PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE TO THE TERMS LISTED IS A BINDING COMMITMENT THAT YOU WILL ABIDE AND ADHER TO THE CONDITIONS OF ANY PRODUCT OR SERVICE OF KANZ INFORMATION TECHNOLOGY.
THIS IS A LEGAL AGREEMENT BETWEEN "LICENSEE", KANZ INFORMATION TECHNOLOGY, AMMAN, JORDAN MOTHER COMPANY, OWNER OF ARABISTOCK.COM WEBSITE, AND THE PURCHASER "CLIENT", THIS AGREEMENT GOVERNS BUSINESS TRANSACTIONS THROUGH THE WEB OR BY EMAIL THROUGH "ARABISTOCK.COM" WEBSITE AND THE LICENSEE "THE CLIENT" WHO MAKES A PURCHASE ONLINE AND MAKES PAYMENT FOR THE PURPOSE OF DOWNLOADING CONTENT AS DEFINED BELOW. THE CLIENT MAY NOT ALLOW ANY THIRD PARTY TO USE ANY PERTENANT INFORMATION TO THE UNIQUE ACCESS GIVEN BY ARABISTOCK.COM FOR THE SOLE PURPOSE OF THE CLIENT LOGGING IN TO THE WEBSITE. IF AND WHEN APPLICABLE, THE CLIENT IS CONFIRMING THAT THE LISENCEE HAS CAPACITY TO FORM A CONTRACT UNDER ITS LOCAL LAWS. FOR THE PORPUSE OF THIS AGREEMENT "CONTENT" IS DEFINED AS ANY MATERIAL ON "ARABISTOCK.COM" INCLUDING BUT NOT LIMITED TO VIDEO, IMAGE, ILLUSTRATION AND PHOTO REGARDLESS IF OWNED BY KANZ INFORMATION TECHNOLOGY OR ITS AUTHORIZED CONTRIBUTORS THAT HAS BEEN MADE AVAILABLE FOR DOWNLOAD ON THE "ARABISTOCK.COM".
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
It will be assumed that if you, the client download any of "Arabistock.com" online content as described above, that you have fully read, understood and agreed to the terms and conditions of this agreement. That includes your need to translate the content of this agreement to a language that you understand through proper and professional translation if the English language causes you a handicap or prevents the LICENSEE from fully understanding the content of this Agreement. Your agreement to the terms and conditions of this document means that you are legally in agreement to all conditions including all necessary requirements to consider you a legal entity including but not limited to age, mental capacity, country religious and cultural laws. KANZ INFORMATION TECHNOLOGY represents to the best of its knowledge that it owns all rights and authority, including all copyrights, Content and is the sole and only authority to allow the client to access, acquire, and use Content under the Terms and Conditions of this Agreement.
Terms and Conditions of Use
THE CLIENT agrees to access, acquire, and use the Content under the following Terms and Conditions:
1. These Terms and Conditions constitute a binding legal Agreement between the client and Licensee.
2. KANZ INFORMATION TECHNOLOGY grants THE CLIENT a nonexclusive, nontransferable license to use, reproduce, publish, display, and distribute the Content according to the Terms and Conditions of this Agreement.
3. You may, subject to the Terms and Conditions of this Agreement, access and acquire the Content via ARABISTOCK.COM wholly owned by KANZ INFORMATION TECHNOLOGY, allows the use of the acquired Content for the following purposes:
(a) as a part of commercial or advertisement purposes in magazines and newspapers.
(b) as a design element on a website, video game, but not in connection with any software product for distribution to be used by others or by any other entity whom the license was not intended for and to whom ARABISTOCK.COM did not receive a payment from.
(c) as part of marketing, advertising, or promotional materials, including print ads, mailers, handouts and packaging of promotional materials.
(e) as decor in an office, lobby, or public area, restaurant, or retail store.
(f) in a PowerPoint presentation provided that a reasonably prominent statement is included on the same page as the Content as follows: "Certain images and/or photos on this page are the copyrighted property of KANZ INFORMATION TECHNOLOGY and are being used with permission under license. These images and/or photos may not be copied or downloaded without permission from KANZ INFORMATION TECHNOLOGY.
(g) as design elements in video, film, or television broadcasts; and / or
(h) If the Content is to be used in an Editorial publication such as (but not restricted to) magazines, newspapers, textbooks, eBooks, printed material, online or multimedia CDs, the LICENSEE grants the CLIENT a nonexclusive, nontransferable license to use, reproduce, publish, display, and distribute the Content up to 100,000 copies in total.
4. You are not allowed the following:
(a) distribute the Content, electronically or in hard copy, except as specifically authorized under paragraph 3 above;
(b) authorize any third party to use the Content for any reason for resell or reuse, sublicense, or otherwise make available the Content for use or distribution separately or detached from a product or Web page;
(c) share Content across a network or service, on a CD or DVD or any media, or in any other way that enables Content to be accessed by any third party, downloaded or distributed via mobile devices or shared in any peer-to-peer or similar electronic file sharing arrangement;
(d) under any circumstances, use automated or programmatic means or methods deemed illegal under international copyright law to download Content;
(f) under any circumstances, use Content in connection with any pornographic, obscene, immoral, defamatory or illegal materials; endorsement of product(s); sensitive mental/health/other similar aspect of contexts or subjects; and / or
(g) use Content as a part of a physical item, software or template that is to be resold or cause the "Client" to make monetary profit without the written consent of KANZ INFORMATION TECHNOLOGY.
5. The CLIENT understand that ARABISTOCK.COM web Content is copyrighted and only under the terms of this agreement may be owned by a third party, and any unauthorized use by the CLIENT is an infringement of such copyright.
6. The CLIENT understand and agree that KANZ INFORMATION TECHNOLOGY may, in its sole discretion,
(a) monitor anything you download from or upload to the ARABISTOCK.COM website, as frequently as KANZ INFORMATION TECHNOLOGY in its sole discretion determines, for any violation of this Agreement,
(c) track any abuse of your username and password in connection with the ARABISTOCK.COM website or in connection with this Agreement,
(d) terminate your account immediately if the LICENSEE detects attempts to use any automated means to download content, and
(e) terminate your account, without notice, if it finds what KANZ INFORMATION TECHNOLOGY believes to be any violation of this Agreement and/or any abuse of your username and password. If your account is terminated for any violation of this Agreement and/or any abuse of a username or password, you lose all rights to KANZ INFORMATION TECHNOLOGY Content, THE CLIENT" must immediately delete all Content acquired from ARABISTOCK.COM, and forfeit all money paid.
7. ARABISTOCK.COM Content are made available to the CLIENT "AS IS," "AS AVAILABLE," and with current condition at the time of purchase. KANZ INFORMATION TECHNOLOGY, its employees, directors, and officers, and anyone else associated with KANZ INFORMATION TECHNOLOGY disclaims, to the fullest extent permitted by law, any and all warranties, expressed or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non infringement, or that your usage of KANZ INFORMATION TECHNOLOGY will be uninterrupted, error free of computer viruses or other damaging materials. When you access and acquire Content, you do so at your own risk. KANZ INFORMATION TECHNOLOGY, its employees and officers, and anyone else acting on behalf of KANZ INFORMATION TECHNOLOGY also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. KANZ INFORMATION TECHNOLOGY, its employees, directors, and officers, and anyone acting on behalf of KANZ INFORMATION TECHNOLOGY make no representation or warranty as to your right to use any individual's name, likeness, and/or image appearing in the Content without first obtaining appropriate rights from such individual.
(a) You understand and acknowledge that neither KANZ INFORMATION TECHNOLOGY, its employees, directors, and officers, nor anyone acting on behalf of the ARABISTOCK.COM website has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and
8. In no event will KANZ INFORMATION TECHNOLOGY, its employees, directors, and officers, or anyone else associated with KANZ INFORMATION TECHNOLOGY be liable for any indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Content, even if KANZ INFORMATION TECHNOLOGY has been advised of the possibility of such damages. In no event will the liability of KANZ INFORMATION TECHNOLOGY, its employees, or related parties exceed the amount paid by you for accessing or using ARBISTOCK.COM and for accessing, acquiring, and/or using Content from ARABISTOCK.COM website.
9. You represent and warrant that:
(a) you are at least 18 years of age and have the right to enter into this Agreement;
(b) you will not use the Content in any way that is not permitted by this Agreement;
(c) your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity;
(d) the information you provide to ARABISTOCK.COM site is accurate and true, including, without limitation, all credit card information.
(e) the download, upload or use in any way of any content, Content or information which is uploaded by You onto ARABISTOCK.COM (the “Uploads”) does not infringe upon the copyright, trademark or any intellectual or proprietary property right of KANZ INFORMATION TECHNOLOGY or third party other than KANZ INFORMATION TECHNOLOGY and that You are the full owner of the Uploads and all rights vested in the Uploads without any encumbrance or fetter to such rights; and
10. INDEMNITY. You agree to fully defend and indemnify KANZ INFORMATION TECHNOLOGY, its employees, directors, and officers, and anyone else associated with KANZ INFORMATION TECHNOLOGY, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising in connection with "THE CLIENT" use of the Content and this site or of any breach or alleged breach or of any falsity, inaccuracy or misrepresentation of any representation, warranty, or other promise made by "THE CLIENT" in this Agreement.
11. Failure by KANZ INFORMATION TECHNOLOGY to enforce any provision of this Agreement will not be deemed a waiver of right or future enforcement to any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws.
12. This Agreement was initiated in English and could subsequently be translated into other languages pertinent to "THE CLIENT" needs. The reliability of subsequent translations cannot be guaranteed. In case of conflict between the English version and another language version, the English version will always take precedence.
13. Any person or entity who is not a party to this Agreement (whether or not such person shall be named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to, or identified, in this Agreement) shall have no right whatsoever to enforce this Agreement or any of its terms.
By selecting the agree box at the end of this Agreement, you accept this Agreement either for yourself or as a fiduciary of your employer or the entity that is identified as the member account holder, and agree to be bound by its provisions. If you are accepting on behalf of your employer or the entity that is the member account holder, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or no longer authorized to continue to access ARABISTOCK.COM or if you do not accept or agree with these terms, do not accept the Agreement and do not download the Content.
KANZ INFORMATION TECHNOLOGY failure to enforce stern compliance to any or all provision(s) of this Agreement shall not be understood or handled as a waiver of any provision or right.
You agree any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction is your responsibility and the "Client" agrees to pay it, or have it deducted from any moneys or credits under KANZ INFORMATION TECHNOLOGY control.
Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by a single Arbitrator appointed in accordance with such rules. The arbitration shall take place in Amman, Jordan, and shall be conducted in the Arabic language.
If you have concerns relating to this Agreement, please contact KANZ INFORMATION TECHNOLOGY at firstname.lastname@example.org
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF ARABISTOCK.COM AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ARABISTOCK.COM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE CLIENT AND KANZ INFORMATION TECHNOLOGY RELATING TO THE SUBJECT OF THIS AGREEMENT.