missarabian.com Terms of Use Agreement

Last updated March 09, 2017

This Terms of Use Agreement (this «Agreement») is made between SOL Networks Limited, located at 2, Sir Аugustus Ваrtоlо Str, Та' Хbiex XВX 1091, Мaltа (hereinafter Application, including applications for tablets and other smart devices)) and the user of missarabian.com and its affiliate services («You» «Registered <nobr>Non-Member</nobr>» or «Member») with respect to communications with other members and other online services provided by missarabian.com (the «Service»). By clicking «Sign Up» or «Take a Chance» on the registration forms, You indicate Your acceptance of all the terms and conditions of this Agreement and your registration on missarabian.com.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON «SIGN UP» OR «TAKE A CHANCE» BUTTON, ONCE THE BUTTON IS CLICKED YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU REGISTER FOR OR PURCHASE THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY missarabian.com AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE/ UPON OUR UPDATING THE APPLICATION WITH THE CURRENT VERSION OF THIS AGREEMENT.

  1. Eligibility. By registering on missarabian.com, You represent and warrant that You are at least 18 years old. Membership in the Service and registration on missarabian.com is void where prohibited. By using missarabian.com, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity.

  2. Term. This Agreement will remain in full force and effect while You use missarabian.com and/or are a Member of missarabian.com. You may terminate Your membership at any time, for any reason, effective upon receipt of Your written notice of termination by missarabian.com customer support staff.

    missarabian.com may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided at registration, or to any other email address provided by You to missarabian.com. Upon termination by missarabian.com without cause, You shall receive a refund, pro rata, of any paid fees that missarabian.com has received from You. If Your membership with missarabian.com is terminated by reason of violation of this Agreement, or at Your request, You will not be entitled to, nor shall missarabian.com be liable to You, for any refund of unused fees for using missarabian.com or its additional Services. Unused credits expire 365 days after their purchase date. Notwithstanding Your membership being terminated, this Agreement will remain in full effect.

  3. <nobr>Non-Commercial</nobr> Use by Members. missarabian.com is for the personal use of individual Members and/or Registered <nobr>Non-Members</nobr> only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Service or the Website/ Application for any purpose. Illegal and/or unauthorized use of the Website/ Application, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website/ Application will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that You will not create any databases, websites, applications, software, legal entities and services competitive with missarabian.com. You further guarantee and warrant that You will not use the Website/Application for any commercial purposes, and/or send or receive funds thorough the Website/Application, and/or create accounts with fake usernames. You further guarantee and warrant that You will not be paid for using the Website/Application and services, provided on the Website/Application. Such activity will be investigated, Your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.

  4. Proprietary Rights in Content. missarabian.com owns licenses or otherwise retains all intellectual property rights in the Website/ Application and the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of missarabian.com and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

  5. Content Posted at missarabian.com:

    1. You understand and agree that missarabian.com may at its sole discretion store for review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, «Content») that in the sole judgment of missarabian.com violate this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members or any third parties.

    2. You are solely responsible for the Content that You publish or display (hereinafter, «post») via the Website/ Application, or transmit to other Members.

    3. By posting Content to any public area of the Website/ Application You automatically grant, represent and warrant that You have the right to grant to missarabian.com an irrevocable, perpetual, <nobr>non-exclusive</nobr>, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

    4. The following is a partial list of Content that is illegal or prohibited on the Website/ Application. missarabian.com reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that:

      • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • harasses or advocates harassment of another person;
      • involves the transmission of «junk mail», «chain letters», or unsolicited mass mailing or «spamming»;
      • promotes information that You know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
      • promotes an illegal or unauthorized copy of another persons copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;
      • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
      • publicly displays inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity);
      • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
      • provides instructional information about illegal activities such as making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses;
      • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
      • engages in commercial activities and/or sales without missarabian.com prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
    5. You must use the Service in a manner consistent with any and all applicable laws and regulations.

    6. You may not include in Your profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not include in Your correspondence with other members any URLs, email addresses or telephone and fax numbers.

    7. You may not engage in advertising to, or solicitation of, other Members and/or Registered <nobr>Non-Members</nobr> to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although missarabian.com cannot monitor the conduct of its Members off the Website/ Application, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, missarabian.com reserves the right to restrict the number of emails which a Member may send to other Members in any <nobr>24-hour</nobr> period to a number which missarabian.com deems appropriate in its sole discretion.

    8. To ensure the quality of the Service provided, Your communication through the Website/ Application may be recorded.

  6. <nobr>Co-registration</nobr>. By becoming a Member, You agree that you might be registered on missarabian.com partners websites/ applications. By using their services you agree with Terms and Conditions, Privacy Policy and other regulations, published on their websites/ applications.

  7. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply missarabian.com's copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing on such copyright is located on the Website/ Application; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owners behalf.

  8. Member Disputes. You are solely responsible for Your interactions with other missarabian.com Members/Registered <nobr>Non-Members</nobr>. missarabian.com reserves the right, but has no obligation, to monitor disputes between You and other Members/Registered <nobr>Non-Members</nobr>.

  9. Use of the Website/ Application and/or the Service is also governed by missarabian.com's Privacy Policy.

  10. Disclaimers. missarabian.com PROVIDES THE SERVICE ON AN «AS IS» BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ITS REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE SERVICE. missarabian.com SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, missarabian.com DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR <nobr>ERROR-FREE</nobr>, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. missarabian.com DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. Although each member must agree to the Agreement, missarabian.com cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or «hackers») may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. missarabian.com is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. missarabian.com DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. missarabian.com is not responsible for any incorrect or inaccurate Content posted on the Website/ Application or in connection with the Service, whether caused by users of the Website/ Application, Members or by any of the equipment or programming associated with or utilized in the Service. missarabian.com is not responsible for the conduct, whether online or offline, of any user of the Website/ Application or Member of the Service. missarabian.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. missarabian.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Websites/ Applications or combination thereof, including injury or damage to users and/or Members or to any other persons computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will missarabian.com be responsible for any loss or damage, including personal injury or death, resulting from anyones use of the Website/ Application or the Service, any Content posted on the Website/ Application or transmitted to Members/Registered <nobr>Non-Members</nobr>, or any interactions between users of the Website/ Application, whether online or offline.

  11. Suppliers. To provide the Service, missarabian.com may purchase services from various third parties (collectively, «Suppliers»). The Suppliers are independent contractors and are not agents, or employees of missarabian.com. missarabian.com is not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services. According to terms of agreement with its Suppliers, missarabian.com is prohibited from rendering the Suppliers contact information. Services provided by the Suppliers include but are not limited to the following:

    1. Suppliers provide full, accurate and legitimate information required for the registration of the Members at missarabian.com prior to their registration according to the terms of Agreement.

    2. Suppliers provide full, correct and quality translation of all correspondence of their Members.

    3. Suppliers provide additional services in accordance to the terms of their agreement with missarabian.com.

    4. Any additional services requested by missarabian.com Members, which fall into the Suppliers scope of activity, but not defined by missarabian.com terms of Agreement with Supplier, may be processed by Suppliers, but are not automatically granted.

      missarabian.com is not in any way responsible for the quality of any additional services provided by the Suppliers. The Website/ Application and the Service are provided «as is» and missarabian.com expressly disclaims any warranty of fitness for a particular purpose or <nobr>non-infringement</nobr>. missarabian.com cannot guarantee and does not promise any specific results from use of the Website/ Application and/or the Service.

  12. Members. missarabian.com does not influence the relationships between Members of the Website/ Application. Members may terminate their membership with missarabian.com at any time. Deactivation of profiles of Members of missarabian.com is governed by the following:

    1. In the event a Member is no longer interested in the Services, missarabian.com customer support administrators shall review the correspondence between such Member and other Member's with whom the Member has been corresponding (the «Correspondent») and shall have the right to make a decision, in their sole discretion, with respect to the issuance of refund back to the Member. Notwithstanding the above, missarabian.com customarily issues no more than 10 credits back to the Correspondent for such a Correspondents last letter to the deactivated Member.

    2. In the event a Member had requested his/her profile to be deleted from missarabian.com for unspecified personal reasons, the Correspondent shall not have the right to receive any information with respect to the deletion of such a Member's profile, as it would be in violation of missarabian.com's Privacy Policy. Furthermore, the Correspondent shall not be entitled to any refund with respect to his correspondence with such a Member. missarabian.com may, at its discretion, issue 10 credits back to Correspondent's account for Correspondent's last letter to the Member, if this letter was the last one in their correspondence.

    3. In the event, a Member had found his/her match, and same is not the Correspondent, the Correspondent shall not be entitled to any refund with respect to this correspondence with such Member.

    4. In the event, a Member had been reported for inappropriate activities, missarabian.com may, at its sole and unfettered discretion, issue a partial refund to the Correspondent, who had informed missarabian.com of such Member's inappropriate activity by providing incontrovertible evidence of same.

    5. In the event, a Member is found on an <nobr>anti-scam</nobr> site, or in case we receive reliable proof of the Member's illegal activities from another Member, such Member's profile may be deleted from the Website/ Application provided that missarabian.com, in its sole and unfettered discretion, considers the supplied information substantial and irrefutable. missarabian.com may issue a partial refund to the Correspondent who provided such information.

    missarabian.com operates in full compliance with the International Marriage Broker Law (IMBRA).

  13. Rights of Registered <nobr>Non-Members</nobr>/Purchase of Membership/Additional Purchases. Upon registering with the Website/ Application, a Registered <nobr>Non-Member</nobr> shall have 1 (one) calendar month to purchase a membership («Trial Period»). During the Trial Period, You shall have access to the following Services:

    1. Browsing of Members profiles;

    2. Inclusion of Your profile in missarabian.com's database and searchability by other Members;

    3. Ability to make changes to Your profile

    4. Ability to read messages;

    5. Ability to respond to messages from Members with a positive balance on the account;

    6. Ability to purchase membership.

    In the event You fail to purchase Your membership during the Trial Period, your profile shall be <nobr>de-activated</nobr>, and You shall lose all access to the Services, provided however, that You shall retain the ability to purchase membership at any time

    Upon purchase of membership, a Registered <nobr>Non-Member</nobr> shall become a Member and shall have access to all Member privileges. All Services not included in the membership fee shall be provided at additional charge. Your membership will continue indefinitely until cancelled by You. After Your initial purchase of membership, and again after any subsequent membership period, Your membership will automatically renew for an additional equivalent period, at the price you agreed to when initially purchasing the membership. You agree that your account will be subject to this automatic renewal feature. If You want to change or terminate your membership, please contact our customer support at support@missarabian.com. If You cancel Your membership, You may use your membership until the end of Your <nobr>then-current</nobr> membership term and Your membership will not be renewed thereafter. However, You won’t be eligible for a prorated refund of any portion of the membership fee paid for the <nobr>then-current</nobr> membership period.

    By purchasing the 1 (one) calendar months membership, You authorize missarabian.com to charge Your credit card, debit card or other payment method at such time and again, as Your membership will automatically renew at the beginning of any subsequent membership period, unless canceled by You prior to the expiration of any membership period, including any sales or similar taxes imposed on Your membership payments. Unless otherwise indicated in any applicable additional terms or communications missarabian.com sends to Your registered email address, the renewal membership will be at the same membership fee as when you first subscribed, plus any applicable taxes, unless missarabian.com notifies You at least 10 days prior to the end of your current term that the membership fee will increase. You acknowledge and agree that your payment method will be automatically charged for such membership fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your membership is subject to automatic renewals and You consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from You and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable membership fees. Upon the renewal of Your membership, if missarabian.com does not receive payment, You agree that missarabian.com may either terminate or suspend your membership and continue to attempt to charge Your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new membership commitment period will begin as of the day payment was received).

    Membership starts with a discounted fee for the first month and the standard fee of $9.99 for each following month.

    By subscribing to our monthly membership, you will receive the following benefits:

    1. A showcase of your account to all members during the membership period

    2. A <nobr>one-time</nobr> package of 20 Welcome Credits

    3. 10 free Live Chat sessions limited to 3 minutes each

    4. First offline introduction messages to any member are free. We also offer several credit packages with the prices per credit ranging from $0.4 to $0.8. These credits can be used for any of our services: chats, emails, sharing photos and videos, etc.

    Cost of services:

    • Basic Chat costs 1 сredit per minute;
    • One-Way Video Chat costs 4 сredits per minute;
    • Two-Way Video Chat costs 6 сredits per minute;
    • Offline Message sending costs 1 credit per message (160 symbol limit);
    • Mobile App Message sending costs 1 credit per message (160 symbol limit);
    • Email costs 10 сredits each;
    • Sending/viewing photos or videos costs 15 сredits each;
    • Sending stickers costs 5 сredits each;
    • Sending animated smilies costs 1 сredits each;
    • Viewing video in profile costs 10 сredits each;
    • Let’s Mingle costs 5 credits per use.
  14. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will missarabian.com be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Website/ Application or the Service, as well as damages for loss of date, loss of programs, cost of procurement of substitute Services or Service interruptions, even if missarabian.com knows or has been advised of the possibility of such damages. missarabian.com is not responsible for any expenses that you may have related to communicating with Members and Non-Members on our site but outside of using our services our services (including, but not limited to expenses related to travel, deliveries, meetings etc.). Those expenses are your own responsibility. Notwithstanding anything to the contrary contained herein, missarabian.com's liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to missarabian.com for the Service during the term of membership.

  15. <nobr>U. S. Export</nobr> Controls. Software from the Website/ Application (the «Software») is further subject to United States export controls. No Software may be downloaded from the Website/ Application or otherwise exported or <nobr>re-exported</nobr> (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone who is listed on the <nobr>U. S. Treasury</nobr> Department's list of Specially Designated Nationals or on the <nobr>U. S. Commerce</nobr> Department's Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

  16. Disputes. You acknowledge that the transactions involving your use of the Website and your purchase of products or services took place in New York City, New York or in Malta. Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed by missarabian.com or through missarabian.com will be resolved by binding arbitration under the LCIA Rules, rather than in court. The number of arbitrators shall be three. The arbitration shall take place in London, UK. The language to be used in the arbitral proceedings shall be English. The governing law of this Agreement shall be the substantive law of Malta. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Arbitrators, however, can award you the same damages and relief, and must honor the same terms in this Agreement, as a court would.

    The LCIA’s Rules are available at www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2014. Payment of all filing, administration and arbitrator fees will be governed by the LCIA's rules.

    We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

    You will attempt to resolve all disputes with respect to the Services through communication with missarabian.com's customer service. If parties are unable to resolve the dispute, You must use the dispute resolution mechanism discussed above in this Section 14.Please also note should you chargeback any transactions billed to your account, missarabian.com's may be required to disclose any and/or all private communications sent/received by You through our Service in order to prove the validity of the charges billed to Your account and missarabian.com's privacy policy will therefore not restrain any such disclosures.

  17. Indemnity. You agree to indemnify and hold missarabian.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement, and/or any allegations that any Content that You submit to missarabian.com or transmit to the Website/ Application infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

  18. Other. This Agreement, accepted upon use of the Website/ Application and further affirmed by becoming a Member and/or Registered Non-Member of the Service, contains the entire Agreement between You and missarabian.com regarding the use of the Website/ Application and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

 


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