Terms of Use & Privacy Policy
Last Updated Date: October 22, 2022
Welcome to Baladiyati! "Baladiyati" is an online service that allows
users to create, view and follow visual collections (the "Services")
through our application for mobile devices (the "Application").
Please read carefully the following terms and conditions ("Terms")
and our Privacy Policy. These Terms govern your access to and use of the Site,
Application and Services and all Site Content (defined below), and constitute a
binding legal agreement between you and Baladiyati.
Key Terms related to Content
"Content" means text, graphics, images, music, software, audio,
video, information or other materials.
"Baladiyati Content" means all Content that Baladiyati makes
available through the Site, Application or Service, including any Content
licensed from a third party, but excluding Member Content.
"User" means a person that completes Baladiyati account registration
process, as described under "Account Registration" below.
"User Content" means all Content that a User posts, uploads,
publishes, submits or transmits to be made available through the Site,
Application or Services.
"Site Content" means User Content and Baladiyati Content.
Certain areas of the Site and Application (and your access to or use of certain
Services or Site Content) may have different terms and conditions posted or may
require you to agree with and accept additional terms and conditions. If there
is a conflict between these Terms and terms and conditions posted for a
specific area of the Site, Application, Services, Site Content, the latter
terms and conditions will take precedence with respect to your use of or access
to that area of the Site, Application, Services or Site Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR
SERVICES OR BY POSTING ANY USER CONTENT ON THE SITE, APPLICATION OR THROUGH THE
SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE
BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND
APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO
ACCESS OR USE THE SITE, APPLICATION, SERVICES OR SITE CONTENT. If you accept or
agree to these Terms on behalf of a company or other legal entity, you
represent and warrant that you have the authority to bind that company or other
legal entity to these Terms and, in such event, "you" and
"your" will refer and apply to that company or other legal
entity.
Modification
Baladiyati or the registered Municipalities reserves the right, at its sole
discretion, to modify, discontinue or terminate the Site, Application or
Services or to modify these Terms, at any time and without prior notice. If we
modify these Terms, we will post the modification on the Site or through the
Application or provide you with notice of the modification. We will also update
the "Last Updated Date" at the top of these Terms. By continuing to
access or use the Site, Application or Services after we have posted a
modification on the Site or via the Application or have provided you with
notice of a modification, you are indicating that you agree to be bound by the
modified Terms. If the modified Terms are not acceptable to you, your only
recourse is to cease using the Site, Application and the Services.
Account Registration
In order to access certain features of the Site, Application and Services and
to post any User Content on the Site, Application or through the Services, you
must register to create an account ("Account"). You must register
with Baladiyati by creating an account. When you register through your account,
you will be asked to login to the Services using your account credentials. By
creating an Account, you are allowing Baladiyati to access your account
information.
You agree to provide accurate, current and complete information during the
registration process and to update such information to keep it accurate,
current and complete. Baladiyati reserves the right to suspend or terminate
your Account if any information provided during the registration process or
thereafter proves to be inaccurate, not current or incomplete. You are responsible
for safeguarding your password. You agree not to disclose your password to any
third party and to take sole responsibility for any activities or actions under
your Account, whether or not you have authorized such activities or actions.
You will immediately notify Baladiyati of any unauthorized use of your
Account.
Ownership
The Site, Application, Services and Site Content are protected by copyright, trademark,
and other laws of Lebanon. Except as expressly provided in these Terms, Baladiyati
and its licensors exclusively own all right, title and interest in and to the
Site, Application, Services and Site Content, including all associated
intellectual property rights. You will not remove, alter or obscure any
copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Site, Application, Services or Site
Content.
Baladiyati Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Baladiyati
grants you a limited, non-exclusive, non-transferable license, without the
right to sublicense, to access, view, download and print any Baladiyati Content
solely for your personal and non-commercial purposes. You will not use, copy,
adapt, modify, prepare derivative works based upon, distribute, license, sell,
transfer, publicly display, publicly perform, transmit, stream, broadcast or
otherwise exploit the Site, Application, Services, or Site Content except as
expressly permitted in these Terms. No licenses or rights are granted to you by
implication or otherwise under any intellectual property rights owned or
controlled by Baladiyati or its licensors, except for the licenses and rights
expressly granted in these Terms.
User Content
We may, in our sole discretion, permit Users to post, upload, publish, submit
or transmit Member Content. By making available any User Content through the
Site, Application or Services, you hereby grant to Baladiyati a worldwide,
irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with
the right to sublicense, to use, copy, adapt, modify, distribute, license,
sell, transfer, publicly display, publicly perform, transmit, stream,
broadcast, access, view, and otherwise exploit such User Content only on,
through or by means of the Site, Application or Services. Baladiyati does not
claim any ownership rights in any such User Content and nothing in these Terms
will be deemed to restrict any rights that you may have to use and exploit any
such User Content.
You acknowledge and agree that you are solely responsible for all User Content
that you make available through the Site, Application and Services.
Accordingly, you represent and warrant that: (i) you either are the sole and
exclusive owner of all User Content that you make available through the Site,
Application and Services or you have all rights, licenses, consents and
releases that are necessary to grant to Baladiyati the rights in such User
Content, as contemplated under these Terms; and (ii) neither the User Content
nor your posting, uploading, publication, submission or transmittal of the User
Content or Baladiyati' use of the User Content (or any portion thereof) on,
through or by means of the Site, Application and the Services will infringe,
misappropriate or violate a third party's patent, copyright, trademark, trade
secret, moral rights or other proprietary or intellectual property rights, or
rights of publicity or privacy, or result in the violation of any applicable
law or regulation.
General Prohibitions
You agree not to do any of the following:
* Post, upload, publish, submit, provide access
to or transmit any Content that: (i) infringes, misappropriates or violates a
third party's patent, copyright, trademark, trade secret, moral rights or other
intellectual property rights, or rights of publicity or privacy; (ii) violates,
or encourages any conduct that would violate, any applicable law or regulation
or would give rise to civil liability; (iii) is fraudulent, false, misleading
or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm
against any individual or group; (vi) is violent or threatening or promotes
violence or actions that are threatening to any other person; or (vii) promotes
illegal or harmful activities or substances.
* Use, display, mirror or frame the Site or
Application, or any individual element within the Site or Application, the Baladiyati
name, any Baladiyati trademark, logo or other proprietary information, or the
layout and design of any page or form contained on a page, without our express
written consent;
* Access, tamper with, or use non-public areas
of the Site or Application, our computer systems, or the technical delivery
systems of our providers;
* Attempt to probe, scan, or test the
vulnerability of any Baladiyati system or network or breach any security or
authentication measures;
* Avoid, bypass, remove, deactivate, impair,
descramble or otherwise circumvent any technological measure implemented by Baladiyati
or any of our providers or any other third party (including another user) to
protect the Site, Application or Site Content;
* Attempt to access or search the Site,
Application, Site Content or download Site Content from the Site or Application
through the use of any engine, software, tool, agent, device or mechanism
(including spiders, robots, crawlers, data mining tools or the like) other than
the software and/or search agents provided by Baladiyati or other generally
available third party web browsers;
* Send any unsolicited or unauthorized
advertising, promotional materials, email, junk mail, spam, chain letters or
other form of solicitation;
* Use any meta tags or other hidden text or
metadata utilizing a Baladiyati or Baladiyati trademark, logo URL or product
name without Baladiyati' express written consent;
* Use the Site, Application or Site Content for
any commercial purpose or the benefit of any third party or in any manner not
permitted by these Terms;
* Forge any TCP/IP packet header or any part
of the header information in any email or newsgroup posting, or in any way use
the Site, Application, or Site Content to send altered, deceptive or false
source-identifying information;
* Attempt to decipher, decompile, disassemble
or reverse engineer any of the software used to provide the Site, Application
or Site Content.
* Interfere with, or attempt to interfere with,
the access of any user, host or network, including, without limitation, sending
a virus, overloading, flooding, spamming, or mail-bombing the Site or
Application;
* Collect or store any personally identifiable
information from the Site or Application from other users of the Site or
Application without their express permission;
* Impersonate or misrepresent your affiliation
with any person or entity;
* Violate any applicable law or regulation; or
* Encourage or enable any other individual to
do any of the foregoing.
Baladiyati will have the right to
investigate and prosecute violations of any of the above to the fullest extent
of the law. Baladiyati may involve and cooperate with law enforcement
authorities in prosecuting users who violate these Terms. You acknowledge that Baladiyati
has no obligation to monitor your access to or use of the Site, Application,
Services or Site Content or to review or edit any Site Content, but has the
right to do so for the purpose of operating the Site, Application and Services,
to ensure your compliance with these Terms, or to comply with applicable law or
the order or requirement of a court, administrative agency or other
governmental body. Baladiyati reserves the right, at any time and without prior
notice, to remove or disable access to any Site Content that Baladiyati, at its
sole discretion, considers to be objectionable for any reason, in violation of
these Terms or otherwise harmful to the Site, Application or Services.
Links
The Site and Application may contain links to third-party websites or
resources. You acknowledge and agree that Baladiyati is not responsible or
liable for: (i) the availability or accuracy of such websites or resources; or
(ii) the content, products, or services on or available from such websites or
resources. Links to such websites or resources do not imply any endorsement by Baladiyati
of such websites or resources or the content, products, or services available
from such websites or resources. You acknowledge sole responsibility for and
assume all risk arising from your use of any such websites or resources.
Disclaimers
THE SITE, APPLICATION, SERVICES AND SITE CONTENT ARE PROVIDED "AS
IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
LIMITING THE FOREGOING, BALADIYATI EXPLICITLY DISCLAIMS ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR
NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE
OF TRADE. BALADIYATI MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES OR
SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,
SECURE, OR ERROR-FREE BASIS. BALADIYATI MAKES NO WARRANTY REGARDING THE QUALITY
OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATION
OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR
RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR
SERVICES.
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BALADIYATI OR
THROUGH THE SITE, SERVICES, CONTENT OR MEMBER CONTENT, WILL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH
OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH
WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE,
APPLICATION OR SERVICES. YOU UNDERSTAND THAT BALADIYATI DOES NOT SCREEN OR
INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, APPLICATION OR SERVICES,
NOR DOES BALADIYATI MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE
SITE, APPLICATION OR SERVICES. BALADIYATI MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION, OR SERVICES OR
THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION
OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND
INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH
OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF
THE SITE, APPLICATION OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE
OR IN PERSON.
Indemnity
You agree to defend, indemnify, and hold Baladiyati, its officers, directors,
employees and agents, harmless from and against any claims, liabilities,
damages, losses, and expenses, including, without limitation, reasonable legal
and accounting fees, arising out of or in any way connected with (i) your
access to or use of the Site, Application, Services or Site Content, (ii) your User
Content, or (iii) your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION,
SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER BALADIYATI NOR ANY OTHER
PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION,
SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF
GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST
OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY
INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS
OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, SITE CONTENT
, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE
SITE, APPLICATION OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR
INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BALADIYATI HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary
designations of Baladiyati used herein are trademarks or registered trademarks
of Baladiyati. Any other trademarks, service marks, logos, trade names and any
other proprietary designations are the trademarks or registered trademarks of
their respective parties.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement
between Baladiyati and you regarding the Site, Application, Services, Site
Content, and Member Content and these Terms supersede and replace any and all
prior oral or written understandings or agreements between Baladiyati and you
regarding the Site, Application, Services and Content.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise,
without Baladiyati' prior written consent. Any attempt by you to assign or
transfer these Terms, without such consent, will be null and of no effect. Baladiyati
may assign or transfer these Terms, at its sole discretion, without
restriction. Subject to the foregoing, these Terms will bind and inure to the
benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including
those regarding modifications to these Terms, will be in writing and given by Baladiyati
(i) via email (in each case to the address that you provide) or (ii) by posting
to the Site or via the Application. For notices made by e-mail, the date of
receipt will be deemed the date on which such notice is transmitted.
General
The failure of Baladiyati to enforce any right or provision of these Terms will
not constitute a waiver of future enforcement of that right or provision. The
waiver of any such right or provision will be effective only if in writing and
signed by a duly authorized representative of Baladiyati. Except as expressly
set forth in these Terms, the exercise by either party of any of its remedies
under these Terms will be without prejudice to its other remedies under these
Terms or otherwise. If for any reason a court of competent jurisdiction finds
any provision of these Terms invalid or unenforceable, that provision will be
enforced to the maximum extent permissible and the other provisions of these
Terms will remain in full force and effect.
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