The website
located at http://ramadanna2017.blogspot.com/ is a copyrighted work belonging
to ramadan 2017. Certain features of the Site may be subject to
additional guidelines, terms, or rules, which will be posted on the Site in
connection with such features. All such additional terms, guidelines, and
rules are incorporated by reference into these Terms.
These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
- Accounts
- Account
Responsibilities. You are responsible for
maintaining the confidentiality of your Account login information and are
fully responsible for all activities that occur under your Account. You
approve to immediately notify the Company of any unauthorized use, or
suspected unauthorized use of your Account. Company cannot and will
not be liable for any loss or damage arising from your failure to comply
with the above requirements.
- Access
to the Site
- Subject
to these Terms, Company grants you a non-transferable, non-exclusive,
revocable, limited license to access the Site solely for your own
personal, noncommercial use.
- Certain
Restrictions. The rights approved to you in
these Terms are subject to the following restrictions: (a) you shall not
sell, rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Site; (b) you shall not change, make derivative
works of, disassemble, reverse compile or reverse engineer any part of
the Site; (c) you shall not access the Site in order to build a similar
or competitive website; and (d) except as expressly stated herein, no
part of the Site may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means
unless otherwise indicated, any future release, update, or other addition
to functionality of the Site shall be subject to these Terms. All
copyright and other proprietary notices on the Site must be retained on
all copies thereof.
- Company
reserves the right to change, suspend, or cease the Site with or without
notice to you. You approved that Company will not be held liable to
you or any third-party for any change, interruption, or termination of
the Site or any part.
- No
Support or Maintenance. You agree that Company will
have no obligation to provide you with any support in connection with the
Site.
- Excluding
any User Content that you may provide, you are aware that all the
intellectual property rights, including copyrights, patents, trademarks,
and trade secrets, in the Site and its content are owned by Company or
Company’s suppliers. Note that these Terms and access to the Site do not
give you any rights, title or interest in or to any intellectual property
rights, except for the limited access rights expressed in Section 2.1.
Company and its suppliers reserve all rights not granted in these Terms.
- User
Content
o
- Acceptable
Use Policy. The following terms
constitute our “Acceptable
Use Policy”:
- You
agree not to use the Site to collect, upload, transmit, display, or
distribute any User Content (i) that violates any third-party right or
any intellectual property or proprietary right; (ii) that is unlawful,
harassing, abusive, tortious, threatening, harmful, invasive of
another’s privacy, vulgar, defamatory, false, intentionally misleading,
trade libelous, pornographic, obscene, patently offensive, promotes
racism, bigotry, hatred, or physical harm of any kind against any group
or individual; (iii) that is harmful to minors in any way; or (iv) that
is in violation of any law, regulation, or obligations or restrictions
imposed by any third party.
- In
addition, you agree not to: (i) upload, transmit, or distribute to or
through the Site any software intended to damage or alter a computer
system or data; (ii) send through the Site unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, or any other form of duplicative or unsolicited
messages; (iii) use the Site to harvest, collect, gather or assemble
information or data regarding other users without their consent; (iv)
interfere with, disrupt, or create an undue burden on servers or
networks connected to the Site, or violate the regulations, policies or
procedures of such networks; (v) attempt to gain unauthorized access to
the Site, whether through password mining or any other means; (vi)
harass or interfere with any other user’s use and enjoyment of the Site;
or (vi) use software or automated agents or scripts to produce multiple
accounts on the Site, or to generate automated searches, requests, or
queries to the Site.
- We
reserve the right to review any User Content, and to investigate and/or
take appropriate action against you in our sole discretion if you violate
the Acceptable Use Policy or any other provision of these Terms or
otherwise create liability for us or any other person. Such action may
include removing or modifying your User Content, terminating your Account
in accordance with Section 8, and/or reporting you to law enforcement
authorities.
- If
you provide Company with any feedback or suggestions regarding the Site,
you hereby assign to Company all rights in such Feedback and agree that
Company shall have the right to use and fully exploit such Feedback and
related information in any manner it believes appropriate. Company
will treat any Feedback you provide to Company as non-confidential and
non-proprietary.
- You
agree to indemnify and hold Company and its officers, employees, and
agents harmless, including costs and attorneys’ fees, from any claim or
demand made by any third-party due to or arising out of (a) your use of
the Site, (b) your violation of these Terms, (c) your violation of
applicable laws or regulations or (d) your User Content. Company
reserves the right to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to
cooperate with our defense of these claims. You agree not to settle
any matter without the prior written consent of Company. Company
will use reasonable efforts to notify you of any such claim, action or
proceeding upon becoming aware of it.
- Third-Party
Links & Ads; Other Users
- Third-Party
Links & Ads. The Site may contain links to third-party
websites and services, and/or display advertisements for
third-parties. Such Third-Party Links & Ads are not under the
control of Company, and Company is not responsible for any Third-Party
Links & Ads. Company provides access to these Third-Party Links
& Ads only as a convenience to you, and does not review, approve,
monitor, endorse, warrant, or make any representations with respect to
Third-Party Links & Ads. You use all Third-Party Links &
Ads at your own risk, and should apply a suitable level of caution and
discretion in doing so. When you click on any of the Third-Party Links
& Ads, the applicable third party’s terms and policies apply,
including the third party’s privacy and data gathering practices.
- Other
Users. Each Site user is solely
responsible for any and all of its own User Content. Because we do
not control User Content, you acknowledge and agree that we are not
responsible for any User Content, whether provided by you or by
others. You agree that Company will not be responsible for any loss
or damage incurred as the result of any such interactions. If there
is a dispute between you and any Site user, we are under no obligation to
become involved.
- You
hereby release and forever discharge the Company and our officers,
employees, agents, successors, and assigns from, and hereby waive and
relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of
action of every kind and nature, that has arisen or arises directly or
indirectly out of, or that relates directly or indirectly to, the Site.
If you are a California resident, you hereby waive California civil code
section 1542 in connection with the foregoing, which states: “a general
release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the
release, which if known by him or her must have materially affected his
or her settlement with the debtor.”
- Disclaimers
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
- Limitation
on Liability
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- Term
and Termination. Subject to this Section, these
Terms will remain in full force and effect while you use the Site.
We may suspend or terminate your rights to use the Site at any time for
any reason at our sole discretion, including for any use of the Site in
violation of these Terms. Upon termination of your rights under
these Terms, your Account and right to access and use the Site will
terminate immediately. You understand that any termination of your
Account may involve deletion of your User Content associated with your
Account from our live databases. Company will not have any liability
whatsoever to you for any termination of your rights under these
Terms. Even after your rights under these Terms are terminated, the
following provisions of these Terms will remain in effect: Sections 2
through 2.5, Section 3 and Sections 4 through 10.
- Copyright
Policy.
- your
physical or electronic signature;
- identification
of the copyrighted work(s) that you claim to have been infringed;
- identification
of the material on our services that you claim is infringing and that you
request us to remove;
- sufficient
information to permit us to locate such material;
- your
address, telephone number, and e-mail address;
- a
statement that you have a good faith belief that use of the objectionable
material is not authorized by the copyright owner, its agent, or under the
law; and
- a
statement that the information in the notification is accurate, and under
penalty of perjury, that you are either the owner of the copyright that
has allegedly been infringed or that you are authorized to act on behalf
of the copyright owner.
- General
- These
Terms are subject to occasional revision, and if we make any substantial
changes, we may notify you by sending you an e-mail to the last e-mail
address you provided to us and/or by prominently posting notice of the
changes on our Site. You are responsible for providing us with your
most current e-mail address. In the event that the last e-mail
address that you have provided us is not valid our dispatch of the e-mail
containing such notice will nonetheless constitute effective notice of
the changes described in the notice. Any changes to these Terms
will be effective upon the earliest of thirty (30) calendar days
following our dispatch of an e-mail notice to you or thirty (30) calendar
days following our posting of notice of the changes on our Site.
These changes will be effective immediately for new users of our
Site. Continued use of our Site following notice of such changes
shall indicate your acknowledgement of such changes and agreement to be
bound by the terms and conditions of such changes.
- Dispute
Resolution. Please read this Arbitration
Agreement carefully. It is part of your contract with Company and affects
your rights. It contains procedures for MANDATORY BINDING
ARBITRATION AND A CLASS ACTION WAIVER.
- Applicability
of Arbitration Agreement. All claims and disputes in
connection with the Terms or the use of any product or service provided
by the Company that cannot be resolved informally or in small claims
court shall be resolved by binding arbitration on an individual basis
under the terms of this Arbitration Agreement. Unless otherwise
agreed to, all arbitration proceedings shall be held in English.
This Arbitration Agreement applies to you and the Company, and to any
subsidiaries, affiliates, agents, employees, predecessors in interest,
successors, and assigns, as well as all authorized or unauthorized users
or beneficiaries of services or goods provided under the Terms.
- Notice
Requirement and Informal Dispute Resolution.
Before either party may seek arbitration, the party must first send to
the other party a written Notice of Dispute describing the nature and
basis of the claim or dispute, and the requested relief. A Notice
to the Company should be sent to: diabat, 82752, cairo. After the Notice
is received, you and the Company may attempt to resolve the claim or
dispute informally. If you and the Company do not resolve the
claim or dispute within thirty (30) days after the Notice is received,
either party may begin an arbitration proceeding. The amount of
any settlement offer made by any party may not be disclosed to the
arbitrator until after the arbitrator has determined the amount of the
award to which either party is entitled.
- Arbitration
Rules. Arbitration shall be initiated through the American Arbitration
Association, an established alternative dispute resolution provider that
offers arbitration as set forth in this section. If AAA is not
available to arbitrate, the parties shall agree to select an alternative
ADR Provider. The rules of the ADR Provider shall govern all
aspects of the arbitration except to the extent such rules are in
conflict with the Terms. The AAA Consumer Arbitration Rules
governing the arbitration are available online at adr.org or by calling the AAA
at 1-800-778-7879. The arbitration shall be conducted by a single,
neutral arbitrator. Any claims or disputes where the total amount
of the award sought is less than Ten Thousand U.S. Dollars (US
$10,000.00) may be resolved through binding non-appearance-based
arbitration, at the option of the party seeking relief. For claims
or disputes where the total amount of the award sought is Ten Thousand
U.S. Dollars (US $10,000.00) or more, the right to a hearing will be
determined by the Arbitration Rules. Any hearing will be held in a
location within 100 miles of your residence, unless you reside outside
of the United States, and unless the parties agree otherwise. If
you reside outside of the U.S., the arbitrator shall give the parties
reasonable notice of the date, time and place of any oral hearings. Any
judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction. If the arbitrator grants you an
award that is greater than the last settlement offer that the Company
made to you prior to the initiation of arbitration, the Company will pay
you the greater of the award or $2,500.00. Each party shall bear
its own costs and disbursements arising out of the arbitration and shall
pay an equal share of the fees and costs of the ADR Provider.
- Additional
Rules for Non-Appearance Based Arbitration.
If non-appearance based arbitration is elected, the arbitration shall be
conducted by telephone, online and/or based solely on written
submissions; the specific manner shall be chosen by the party initiating
the arbitration. The arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise agreed by the
parties.
- Time
Limits. If you or the Company
pursues arbitration, the arbitration action must be initiated and/or
demanded within the statute of limitations and within any deadline
imposed under the AAA Rules for the pertinent claim.
- Authority
of Arbitrator. If arbitration is initiated,
the arbitrator will decide the rights and liabilities of you and the
Company, and the dispute will not be consolidated with any other matters
or joined with any other cases or parties. The arbitrator shall
have the authority to grant motions dispositive of all or part of any
claim. The arbitrator shall have the authority to award monetary
damages, and to grant any non-monetary remedy or relief available to an
individual under applicable law, the AAA Rules, and the Terms. The
arbitrator shall issue a written award and statement of decision
describing the essential findings and conclusions on which the award is
based. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The
award of the arbitrator is final and binding upon you and the Company.
- Waiver
of Jury Trial. THE PARTIES HEREBY WAIVE
THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A
TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims
and disputes shall be resolved by arbitration under this Arbitration
Agreement. Arbitration procedures are typically more limited, more
efficient and less expensive than rules applicable in a court and are
subject to very limited review by a court. In the event any
litigation should arise between you and the Company in any state or
federal court in a suit to vacate or enforce an arbitration award or
otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead
electing that the dispute be resolved by a judge.
- Waiver
of Class or Consolidated Actions. All
claims and disputes within the scope of this arbitration agreement must
be arbitrated or litigated on an individual basis and not on a class
basis, and claims of more than one customer or user cannot be arbitrated
or litigated jointly or consolidated with those of any other customer or
user.
- Confidentiality.
All aspects of the arbitration proceeding shall be strictly
confidential. The parties agree to maintain confidentiality unless
otherwise required by law. This paragraph shall not prevent a
party from submitting to a court of law any information necessary to
enforce this Agreement, to enforce an arbitration award, or to seek
injunctive or equitable relief.
- Severability.
If any part or parts of this Arbitration Agreement are found under the
law to be invalid or unenforceable by a court of competent jurisdiction,
then such specific part or parts shall be of no force and effect and
shall be severed and the remainder of the Agreement shall continue in full
force and effect.
- Right
to Waive. Any or all of the rights and
limitations set forth in this Arbitration Agreement may be waived by the
party against whom the claim is asserted. Such waiver shall not
waive or affect any other portion of this Arbitration Agreement.
- Survival
of Agreement. This Arbitration Agreement
will survive the termination of your relationship with Company.
- Small
Claims Court. Nonetheless the foregoing,
either you or the Company may bring an individual action in small claims
court.
- Emergency
Equitable Relief. Anyhow the foregoing,
either party may seek emergency equitable relief before a state or
federal court in order to maintain the status quo pending
arbitration. A request for interim measures shall not be deemed a
waiver of any other rights or obligations under this Arbitration
Agreement.
- Claims
Not Subject to Arbitration. Notwithstanding the
foregoing, claims of defamation, violation of the Computer Fraud and
Abuse Act, and infringement or misappropriation of the other party’s patent,
copyright, trademark or trade secrets shall not be subject to this
Arbitration Agreement.
- In
any circumstances where the foregoing Arbitration Agreement permits the
parties to litigate in court, the parties hereby agree to submit to the
personal jurisdiction of the courts located within Netherlands County,
California, for such purposes.
- The
Site may be
subject to U.S. export control laws and may be subject to export or
import regulations in other countries. You agree not to export,
re-export, or transfer, directly or indirectly, any U.S. technical data
acquired from Company, or any products utilizing such data, in violation
of the United States export laws or regulations.
- Company
is located at the address in Section 10.8. If you are a California
resident, you may report complaints to the Complaint Assistance Unit of
the Division of Consumer Product of the California Department of Consumer
Affairs by contacting them in writing at 400 R Street, Sacramento, CA
95814, or by telephone at (800) 952-5210.
- Electronic
Communications. The communications between
you and Company use electronic means, whether you use the Site or send us
emails, or whether Company posts notices on the Site or communicates with
you via email. For contractual purposes, you (a) consent to receive
communications from Company in an electronic form; and (b) agree that all
terms and conditions, agreements, notices, disclosures, and other
communications that Company provides to you electronically satisfy any
legal obligation that such communications would satisfy if it were be in
a hard copy writing.
- Entire
Terms. These Terms constitute the
entire agreement between you and us regarding the use of the Site. Our
failure to exercise or enforce any right or provision of these Terms
shall not operate as a waiver of such right or provision. The section
titles in these Terms are for convenience only and have no legal or
contractual effect. The word “including” means “including without
limitation”. If any provision of these Terms is held to be invalid or
unenforceable, the other provisions of these Terms will be unimpaired and
the invalid or unenforceable provision will be deemed modified so that it
is valid and enforceable to the maximum extent permitted by law.
Your relationship to Company is that of an independent contractor, and
neither party is an agent or partner of the other. These Terms, and
your rights and obligations herein, may not be assigned, subcontracted, delegated,
or otherwise transferred by you without Company’s prior written consent,
and any attempted assignment, subcontract, delegation, or transfer in
violation of the foregoing will be null and void. Company may
freely assign these Terms. The terms and conditions set forth in
these Terms shall be binding upon assignees.
- Copyright/Trademark
Information. Copyright © 2017. All rights
reserved. All trademarks, logos and service marks displayed on the
Site are our property or the property of other third-parties. You are not
permitted to use these Marks without our prior written consent or the
consent of such third party which may own the Marks.
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