1.2 By accessing and/or using the Platform and/or the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change and/or be updated from time to time at Ads4east’s sole discretion. Such changes are effective on the date that they have been posted on the website.
1.3 You are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with or the Ser Ads4east vice in any way, you must immediately discontinue use of the Platform and the Service, otherwise, such continued use shall be deemed to be an explicit consent of these Terms.
1.4 These Terms may be updated by Ads4east at any time at its sole discretion. It is your responsibility to check the latest Terms and keep a copy of these Terms.
1.5 OpenSooq may provide a translation of the English version of the Terms into other languages. Any translation of the Terms into other languages is for your convenience only and the English version shall supersede and govern the terms of your relationship with Ads4east regardless of any other translation that may be provided thereto. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail.
2. DESCRIPTION OF SERVICE AND CONTENT POLICY
2.1 The legal responsibilities and liabilities of Ads4east are excluded or limited; – you take on risk, responsibilities and liability; and – any rights you have against Ads4east are limited or excluded. The statements made in this Section constitute acknowledgements of fact by you. You must read these statements carefully and ensure they are correct, as you will not be able to deny the truth of the statements. Ads4east and/or other persons may have claims and other rights against you as a result of these statements.
2.2. Ads4east is a platform to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Platform. Although you may be able to conduct payment and other transactions through the Platform, using third-party vendors, OpenSooq is not in any way involved in such transactions, including but not limited to payment of any sales or applicable taxes. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Ads4east is not a party to such transactions, has no control over any element of such transactions, and, as far as the law allows, shall have no liability towards any party in connection with such transactions. Ads4east does not provide any warranty or guarantee and assumes no liability for any products or services listed, sold or purchased and is not responsible for any returns, refunds, or disputes between users of the Platform. As far as the law allows, you use the Service and the Platform at your sole risk and responsibility.
2.3 You understand that Ads4east is not responsible for listings, ads, user generated content, directory information, business listings/information, messages between users, including without limitation e-mails or chats or other means of electronic communication, whether through the Platform or another Third Party Platform (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service (hereinafter referred to as the”Content”), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. As far as the law allows, you are responsible for and must evaluate, and bear all risks associated with, the use of any Content. You may not rely on said Content, and under no circumstances will Ads4east be liable in any way for the Content or for any loss and/or damage of any kind incurred as a result of the browsing, searching, using or reading any Content listed, e-mailed or otherwise made available via the Service. Ads4east is not obliged to pre-screen or approve any Content, but Ads4east has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Ads4east ’s knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third party websites (hereinafter referred to as “Third Party Platforms”) which are completely unrelated to Ads4east . If you link to Third Party Platforms, you may be subject to those Third Party Platforms’ terms and conditions and other policies. As far as the law allows, OpenSooq makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Platforms, and your linking to any other websites is, as far as the law allows, completely at your own risk and Ads4east disclaims all liability thereto.
2.4 You are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that:
2.4.1. you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Ads4east to use such Content in any way but not limited to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and
2.4.2. you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to Ads4east an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and Ads4east ‘s (and its successors’ and/or subsidiaries and/or affiliates) business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Ads4east in order to host and display your Content. Furthermore, by you posting Content to any area of the Service, you agree to and do hereby grant to Ads4east all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose which contravenes these Terms. These rights are perpetual and cannot be revoked by you and will apply and can be exercised throughout the world. You also hereby grant each user of the Platform a non-exclusive license to access your Content through the Platform (this license excludes automated data collection/scraping cases and any other possible use with commercial purposes).
2.4.3. Ads4east does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and, as far as the law allows, Ads4east expressly disclaims any and all liability in connection with user Content. Ads4east does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Ads4east may, at its sole discretion, remove any infringing Content. Ads4east reserves the right to remove any Content without prior notice. Ads4east may also terminate a user’s access to the Platform. Further, at its sole discretion, Ads4east reserves the right to decide whether any Content is appropriate and complies with these Terms.
2.5 The below practices are considered prohibited on Ads4east : Creating multiple accounts Selling any accounts Creating any account with false or misleading information Posting duplicate content Deleting and reposting the same listing Posting content with misleading titles, content, or images Posting content with inappropriate images Posting content under wrong categories Posting content with unrealistic prices Posting content with links redirecting to other websites Uploading images that contain names, phone numbers or any other words Posting phone numbers in titles of listings Posting content with prepayment or bank transfer options Posting generic content Posting multiple items in one post
2.6 Any listing / post or message or comment be it public or private that contains one or more of the below prohibited content will be deleted, once Ads4east identifies it and/or are notified in writing about it and Ads4east reserves the right to permanently delete the user account, blacklisting the account, and/or reporting the content and the user information to Law Enforcement or the appropriate Authority: Alcoholic Beverages, Liquor, non legal tobacco products, drugs, non legal psychotropic substances, narcotics, intoxicants of any description, non legal medicines, palliative/curative substances nor shall you provide link directly or indirectly to or include descriptions of items, goods or services that are prohibited under any applicable law (For dietary supplements, slimming products and cosmetic creams, local approval and business licenses must be provided first). Living, dead person and/or the whole or any part of any human which has been kept or preserved by any means whether artificial or natural including any blood, bodily fluids and/ or body parts. Prostitution or any other service in the nature thereof that purports to violate any act, law or regulation regarding the representation of women or children and the contemporary standards of morality and decency in the Arab society. Offensive material intended for use in a sexual setting (including “bondage” and “fetish” items,) displaying sexual activity or portraying human genitalia in a “life-like” or realistic fashion. “Antiquities” and “Art Treasures” not authorized for sale or trading under any applicable law. Information or items that are defamatory, libelous, threatening or abusive in nature. Information that is fraudulent, misrepresenting as to the nature and use of the goods or the services. Counterfeit, pirated, illegal and/or stolen goods or unauthorized illegal services (services for which you are not licensed or permitted to do or do not have the authority to undertake). Items, goods and services that infringe or attempt to pass off any third parties’ intellectual property or rights of publicity or moral rights and or purports to breach any persons right to privacy. Electronically transmitting through any medium computer viruses of any type or any computer program that facilitates hacking of a computer system with the intent to damage a computer or computer network or intercept any personal data. Your information shall not include any hate content, that is derogatory or slanderous in nature that may directed to any individual or group or advocate violence against any users’ individuals and or animals. Hazardous chemicals and pesticides. Fireworks, destructive devices and explosives including any material that enables the making of fireworks, explosive triggers and explosive devices. Identity documents, personal financial records & personal information (in any form, including mailing lists). Lottery tickets, sweepstakes entries and slot machines. Military or police badges, uniforms, coats-of-arms and or any Government emblems, insignia, and/ or items related to military or police that are not authorized for sale or trading under any applicable law. Weapons and related items (such as firearms, firearm parts and magazines, ammunition, tear gas, stun guns or switchblade knives). “Pyramid schemes” and “multilevel marketing” and/ or similar scams which are solely listed for the purpose of defrauding users. Spam, abusive, duplicate, listing, fraud schemes (e.g. “Get rich quick” “work at homes” scams which are solely listed for the purpose of duping users) Endangered animal species or animals advertised for fighting or offensive purposes. Loans, funding services, & financing companies that are not licensed. Listings for maid or maid’s waiver unless its locally licensed offices or Companies. Listings or ads with “residence permit transfer”. Drones & their accessories unless its legal in the country its listed by official authorities.
6. PAID POSTINGS Ads4east may charge a fee to post Content in some areas of the Service. The fee permits certain Content to be posted in a designated area of the Platform. Each party posting Content to the Platform or/and Service is responsible for said Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms.
7. NOTIFICATION OF CLAIMS OF INFRINGEMENTS OpenSooq is not liable for any infringement of copyright and/or any other intellectual property rights, arising out of materials posted on or transmitted through the Platform, or items advertised on the Platform, by end users or any other third parties. If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification Ads4east to together with a request to Ads4east to delete the relevant Content in good faith. Ads4east’s cooperation shall not be considered in any manner whatsoever an acknowledgment of its responsibility and/or liability in whole or in part for any such infringement The notification and the request must contain the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site; identification of the Content (by means of data or communication link, Post ID, listing ID etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Ads4east to locate the material; information reasonably sufficient to permit Ads4east to contact you, such as an address, telephone number, and, if available, an electronic mail address; a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law; a signed statement that the intellectual property-owner holds Ads4east harmless from any claim of any third party in connection with the removing by OpenSooqof the relevant content; and signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications must be sent to Ads4east via the Help Center or the Contact Us section.
8. NO SPAM POLICY This Section has important legal consequences for you. In this section you take on risk, responsibilities and liability. This may result in you being punished under applicable criminal laws, and/or you becoming financially liable to Ads4east and/or other persons for additional amounts. You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Ads4east users or email addresses or through Ads4east computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time Ads4east may monitor usage using human monitors or automated software to flag certain words associated with spam or scams in that are sent between one user to another in the Ads4east ’s systems, Services and Platforms be it public or private. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of computer systems is a violation of these Terms and certain applicable laws, in particular and without limitation to the cybercrimes legislation of any applicable law. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the cybercrimes legislation carries significant penalties including imprisonment. In case you intend to solicit or contact our users by obtaining any of their information, email or phone numbers from our Platform, we may report this behavior to the relevant authorities, who then may decide to prosecute you under the relevant country’s laws.
9. LIMITATION AND TERMINATION OF SERVICE This Section has important legal consequences for you. In this Section: – the legal responsibilities and liability of are limited or excluded; – the rights or remedies you may have against are limited or excluded; and – you take on risk, responsibilities and liability. Ads4east may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, chat messages, or other Content that may be transmitted or stored by the Service publicly or privately, and the frequency with which you may access the Service or the Platform. As far as the law allows, Ads4east has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. Ads4east reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Ads4east shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Ads4east , in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, disable or stop any VAS or OP, and remove and discard any Content within the Service, for any reason or no reason at all. Further, as far as the law allows, you agree that Ads4east shall not be liable to you or any third-party for any termination of your access to the Platform or the Services.
10. ABILITY TO ACCEPT TERMS OF SERVICE This Platform is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors are only allowed to access the Platform and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, agreements, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are a minor and want to contact us, you may only do so through your parent or legal guardian.
11. ASSIGNMENT These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ads4east without restriction. Any assignment or transfer by you shall be null and void.
12. DISCLAIMER OF WARRANTIES In this Section: – the legal responsibilities and liability of Ads4east are limited or excluded; – the rights or remedies you may have against Ads4east are limited or excluded; and – you take on risk, responsibilities and liability. There are things that may go wrong when using the Platform and/or the Service, including what is listed in this Section. Ads4east is not responsible or liable for anything that goes wrong, including without limitation to what is listed in this Section. You use the Platform and the Service knowing and accepting that these things can go wrong and that there are risks. AS FAR AS THE LAW ALLOWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED 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 Ads4east, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. MAKES NO Ads4east WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY THIRD PARTY PLATFORMS LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. DOES NOT Ads4east WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED PLATFORM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Ads4east WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AS FAR AS THE LAW ALLOWS, IN NO EVENT SHALL Ads4east , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Ads4east HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE, (iv) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (v) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (vi) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (vii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (viii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, (ix) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (x) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE Ads4east SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. AS FAR AS THE LAW ALLOWS, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Ads4east SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Ads4east MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAW.