AGREEMENT TO TERMS
These Terms and
Conditions constitute a legally binding agreement made between you,
whether personally or on
behalf of an entity (“you”) and mahmoudnabhan.com (“we,”
“us” or
“our”),
concerning your access to and use of the mahmoudnabhan.com website as well as any
other media form, media
channel, mobile website or mobile application related, linked, or
otherwise connected
thereto (collectively, the “Site”). You agree that by accessing the
Site,
you have read,
understood, and agree to be bound by all of these Terms and Conditions Use.
IF YOU DO NOT AGREE WITH
ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE
EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and
conditions or documents that may be posted on the Site from time to
time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make
changes or modifications to these Terms and Conditions at any time and
for any reason. We will
alert you about any changes by updating the “Last updated” date
of
these Terms and
Conditions and you waive any right to receive specific notice of each such
change. It is your
responsibility to periodically review these Terms and Conditions to stay
informed of updates. You
will be subject to, and will be deemed to have been made aware of
and to have accepted,
the changes in any revised Terms and Conditions by your continued
use of the Site after
the date such revised Terms are posted.
The information provided
on the Site is not intended for distribution to or use by any person or
entity in any
jurisdiction or country where such distribution or use would be contrary to law
or
regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly,
those persons who choose to access the Site from other locations do so
on their own initiative
and are solely responsible for compliance with local laws, if and to the
extent local laws are
applicable.
These Terms and
Conditions were generated by Termly’s Terms and Conditions
Generator.
Option 1: The Site is
intended for users who are at least 18 years old. Persons under the age
of 13 are not permitted
to register for the Site.
Option 2: [The Site is
intended for users who are at least 13 years of age.] All users who are
minors in the
jurisdiction in which they reside (generally under the age of 18) must have
the
permission of, and be
directly supervised by, their parent or guardian to use the Site. If you
are a minor, you must
have your parent or guardian read and agree to these Terms of Use
prior to you using
the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise
indicated, the Site is our proprietary property and all source code,
databases,
functionality, software, website designs, audio, video, text, photographs,
and
graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and
logos
contained therein
(the “Marks”) are owned or controlled by us or licensed to us, and
are
protected by
copyright and trademark laws and various other intellectual property rights
and
unfair competition
laws of the United States, foreign jurisdictions, and international
conventions. The
Content and the Marks are provided on the Site “AS IS” for your
information
and personal use
only. Except as expressly provided in these Terms of Use, no part of the
Site and no Content
or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are
eligible to use the Site, you are granted a limited license to access and
use the Site and to
download or print a copy of any portion of the Content to which you have
properly gained
access solely for your personal, non-commercial use. We reserve all rights
not expressly granted
to you in and to the Site, Content and the Marks.
USER REPRESENTATIONS
By using the Site,
you represent and warrant that: [(1) all registration information you submit
will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such
information and
promptly update such registration information as necessary;] (3) you have the
legal capacity and
you agree to comply with these Terms of Use; [(4) you are not under the
age of 13;] (5) not a
minor in the jurisdiction in which you reside[, or if a minor, you have
received parental
permission to use the Site]; (6) you will not access the Site through
automated or
non-human means, whether through a bot, script or otherwise; (7) you will not
use the Site for any
illegal or unauthorized purpose; and (8) your use of the Site will not
violate
any applicable law or
regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have
the right to suspend
or terminate your account and refuse any and all current or future use of
the Site (or any
portion thereof).
USER REGISTRATION
You may be required
to register with the Site. You agree to keep your password confidential
and will be
responsible for all use of your account and password. We reserve the right to
remove, reclaim, or
change a username you select if we determine, in our sole discretion, that
such username is
inappropriate, obscene, or otherwise objectionable.
PROHIBITED
ACTIVITIES
You may not access or use the Site for
any purpose other than that for which we make the
Site available. The
Site may not be used in connection with any commercial endeavors except
those that are
specifically endorsed 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 written permission
from us.
2. 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.
3. use a buying agent
or purchasing agent to make purchases on the Site.
4. use the Site to
advertise or offer to sell goods and services.
5. circumvent,
disable, or otherwise interfere with security-related features of the Site,
including features
that prevent or restrict the use or copying of any Content or enforce
limitations on the
use of the Site and/or the Content contained therein.
6. engage in
unauthorized framing of or linking to the Site.
7. trick, defraud, or
mislead us and other users, especially in any attempt to learn sensitive
account information
such as user passwords;
8. make improper use
of our support services or submit false reports of abuse or
misconduct.
9. 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.
10. interfere with,
disrupt, or create an undue burden on the Site or the networks or services
connected to the
Site.
11. attempt to
impersonate another user or person or use the username of another user.
12. sell or otherwise
transfer your profile.
13. use any
information obtained from the Site in order to harass, abuse, or harm another
person.
14. use the Site as
part of any effort to compete with us or otherwise use the Site and/or the
Content for any
revenue-generating endeavor or commercial enterprise.
15. decipher,
decompile, disassemble, or reverse engineer any of the software comprising
or in any way making
up a part of the Site.
16. attempt to bypass
any measures of the Site designed to prevent or restrict access to the
Site, or any portion
of the Site.
17.harass, annoy,
intimidate, or threaten any of our employees or agents engaged in
providing any portion
of the Site to you.
18. delete the
copyright or other proprietary rights notice from any Content.
19. copy or adapt the
Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other
code.
25. upload or
transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other
material, including
excessive use of capital letters and spamming (continuous posting of
repetitive text),
that interferes with any party’s uninterrupted use and enjoyment of the
Site or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or
maintenance of the Site.
21. upload or
transmit (or attempt to upload or to transmit) any material that acts as a
passive or active
information collection or transmission mechanism, including without
limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or
other similar
devices
(sometimes referred
to as
“spyware”
or
“passive
collection
mechanisms” or
“pcms”).
22. except as may be
the result of standard search engine or Internet browser usage, use,
launch, develop, or
distribute any automated system, including without limitation, any
spider, robot, cheat
utility, scraper, or offline reader that accesses the Site, or using or
launching any
unauthorized script or other software.
23. disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. use the Site in a
manner inconsistent with any applicable laws or regulations.
25. [other]
USER GENERATED CONTRIBUTIONS
The Site may invite
you to chat, contribute to, or participate in blogs, message boards, online
forums, and other
functionality, and may provide you with the opportunity to create, submit,
post, display,
transmit, perform, publish, distribute, or broadcast content and materials to
us
or on the Site,
including but not limited to text, writings, video, audio, photographs,
graphics,
comments,
suggestions, or personal information or other material
(collectively,
"Contributions").
Contributions may be viewable by other users of the Site and through third-
party websites. As
such, any Contributions you transmit may be treated as non-confidential
and non-proprietary.
When you create or make available any Contributions, you thereby
represent and warrant
that:
1. the creation,
distribution, transmission, public display, or performance, and the
accessing,
downloading, or copying of your Contributions do not and will not infringe
the
proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral
rights of any third party.
2. you are the
creator and owner of or have the necessary licenses, rights, consents,
releases, and
permissions to use and to authorize us, the Site, and other users of the
Site to use your
Contributions in any manner contemplated by the Site and these Terms
of Use.
3. you have the
written consent, release, and/or permission of each and every identifiable
individual person in
your Contributions to use the name or likeness of each and every
such identifiable
individual person to enable inclusion and use of your Contributions in
any manner
contemplated by the Site and these Terms of Use.
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, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or
otherwise objectionable (as determined by us).
7. your Contributions
do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. your Contributions
do not advocate the violent overthrow of any government or incite,
encourage, or
threaten physical harm against another.
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 exploits people under the age of 18 in a sexual or violent
manner.
12. your
Contributions do not violate any federal or state law concerning child
pornography,
or otherwise intended
to protect the health or well-being of minors;
13. your
Contributions do not include any offensive comments that are connected to
race,
national origin,
gender, sexual preference, or physical handicap.
14. your
Contributions do not otherwise violate, or link to material that violates, any
provision
of these Terms of
Use, or any applicable law or regulation.
Any use of the Site
in violation of the foregoing violates these Terms of Use and may result
in, among other
things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your
Contributions to any part of the Site [or making Contributions accessible to
the Site by linking
your account from the Site to any of your social networking accounts], you
automatically grant,
and you represent and warrant that you have the right to grant, to us an
unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-
paid, worldwide
right, and license to host, use, copy, reproduce, disclose, sell, resell,
publish,
broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat,
translate,
transmit, excerpt (in
whole or in part), and distribute such Contributions (including, without
limitation, your
image and voice) for any purpose, commercial, advertising, or otherwise, and
to prepare derivative
works of, or incorporate into other works, such Contributions, and grant
and authorize
sublicenses of the foregoing. The use and distribution may occur 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 you provide.
You waive all moral rights in your Contributions, and you warrant that
moral rights have not
otherwise been 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 liable for any statements or representations in
your
Contributions
provided by you in any area on the Site. You are solely responsible for your
Contributions to the
Site and you expressly agree to exonerate us from any and all
responsibility and to
refrain from any legal action against us regarding your Contributions.
We have the right, in
our sole and absolute discretion, (1) to edit, redact, or otherwise change
any Contributions;
(2) to re-categorize any Contributions to place them in more appropriate
locations on the
Site; and (3) to pre-screen or delete any Contributions at any time and for
any
reason, without
notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you
areas on the Site to leave reviews or ratings. When posting a review,
you must comply with
the following criteria: (1) you should have firsthand experience with the
person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or
abusive, racist,
offensive, or hate language; (3) your reviews should not contain
discriminatory
references based on
religion, race, gender, national origin, age, marital status, sexual
orientation, or
disability; (4) your reviews should not contain references to illegal activity;
(5)
you should not be
affiliated with competitors if posting negative reviews; (6) you should not
make any conclusions
as to the legality of conduct; (7) you may not post any false or
misleading
statements; and (8) you may not organize a campaign encouraging others to
post
reviews, whether
positive or negative.
We may accept,
reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen
reviews or to delete reviews, even if anyone considers reviews
objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily represent
our opinions or the
views of any of our affiliates or partners. We do not assume liability for
any
review or for any
claims, liabilities, or losses resulting from any review. By posting a
review,
you hereby grant to
us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid,
assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by
any means, display,
perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you access the
Site via a mobile application, then we grant you a revocable, non-exclusive,
non-transferable,
limited right to install and use the mobile application on wireless
electronic
devices owned or
controlled by you, and to access and use the mobile application on such
devices strictly in
accordance with the terms and conditions of this mobile application license
contained in these
Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble,
attempt to derive the
source code of, or decrypt the application; (2) make any modification,
adaptation,
improvement, enhancement, translation, or derivative work from the
application;
(3) violate any
applicable laws, rules, or regulations in connection with your access or use
of
the application; (4)
remove, alter, or obscure any proprietary notice (including any notice of
copyright or
trademark) posted by us or the licensors of the application; (5) use the
application
for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is
not designed or
intended; (6) make the application available over a network or other
environment
permitting access or use by multiple devices or users at the same time; (7)
use
the application for
creating a product, service, or software that is, directly or indirectly,
competitive with or
in any way a substitute for the application; (8) use the application to send
automated queries to
any website or to send any unsolicited commercial e-mail; or (9) use
any proprietary
information or any of our interfaces or our other intellectual property in
the
design, development,
manufacture, licensing, or distribution of any applications, accessories,
or devices for use
with the application.
Apple and Android Devices
The following terms
apply when you use a mobile application obtained from either the Apple
Store or Google Play
(each an “App Distributor”) to access the Site: (1) the license granted
to
you for our mobile
application is limited to a non-transferable license to use the application
on
a device that
utilizes the Apple iOS or Android operating systems, as applicable, and in
accordance with the
usage rules set forth in the applicable App Distributor’s terms of
service;
(2) we are
responsible for providing any maintenance and support services with respect to
the
mobile application as
specified in the terms and conditions of this mobile application license
contained in these
Terms of Use or as otherwise required under applicable law, and you
acknowledge that each
App Distributor has no obligation whatsoever to furnish any
maintenance and
support services with respect to the mobile application; (3) in the event of
any failure of the
mobile application to conform to any applicable warranty, you may notify the
applicable App
Distributor, and the App Distributor, in accordance with its terms and
policies,
may refund the
purchase price, if any, paid for the mobile application, and to the maximum
extent permitted by
applicable law, the App Distributor will have no other warranty obligation
whatsoever with
respect to the mobile application; (4) you represent and warrant that (i) you
are not located in a
country that is subject to a U.S. government embargo, or that has been
designated by the
U.S. government as a “terrorist supporting” country and (ii) you are not
listed
on any U.S.
government list of prohibited or restricted parties; (5) you must comply with
applicable
third-party terms of agreement when using the mobile application, e.g., if you
have
a VoIP application,
then you must not be in violation of their wireless data service agreement
when using the mobile
application; and (6) you acknowledge and agree that the App
Distributors are
third-party beneficiaries of the terms and conditions in this mobile
application
license contained in
these Terms of Use, and that each App Distributor will have the right (and
will be deemed to
have accepted the right) to enforce the terms and conditions in this mobile
application license
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 online accounts you
have with third-party
service providers (each such account, a “Third-Party Account”) by
either:
(1) providing your
Third-Party Account login information through the Site; or (2) allowing us to
access your
Third-Party Account, as is permitted under the applicable terms and
conditions
that govern your use
of each Third-Party Account. You represent and warrant that you are
entitled to disclose
your Third-Party Account login information to us and/or grant us access to
your Third-Party
Account, without breach by you of any of the terms and conditions that govern
your use of the
applicable Third-Party Account, and without obligating us to pay any fees or
making us subject to
any usage limitations imposed by the third-party service provider of the
Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that
(1) we may access,
make available, and store (if applicable) any content that you have
provided to and
stored in your Third-Party Account (the “Social Network Content”) so
that it is
available on and
through the Site via your account, including without limitation any friend
lists
and (2) we may submit
to and receive from your Third-Party Account additional information to
the extent you are
notified when you link your account with the Third-Party Account.
Depending on the
Third-Party Accounts you choose and subject to the privacy settings that
you have set in such
Third-Party Accounts, personally identifiable information that you post to
your Third-Party
Accounts may be available on and through your account on the Site. Please
note that if a
Third-Party Account or associated service becomes unavailable or our access
to
such Third-Party
Account is terminated by the third-party service provider, then Social
Network
Content may no longer
be available on and through the Site. You will have the ability to disable
the connection
between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED
WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to
review any Social Network Content for any purpose, including but not
limited to, for
accuracy, legality, or non-infringement, and we are not responsible for any
Social
Network Content. You
acknowledge and agree that we may access your email address book
associated with a
Third-Party Account and your contacts list stored on your mobile device or
tablet computer
solely for purposes of identifying and informing you of those contacts who
have also registered
to use the Site. You can deactivate the connection between the Site and
your Third-Party
Account by contacting us using the contact information below or through your
account settings (if
applicable). We will attempt to delete any information stored on our servers
that was obtained
through such Third-Party Account, except the username and profile picture
that become
associated with your account.
SUBMISSIONS
You acknowledge and
agree that any questions, comments, suggestions, ideas, feedback, or
other information
regarding the Site
("Submissions")
provided by you to us are non-
confidential and
shall become our sole property. We shall own exclusive rights, including all
intellectual property
rights, and shall be entitled to the unrestricted use and dissemination of
these Submissions for
any lawful purpose, commercial or otherwise, without acknowledgment
or compensation to
you. You hereby waive all moral rights to any such Submissions, and you
hereby warrant that
any such Submissions are original with you or that you have the right to
submit such
Submissions. You agree there shall be no recourse against us for any alleged
or
actual infringement
or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain
(or you may be sent via the Site) links to other websites ("Third-Party
Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound,
video, information,
applications, software, and other content or items belonging to or
originating from
third parties ("Third-Party Content"). Such 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, available through, or installed from the
Site, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices,
or
other policies of or
contained in the Third-Party Websites or the Third-Party Content. Inclusion
of, linking to, or
permitting 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 to use or install any Third-Party Content, you
do so at your own
risk, and you should be aware these Terms of Use no longer govern. You
should review the
applicable terms and policies, including privacy and data gathering
practices, of any
website to which you navigate from the Site or relating to 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 take no responsibility
whatsoever in
relation to such purchases which are exclusively 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
caused by your
purchase of such products or services. Additionally, you shall hold us
harmless
from any losses
sustained by you or harm caused to you relating to or resulting in any way
from any
Third-Party Content or any contact with Third-Party Websites.
ADVERTISERS
We allow
advertisers to display their advertisements and other information in certain areas
of
the Site, such as
sidebar advertisements or banner advertisements. If you are an advertiser,
you shall take
full responsibility for any advertisements you place on the Site and any
services
provided on the
Site or products sold through those advertisements. Further, as an
advertiser,
you warrant and
represent that you possess all rights and authority to place advertisements
on the Site,
including, but not limited to, intellectual property rights, publicity rights,
and
contractual
rights. [As an advertiser, you agree that such advertisements are subject to
our
Digital Millennium
Copyright Act (“DMCA”) Notice and Policy provisions as described
below,
and you understand
and agree there will be no refund or other compensation for DMCA
takedown-related
issues.] We simply provide the space to place such advertisements, and we
have no other
relationship with advertisers.
SITE MANAGEMENT
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
these
Terms of Use; (2)
take appropriate legal action against anyone who, in our sole discretion,
violates the law
or these Terms of Use, including without limitation, reporting such user to
law
enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict
access
to, limit the
availability of, or disable (to the extent technologically feasible) any of
your
Contributions or
any portion thereof; (4) in our sole discretion and without limitation, notice,
or
liability, to
remove from the Site or otherwise disable all files and content that are excessive
in
size or are in any
way burdensome to our systems; and (5) otherwise manage the Site in a
manner designed to
protect our rights and property and to facilitate the proper functioning of
the Site.
PRIVACY POLICY
We care about data
privacy and security. Please review our Privacy Policy[CLICK HERE].
By using the Site,
you agree to be bound by our Privacy Policy, which is incorporated into
these Terms of
Use. Please be advised the Site is hosted in the United States. If you access
the Site from the
European Union, Asia, or any other region of the world with laws or other
requirements
governing personal data collection, use, or disclosure that differ from
applicable
laws in the United
States, then through your continued use of the Site or Services, you are
transferring your
data to the United States, and you expressly consent to have your data
transferred to and
processed in the United States. [Further, we do not
knowingly accept,
request, or
solicit information from children or knowingly market to children. Therefore,
in
accordance with
the U.S. Children’s Online Privacy Protection Act, if we receive actual
knowledge that
anyone under the age of 13 has provided personal information to us without
the requisite and
verifiable parental consent, we will delete that information from the Site as
quickly as is
reasonably practical.]
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
AND POLICY
Notifications
We respect the
intellectual property rights of others. If you believe that any material
available
on or through the
Site infringes upon any copyright you own or control, please immediately
notify our
Designated Copyright Agent using the contact information provided below (a
“Notification”). A copy of your Notification will be
sent to the person who posted or stored the
material addressed
in the Notification. Please be advised that pursuant to federal law you may
be held liable for
damages if you make material misrepresentations in a Notification. Thus, if
you are not sure
that material located on or linked to by the Site infringes your copyright,
you
should consider
first contacting an attorney.
All Notifications
should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include
the
following
information: (1) A physical or electronic signature of a person authorized to act
on
behalf of the
owner of an exclusive right that is allegedly infringed; (2) identification of
the
copyrighted work
claimed to have been infringed, or, if multiple copyrighted works on the Site
are covered by the
Notification, a representative list of such works on the Site; (3)
identification
of the material
that is claimed to be infringing or to be the subject of infringing activity and
that
is to be removed
or access to which is to be disabled, and information reasonably sufficient
to
permit us to
locate the material; (4) information reasonably sufficient to permit us to
contact
the complaining
party, such as an address, telephone number, and, if available, an email
address at which
the complaining party may be contacted; (5) a statement that the complaining
party has a good
faith belief that use of the material in the manner complained of is not
authorized by the
copyright owner, its agent, or the law; and (6) a statement that the
information in the
notification is accurate, and under penalty of perjury, that the complaining
party is
authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed
upon.
Counter Notification
If you believe
your own copyrighted material has been removed from the Site as a result of a
mistake or
misidentification, you may submit a written counter notification to
[us/our
Designated
Copyright Agent] using the contact information provided below (a
“Counter
Notification”). To be an effective Counter Notification
under the DMCA, your Counter
Notification must
include substantially the following: (1) identification of the material that
has
been removed or
disabled and the location at which the material appeared before it was
removed or
disabled; (2) a statement that you consent to the jurisdiction of the Federal
District
Court in which
your address is located, or if your address is outside the United States, for
any
judicial district
in which we are located; (3) a statement that you will accept service of
process
from the party
that filed the Notification or the party's agent; (4) your name, address, and
telephone number;
(5) a statement under penalty of perjury that you have a good faith belief
that the material
in question was removed or disabled as a result of a mistake or
misidentification
of the material to be removed or disabled; and (6) your physical or
electronic
signature.
If you send us a
valid, written Counter Notification meeting the requirements described above,
we will restore
your removed or disabled material, unless we first receive notice from the
party
filing the
Notification informing us that such party has filed a court action to restrain you
from
engaging in
infringing activity related to the material in question. Please note that if
you
materially
misrepresent that the disabled or removed content was removed by mistake or
misidentification,
you may be liable for damages, including costs and attorney's fees. Filing a
false Counter
Notification constitutes perjury.
Designated
Copyright Agent
mahmoudnabhan.com
Attn: Copyright
Agent
2 hassan el sawah
cairo
11331 - HADAEEK EL QOBA , Egypt
COPYRIGHT INFRINGEMENTS
We respect the
intellectual property rights of others. If you believe that any material
available
on or through the
Site infringes upon any copyright you own or control, please immediately
notify us using
the contact information provided below (a “Notification”). A copy of
your
Notification will
be sent to the person who posted or stored the material addressed in the
Notification.
Please be advised that pursuant to federal law you may be held liable for
damages if you
make material misrepresentations in a Notification. Thus, if you are not sure
that material
located on or linked to by the Site infringes your copyright, you should
consider
first contacting
an attorney.
TERM AND TERMINATION
These Terms of Use
shall remain in full force and effect while you use the Site. WITHOUT
LIMITING ANY OTHER
PROVISION OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE
OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE
TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR
DELETE [YOUR
ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED
AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or
suspend your account for any reason, you are prohibited from registering
and creating a new
account under your name, a fake or borrowed name, or the name of any
third party, even
if you may be acting on behalf of the third party. In addition to terminating
or
suspending your
account, we reserve the right to take appropriate legal action, including
without limitation
pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the
right to change, modify, or remove the contents of the Site at any time or
for
any reason at our
sole discretion without notice. However, we have no obligation to update
any information on
our Site. We also reserve the right to modify or discontinue all or part of
the Site without
notice at any time. We will not be liable to you or any third party for any
modification,
price change, suspension, or discontinuance of the Site.
We cannot
guarantee the Site will be available at all times. We may experience
hardware,
software, or other
problems or need to perform maintenance related to the Site, resulting in
interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or
otherwise modify the Site at any time or for any reason without notice to
you.
You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused
by your inability
to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these
Terms of Use will be construed to obligate us to maintain and support the
Site or to supply
any corrections, updates, or releases in connection therewith.
Option 2: Informal Negotiations
To expedite
resolution and control the cost of any dispute, controversy, or claim related
to
these Terms of Use
(each a "Dispute" and collectively, the “Disputes”) brought by either
you
or us
(individually, a “Party” and collectively, the “Parties”),
the Parties agree to first attempt
to negotiate any
Dispute (except those Disputes expressly provided below) informally for at
least
30 days before
initiating arbitration. Such informal negotiations commence upon
written notice
from one Party to the other Party.
Binding Arbitration
If the Parties are
unable to resolve a Dispute through informal negotiations, the Dispute
(except those
Disputes expressly excluded below) will be finally and exclusively resolved
by
binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD
HAVE THE RIGHT TO
SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be
commenced and
conducted under the Commercial Arbitration Rules of the American
Arbitration
Association ("AAA") and, where appropriate, the AAA’s Supplementary
Procedures
for Consumer
Related Disputes ("AAA Consumer Rules"), both of which are available at the
AAA
website www.adr.org. Your arbitration fees and your
share of arbitrator compensation
shall be governed
by the AAA Consumer Rules and, where appropriate, limited by the AAA
Consumer Rules.
[If such costs are determined to by the arbitrator to be excessive, we will
pay all
arbitration fees and expenses.] The arbitration may be conducted in person,
through
the submission of
documents, by phone, or online. The arbitrator will make a decision in
writing, but need
not provide a statement of reasons unless requested by either Party. The
arbitrator must
follow applicable law, and any award may be challenged if the arbitrator
fails
to do so. Except
where otherwise required by the applicable AAA rules or applicable law, the
arbitration will
take place in Egypt County. Except as otherwise
provided herein,
the Parties may litigate in court to compel arbitration, stay proceedings
pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award entered
by
the
arbitrator.
If for any reason,
a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or
prosecuted in the state and federal courts located in Egypt County,
, and the Parties
hereby consent to, and waive all defenses of lack of personal
jurisdiction, and
forum non conveniens with respect to venue and jurisdiction in such state and
federal courts.
Application of the United Nations Convention on Contracts for the
International
Sale of Goods and
the the Uniform Computer Information Transaction Act (UCITA) are
excluded from
these Terms of Use.
In no event shall
any Dispute brought by either Party related in any way to the Site be
commenced more
than _____ years after the cause of action arose. If this provision is found
to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within
that portion of
this provision found to be illegal or unenforceable and such Dispute shall be
decided by a court
of competent jurisdiction within the courts listed for jurisdiction above,
and
the Parties agree
to submit to the personal jurisdiction of that court.
Option 3: Binding Arbitration
To expedite
resolution and control the cost of any dispute, controversy or claim related
to
these Terms of Use
(each a "Dispute" and collectively, “Disputes”), any Dispute brought
by
either you or us
(individually, a “Party” and collectively, the “Parties”)
shall be finally and
exclusively
resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU
WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL. The
arbitration shall be commenced and conducted under the Commercial Arbitration
Rules of the
American Arbitration Association ("AAA") and, where appropriate, the
AAA’s
Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of
which are
available at the AAA website www.adr.org. Your arbitration fees and your
share of
arbitrator
compensation shall be governed by the AAA Consumer Rules and, where
appropriate,
limited by the AAA Consumer Rules. [If such costs are determined to by the
arbitrator to be
excessive, we will pay all arbitration fees and expenses.] The arbitration
may
be conducted in
person, through the submission of documents, by phone, or online. The
arbitrator will
make a decision in writing, but need not provide a statement of reasons
unless
requested by
either Party. The arbitrator must follow applicable law, and any award may be
challenged if the
arbitrator fails to do so. Except where otherwise required by the applicable
AAA rules or
applicable law, the arbitration will take place in Egypt County, [name
of state]. Except
as otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the
award entered by the arbitrator.
If for any reason,
a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or
prosecuted in the state and federal courts located in Egypt County,
, and the Parties
hereby consent to, and waive all defenses of lack of, personal
jurisdiction, and
forum non conveniens with respect to venue and jurisdiction in such state and
federal courts.
Application of the United Nations Convention on Contracts for the
International
Sale of Goods and
the Uniform Computer Information Transaction Act (UCITA) are excluded
from these Terms
of Use.
In no event shall
any Dispute brought by either Party related in any way to the Site or
Services
be commenced more
than 1 year after the cause of action arose. If this provision is
found to be
illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling
within that
portion of this provision found to be illegal or unenforceable and such Dispute
shall
be decided by a
court of competent jurisdiction within the courts listed for jurisdiction
above,
and the Parties
agree to submit to the personal jurisdiction of that court.
Option 2/Option 3: Restrictions
The Parties agree
that any arbitration shall be limited to the Dispute between the Parties
individually. To
the full extent permitted by law, (a) no arbitration shall be joined with any
other
proceeding; (b)
there is no right or authority for any Dispute to be arbitrated on a
class-action
basis or to
utilize class action procedures; and (c) there is no right or authority for any
Dispute
to be brought in a
purported representative capacity on behalf of the general public or any
other
persons.
Option 2/Option 3: Exceptions to [Informal Negotiations and]
Arbitration
The Parties agree
that the following Disputes are not subject to the above provisions
concerning
[informal negotiations and] binding arbitration: (a) any Disputes seeking to
enforce
or protect, or
concerning the validity of, any of the intellectual property rights of a Party;
(b)
any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy,
or
unauthorized use;
and (c) any claim for injunctive relief. If this provision is found to be
illegal
or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that
portion
of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to
the personal jurisdiction of that court.
CORRECTIONS
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions that may
relate to the Site, including descriptions, pricing, availability, and
various
other information.
We reserve the right to correct any errors, inaccuracies, or omissions and
to change or
update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY
ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. [NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE [12] MONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.]
INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents, partners, and employees, from and
against any loss,
damage, liability, claim, or demand, including reasonable attorneys’ fees and
expenses, made
by any third party due to or arising out of: (1) [your Contributions]; (2) use of
the Site; (3)
breach of these Terms of Use; (4) any breach of your representations and warranties
set forth
in these Terms of Use; (5) your violation of the rights of a third party, including
but not limited
to intellectual property rights; or (6) any overt harmful act toward any other user
of the Site
with whom you connected via the Site. Notwithstanding the foregoing, we reserve the
right, at
your expense, to assume the exclusive defense and control of any matter for which
you are
required to indemnify us, and you agree to cooperate, at your expense, with our
defense of
such claims. We will use reasonable efforts to notify you of any such claim, action,
or
proceeding which is subject to this indemnification upon becoming aware of
it.
USER DATA
We will
maintain certain data that you transmit to the Site for the purpose of managing
the
Site, as well as data relating to your use of the Site. Although we perform
regular routine
backups of data, you are solely responsible for all data that you transmit or
that relates to any
activity you have undertaken using the Site. You agree that we shall have no
liability to you
for any loss or corruption of any such data, and you hereby waive any right of
action against
us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the
Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree
that all
agreements, notices, disclosures, and other communications we provide to you
electronically,
via email and on the Site, satisfy any legal requirement that such communication
be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE. You hereby waive any rights or requirements under any statutes,
regulations,
rules, ordinances, or other laws in any jurisdiction which require an original
signature or
delivery or retention of non-electronic records, or to payments or the granting
of credits by any
means other than electronic means.
MISCELLANEOUS
These Terms of
Use and any policies or operating rules posted by us on the Site constitute
the entire agreement and understanding between you and us. Our failure to
exercise or
enforce any right or provision of these Terms of Use shall not operate as a
waiver of such right
or provision. These Terms of Use operate to the fullest extent permissible by
law. We may
assign any or all of our rights and obligations to others at any time. We shall
not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our
reasonable control. If any provision or part of a provision of these Terms of
Use is determined
to be unlawful, void, or unenforceable, that provision or part of the provision
is deemed
severable from these Terms of Use and does not affect the validity and
enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency
relationship created between you and us as a result of these Terms of Use or use
of the Site.
You agree that these Terms of Use will not be construed against us by virtue of
having drafted
them. You hereby waive any and all defenses you may have based on the electronic
form of
these Terms of Use and the lack of signing by the parties hereto to execute
these Terms of
Use.
MISCELLANEOUS
These Terms of
Use and any policies or operating rules posted by us on the Site constitute
the entire agreement and understanding between you and us. Our failure to
exercise or
enforce any right or provision of these Terms of Use shall not operate as a
waiver of such right
or provision. These Terms of Use operate to the fullest extent permissible by
law. We may
assign any or all of our rights and obligations to others at any time. We shall
not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our
reasonable control. If any provision or part of a provision of these Terms of
Use is determined
to be unlawful, void, or unenforceable, that provision or part of the provision
is deemed
severable from these Terms of Use and does not affect the validity and
enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency
relationship created between you and us as a result of these Terms of Use or use
of the Site.
You agree that these Terms of Use will not be construed against us by virtue of
having drafted
them. You hereby waive any and all defenses you may have based on the electronic
form of
these Terms of Use and the lack of signing by the parties hereto to execute
these Terms of
Use.
Responsibility
You must to know that how "dangerous to human life" it is to use this application
without referring to the doctor or medical service provider, the application
processes the data that you enter and it is implementing the statistic equations and
extracts the transactions, ratios, and doses, and any wrong information from you
entered, will cause a wrong result.
The application must be used under the supervision of your doctor or medical service
provider or review factors and doses for diabetes.
You should to know that any wrong in calculating the insulin dose may be "dangerous
to human life", so you must review the insulin dose again in your usual or manual
way to ensure the correctness and value of the dose.
You must use a device to measure the "blood glucose level" that is intact and not
damaged, so any wrong result of measuring the sugar will result in a wrong result of
the insulin dose.
You should seek advice and request a review of your doses and ratios from your
physician, health team or medical provider on a regular basis or as prescribed by
your physician, this app does not replace your physician or medical provider.
Calculated insulin doses are subject to error due to their dependence on the data
you enter, and this data is always subject to change and depends on conditions that
the application cannot control, such as movement and psychological state of the
patient, so you should review and recalculate any dose of insulin before taking it
and do not depend on the calculation The entire application.
This application is not responsible for calculated or taken doses and resulting
damages, and this application does not replace your doctor or any medical care
provider.
You should seek advice from your health team or from the out-of-hours service at
your local hospital, if possible.
All food and product data that the app is based on is information shared by members
and diabetics like you and has not been reviewed by the app. You should verify the
information provided to you first.
You are fully responsible for any harm caused to you or to members and other
diabetics due to any wrong data you have entered.
CONTACT US
In order to
resolve a complaint regarding the Site or to receive further information
regarding
use of the
Site, please contact us at:
Cairo -
Egypt
+201011228849