Terms of Service
SHARABA LTD. IDREAMERS™ END USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SHARABA IDREAMERS APPLICATION:
This licence agreement (Licence) is a legal agreement between you (“Licensee,” “you,” “your”) and Sharaba Ltd. (Sharaba) with an address of Office 2905, JBC3, PO Box 474288, Dubai, United Arab Emirates for your use of the iDreamers™ website and application computer software and the associated media and documentation (“Licensed Application” “Sharaba iDreamers” or “Services”).
When you register to use Sharaba iDreamers we will licence use of the Licensed Application to you on the basis of these terms. We do not sell the Licensed Application to you. We remain the owners of the Licensed Application at all times.
IMPORTANT NOTICE TO ALL USERS:
BY DOWNLOADING AND USING THE LICENSED APPLICATION YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION 7.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT PERMIT YOU TO REGISTER THE LICENSED APPLICATION WITH US AND WILL NOT GRANT A LICENSE TO YOU. IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENCE YOU MUST CEASE TO USE THE LICENSED APPLICATION IMMEDIATELY AND MUST ALSO REMOVE THE LICENSED APPLICATION FROM YOUR MOBILE DEVICE.
IMPORTANT NOTICE TO CONSUMERS:
YOU MUST BE AT LEAST 13 YEARS OLD TO ACCEPT THE TERMS OF THIS LICENCE AND DOWNLOAD THE LICENSED APPLICATION.
AS A CONSUMER, YOU HAVE THE RIGHT TO WITHDRAW FROM YOUR TRANSACTION WITHOUT CHARGE AND WITHOUT ANY REASON BEFORE DOWNLOADING AND REGISTERING THE LICENSED APPLICATION.
You should print a copy of this Licence for future reference.
1. Overview and Access to the Licensed Application
- 1.1 Sharaba iDreamers will route your access to the internet over a mobile telecommunications network via your Mobile Device to its servers. Sharaba iDreamers is designed to be used with Smartphones, Tablet PC’s, laptops and other computers (Devices) but Sharaba gives no warranty or guarantee that the Licensed Application will be compatible with all types of Devices. Details of the operating system, hardware and software requirements are detailed in the App store or on www.iDreamers.com and you are responsible for making all arrangements necessary for you to have access to the Licensed Application.
- 1.2 Sharaba is not responsible for any dealings between you and your Device service provider and you are solely responsible for all usage charges made by your Device service provider relating to any Device, including all data charges.
- 1.3 Access to the Licensed Application is provided free of charge, and we reserve the right to withdraw or amend the service we provide via the Licensed Application. Sharaba may cease to support the Licensed Application and provide the service via the Licensed Application at any time without notice to you.
- 1.4 We will not be liable if for any reason the Licensed Application is unavailable at any time or for any period and give no warranty or guarantee that the service provided via the Licensed Application will be accessible or available at all times.
- 1.5 You must provide your contact and any personal details required in the App when registering with the Licensed Application. You are responsible for ensuring that we are notified of any changes to these details and incorrect information may restrict our ability to provide the full use of the Licensed Application to you.
- 1.7 You are responsible for any person who accesses our Licensed Application using your log in details or for any misuse of your account.
- 1.8 You will be assumed to have obtained permission from the owners of the Devices that are controlled, but not owned, by you and to download or stream a copy of the Licenced Application onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this Licence for the use of the Licenced Application on or in relation to any Device, whether or not it is owned by you.
2. Grant and scope of licence
- 2.1 In consideration for you agreeing to abide by the terms of this Licence by registering with us, we hereby grant to you a non-exclusive, non-transferable, revocable licence, without right to sub-license, to use the Licensed Application subject to the terms of this Licence. All rights not expressly granted herein are reserved by Sharaba. You may not interfere in any matter with the functionality of the Services or use the Services in any way that breaches any code of conduct, policy or other notice applicable to the services.
- 2.2 You may:
- 2.2.1 download, install and use the Licensed Application for your personal purposes, and if you have purchased the App via the Apple App Store, you are permitted to download the Licensed Application on any mobile device permitted under the Usage Rules set out in the Apple App Store Terms and Conditions;
- 2.2.2 use any documentation produced in support of the Licensed Application permitted under this condition as reasonably necessary for its lawful use.
4. Intellectual Property Ownership
- 4.1 You acknowledge that all intellectual property rights in the Licensed Application anywhere in the world belong to us, that rights in the Licensed Application are licensed (not sold) to you, and that you have no rights in, or to, the Licensed Application other than the right to use them in accordance with the terms of this Licence.
- 4.2 You acknowledge that you have no right to have access to the Licensed Application in source code form or in unlocked coding or with comments.
- 4.3 The integrity of this Licensed Application is protected by technical protection measures (TPM) so that the intellectual property rights, including copyright, in the Licensed Application are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM.
- 4.4 The names “Sharaba”TM and “Sharaba iDreamers” TM are the trademarks of Sharaba Ltd. You may not use these names or any logo which is associated with these brands, and all rights are reserved in respect of them.
- 4.5 Sharaba alone shall own all rights, title and interest evidenced by, embodied in, and/or attached/connected/related to the Services, including, but not limited to, all related Intellectual Property Rights in and to the Services, the Content, Sharaba iDreamers Technology and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. The Sharaba iDreamers's name, trademarks, service marks, Sharaba iDreamers's logos, and the product names associated with the Services are trademarks and/or service marks and/or trade names owned by Sharaba iDreamers or third parties who licensed their rights to Sharaba iDreamers, and no right or license is granted hereunder to use them.
- 4.6 Unless otherwise expressly permitted in this Agreement, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the Software and Services, which are subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, other than expressly permitted in this Agreement.
- 4.7 We do not claim ownership over content, such as text and images that you may upload through the services. However, when you do so, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to post and use such content on the Internet through the Services, in accordance with these terms. Without derogating the foregoing, Sharaba iDreamers does not endorse or assume any responsibility with respect to content posted by users through the Services and marked improperly.
- 4.8 This Agreement does not convey to you any ownership interest in or to the Services, but only a limited and revocable right of use in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of Sharaba iDreamers's Intellectual Property Rights under any law. Use of the Services in violation of the limited license granted hereunder will result in the termination of this license and may expose you to claims for damages. You agree to take all necessary steps to prevent any unauthorized disclosure or use of the Services, or any part thereof, by others.
5.Third Party Content
- 5.1 Where our Licensed Application provides links to other sites and resources or permits you to access content provided by third parties through the Sharaba iDreamers, these links and access are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
6.Warranties and Exclusions
- 6.1 THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN RELATION TO THE SERVICE OR THE CONTENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SHARABA (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS. WITHOUT DEROGATING FROM THE AFORESAID, SHARABA AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, OR ANY CONTENT. SHARABA (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES OR WILL BE TIMELY, UNINTERRUPTED, UNSUSPENDED FOR UNSCHEDULED DOWNTIME OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES AND/OR THEIR QUALITY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THAT THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (F) THAT THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE IMMUNE FROM ANY INTERRUPTION OR SUSPENSION CAUSED BY FACTORS OUTSIDE OF SHARABA OR THE SERVERS' OPERATORS' REASONABLE CONTROL, INCLUDING ANY FORCE MAJEURE EVENT OR INTERNET ACCESS OR RELATED PROBLEMS, OR (G) THAT YOUR MOBILE DEVICE WILL BE COMPATIBLE WITH SHARABA’S SOFTWARE AND SERVICES, OR (H) THAT THE DATA TRANSFERRED THROUGH THE SERVICES WILL ALWAYS BE COMPLETED, ARRIVED TIMELY AND WITHOUT ANY CHANGES. SHARABA SHALL BE EXCUSED FROM THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT INSOFAR AS THE PERFORMANCE IS PREVENTED OR INTERFERED WITH DUE TO DETRIMENTAL ACTS OR CONDITIONS OF THIRD PARTIES, SUCH AS SERVICE OR COMMUNICATIONS PROVIDERS.
- 6.2 Sharaba iDreamers will make technical modifications to the data being processed through the Licensed Application which may reduce the quality of the data received on your Device. Modifications including restricting the transmission of images and reducing the resolution quality of images transferred. You acknowledge that this is necessary for the Licensed Application to fulfil its function and agree to bear all responsibility for use of the Licensed Application. Sharaba is not responsible (to the extent permitted by law) for any direct, incidental, special, or consequential loss suffered by you as a result of such modifications.
- 6.3 Sharaba gives no warranty that the operation of Sharaba iDreamers will be uninterrupted or error free.
- 6.4 You agree that your access to and use of the Sharaba iDreamers is on an “as is” and “as available” basis and at your sole risk.
- 6.5 We make or give no representation or warranty as to the accuracy, completeness, currency, reliability, quality, fitness for purpose or originality of the Sharaba iDreamers, and to the fullest extent permitted by law, all implied warranties, conditions are hereby excluded.
- 6.6 Commentary and other materials posted in the Licensed Application are not intended to amount to advice in which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Licensed Application, or by anyone who may be informed of any of its contents.
- 6.7 If you are a consumer, this is subject to your legal rights in relation to the Licensed Application.
- 6.8 You must not misuse our Licensed Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Licensed Application, the server on which our Licensed Application is stored or any server, computer or database connected to our Licensed Application. You must not attack our Licensed Application via a denial-of-service attack or a distributed denial-of service attack.
- 6.9 By breaching clause 6.8, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Licensed Application will cease immediately and you must delete the Licensed Application from any Device in your possession.
- 6.10 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your Device, computer equipment, computer programs, data or other proprietary material due to your use of our Licensed Application or to your downloading of any material through it, or on any website or application linked to it.
7. Limitation of liability
- 7.1 You acknowledge that the Licensed Application has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Licensed Application meet your requirements.
- 7.2 If you are a consumer, we only supply the Licensed Application for domestic and private use. You agree not to use the Licensed Application for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 7.3 SHARABA AND SHARABA’S AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER SHARABA NOR ANY OF SHARABA’S AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) SHARABA’S DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (c) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, SHARABA’S AND SHARABA’S AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
- 8.1 You agree to indemnify, defend and hold harmless, Sharaba and its managers, directors, shareholders, employees, sub-contractors, agents, licensors and anyone acting on Sharaba's behalf, at your own expense and immediately after receiving a written notice from us, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Services, the content that you upload or provide through the Services, any communications that you convey through the Services, or your breach of this Agreement, or any other terms, rules or regulations applicable to the Services, or your violation, or infringement of other persons rights.
- 9.1 We may terminate this Licence and discontinue using the Licensed Application at any time. If you wish to terminate this Licence you should delete the Licensed Application from your Device or notify us at support@Sharaba.com that you wish to cancel your user account. Upon receipt of such notification we will remove your account. Your rights under this Licence will terminate immediately without notice if you fail to comply with the terms of this Licence.
- 9.2 Upon termination for any reason:
- 9.2.1 all rights granted to you under this Licence shall cease;
- 9.2.2 you must immediately cease to use the Licensed Application; and
- 9.2.3 you must immediately delete or remove all copies of the Licensed Application from all Devices in your possession, and immediately delete all copies of the Licensed Application then in your possession, custody or control.
- 9.3 We may change the content or service at any time. If the need arises, we may suspend access to our Licensed Application, or close it indefinitely. Any of the material in Licensed Application may be out of date at any given time, and we are under no obligation to update such material.
10. Communications between us
- 10.1 If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can contact us by e-mail or by pre-paid post (including your full name and contact details) to
PO Box 474288
United Arab Emirates
We will confirm receipt of this by contacting you in writing, normally by e-mail.
- 10.2 If we have to contact you or give you notice in writing, we will usually do so by e-mail or electronic message to the email address or social media account details you have provided to us.
12. Other important terms
- 12.1 We may transfer our rights and obligations under this Licence to another organization, but this will not affect your rights or our obligations under this Licence.
- 12.2 This Licence and any document expressly referred to in it constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this Licence or any document expressly referred to in it.
- 12.3 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 12.4 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- 12.5 The provisions of the intellectual property, disclaimer of warranty, limitation of liability, and indemnification sections, and anything else that reasonably should be interpreted as surviving termination shall survive the termination, or expiration of the Agreement.
13. Events outside our control
- 13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks or change in the technical specification of your Device’s operating system.
14. Terms specific to the Apple App Store
- 14.1 These terms apply specifically where the Licensed Application is downloaded through the Apple App Store.
- 14.2 You acknowledge that this Licence is made between you and Sharaba only, except that Apple and its subsidiaries shall be entitled as third party beneficiaries to enforce the terms of this Licence against you, if you are in breach of its terms.
- 14.3 For the avoidance of doubt, this Licence is non-exclusive and non-transferable.
- 14.4 You represent and warrant for the benefit of both us and Apple, that you are not:
- 14.4.1 located in a country which is subject to a US Government embargo or has been designated by the US Government as a “terrorist supporting” country; and
- 14.4.2 listed on any US Government list of prohibited or restricted parties.
- 14.5 Sharaba is solely responsible for providing maintenance and support for the Licensed Application and you should contact us using the Means of Communication listed above if you have any issues with the Licensed Application. Apple has no responsibility to provide any support services in respect of the Licensed Application.
- 14.6 Apple has no responsibility in relation to the Licensed Application or its content, and by accepting the terms of this Licence you accept and acknowledge that Apple provides no warranty in respect of the Licensed Application.
- 14.7 In the event that the Licensed Application fails to comply with any warranty contained within this Licence or implied by law (and not excluded under the specific terms of this Licence) you may notify Apple of such failure and Apple may refund any licence fee paid for the Licensed Application to you, if such claim is deemed valid, but to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever in respect of the Licensed Application.
- 14.8 Subject to this, any other claims in respect of the Licensed Application, including (but not limited to) claims for breach of warranty, any claims relating to possession, product liability, claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement, or claims arising under consumer protection or similar legislation are between you and Sharaba.
- 14.9 In the event of any third party claim in respect of a breach of intellectual property rights, Sharaba, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
- 14.10 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
- 14.11 If you wish to contact us in writing, you can send contact us by e-mail or by pre-paid post (including your full name and contact details) to
PO Box 474288
United Arab Emirates
15. Choice of Law: Disputes; Arbitration; and Venue
- 15.1 Choice of Law.This Agreement, as well as any dispute, claim or controversy ("claim") that may arise between you and Sharaba, shall be exclusively governed by the laws of Illinois, United States, without regard to the choice or conflicts of law provisions thereof.
- 15.2.Disputes.Our goal is to resolve claims fairly and quickly. Accordingly, for any claim that you have against us, you agree, prior to filing any suit or proceeding, to first contact us and attempt to resolve the claim informally by sending us a written notice of your claim ("Notice"). The Notice should be sent by certified mail addressed to: Sharaba, Inc., Attn: Legal – Arbitration Opt Out, Sharaba Ltd. of Office 2905, JBC3 PO Box 474288; Dubai, United Arab Emirates. The Notice must (1) include your name, residence address, and the email address and/or mobile telephone number; (2) describe the nature and basis of the claim; and (3) set forth the specific relief sought. If you and we cannot reach an agreement to resolve the claim within 30 days after such Notice is received, then either party may, as appropriate in accordance with this Section 20, commence an arbitration proceeding or file a claim in court. You agree that any claim you have against us must be commenced or filed within one year after such claim arose; otherwise, your claim is permanently barred.
- 15.3.Special Arbitration Provision and Class Action Waiver Applicable to Users in the US & Canada. Except for any claim relating to your or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) ("Excluded Disputes"), you and Sharaba agree to resolve through final and binding arbitration any claim between you and Sharaba, including its affiliates, officers, directors, employees and agents and its affiliates’ officers, directors, employees and agents (whether or not such dispute also involves a third party), regarding any aspect of your relationship with us, including these Terms, your use of any of Sharaba ’s services, your rights of privacy and/or publicity, or any contacts you may have with us, directly or indirectly, for any reason ("Dispute").
- 15.3.1 If you cannot resolve a Dispute with us informally, then you and Sharaba agree to submit the Dispute to a single arbitrator at the American Arbitration Association (AAA) under its then-current Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes, or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules. All parties shall be liable for their own costs in filing any such arbitration, unless the arbitrator determines that a claim or counterclaim was filed for purposes of harassment or is patently frivolous.
- 15.3.2 The Federal Arbitration Act governs the arbitrability of all Disputes between you and Sharaba. The arbitrator will decide whether the Dispute can be arbitrated.
- 15.3.3 You and Sharaba agree that each may bring Disputes against the other only on your or its own behalf, and not on behalf of any government official or other person, or any class of people. You and Sharaba agree not to participate in a class action, a class-wide arbitration, claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Sharaba is a party to the proceeding. You and Sharaba agree not to combine a claim that is subject to arbitration under these Terms with a claim that is not eligible for arbitration under these Terms. YOU AND SHARABA AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY FOR ALL DISPUTES.
- 15.3.4 You may opt out of this agreement to arbitrate. If you do so, neither you nor Sharaba can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the date that you first became subject to this arbitration agreement. You must use this address to opt out: Sharaba, Ltd., Attn: Legal-Arbitration Opt Out, Office 2905, JBC3, PO Box 474288; Dubai, United Arab Emirates. You must include (1) your name and residence address; (2) your email address; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement. The failure to opt out of the agreement to arbitrate as expressly set forth herein, shall constitute a waiver of the right to opt out of arbitration.
- 15.3.5 If the prohibition against class actions and other claims brought on behalf of third parties is found to be unenforceable, then all of Section 15.3 will be null and void as to that Dispute.
- 15.3.6 This arbitration agreement will survive the termination of your relationship with Sharaba.
- 15.4 Venue. If i) you opt out of the arbitration agreement or ii) if the arbitration agreement is found by a court to be unenforceable or iii) if your claim is an Excluded Dispute, and if either i), ii) or iii) exist and you are a resident or have a principal place of business in the United States, you agree to resolve any claim you have with us arising out of or relating to these Terms or Sharaba exclusively in a state or federal court located in Chicago, Illinois, United States and to submit to the personal jurisdiction of the courts located in Chicago, Illinois, United States for purpose of litigating all such claims.
- This Agreement comprises the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. If any provision of this Agreement is held to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between the parties as a result of this Agreement or use of the Services. The failure of Sharaba to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sharaba in writing. The section headings in the Agreement are included for convenience only and shall take no part in the interpretation, or construing of the Agreement. "Including", whether capitalized or not, means without limitation. This Agreement may not be assigned by you without the prior written approval of Sharaba, and any assignment without such prior written consent shall be void.
Definitions as used in this Agreement:
- "Agreement" means these online terms of service and terms of subscription and license of the Software and Services, whether written or submitted online, and any materials available on the Sharaba Website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Sharaba from time to time in its sole discretion;
- "Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Services;
- "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world and any goodwill associated therewith; and
- "Sharaba Technology" means all of Sharaba proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Sharaba in providing the Services.