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This legal agreement
is made between You and Us ("Agreement"). Please read this
Agreement carefully before registering for the Service. By registering
for the Service, You become a Muqtoob Networks member (a "Member"), and
You agree to be bound by the terms and conditions of this Agreement for
as long as You continue to be a Member. IF YOU DO NOT AGREE WITH THE
TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE
SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO
CHANGES MADE BY US, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH
NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE
CURRENT VERSION OF THIS AGREEEMENT ON THE SERVICE.
In this Agreement the following words have the following meanings unless the context requires otherwise:
"Agreement"
means the agreement between You and Us incorporating these terms and
conditions for the provision of the Service, as amended from time to
time in accordance with the terms and conditions set forth herein;
“We, Us, Our" means Muqtoob Networks; and
"You, Your, Yourself"
means the person who registers for the Service, accepts the terms and
conditions of this Agreement and whose application for membership of
the Service is accepted by Us.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS.
By becoming a Member, You represent and warrant that You are at least
18 years old. By using this Web site, You represent and warrant that
You have the right, authority and capacity to enter into this Agreement
and to abide by the terms and conditions of this Agreement. Your
membership for the Service is for Your sole, personal use. You may not
authorize others to use Your membership and You may not assign or
otherwise transfer Your account to any other person or entity.
REGISTRATION AND SUBSCRIPTION:
Although You may register as a Member of the Service for free, if You
wish to use the Service to initiate most communication with other
members and use certain other parts of the Service, You must become a
subscriber and pay the fees that are set out in Our price list. This
price list is part of this Agreement And We reserve the right, at any
time, to change any fees or charges for using the Service. To become a
Member, You must register for the Service. When and if You register to
become a Member, You agree to provide accurate, current and complete
information about Yourself as prompted by Our registration form
("Registration Data"), and to maintain and update Your information to
keep it accurate, current and complete. You agree that We may rely on
Your Registration Data as accurate, current and complete. You
acknowledge that if Your Registration Data is untrue, inaccurate, not
current or incomplete in any respect, We reserve the right to terminate
this Agreement and Your use of the Service and, in such event, You
shall not be entitled to a refund of any unused subscription fees.
TERM AND TERMINATION:
This Agreement will remain in full force and effect while You use the
Service and/or are a Member. You may terminate your membership at any
time, for any reason by following the instructions on the Member
Services page of the Service, or upon receipt by Us of Your written or
email notice of termination. Either You or We may terminate your
membership by deactivating your profile, at any time, for any reason,
with or without explanation, effective upon sending written or email
notice to the other party. Upon such termination by Us without cause,
We shall refund, pro rata, any unused portion of any subscription
payments that We have received from You. In the event that (a)
You terminate your subscription or membership or (b) We determine, in
our sole discretion, that You have violated this Agreement or our
posted Privacy Policy, You shall not be entitled to nor shall We be
liable to You for any refund of any unused portion of any subscription
payments the We have received from You, and We may continue to bar Your
use of the Service in the future. Even after membership is terminated,
this Agreement will remain in effect.
PROPRIETARY RIGHTS:
We do not claim ownership of the content you place on Your profile,
Your Journals, or Your photo album. You represent and warrant to Us
that the information posted in Your profile including Your photographs
are posted by You and that You are the exclusive author of Your profile
and the exclusive owner of Your photographs. In addition, other Members
may post copyrighted information, which has copyright protection,
whether or not it is identified as copyrighted. Except for that
information which is in the public domain or for which You have been
given express written permission, You will not copy, modify, publish,
transmit, distribute, perform, display, or sell any such proprietary
information. By posting information, photographs or content on any
Service, You automatically grant, and You represent and warrant that
You have the right to grant, to Us and other members, free of charge,
an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid,
worldwide license to use, copy, perform, display, promote, publish and
distribute such information, content and photographs and to prepare
derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sub-licenses of the foregoing.
YOUR USE OF THE SERVICE: As a Member, You agree that:
(1)
You will use the Service in a manner consistent with any and all
applicable laws and regulations. You will not include in Your profile
any telephone numbers, street addresses, last names, URL's or email
addresses, other than where You are specifically asked for such
information in the Confidential Personal Information section of the
Service. You will not engage in advertising to, or solicitation of,
other members to buy or sell any products or services through the
Service. You will not transmit any chain letters or junk email to other
members. To protect Our members against such conduct, We currently
impose a 25 message-per-day limit on subscribers. You are solely
responsible for Your interactions with other members. We reserve the
right, but have no obligation, to monitor and/or mediate disputes
between You and other members.
(2) You are solely
responsible for the content or information You publish or display
(hereinafter, "post") on the Service, or transmit to other members. You
will not post on the Service, or transmit to other members or to Us or
Our employees, any defamatory, inaccurate, abusive, obscene, profane,
offensive, sexually oriented, threatening, harassing, racially
offensive, or illegal material, or any material that infringes or
violates another party's rights (including, but not limited to,
intellectual property rights, and rights of privacy and publicity). You
will not include in Your profile any offensive anatomical or sexual
references, or offensive sexually suggestive or connotative language,
and You will not post any photos containing nudity or personal
information. We reserve the right, but We have no obligation, to reject
any profile or photo that does not comply with the prohibitions set
forth in this section and, to the extent that We determine, in Our sole
discretion, to do so, You shall not be entitled to a refund of any
unused subscription payments that We have received from You.
(3)
Email communications sent from Us or through Us are designed to make
your online experience enjoyable. By becoming a member, You
specifically agree to accept and consent to receiving email
communications initiated from Us or through Us including, without
limitation: message notification emails, “Your Match” emails, emails
informing you about events and parties We organize, emails informing
You of promotions We run and emails informing You of changes to the
Service. Should You not wish to receive any of Our email
communications, please do not register with Us for the Service.
(4)
You agree that We have no responsibility or liability for the deletion,
corruption or failure to store any messages or other content maintained
or transmitted by Our Service. You acknowledge that features,
parameters or other services We provide may change at any time. You
acknowledge that We reserve the right to sign out, terminate, delete or
purge Your account from the Service if it is inactive. "Inactive" means
that you have not signed in to the Service for a particular period of
time, as determined by Us, in Our sole discretion (currently, we
consider an account to be Inactive after 12 months).
(5)
Our customer service employees are here to make your online experience
enjoyable by providing assistance and guidance to You. When speaking to
Our customer service employees on the phone or communicating with them
by any other means, You undertake not to be abusive, obscene, profane,
offensive, sexually oriented, threatening, harassing or racially
offensive. Should any of Our customer service employees feel, at any
given point, threatened or offended by Your conduct, We reserve the
right to immediately terminate Your membership and You shall not be
entitled to the refund of any subscription payments We have received
from You.
We are entitled to investigate and
terminate Your membership if You have misused the Service, or behaved
in a way which could be regarded as inappropriate, unlawful or illegal.
The following is a partial, but not exhaustive, list of the types of
actions that are illegal or prohibited under this Agreement:
(a) You will not impersonate any person or entity.
(b) You will not "stalk" or otherwise harass any person.
(c) You will not express or imply that any statements You make are
endorsed by Us, without Our specific prior written consent.
(d) You will not use any robot, spider, site search/retrieval
application, or other manual or automatic device or process to
retrieve, index, "data mine," or, in any way reproduce or circumvent
the navigational structure or presentation of the Service or its
contents.
(e) You will not post, distribute or reproduce, in any way, any
copyrighted material, trademarks, or other proprietary information
without obtaining the prior consent of the owner of such proprietary
rights.
(f) You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
(g) You will not interfere with or disrupt any Service or any site,
servers or networks connected to any Service or site.
(h) You will not post, email or otherwise transmit any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment.
(i) You will not forge headers or otherwise manipulate identifiers in
order to disguise the origin of any information transmitted through the
Service.
(j) You will not "frame" or "mirror" any part of the Service, without Our specific prior written consent.
(k) You will not use meta tags or code or other devices containing any
reference to Us or the Service or the site connected to the Service in
order to direct any person to any other web site for any purpose.
(l) You will not modify, adapt, sublicense, translate, sell, reverse
engineer, decipher, decompile or otherwise disassemble any portion of
the Service or any software used on or for the Service or cause or
enable others to do so.
INDEMNITY BY MEMBER:
You will defend, indemnify, and hold Us and Our officers, directors,
employees, agents and third parties harmless, for any losses, costs,
liabilities and expenses (including reasonable attorneys' fees)
relating to or arising out of Your use of the Service, including:
(I)
Your breach of this Agreement; (II) any allegation that any materials
that You submit to Us or transmit to the Service infringe or otherwise
violate the copyright, trademark, trade secret or other intellectual
property or other rights of any third party; and/or (III) Your
activities in connection with the Service. This indemnity shall be
applicable without regard to the negligence of any party, including any
indemnified person.
ONLINE CONTENT:
Opinions, advice, statements, offers, or other information or content
made available through the Service, but not directly by Us, are those
of their respective authors, and should not necessarily be relied upon.
Such authors are solely responsible for such content. WE DO NOT
GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION
ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE
FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT
MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES ARE BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON
INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO
MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO
OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE
SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN
OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR
THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY
RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC
AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT
BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE
GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED
BY APPLICABLE LAW.
INTELLECTUAL PROPERTY.
All intellectual property rights in and to the Service are and shall be
owned by Us, absolutely. Those rights include, but are not
limited to, database rights, copyright, design rights (whether
registered or unregistered), trademarks (whether registered or
unregistered) and other similar rights, wherever existing in the world,
together with the right to apply for protection of the same. All other
trademarks, logos, service marks, company or product names set forth in
Service are the property of their respective owners.
PRIVACY:
The personal information (including sensitive personal information) You
provide to Us will be stored on computers. You consent to Our using
this information to build up a profile of interests, preferences and
browsing patterns and to allow You to participate in the Service. You
also agree to read, review, comply with, uphold and maintain Our
Privacy Policy and the terms and conditions thereof. If you are located
outside of the United States, please note that the information that you
provide is being sent to the United States. By becoming a member of the
Service, you consent to your data being sent to the United States and
to such other third parties and jurisdictions as may be involved in the
provision and operation of the Service...
DISCLAIMERS:
WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF
ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH OUR
REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO
NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED,
ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED WE
DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO,
CONNECTIVITY AND AVAILABILITY.
Although each member
must agree to Our terms and conditions, We cannot guarantee that each
member is at least the required minimum age, nor do we accept
responsibility or liability for any content, communication or other use
or access of the Service by persons under the age of 18 in violation of
this Agreement. Also, it is possible that other members or users
(including unauthorized users, or "hackers") may post or transmit
offensive or obscene materials on the Service and that You may be
involuntarily exposed to such offensive and obscene materials. It also
is remotely possible for others to obtain personal information about
You due to Your use of the Service, and that the recipient may use such
information to harass or injure You. We are not responsible for the use
of any personal information that You disclose on the Service. Please
carefully select the type of information that You post on the Service
or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM
OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS
(INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR
DURING THE USE OF THE SERVICE OR OTHERWISE.
LIMITATION OF LIABILITY:
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR
SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER
THAN YOU. 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 FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS
REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE
LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR
CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING,
WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING
WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU VIA
THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL
DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
COMPLAINTS:
To resolve a complaint regarding the Service, You should first contact
Our customer service department by clicking: contact us.
DISPUTE RESOLUTION:
This Agreement is governed by the laws of the State of California
without regard to its conflict of law provisions. You agree to personal
jurisdiction by and venue in the state and federal courts of the State
of California, City of San Jose. This Agreement shall not be governed
by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is hereby expressly excluded.
You
certify that You have read and that You agree to be bound by the terms
and conditions in this Agreement and our Privacy Policy.
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