Zeedna : Site Owners' Terms & Conditions

Date of the last revision: Janury 2nd, 2011

These Zeedna Terms of Service set out the terms and conditions that apply to everyone who accesses or uses the Zeedna.com website, including to create and/or operate a social network (a "Network") using the tools and content available on the Zeedna.com website or any other tools or services provided by Baraka Ventures (collectively, the "Service").

By accessing and using the Service (or any portion of it), you agree to be bound by and to adhere to the following provisions, including any schedules, exhibits and related materials that are attached and/or incorporated by reference (collectively, the "Service Terms").

The Service Terms apply between Baraka Ventures LLC ("Baraka") and you (the "Network Owner") and, amongst other things, set out the rules you must abide by when operating a Network using the Service. They also require you to allow Baraka certain directly enforceable rights against users ("Users") of any Network you operate under the terms of service you apply to govern Users' access to and use of your Network ("Network/User Terms"). However, there is no direct contractual relationship between Baraka and any User in relation to any Network, and you shall be solely liable to Users for any breach by you of your Network/User Terms.

Baraka expressly reserves the right to amend and otherwise modify the Service Terms (or any portion thereof) periodically without advance notice. Please check the Service Terms each time that you use the Service to ensure that you are aware of any changes to the Service Terms. The posted Service Terms will indicate the date on which they were last updated. Your continued use of the Service after the adoption and/or implementation of any such changes shall be deemed to indicate your acceptance and agreement with any and all such amendments and/or modifications. If you do not agree with any particular changes to the Service Terms and/or to the Service, your only remedy is not to use the Service and to cancel the account(s) for which you previously signed-up.

If there is a conflict between these Service Terms and any other policies, rules, regulations or guidelines posted on the Service (including any Network/User Terms you implement in respect of your Network), Baraka shall resolve such conflict in its sole discretion. Any questions about the Service Terms should be sent (via email) to support@zeedna.com.

Baraka’s service principles:

You Own Your Content. Baraka does not own any proprietary content created by users of the Service.
Changes to Pricing Programs. Baraka gives users thirty (30) days' advance notice of any changes to its pricing plans.
Good Faith Efforts to Resolve Disputes. Baraka uses good faith efforts to resolve any problems experienced by its users.
Access to Your Content Materials. Baraka gives users the opportunity to access and relocate their content if they choose to cancel their Account.
Explanation of Reasons for Suspension or Deletion. If Baraka has to suspend or terminate a user's Account, it will explain its reasons for taking this action.
Support for the Service. Baraka's support community encourages open and honest opinions, reviews and, indeed, potential criticism of the Service.

All of our service principles are subject to the detailed provisions of these Service Terms.

Important Terms That Apply if You Create or Manage a Network – Please Read Carefully

You must not allow or encourage anyone to access, register with or otherwise use any Network you create using the Services unless you and they unconditionally agree to the Network/User Terms that Baraka provides to you in full (current Network/User Terms are available at www.zeedna.com/legal/network/terms), including as may be updated by Baraka from time to time in its discretion.
You may not in any circumstances add to, remove from or otherwise vary the Network/User Terms except:
- as agreed by Baraka in advance and in writing; or
- to apply terms which are specific to any products and/or services your make available to Users through your Network which are not in any way inconsistent with or contradictory to the Network/User Terms or the Service Terms (as determined by Baraka in its sole discretion).
Baraka shall have the right in its sole discretion to choose whether to allow or reject any proposed variations to the Network/User Terms that you wish to make.
The Network/User Terms that Baraka provides to you shall govern the contractual relationship between you and each User of your Network, and you could incur liability to Users if you do not comply with the Network/User Terms. In addition, failure by you to comply in full with the Network/User Terms that Baraka provides to you shall be a material breach of these Service Terms, entitling Baraka to terminate any Account and/or Network that you create using the Service.
You shall immediately notify Baraka of any breach of the Network/User Terms (whether by you or any of your Users) of which you become aware, and shall comply with any instructions given to you by Baraka in respect of that breach (including, where necessary, terminating the account of any User in breach of the Network/User Terms). You acknowledge that, where you are in breach of the Network/User Terms (and/or these Service Terms), Baraka shall have the right to terminate any Account and/or Network you have with the Service and/or may exercise rights of step-in to assume control of any Network you have created.
Baraka reserves the right to instruct you to terminate the account of (and/or to block access to your Network by) any User that Baraka believes has:
1. breached the Network/User Terms applicable to your Network; or
2. breached the Network/User Terms applicable to any other Network hosted with and made available through the Service.
Where so instructed by Baraka, you shall immediately terminate the account of (and/or block access to your Network by) any such User. If you fail or are unable to take any such action, you agree that Baraka may take this action on your behalf.
You agree that Baraka shall have the right to enforce Network/User Terms directly against Users in order to maintain, preserve or protect the Service or where Baraka otherwise considers it necessary to do so (including in instances where you refuse or fail to enforce Network/User Terms against non-compliant Users). Such direct enforcement rights shall include, but not be limited to, the right to terminate the account of any User of your Network who is in breach of the Network/User Terms. However, you acknowledge that Baraka shall have no liability to consumers for breaches of the Network/User Terms (other than where and to the extent required by applicable law) and that you shall be solely liable to Users for any such breach by you.
You will provide Baraka with all assistance and do all acts and things Baraka considers necessary to enable it to enforce Network/User Terms directly against Users or otherwise to enjoy the benefit of any of the Network/User Terms.
You shall immediately notify Baraka if:
1. any of the Network/User Terms are held or determined unenforceable under applicable law; or
2. you receive any correspondence, question or complaint from any person relating to your Network or any of the Network/User Terms (whether or not a User, and including any regulatory or law enforcement body).
YOU SHALL AT ALL TIMES INDEMNIFY Baraka AND KEEP Baraka INDEMNIFIED FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, HARM, COSTS (INCLUDING REASONABLE LEGAL COSTS), FEES, EXPENSES AND OTHER LIABILITIES DIRECTLY OR INDIRECTLY SUFFERED OR INCURRED BY Baraka AS A CONSEQUENCE OF:
1. YOUR FAILURE TO IMPLEMENT AND SECURE UNCONDITIONAL USER ACCEPTANCE TO NETWORK/USER TERMS PROVIDED TO YOU BY Baraka; OR
2. ANY BREACH OR ALLEGED BREACH BY YOU OF YOUR NETWORK/USER TERMS.

Payments

You must hold either a valid credit card, an account with an approved third party payment provider (e.g. PayPal) or any other approved payment method that Baraka notifies to you in order to pay for any Account that involves a charge.
Where applicable and legal, payments are provided by check (current for one-time fees, and post dated for recurring fees). Recurring fee payments by check are quarterly, semi-annually or annually, made in advance of the services rendered. Any excess service charges are billed monthly and due immediately upon receipt of the invoice.
Where charges apply, your use of the Service is and will be billed by Baraka in advance on a monthly basis and any and all payments are non-refundable.
There will be no refunds or credits for any partial month(s) of Service, nor any refunds or credits for any unused portion of any month(s), relating to any registered Account.
All fees charged by Baraka are exclusive of all other taxes, levies, or duties imposed by any applicable taxing authorities, and you are solely responsible for payment of any and all such taxes, levies, and/or duties. For example, if your use of the Service is subject to any use or sales tax, then Baraka shall be entitled to also charge you for any such governmentally-imposed charges (in addition to the subscription and other fees for the particular payment plan that you have selected).
Technical support is only made available to the owner of an active Account and that is current with respect to all monthly charges and other payment obligations accrued with respect to such Account. Technical support will only be provided via email.
When you provide Baraka with details about your chosen payment method, you are
1. representing that you are the owner (or an authorized user) of the payment method you have chosen, and
2. confirming that Baraka is entitled to charge the referenced payment method for the particular subscription fee and other charges (if any) applicable to the particular payment plan that you have chosen.
You must promptly notify Baraka of any changes to your chosen payment method (e.g., Account details, expiration date, etc.), and you must immediately notify Baraka if your chosen payment method expires or is cancelled for any reason.
You are responsible for all of the charges that are incurred as a result of your use of the Service, including, without limitation, any applicable taxes, as well as for all purchases made by you or anyone else that you authorize, allow or otherwise permit to access and use your Account(s) and/or any web page(s) or content that relates to your Account(s). You are also responsible for any Internet service provider charges, as well as for any telephone, wireless and/or other connection fees that you may incur when accessing and using the Service.
Recurring Fees: commence upon live site deployment, or 60 days time lapse from date of contract signing, whichever comes first.
Any delays in the receipt of payment will be subject to a late fee of 2% above the EIBOR rate applied for every month or part of a month and/or risk discontinuation of the service. If the project is cancelled or terminated for any reason, you will be billed for all costs to date. If Baraka must retain attorneys to collect payment of our invoices, in part or in full, we will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.
Additional Costs: Zeedna fees do not include any of the following: imagery (photography and illustration, both original and stock); custom application design, advanced integration with existing software applications (CRM, ERP or other), author’s alterations (see Revisions below); rush charges necessary to meet your deadlines; transportation, travel time or expenses; disks or transferable media; delivery charges; or long distance calls. All production costs are based on final copy being supplied by you electronically. If this is not the case, additional charges may apply.
Change Orders: Aquote will be issued to cover the cost of revisions if Baraka determines that they alter the original scope of work. Additional change orders will adhere to all terms of service.

Service and Pricing Changes

Baraka reserves the right at any time and from time to time to modify, change, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice to you or any third party.
Any new modifications that alter, change, improve, enhance, augment, or otherwise modify the then-current Service, including, but not limited to, the release of new tools, utilities, resources, features or functionality, shall be subject to the Service Terms.
Notice of any change(s) to the Service and/or any related pricing programs may be provided by Baraka (or its representatives) at any time and from time to time by posting notice of the applicable change(s) to the Service website.
Any pricing programs relating to the Service that are adopted by Baraka, including, but not limited to, monthly subscription plan fees, are subject to change but only after thirty (30) days advance notice (which may be provided via email and/or otherwise posted on or within the Service).
Baraka shall have no obligations or liability to you or to any third party (including Users) for any modifications to the Service, or any pricing changes, or any suspension or cessation of the Service (or any part thereof), any Network or your Account (or any aspect thereof), and/or any amendments or other modifications to any aspect of the Service Terms.
You acknowledge and agree that the cancellation of your Account(s) and related payment plan(s) and service(s) hereunder is your sole right and exclusive remedy with respect to any dispute that you may have that relates in any manner to the Service, including, without limitation, any dispute arising from or in connection with
1. the Service Terms or any of Zeedna's policies, rules, regulations, or guidelines relating to the Service;
2. your ability or inability to access and/or use the Service;
3. the fees and related charges, taxes, duties, billing methods or procedures, or any changes with respect to any of the foregoing; and
4. the content (including, without limitation, any related data and information) displayed or otherwise made available as part of or otherwise in connection with the Service.

Cancellation or Termination of Your Network Owner Account

You may elect to cancel your network Account at any time for any reason or for no reason by following the cancellation procedure ("Cancellation Procedure")
It is your sole responsibility to cancel your network Account properly, using the Cancellation Procedure. The cancellation procedure calls for you to initiate an email communication to support@zeedna.com requesting that your network Account should be cancelled will . If you chose to delegate the cancellation to your representatives, the email should include a letter signed by (you) an authorized signatory stating your intent to cancel. While you may communicate with employee(s) or representative(s) of Baraka via telephone or email, the cancellation of your network Account will not be effective unless and until you indicate your desired intention to cancel your network Account using the Cancellation Procedure listed above.
If you elect to cancel your Account, we may delete your proprietary content from the servers where they were previously stored as part of the Service in which event that content cannot be subsequently retrieved. However, we may retain your Account registration details where required or otherwise permitted by law.
All User data and Account data relating to a cancelled network Account, as well as any content made available in or on the applicable Network, will no longer be accessible by means of the Service following the effective date of cancellation. Please be advised that none of the content posted in or on your Network on or before the effective date of cancellation will be able to be accessed or recovered by you or any Users once your network Account is cancelled. Baraka shall have no obligation or liability to you with respect to the deletion or loss of any such User and account data or any Network content.
If you cancel your network Account before the end of the then-current paid-up recurring payment period, your cancellation will take effect immediately and you will not receive a refund or credit for the unused portion of such payment period.
If your bandwidth usage or server storage requirements (on the servers owned or controlled by Baraka) exceeds the maximum requirements established by Baraka for your type of network Account (as determined by Baraka, at its sole discretion), Baraka reserves the right to immediately upgrade your network account and thereby procure the higher bandwidth usage and/or storage requirement to support your network Account activities and charge you accordingly for additional costs.
Any data export requirements will be provided for a fee. The fee is dependent on the type and amount of data export required, delivery medium and method, and will be quoted in accordance with the Zeedna pricing at the time the data export is requested.
You acknowledge and agree that the cancellation of your network Account(s), Network(s) and related payment plan(s) and service(s) offered by Baraka hereunder is your sole right and exclusive remedy with respect to any dispute that you may have with Baraka (or any of its affiliates) that relate in any manner to the Service, including, without limitation, any dispute arising from or in connection with
1. the Service Terms or any of Baraka’s policies, rules, regulations, or guidelines relating to the Service;
2. your ability or inability to access and/or use the Service;
3. the fees and related charges, taxes, duties, billing methods or procedures, or any changes with respect to any of the foregoing; and
4. the content (including, without limitation, any related data and information) displayed or otherwise made available as part of or otherwise in connection with the Service.

Ownership of Service and User-Generated Content

Baraka and its licensors own and/or otherwise control all rights, title and interests in and to the Service, including, without limitation, any and all copyrights, trademarks, patents, and all other intellectual property and other proprietary rights relating to the Service (collectively, the "Proprietary Rights"). The underlying computer programs comprising the Service, as well as the look and feel of the Service, are copyrighted ©2008-2011 Baraka Ventures FZ-LLC, and any and all rights therein and thereto are expressly reserved by Baraka Ventures FZ-LLC. These rights are protected by U.A.E. and international intellectual property laws, statutes and regulations. You acknowledge and agree that you will not duplicate, reproduce, copy, alter, adapt, prepare any derivative work, modify, perform or display (publicly or otherwise), distribute, or otherwise use or exploit the Service (or any part thereof) or any portion of the HTML/CSS, user interface and/or other audio-visual design elements relating to the Service (except in accordance with the terms and subject to the conditions referenced in the Service Terms) without Baraka's prior written consent.
Baraka hereby grants you, effective upon completion of registration of an Account that entitles you to access and use the Service, a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable right and privilege, under the applicable Proprietary Rights, to
1. reproduce and use the object code version of the computer software that underlies, comprises and enables the Service (the "Service Software") solely for the purpose of accessing, creating, posting and otherwise using the Service and the social networks that are created with the Service Software and that are made available as part of the Service to registered users and other individuals who access and use the Service, and
2. to reproduce, publicly display and distribute, but solely as part of the Service, the content made available by Baraka in conjunction with the Service, all in accordance with the terms and subject to the conditions of the Service Terms and such separate policies, rules, regulations and guidelines (if any) applicable to such content.
Please be advised that neither Baraka nor any of its affiliates grants you or any third party any rights or interests with respect to any content that are authored, created or made available by any other registered users or other individuals who access and use the Service.
For the avoidance of doubt, Baraka claims no intellectual property rights with respect to any of the content that you elect to provide to the Service, including your profile and any materials you voluntarily elect to upload to the Service and/or to the web pages that you create that are associated with your registered Account(s). However, by choosing to make your web pages and related content available on the Service in a form that is intended to be shared publicly, you hereby grant to Baraka and its affiliates a non-exclusive license (with rights of sublicense) to reproduce, prepare derivative works, publicly display, publicly perform, and distribute any and all such web pages and content as part of the Service, and you agree to allow all registered users and other individuals who access and use the Service, to access, view, reproduce, publicly display, publicly perform, comment upon, review, share, and otherwise use and distribute your web pages and related content (or any portions of any of the foregoing) as part of or otherwise in connection with the Service. Similarly, where you choose an option in the Service that allows you to make your web pages and related content available on the Service to be shared in a non-public context as part of the Service, you hereby grant to Baraka and its affiliates a non-exclusive license (with rights of sublicense) to reproduce, prepare derivative works, display, perform, and distribute any and all such web pages and related content as part of the Service on the applicable non-public basis.
You acknowledge that Baraka does not pre-screen any of the various content and materials (including, without limitation, any related data and information) submitted and posted on and/or as part of the Service by you, any Users of your Network or any of the other individuals or entities that elect, at their discretion, to access and/or use the Service (whether or not registered with the Service) or any third-party advertisers that have a contract for the marketing and advertising of any third-party products or services by means of the Service. You agree that Baraka shall not have any obligations or responsibilities, nor any liability of any kind or nature, with respect to any such content or materials, and Baraka hereby expressly disclaims any obligation to monitor and all liabilities with respect to any such content or materials that do not originate with Baraka.
Baraka expressly reserves the right, at all times and at its sole discretion, to quarantine, remove, delete and/or refuse to continue to allow to be displayed and distributed on or as part of the Service any web page(s), or any content or materials and/or related data or information relating to your Account(s) that is made available via the Service to interested users (whether or not registered with the Service), such as, for example, and not as a limitation upon the generality of the foregoing, any content or materials that Baraka believes may violate the rights of any third party or contravene any of the terms or conditions referenced in the Service Terms.
Baraka further reserves the right, at all times and at its sole discretion, to access, read, preserve and disclose any and all content and materials (including, without limitation, any related data and information) that it believes is necessary or that would facilitate
1. compliance with any applicable law, statute, regulation, legal process or governmental request;
2. the enforcement of the Service Terms, including, without limitation, the investigation of any apparent or perceived breach or default hereunder;
3. the detection, prevention, and/or other efforts to address any apparent or perceived misrepresentation, fraud, security issue or technical matter;
4. the investigation or other efforts to respond to any customer or other user support request;
5. any efforts to secure and/or protect any of the rights, title and interests of Baraka relating to the Service (including, without limitation, the API), and safeguarding the property and protecting the safety and security of Baraka, its users (whether or not registered with the Service) and the public.

Online Conduct for Network Owners and Users

Online conduct should be guided by common sense having regard to the nature of the Service and respect for other users (whether or not registered with the Service) and for the employees and representatives of Baraka, as well as respect for the laws, statutes and regulations that would apply to one’s conduct in the real (i.e., offline) world. Inappropriate behaviour or illegal activities identified on and/or in connection with the Service or any Network will not be tolerated. Please be advised that we will terminate the Account(s) of anyone (including Users) who engages in inappropriate behaviour or illegal activity on and/or in connection with the Service or any Network, and we shall be free to cooperate with law enforcement officials with respect to any illegal activities or actionable conduct.
You acknowledge and agree that you will be personally responsible for your use of the Service and for all of your communications and activities on and/or in connection with the Service and any of your Networks, including, without limitation, any and all content and materials (including, without limitation, any related data and information) that you or Users of your Network contribute to the Service (whether alone or in collaboration with others).
You will violate the Service Terms if you or any Users do any of the following:
1. Copy, reproduce, duplicate, upload, post, host, display or perform (publicly or otherwise), market, advertise, promote, distribute, transmit, or otherwise disseminate any content or materials (including, without limitation, any related data or information):
  1. that are illegal or otherwise promote or encourage any illegal activity (including, without limitation, hacking, cracking, or the distribution of counterfeit software, or any products or services derived from any such activities); or
  2. that you do not own or have permission to freely distribute; or
  3. that violates any laws or regulations worldwide.
2. Engage in any activity in connection with the Service that violates any laws or regulations worldwide, including without limitation laws as to indecency, child protection, extreme pornographic images, racial hatred and terrorism.
3. Copy, reproduce, duplicate, upload, post, host, cause to be displayed or performed (publicly or otherwise), distribute, transmit, or otherwise disseminate any unsolicited email, SMSs, or "spam" messages
4. Copy, reproduce, duplicate, upload, post, host, cause to be displayed or performed (publicly or otherwise), distribute, transmit, or otherwise disseminate any worms, viruses, corrupted data, or any other such code of a destructive nature (aka, malware)
5. Modify any part of the Service, the Network/User Terms or any web site(s) related to the Service that Baraka has not expressly authorized you in writing to modify
6. Hack into, adapt, or otherwise modify the Service (or any part thereof) and/or any other website so as to falsely imply that it is associated with the Service or Baraka (or any of its affiliates), or any products or services of Baraka (or any of its affiliates)
7. Hack into, decipher, adapt, modify or otherwise attempt to interfere with any transmissions to or from any of the servers that are used to operate the Service
8. Copy, reproduce, duplicate, offer to sell, sell, resell or otherwise exploit any portion of the Service, or any access or use of the Service, without Baraka's prior written consent (which consent may be granted or withheld at Baraka's sole and absolute discretion)
9. Harass, threaten, intimidate, embarrass, disparage, or do anything else to any other user (whether or not registered with the Service) or guest of the Service that is offensive, unwarranted or unwanted (as determined by Baraka, at its sole discretion)
10. Exploit any vulnerability, "bug", or other programming error in the Service Software or the Service, or communicate the existence of any such matter, either directly or indirectly to any other user (whether or not registered with the Service) or guest of the Service
11. Claim or pretend to be an employee or representative of Baraka (or any of its affiliates) or take any action that would imply that you have any such relationship with Baraka (or any of its affiliates), or impersonate any other person, including, without limitation, any celebrity, professional athlete, or other individual of public renown
12. Attempt to obtain any password or other Account information, or any other private information, regarding any other user (whether or not registered with the Service) or guest of the Service
13. Post messages or other correspondence for any purpose other than personal communications, such as, for example, any advertising, marketing or promotional materials regarding illegal gambling activities, chain letters, pyramid schemes, or that otherwise attempt to implement any unauthorized or illegal commercial use of the Service
14. Disrupt the flow of conversations in chat rooms with, for example, vulgar or abusive language, excessive "shouting" in ALL CAPS, "spamming", "flooding" (i.e., posting repetitive text) or inputting large images that result in any displayed audiovisual work and/or related data or information appearing to move by too fast to be read by other participants in a chat room
15. Post or otherwise disseminate within the Service or through any web site(s) that are part of the Service or outside of the Service any real-world personal information regarding any other user (whether or not registered) or any guest of the Service
16. Use any features or functionality that are part of the Service (e.g., complaint buttons or customer service request forms) to make any false report to any employees or representatives of Baraka (or any of its affiliates)
17. Intentionally do anything that interferes with the opportunity or ability of any other user (whether or not registered with the Service) or guest of the Service to enjoy the features and functionality of the Service in accordance with the Service Terms, and/or that materially increases the costs or expenses of implementing, operating, administering, supporting and/or maintaining the Service (or any part thereof)
18. Violate the Network/User Terms applicable to your Network or any other Network (whether operated by you or any other Network Owner) for which Baraka provides services.
Baraka expressly reserves the right (but without any obligation) to remove any content and materials and terminate any Account (as applicable) that contains any content, data and/or information that either it or Baraka determines, in its sole discretion, to be illegal, unlawful, harassing, threatening, intimidating, or an infringement of any third party’s intellectual property rights or other proprietary rights, or a violation of any of the terms or conditions referenced in the Service Terms or any policies, rules, regulations or guidelines adopted by Baraka or its affiliates (as applicable), at its/their sole discretion.
If Baraka or its affiliates (as applicable) determine that the use of any third-party widgets or any other such content or materials that are made available on the Service interfere with the operation, performance and/or functionality of the Service, they will have the right to suspend the Service and/or your Account and/or to allow you the opportunity to correct and remedy the noted problem to their reasonable satisfaction.
Harassment, intimidation or disparaging comments (whether verbally or in writing) or other abusive conduct or communications (including threats of abuse or retribution) directed at Baraka (or any of its affiliates), or any of the officers, directors, employees, members, licensors, customers, agents or representatives of Baraka (or any of its affiliates), will result in immediate Account termination without advance notice and without any obligation or liability to the owner of such Account(s) or any third party.
Please be advised that if you violate the Service Terms or any Network/User Terms, Baraka may issue a warning to you regarding your violation, or, alternatively, Baraka, at its sole discretion, may elect to suspend or terminate any and all network Accounts and/or Networks that you have established. You acknowledge and agree that Baraka is not required to provide you with any form of written or verbal notice before suspending or terminating your Account(s) and/or Network(s), although Baraka may choose to do so, at its sole discretion.

Disclaimer of Warranties Relating to the Service

The Service is provided on an "as is" and "as available" basis, without any warranties of any kind, including, without limitation, any implied warranties of merchantability, fitness for any particular purpose, title, or non-infringement. You acknowledge and agree that your use of the Service (or any part thereof) is entirely at your sole risk and expense.
Baraka does not guarantee or warrant that
1. the Service will be uninterrupted, timely provided, secure, or error-free;
2. the results that may be obtained from any use of the Service will be accurate, complete or reliable;
3. the Service will meet your expectations or specific requirements;
4. the quality of any products, services, information, or other materials purchased or otherwise obtained by you through the Service will meet your expectations; or
5. any errors confirmed to exist in the Service will be corrected.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER Baraka NOR ANY OF ITS AFFILIATES, NOR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, LICENSORS, CUSTOMERS, AGENTS OR REPRESENTATIVES OF Baraka OR ANY OF ITS AFFILIATES, SHALL HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE AND/OR SOFTWARE), AND THE ENTIRE COST AND RISK OF YOUR USE OF THE SERVICE AND/OR INABILITY TO USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR REAL OR PERSONAL PROPERTY, INCLUDING, WITHOUT LIMITATION, YOUR COMPUTER HARDWARE AND/OR SOFTWARE) RESIDES SOLELY AND EXCLUSIVELY WITH YOU.
You expressly acknowledge and agree that neither Baraka nor any of its affiliates nor any of the officers, directors, employees, members, licensors, customers, agents or representatives of Baraka (or any its affiliates) shall be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages, including, but not limited to, damages for loss of sales, revenues, profits, use, data, goodwill, or any other tangible or intangible losses (even if Baraka has been advised of the possibility of any such loss or damages), resulting from:
1. your use or any inability to use the Service;
2. the cost of procurement of substitute goods and/or services resulting from any goods, data, information or services purchased or obtained, or messages received, or transactions entered into, by means of or otherwise in connection with the Service;
3. any unauthorized access to or alteration of your user or Account data or related information, or any content or materials, postings, communications, transmissions, or any related data or information;
4. any conduct, statements, representations, or content or materials of any third party contained within or otherwise displayed on or as part of the Service;
5. the suspension, cancellation or termination of your Account(s); or
6. any other matter(s) relating to the Service or the Service Terms.
You acknowledge that the technical processing and transmission of the Service, including your user and Account data, content and related data and information
1. may be distributed in an unencrypted form
2. may involve transmissions by means of various networks and equipment that are not owned or controlled by Baraka, and
3. may require adaptive changes to conform to technical requirements of any connecting networks and/or devices,
and you agree that Baraka shall have no obligation or liability to you or any third party as a result of or otherwise in connection with any such matters.
You further acknowledge that Baraka contracts with third parties to provide the necessary hardware, software, networking, storage, hosting, and related technology required to operate, manage, maintain and support the Service, including, without limitation, the posting, hosting and serving of your content (including, without limitation, any related data and information), and you agree that Baraka shall have no obligation or liability to you or any third party as a result of or otherwise In connection with any such matters.
You further acknowledge and agree that, upon request by Baraka, you shall defend, indemnify and hold harmless Baraka (and its affiliates) and the officers, directors, employees, members, licensors, customers, representatives and agents of Baraka (and its affiliates) from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable fees for attorneys and other professionals) resulting from or arising in connection with any breach of the Service Terms by you or any Third-Party Users that you authorize, allow or otherwise permit to have access to and/or to use any of your Account(s), user ID(s), and/or password(s), or that arise as a consequence of any content or materials (including, without limitation, any related data or information) posted, distributed or otherwise disseminated as part of or otherwise in connection with the Service and/or any Account(s) that you establish with the Service.
Baraka expressly reserves the right, at its own expense, to participate in the defense of any claim, demand or suit for which you are obliged to indemnify Baraka hereunder, using counsel chosen by Baraka, and may assume control of its defense at any time, at Baraka's sole discretion.

Third-Party Sites

If you elect to click on a link within the Service or a link within any web page(s) that are displayed or performed on and/or as part of the Service, you will leave the Service and be directed to the website(s) that you choose to visit and voluntarily select, at your sole discretion. Please be advised that Baraka does not and cannot control the activities of any such third-party website operators, and, accordingly, Baraka does not know and cannot guarantee that any such third parties adhere to the same privacy and security practices as those adopted by Baraka. You should carefully review the privacy policies of the owners and/or operators of any such third-party website(s) that you elect to access and/or from which you request products or services, or to which (or from which) you transmit (or receive) any data or information.
Some third-party websites may charge separate fees (which are not included in any subscription or other payment plan that you choose to establish with Baraka). Any separate obligations, including, but not limited to, any fees or charges that you may incur as a result of your communications, dealings and/or transactions with any such third parties are solely and exclusively your responsibility.

General Provisions

The delay or failure of Baraka to exercise or enforce any right, power or remedy under the Service Terms shall not constitute a waiver of such right, power or remedy. No waiver of any provision of these Service Terms shall be effective unless in writing and signed by Baraka. Any waiver by Baraka of any provision of the Service Terms shall not be construed as a waiver of any other provision of the Service Terms, nor shall such waiver operate as or be construed as a waiver of such provision respecting any future or subsequent event or circumstance.
The Service Terms constitute the entire agreement between you and Baraka with respect to your access to and use of the Service, for all intents and purposes, and supersede all prior and contemporaneous understandings and agreements between you and Baraka including, but not limited to, any and all prior versions of the Service Terms.
You acknowledge and agree that the Service Terms (including, without limitation, any policies, rules, regulations and guidelines of or concerning the Service expressly incorporated by reference within the Service Terms) are not intended to confer and do not confer any rights, powers or remedies upon any person or entity other than you and Baraka, who are the parties to this Agreement.
Nothing contained herein shall in any way constitute any association, partnership or joint venture between you and Baraka, or between Baraka and any other users (whether or not registered with the Service) or guests of the Service, or be construed to evidence the intention of the parties to establish any such relationship. Each of the parties shall be operating as independent contractors in fulfilling their respective obligations hereunder. No user (whether or not registered with the Service) or guest of the Service shall have the right, power or authority to make any representation or warranty (whether express or implied), or to assume or create any obligation on behalf of Baraka, or to bind Baraka in any manner whatsoever.
If any provision of the Service Terms (or part thereof) is determined by a court of competent jurisdiction to be void, invalid or otherwise unenforceable, such provision (or part thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, shall be deemed to be deleted from the Service Terms, while the remainder of the Service Terms shall continue in full force and remain in effect according to its stated terms and conditions.
The Service Terms shall be fairly interpreted in accordance with their stated terms and conditions, and without any strict construction in favor of or against either party.
The laws of the UAE (excluding its conflicts of law rules) shall govern the interpretation and enforcement of the Service Terms (as may be modified and otherwise amended by Baraka from time to time) and your access to and/or use of (or any inability to use) the Service. You expressly acknowledge and agree that exclusive jurisdiction for any claims or dispute with Baraka (or any of its affiliates), or relating in any manner to any of your Account(s) and/or to your access to and use of (or any inability to use) the Service shall be in the Courts of England, and you further agree and expressly consent to the exercise of personal jurisdiction in the Courts of England in connection with any such dispute, including, without limitation, any claims involving Baraka (or any of its affiliates) or any of the officers, directors, employees, members, licensors, customers, representatives, agents, successors and assigns of Baraka (or any of its affiliates). All disputes arising out of or in connection with services provided under these terms shall be finally settled under the Rules of Commercial Conciliation and Arbitration of the Dubai Chamber of Commerce and Industry by one or more arbitrators appointed in accordance with the said Rules. The arbitration shall be held in Dubai, UAE. The language used in the arbitration, including the language of the proceedings, the language of the decision, and the reasons supporting it, shall be English.