Arabotic is owned and managed by Arabotic Ltd, and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "Arabotic"). The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. The following is a list of links to the various provisions in the Terms and Conditions. The headings contained in these provisions, and reflected in these links, however, are solely for your convenience and have no legal import. While this list of links may help you locate particular provisions, you should understand that you will be bound by the entire Terms and Conditions.
Acceptance
Your registration obligations
Agreement
Conditions and restriction on use
Privacy
Responsibility for minors
Member account, password and security
Limitation of liability
Membership
Member Responsibilities
Transactions between Buyers and Sellers
Account inactivity
Prohibited Conduct
Advertisements
License to user content
Payment
Refund
Taxation
Removal of links
Disclaimer regarding third party content
Storage
Professional information disclaimer
Open directory disclaimer
Advertisers and content linked to Arabotic
Arabotic logos and search boxes
Permissions
No license; intellectual property of Arabotic
Indemnity and release
Limitation of factions
Claims of copyright infringement
Changes in terms and conditions and in products and services
Merger
Non-waiver
Relationship of parties
No resale, assignment, or sublicensing
Successors and assigns
Termination and survival
Communications with users
Submit information
Links
Confidentiality
Arabotic’s right to reject
Termination
Purchase of third party goods and services
Control
Parties’ responsibilities
Impressions count
Category relevancy
Content
No warranty
Amendment to terms
Jurisdiction and governing law
Representations
Your obligation to indemnify
Information right
Miscellaneous
Editorial Control and Intellectual Property
General
Termination and cancellation
Submission of ideas
Final Provisions
Violations of Terms and Conditions
Acceptance
By using our Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Arabotic website, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
Your registration obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and we, at Arabotic request that minors (under the age of 18) do not submit any personal information to us or use the service) and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Arabotic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Arabotic has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
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Agreement
This Agreement between you and Arabotic consists of these Terms and Conditions. "You" "User", "Member" or "Advertiser" means the entity identified in this enrolment form, and/or any agency acting on its behalf, which shall also be bound by the terms of this Agreement. Please read very carefully these Terms and Conditions. In this Terms & Conditions Agreement ("Agreement") "you", "your", "user" and "member" refer to each customer, "we", us" and "our" Arabotic. This User Agreement ("Agreement") is a contract between you and Arabotic and applies to your use of the Arabotic marketing services available through www.Arabotic.com (collectively the "Service").
Conditions and restriction on use
Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that Arabotic may terminate your access to Arabotic’s website or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Arabotic. Any such termination shall be in Arabotic' sole discretion and may occur without prior notice, or any notice. further reserves the right to terminate any user's access to the Arabotic or to any of the Products and Services for any conduct that Arabotic, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Arabotic or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Arabotic further reserves the right to terminate any user's access to the Arabotic or to any of the Products and Services for any reason or for no reason at all, in Arabotic' sole discretion, without prior notice, or any notice.
Privacy
You acknowledge receipt of Arabotic Privacy Policy, including our Notice Regarding the Privacy of Children under 13 While on Arabotic.
Responsibility for minors
In cases where you have authorised a minor to use the Products and Services, you recognise that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF ARABOTIC MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
Member account, password and security
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Arabotic of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Arabotic cannot and will not be liable for any loss or damage arising from your failure to comply with the terms and conditions of this website. You acknowledge and agree that all information, code, data, text, software, sound, photographs, pictures, graphics, video, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Arabotic, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Arabotic does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Arabotic be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, Arabotic does not pre-screen user or third party Content posted on Arabotic website, except for certain areas where Arabotic employs certain automated screening software, although Arabotic reserves the right to do so. Arabotic does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Arabotic reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by Arabotic. The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. The intended purpose of site building software on Arabotic is to maintain, publish and produce web sites on Arabotic that are consistent with these terms and conditions.
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Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL ARABOTIC OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF ARABOTIC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO ARABOTIC. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHT THE ARABOTIC. WITH RESPECT TO PREMIUM TRIPOD MEMBERS, ARABOTIC AND TRIPOD, INC.'S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PREMIUM MEMBER'S MOST RECENT MEMBERSHIP FEE PAYMENT. UNDER NO CIRCUMSTANCES SHALL ARABOTIC OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
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Membership
Arabotic does NOT offer knowingly any Products and Services to companies or parties that are involved or selling the following items:
- Any firearms, explosives, or weapons.
- Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
- Any alcoholic beverages.
- Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
- Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
- Any controlled substances or pharmaceuticals.
- Any items that are counterfeit or stolen.
- Any dangerous items.
- Any goods or services that do not, in fact, exist.
- Any registered or unregistered securities.
- Any items that violate or infringe the rights of other parties.
- Any items that you do not have the legal right to sell.
- Any items where paying Arabotic any of the required transactional or listing fees would cause Arabotic to violate any law.
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Each Member hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about itself and its business references as may be required by Arabotic and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Arabotic to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
- Each Member hereby represents, warrants and agrees that the use by such Member of the Service and the Site shall not:
- contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- be part of a scheme to defraud other Members or other users of the Site or for any other unlawful purpose;
- infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy;
- violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- contain information that is defamatory, libellous, unlawfully threatening or unlawfully harassing;
- contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
- involve attempts to copy, reproduce, exploit or expropriate Arabotic's various proprietary directories, databases and listings;
- involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; and
- involve any scheme to undermine the integrity of the computer systems or networks used by Arabotic and/or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks;
- link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement or the Arabotic Terms of Use; or
- otherwise create any liability for Arabotic or its affiliates.
- Each Member represents, warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from its business partners and associates to (a) act as such Member's business referee; (b) to post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member's consent to be obtained before third parties may contact the business referees.
- Each Member acknowledges and agrees that Arabotic shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. Arabotic does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
- Each Member represents, warrants and agrees that it has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Arabotic or authorizes Arabotic to display does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
- Each Member may not use the Service to send spam or otherwise send content that would violate the Agreement.
- If any Member breaches the representations, warranties and covenants of paragraphs 1, 2, 3, 4, 5 or 6 above, or if Arabotic has reasonable grounds to believe that such Member is in breach of such representations, warranties and covenants, Arabotic has the right to suspend or terminate the Service and all Service Details with respect to such Member without any compensation, and refuse any and all current or future use of the Service or any other services that may be provided by Arabotic. Further, Arabotic reserves the right in it sole discretion to remove any material it reasonably believes that is unlawful, could subject Arabotic to liability, violates this Agreement or the Arabotic Terms of Use or is otherwise found inappropriate in Arabotic's opinion. Arabotic reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Arabotic may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Arabotic shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against Arabotic for such disclosure. In connection with any of the foregoing, Arabotic may suspend or terminate the Account of any Member as Arabotic deems appropriate in its sole discretion.
- Each Member agrees to indemnify Arabotic, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of information or deletion thereof, from such Member's use of the Service or from such Member's breach of this Agreement or the Arabotic Terms of Use. Each Member further agrees that Arabotic is not responsible, and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Arabotic reserves the right; at it own expense, to assume the exclusive defences and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Arabotic in asserting any available defences.
- Member's information will be stored on our servers and Arabotic treats data as an asset that shall be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect Member personal information against unauthorized access and disclosure. However, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse Member's personal information that they collect from the Site. Therefore, although Arabotic works very hard to protect Member's privacy, Arabotic does not promise, and the Member should not expect, that your personal information or private communications will always remain private.
- FREE and Silver members may not publish links to their business sites as this feature is offered to the Gold member only, therefore Arabotic reserves the right to remove any link published by FREE and Silver members without notifications.
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Transactions between Buyers and Sellers
Through the Site, Arabotic provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. Arabotic does not represent the seller or the buyer in specific transactions and does not charge any commissions from completing any transactions, unless otherwise stated by Arabotic. As a result, Arabotic does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
Members are hereby made aware that there may be risks of dealing with people acting under false pretences. Arabotic uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Arabotic cannot and does not confirm each user's purported identity (including, without limitation, Arabotic Paid Members). We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
Each Member acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents ("Transaction Risks"). Each Member agrees that Arabotic shall not be liable or responsible for any damages that may arise a result of or in connection with any Transaction Risks.
Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
In the event that any Member has a dispute with any party to a transaction, such Member agrees to release and indemnify Arabotic (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
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Account Inactivity
After a period of inactivity, Arabotic reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the email address associated with that account may be given to another user without notice to you or such other party.
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Prohibited Conduct
You agree that you will not use Arabotic’ Products and Services to:
Upload, post, e-mail, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, convoluted, defamatory, vulgar, obscene, pornographic, libellous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
Upload, post, e-mail, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
Upload, post, e-mail, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
Harm minors in any other way.
Make any sexual request on behalf of a minor or make any sexual request of a minor.
"Stalk" or otherwise harass another.
Collect or store personally identifying information about other users for commercial or unlawful purposes.
Impersonate any person or entity, including, but not limited to, an Arabotic official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Employ misleading e-mail addresses or falsify information in the header, footer, return path, or any part of any communication.
Including e-mails, transmitted through the Products and Services.
Upload, post, e-mail, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, e-mail, or otherwise transmit, or post links to any Content that facilitates hacking.
Upload, post, e-mail, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
- Making available copyrighted software or other Content that has had the copyright protection removed.
- Making available serial numbers for software that can be used to illegally validate or register software.
- Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
- Making available any software files for which the user does not own the copyright or have the legal right to make available.
- Upload, post, e-mail, otherwise transmit, or post links to any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas that are designated for such purpose.
- Upload, post, e-mail, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or Arabotic.
- Making available copyrighted software or other Content that has had the copyright protection removed.
Use automated means, including spiders, robots, crawlers, or the like to download data from Arabotic database.
Conduct your own contests and promotions.
Upload, post, e-mail, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Arabotic database, including, without limitation, by incorporating data from any Arabotic database into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
Sell, distribute, or make any commercial use of data obtained from any Arabotic database or make any other use of data from any Arabotic database in a manner which could be expected to offend the person for whom the data is relevant.
Create and maintain an Arabotic web page (including, but not limited to tripod home page) that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages. For example, you cannot create a Tripod home page, post pictures to the Tripod home page, and have other web pages call the Tripod home page to retrieve those pictures.
Create and maintain an Arabotic web page that contains hyperlinks to content not permitted on Arabotic.
Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
Intentionally or unintentionally violate any applicable local, state, national or international law.
Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
Upload, post, e-mail, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
Disobey any Arabotic employee or representative or interfere with any action by any Arabotic employee or representative to redress any violation of these Terms and Conditions.
Access the Products and Services after your account or access has been terminated by Arabotic.
Fail to complete any transaction after submitting an order to purchase any goods or services from individual Merchants in Arabotic Shop or from any seller in Arabotic Auctions, subject to the individual Merchant's or seller's terms and conditions governing such transactions.
Submit any order to purchase goods or services from individual Merchants in Arabotic Shop or from any seller in Arabotic Auctions where you do not intend to complete the transaction.
Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Arabotic or the party from whom such software may be licensed.
Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
Engage in manipulative bidding through Arabotic Auctions, such as by making bids solely for the purpose of instigating other bidders to withdraw bids and then retracting your bid to bid at a lower price or by using multiple accounts to drive up bidding on items you are Offering for sale.
Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
Upload, post, e-mail, otherwise transmit, or post links to any material, or act in any manner that is offensive to the Arabotic business community or the spirit of these Terms and Conditions.
Advertise, offer for sale, or sell any of the following items:
- Any firearms, explosives, or weapons.
- Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
- Any alcoholic beverages.
- Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
- Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
- Any controlled substances or pharmaceuticals.
- Any items that are counterfeit or stolen.
- Any dangerous items.
- Any goods or services that do not, in fact, exist.
- Any registered or unregistered securities.
- Any items that violate or infringe the rights of other parties.
- Any items that you do not have the legal right to sell.
- Any items where paying Arabotic any of the required transactional or listing fees would cause Arabotic to violate any law. You acknowledge and agree that the Arabotic and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Arabotic and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by Arabotic, in its sole discretion. Arabotic may also terminate access to, or membership in, Arabotic, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of the Arabotic, including without limitation, information posted on message boards.
You expressly acknowledge and agree that the Arabotic may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Arabotic, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Arabotic with regard to its users may be disclosed in accordance with Arabotic's Privacy Policy.
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Advertisements
You acknowledge and agree that Arabotic runs advertisements on the web pages of its users of unpaid services and grant Arabotic the right to do so. These advertisements may include, without limitation, "banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of such advertising are subject to change.
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License to user content
With respect to any Content posted by or in connection with the Products and Services, you grant Arabotic a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such Content elsewhere with Arabotic. Such license shall apply with respect to any form, media, or technology now known or later developed.
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Payment
You agree to pay in advance the cost of all the products and services. Arabotic will not activate you directory account, setup any banner ads campaign(s) or offer any other service unless the payment process is complete. Arabotic may change its pricing at any time without prior notice. If you have an advertising campaign running and/or impressions stored for future use for any mentioned cause and Arabotic changes its pricing, you'll not need to pay any difference. Your purchased banners fee will remain the same. Charges shall be calculated solely based on records maintained by Arabotic. No other measurements or statistics of any kind shall be accepted by Arabotic or have any effect under this Agreement. Customers from the Arab countries are required to pay for at our regional offices. Customers from the rest of the world can pay at regional offices and online payment.
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Refund
We reserve the right to review, decline, approve, or issue refunds on a case-to-case basis.
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Taxation
As with all other aspects of the Products and Services, by using Arabotic Shopping, you hereby agree that you shall be responsible for all tax obligations and costs that arise from or relate to your use of Arabotic Shopping, including, without limitation, tax obligations and costs for any transactions that arise from or relate to your use of Arabotic Shopping.
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Removal of links
Arabotic occasionally receives requests from people to remove links from Arabotic search services. Although the Arabotic reserves the right to address such requests individually, the general approach that the Arabotic takes reflects the following principles: The catalogues and databases used in connection with the Arabotic search services consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, Arabotic can not and does not screen anything made available through Arabotic' catalogues and databases. In other instances, the Arabotic makes available directories, indices, and references consisting of content that has been identified, indexed, and compiled by humans.
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Disclaimer regarding third party content
Arabotic offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites displayed as search results or contained within a directory of links, Arabotic has no control whatsoever over the content of such sites. Third party content accessible through the Arabotic from such sources is developed by people over whom the Arabotic exercises no control. The search results that appear from the catalogues indexed by Arabotic's spiders or web robots are automated, and Arabotic can not and does not screen the sites before including them in the catalogues from which such automated search results are gathered. Similarly, web pages hosted by the Arabotic re posted by third parties, and, with the exception of certain automated screening functions, Arabotic can not and does not screen such web pages before they are made accessible to other users of the Arabotic. Accordingly, neither the nor its licensors assume any responsibility for the content of any site included in any search results or otherwise linked to the Arabotic web sites or in any web page hosted for a third party within the Arabotic. In instances where Arabotic does review the sites that are displayed in directories, indices, and/or references, or where Arabotic makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by Arabotic, if any, is narrowly limited to that which is necessary for compiling the particular set of links.
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Storage
Many features of Arabotic store information on behalf of users. Examples include, but are not limited to, e-mail messages, web pages, message boards, calendar functions, and postings on Arabotic Auctions. Arabotic reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user's account has been inactive.
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Professional information disclaimer
Arabotic makes available certain information provided by third parties related to various professional fields such as medicine, law, and accounting. Arabotic does not give advice in any such fields and in no way endorses any of the information provided in this manner. IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALISED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. All information made available through Arabotic is made available subject to Arabotic' Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability mentioned in the Terms and Conditions. ARABOTIC STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUE IN ANY PROFESSIONAL FIELD.
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Open directory disclaimer
Arabotic makes available certain content through its Directory. The directories, and the underlying content, are created entirely by other parties and are solely the responsibility of such other parties. Consequently, Arabotic can not, and does not, represent or warrant the reliability, accuracy, and truthfulness of that content. Although periodically Arabotic may attempt to verify the accuracy of information in the Directory, neither the Arabotic nor its agents shall be held liable for any technical inaccuracies, typographical errors or inaccuracies in the links or any information in the Directory. In addition, the Arabotic has no control over whether that content is of a nature that users will find inoffensive, tasteful and otherwise acceptable. Arabotic has NO responsibility for such content; rather, it is merely providing access to such content as a service to you. Just as when you purchase a product or service in any setting, you should exercise appropriate discretion, good judgment and caution in accessing content on the Directory and in taking any actions based upon that content. You bear all risk associated with any content that you access. Your accessing of any content through the Directory service is subject to your agreement to these Terms and Conditions. If you proceed to use the Directory, you thereby agree to be bound by these Terms and Conditions.
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Advertisers and content linked to Arabotic
Arabotic may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Arabotic to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Arabotic has no control over such sites and resources. You acknowledge and agree that Arabotic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Arabotic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Arabotic Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Arabotic shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
Arabotic encourages you to exercise discretion while using the Products and Services to browse Arabotic website. Arabotic may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. Arabotic makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to Arabotic. Arabotic shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in Arabotic' search results or otherwise linked to Arabotic or provided to Arabotic by third parties.
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Arabotic logos and search boxes
The Arabotic offers a non-assignable, non-transferable, and non-exclusive license to link to the Arabotic' website, using the Arabotic logo and search boxes, subject to the following provisions. The Arabotic logo and search boxes may be placed on a website for the sole purpose of creating a link to Arabotic website and allowing users of your site to access the Products and Services on Arabotic. The Arabotic logo and search boxes may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Arabotic and may only be used in the exact size, shape, colours, design, and configuration as found on Arabotic website. Arabotic logo and search boxes may not be altered in any manner. Arabotic logo and search boxes must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. Arabotic logo and search boxes may not be used to disparage Arabotic, its products or services, or in a manner which, in Arabotic's reasonable judgment, may diminish or otherwise damage Arabotic's good will in Arabotic logo. By using any such Arabotic logo or search box, you acknowledge that Arabotic has exclusive rights to the logo or search box and that all good will be generated through your use of the logo or search box will inure to the benefit of Arabotic.
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Permissions
If you would like permission to use any Arabotic trademark, logo, service mark, trade dress, slogan, screen shot, copyrighted design, or other brand feature, then please send us an e-mail to trademark@arabotic.com
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No license; intellectual property of Arabotic
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of Arabotic's or any third party's intellectual property rights, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate Arabotic and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of Arabotic and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Arabotic in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Arabotic, any of Arabotic' affiliates, or any of Arabotic' service providers. You agree not to use any of the trademarks or service marks or other Content accessible through Arabotic of any purpose other than the purpose for which such Content is made available to users by Arabotic. You agree not to defame or disparage Arabotic, the trademarks or service marks of Arabotic, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or Arabotic.
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Indemnity and release
By using Arabotic you agree to indemnify Arabotic and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of Arabotic, your use of the Products and Services, or your submission of ideas and/or related materials to Arabotic or from any person's use of any account or password you maintain with any portion of Arabotic, regardless of whether such use is authorised by you. By using Arabotic, using the Products and Services, or submitting any ideas and/or related materials to Arabotic, you are hereby agreeing to release Arabotic and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Arabotic. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVUOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
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Limitation of factions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Arabotic or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
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Claims of copyright infringement
If you believe that your work has been copied in any way that constitutes copyright infringement, please provide the legal department of Arabotic with a notification containing the following information:
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing, and the URL and other information reasonably sufficient to permit us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. It is the policy of Arabotic, in appropriate circumstances, to disable and/or terminate the accounts of users who engage in repeated copyright infringement.
Arabotic reserves the right to transmit the notification to the user of the site containing the allegedly infringing material. Arabotic also reserves the right to transmit any counter notification to the complaining party.
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Changes in terms and conditions and in products and services
Arabotic reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. Arabotic reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
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Merger
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Arabotic' representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual Arabotic or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.
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Non-waiver
Arabotic's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
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Relationship of parties
You acknowledge and agree that you and Arabotic is independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
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No resale, assignment or sublicensing
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorisation of Arabotic.
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Successors and assigns
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
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Termination and survival
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by Arabotic. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
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Communications with users
You consent to receive communications from Arabotic concerning your use of the Products and Services ("Communications"). The Communications may be those that Arabotic is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that Arabotic sends to you for other reasons. You consent to receive Communications electronically. Arabotic may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on Arabotic. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the e-mail or postal address to which Arabotic sends Communications by visiting your account information page.
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Submit information
Users are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete.
By submitting an order to purchase any goods or services from individual Merchants, users are obligated to complete such transactions, subject to the individual Merchant's terms and conditions governing such transactions. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions.
Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.
Arabotic has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through Arabotic Shopping or with any user of Arabotic Shopping. Arabotic can not confirm that any particular Merchant is who that Merchant claims to be. Nor can Arabotic confirm the truth or accuracy of any statements made by Merchants or control whether Merchants who post statements through Arabotic Shopping will act in accordance with those statements. Arabotic will not get involved in any dispute between users of the Service and Merchants accessible through Arabotic Shopping.
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Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Arabotic has no control over such sites and resources, you acknowledge and agree that Arabotic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Arabotic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
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Confidentiality
Arabotic will endeavour, through its appropriate authorities, to take steps to protect information stored on or by means of a system. However Arabotic will not be responsible for upholding any special restriction or condition on the handling or usage of any information unless it has been informed of the existence of such restriction or condition and has agreed to enforce it. Each party agrees not to disclose Confidential Information of the other party without prior written consent except as provided herein. "Confidential Information" includes (i) ads, prior to publication, (ii) submissions or modifications relating to any advertising campaign, (iii) click through rates or other statistics (except in an aggregated form that includes no identifiable information about you), and (iv) any other information designated in writing as "Confidential." It does not include information that has become publicly known through no breach by a party, or has been (i) independently developed without access to the other party's Confidential Information; (ii) rightfully received from a third party; or (iii) required to be disclosed by law or by a governmental authority.
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Arabotic’s right to reject
All URL links, banners, buttons, descriptions, advertising, are subject to Arabotic’s approval. Arabotic reserves the right to reject, cancel or remove any URL link, banners, buttons, descriptions, membership of business directory and advertising at any time for any reason whatsoever. Unsuitable sites include but not limited to those that promote sexually explicit material; gambling; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; and violate or infringe upon the rights of any third party, including intellectual property rights. Arabotic does not promote, advocate, accept and/or serve members with any political or religious activities. Arabotic does not accept and/or serve members from the Tobacco, Alcohol, Firearms, Explosives, or Weapons industries.
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Termination
You agree that Arabotic, in its sole discretion, may refuse to serve you, for any reason, including, without limitation, if Arabotic believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Arabotic may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
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Purchase of third party goods and services
The Site may provide users with the ability to access and/or purchase third party goods and services. Arabotic does not process or fulfil the transactions between you and such third parties. Instead, these transactions are the sole responsibility of you and such third parties. Your transactions with third parties are governed by the third party’s own terms and conditions.
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Control
We control any personal information that you give us.
- Arabotic complies with the British Data Protection Act 1998. Except as specifically provided for in the Conditions, we will treat any personal information provided by you as confidential.
- Arabotic collects information from visitors to the site so that we can make sure the site is easy to use, attractive and informative and that we are giving a high quality service.
- Arabotic may use the information you give us to put together profiles of user preferences, needs, interests, likes and dislikes.
- Arabotic may send you information about services that may be of interest to you.
- Arabotic may provide statistics and analysis about our visitors, traffic patterns and other related site information to reputable third parties. However, the statistics and analysis will not include any personal identifying information.
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Parties’ responsibilities
You are responsible of your own site and/or service advertised in Arabotic web site. You are solely responsible for the advertising image creation, advertising text and for the content of your ads, including URL links. Arabotic is not responsible for anything regarding your Web site(s) including, but not limited to, maintenance of your Web site(s), order entry, customer service, payment processing, shipping, cancellations or returns.
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Impressions count
Any hit to Arabotic web site is counted as an impression. Due to our advertising price we don't discriminate from users or automated robots. Even if you access to Arabotic web site and see your own banner ad it will be counted as a valid impression. Only in the case of Arabotic web site administrator, the impressions will not be counted.
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Category relevancy
You may only submit to categories that are relevant to your website(s). Categories and descriptions must be specific to your site and the content within your site.
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Content
Arabotic web site doesn't accepts advertising or business directory membership that contains: (i) pornography, (ii) explicit adult content, (iii) moral questionable content, (iv) illegal content of any kind, (v) illegal drugs promotion, (vi) racism, (vii) politics content, (viii) religious content, and/or (ix) fraudulent suspicious content. If your advertising and/or target web site has any of this content and you purchased an advertising package, you'll not receive refund of any kind.
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No warranty
ARABOTIC MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
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Amendment to terms
Arabotic (and/or its owners and operators as set forth below reserves the right to change the terms upon which it offers its Business Directory service, and other services to the public and may change this agreement by posting such changes. Notification of changes will be sent to all clients by e-mail. Client's continued participation in the Business Directory following such changes shall be deemed an assent to such changes.
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Jurisdiction and governing law
These conditions shall be governed by and construed in accordance with the laws of England. Arabotic’s website can be accessed from other places around the world. Although these places may have different laws from those of England, by accessing Arabotic you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of Arabotic. You and Arabotic also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of Arabotic accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws.
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Representations
You represent and warrant that (a) all of the information provided by you to Arabotic to enrol in the Advertising Campaign and business directory is correct and current; (b) you hold all rights to permit Arabotic and any Partner(s) to use, reproduce, display, transmit and distribute your ad(s); and (c) Arabotic and any Partner(s) Use, your Target(s), and any site(s) linked to, and products or services to which users are directed, will not, in any state or country where the ad is displayed (i) violate any criminal laws or third party rights giving rise to civil liability, including but not limited to trademark rights or rights relating to the performance of music; or (ii) encourage conduct that would violate any criminal or civil law. You further represent and warrant that any Web site linked to your ad(s) (i) complies with all laws and regulations in any state or country where the ad is displayed; (ii) does not breach and has not breached any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) is not false, misleading, defamatory, libellous, slanderous or threatening.
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Your obligation to indemnify
You agree to indemnify, defend and hold Arabotic, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, consultants and contractors) ("Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Advertising Program, your Web site, and/or your breach of any term of this Agreement. Customer understands and agrees that each Partner, as defined herein, has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary.
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Information rights
Arabotic may retain and use for its own purposes all information you provide, including but not limited to Targets, URLs, the content of ads, and contact and billing information. Arabotic may share this information about you with business partners and/or sponsors. Arabotic will not sell your information. Your name, web site's URL and related graphics shall be used by Arabotic in its own web site at any time as a sample to the public, even if your Advertising Campaign has been finished.
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Miscellaneous
Any decision made by Arabotic under this Agreement shall be final. Arabotic shall have no liability for any such decision. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Arabotic in collecting unpaid amounts under this Agreement. This Agreement shall be governed by the laws of the United Kingdom. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in the United Kingdom. This constitutes the entire agreement between the parties with respect to the subject matter hereof. Advertiser may not resell, assign, or transfer any of its rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Arabotic and without any refund. The relationship(s) between Arabotic and the "Partners" is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be construed as if both parties jointly wrote it.
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Editorial Control and Intellectual Property
You acknowledge and agree that Arabotic has complete editorial freedom in terms of the content, look and feel and technical aspects of Arabotic website and Service and that the content, look and feel and technical aspects of the Arabotic website or Service may change at any time and that Arabotic may make such changes at its absolute discretion.
You further acknowledge and agree that (i) the positioning of Listings and whether or not and how they are displayed is at Arabotic's absolute discretion, (ii) Arabotic may offer the same word or phrase to more than one bidder and may offer any word, phrase, name or trade mark to any other bidder in relation to their own Listings, and (iii) listings may not be displayed if, for a given word or phrase, there are more advertisers or listings than available display positions. Listings may appear shortened (truncated) on some implementations throughout our third party partner distribution network.
The software, hardware, equipment, systems and technology underlying, and all other data, information and content residing or subsisting in or created, collected, processed, compiled, analysed or derived (including without limitation all account details, summary information, reports, results or data) using, Arabotic website, service and additional programmes and the copy in listings (including without limitation all intellectual property or other proprietary rights anywhere in the world residing or subsisting therein) is or are owned by Arabotic or its licensors and you assign to Arabotic absolutely and unconditionally all present and future intellectual property and other proprietary rights and title to any such item or thing (whether created before or after the date that these Terms and Conditions commence).
Without limiting the foregoing paragraph, you grant Arabotic, its affiliates and third party partners, distributors, resellers, licensees and users the right and licence, on an irrevocable, perpetual, royalty-free, world-wide basis, to use, sub-licence, modify, adapt, reformat, recompile, decompile, disassemble, reverse engineer, copy, display, distribute, transmit, publish including without limitation as if it were in the public domain, create derivative works from, or transfer or sell listings or any part of them as envisaged under these Terms and Conditions, including accessing or using software spiders or crawlers or manually extracting and using information from the relevant site or uniform resource locator for the purpose of assessing content and relevance to any particular word or phrase.
Subject to the provisions of these Terms and Conditions, Arabotic grants to you a personal, royalty-free, non-exclusive, limited, revocable, non-assignable, non-transferable and non sub-licensable right for the term that these Terms and Conditions or any programme Terms apply to use Arabotic website, service and additional programmes (including if applicable to download and use one copy of any software which Arabotic provides to you) in the jurisdiction from which you first access Arabotic website or service in accordance with these Terms and Conditions.
Except for the limited license expressly granted herein, nothing shall be construed as Arabotic granting to you any right, title or interest in or to Arabotic website, service or any additional programme (or any part of them) or right under any patent, trade secret or other intellectual property rights of Arabotic.
The foregoing right of Arabotic may, without limitation, be exercised:
In circumstances in which you are in breach of or otherwise do not comply with these Terms and Conditions, the Programme Terms or other policies or guidelines that Arabotic! Search Marketing may post in relation to Arabotic website, Service or Additional Programmes from time to time;
If you become insolvent or have a receiver or administrator appointed over all or any of your business or assets or pass a resolution to that effect or enter into a voluntary or similar arrangement with your creditors or threaten to cease or threatens to cease your business activities;
if Arabotic in its absolute discretion believes that your money on Account are insufficient, your credit/debit card expires or has reached any limit applied by your card issuer or bank or until any cheque or transfer has fully cleared into the account of or held on behalf of Arabotic;
in relation to budgeting and Listings being de-listed and re-listed as described in these Terms and Conditions;
if Arabotic believes your conduct is harmful to other advertisers or members who participate in Arabotic website, Service or Additional Programmes;
if Arabotic does not believe that you are authorised to use the Site, Service, Additional Programme or any user name or password; or by Arabotic making any new Terms and Conditions available on Arabotic website or notifying you in writing (including without limitation by e-mail) of any new Terms and Conditions.
You acknowledge and agree that the precise functionality of the Arabotic website, Service, Additional Programmes and any other systems provided by Arabotic in connection with these Terms and Conditions or any Programme Terms may be changed by Arabotic from time to time. In addition, Arabotic may discontinue offering Arabotic website, Service or Additional Programmes at any time.
Any suspension or termination (howsoever occasioned) shall not affect any accrued rights or obligations nor shall it affect the continuation in force of any provisions of these Terms and Conditions or any Programme Terms which by implication are intended to survive such suspension or termination (or any provisions under the headings "Editorial Control and Intellectual Property", "Payments and Refunds", "Indemnification, Disclaimer and Liability", "Suspension, Cancellation and Termination", "Confidential Information" and "General" in these Terms and Conditions).
You agree to immediately cease using the Arabotic website, Service and any Additional Programme which has been suspended or terminated and all information, data, program code or software, user names and passwords, intellectual property and Confidential Information (defined below) of Arabotic! Search Marketing (and destroy all copies thereof).
Confidential Information
You shall treat as strictly confidential and use solely for the purposes contemplated by these Terms and Conditions all information, whether technical or commercial, obtained or received by you in connection with these Terms and Conditions and any Programme Terms or using the Arabotic website, Service or any Additional Programmes ("Confidential Information") and shall not, except with the prior written consent of Arabotic publish or otherwise disclose to any person any Confidential Information except for the purposes contemplated by these Terms and Conditions. This restriction shall not apply to any information being required by law or by any securities exchange or regulatory or governmental body to be disclosed, or to any information lawfully in your possession prior to the commencement in force of these Terms and Conditions, or to any information in the public domain.
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General
If Arabotic is unable to provide the Arabotic website, Service or any Additional Programmes at any time for any reason beyond its reasonable control (including without limitation acts of God, war, terrorism, riot, strikes, utility or communications failures, any failure connected to the internet, earthquake, floods, fire, governmental action, including without limitation changes in law or regulation) such failure shall not constitute a breach of these Terms and Conditions or any Programme Terms by Arabotic!
Privacy Policy and Data Collection:
By using the Site, Service and any Additional Programmes you or any person you allow to access and use your account may provide Arabotic with certain personal data. By doing so (by virtue of you entering into these Terms and Conditions), you agree (and shall ensure that each other person agrees) to Arabotic's use of such data (i) in accordance with the Privacy Policy (ii) for the purposes of providing you with the Site, Service, any Additional Programme and to administer your account (including without limitation contacting you about the Site, Service, any Additional Programme, your account, these Terms and Conditions, any Programme Terms and any products or services of Arabotic or its affiliates from time to time), and (iii) including without limitation the disclosure of such data to affiliates, employees, agents, representatives, and subcontractors of Arabotic (and the transfer of that data to countries which may not afford the same level of protection of such data). You must ensure that no personally identifiable information of visitors or customers of, site(s) is made available to Arabotic or its affiliates in any way using or in connection with your use of the Site or Service.
Notices:
Arabotic may give you general notices by posting them on the Arabotic website and if possible, by written notice including without limitation by electronic mail to your e-mail address or by post to your postal address. Notices will be deemed received when an e-mail is received in full save where it is received on a weekend or public holiday in the place or receipt in which case it will be deemed received on the next business day.
Entire Agreement:
These Terms and Conditions, any Programme Terms and other document or information expressly referred to in these Terms and Conditions, constitutes the entire agreement between the parties with respect to the subject matter contained therein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between you and Arabotic.
Assignment and Subcontracting:
You may not assign or transfer any of your rights or obligations, or subcontract the performance of any of its obligations, under these Terms and Conditions or any Programme Terms. Arabotic may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Terms and Conditions or any Programme Terms to any third party at any time without your consent (such consent hereby being given).
Third Party Rights:
A person who is not a party to these Terms and Conditions has no right to enforce or rely upon any provision of these Terms and Conditions or any Programme Terms, except that an affiliate of Arabotic from time to time may directly enforce any right or remedy of Arabotic under these Terms and Conditions and any Programme Terms (as if such affiliate was Arabotic).
Severability:
The provisions of these Terms and Conditions and any Programme Terms are severable and the invalidity or unenforceability of any provisions hereof shall not affect the validity or enforceability of the other provisions of these Terms and Conditions and any Programme Terms.
Waiver:
The failure of Arabotic to enforce (or fully enforce) any provisions of these Terms and Conditions and any Programme Terms or other rights or remedies under statute, common law or in equity shall not be construed as a waiver or limitation of Arabotic's right to subsequently enforce and compel strict compliance with every provision of these Terms and Conditions and any Programme Terms or to exercise (or further exercise) these or other such rights or remedies.
Choice of Law:
These Terms and Conditions and any Programme Terms, and all matters arising from or in connection with them, shall be governed by the laws of the United Kingdom.
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Termination; Cancellation
You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to Arabotic. However, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. Arabotic may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
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Submission of ideas
Arabotic also welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or other content (collectively, "content") received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Arabotic to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You hereby waive any claim to the contrary.
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- The contract constitutes the entire and exclusive statements of the agreements between the parties with respect to its subject matter and there are no oral or written representations, understandings or agreements relating to the contract which are not fully expressed in the contract.
- Arabotic reserves the right to amend these Terms and Conditions at any time, without giving reasons, unless an amendment is unreasonable to the User. Arabotic shall give due notice of any amendments of these Terms and Conditions to the User. If the User does not object to the applicability of the revised Terms and Conditions within two (2) weeks after receipt of said notice, the amended Terms and Conditions shall be deemed to be accepted by the User. Arabotic shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.
- Unless otherwise stated in these Terms and Conditions, the User may submit all notices to Arabotic using the contact form provided under the link "Contact" accessible from Arabotic-website, by letter post or by facsimile. Arabotic may submit notices to the User by e-mail, facsimile or letter post to the addresses the User has provided as the User's current contact data in the User's user account.
- If any provision of these Terms and Conditions is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision.
- The place of delivery of any obligations and/or performances under these Terms and Conditions shall be Arabotic's main place of business.
- To the extent admissible by law or statute, exclusive venue for all legal disputes arising from these Terms and Conditions and/or the contractual relationship between the parties shall be Arabotic's main place of business.
- These Terms and Conditions and the contractual relationship shall be governed exclusively by the applicable laws and statutes of the United Kingdom.
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Violations of Terms and Conditions
Please read the entire Terms and Conditions, as all Arabotic properties, Products and Services are offered subject to these Terms and Conditions. Should you violate these Terms and Conditions or any other rights of Arabotic, Arabotic reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all member accounts on Arabotic.
If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access Arabotic. Where you are an agent or authorised representative in relation to the Listings you agree:
- to these Terms and Conditions on your own behalf;
- to ensure that each advertiser, member or other third party that you are an agent or representative of agrees in writing to comply with your obligations under these Terms and Conditions as if the advertiser, member or third party was you under these Terms and Conditions and to be directly liable to Arabotic for any act or omission in this regard;
- to ensure that only you may deal with Arabotic and no advertiser, member or other third party that you are an agent of or that you are authorised to represent may do so (and then only for as long as Arabotic is satisfied that you are such an agent or authorised representative).
The Terms and Conditions may be amended from time to time as made available on Arabotic or notified to you in writing (including without limitation by e-mail) and each time you use the Service you agree to these Terms and Conditions as amended. If you do not agree to such amended Terms and Conditions, you must immediately notify Arabotic in writing and immediately stop using Arabotic and Service.
If you are aware of any violations of these Terms and Conditions, please report them to: legal@arabotic.com
We hope your enjoyment of Arabotic' Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the Arabotic business community to continue to be a place where each of us can prosper and grow within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.
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