For the purposes of these Terms and Conditions of Service, a “Subscriber” is a person who creates an account on the Website (or for whom Injazat creates an account on the Website) to access and use the Services (an “Account”). A “User” is a person utilizing a Subscriber’s access to the Services.
If You are creating an Account on behalf of an entity, You hereby represent, warrant and covenant that You have all necessary legal authority to bind such entity to these Terms and Conditions of Service. If You are creating an Account on Your own behalf, you hereby represent, warrant and covenant that You are of the age of majority and able to enter into binding contracts in accordance with applicable law.
SOME JURISDICTIONS HAVE CONSUMER PROTECTION, NON-WAIVABLE STATUTORY RIGHTS AND OTHER LEGISLATION WHICH MAY APPLY TO THE SERVICES AND WHICH DO NOT ALLOW CERTAIN PROVISIONS SUCH AS EXCLUSION OF LIABILITY OR CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT AN EXCLUSION, LIMITATION, RESTRICTION OR OTHER PROVISION SET OUT HEREIN IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
1.1 The Subscriber hereby represents, warrants and undertakes that it is: (i) in the case of a company, duly incorporated, organized and/or established and validly exists under the laws of the jurisdiction of Your incorporation, organization or establishment (as the case may be) and has all necessary licenses, consents and permissions to enter into this Agreement, receive the Services from Injazat and perform Your obligations in accordance with the terms of this Agreement; or (ii) in the case of an individual, of the age of majority and able to enter into binding contracts in accordance with applicable law. The Services are not targeted towards, nor intended for use by, anyone who is considered a minor under applicable law. By using the Services, you represent and warrant that you are not a minor. We may, in our sole discretion, refuse to offer or provide the Services to any person and change our admissibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions of Service and Your use of the Services are in compliance with all laws and regulations applicable to You. We reserve the right to terminate and revoke Your access to and use of the Services where You do not comply with any of these Terms and Conditions of Service or your access to and/or use of the Services is prohibited under or non-compliant with applicable laws. You acknowledge and agree that the Services are offered only for Your use, and not for the use or benefit of any third party.
1.2 To sign up for the Services, the Subscriber must register for an Account. You must provide accurate and complete information and keep Your Account information updated. You shall not select or use as a user name: (i) the name of another person with the intent to impersonate that person; (ii) a name subject to third party rights without appropriate authorization; or (iii) a name that is offensive, vulgar or obscene. You are solely responsible for the activity that occurs on Your Account, regardless of whether the activities are undertaken by You, Your employees or a third party (including Your contractors or agents), and for keeping Your Account password(s) secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in Your admissibility to use the Services (including any changes to or revocation of any of Your licenses from local or federal government authorities), breach of security or unauthorized use of Your Account. You should never publish, distribute or post login information for Your Account. You agree to provide accurate information in Your registration and not to share Your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify Injazat promptly of any unauthorized use of Your Account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these Terms and Conditions of Service and shall constitute grounds for immediate termination of Your Account and Your right to use the Services. INJAZAT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNT SECURE.
2.1 For purposes of these Terms and Conditions of Service, the term “Content” includes, without limitation, information, data, text, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services or any part thereof. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
2.2 All Content added, created, uploaded, submitted, distributed, or posted to the Services by Users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the Subscriber (and its Users) who uploads such User Content. You represent, warrant and undertake that all User Content provided by You and/or Your Users is accurate, complete, up-to-date and not unlawful, in facilitation of illegal activity, obscene, threatening, fraudulent, abusive, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’ and that such User Content is uploaded, accessed, stored, distributed or transmitted during the course of the Services in a manner compliant with all applicable laws, rules and regulations and without causing damage or injury to any person or property. You acknowledge that all Content, including User Content, accessed and used by You in relation to the Services is at Your own risk and You will be solely responsible for any damage or loss to You or any other person resulting therefrom. Injazat reserves the right (but not the obligation) to remove or edit User Content, but does not regularly review posted User Content. We do not guarantee that any Content You access on or through the Services is or will continue to be accurate.
2.3 The Services may contain Content provided by us, our partners, Subscribers and Users and such Content is protected by copyright, trademarks, service marks, patents, trade secrets or other proprietary rights. You acknowledge and agree that Injazat and/or its licensors own all intellectual property rights in and to the Services. You will abide by and maintain all copyright and other proprietary notices, information and restrictions contained in any Content accessed through the Services.
2.4 Subject to these Terms and Conditions of Service, We grant each User of the Services a worldwide, non-exclusive, revocable, non-sub-licensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Except as expressly stated herein, this Agreement does not grant You any rights to, or in, any intellectual property or other proprietary rights or licenses in respect of the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content or the Services for commercial use or in any way that violates the Terms and Conditions of Service and/or any third party rights.
2.5 By publicly posting any User Content to the Services or any part thereof, You hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such User Content in connection with the Website, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website and/or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after the termination and/or revocation of your Account and/or the Services. You also hereby grant each User of the Website and/or the Services a non-exclusive, worldwide, royalty-free, perpetual license to access and use any of Your User Content that is available to such User on the Website and/or the Services for the purposes of using the Services. By submitting any User Content to the Services (including privately transmitted User Content), You hereby grant Us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, and perform such User Content solely for the purpose of providing the Services and administering Your Account. For clarity, the foregoing licenses granted to us and to Users does not affect your ownership or rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed with Us in writing. You represent, warrant and undertake that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, contractual rights, or any intellectual property or proprietary rights. You represent, warrant and undertake that You or Your licensors own all right, title and interest in and to all User Content uploaded to the Services by You or Your Users. You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of such User Content, and You represent, warrant and covenant that use of the User Content You supply does not violate this Agreement and will not cause injury or damage to any person or entity. You will indemnify Injazat for all claims resulting from or arising in relation to User Content. Injazat has the right but not the obligation to monitor and edit or remove any activity or Content. Injazat takes no responsibility and assumes no liability for any User Content posted by you or any third party.
3.1 As a condition of use of the Services, you will not to use the Services for any purpose that is prohibited by these Terms and Conditions of Service or otherwise non-compliant with any applicable laws. You are responsible for all of your activity in connection with the Services and the activity of any User that uses your access code or Account.
3.2 You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that: (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography, that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion; (ii) you know is false, misleading, untruthful or inaccurate; (iii) constitutes unauthorized or unsolicited advertising; (iv) impersonates any person or entity, including any of our employees, officers, directors, affiliates, partners, agents or representatives; or (v) includes anyone’s identification documents or sensitive financial information.
3.3 You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; (vi) harvest or scrape any Content from the Services; (vii) use the Services for high risk activities including but not limited to the operation of nuclear facilities, air traffic control, life support systems, or any other use where the failure of service could lead to death, personal injury, or environmental damage; (viii) access, or attempt to access any information related to any other User, or (ix) otherwise take any action in violation of our terms, guidelines and policies.
3.4 You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction and then only to the extent allowed and in accordance with such applicable laws; (ii) modify, translate, or otherwise create derivative works of any part of the Services; (iii) copy, rent, lease, distribute, or otherwise transfer or commercially exploit any of the rights that you receive hereunder; or (iv) access all or any part of the Services in order to build a product or service which competes with the Services. You shall abide by all applicable laws and regulations in relation to your use of the Services.
3.5 We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms and Conditions of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our employees, directors, officers, affiliates, partners, Subscribers, Users and the public.
3.6 Subscribers are restricted from registering multiple Accounts with the same billing details without first notifying Injazat of that intent. Injazat shall have the right to automatically flag such Accounts or any other use or Accounts which may be fraudulent, as fraudulent or abusive, and Injazat may, without notification to the Subscriber of such Account, suspend and/or terminate the Services of such Account and/or any other Account used by such Subscriber. The use of referral codes by multiple Accounts having the same billing profile is not allowed. Injazat also reserves the right to suspend or terminate a Subscriber's Account if it is targeted by malicious activity from other parties or if a Subscriber’s or its Users’ use of the Services otherwise poses a security risk.
3.8 You are solely responsible for User Content including for applying appropriate security measures to User Content, including encryption of sensitive data. You use the Service entirely at Your own risk and We are not responsible and will not be liable for any damage to, or any loss or misuse of, systems or equipment you use in connection with the Services.
3.9 The obligations and violations specified in this Section 3 of these Terms and Conditions of Service are not meant to be exclusive, and Injazat hereby provides notice to You that it has and will exercise its authority to take whatever action is necessary to protect itself, its employees, directors, officers, affiliates and partners, the Services, Subscribers, Users and third parties from acts that would be harmful or obstructive to them or the Services.
Lawful Use of the Network
3.10 In using the Services, Subscribers must comply with, and refrain from violations of, any: (i) rights of any other person; (ii) applicable laws and regulations; and (iii) contractual duty, all of the foregoing including without limitation the laws of the Emirate of Abu Dhabi and the federal laws of the United Arab Emirates, and all applicable laws forbidding: (a) distribution of child pornography; (b) forgery, identity theft, misdirection or interference with electronic communications; (c) invasion of privacy; (d) unlawful sending of commercial electronic messages or other marketing or electronic communications; (e) collection of excessive user data from children, or other improper data collection activities; (f) securities violations, wire fraud, money laundering, or terrorist activities; and (f) false advertising, propagating or profiting from frauds and unfair schemes. Subscribers will also comply with the affirmative requirements of applicable laws governing use of the Services, including but not limited to: (i) disclosure requirements, including those regarding notification of security breaches; (ii) records maintenance including for regulated industries; and (iii) financial institution safeguards.
Agreed Use of Allotted Network Resources
3.11 Subscribers shall not use any method to circumvent any of the provisions of these Terms and Conditions of Service, or to obtain Services in excess of those for which they contract with Injazat. Subscribers shall use only those IP addresses that are assigned to them by Injazat, and shall not use any IP addresses outside of their assigned range. Subscribers shall not use any mechanism to exceed the amount of resources assigned to them through the Services, or to conceal such activities.
3.12 Subscribers may not use the Services to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to: (i) trojans; (ii) key loggers; (iii) viruses; (iv) malware; (v) botnets; (vi) denial of service attacks; (vii) flood or mail bombs; (viii) logic bombs; or (ix) other actions which Injazat reserves the sole right to determine to be malicious in intent.
3.13 Subscribers shall not send bulk email utilizing their resources on the Services unless they maintain a double-authorized list of subscribed members including IP addresses and relevant contact information, along with following guidelines for including removal links with all sent emails according to applicable laws. Subscribers shall comply with all applicable laws regarding the sending of commercial electronic messages or other marketing or electronic communications. Subscribers are hereby prohibited from taking any action that would result in their IP addresses, or any IP address associated with Injazat, its partners or other Users or Subscribers, being placed on the Spamhaus.org blacklist. Injazat reserves the sole and absolute right to determine whether an email violation has occurred.
Invasion of Privacy, Defamation, or Harassment
3.14 Subscribers and Users shall not use the Services in a manner that would violate the lawful privacy and/or data protection rights of any person, or to publish or republish defamatory or libelous statements, or to harass or embarrass, which shall in each case be as determined by Injazat’s sole and absolute discretion.
Violation of Intellectual Property Rights
3.15 Subscribers may not use the Services in violation of the copyrights, trademarks, patents, trade secrets or other intellectual property rights of third parties, nor shall they utilize the Services to publish any such materials in a manner that would expose them to public view in violation of applicable law. Injazat will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a Subscriber of Injazat is violating its intellectual property rights, it should notify us through the Website. A notification should include information reasonably sufficient to permit Injazat to locate the allegedly infringing material, such as the IP address or URL of the specific online location where the alleged infringement is occurring.
Export Controls and International Trade Sanctions
3.16 Subscriber shall and shall ensure that its Users’ comply with all applicable export and import control laws and regulations in its use of the Services. In particular, Subscriber shall not utilize the Services to export, re-export or otherwise transfer data or software without acquiring all applicable licenses required by the UAE government and by any other government. Subscriber assumes full legal responsibility for any access and use of the Services (including access from abroad), with full understanding that the same may constitute export of technology and technical data that may implicate export regulations and/or require export license. Should such a license be required, it shall be Subscriber's responsibility to obtain the same, at Subscriber’s sole cost and expense, and in the event of any breach of this duty resulting in legal claims against Injazat, Subscriber shall defend, indemnify and hold Injazat harmless from all claims and damages arising therefrom.
3.17 Subscriber represents, warrants and undertakes that it:
(a) is not an “Embargoed Person,” or acting for or on behalf of an Embargoed Person, and is not subject to a denial of export privileges. For purposes of this Agreement, an “Embargoed Person” is:
(i) any person or company that is identified on any applicable official government asset freeze or economic sanctions list, including but not limited to those identified in Canada’s United Nations Act, Canada’s Special Economic Measures Act, the U.S. “Specially Designated Nationals and Blocked Persons” List (SDN List), the EU Consolidated List and/or the UN Consolidated List;
(ii) any company that is owned or controlled by any Embargoed Person, whether or not identified in any list; or
(iii) any person or company in any country subject to applicable economic sanctions and trade restrictions (“Sanctioned Country”);
(b) shall not use the Services in or for the benefit of a “Sanctioned Country”, being any country subject to a trade sanction (including asset blocks, trade embargoes and other financial restrictions pursuant to economic sanctions laws, regulations and orders of any jurisdiction); and
(c) shall not use the Services for any purpose related to the proliferation of chemical weapons, biological weapons, missiles, rockets, nuclear weapons or any other purpose prohibited under applicable export control laws.
Notwithstanding anything to the contrary in this Agreement, Injazat may, in its sole discretion and in addition to its other rights and remedies under this Agreement and at law, immediately terminate this Agreement if Injazat should receive information which it reasonably determines to be evidence of a breach by a Subscriber or a Subscriber’s User(s) of any representation, warranty or covenant set forth in this Section 3.17. Subscriber shall defend and indemnify Injazat for any losses, damages, costs and expenses (including attorneys’ fees incurred) resulting from a breach of this Section 3.17.
Acts of Sub-Users
3.18 Subscribers are responsible for the acts of others including without limitation their employees, agents, independent contractors and any other persons utilizing the Subscriber’s access credentials to access and/or use the Services or any part thereof. Subscriber shall ensure that its’ Users access and use the Services in accordance with these Terms and Conditions of Service. Subscribers are responsible for violations of these Terms and Conditions of Service by their Users. Any activity that a Subscriber is prohibited from performing by these Terms and Conditions of Services is equally prohibited to anyone using the access to the Services of the Subscriber.
Access Code Protection
3.19 Subscribers shall, and shall ensure that their Users shall, utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access information.
Notification Regarding these Terms and Conditions of Service
3.20 Subscribers shall notify all of their Users of the provisions of these Terms and Conditions of Service, and shall inform them that the terms of these Terms and Conditions of Service are binding upon them.
3.21 Subscribers shall notify Injazat if and when they learn of any security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or Injazat to cure the security breach.
Acceptable Payment Methods
5.1 Injazat accepts major credit cards. The Subscriber shall on subscription, provide to Injazat valid, up to date and complete credit card details acceptable to Injazat and any other required valid, up to date and complete contact and billing details. Virtual credit cards and gift cards typically will not be accepted. Other forms of payment may be arranged by contacting Injazat including through the self-service portal on the Website. Please note that any payment terms presented to you in the process of using or signing up for paid Services are deemed part of this Agreement.
5.2 We use third-party payment processors (the “Payment Processors”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the paid Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge Your chosen payment provider (Your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
5.3 The term of this Agreement shall be monthly, to commence on the date that the Subscriber signs up electronically for the Services by creating an Account with an email address. All invoices are denominated, and Subscriber must pay, in U.S. Dollars or Emirati Dirham (AED). Subscribers are typically billed monthly on or about the first day of each month, with payment due no later than ten (10) days past the invoice date. You will pay Us the amount due using one of the payment methods We provide. On rare occasions, a Subscriber may be billed an amount up to the Subscriber's current balance in an effort to verify the authenticity of the Subscriber's Account information. This process ensures that Subscribers without a payment history are not subjected to additional scrutiny. All fees payable for Services under this Agreement are exclusive of all taxes and duties including without limitation VAT and similar sales tax. Subscribers are entirely responsible for the payment of all taxes chargeable including without limitation any applicable VAT and similar sales tax. You will notify us of applicable taxes including VAT prior to using the Services and provide Us with all information we reasonably request from time to time with regard to applicable taxes and VAT, including VAT identification number(s). In addition, Subscriber shall provide to Injazat all applicable valid tax exemption certificates prior to using the Services. We will only apply any such valid tax exemption certificates to applicable fees chargeable after receipt of the same. Also, You will pay any additional amounts necessary to cover any deduction or withholding required by law so that the amount You pay us is equal to the amount due and payable to us as if no such deduction or withholding had been required and if required by Us, You will provide Us with evidence showing the amount withheld or deducted has been paid to the relevant authority. To the extent any VAT, sales or similar tax is due further to the introduction of the tax or an increase in the rate pursuant to a change in law after the Subscriber creates an Account, such tax or increase shall be deemed not to be included in, and shall be payable by Subscriber in addition to the fees payable pursuant to this Agreement. Monthly fees and renewal fees will be billed at the rate then in effect but We may change the amount payable for existing Services at any time by publishing the revised fees on the Website. However, if We increase or add to the amount payable for any existing Services, We will give You 30 days’ prior notice of any such increase/addition. We may also add new charges for new Services and features effective from the time of their addition. Except in the case of subscription commitments you have agreed to, you may cancel the Services at any time by logging into your Control Panel. Except in the case of subscription commitments you have agreed to, which shall be nonrefundable, to the fullest extent permitted by law, if you cancel, you agree that fees for the first month of Services and any start-up costs associated with setting up your Account (“Start-up Costs”) shall be nonrefundable. All amounts due under this Agreement are payable by You without set-off, deduction or withholding.
5.4 Some of the paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
5.5 YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU (OR WE) HAVE TERMINATED YOUR PAID SERVICES IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
5.6 Payments not made within ten (10) days of invoicing will be deemed in arrears. For accounts in arrears, if any amount is more than ten (10) days overdue, without the requirement of providing notice of such arrears, Injazat may suspend Service to such Account and bring legal action to collect the full amount due, including any attorneys’ fees and costs. Servers will be temporarily powered off during the suspension period.
Suspension for Nonpayment
5.7 If a Subscriber is past due on their balance, Injazat may at any time upon notice with immediate effect, terminate this Agreement (including during a suspension period). Injazat reserves the right to delete the Subscriber Data and User Content on Subscriber's suspended machines after sending the termination notice.
5.8 Redemption of promotional credit is applied by Injazat at its sole discretion including as to availability and duration of the credit.
6.1 We have no special relationship with or fiduciary duty to You. You acknowledge that we have no duty to take any action regarding: (i) which Subscribers gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Services or the Content.
6.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, OR LEGALITY OF MATERIAL OR CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES.
6.3 THE SERVICES, INCLUDING WITHOUT LIMITATION ANY INFORMATION DELIVERED AS PART OF THE SERVICES, AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE WITH DATA, AVAILABILITY, ACCURACY, THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEBSITE OR THAT THE SERVICES ARE UNINTERRUPTED OR ERROR FREE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES CONTAIN INFORMATION PROVIDED BY ONE OR MORE THIRD PARTY DATA PROVIDERS. INJAZAT DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE INFORMATION PROVIDED BY ANY SUCH THIRD PARTY PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT NEITHER INJAZAT NOR ANY SUCH THIRD PARTY PROVIDER HAS ANY OBLIGATION TO CORRECT INFORMATION ABOUT YOU EXCEPT TO THE EXTENT IT IS REQUIRED TO DO SO BY APPLICABLE LAW. INFORMATION YOU REQUEST MAY NOT BE AVAILABLE OR MAY NOT BE PROVIDED, AND INJAZAT HAS NO LIABILITY FOR SUCH FAILURE. IN NO EVENT WILL INJAZAT WARRANT OR GUARANTEE THE CORRECTNESS, COMPREHENSIVENESS, COMPLETENESS, ACCURACY, TIMELINESS OF ANY INFORMATION, PRODUCTS, OR SERVICES ON THIS WEBSITE. THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR WEBSITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. IN ADDITION INJAZAT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR ANY OTHER LOSS OR DAMAGE RESULTING FROM THE TRANSFER OF DATA OVER COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, AND THE CUSTOMER ACKNOWLEDGES THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, INTERRUPTIONS, SLOWDOWNS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES.
6.4. Injazat may offer “beta” versions or features of the Services (each, a “Beta Service”). Injazat will determine, at its sole discretion, the availability, duration (the “Trial Period”), features, and components of each Beta Service. For avoidance of doubt, any Beta Service is a form of the Services and the provision and use of any Beta Service is subject to the entirety of this Agreement, unless otherwise provided for in this Section 6.4. ANY BETA SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. INJAZAT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY BETA SERVICE. Notwithstanding anything to the contrary in this Agreement, in no event will Injazat be liable to you or any third party for any damages or liability related to, arising out of, or caused by any Beta Service and/or any modification, suspension, or termination thereof. If Injazat permits you to use a Beta Service, you agree to provide Injazat Feedback and respond to Injazat’s questions or other inquiries regarding your use of the Beta Service, if requested and as applicable. If Injazat permits you to use a Beta Service, you specifically agree, in addition to the requirements set forth in Section 3 of this Agreement, to not: (i) use the Beta Service for benchmarking or performance testing or publicly disseminate performance information or analysis from any source relating to the Service; (ii) modify or create derivative works of the Beta Service or remove any product identification, proprietary, copyright or other notices contained in the Beta Service; or (iii) allow any other company, organization or person (as applicable) to access or use the Beta Service. Injazat at its sole discretion shall determine whether or not to continue to offer any Beta Service, and may cease offering any Beta Service at any time. Upon completion of a Trial Period, you may lose access to the applicable Beta Service, unless or until the features of the Beta Service are incorporated into the Services, and you agree to return or destroy all copies of documentation and confidential information related to the Beta Service. Any production candidate or non-production version of the Services will be considered a Beta Service. Subscriber grants to Injazat a limited license to use, reproduce, distribute, and display any data provided to Injazat by Subscriber and/or any User of a Beta Service solely for facilitating the purposes of this Agreement (such data collectively, “Beta Data”): (i) as required to provide the Beta Service; and (ii) in de-identified form, to tune, enhance and improve the Service and other Injazat products and services. Subscriber represents and warrants that it has all necessary rights to grant Injazat the rights set forth in this Section, and that it will comply with all applicable laws, regulations, and other obligations regarding the collection, use and disclosure of Beta Data. Injazat may use de-identified or aggregated Beta Data collected through a Beta Service for any purpose, including, without limitation, to enhance and improve the Services.
7.1 Each party may be given access to “Confidential Information” (being information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in this Section 7) from the other party in relation to this Agreement. A party’s Confidential Information shall not be deemed to include information that:
(a) is or becomes publicly known other than through any act or omission of the receiving party;
(b) was in the other party’s lawful possession before the disclosure;
(c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
(d) is independently developed by the receiving party, which independent development can be shown by written evidence;
(e) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
7.2 Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.
7.3 Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its Users, employees, contractors or agents in violation of the terms of this Agreement.
7.4 Injazat shall not be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
7.5 You acknowledge that details of the Services and related information and materials provided by Injazat to the Subscriber in relation to the Services constitute Injazat’s Confidential Information.
7.6 Injazat acknowledges that the Subscriber Data is the Confidential Information of the Subscriber.
7.7 The above provisions of this Section 7 shall survive termination of this Agreement for a period of 3 years.
8.1 Subscriber is solely responsible for the preservation of Subscriber's data which Subscriber, its Users or Injazat on behalf of Subscriber, saves onto its virtual server and inputs into the Services for the purposes of using the Services or facilitating the Subscriber’s use of the Services (the “Subscriber Data”). EVEN WITH RESPECT TO SUBSCRIBER DATA AS TO WHICH SUBSCRIBER CONTRACTS FOR BACKUP SERVICES PROVIDED BY INJAZAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, INJAZAT SHALL HAVE NO RESPONSIBILITY TO PRESERVE SUBSCRIBER DATA. INJAZAT SHALL HAVE NO LIABILITY FOR ANY SUBSCRIBER DATA THAT MAY BE LOST, OR UNRECOVERABLE, BY REASON OF SUBSCRIBER’S FAILURE TO BACKUP ITS SUBSCRIBER DATA OR FOR ANY OTHER REASON.
10.1 IN NO EVENT SHALL WE, NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, SERVICE PROVIDERS AND LICENSORS, BE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THIS AGREEMENT, THE SERVICES, CONTENT OR THE USE OR INABILITY TO USE THE WEBSITE OR ANY LINKED WEBSITE, FOR: (I) ANY LOSS OF PROFITS, REVENUE, USE, GOODWILL, DATA, CONTRACTS, OPPORTUNITIES OR BUSINESS, ; (II) BUSINESS INTERRUPTION, CORRUPTION OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ANTICIPATED SAVINGS OR PURE ECONOMIC LOSSES; (III) SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR SIMILAR DAMAGES, LOSSES, COSTS AND EXPENSES OF ANY KIND WHATSOEVER AND HOWEVER ARISING; (IV) LOSSES, DAMAGES, COSTS AND EXPENSES OF ANY KIND ARISING OUT OF ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); AND (V) ANY DIRECT DAMAGES, LOSSES, COSTS AND EXPENSES WHATSOEVER AND HOWSOEVER ARISING. SUBSCRIBER HEREBY AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBSCRIBER’S SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO AND USE OF THE SERVICES. IN ANY CASE, SUBJECT TO 10.1 (I) – (IV) (INCLUSIVE) ABOVE, INJAZAT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, SERVICE PROVIDERS AND CONTENT PROVIDERS SHALL NOT BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY DIRECT DAMAGES, LOSSES, COSTS AND EXPENSES WHATSOEVER AND HOWSOEVER INCURRED IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID TO US BY YOU FOR THE PARTICULAR SERVICES CAUSING THE DAMAGE DURING THE PRIOR SIX MONTH PERIOD; EVEN IF INJAZAT IS ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT INJAZAT WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. IN ADDITION, YOU AGREE THAT INJAZAT IS NOT RESPONSIBLE FOR ANY DATA COMPILED BY OUR SERVICES AND THAT INJAZAT WILL NOT BE LIABLE, IN ANY MANNER, AS A RESULT OF YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, UNLAWFULLY HARASSING, OBSCENE OR OTHERWISE UNLAWFUL CONTENT OR DATA. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT SOME OF THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11.1 YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING INVESTIGATION, REMEDIATION, AND REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OTHER USER’S INFORMATION OR CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS AND CONDITIONS OF SERVICE OR OF ANY LAW, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY. WE WILL PROVIDE REASONABLE CO-OPERATION TO THE SUBSCRIBER IN THE DEFENCE AND SETTLEMENT OF ANY CLAIM, AT THE SUBSCRIBER’S EXEPENSE. WITHOUT PREJUDICE TO ANY OF THE FOREGOING PROVISIONS IN THIS SECTION 11, WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US AT YOUR OWN EXPENSE IN SUCH MATTERS INCLUDING IN ASSERTING ANY AVAILABLE DEFENSES.
12.1 Injazat reserves the right, in our sole discretion, to suspend and/or terminate Your access to all or any part of the Services at any time, with or without notice, effective immediately or as otherwise specified in the notice, including but not limited to: (i) as a result of your violation of any of these Terms and Conditions of Service or any applicable law; (ii) if You file for bankruptcy, become insolvent or make an assignment for the benefit of creditors; (iii) if you misuse system resources or if You or any of Your Users’ use of the Services may adversely affect the Services or Content of any other Subscriber or User or otherwise be reasonably likely in our sole discretion to subject Us to third party liability or place us in violation of applicable laws, including without limitation by employing programs that consume excessive network capacity, CPU cycles or disk IO. Any such termination may result in the forfeiture and destruction of information associated with your Account. Without limitation to the generality of the foregoing, Injazat may terminate this Agreement and Your access to and use of the Services in accordance with the provisions of Sections 1.1, 1.2, 3.6, 3.14, 3.17 or 5.7 of this Agreement. In addition, except as otherwise expressly provided herein, Injazat may provide 30 days’ prior written notice of the intent to terminate Services to You if such notice will not, in Injazat's discretion, run counter to the intents and purposes of these Terms and Conditions of Service, and Injazat may terminate this Agreement at the end of such period unless the relevant breach or ground for termination is cured during that time. Without limitation to the foregoing, Injazat may terminate this Agreement for convenience upon 30 days’ prior written notice to the Subscriber. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services. Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to Injazat in accordance with the terms of this Agreement before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as Injazat’s costs for collection (including attorneys’ fees) of any fees or other liabilities. Upon termination, any and all rights granted to Subscriber and its Users by this Agreement will immediately be terminated, and Subscriber shall and shall ensure that its Users shall promptly discontinue all use of the Services. The Subscriber may export its Subscriber Data and User Content off the Services at any time. Injazat may destroy or otherwise dispose of any of the Subscriber Data and User Content in its possession following termination of this Agreement or of any Service governed by this Agreement. All provisions of these Terms and Conditions of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination shall not be affected or prejudiced.
13.1 This Agreement shall be governed by and construed in accordance with the laws of the Emirate of Abu Dhabi and the federal laws of the United Arab Emirates, without regard to principles of conflict of laws. Subject to Section 15 below, you agree that any dispute arising from or relating to the subject matter of these Terms and Conditions of Service shall be governed by the exclusive jurisdiction and venue of the courts of the Emirate of Abu Dhabi. To the extent permissible under applicable law, Subscriber consents to service of process via email at the email address(es) provided by the Subscriber and waives any requirement under the Hague Convention or other judicial treaty requiring that legal process be translated into any language other than English.
14.1 You and Injazat hereby agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to this Agreement or the breach, enforcement, interpretation, formation or validity of this Agreement, the Services or any other dispute between you and Injazat (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party at least 30 days in which to respond to or settle the Dispute. Notice shall be sent: (i) if to Injazat at Injazat Headquarters, Z23 Mohammed Bin Zayed City, PO Box 8230, Abu Dhabi, United Arab Emirates (with copy to firstname.lastname@example.org); or (2) if to You at: Your last-used billing address or the billing and/or shipping address in your Account information. The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the notice of the Dispute is received, you or Injazat may commence an arbitration proceeding.
15.1 Subject to Section 15.2 below, in the interest of resolving disputes between you and Injazat, you and Injazat agree that every dispute arising in connection with these Terms and Conditions of Service or its subject matter will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms and Conditions of Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND INJAZAT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15.2 Despite the provisions of Section 15.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party (subject to applicable law) to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, provincial, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
15.3 YOU AND INJAZAT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT, IF APPLICABLE UNDER LOCAL LAW, AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Injazat agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
15.4 If any or all of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in that case, the parties agree that to the maximum extent permissible by applicable law, the jurisdiction described in Section 13 will exclusively govern any action arising out of or related to these Terms and Conditions of Service.
15.5 The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
16.1 Injazat shall not be liable to the Subscriber nor its Users under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond Injazat’s reasonable control, including, without limitation, acts of God, war, unrest or riot, civil commotion, malicious damage, compliance with law or any governmental order, rule, regulation or direction, strikes, lock-outs, other industrial disputes, any action of a governmental entity, weather, storm, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, accident, breakdown of any plant or machinery, default of suppliers or sub-contractors, or any unforeseen change in circumstances, or any other causes beyond its reasonable control. Injazat will communicate to Subscriber the occurrence of any such event and its expected duration and shall use reasonable efforts to remedy the effects of such a force majeure event.
16.2 You are granted a limited, non-exclusive right to create a hypertext link to the Website provided such link does not portray Injazat and/or its affiliates or partners or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Injazat trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page without Injazat's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Injazat or any third party.
16.3 The Website contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by Injazat or its partners, including but not limited to, the mark "Injazat". Injazat and the Injazat product and service names referenced in the Website are either trademarks, service marks or registered trademarks of Injazat. Any unauthorized use of the foregoing is strictly prohibited and all rights in same are reserved by Injazat. No use of any Injazat trademark may be made by any third party without express written consent of Injazat. Other products and company names mentioned in the Website may be the trademarks of their respective owners.
16.4 Elements of Injazat's Website are protected by trade dress, trademark, unfair competition, and other laws and may not, unless otherwise permitted hereunder, be copied in whole or in part. No logo, graphic, or image from the Website may be copied or retransmitted without Injazat's express written permission. The images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website are the property of Injazat or its licensors and are protected by copyright, trademark and other laws. In addition to our rights in individual elements of the Website, Injazat or its licensors owns copyright or patent rights in the selection, coordination, arrangement and enhancement of any images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website. You may copy such images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of such images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of Injazat.
16.5 This Agreement, including all related terms and policies incorporated by reference herein, constitutes the entire agreement between the parties related to the subject matter hereof and (unless otherwise agreed in writing by the parties) supersedes any prior or contemporaneous agreement between the parties relating to the Services. A valid waiver hereunder shall not be interpreted to be a waiver of that obligation in the future or any other obligation under this Agreement. The failure or delay of either party to exercise any right or remedy provided for herein or at law shall not be deemed a waiver of that right or remedy or any other rights and remedies hereunder nor the further exercise of any of them. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. In order for any waiver of compliance with these Terms and Conditions of Service to be binding, it must be given by way of written notice through an authorized representative. Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law. If any provision of this Agreement is prohibited by law or held to be unenforceable, that provision will be severed and the remaining provisions hereof shall not be affected such that this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply whatever modification is necessary to give effect to the commercial intention of the parties. Each of the parties acknowledge and agree that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to subject-matter of this Agreement, other than as expressly set out in this Agreement. This Agreement does not confer any rights on any person or party (other than the parties to this Agreement and, where applicable, their successors and permitted assigns). This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. This Agreement may be signed or otherwise agreed to electronically or your access and use of the Services will manifest your consent to this Agreement. These Terms and Conditions of Service are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without Your consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions of Service and neither party has any authority of any kind to bind the other in any respect. The section and paragraph headings in these Terms and Conditions of Service are for convenience only and shall not affect their interpretation. All references to “laws,” “rules,” or “regulations” references any and all applicable laws, rules and regulations, whether domestic or foreign. Any reference to a “person” in this Agreement includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns. A reference to a “company” in this Agreement shall include any company, corporation or other body corporate, wherever and however incorporated or established. Unless otherwise specified in these Terms and Conditions of Service, all notices under these Terms and Conditions of Service will be in writing and will be deemed to have been duly given when received, if personally delivered (including by courier) or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices to Injazat should be sent to email@example.com. In addition and notwithstanding the foregoing, Injazat may provide notice to you by posting a communication on the Website (effective upon posting) or by sending an email to the email address currently associated with Your Account (effective upon sending the email, whether or not You receive it). All communications and notices to be made or given under this Agreement shall be in English.