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Terms and Conditions

Inwan Terms of Use

 

Welcome to Inwan.com,the commercial network. In order to use our Site, you must agree to Inwan Terms of Use. These Terms of Use are important and contain many legal disclosures that specify permissible uses of the Site that should be read carefully – including terms of sale or rent that apply when you buy, sell or rent through the Site. Why all the rules? It’s simple: because we value your trust and loyalty and need a reliable set of rules to fairly, consistently and respectfully ensure that the Site is used properly. If you have any questions about these Terms of Use contact us here.

 

These Terms of Use are effective as of May 20, 2016, and organized as follows:

 

1.    Acceptance of Terms of Use

2.    Definitions

3.    Permitted Uses

4.    Availability of the Site

5.    Ownership of the Site

6.    Transmission of Information

7.    Advertisers and Marketers

8.    Prizes and Draws

9.    Code of Conduct

10. Creating a Page on the Site

11. Terms of Sale or Rent

12. Modification of the Terms of Use

13. Copyright and Trademarks

14. Copyright Policy

15. Unsolicited Ideas

16. Disclaimer of Liability

17. Disclaimer of Warranty 

18. Limitation of Liability

19. Arbitration

20. End User Communications

21. Websites of Others

22. Public Nature of Your Statements

23. License Grant

24. Indemnification/Release

25. Termination

26. Choice of Law

27. Additional Disclosures

 

ACCEPTANCE OF TERMS OF USE.

 

Inwan.com (“Inwan” or “us” or “our”) operates this website, http://www.inwan.com, the mobile and touch versions and any individual sites or Advertiser-specific, category-specific, city-specific, or other area-specific, sites we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within Inwan Site (the “Microsites”) will be collectively referred to as the "Site" in Inwan Terms of Use. By using our Site and services, you (“you” or, “End User”) agree to these Terms of Use, our Privacy Policy, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the "Terms of Use").

 

BY ACCESSING OR USING ANY SERVICES OFFERED THROUGH THE SITE/MICROSITES/MOBILE APPLICATION, YOU CONSENT TO THE TERMS OF USE.

Definitions.

Notwithstanding defined terms within these Terms of Use, the terms shown below shall have the definitions assigned thereto:

 

Advertiser: means any natural or legal person that (i) hosts an address Page on the Site; and/or (ii) posts an advertisement, either directly or indirectly, on the Site and/or (iii) rents and uses a Slot; (iv) and/or uses the text messaging campaign service; (v) and/or uses the email campaign service; and/or (vi) uses any of the services provided or will be provided by the Site.

Marketer: means any natural or legal person that creates a Page of an Advertiser or places an advertisement for an Advertiser on the Site on behalf of said Advertiser.

User: means any natural or legal person accessing the Site, including Advertisers and Marketers.

Finder's Fee: means the amount paid to a person for locating and/or finding someone interested in selling, buying, or renting real estate property.

Page: the profile page of the Site User.

 

Inwan's trademarked terms include:

 

Inwans: Pages, profiles, or commercial addresses registered on the Site.

Inwanizements: advertisements, promotions, classifieds, Prizes or deals via the Site.

Inwaner: marketing agent, volunteer or registered Site user.

Inwanizer: person who holds an "Inwan" on the Site and is using Inwanizements or other promotional services.

Commercial Network: Inwan.com or the Site, which is a place to find Inwans, Inwanisments, as well as to rate, review and use services.

Prize: gift or other item of material or nonmaterial value resulting from a draw executed by Inwan, an Advertiser, or any other third party.

Permitted Uses.

The Site provides an interactive online service operated by Inwan, consisting primarily of providing address and business details, as well as advertising and marketing services on behalf of certain Advertisers placing advertisements for goods and services on the Site. An Advertiser may also create and make available vouchers for goods and services to Inwan Users (“Vouchers”) and/or by renting and placing advertisements slots on the Site (“Slot”).  When a Slot is rented from Inwan, the Slot is displayed on the Site. Vouchers may be purchased by Inwan Users and exchanged for goods and services from the issuing Advertisers or other parties identified in the terms of the offer and subject to the Terms of sale or rent set forth below. As a condition of your use of this Site, you agree that:

·       You possess the authority to create a binding legal obligation;

·       You are at least 18 years old or are authorized by your legal guardian to use the Site;

·       You are not a convicted sex offender; and

·       Your use of this Site will at all times comply with the Terms of Use and Privacy Policy.

If you elect to create a Page:

·      You may create only one Page for your personal use or as provided in other agreements;

·      You may only make legitimate purchases that comply with the provisions and spirit of the terms of the respective offers;

·      Unless otherwise stated, you may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift to another;

·      You must safeguard your password, supervise the use of your Page, understand and agree that you are responsible for your own use and the use of your Page by anyone you allow accessing it;

·      You will keep your contact information accurate and up-to-date;

·       If applicable, it is highly recommended and appreciated to include Inwan in the payment of the Finders Fees by directly depositing the amount in Inwan bank account listed in the Site. In case of involvement of other intermediaries, Finder's Fees may be calculated as the parties agree;

·       You provide consent and all rights necessary to enable users to view and synchronize (including through an application) their devices with any information that is visible to them on Inwan;

·       You have the right to submit any information to the Site, provided that all such information is accurate, true, and current. We may, but are not obligated to, remove or edit any submissions;

·       You will not post anyone's identification documents or sensitive financial information or any unauthorised information on the Site;

·       You will not post content or take any action on the Site that infringes or violates someone else's rights or otherwise violates the law;

·       Inwan may remove any content or information you post on the Site if it believes that it violates the Terms of Use or our Privacy Policies;

·       You must not infringe Inwan's, or any other parties, intellectual property rights; and

·       If you collect information from users, you must obtain their consent, make it clear that you (and not Inwan) are the one collecting their information, and post a privacy statement explaining what information you collect and how you will use it.

 

Availability of the Site.

 

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance, server upgrades or third party provider interruptions. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. Inwan retains the right at our sole discretion to deny service, or access to the Site to anyone or a Page, at any time and for any reason. Inwan is not responsible for any loss of data as a result of events out of its control. Advertisers affected by an interruption lasting over forty-eight (48) hours may request an extension of the effected service equivalent to the lost time.

 

Ownership of the Site.

 

The content and information on this Site are proprietary to us or our Advertisers and other partners. You agree not to copy, distribute, transmit, display, perform, reproduce, publish, license, create, derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site, unless you obtain our written consent and comply with the Terms of Use and Privacy Policies.

 

Transmission of Information.

 

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Inwan and the Site while it is being transmitted. In addition, Inwan is not responsible for any data lost during transmission.

 

Advertisers and Marketers.

 

Advertisers may place advertisements on the Site according to the procedure established by Inwan and pursuant to these Terms of Use. Pages on the Site are for anyone to use and any marketing agent may link Pages to other Pages, advertisements, deals or any other service of the Site regardless of who posted the linked Page. In addition to the duties provided in the Section, "Code of Conduct", Advertisers and Marketers agree to the following terms:

 

a)    Marketers are Independent Contractors:  Marketers, although paid a commission for a successful sale or rent, are not considered employees or agents of Inwan.  Any laws or regulations governing the employer-employee relationship, including the Saudi Labor Law, shall not apply to Inwan as the Marketer is an independent contractor.

 

b)    Advertisement Price:  Prices of advertisements shall be determined on the Site or by other means between the Advertiser or Marketer, as applicable, and Inwan.

 

c)    Marketer Commission: A Marketer who successfully makes a sale or rent of one of Inwan’s services or products to an Advertiser shall be awarded with a commission of the sale or rent (“Commission”) at a rate shown on the Marketing Dashboard on the Site or through other means.  The Commission is based on the net value of the sale or rent made, minus any deductions or processing fees.  Inwan shall pay the Commission to the successful Marketer within a reasonable time after the payment of a successful sale or rent is received by Inwan and the order to redeem the said Commission is placed by the Marketer through the Site.

 

d)    Compliance of Posted Information with Laws and Customs:  It is the responsibility of both the Advertiser and the Marketer, if applicable; to ensure that information posted on the Site, including advertisements, does not contain false, misleading, fraudulent, or deceptive content and does not violate the laws and customs of the Kingdom of Saudi Arabia.

 

e)    Conflict of Interest: The Marketer shall not have a conflict of interest between the Marketer’s employment and any activities conducted pursuant to these Terms of Use or any other agreement with Inwan. If the Marketer is found to be in violation of this provision, the Marketer shall forfeit all Commission earned to Inwan and the relationship between Inwan and the Marketer may be terminated.

 

f)      Liability: Inwan is not responsible for any losses or damages caused by the Marketer or the Advertiser. The Marketer and the Advertiser shall be held liable for any losses or damages caused by each, respectively or towards any User.

 

g)    Sub-Leasing Advertisement Slots:  An Advertiser who rents Slots ("Advertiser") may sub-lease its Slots to third Parties (“Advertisement Sub-Lessee”), so long as the Slots had been paid for and the Advertisement Sub-Lessee complies with these Terms of Use, Privacy Policy and all related obligations and agreements.  All terms of the Advertisement, including duration, price, and other terms, shall remain binding on the Advertiser and any Advertisement Sub-Lessees. It is the responsibility of both the Advertiser and the Advertisement Sub-Lessee to comply with all terms of these Terms of Use and any other terms between Inwan and the Advertiser and/or Inwan and the Advertisement Sub-Lessee. The price of the Advertisement which the Advertiser Sub-leases to an Advertisement Sub-Lessee shall be determined amongst the Advertiser and the Advertisement Sub-Lessee, provided that any markup may not exceed one-hundred percent (100%) the lease price with Inwan, in which case Inwan's written consent must be obtained. Inwan shall not undertake any responsibility for terms or/and conditions agreed between the Advertiser and the Advertisement Sub-Lessee. Inwan shall have the right to reject or remove any Advertisement in case of any breach of these Terms of Use or any other agreement between Inwan and the Advertiser and/or Inwan and the Advertisement Sub-Lessee.

 

Prizes and Draws.

 

The Site may provide a Prize draw, in which a User may participate for a chance to win a Prize.  Such Prize draws may be carried out by Inwan, Advertisers, or other third parties.

 

a)    Duty to Deliver Prize: An Advertiser or other third party executing a Prize draw has a duty to execute the Prize draw in an impartial manner and to deliver the Prize to the winner of the draw in a timely manner.

b)    No Liability for Non-Delivery of Prizes:  Inwan shall not be liable for Prizes not delivered by an Advertiser or other third party executing a Prize draw.

c)    Prizes from Inwan must be Picked Up: Unless otherwise specified, any Prizes offered by Inwan must be picked up from Inwan’s headquarters.

d)    Retain Information Confidentially: Information collected in the Prize draw process shall be kept confidential, unless the person providing the information indicates otherwise.

e)    Right to Reject Prize Model: Inwan shall have the right to reject Prize draws or Prize models.

Code of Conduct.

Our Site is private property. All interactions on this Site must be universally acceptable, lawful and must comply with these Terms of Use and the laws and customs of the Kingdom of Saudi Arabia. To the extent your conduct (as judged by us, at our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of these Terms of Use:

·      Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Inwan Page or in order to create multiple Inwan Pages;

·      Harass, abuse or harm another User or person, including sending unwelcomed communications to others using the Site or defaming others;

·      Attempting to, or actually accessing data not intended for you, such as logging into a server or a Page which you are not authorized to access;

·      Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;

·      Tampering or interfering with the proper functioning of any part, Page or area of the Site and any and all functions and services provided by Inwan;

·      Attempting to interfere with service to any User in any manner, including, without limitation, by means of submitting a virus to the Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;

·      Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Inwan;

·      Reselling or repurposing your access to the Site or any purchases made through the Site;

·      Using the Site or any of its resources to solicit Site End Users, Advertisers or other business partners of Inwan to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Inwan, including without limitation, aggregating current or previously offered deals or Inwanizements;

·      Using any End User or Advertiser information from the Site for any commercial purpose, including, but not limited to, marketing;

·      Using any Inwan service to send e-mail, text messages, or any other communication that contains false, illegal, harmful, or offensive information;

·      Exceeding or attempting to exceed quantity limits when purchasing vouchers or otherwise using any Inwan Page to purchase vouchers for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Site;

·      Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

·      Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;

·      Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);

·      Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission;

·      Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission;

·      Acting illegally or maliciously against the business interests or reputation of the Site, Users, or Advertisers;

·      Hyperlinking to the Site from any other website without our initial and ongoing consent;

·      Submitting false ratings, comments or other information regarding business Pages, Advertisements, or any other Inwan service;

·      Posting photos of persons in an Advertisement, Page or any place on the Site;

·      Posting submissions depicting tobacco, alcohol product, or any other harmful or offensive products;

·      Posting of political messages; or/and

·      Conducting any activity that may be deemed as a violation of the laws and customs of the Kingdom of Saudi Arabia.

 

Inwan has the discretion to modify or remove any Site User-created content for inaccuracies or for possible violations of laws or customs of the Kingdom of Saudi Arabia or any other reason decided by Inwan. Without prejudice to Inwan's right to claim damages in the event of damage to Inwan's reputation, breach of the Terms of Use, Privacy Policy, or any other agreement, compensation must be paid as agreed by Inwan.

 

Creating a Page on the Site.

 

If you create a Page on our Site, you may only create and hold one Page that you are solely responsible for managing. Your Page is non-transferrable, without obtaining Inwan's permission, and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your Page and, without limitation, you may forfeit any pending, current or future promotional Page credits and any unredeemed vouchers or commission in your Page. If we terminate your Page, you may not re-enrol or join under a new Page unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Inwan Page, your Page will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with your use of the Site.

 

Terms of Sale or Rent.

 

The provisions of this section apply to Advertisement Slots, e-mail or text messaging campaigns, vouchers, or any other service provided by Inwan.

 

Advertisement Slots, email campaigns, text messaging campaigns, deal or any other advertising service you purchase or rent through our Site as a User are special advertising tools (“Advertising Tools”) that you lease or buy from the Site or from another User as stated in Section (Advertisers and Marketers). The Advertising Tools may be used for certain goods, services or experiences offered by, or facilitated through, the Advertiser identified in the Advertisement. The Advertiser is solely responsible for using the Advertisement Tools. The Advertiser is the issuer of the advertisement and is fully responsible for all goods and services provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an advertisement or not. You waive and release Inwan and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of an Advertiser in connection with your use of an advertisement or the services/goods provides in connection with it.

 

By purchasing or using any Advertising Tool you agree to the terms of these Terms of Use and these Terms of Sale or Rent. By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Advertising Tool, you agree to these Terms of Sale or Rent specifically (“Rules”), the terms on the Advertising Tool itself, and any additional deal specific terms advertising the Advertising Tool at the time of purchase. These Rules apply to all promotional Advertising Tools that we make available, unless a particular Advertising Tool fine print states otherwise, and except as otherwise required by law.

 

Inwan is a service provider for the Advertiser identified in the Advertising Tool and the Advertiser is the sole issuer of the Advertising Tool. Advertising Tools have a price to lease as stated in the Site or agreed with Inwan.

 

Vouchers you purchase through our Site as a User are special promotional offers that you purchase from participating Advertisers through our service. The vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Advertiser identified on the voucher. The Advertiser is solely responsible for redeeming the voucher. The Advertiser is the issuer of the voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. You waive and release Inwan and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of an Advertiser in connection with your use of a voucher or the services/goods it provides in connection with it.

 

By purchasing any voucher you agree to the terms of these Terms of Use and these Terms of Sale or Rent. By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any voucher, you agree to these Terms of Sale or Rent specifically, the terms on the voucher itself, and any additional deal specific terms advertising the voucher at the time of purchase. These Rules apply to all promotional vouchers that we make available, unless a particular voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a voucher’s fine print, the voucher’s fine print will control.

 

Inwan is a service provider for the Advertiser identified on the voucher and the Advertiser is the sole issuer of the voucher. Vouchers have two separate values: (a) the “amount paid” and (b) the promotional value. The “promotional value” is the additional value beyond the amount paid. Together, the amount paid and the promotional value equals the “full offer value” of the voucher. For example, if you pay SAR20 for a voucher that gets you SAR50 of goods or services from a Advertiser, the full offer value is SAR50, the amount paid is SAR20 (this amount does not expire until it is used or is refunded), and the promotional value is SAR30 (this amount expires on the date stated on the voucher).

 

If an Advertiser wishes to stop the lease of an active Slot, then Inwan, at its sole discretion, may refund the amount paid upon request in the original form of payment. Note that refunds may be subject to processing charges.

 

If the price of any Slot changes after the advertiser renting the Slot then the paid price remains and no refund of the price difference shall be made by Inwan.

 

If an Advertiser or venue refuses to honor a voucher, Inwan, at the sole discretion, may refund the amount paid upon request in the original form of payment. Note that refunds may be subject to processing charges.

 

Modification of the Terms of Use.

 

We reserve the right at all times to discontinue or modify any part of these Terms of Use as we deem necessary or desirable. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on our Site, provided that, these changes will not apply to Advertising Tools or vouchers purchased prior to the effective date of such changes unless otherwise stated. These changes will be effective immediately for new users of our Site and for all Advertising Tools or vouchers purchased after the effective date of the change. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

 

We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.

 

Copyright and Trademarks.

 

YOU MAY NOT INFRINGE OR USE, FOR ANY PURPOSE, ANY CONTENT ON THE SITE WITHOUT OUR PERMISSION, INCLUDING COPYRIGHTED MATERIAL, TRADEMARKS, OR ANY OF INWAN'S INTELLECTUAL PROPERTY, WHETHER REGISTERED OR UNREGISTERED.

INWAN, INWANS, INWANIZER, INWANER, INWANIZEMENTS, INWAN.COM, LOGOS, OR ANY SIMILAR MARKS, ALL SOFTWARE COMPILATIONS, AND UNDERLYING SOURCE CODE SHALL REMAIN THE PROPERTY OF INWAN. THE ENTIRE CONTENTS OF THE SITE AND APPLICATION ARE ALSO PROTECTED BY INTELLECTUAL PROPERTY LAWS.

 

EVERYTHING LOCATED ON OR IN THIS SITE IS THE EXCLUSIVE PROPERTY OF INWAN or is being used with permission or used from information available to everyone in directories and official websites. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, REVERSE-ENGINEERING, DECOMPILING, DISASSEMBLING, DECIPHERING, OR ATTEMPT TO DERIVE THE SOURCE CODE FOR ANY UNDERLYING INTELLECTUAL PROPERTY USED TO PROVIDE THE SERVICES, OR ANY PART THEREOF, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF INWAN IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

 

This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the copyright laws of the Kingdom of Saudi Arabia and international Law. Inwan owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Inwan or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

 

Inwan is a trademark of Inwancom Computer Services, a business establishment registered in the Kingdom of Saudi Arabia. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with Inwan shall not be deemed to be in the public domain but rather the exclusive property of Inwan, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Inwan unless otherwise stated.

 

You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Inwan does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted Inwan the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other End User to access, view, store or reproduce the material for that End User's personal use. You also grant Inwan the right to edit, copy, publish and distribute any material that you make available on this Site.

 

Copyright Policy.

 

Inwan reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.

 

If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide Inwan with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Unsolicited Ideas.

 

We do not accept or consider, directly or through any Inwan employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“unsolicited materials”). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

·       Inwan has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and

·       Inwan will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

 

DISCLAIMER OF WARRANTY.

 

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER INWAN, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, ADVERTISERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED HEREIN) AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. INWAN HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, ADVERTISER-ABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

 

DISCLAIMER OF LIABILITY.

 

THE CONTENT OF PAGES, ADVERTISEMENT, DEALS, SERVICES (RENTED OR PURCHASED), AND VOUCHERS POSTED BY OTHERS IS THE SOLE RESPONSIBILITY OF THE PUBLISHER AND THE ISSUER. INWAN SHALL NOT BE HELD LIABLE FOR ANY CONTENT POSTED ON THE SITE AND ITS SERVICES, AND ANY MONEY LOSS DENIGRATION, OR VILIFICATION SUFFERED OR INCURRED BY YOU.

 

RATINGS AND DISCUSSION POSTS ARE INDIVIDUAL OPINIONS AND INWAN IS NOT liable FOR ANY POST OR RATING OF AN ADVERTISER, PAGE OR ANY OTHER COMMENT MADE BY A REGISTERED OR UNREGISTERED USER OF THE SITE. HOWEVER, INWAN WILL NOT ALLOW CERTAIN COMMENTS TO BE POSTED AS PROVIDED IN THE TERMS OF USE. INWAN RETAINS THE RIGHT TO REMOVE ANY PAGE, COMMENT, ATTACHMENT, OR PICTURES AS REQUIRED WITHOUT NOTIFYING ANYONE OR GIVING AN EXPLANATION FOR SUCH REMOVAL OF MATERIAL.

 

INFORMATION POSTED ON OUR SITE ABOUT YOU CANNOT FORM THE BASIS FOR ANY LEGAL OR OTHER ACTION AGAINST US FOR REMOVAL OF THE INFORMATION OR OTHERWISE. HOWEVER, IF THE SITE CONTAINS INACCURATE INFORMATION ABOUT YOU, YOU HAVE THE RIGHT TO HAVE SUCH INFORMATION CORRECTED BY US, PROVIDED THAT YOU SEND A NOTE WITH THE CORRECT INFORMATION TO INWAN, OR BY MODIFYING THE INFORMATION ON YOUR PAGE YOURSELF.

 

LIMITATION OF LIABILITY.

 

IN NO EVENT SHALL INWAN, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, ADVERTISERS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE. IN NO EVENT WILL INWAN’S LIABILITY IN CONNECTION WITH A VOUCHER OR A PRODUCT OR SERVICE EXCEEDS THE AMOUNTS PAID FOR SUCH VOUCHER, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR ONE THOUSAND SAUDI RIYALS, WHICHEVER IS LESS.

 

Arbitration.

 

We will make every reasonable effort to resolve any disagreements that you have with Inwan. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Inwan arising out of, relating to, or connected in any way with these Terms of Use this Site or the purchase or sale of any voucher(s), shall be resolved exclusively by final and binding arbitration pursuant to the Saudi Arbitration Law and conducted before a single arbitrator. You agree further that: (a) the arbitration shall be held at Al-Khobar, Kingdom of Saudi Arabia or any location determined by Inwan, or at such other location as may be mutually agreed upon by you and Inwan; (b) the arbitrator shall apply the laws of the Kingdom of Saudi Arabia; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Inwan’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

 

End User Communications.

 

Inwan in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). Inwan shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by Inwan, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Inwan shall have the right, but not the obligation, to remove any material from the Communities that Inwan, at its sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of Inwan.

 

Websites of Others.

 

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

 

Public Nature of Your Statements.

 

You understand and agree that all Statements are public and not private. Any other person (whether or not a user of Inwan’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Policy, and Terms of Use) in your Statements. Inwan does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.

 

License Grant.

 

By posting Statements or other information on or through the Communities, you grant Inwan a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

 

Indemnification / Release.

You agree to defend, indemnify and hold harmless Inwan, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms of Use.

You are solely responsible for your interactions with Advertisers and other Users/users of the Site. To the extent permitted under applicable laws, you hereby release Inwan from any and all claims or liability related to any product or service of an Advertiser, any action or inaction by Advertiser, including Advertiser’s failure to comply with applicable law and/or failure to abide by the terms of a Inwan, and any conduct or speech, whether online or offline, of any other user.

Termination.

Inwan may terminate these Terms of Use at any time. Without limiting the foregoing, Inwan shall have the right to immediately terminate or suspend any of your passwords or Pages in the event Inwan considers, at its sole discretion, any of your conduct to be unacceptable, or in the event you breach these Terms of Use. Notwithstanding the above, these Terms of Use will survive termination of these Terms of Use.

Choice of Law.

Any disputes arising out of or related to these Terms of Use, Privacy Policy, any agreement related to Inwan and/or any Use by you of the Site or Inwan’s services shall be governed by the laws of the Kingdom of Saudi Arabia.

Additional Disclosures.

No waiver by either you or Inwan of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of Terms of Use or any other terms or agreements invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use or any other terms or agreements, and the remaining portions of these Terms of Use or any other terms or agreements shall continue in full force and effect.

Correspondence should be directed to: Inwancom Computer Commercial Services Est., P.O. Box 31, Al-Khobar, 31952, Kingdom of Saudi Arabia.  http://www.inwan.com/support.

 

The provisions of these Terms of Use apply equally to and are for the benefit of Inwan, its subsidiaries, affiliates, Advertisers and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.