable fashion, maintaining an attitude of cooperation and professional demeanor, with the respect for the reputation and dignity of the other party. If this agreement is breached in any way by the second party, we may sue the second party for defamation, demeanour and breach of terms of service.
If the notice of termination is given by their party, no new work shall be initiated, but any work previously authorized by the second party up to the point of receipt of notice of termination shall be completed.
To read more details : VISIT HERE
AUTHENTIC MILSALES PROFILE
You may not create a false identity on MilSales, misrepresent your identity, create a MilSales profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. MilSales reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims:
MilSales will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use - You may not use MilSales for any unlawful purposes or to conduct illegal activities.
Intellectual Property Claims:
MilSales will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use - You may not use MilSales for any unlawful purposes or to conduct illegal activities.
Termination of Contract
This Agreement constitutes the Parties' entire understanding that if the second party does not give any updates or tasks within 60 Business Days without notice to the first party, this Contract will be forfeited, and no refunds will be issued.
Abuse and Spam Multiple Accounts:
To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the MilSales community will be disabled. Mass account creation may result in disabling of all related accounts.
Note: any violations of MilSales’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on MilSales. This includes creating new multiple accounts to harass members through our message or ordering system.
Payment Plans
The Second Party will put forth reasonable effort to fulfill their responsibilities. If the second Party faults on any monthly installment at any time of the agreement, the second party forfeits their access to any digital assets produced by Milon Mia & Milsales. The Second Party may be required to re-invest the total amount of current pricing if the Second Party chooses to re-participate again with the First Party.
Abuse and Spam Multiple Accounts:
Proprietary Restrictions The Site, including its general layout, design and content, is exclusively owned by MilSales and protected by copyright and trademark law. MilSales®, are all registered trademarks owned exclusively by MilSales.
Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
Feedback Rights:
To the extent that you provide MilSales with any comments, suggestions or other feedback regarding the MilSales platform or the Site as a whole, as well as other MilSales products or services (collective, the “Feedback”), you will be deemed to have granted MilSales an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. MilSales is under no obligation to implement any Feedback it may receive from users.
CONFIDENTIALITY
MilSales recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.
General Terms MilSales reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services. Violation of MilSales's Terms of Service and/or our Community Standards may get your account disabled permanently. Users with disabled accounts will not be able to sell or buy on MilSales. Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account. Users have the option to enable account Security features to protect their account from any unauthorized usage. Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
Disputes should be handled using MilSales's dispute resolution through email or by contacting GrooveDigital Customer Support. MilSales may make changes to its Terms of Service from time to time. When these changes are made, MilSales will make a new copy of the terms of service available on this page. You understand and agree that if you use MilSales after the date on which the Terms of Service have changed, MilSales will treat your use as acceptance of the updated Terms of Service. User Generated Content User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to MilSales by our users (Buyers and Sellers) is User Generated Content. MilSales does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Groove platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, MilSales is not responsible for the content, quality or the level of service and returns and benefits from the finished product or services. We encourage users to use common sense in choosing appropriate services.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership Ownership and limitations:
When purchasing a services for personal use on MilSales, unless clearly stated otherwise on the service page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the product and or services and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some services (including for custom created work) charge additional payments (through the payment processor Extras) for a Commercial Use License. This means that if you purchase the product or service for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through explicit permission and will have broader rights that cover your business use.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to MilSales, including texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by MilSales for no consideration for marketing and/or other purposes.
Commercial Use License:
By using our services “Commercial Use License”, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to MilSales’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor any MilSales users will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Machine Translation:
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MILSALES NOR ANY PERSON ASSOCIATED WITH MILSALES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MILSALES NOR ANY PERSON ASSOCIATED WITH MILSALES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with MilSales, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.
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