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Terms and Conditions

When we say “our”, “us”, “we” or “Shashah” in these Terms, we mean Shashah LLC or its subsidiaries. 

NOTICE OF ARBITRATION PROVISIONS:

Your use of the Services is subject to binding individual arbitration of any disputes which may arise, as provided below. Please read the arbitration provisions carefully and do not use the Services if you are unwilling to arbitrate any disputes you may have with us as provided below.

 

1. ACCEPTANCE OF TERMS

These Terms of Use set forth the terms and conditions that apply to your use of the Services. By using the Services, you agree that you have read, understand and agree to be legally bound by these Terms.

If you do not agree to these Terms, please do not use the Services.

Shashah may, subject to the below, change these Terms from time to time on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued use or accessing of the Services following the posting of any changes to the Terms constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.

Any form of transfer or sublicense, or unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, or exploitation (commercial or otherwise), of any portion of the Services, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.

2. PERMITTED USE

Our Site and Services are for your personal and non-commercial use. They contain material that is derived in whole or in part from material supplied and owned by Shashah and other sources. Such material is protected by copyright, trademark and other applicable laws. Unless otherwise agreed to in writing by Shashah, you agree that you will not use the Services, or duplicate, download, publish, modify or otherwise distribute or use any material in the Services for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Site other than the home page (for example, "deep linking"), without Shashah's prior written consent. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify the Services or any portion of them unless we have provided you with express written consent. You shall not make a derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering.

3. REGISTRATION, ACCOUNTS AND PASSWORDS

If you establish a personal account with us, you agree to provide true and accurate data about yourself on our account registration form, and to update and keep such data current. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. You shall not allow other persons access to or use of such username or password. You shall not post your username or password on any website nor transmit it through unsecured sites. You agree to (a) immediately notify Shashah of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Services. Access and use of password-protected and/or secure areas of the Services is restricted to users who have been given a valid password by Shashah. We may terminate your membership and access to the Services if we learn that you have provided us with false or misleading registration data. If we feel your username and password are insecure or otherwise problematic, we may require you to change it or terminate your account.

4. GOOGLE MAPS

If you use Google Maps / Google Earth as part of the Services, you agree to comply with the Google Maps / Google Earth Additional Terms of Service (including the Google Privacy Policy). Further, you agree that Google, and not Shashah, shall be responsible for any of your information Google receives as a result of your use of Google Maps / Google Earth.

5. USER CONDUCT AND SUBMISSIONS

You are responsible for your use of the Services and the Site, and for any consequences thereof, including any information or materials you choose to make available, public or private communications transmitted through the Services or the Site (including posts), usernames and passwords that you provide to the Services or the Site, including those usernames and passwords provided by you for access to various third party services ( e.g., social networking and other accounts that you wish to link with your account on the Site).

It is a condition of your use of the Services that you do not:

  • Interfere with any other user from using and enjoying the Services;

  • Collect information about other users or third parties via the Services or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation;

  • Engage in the systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory, without Shashah's prior written consent;

  • Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;

  • Attempt to gain unauthorized access to other computer systems or networks connected to the Services; or

  • Take actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any service or product that may be presented by the Services.

  • Provide fictitious information or conceal your identity or location, including, but not limited to, in an attempt to circumvent limits associated with promotional or other offers.

  • Use the Services for unlawful purposes.

  • Use the Services to commit an act of deception, fraud or abuse or violation of Shashah’s or any other company’s terms.

Additionally, you agree that you will not use the Services to upload, post, or otherwise distribute or facilitate distribution of any material that:

  • Is libelous, defamatory or slanderous;

  • Is sexually suggestive or contains explicit sexual content (including nudity);

  • Does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

  • Does or may threaten, abuse, harass, or invade the privacy of any third party;

  • Is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights;

  • Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

  • Contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party;

  • Encourages conduct that would constitute a criminal offense or give rise to civil liability;

  • Impersonates any person or entity, including any employee or representative of Shashah; or

  • Violates any applicable law or these Terms.

6. MONITORING

Shashah may, but has no obligation to, monitor the use of the Services by members. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with the Privacy Policy. Furthermore, Shashah reserves the right at all times to disclose any information posted on any portion of the Services as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Shashah's sole and absolute discretion are objectionable or in violation of these Terms.

 

7. TERMINATION

In its sole and absolute discretion, with or without notice to you, Shashah may suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification, (ii) permitting another person or entity to use your user identification to access the Services, (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services, (vi) failure to use the Services on a regular basis, or (vii) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. You may terminate your account for any reason by emailing Shashah at [email protected]. Shashah shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which Shashah may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Shashah.

8. GENERAL

These Terms and the relationship between you and Shashah shall be governed by the laws of the United Arab Emirates without regard to its conflict of law provisions in other jurisdictions. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the UAE, and you irrevocably consent to the jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction. Licensors of the Shashah Services are third party beneficiaries to these Terms. No failure or delay by Shashah in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Services, or these Terms, our Privacy Policy, our Terms and Conditions, or other Shashah Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged. These Terms are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Shashah's prior written consent.

 

9. ARBITRATION

BINDING ARBITRATION OF ALL DISPUTES

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services, (ii) any purchases or other transactions or relationships with Shashah, or (iii) any data or information you may provide to Shashah or that Shashah may gather in connection with such use, interaction or transaction (collectively, "Shashah Transactions or Relationships"), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other Shashah Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of Shashah's Owners (regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, or disagreement you may have against Shashah, and any claim that Shashah may have against you, arising out of, relating to, or connected in any way with our Terms and Conditions, our Privacy Policy, or any Shashah Transactions or Relationships shall be resolved exclusively by final and binding arbitration ("Arbitration") administered by the relevant Arbitration Rules And Procedures in the UAE, in effect at the time the Arbitration is initiated. Furthermore, nothing herein shall prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.