Unless otherwise indicated,
the Site is our property and all source code, databases,
functionality, software, website designs, audio, video, text,
photographs and graphics on the Site (collectively, the
“Content”), trademarks and service marks and logos contained
therein ( The “Marks”) are owned by, controlled by, or licensed
to us and are protected by United States copyright, trademark
and various other intellectual property rights and unfair
competition laws, international copyright laws, and
international conventions. The content and Marks on the
Site are provided "as is" for your information and personal use
only. Except as expressly provided
in these Terms of Use, no part of the Site or any Content or
Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed or encoded,
You may not access or use
the Website for any purpose other than that for which we
make the Website available. The Site may not be used
in connection with any commercial endeavors except those
specifically approved or approved by us.
As a user of the
Site, you agree not to:
1 .
Systematically
retrieve data or other content from the Site to
create or compile, directly or indirectly, a
collection, compilation, database or directory
without our written permission.
2 .
Trick, defraud, or mislead us and other
users, especially in any attempt to
learn sensitive account information such
as user passwords.
3 .
circumvent, disable, or interfere with
security-related features of the Site,
including features that prevent or
restrict use or copying of any Content
or enforce restrictions on use of the
Site and/or the content contained
therein.
4 .
Disparage, defame, or otherwise harm, in
our opinion, us and/or the Site.
5 .
Use
any information obtained from the Site
to harass, offend, or harm another
person.
6 .
Use
our support services inappropriately or
make false reports of abuse or
misconduct.
7 .
Use
the Website in a manner contrary to any
applicable laws or regulations.
8 .
Use
the Site to advertise or offer to sell
goods and services.
9 .
Engage in unauthorized framing of or
linking to the Site.
10 .
Upload or transmit (or attempt to upload
or transmit) viruses, Trojan horses or
other material, including excessive use
of capital letters and spam (continuous
posting of repetitive text), that
interferes with any party's
uninterrupted use and enjoyment of the
Site or modifies, impairs or disables or
alter or interfere with the use,
features, functionality, operation or
maintenance of the Site.
11 .
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.
12 .
Delete the copyright or other
proprietary rights notice from any
Content.
13 .
Attempt to impersonate another user or
person, or use another user's username.
14 .
Sell
or transfer your profile.
15 .
Upload or transmit (or attempt to upload
or transmit) any material that acts as a
passive or active information collection
or transmission mechanism, including but
not limited to clear graphics
interchange formats ("gifs"), 1x1
pixels, web bugs, files cookies, or
other similar devices (sometimes
referred to as "spyware", "passive
collection mechanisms", or "pcms").
16 .
Interfere with, disrupt, or create an
undue burden on the Site or the networks
or services connected to the Site.
17 .
Harassing, harassing, intimidating or
threatening any of our employees or
agents involved in providing any part of
the Site to you.
18 .
Attempt to bypass any Site actions
designed to prevent or restrict access
to the Site, or any part of the Site.
19 .
Copy
or modify the Site's software, including
but not limited to Flash, PHP, HTML,
JavaScript, or any other code.
20 .
Decompile, decompile, decompile or
reverse engineer in any way any of the
software comprising or forming part of
the Site.
21 .
Except as may be the result of using a
standard search engine or Internet
browser or using, operating, developing
or distributing any automated system,
including without limitation any spider,
bot, cheat tool, scraper or offline
reader that accesses the Site use or run
any other unauthorized script or
program.
22 .
Use a
purchasing agent or buying agent to make
purchases on the site.
23 .
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.
24 .
Use
the Site as part of any effort to
compete with us or use the Site and/or
the Content for any revenue-generating
endeavor or commercial venture.
User
generated contributions
The Site may
invite you to chat, contribute to, or
participate in blogs, message boards, online
forums, and other functions, and may provide you
with the opportunity to create, submit, publish,
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, personal information, or
other materials (collectively, the
“Contributions”). Contributions
may be viewable by other users of the Site and
via third-party websites. As such, any
Contributions you transmit may be treated as
non-confidential and non-proprietary. When you
create or make available any Contributions, you
hereby represent and warrant that:
1.
The creation, distribution,
transmission, public display,
performance, access, downloading, or
copying of your Contributions does not
infringe the proprietary rights,
including but not limited to the
copyright, patent, trademark, trade
secret, or moral rights of any party
third.
2.
You are the creator and owner of or have
the necessary licenses, rights,
consents, releases and permissions to
use and authorize us, the Site and other
users of the Site to use your
Contributions in any way contemplated by
the Site and these Terms of Use.
3.
You have the written consent,
authorization and/or permission of each
identifiable individual in your
Contributions to use the name or
likeness of each identifiable individual
to enable inclusion and use of your
Contributions in any manner contemplated
by the Site and these Terms of Use.
4.
Your Contributions are not false,
inaccurate or misleading.
5.
Your Contributions are not unsolicited
or unauthorized advertising, promotional
materials, pyramid schemes, chain
letters, spam, mass mailings, or other
forms of solicitation.
6.
Your Contributions are not obscene,
profane, lascivious, filthy, violent,
harassing, defamatory, defamatory, or
otherwise objectionable (as determined
by us).
7.
Your Contributions do not mock, mock,
disparage, intimidate, or offend anyone.
8.
Your Contributions shall not be used to
harass or threaten (in the legal sense
of those terms) any other person and to
promote violence against a particular
person or group of people.
9.
Your Contributions do not violate any
applicable law, regulation or rule.
10.
Your Contributions do not violate the
privacy or publicity rights of any third
party.
11.
Your Contributions do not contain any
material that solicits personal
information from anyone under the age of
18 or that exploits persons under the
age of 18 in a sexual or violent manner.
12.
Your Contributions do not violate any
applicable child pornography law, or are
intended to protect the health or
welfare of minors.
13.
Your Contributions do not include any
offensive comments related to race,
national origin, gender, sexual
orientation, or physical disability.
14.
Your Contributions do not infringe or
link to material that infringes any
provision of these Terms of Use or any
applicable law or regulation.
Any use of
the Website in violation of the foregoing
violates these Terms of Use and may result in,
among other things, the termination or
suspension of your rights to use the Website.
By posting
your contributions to any part of the site
or make Contributions
accessible to the Site by linking
your account from the Site to any of
your social networking accounts
You
automatically grant, represent and warrant that
you have the right to grant to us an
unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully
paid-up worldwide right and license to host,
use, copy, reproduce, disclose, sell, resell ,
publish, broadcast, re-title, archive, store,
cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole
or in part), and distribute these Contributions
(including, but not limited to, your photo and
your vote) for any purpose, commercial,
advertising, or otherwise, and to prepare
derivative worksfrom these contributions, or
incorporate them into other works, granting and
authorizing prior sublicenses. It may be
used and distributed in any media formats and
through any media channels.
This license
will apply to any form, media, or technology now
known or hereafter developed, and includes our
use of your name, company name, and franchise
name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal
and commercial images that you provide. You waive all
moral rights in your Contributions, and warrant
that moral rights have not been otherwise
asserted in your Contributions.
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
responsible for any statements or
representations in your Contributions that you
make in any area of the Site. You are
solely responsible for your Contributions to the
Site and you expressly agree to release us from
any and all liability and to refrain from any
legal action against us with respect to your
Contributions.
We have the
right, in our sole and absolute discretion, (i)
to edit, edit, or change any Contributions;
(ii) to
reclassify any Contributions to place them in
more appropriate locations on the Site; and (iii) to
pre-screen or delete any Contributions at any
time for any reason, without notice. We have no
obligation to monitor your Contributions.
We may
provide areas on the Site for you to leave
comments or ratings. When you post
a review, you must comply with the following
criteria: (i) you must have first-hand
experience with the person/entity being
reviewed; (ii) your
comments must not contain profanity, abusive,
racist, offensive or hate language; (iii) your
reviews must not contain discriminatory
references based on religion, race, gender,
national origin, age, marital status, sexual
orientation, or disability; (iv) your
reviews must not contain references to illegal
activity; (5) you must
not be affiliated with competitors if you post
negative reviews; (vi) you must
not reach any conclusions as to the legality of
the conduct; (vii) you may
not post any false or misleading statements;
and (viii)
you may not campaign to encourage others to post
reviews,
We may
accept, reject, or remove reviews in our sole
discretion. We have
absolutely no obligation to screen or delete
reviews, even if anyone considers the comments
to be objectionable or inaccurate. Comments are
not endorsed by us, and do not necessarily
represent our opinions or those of any of our
affiliates or partners. We accept no
responsibility for any review or for any claims,
liabilities or losses resulting from any review.
By posting a
review, you hereby grant us a perpetual,
non-exclusive, worldwide, royalty-free, fully
paid-up, assignable, and sub-licensable right
and license to reproduce, modify, translate,
transmit in any medium, display, perform, and/or
distribute all content relating to reviews.
Mobile
Application Licensing
If you access
the Site via a mobile application, we grant you
a limited, revocable, non-exclusive,
non-transferable right to install and use the
mobile application on wireless electronic
devices that you own or control, and to access
and use the mobile application on such devices.
The mobile application on such devices strictly
complies with our Terms and Conditions. The
license for this mobile application is contained
in these Terms of Use. You may not:
(i) decompile, reverse engineer, disassemble, or
otherwise attempt to derive or decompile the
source code of the Application; (ii) make any
modification, adaptation, improvement,
improvement, translation or derivative work of
the Application; (iii) you
violate any applicable laws, rules or
regulations with respect to your access to or
use of the Application; (iv) remove,
alter, or obscure
any proprietary notice (including any copyright
or trademark notice) posted by us or the
licensors of the Application; (v) use the
Application for any revenue-generating endeavor,
commercial venture, or other purpose for which
it was not designed or intended; (vi) make the
Application available over a network or other
environment that allows access or use by
multiple devices or users at the same time;
(vii) use the
Application to create a product, service, or
software that is directly or indirectly
competitive with, or in any way substitutes for,
the Application; (viii) use
the Application to send automated inquiries to
any website or to send any unsolicited
commercial email; or (ix) use
any proprietary information or any of our
interfaces or other intellectual property in the
design, development, manufacture and licensing,
Apple and
Android devices
The following
terms apply when you use a mobile application
obtained from the Apple Store or Google Play
(each an “App Distributor”) to access the Site:
(i) the license granted to you for our mobile
application is limited to a non-transferable
license to use the Application on a device using
the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage
rules set forth in the applicable Application
Reseller terms of service; (ii) We are
responsible for providing any maintenance and
support services in connection with the Mobile
Application as defined in the terms and
conditions of such Mobile Application license
contained in these Terms of Use or as required
by applicable law, and you acknowledge that each
Application Distributor does not have any an
obligation of any kind to provide any
maintenance and support services in connection
with the Mobile Application; (iii) In the
event the Mobile Application fails to comply
with any applicable warranty, you may notify the
applicable Application Distributor, and the
Application Distributor may, subject to its
terms and policies, refund the purchase price,
if any, paid for the Mobile Application, and to
the fullest extent permitted under applicable
law, the App Distributor will have no other
warranty obligation whatsoever with respect to
the Mobile Application; (iv) you
represent and warrant that (i) you are not
located in a country that is subject to a United
States Government embargo, or that has been
designated by the United States Government as a
"terrorist supporting" country and (ii) you are
not listed on any United States government list
of prohibited or restricted parties ; (v) you must
comply with the terms of the applicable
third-party agreement when using the Mobile
Application, for example, if you have a VoIP
Application, you must not breach their wireless
data service agreement when using the Mobile
Application; and (vi) you
acknowledge and agree that Application
Distributors are third party beneficiaries of
the terms and conditions of this mobile
application license contained in these Terms of
Use, and that each Application Distributor will
have the right (and will be deemed to have
accepted the right) to enforce the terms and
conditions contained in the License This Mobile
Application contained in these Terms of Use
against you as a third party beneficiary
thereof. (v) you must
comply with the terms of the applicable
third-party agreement when using the Mobile
Application, for example, if you have a VoIP
Application, you must not breach their wireless
data service agreement when using the Mobile
Application; and (vi) you
acknowledge and agree that Application
Distributors are third party beneficiaries of
the terms and conditions of this mobile
application license contained in these Terms of
Use, and that each Application Distributor will
have the right (and will be deemed to have
accepted the right) to enforce the terms and
conditions contained in the License This Mobile
Application contained in these Terms of Use
against you as a third party beneficiary
thereof. (v) you must
comply with the terms of the applicable
third-party agreement when using the Mobile
Application, for example, if you have a VoIP
Application, you must not breach their wireless
data service agreement when using the Mobile
Application; and (vi) you
acknowledge and agree that Application
Distributors are third party beneficiaries of
the terms and conditions of this mobile
application license contained in these Terms of
Use, and that each Application Distributor will
have the right (and will be deemed to have
accepted the right) to enforce the terms and
conditions contained in the License This Mobile
Application contained in these Terms of Use
against you as a third party beneficiary
thereof. Then you must
not be violating their wireless data service
agreement when using the mobile app; and (vi) you
acknowledge and agree that Application
Distributors are third party beneficiaries of
the terms and conditions of this mobile
application license contained in these Terms of
Use, and that each Application Distributor will
have the right (and will be deemed to have
accepted the right) to enforce the terms and
conditions contained in the License This Mobile
Application contained in these Terms of Use
against you as a third party beneficiary
thereof. Then you must
not be violating their wireless data service
agreement when using the mobile app; and (vi) you
acknowledge and agree that Application
Distributors are third party beneficiaries of
the terms and conditions of this mobile
application license contained in these Terms of
Use, and that each Application Distributor will
have the right (and will be deemed to have
accepted the right) to enforce the terms and
conditions contained in the License This Mobile
Application contained in these Terms of Use
against you as a third party beneficiary
thereof.
social media
As part of the functionality
of the Site, you may link your account with your online accounts
with third-party service providers (each, a “Third-Party
Account”) by either: (i) providing your Third-Party Account
login information through the Site; or (ii) allow us to access
your Third Party Account, as permitted under the applicable
terms and conditions governing 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 you breaching any of the terms and conditions
governing your use of the Third Party Account, and without obligating us to
pay any fees or making us subject to any usage restrictions
imposed by the third party service provider for the third party
account. By granting us access to any
Third Party Accounts, you understand that (i) we may access any
Content you have made available to and stored in your Third
Party Account (“Social Network” if applicable “Content”) so that
it is available on and through the Site through your account ,
including without limitation, any friend lists and (ii) we may
send additional information to and receive from your Third Party
Account 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 you have
set in the 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 is unavailable or our access
to such Third Party Account is terminated by the Third Party
Service Provider, 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 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 contact list stored on your mobile
device or tablet computer solely for the purposes of identifying
and informing you of contacts who have also registered to use
the Site. . You may 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 that
third party account, except for the username and profile picture
that has become associated with your account. You acknowledge and agree
that we may access your email address book associated with a
Third Party Account and your contact list stored on your mobile
device or tablet computer solely for the purposes of identifying
and informing you of contacts who have also registered to use
the Site. . You may 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 that
third party account, except for the username and profile picture
that has become associated with your account. You acknowledge and agree
that we may access your email address book associated with a
Third Party Account and your contact list stored on your mobile
device or tablet computer solely for the purposes of identifying
and informing you of contacts who have also registered to use
the Site. . You may 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 that
third party account, except for the username and profile picture
that has become associated with your account.
Submissions
You acknowledge and agree
that any questions, comments, suggestions, ideas, feedback,
or other information regarding the Site ("Submissions") that
you provide to us are non-confidential and shall become our
sole property. We will own exclusive
rights, including all intellectual property rights, and
shall be entitled to use and publish such 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 that there will
be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in
your Submissions.
Website and Third Party
Content
The Site may contain (or you
may be sent via the Site) links to other websites (“Third Party
Sites”) as well as articles, photographs, text, graphics,
images, designs, music, audio, video, information, applications,
software and other content or items that belong to or originate
from third parties ( "Third Party Content"). Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through
the Site or any Third-Party Content posted on or available
through or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of, or contained in, Third Party
Sites or Third Party Content. Insert, Linking to, allowing the use
or installation of any Third Party Websites or any Third Party
Content does not imply approval or endorsement thereof by us.
If you decide to leave the
Site and access the Third Party Websites or use or install any
Third Party Content, you do so at your own risk, and you should
be aware that these Terms of Use no longer govern. You should review the
applicable terms and policies, including privacy and data
collection practices, of any site to which you navigate from the
Site or in connection with any applications you use or install
from the Site. Any purchases you make
through Third Party Websites will be through other websites and
from other companies, and we have no liability whatsoever in
connection with such purchases which are solely between you and
the applicable third party. You agree and acknowledge
that we do not endorse the products or services offered on third
party websites, and you shall hold us harmless from any harm
resulting from your purchase of such products or services.
In addition, you must protect
us against any losses suffered or harm suffered by you in
connection with or arising in any way from any Third-Party
Content or any connection to Third-Party Websites.
We allow
advertisers to display their ads and other
information in certain areas of the Site, such
as sidebar ads or banner ads. If you are an
advertiser, you will be fully responsible for
any advertisements you place on the Site and any
services offered on the Site or products sold
through those advertisements. Further, as
an advertiser, you warrant and represent that
you own 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
space to place such ads, and we have no other
relationship with advertisers.
We reserve the right, but
not the obligation, to: (i) monitor the Site for violations
of these Terms of Use; (ii) take appropriate
legal action against anyone who, in our sole discretion,
violates the law or these Terms of Use, including but not
limited to reporting such user to law enforcement
authorities; (iii) in our sole
discretion and without limitation, deny or limit access,
restrict availability, or disable (to the extent technically
feasible) any of your Contributions or any part thereof;
(iv) at our sole
discretion and without limitation, notice or liability, to
remove from the Site or disable all files and content that
are excessive in size or are in any way a burden on our
systems;
privacy
policy
We care about
data privacy and security. Please review
our privacy policy:
https://sounah.com/en/legal/privacy-policy
.
By using the
Site, you agree to be bound by our Privacy
Policy, which is incorporated into these Terms
of Use. Please note
that the site is hosted at
France . If you access
the Site from any other region of the world with
laws or other requirements governing the
collection, use, or disclosure of Personal Data
that differ from the applicable laws in
France Then, through
your continued use of the Site, you are
transferring your data to
France and consent
to the transfer of your data to
France .
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 deny access to and use of the Site (including
assigned IP addresses) to anyone or anyone else, in our
sole discretion and without notice or liability and
without any reason, including without limitation
LIMITATION Violation of any representation, warranty or
covenant contained in these Terms of Use or any
applicable law or regulation. We may terminate or
delete your use or participation in the Site your
account and any content or
information posted by you at any time, without notice,
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 false or assumed name, or the name of any third
party, even if you are acting on behalf of the third
party. Ceremony. In addition to
terminating or suspending your account, we reserve the
right to take appropriate legal action, including
without limitation, seeking civil, criminal and
injunctive relief.
Modifications
and interruptions
We reserve the right
to change, modify or remove the contents of the Site at
any time or for any reason in our sole discretion
without notice. However, we are under
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 shall not be
liable to you or any third party for any modification,
price change, suspension or discontinuance of the
Website.
We cannot guarantee
that 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 arising from your inability to access or
use the Website during any downtime or discontinuation
of use of the Website. Nothing in these
Terms of Use will be construed as obligating us to
maintain and support the Site or to supply any
corrections, updates, or releases in connection
therewith.
These Terms shall
be governed by and interpreted in accordance with
the laws of
France
The use of the United Nations Convention on
Contracts for the International Sale of Goods is
expressly excluded .
If your habitual
place of residence is in the European Union, and you
are a consumer, you also have the protection
afforded to you by the mandatory provisions of the
law of your country of residence. sounah
and you agree to submit to the non-exclusive
jurisdiction of the courts of
Paris , which means
you can bring a claim to defend your consumer
protection rights in relation to these Terms of Use
in
France , or in the
European Union country in which you reside.
To
expedite resolution and control the cost
of any dispute, controversy or claim
relating to these Terms of Use (each a
“Dispute” and collectively, the
“Disputes”) brought by you or us
(individually, a “Party” and
collectively, the “Parties”), the
parties agree to try The first to
negotiate any Dispute (except for those
Disputes expressly set forth below)
informally at least
thirty (30) days
prior to the commencement of
arbitration. These
informal negotiations commence upon
written notice from one party to the
other.
Any dispute
arising out of
the relations between the parties to this contract
shall be decided by a single arbitrator chosen in
accordance with the arbitration rules and the
internal rules of the European Court of Arbitration
which is part of the European Center for Arbitration
having its seat in Strasbourg, and which were in
force at the time the request for arbitration was
submitted, and which adoption of this item
acceptance. The seat of
arbitration shall be Paris and
France .
The
language of the procedures shall be Arabic
.
The applicable
rules of substantive law are law France .
The
parties agree that any arbitration shall be
limited to the dispute between the parties
individually. To the
fullest extent permitted by law, (a) no
arbitration may be joined to any other
proceeding; (b) there
is no right or authority for any dispute to
be arbitrated on a class action basis or to
use class action proceedings; and (c)
there is no right or authority for any
dispute brought in a purported
representative capacity on behalf of the
general public or any other persons.
Exceptions to Informal Negotiation and
Arbitration
The
parties agree that the following disputes
are not subject to the above provisions of
informal negotiation and binding
arbitration: (a) any disputes seeking to
enforce or protect, or relating to the
validity of, any of a party's intellectual
property rights; (b) any
dispute relating to or arising from
allegations of theft, hacking, invasion of
privacy, or unauthorized use; and (c)
any claim for an injunction. If this
provision is found to be illegal or
unenforceable, neither party will choose to
arbitrate any dispute within that portion of
this provision that is found to be illegal
or unenforceable and such dispute shall be
adjudicated by a court of competent
jurisdiction within the courts listed The
above jurisdiction, and the parties agree to
submit to the personal jurisdiction of that
court.
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.
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, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS, AND LINKING. We make no warranties or
representations about the accuracy or completeness of the
content of the Site or the content of any websites linked to
the Site and will have no responsibility or liability for
any (i) errors, omissions, errors or errors ii) personal
injury or property damage, of any nature whatsoever , which
result from your access to and use of the Site, (iii) any unauthorized
access to or use of our secure servers and/or any and all
personal information and/or financial information stored
therein, (iv) any interruption or interruption of
transmission to or from the Site, (v) any errors, viruses or
horses Trojan or similar that may be transmitted to or
through the Site by any third party and/or (vi) any errors
or omissions in any content and materials or for any losses
or damages of any kind. Use any content posted,
transmitted or otherwise made available via the Site. We do not guarantee,
endorse, guarantee, or assume responsibility for any product
or service advertised or offered by a third party through
the Site, any linked website, or any website or mobile
application advertised or advertised, or in any mobile
application. We will not be a party to
or in any way 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.
In no event shall we, 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
profits or losses. OR OTHER DAMAGES ARISING
OUT OF YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend,
indemnify and hold harmless us, including our subsidiaries,
affiliates and all our officers, agents, partners and
employees, from and against any loss, damage, liability,
claim or demand, including reasonable attorneys' fees and
expenses, incurred by any party third due to or arising
from:
(i) your
contributions; ( ii
) use of the Site; ( iii
) breach these Terms of Use; ( iv
) any breach of your representations and warranties set
forth in these Terms of Use; ( v
) your violation of the rights of a third party, including
without limitation intellectual property rights; or (
vi ) any overt harmful act
toward any other user of the Site with whom you connect 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 as soon
as we become aware of it.
We will retain certain
data that you submit 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 data.
Communications,
transactions and electronic 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
that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication
be in writing. You hereby consent to the
use of electronic signatures, contracts, orders and other
records, and to the electronic delivery of notices, policies
and records of transactions made or completed by us or
through the Site. You hereby waive any
rights or requirements under any statutes, regulations,
rules, ordinances or other laws in any jurisdiction that
require an original signature, delivery or retention of
non-electronic records,
California users and
residents
If a complaint with us is
not resolved satisfactorily, you may contact the Complaint
Assistance Unit of the Consumer Services Division of the
California Department of Consumer Affairs in writing at 1625
North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952- 5210 or (916) 445-1254.
These Terms of Use and
any policies or operating rules that we post on the Site or
in connection with the Site constitute the entire agreement
and understanding between you and us. The failure of us to
exercise or enforce any right or provision of these Terms of
Use shall not be deemed a waiver of such right or provision.
These Terms of Use
operate to the fullest extent permitted by law. We may assign any or all
of our rights and obligations to others at any time. We will not be
responsible or liable for any loss, damage, delay or failure
to act due to 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
thereof shall be deemed severable from these Terms of Use
and shall not affect the validity and enforceability of any
remaining provisions. No joint venture,
partnership, employment or agency relationship is 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
their drafting. You hereby waive any and
all defenses you may have based on the electronic form of
these Terms of Use and the failure of the parties hereto to
enforce these Terms of Use. You agree that these
Terms of Use will not be construed against us by virtue of
their drafting. You hereby waive any and
all defenses you may have based on the electronic form of
these Terms of Use and the failure of the parties hereto to
enforce these Terms of Use. You agree that these
Terms of Use will not be construed against us by virtue of
their drafting. You hereby waive any and
all defenses you may have based on the electronic form of
these Terms of Use and the failure of the parties hereto to
enforce these Terms of Use.
To resolve a complaint
regarding the Site or to receive further information
regarding use of the Site, please contact us
here
: