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Terms of service
As a condition of being a user of Zabihah, you agree that you will abide by our Terms of Service (“TOS”) below. Description of service The Zabihah service (“Service”) allows users to find halal restaurants, markets, and mosques based on location. Additionally, a registered user (“Account Holder”) can rate and review restaurants (herein described as “Content”) and engage with other users on the platform. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Zabihah tools and resources, shall be subject to the TOS. You also understand and agree that the service may include certain communications from Zabihah, such as service announcements and administrative messages, and that these communications are considered part of Zabihah membership and you will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by Zabihah for use in accessing the Service. Definitions
In order to use all parts of the Service (other than just searching and finding halal restaurants and related ratings and reviews, markets, and mosques), you must have a valid Zabihah account. This means that you must provide Zabihah with your name and a valid email address, along with other optional information ("Registration Data"). As an Account Holder, you will choose a password and account designation for your membership during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Zabihah in writing of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You acknowledge and agree that under no circumstances will Zabihah be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Zabihah has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zabihah has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Cancellation and termination If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your account and all information contained therein may be deleted by Zabihah. Zabihah accepts no liability for such deleted information or content. You agree Zabihah, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to reviews created by you), for any reason, including and without limitation, the lack of use, or if Zabihah believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted content (as applicable) and all its parts, at Zabihah's discretion, will be terminated as well. Zabihah may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Zabihah may immediately deactivate or delete your account, as applicable, and all related information and files. Zabihah reserves the right to bar any further access to such files or the Service. You agree that Zabihah shall not be liable to you or any third-party for any termination of your access to the Service. Zabihah privacy policy Registration data and certain other information about you are subject to our Privacy Policy, the terms of which are incorporated into this TOS by reference. Rules and regulations regarding content and conduct You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials are the sole responsibility of the person from which such Content originated. You, and not Zabihah, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Zabihah does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Zabihah be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Zabihah may pre-screen Content, and that Zabihah and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, Zabihah and its designees shall have the right to remove any User Content that violates the TOS or is otherwise objectionable in Zabihah's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Zabihah or submitted to Zabihah. You acknowledge and agree that Zabihah may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Zabihah, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Zabihah's sole discretion as to what action should be taken. You agree that you will not:
Additional software With respect to any additional software that may be made available by Zabihah in connection with the Service, if you elect to download or access such additional software or third party Content made available to through the Service, you understand that you may have to agree to additional terms and conditions before you use such software or third party Content. You also agree that the use of any third party software or Content obtained through the Service does not transfer to you any rights, title or interest in or to the software or such Content, and that you will not use any Content made available to you through the software or the Service except as expressly authorized under that third party provider's terms of service or license. For greater certainty, by downloading software or Content made available through the Service, you are deemed to agree to the terms of service or license agreement posted on the Service, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the terms of service or license agreement, do not download the software or Content. International use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Submitted content Zabihah does not claim ownership of the Content you place on the Service. By submitting Content to Zabihah for inclusion on the Service, you grant Zabihah a perpetual, world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your group and/or project on the Service. If you delete your account, your Content will remain on the platform but will be anonymized. You acknowledge that Zabihah may pre-screen Content, and that Zabihah and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Zabihah and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Copyright information All information, graphics, text, layout and design, other than Your Content, are copyrighted by Zabihah. All rights reserved. Any use of the materials contained on the Service other than that noted above is strictly prohibited unless prior written authorization is granted by Zabihah. The Zabihah name and logo are the trademarks of Zabihah. All other trademarks, product names, restaurant names and logos contained on the Service are the property of their respective owners. Responsibility for Your Content You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Zabihah. Because you alone are responsible for Your Content (and not Zabihah), you may expose yourself to liability if, for example, Your Content violates a third party's rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. Copyright dispute policy Zabihah has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of Zabihah's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is Zabihah's policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those determined by Zabihah to be repeat infringers. Procedure for reporting copyright infringements If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Service, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:
Procedure to supply a counter-notice to Zabihah If you believe that Content has been mistakenly removed from the Service pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following:
You understand and agree that the Service may include advertisements and that these advertisements are necessary for Zabihah to provide the Service. By using the Service, you agree that Zabihah has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Zabihah on the Service are subject to change at Zabihah's discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Zabihah shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. External links The Service may provide, or third parties may provide, links to Internet sites or resources. Because Zabihah has no control over such sites and resources, you acknowledge and agree that Zabihah is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Zabihah shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Indemnity You agree to indemnify and hold Zabihah, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access. Resale of service You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Zabihah. General practices regarding use and storage You acknowledge that Zabihah may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time without notice to you. Modifications to the service Zabihah reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Zabihah shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Zabihah's proprietary rights You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Zabihah or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Zabihah does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Zabihah representative, any material, information or idea you transmit to Zabihah by any means may be disseminated or used by Zabihah or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy. Modifications to the service Zabihah reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Zabihah shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZABIHAH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZABIHAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS LISTED IN “EXTERNAL LINKS” AND “INDEMNITY” MAY NOT APPLY TO YOU. US Government's restricted rights The materials on the Service are provided with "restricted rights." Use, duplication, or disclosure by the US Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the US Government constitutes acknowledgment of Zabihah's proprietary rights in them. General Notices to you may be made via email. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and Zabihah shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and Zabihah agree to submit to the personal and exclusive jurisdiction of the courts located within Fairfax County, Virginia. The failure of Zabihah to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Zabihah and govern your use of the Service, superseding any prior agreements between you and Zabihah (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Zabihah services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. Violations Please report any violations of the TOS to us at tos@zabihah.com. Updated 25 May 2018
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