العربية

 

← Back to Clickmena

 

Terms Of Use

 

1. INTRODUCTION

Please read carefully these terms of use and applicable additional conditions before using the website, as they affect your legal rights and obligations. By accessing and using the websites you agree to comply with these Terms of Use, which may change from time to time. These terms of use require you to agree to arbitrate disputes instead of resorting to the courts, they also require you to grant us some rights and licenses, provide us certain indemnities, waive certain of your rights and remedies, as they limit our responsibilities and duties towards the user Please read carefully the terms of use and do not use the website or purchase our products or services available via the websites if you do not agree. You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge, including without limitation, your use of the website, the materials and information available on the same. You can find a copy of this Privacy Policy on our website and also referred to in these Terms of Use. By accessing or using the website, you explicitly agree to conform with these Terms of Use and Privacy Policy published on the site.

2. INTELLECTUAL PROPERTY

Unless otherwise explicitly stated, our website and partners and vendors own and control all intellectual property rights, including, but not limited to, all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, advertising copy, content, materials, products, services, URLs, technology, documentation, interactive features, the "look and feel" of the website, the compilation, assembly and arrangement of the materials and any and all copyrightable material. . Except for limited use rights granted to you in these Terms of Use, you are not entitled to any right, title or interest in our site or related to any of the contents of the site. All rights not expressly granted in these Terms of Use are expressly reserved.

3. ACCESS AND USAGE OF THE WEBSITE

(A) You can access the website, including, without limitation, the Content provided for your information and personal, non-commercial use only. When you use the site, you agree to comply with all federal and local laws. Except as expressly provided in these Terms of Use or in the Additional Terms, you may not use or reproduce, distribute or create derivative works, or publicly display, or publish, transmit, or exploit the content of the Site for any purpose whatsoever without our prior written consent or, in the case of third-party content, its respective owner. In some cases, we may allow you to download and / or print the content of the site. In such a case, subject to your strict compliance with these Terms of Use, you may download (temporary storage only), display, view use, play and/or or print one (1) copy of the Website Content on any single Computer for your limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable use only. In some instances, we may permit you to have greater access to and use of Website Content, subject to Additional Terms applicable thereto. You declare that you are at least 18 years old, and of legal age that allows you to conclude a binding contract and you are not prohibited from contracting under local jurisdiction. We grant you a license to use the website under the terms and conditions specified herein. The purpose of this License lies in shopping and purchasing items sold on the website for personal use. Any use for commercial purposes is strictly as well as any use on behalf of any third party, except if it was expressly permitted by us. Any breach of these Terms and Conditions leads to an immediate cancellation of the license granted in this paragraph without any prior warning.

(B) Furthermore, except as expressly permitted in these Terms of Use or applicable Additional Terms, you may not:

1. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notices on the website or Content or on any copy you make of the Website Content;

2. circumvent, disrupt or otherwise interfere with security-related features of the website, including, without limitation, any features that prevent or restrict use or copying of any content or impose restrictions on the use of the website or its content;

3. use an automatic device (such as a robot or spider) or manual process to copy or "distort" the website or its content for any purpose without the our prior expressed written permission, or use any of our trademarks as meta tags. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices to copy the content from the website for the sole purpose of creating a searchable index of the website’s content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;

4. Gather or harvest any personal information from the website, including, without limitation, user names, passwords, e-mail addresses;

5. Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;

6. Attempt to or interfere in the functioning of the website or impair, overburden, or disable the same;

7. decompile, amend, disassemble, modify or attempt to discover any website source or programming code or any other products, services or processes accessible through any part of the website;

8. Use network-monitoring software to determine the structure of the website or to extract usage data from the Websites;

9. Encourage behavior that violates any local, state or federal laws, either civil or criminal, or impersonate another user, person, or entity;

10. Use the website's content in a way that suggests an association with any of our own networks, products or brands;

11. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Websites or that violates these Terms of Use or applicable Additional Terms.

(C) You agree to fully cooperate with us to investigate any suspicious activity that may constitute a breach of these Terms of Use or additional application requirements.

(D) You also agree that you will assume the responsibility for obtaining and maintaining all Computer hardware and other equipment needed for access to and use of the website and you will be responsible for all charges related thereto.

4. CONDITIONS FOR LINKING TO WEBSITE

By virtue of these Terms of Use we grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website home page from any site you own or control that does not commercially compete with our website as long as the site where the link resides complies with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. Such a link is not an endorsement of such other site by us. All of our rights and remedies are expressly reserved. We reserve the right to prohibit linking to the website for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.

5. USER REGISTRATION

(A) In order to access or use some (or potentially all) of the features of the website, you may have to become a registered user.
(B) If you become a registered member, you will provide true, accurate, current and complete registration information about you as may be required by any registration form and, in the event such information are changed in future, you will promptly update the relevant registration information. During the registration process, we may ask you to create a username and password, which may give you access to certain areas of the website not available to non-registered users You are responsible for protecting and maintaining the confidentiality of your Membership and for restricting access to your Computer so that others may not access any password protected portion of the website using your username in whole or in part. When you register, you agree to assume responsibility for all activities that occur under your user name, whether or not you have authorized the activity. When you register, you agree to assume responsibility for all activities that occur under your user name. You agree to notify us immediately at support@clickmena.com of any security breaches or unauthorized use of your membership. We reserve the right to terminate your account or otherwise prevent your access to the website in our sole discretion for any or no reason without notice and without liability.

6. USER CONTENT

(A) We may now or in the future allow users to post, upload, display, publish, distribute, transmit through, broadcast or otherwise make available on the website messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Therefore, you agree that you either: (i) own the rights to the User Content you publish and the right to grant all of the rights and licenses in these Terms of Use or applicable Additional Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Use and grant us these licenses. Upon our request, you will provide us with any documentation, proof or releases necessary to verify your compliance with these Terms of Use or applicable Additional Terms. You also acknowledge that the Internet may be susceptible to security breaches and violations and you should be aware that submissions of User Content or other information may not be secure, and you must take this into consideration before submitting any information to us. Subject to these Terms of Use and applicable Additional Terms, we grant you the limited, revocable, non-exclusive permission to use the website’s Content in your User Content as may from time to time be made available on the Websites specifically for that purpose.

(B) You shall not publish any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. You are solely responsible for any damage caused by your failure to obtain such permission or from any other damage resulting from User Content that you submit.
(C) You represent, warrant, and undertake that you will not submit any User Content that:

1. Violates or infringes in any way the rights of others, including, but not limited to, trademarks, patents, or trade secrets, or moral rights or any other intellectual property, or any personal or contractual rights or ownership or related to any third party or entity;
2. impersonates another person's identity or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
3. encourages conduct that would constitute a criminal offense, leading to civil liability or otherwise violate any law;
4. is an advertisement for goods or services or a solicitation of funds;
5. Contains personal information such as messages which identify phone numbers, social security numbers, bank account numbers, addresses or employer references unless we ask the user;
6. Contains a formula or instructions, or tips that can cause harm or damage;
7. is a chain letter of any kind;
8. the licensed use by us hereunder would result in us having any obligation or liability to any party;
9. depicts any of the trademarks of any third party or its products or services in any way that violates the rights or could otherwise create any responsibility;
10. Violates these Terms of Use or additional application requirements.
Moreover, we will not allow any user to publish or engage in any behavior that, in our sole discretion, restricts or inhibits any other user from using or enjoying the site content.
(D) By publishing the User Content, you guarantee us that the owner of the publication gave us a license or unrestricted, unconditional, non-specific, global right, royalty-free, perpetual, irrevocable, non-exclusive, and transferable right and license to use, copy, record, disclose, sell, re-sell, sublicense, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), display, publicly perform, transmit, publish, broadcast, reformat, translate, archive, store, and otherwise exploit the User Content (in whole or in part) as we, in our sole discretion, deem appropriate, for any purpose whatsoever, including, without limitation, in connection with our work; and in connection with the businesses of our affiliates, parents, subsidiaries, and their related companies.
We may exercise this grant in any form, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. You also grant other users permission to enter to your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the website, these Terms of Use and applicable Additional Terms.
Without limitation, the granted rights include the right to configure, host, check, cache, digitize, compress, optimize, modify, edit, adapt, and remove such content and combine same with other materials. Except as otherwise described in the Website’s Privacy Policy or applicable Additional Terms, you agree that your User Content will be treated as non-confidential and non-proprietary. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you and for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and/or services using such User Content; , or create informational materials based on or advertising our products and services. You also give us permission to publish your User Content in a searchable format that may be accessed by users of the Websites and the Internet.
(E) When you publish User Content, you grant us the right, but not the duty or obligation, to use your personal information, including, without limitation, your name and geographical location associated with broadcasting, printing, online or other uses or publication of your User Content. Despite the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" with respect to the User Content.

And. We reserve the right to display advertisements related to the published content and use this content for marketing and promotional purposes. You acknowledge and agree that your user content may be included on the website and advertising networks of our partners and third parties service providers.

(G) We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User Content. We have no obligation to post, maintain, accept, display, exploit or otherwise make use of User Content, do not guarantee distribution of User Content and you will not have the right, once posted, to access, archive, maintain or otherwise use such User Content on the Websites. We may suspend the operation of the website, or your use of the website, in both cases in whole or in part, in our sole discretion.

(H) The rights granted by you by virtue of this document may not be terminated, revoked or rescinded and are not subject to reversion; provided, however, the rights granted by us may be terminated, revoked or rescinded and are subject to reversion. If you become aware that the Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to provide us with detailed written notice.

7. WEBSITE CONTENT & THIRD PARTY LINKS

(B) In many instances, , the site's content will include content published by a third-party or will represent the views and opinions of a third-party. We do not support, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the website by anyone other than authorized employees or spokespersons while acting in their official capacities.
(C) In case of a dispute between persons accessing the website or between persons accessing the website and any third party, you understand and agree that we are not obligated to enter into this conflict. In the event of such a dispute, you hereby release us and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
(D) The website may contain links to other websites maintained by third parties. We do not operate or control, in any form, or even endorse their content. You bear sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred in respect of your dealings with any third-party or their website.

8. MOBILE

The website may include certain features and services may be available via your mobile phone, including, without limitation: the ability to receive messages and answer them and send messages using text messaging and the ability to access the website from your mobile phone. We do not charge you for the mobile services. However, the cost of messages and data, and some of the usual mobile phone services will not change. You agree that according to the existing services on the website, for which you are registered for, we may send you messages to your mobile device regarding us or other parties. We also may collect information according to your use of our mobile services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number in order to update your account on the site.

9. INDEMNIFICATION

You agree to defend, indemnify and hold harmless our website and its responsible managers, employees and partners, agents, subsidiaries or associates upon the occurrence of any claims, obligations, losses, damages, costs and expenses arising out of or related to: use of the site, any violation of a real or virtual or breach of these Terms of Use or additional conditions, any actual, alleged breach of any representation, warranty made by us or any actions you may do. You also agree to fully cooperate with us in the defense of any claim related to any of your obligations undertaken under this document.

10. Disclaimers

You explicitly agree that your use of the website is at your sole responsibility and our website, its managers, employees partners, agents, subsidiaries and associates do not assume any responsibility or warranty, including warranties for services or goods received by the user or products which advertisements are posted on our website or that can be accessed through our website, warranties related to the accuracy or reliability of the results that can be obtained via the website, guarantees that your use of the website will be safe or will be uninterrupted by any error, warranties that defects or errors in the software will be corrected; and that the website is free of viruses or harmful components.

11. Limitation of liability

A. Our website or its managers, employees, partners, agents and subsidiaries shall not, under any circumstances, bear the responsibility, direct or indirect, incidental, consequential, economical and punitive under any contract, resulting of any negligence or strict liability, arising from the website or related to it, or to these Terms of use or additional conditions. The only solution to express dissatisfaction about the website shall be by stopping your use of the site.

B. Despite all of the above, the cumulative responsibility of the website, its managers, employees, partners, successors, agents, subsidiaries or associates may not, in any case, exceed the amount of $ 100. You also agree that in the event of any cause of action or product linked or related to the site, these Terms of Use or additional conditions become effective within one year from the date of the occurrence of a cause otherwise this cause would be stopped for a specified period.

C. In some jurisdictions, it is not allowed to have any limits of responsibilities or guarantees. In such jurisdictions, some of the above mentioned articles or conditions may not apply. These conditions must be completely applied according to the court’s rules.

12. Termination

(a) We reserve the right, at any time, to terminate or suspend your membership and / or prevent you from accessing pages of our website for any reason, and without limitation, in the event you failed to comply to these Terms of Use or additional conditions. You agree that our website does not assume any responsibility to you or to any third party when it comes to any termination of your access to the website.
(b) When you are a registered user, you can terminate your membership by clicking on the link in the end of any promotional email send from our part.

(c) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive, including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions mentioned in this document. Upon suspension or termination of your Account, you will immediately discontinue use of the website content and destroy any copies of website content in your possession, including deleting any downloaded Website Content from your Computer.

13. COPYRIGHT POLICY

(A) We respect the intellectual property rights of others and expect its users to do the same. In appropriate circumstances and at our sole discretion, we may terminate or disable the membership of user who we suspect to be an infringer of the copyrights or intellectual property rights of others. Additionally, in appropriate circumstances we may remove or disable access to the material published on the website.

14. Conflict Resolution; Binding Arbitration

In the Dispute Resolution Section only, "we" and "us" are used to refer to you and our website together.
(A) Each of us agrees to contact the other upon the occurrence of any disputes and to provide him with a detailed report about the problem and the proposed solution. You agree to contact us at the occurrence of any disputes on: support@clickmena.com and we will contact you according to the information that you provide to us.
B. We agree on the following:
1. "Disputes" are any claims or disputes arising between any two resulting of their use of the website or its content or Terms of Use, and that includes complaints submitted against our staff, agents, affiliates or our representatives, in addition to complaints which our website may submit against you, provided that we resort to arbitration in the event of any infringement of intellectual property linked to us and to other website rights, only when the General Council approves to resort to arbitration.
2. If either of us wants to arbitrate a Dispute, we agree to send written notice to the other party providing a description of the Dispute and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: support@CLICKMENA.com. We agree to make efforts to resolve the Dispute. If the parties cannot resolve the Dispute within forty-five (45) days of receipt of the notice to arbitrate, then either of us may submit the Dispute to formal arbitration.
2. The arbitrator’s award will consist of a written statement stating the disposition of each claim and will provide a statement of the essential findings and conclusions on which the award is based. The award shall be enforceable by any court with jurisdiction over the parties.
3. Arbitration shall be conducted by a neutral arbitrator who is a lawyer or a retired judge. In the case a hearing is required, the arbitration hearing will be conducted in a statistical area close to your residency at the time of submission of the Dispute for arbitration.

4. We each agree that any arbitration arising concerns us and only us. If, for any reason, any court or arbitrator considered that this restriction is not reasonable or unenforceable, our agreement to arbitrate becomes invalid and must be transferred to court. The provisions of this section will not apply to any legal action taken by our website to seek an injunction or another solution in connection with any loss, cost or damage related to the website, any website or user content and / or intellectual property rights.

5. Except where prohibited by law, the prevailing party (ies) is entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration.

15. ADDITIONAL TERMS

A. We reserve the right to modify or discontinue any aspect or feature of the website or to modify or add to these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the website generally, unique parts of the website, or both. Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. In the event that any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
B. Fall on you check the conditions of use and location between now and then for any new conditions or update additional conditions. Your access to and use of the Site after we have published a new or additional conditions signifies your acceptance of the new terms that become effective starting from the date of publication or the date specified and apply to your use of the site, starting from that date. If you object to any terms or update any additional conditions, you can terminate membership or, if you do not have membership, immediately discontinue use of the site.
(B) Updated Terms or Additional Terms will be effective immediately upon notice, either by posting on the Websites so that they are accessible via a link on the homepage or by notification by e-mail or conventional mail. It is your responsibility to review the Terms of Use and the Websites from time to time for any Updated Terms or Additional Terms. Your access and use of the Websites after we have posted the Updated Terms (or engaged in such other conduct as we may reasonably specify) or applicable Additional Terms will signify your assent to and acceptance of the same, which will be effective as of the time of posting, or such later date as may be specified therein, and will apply to your use of the Websites from that point forward. If you object to any Updated Terms or to any Additional Terms, you may terminate your Membership as provided in Section 12(B) herein or, if you do not have a Membership, your only recourse is to immediately discontinue use of the Websites.

16. MISCELLANEOUS

(A) Any delay or failure on the part of us to exercise or enforce any rights under these Terms of Use to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. We have the right to determine your compliance with these Terms of Use in our sole discretion. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. If any provision of these Terms of Use is held to be unlawful, void, or invalid or unenforceable, then that provision will be deemed severable from these Terms of Use and the invalidity of such provision shall not affect the validity and effectiveness of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
B. These Terms of Use constitute (including the Privacy Policy, updated conditions and any additional conditions or terms) the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
C. You may not waive these Terms of Use or any rights or assign any obligations under this Agreement, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and has no effectiveness and impact. We may assign these Terms of Use or any other rights hereunder without your consent and without any notice.