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This Site, refered to as "ktieb.com" and
the Services, which refers to all the services provided on ktieb.com
are operated by Ktieb.com (hereinafter referred to as "Ktieb", "we", "us" or "our").
Any reference to 'you' and 'yours' refers to you, the user of
the Service.
By using the Services, you are agreeing to be bound by, and to comply with,
these Terms of Use.
Description of Service
Ktieb.com currently provides users with access to web based resources, including various communications tools, content and branded programming through its portal and services. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall also be subject to the Terms of Use.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Registration Obligations
In consideration of your 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 (available via "New User Registration" and ) and other forms (such information being the "Registration Data") 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 ktieb.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ktieb.com 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), and if appropriate take any legal action as may be pertinent at Law.
User Account and Password
In the Service's registration process you will be asked to choose a user name and password. 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 immediately notify ktieb.com of any unauthorized use of your password or account or any other breach of security. Ktieb.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Term.
Points Earning through referrals
- The number of points earned per referral is to change without
notice;
- Referral points are only earned for 'Registered Users';
- You will earn a points (30 points)
when you refer a user to ktieb.com which results in a registration;
- Points will not accrue for referrals where we suspect false,
fraudulent or misleading information has been provided to us;
- We solely determine when false, fraudulent or misleading
information has been provided to us and no negotiation will
be entered
into;
- Points can only be earned for referrals when the new member
registers after clicking the link which we have provided in
the email;
- Do not send spam emails or spam user forums to get referrals,
if we get complaints against you, this will be violating the
Terms of Use and we will remove ALL of the referral points
earned by you and
we may delete your account;
- Do not break any agreements with websites/web directories
that you have use to promote referrals;
- Once joined, existing members cannot notify us that they
had been referred by another member, it must be at the time
of
registration;
- You accept our account of your referral points balance, and
we will enter no negotiation over point balances;
- You agree that in any points dispute that we are the final
arbiter.
Changes in Terms of Use and Changes in Services
Ktieb.com reserves the right to modify the Services from time to time, for any reason, and without notice, including the right to terminate these Services. Ktieb.com reserves the right to modify these Terms of Use from time to time, without notice. Please review these Terms of Use from time to time so you will be informed of any changes.
Proper Use
In consideration of your use of the Service, you agree to only use the Service for lawful purposes. You also specifically agree that:
• you shall not (or authorize or permit any other party to) use the Service to place online material which is in violation of any law or regulation, which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, harmful to minors, in breach of any intellectual property right (including copyright), or otherwise unlawful;
• impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity;
• upload or post any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters,"pyramid schemes," or any other form of solicitation;
• you shall not knowingly or recklessly upload any electronic material (including viruses) through the Service which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by ktieb.com or other Internet users;
• your account is to be used by a single user only and that you will not allow simultaneous access using the same log-in;
• as the registered user of the account you are responsible for your account and you will keep the username and password secure and not let them become public knowledge and that the password will not be stored anywhere on a computer in plain text;
• if the password becomes known to any other unauthorized user you will inform ktieb.com immediately and we shall provide a new password as soon as possible;
• you shall ensure that you exit from the My Account at the end of each session. This has to be done via the Log Off button which is accessible from all the pages;
• you shall not collect or store personal data about other users;
Any breach of these obligations shall entitle ktieb.com to immediately terminate your Service without notice. Any attempt on your part to access or modify unauthorised computer system information or to interfere with normal system operations, whether on the equipment of ktieb.com or of any computer system or network that is accessed via ktieb.com's communication services, will result in the immediate suspension of your Services. These unauthorised activities include, but are not limited to: guessing at or using passwords other than your own, sharing your own password(s) and account(s) with others not authorised by ktieb.com to use said password(s) and account(s), accessing or attempting to access information that does not have public access permissions.
Disclaimer of Warranties
Ktieb.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the Services being provided. Ktieb.com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information, e-mail or material. Ktieb.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Services.
THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, KTIEB.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, KTIEB.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN KTIEB.COM, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. KTIEB.COM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL KTIEB.COM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF KTIEB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON KTIEB.COM OR RECEIVED THROUGH ANY LINKS PROVIDED IN KTIEB.COM, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN KTIEB.COM. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO KTIEB.COM. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Under no circumstances shall ktieb.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Governing Law
All legal issues arising from or related to the use of ktieb.com and related services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Malta.
Dealings with Advertisers and Merchants
Your correspondence or business dealings with, or participation in promotions of, advertisers, sellers and merchants 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, seller or merchant. To the fullest extent permitted by law, you agree that ktieb.com shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers, sellers and merchants on the Service, and you agree that any order placed by you on, and any product specifications and product availability appearing on, the Service are subject to confirmation by, and the terms and conditions of business of, the relevant Merchant.
Indemnity and Release
By using ktieb.com website you agree to indemnify ktieb.com and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including legal fees, arising from your use of the ktieb.com web sites. By using the ktieb.com sites you are hereby agreeing to release ktieb.com and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Services. You hereby agree to waive all laws that may limit the efficacy of such releases.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between ktieb.com's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual web site are incorporated herein by reference to the extent they do not conflict with these Terms of Use. To the extent that any other terms and conditions or terms of service conflict with these Terms of Use, those other provisions shall control with respect to the use of the particular web site and any products or services available on or through the web site at which those other provisions may be found.
Use and Storage
You acknowledge that ktieb.com. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that book postings or other uploaded Content will be retained by the Service, the maximum number of books that can be sold from an account on the Service, the number of points required for any action to be completed, and the maximum size of an image which can be uploaded in the account on the Service. You agree that ktieb.com has no responsibility or liability for the deletion or failure to store postings and other communications or other Content maintained or transmitted by the Service. You acknowledge that ktieb.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ktieb.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to Service
Ktieb.com 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. You agree that di-ktieb.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Violations of Terms of Use
Should you violate these Terms of Use or any other rights of ktieb.com, ktieb.com reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the ktieb.com web sites. If ktieb.com should fail to enforce any right or provision in these Terms of Use, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the Terms of Use shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
Date: 15th October 2004 |