TERMS OF SERVICE
Last updated April 19, 2024
AGREEMENT TO OUR LEGAL TERMS
We are JOBCV ("Company", "we", "us", "our"), a company registered in Iraq at Duhok 42001.
Last updated
April 19, 2024
AGREEMENT TO OUR LEGAL
TERMS
We
are JOBCV
(
"Company," "we,"
"us," "our" )
, a company registered in
Iraq
at
Duhok
42001
.
We
operate the website
jobcv.net
(the
"Site"
)
, as well as any other related
products and services that refer or link to these legal terms (the
"Legal Terms"
) (collectively, the
"Services" ).
You
can contact us by email at contact@jobcv.net
or by mail to
Duhok
42001
,
Iraq
.
These
Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ( "you" ), and JOBCV , concerning your access to and
use of the Services. You agree that by accessing the Services, you
have read, understood, and agreed to be bound by all of these Legal
Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU
ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
We
will provide you with prior notice of any scheduled changes to the
Services you are using. Changes to Legal Terms will become
effective seven (7) days after the
notice is given , except if the
changes apply to
new functionality
,
security updates
, bug
fixes
, and a
court order
, in which case the changes
will be effective immediately . By continuing to
use the Services after the effective date of any changes, you agree
to be bound by the modified terms. If you disagree with such
changes, you may terminate Services as per the section "
TERM
AND TERMINATION
."
We recommend that you print a copy of these
Legal Terms for your records.
TABLE OF CONTENTS
1.
OUR SERVICES
The
information provided when using the Services 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 Services 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.
The Services
are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA),
Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use
the Services. You may not use the Services in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY
RIGHTS
Our intellectual property
We
are the owner or the licensee of all intellectual property rights
in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the "Content" ), as well as the
trademarks, service marks, and logos contained therein (the "Marks" ).
Our
Content and Marks are protected by copyright and trademark laws
(and various
other intellectual property rights and unfair competition laws) and
treaties in the United
States and around the world.
The
Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or
internal business purpose
only.
Your use of our Services
Subject to
your compliance with these Legal Terms, including the " PROHIBITED
ACTIVITIES
" section below, we
grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- 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 or internal business purpose .
Except
as set out in this section or elsewhere in our Legal Terms, no part
of the Services 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.
If
you wish to make any use of the Services, Content, or Marks other
than as set out in this section or elsewhere in our Legal Terms,
please address your request to:
contact@jobcv.net . If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or
Content, you must identify us as the owners or licensors of the
Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing,
or displaying our Content.
We
reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any
breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your
submissions and
contributions
Please
review this section and the "
PROHIBITED
ACTIVITIES
" section carefully
prior to using our Services to understand the (a) rights you give
us and (b) obligations you have when you post or upload any content
through the Services.
Submissions: By directly
sending us any question, comment, suggestion, idea, feedback, or
other information about the Services ( "Submissions" ), you agree to
assign to us all intellectual property rights in such Submission.
You agree that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to
you.
Contributions: The
Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit,
publish, distribute, or broadcast content and materials to us or
through the Services, including but not limited to text, writings,
video, audio, photographs, music, graphics, comments, reviews,
rating suggestions, personal information, or other material ( "Contributions" ). Any Submission
that is publicly posted shall also be treated as a
Contribution.
You
understand that Contributions may be viewable by other users of the
Services .
When
you post Contributions, you grant us a license (including use
of your name, trademarks, and logos): By posting any
Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and
license to:
use, copy, reproduce, distribute, sell, resell, publish, broadcast,
retitle, store, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and
voice) for any purpose, commercial, advertising, or otherwise, to
prepare derivative works of, or incorporate into other works, your
Contributions, and to
sublicense the licenses
granted in this section. Our use and distribution may occur
in any media formats and through any media channels.
This license 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
are responsible for what you post or upload: By
sending us Submissions and/or
posting Contributions
through any part of the Services or making Contributions
accessible through the Services by linking your account through the
Services to any of your social networking accounts, you:
- confirm
that you have read and agree with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the
extent permissible by applicable law, waive any and all moral
rights to any such Submission
; - warrant
that any such Submission
and/or Contributions licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions ; and - warrant
and represent that your Submissions
and/or Contributions do not constitute confidential information.
You are solely responsible for your
Submissions and/or Contributions
and you expressly agree
to reimburse us for any and all losses that we may suffer because of
your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
We may remove or edit your
Content: Although we have no obligation to monitor any
Contributions, we shall have the right to remove or edit any
Contributions at any time without notice if in our reasonable opinion
we consider such Contributions harmful or in breach of these Legal
Terms. If we remove or edit any such Contributions, we may also suspend
or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights
of others. If you believe that any material available on or through the
Services infringes upon any copyright you own or control, please
immediately refer to the "
COPYRIGHT INFRINGEMENTS
" section below.
By
using the Services, 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 Legal
Terms;
(4) you are not
a
minor in the jurisdiction in which you reside
; ( 5) you will
not access the Services through automated or non-human means,
whether through a bot, script or
otherwise; (6) you will
not use the Services for any illegal or unauthorized purpose; and
(7) your use of
the Services 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 Services (or any portion thereof).
4. USER
REGISTRATION
You
may be required to register to use the Services.
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.
We
accept the following forms of payment:
You
agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You
further agree to promptly update account and payment information,
including email address, payment method, and payment card
expiration date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any
time. All payments shall be in
IQD .
You
agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to charge your
chosen payment provider for any such amounts upon placing your
order. We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received
payment.
We
reserve the right to refuse any order placed through the Services.
We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same
customer account, the same payment method, and/or orders that use
the same billing or shipping address. We reserve the right to limit
or prohibit orders that, in our sole judgment , appear to be
placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Cancellation
Fee Changes
7.
SOFTWARE
We may
include software for use in connection with our Services. If such
software is accompanied by an end user license agreement ( "EULA" ), the terms of the
EULA will govern your use of the software. If such software is not
accompanied by a EULA, then we grant to you a non-exclusive,
revocable, personal, and non-transferable license to use such
software solely in connection with our services and in accordance
with these Legal Terms. Any software and any related documentation
is provided "AS IS" without warranty of
any kind, either express or implied, including, without limitation,
the implied warranties of merchantability, fitness for a particular
purpose, or non-infringement. You accept any and all risk arising
out of use or performance of any software. You may not reproduce or
redistribute any software except in accordance with the EULA or
these Legal Terms.
8. PROHIBITED
ACTIVITIES
You
may not access or use the Services for any purpose other than
that for which we make the Services available. The Services 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 Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage
in
- 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 Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- 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.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- 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 (
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- 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 Services, or use or
launch any
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make
any
- Use
the Services as part of any effort
to compete with us or otherwise use
the Services and/or the Content for
any revenue-generating
-
Use the Services to advertise or offer to sell goods and services. -
Sell or otherwise transfer your profile.
9. USER
GENERATED CONTRIBUTIONS
- 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.
- You are the
creator and owner of or have the necessary
licenses authorize - 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 Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your
Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. - Your
Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing,
libelous - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any
use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among
other things, termination or suspension of your
rights to use the Services.
10. CONTRIBUTION
LICENSE
By
posting your Contributions to any part of the
Services
or making
Contributions accessible to the
Services by linking your account from
the Services 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 Services. You
are solely responsible for your Contributions to
the Services 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 Services; 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.
11. SOCIAL
MEDIA
As
part of the functionality of the Services, 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 Services; 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 Services
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 Services. 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 Services. You will
have the ability to disable the connection between
your account on the Services 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
Services. You can deactivate the connection between
the Services 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.
12. ADVERTISERS
We
allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the
space to place such advertisements, and we have no other
relationship with advertisers.
13. SERVICES
MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these Legal
Terms; (2) take appropriate legal action against anyone who, in our
sole discretion, violates the law or these Legal Terms, 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 Services 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 Services in a manner designed
to protect our rights and property and to facilitate the proper
functioning of the Services.
14. PRIVACY
POLICY
We
care about data privacy and security. Please review our Privacy
Policy:
http://www.jobcv.net/privacy
. By using the Services, you agree to be bound
by our Privacy Policy, which is incorporated into these Legal
Terms. Please be advised the Services are hosted in
Iraq
. If you access the Services
from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ
from applicable laws in
Iraq
, then through your continued
use of the Services, you are transferring your data to
Iraq
, and you expressly consent to
have your data transferred to and processed in
Iraq
.
15. COPYRIGHT
INFRINGEMENTS
We
respect the intellectual property rights of others. If you believe
that any material available on or through the Services 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 applicable 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
Services infringes your copyright, you should consider first
contacting an attorney.
16. TERM
AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(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 LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES 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.
17. MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Services.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the
Services.
We
cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the
Services 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
Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections,
updates, or releases in connection therewith.
18. GOVERNING
LAW
These
Legal Terms shall be governed by and defined following the laws of
Iraq
. JOBCV and yourself
irrevocably consent that the courts of
Iraq
shall have exclusive jurisdiction to resolve any dispute
which may arise in connection with these Legal Terms.
19. DISPUTE
RESOLUTION
Informal
Negotiations
To expedite resolution and control the
cost of any dispute, controversy, or claim related to these Legal
Terms (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 thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding
Arbitration
Any dispute arising out
of or in connection with these Legal Terms, including any question
regarding its existence, validity, or termination, shall be referred to
and finally resolved by the International Commercial Arbitration Court
under the European Arbitration Chamber (Belgium, Brussels, Avenue
Louise, 146) according to the Rules of this ICAC, which, as a result of
referring to it, is considered as the part of this clause. The number
of arbitrators shall be three (3) . The
seat, or legal place, or arbitration shall be
Iraq ,
Iraq
. The language of the proceedings shall be English. . The governing law of these Legal
Terms shall be substantive law of
Iraq
.
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.
20. CORRECTIONS
There may be information
on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on
the Services at any time, without prior notice.
21.
DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE 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 SERVICES 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 SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES 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 SERVICES, (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 SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES 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 SERVICES. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SERVICES, 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.
22. 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 SERVICES, 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
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE
six (6) mONTH
PERIOD PRIOR TO ANY
CAUSE OF ACTION
ARISING
.
CERTAIN US STATE LAWS AND
INTERNATIONAL 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.
23. 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
Services; (3) breach
of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms;
(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 Services with whom you connected via
the Services. 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.
24. USER
DATA
We
will maintain
certain data that you transmit to the Services for the purpose of
managing the
performance of the Services, as well as data relating to your use
of the Services. 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 Services. 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.
25. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, 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 Services, 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
SERVICES. 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.
26. CALIFORNIA
USERS AND RESIDENTS
If
any complaint
with us is not satisfactorily resolved, you can contact the
Complaint
Assistance Unit of the Division of Consumer Services of the
California
Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210
or (916)
445-1254.
27. MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These
Legal Terms 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 Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed
severable from these Legal Terms 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 Legal Terms or use of the
Services. You agree that these Legal Terms 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 Legal Terms and the lack of signing
by the parties hereto to execute these Legal Terms.
28. CONTACT
US
In
order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact
us at: