BY USING THE WEBSITE, YOU AGREE AND MANIFEST YOUR ASSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND YOU ARE REQUIRED TO READ ALL SECTIONS OF THIS AGREEMENT, INCLUDING THOSE RELATING TO ARBITRATION AND YOUR WAIVER OF CLASS ACTION RIGHTS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE AND DELETE ANY ACCOUNT THAT YOU MAY HAVE CREATED WITH THE WEBSITE. ROH RESERVES THE RIGHT TO AMEND, MODIFY, REPLACE, OR SUSPEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE WEBSITE AFTER ROH AMENDS, MODIFIES, OR REPLACES THESE TERMS CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE AMENDED, MODIFIED, OR REPLACED TERMS. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU ARE EXPRESSLY PROHIBITED FROM USING THIS WEBSITE.
You warrant that you are age eighteen (18) or over or that you are of the age of majority within your jurisdiction. You further warrant that you are of sound mind, have the capacity to contract, and are competent to agree to be bound by and comply with the terms of this Agreement. You warrant that your use of the Website does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which you live. You warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting Agreement. If you are accessing the Website on behalf of a governmental organization, non-governmental organization, or business entity, you warrant that you are an authorized agent that has the authority to and can bind said governmental organization, non-governmental organization, or business entity to the terms of this Agreement.
ROH is the owner of all rights in and to the Website and its associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other personal or proprietary rights. The Website is subject to copyright and other intellectual property rights under the law of the United Arab Emirates, foreign states, and international treaties, and ROH provides you with the right to use the Website on a limited basis and subject to the terms of this Agreement. You are expressly prohibited from using the Website for any purposes not stated in this Agreement.
ROH is the owner of the GOMARRY mark, which is a registered or common law trademark, design mark, and trade name of ROH. ROH is also the owner of all rights in and to the visual appearance, shape, color scheme, selection and arrangement, layout, and look and feel of the Website, which constitutes the trade dress of ROH. You are prohibited from using ROH’s trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services. All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the Website are the property of their respective owners.
ROH hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to ROH.
You are expressly prohibited from reproducing, preparing derivative works of, distributing, performing publicly, displaying publicly, scraping, framing, hacking, reverse engineering, crawling, or aggregating the Website, whether in whole or in part, without the prior written consent of ROH. This prohibition on crawling or aggregating does not apply to search engines that appropriately comply with ROH’s robots.txt file.
ROH may provide you with the ability to submit ideas to ROH or through the Website. If you submit ideas to ROH, you agree that any ideas that you submit to ROH will automatically become the property of ROH and that you will not be compensated for the submission, use, or implementation of the idea that you submitted to ROH. You understand and agree that ROH may use or redistribute any ideas that you submit to ROH for any purpose and in any way and that ROH has no obligation to keep any ideas submitted to ROH confidential.
You are expressly prohibited from making any use of the Website outside of those uses explicitly stated under the terms of this Agreement. You explicitly agree not to reproduce, prepare derivative works of, distribute, perform publicly, display publicly, scrape, frame, hack, reverse engineer, crawl, or aggregate the Website, whether in whole or in part, without the prior written consent of ROH. This prohibition on crawling or aggregating does not apply to search engines that appropriately comply with ROH’s robots.txt file.
ROH does not warrant that users of the Website or owners of Accounts on the Website will be compatible with you or will result in a relationship of any kind. You understand that ROH does not perform any background checks on its users, whether criminal or otherwise. You are responsible for investigating the background of any user or owner of an Account that you interact with through the Website.
ROH may require you to register an account (hereinafter “Account”) to use additional areas of the Website. You may only use your Account and you are expressly prohibited from providing additional parties with access to your Account. You agree that, in registering an Account, you will provide ROH with accurate, complete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to ROH. By creating an Account, you agree that ROH may contact you by any available means, including, but not limited to, by email.
ROH may provide you with the ability to upload or transmit user-generated content to or through the Website, including, but not limited to, text, comments, photographs, images, videos, audio files, profile information, name, likeness, advertisements, listings, information, and designs (collectively "User-Generated Content"). Except as otherwise provided herein, you warrant that you own all rights in and to your User-Generated Content.
By submitting User-Generated Content to the Website, you grant ROH a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Website. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services and archiving or making backups of the Website. You agree to waive all moral rights in and to your User-Generated Content across the world, whether you have or have not asserted moral rights in or to your User-Generated Content. By submitting User-Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User-Generated Content submitted.
You warrant that any User-Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
Communications in the public areas of the Website are not private. You acknowledge and agree that all messages or content posted by you or others in any chat rooms or public areas which may be provided on the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential, or proprietary. Consequently, you should not use the Website for any communication which you intend only you and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).
ROH assumes no responsibility for the conduct of any user submitting any User-Generated Content, and assumes no responsibility for monitoring the Website for inappropriate content or conduct. Although ROH may attempt to monitor User-Generated Content, ROH simply cannot monitor everything posted. Your use of the Website is, therefore at your own risk. By using the Website, you may be exposed to User-Generated Content that is offensive, indecent or otherwise not in line with your expectations.
By submitting your contact information to the Website, including by registering an Account, you agree that ROH may contact you at the contact information that you have provided to ROH, including, but not limited to, through e-mail or telephone. You understand and agree that you may opt out of future correspondence from ROH by either clicking the unsubscribe link within the e-mail sent to you by ROH or by terminating your Account.
You understand and agree that ROH provides the Website as a service and takes no responsibility and cannot be held liable or responsible for any communication or conduct of users of the Website, whether through Accounts or otherwise. You acknowledge that ROH is considered a computer service provider under Section 230 of the Communications Decency Act and, though ROH may edit, remove, or control the content displayed through the Website, you agree that ROH will not be considered an information content provider and will not be held liable for the republication or tortious content created by third parties, whether through the Website or otherwise.
Upon registering an Account, you may be provided with the ability to upgrade it to obtain access to other features, such as the ability to view all profiles, to view all public albums, to request access to private albums, to add videos to your profile, and to send unrestricted messages to other users.
You hereby authorize ROH’s payment processing agent to charge your credit card (or other approved payment facility). You further agree to pay all fees and charges on time, including all recurring payments, and ROH may terminate or disable your access to the if you fail to pay any amount owing to ROH when due. You agree that you will pay all costs of collection, including legal fees, incurred by ROH in collecting any amount that you owe to ROH.
Refund requests are dealt with on a case by case basis by the payment processor
You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website. All costs and fees are quoted and payable in United States Dollars, and you acknowledge and agree that ROH is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or ROH’s payment processor. You agree that you will not initiate any chargebacks to ROH unless otherwise authorized by ROH in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against ROH.
In the event you dispute the amount or validity of any payments made under this Agreement, you must notify ROH within ten (10) days of any such dispute. You understand that your failure to notify ROH of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.
The Website and its associated content and services are © 2017 River of Honey, LTD
If you believe that a user of the Website has infringed upon your copyright rights, you may provide Cover Anything a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.
Upon receipt of a notice that complies with this section, ROH will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.
This notice of copyright infringement must contain the following:
If you are a Website user who believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:
Notifications of copyright infringement and counter-notifications may be submitted to ROH at email@example.com.
This Agreement will remain in full force and effect until terminated under the terms of this Agreement. You may terminate your use of the Website at any time by terminating your Account and discontinuing your use of the Website. Your termination of your Account will not terminate any obligation that you may have to make payment to ROH for amounts due and owing. ROH may terminate this Agreement without liability at any time, without notice, and for any reason, including, but not limited to, for your violation of a term or condition of this Agreement.
ROH PROVIDES THE WEBSITE ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.
ROH WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS' FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNATIVE DAMAGES, EVEN IF ROH HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
ROH WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE. ROH IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. ROH RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME AND WITHOUT LIABILITY.
You agree to hold harmless, indemnify, and defend ROH, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly, that arise out of or are related to your use of the Website, your registration or use of an Account, your uploading or transmitting of User-Generated Content, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend ROH under the terms of this Agreement will not provide you with the right to control ROH’s defense, and ROH reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend ROH.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. ROH may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
This Agreement will be governed by and interpreted in accordance with the laws of the United Arab Emirates, without regard to the conflicts of laws rules thereof.
YOU AND ROH AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. THIS ARBITRATION WILL BE HELD IN ABU DHABI, UAE AND WILL BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE UNITED ARAB EMIRATES AND WILL HAVE THE DISCRETION TO AWARD ALL COSTS AND ATTORNEYS’ FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND ROH AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATOR MAY BE ENTERED AS A JUDGEMENT IN ANY COURT THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND ROH AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE UNITED ARAB EMIRATES IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND ROH HEREBY AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL AND SUBJECT MATTER JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
Notwithstanding the foregoing, both parties retain the right to file any claim that is not a class action and which is properly within the limited jurisdiction of a small claims court within small claims court.
Both parties understand and agree that they explicitly waive their rights to participate as a class representative or a class member in any class action lawsuit or arbitration proceeding arising out of or in relation to this Agreement. Both parties also explicitly waive any right to assert consolidated claim with respect to any lawsuit or arbitration proceeding that may arise out of or in relation to this Agreement.
Both parties understand and agree that their liability under the terms of this Agreement shall not exceed $1,000. Both parties understand and agree, and explicitly waive, that the arbitrator of any claim or dispute arising out of or in relation to this Agreement will be prohibited from granting consequential, special, indirect, incidental, punitive, or exemplary damages.
BOTH PARTIES UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE. THE PARTIES EXPLICITLY WAIVE ANY AND ALL STATUTE OF LIMITATIONS OR TIME BARS.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
This Agreement, and its incorporated Privacy and Copyright policies, constitutes the entire agreement between the parties with respect to the use of the Website and its associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind ROH.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
ROH AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANETLY BAR ANY AND ALL RELIEF.
All rights not expressly granted herein are reserved to ROH.
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