The DABADOR site located at dabador.com is a copyrighted work owned by APRIDESIGN SARL. Some features of the site may be subject to additional guidelines, conditions or rules, which will be published on the site in connection with such features.
All such additional terms, guidelines and rules are incorporated by reference into these Terms.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
Access to the Site
Subject to these Terms. The Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your personal, non-commercial use.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, assign, transfer, distribute, host, or otherwise commercially exploit the Site; (b) you shall not modify, create derivative works of, disassemble, decompile, or reverse engineer any portion of the Site; (c) you shall not access the Site for the purpose of creating a similar or competing web site; and (d) except as expressly provided herein, no part of the Site may be copied, reproduced, distributed, republished, uploaded, posted, published or transmitted in any form or by any means, except as expressly provided herein, and any future versions, updates or other additions to the functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies of the Site.
The Company reserves the right to modify, suspend or discontinue the Site with or without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension or termination of the Site or any portion thereof.
No Support or Maintenance. You agree that the Company shall have no obligation to provide you with any support in connection with the Site.
Excluding any User Content you may provide, you understand that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its contents belong to the Company or the Company's suppliers. Note that these Terms and access to the Site do not grant you any right, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.
User Content. "User Content" means all information and content that a user submits to the Site. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by the Company. Because you are solely responsible for your User Content, you may expose yourself to liability. The Company is not obligated to save the User Content you post; furthermore, your User Content may be deleted at any time without notice. You are solely responsible for making your own backup copies of your User Content if you so choose.
You hereby grant to Company an irreversible, non-exclusive, royalty-free, fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to sublicense the foregoing rights, solely for the purpose of including your User Content on the Site. You hereby irreversibly waive any and all claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the Site to collect, upload, transmit, post or distribute any User Content (i) that violates any third party right or any intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, commercially defamatory, pornographic, obscene, patently offensive, or promotes racism, bigotry, hatred, or harm of any kind against any group or individual (iii) is harmful to minors in any way; or (iv) is in violation of any law, regulation or third party obligation or restriction.
In addition, you agree not to: (i) upload, transmit or distribute to or through the Site any software intended to damage or alter any computer system or data; (ii) send via the Site any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, collate or assemble information or data about other users without their consent; (iv) interfere with, disrupt or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether by password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Site;
We reserve the right to review any User Content and investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or create liability for us or any other person. Such action may include deleting or editing your User Content, terminating your account in accordance with Section 8 and/or reporting you to law enforcement authorities.
If you provide the Company with any comments or suggestions regarding the Site, you hereby assign to the Company all rights to such comments and agree that the Company shall have the right to fully use and exploit such comments and related information in any manner it deems appropriate. Company will treat any feedback you provide to Company as non-confidential and non-proprietary.
You agree to indemnify and hold harmless Company and its officers, employees and agents, including attorneys' fees and costs, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of any applicable law or regulation, or (d) your User Content. The Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any claim, action or proceeding upon becoming aware of it.
Third-party links and ads; Other users
Third Party Links and Advertisements. The Site may contain links to third-party websites and services and/or display advertisements for third parties. These third party links and advertisements are not under the control of the Company, and the Company is not responsible for any third party links and advertisements. The Company provides access to these third party links and advertisements solely for your convenience and does not review, endorse, monitor, approve, warrant or make any representations regarding the third party links and advertisements. Your use of any third party links and advertisements is at your own risk and you should exercise caution and discretion in doing so. When you click on any of the third party links and advertisements, the applicable third party terms and policies apply, including the third party's privacy and data collection practices.
Other Users. Each user of the Site is solely responsible for all or part of his or her own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or others. You agree that Company will not be liable for any loss or damage suffered as a result of such interactions. In the event of a dispute between you and a user of the Site, we have no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors and assigns from, and hereby waive and relinquish, all past, present and future litigation, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature, which arose or resulted directly or indirectly from, or which relate directly or indirectly to the Site. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states, "a general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of the execution of the release which, if known by him or her, must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, DABADOR uses "cookies. These cookies are used to store information, including visitors' preferences and which pages of the website the visitor has accessed or visited. The information is used to optimize the user experience by customizing our web page content based on visitors' browser type and/or other information.
Disclaimer of Liability
The Site is provided on an "as is" and "as available" basis, and the Company and our suppliers expressly disclaim all warranties and conditions of any kind, whether express, implied or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-infringement. We and our suppliers do not warrant that the Site will meet your requirements, be available on an uninterrupted, timely, secure or error-free basis, or be accurate, reliable, free of viruses or other harmful code, complete, legal, or secure. If applicable law requires warranties regarding the Site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation of liability
To the maximum extent permitted by law, in no event will the Company or our suppliers be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising out of or in connection with these terms or your use of or inability to use the Site even if the Company has been advised of the possibility of such damages. Access to and use of the Site is at your sole discretion and risk, and you will be solely responsible for any damage to your computer equipment or system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising out of or related to this Agreement shall at all times be limited to a maximum of fifty United States dollars ($50). The existence of more than one claim will not increase this limit. You agree that our suppliers shall have no liability whatsoever arising out of or related to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this section, these Terms will remain in full force and effect while you are using the Site. We may suspend or terminate your rights to use the Site at any time for any reason in our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your account and your right to access and use the Site will terminate immediately. You understand that any termination of your account may result in the deletion of your user content associated with your account from our live databases. Company will have no liability to you for any termination of your rights under these Terms. Even after termination of your rights under these Terms, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
The Company respects the intellectual property of others and asks users of our Site to do the same. As part of our Site, we have adopted and implemented a policy that complies with copyright law that provides for the removal of any infringing material and the termination of users of our online Site who repeatedly infringe intellectual property rights, including copyrights. If you believe that any of our users, through the use of our site, are unlawfully infringing the copyright(s) in any work and you wish to have the allegedly infringing material removed, the following information in the form of a written notice (in accordance with 17 U.S.C. § 512(c)) must be provided to our designated copyright agent:
- your physical or electronic signature;
- identifying the copyrighted work or works that you claim have been infringed;
- identifying material on our services that you believe is infringing and that you request us to remove;
- sufficient information to allow us to locate this material;
- your address, telephone number and e-mail address;
- a statement by you that you have a good faith belief that use of the infringing material is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are either the owner of the copyright that has been infringed or that you are authorized to act on the copyright owner's behalf.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of a material fact in a written notice automatically subjects the complaining party to liability for any damages, costs and attorneys' fees incurred by us in connection with the written notice and the claim of copyright infringement.
These Terms are subject to occasional revision, and if we make substantial changes, we may notify you by sending an e-mail to the last e-mail address you provided and/or by prominently posting a notice of the changes on our Placer. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, our sending of the e-mail containing such notice will nevertheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective no sooner than thirty (30) calendar days after we send you notice by e-mail or within thirty (30) calendar days after we post notice of the change on our site. Such changes will be effective immediately for new users of our Site. Your continued use of our Site following notification of such changes will indicate your acknowledgement of such changes and your agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this arbitration agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY EXECUTIVE ARBITRATION AND A WAIVER OF COLLECTIVE ACTION.
Applicability of Arbitration Agreement. All claims and disputes relating to the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be conducted in English. This Agreement to Arbitrate applies to you and the Company, and all subsidiaries, affiliates, agents, employees, predecessors, successors and assigns, and all authorized or unauthorized users or recipients of the Services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may request arbitration, the party must first send the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the relief sought. Notice to the Company must be sent to: Morocco, Marrakech, Gueliz 40000. After receiving the Notice, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days of receipt of the Notice, either party may commence arbitration proceedings. The amount of any settlement offer made by a party may be disclosed to the arbitrator only after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties agree to select another ADR provider. The ADR provider's rules will govern all aspects of the arbitration, except to the extent those rules conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claim or dispute for which the total amount of the award sought is less than ten thousand U.S. dollars ($10,000.00) may be resolved by binding, non-appearance arbitration at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars ($10,000.00) or more, the right to a hearing shall be determined by the arbitration rules. Any hearing will be held at a location within 100 miles of your residence, unless you reside outside the United States and unless the parties agree otherwise. If you reside outside the United States, the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearing. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator awards you more than the last settlement offer the Company made to you prior to the commencement of the arbitration, the Company will pay you the greater of the award or $2, 500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and expenses of the ADR provider.
Additional Rules for Non-appearance Based Arbitration. If a non-appearance based arbitration is selected, the arbitration shall be conducted by telephone, online and/or on the basis of written submissions only; the specific manner shall be selected by the party initiating the arbitration. The arbitration shall not involve any personal appearances by the parties or witnesses, unless otherwise agreed by the parties.
Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or requested within the statute of limitations and any time limits imposed under the AAA Rules for the relevant claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and responsibilities of you and the Company, and the dispute will not be consolidated with other issues or joined with other cases or parties. The arbitrator shall have the power to grant motions that resolve all or part of any claim. The arbitrator shall have the power to award damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator must issue a written award and statement of decision describing the essential findings and conclusions upon which the award is based. The arbitrator has the same authority to grant relief on an individual basis as a court judge would have. The arbitrator's decision is final and binding on you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND LEGAL RIGHTS TO GO TO COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY, electing instead that all claims and disputes be resolved by arbitration under this Arbitration Agreement. Arbitration proceedings are generally more limited, efficient and less expensive than the rules applicable in a court of law and are subject to very limited review by a court. In the event a dispute arises between you and the Company in state or federal court in an action to vacate or enforce an arbitration or other award, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, electing instead to have the dispute resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes under this arbitration agreement shall be arbitrated or litigated on an individual basis and not on a class basis, and the claims of more than one customer or user may not be arbitrated or litigated jointly or consolidated with those of any other customer. or user.
Confidentiality. All aspects of the arbitration proceedings shall be strictly confidential. The parties agree to maintain confidentiality, except as otherwise provided by law. This paragraph shall not prevent a party from submitting to a court any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are held by a court of competent jurisdiction to be invalid or unenforceable by law, then that specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Agreement for Arbitration may be waived by the party against whom the claim is asserted. Any such waiver shall not invalidate or affect any other part of this Agreement to Arbitrate.
Survival of Agreement. This arbitration agreement will survive the termination of your relationship with the company.
Small Claims Court. However, you or the Company may bring an individual action in small claims court.
Emergency equitable relief. In any event, either party may seek emergency equitable relief in state or federal court to maintain the status quo pending arbitration. A request for interim relief shall not be deemed a waiver of any other rights or obligations under this arbitration agreement.
Claims not subject to arbitration. Notwithstanding the foregoing, claims for defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this arbitration agreement.
In all circumstances where the foregoing arbitration agreement permits the parties to litigate, the parties hereby agree to submit to the personal jurisdiction of the courts located in Morocco County.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export or transfer, directly or indirectly, any U.S. technical data acquired from Company, or products using such data, in violation of U.S. export laws or regulations.
Electronic Communications. Communications between you and the Company use electronic means, whether you use the Site or send e-mails to us, or the Company posts notices on the Site or communicates with you by e-mail. For contractual purposes, you (a) consent to receive communications from the Company in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in paper form.
These Terms constitute the entire agreement between you and us with respect to the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including but not limited to". If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall be unaffected and the invalid or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship with Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the prior written consent of Company, and any attempted assignment, subcontracting, delegation or transfer in violation of the foregoing shall be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms will be binding on the assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third parties. You are not authorized to use these Marks without our prior written consent or the consent of such third party that may own the Marks.
Address: morocco, marrakech, Guéliz 40000
Email: [email protected]