Effective Date: September 04, 2017
Acceptance of these Terms of Service
IMPORTANT: The terms and conditions set forth in this Terms of Service Agreement (hereinafter referred to as “T&C”, “Agreement”, ”Terms”, "Terms and Conditions”, ”Terms of Service”), govern Your access to and Use of the Service (as defined below), including any content, functionality and services offered on or through the Service, by MagnoAPPS WLL (hereinafter referred to as “MagnoAPPS”, the “Company,” “We,” “Ourselves”, “Us,” or “Our”). The following terminology applies to the Terms and Conditions of this Agreement:
The Company’s Service which can be accessed through any of Our affiliated mobile device applications (“App”) and/or through Our Website (“Website”) at www.efii.co, is hereinafter collectively referred to as the “Service” or “Efii”;
"User", “You” and “Your” refers to You, the person accessing and/or Using the Service.
Any Use of the above terminology or other words in the singular, plural, capitalizations and/or he/she or they, are taken as interchangeable and therefore as referring to same.
You acknowledge and agree that We reserve the right to suspend, expel, or terminate Your further Use of the Service if You violate this Agreement, or for any reason, at any time, at Our sole discretion. We may scan and block User-to-User messages or communications sent through Our Service at any time, at Our sole discretion, to prevent fraud or violations of Our Terms, or for any reason.
We reserve the right to amend and/or modify this Agreement at any time, at Our sole discretion, and without notice, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review this Agreement periodically to be aware of such modifications and Your continued Use of the Service after any such changes constitutes Your acceptance of the new Terms and Your agreement to be bound by them. If You do not agree to be bound by ALL of the Terms and Conditions set forth in this Agreement, or any future modifications to the Terms of Service, You may not continue to Use Our Service. Your access to and Use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, Users and others who access or Use the Service.
1. Description of the Service and this Agreement
1.1 The Service is a marketplace where Users can search for, request, offer, list, buy, sell, advertise, and/or share freelance services. The Service allows Users to publish posts on the Service in which Users can request for services to be performed, or offer to perform services. These posts are made publicly available to be viewed by other users of the Service. The Service allows registered Users to communicate with other Users regarding the details of a service made available and published on the Service, and/or regarding the details of a potential dealing, agreement, or transaction between them. The Company’s sole involvement in such communications, dealings, agreements, or transactions between Users is to provide a platform where Users can search for, request, offer, list, buy, sell, advertise, and/or share freelancer services published on the Service, and to communicate regarding such services and potential dealings. Any agreement between Users made within the Service constitutes an agreement directly between the applicable Users for the provision of the stated service(s) at the stated and agreed upon price and subject to such other terms as may be agreed to between the respective Users within the Service as part of their corresponding agreement. You expressly acknowledge, agree, and understand that:
(a) the Service is merely a venue where Users may act as Clients and/or Freelancers;
(b) the Company is not a party to any such dealing, agreement, or transaction between Users;
(c) You are not an employee of MagnoAPPS, and MagnoAPPS does not, in any way, supervise, direct, or control the freelancer or freelancer services;
(d) MagnoAPPS will not have any liability or obligations under or related to dealings, agreements, contracts, or transactions for any acts or omissions by You or other Users;
(e) MagnoAPPS has no control over Users or the services offered or rendered by Users;
(f) MagnoAPPS makes no representations as to the reliability, capability, or qualifications of any Freelancer or the quality, security, or legality of any freelancer services, and MagnoAPPS disclaims any and all liability relating thereto;
(g) You use the Service at Your sole risk and responsibility; and
(h) The Service is available for general public Use, and the Company does not (and is not obligated to) screen in any manner any Service Users.
1.2 These Terms and Conditions shall govern Your Use of Our Service. By Using the Service, You accept these Terms and Conditions in full; accordingly, if You disagree with these terms and conditions or any part of these terms and conditions, You must not use Our Service.
1.3 You must be at least  years of age to Use the Service; by Using Our Service or agreeing to these Terms and Conditions, You warrant and represent to Us that You are at least  years of age.
1.4 In addition to the terms and conditions set forth in this Agreement, You agree and acknowledge that Your Use of the Service may be subject to additional terms and conditions of the device manufacturer, provider or carrier for the Mobile Device on which You download, access or Use the Service, which are not governed by this Agreement.
1.5 In addition, when Using particular functionalities and features that are part of the Service, You may be subject to additional guidelines, terms, or rules applicable to such functionalities and features (“Additional Terms”), which may be posted from time to time and are hereby incorporated by reference into this Agreement. To the extent additional functionalities and features are provided to Us by any of Our partners, the additional terms that govern Your Use of such functionalities and features are not incorporated into this Agreement, but shall govern Your Use of such functionalities and features and You hereby agree to comply with and be bound by such terms as a condition to Your access and Use of such functionalities and features.
1.6 This Agreement shall govern any corrections, bug fixes, enhancements, updates or other modifications to the Service (collectively, “Upgrades”) provided by Us, except to the extent such Upgrades are accompanied by a separate license in which case the terms of such license will govern.
2. Dealings and Transactions
2.1 Your interactions with other Users in connection with the Service or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such interactions, transactions, agreements and/or dealings, are solely between You and the respective party. You agree that the Company will not be responsible or liable for any loss or damage incurred as the result of any such interactions, transactions, agreements and/or dealings.
2.2 The Company shall not be liable for Your interactions with any organizations and/or individuals through the Service. If there is a dispute between You and any third party (including, without limitation, any User), the Company is under no obligation to become involved; however, We reserve the right, but have no obligation, to monitor disputes between You and other Users. You hereby release the Company, its affiliates, employees, directors, contractors, officers, agents, third-party partners, service providers and licensors, and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.
2.3 You acknowledge that all dealings, transactions, and/or agreements You enter into in connection with the Service are solely between You and the other applicable/respective Service User and the Company is not a party to such dealings, transactions, or agreements. As a result, and as discussed in more detail in this Agreement, You hereby acknowledge and agree that the Company is not a party to such transactions, dealings, or agreements, 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 dealings, transactions, or agreements.
2.4 You acknowledge that the Use of the Service is available for general public use, and the Company does not (and is not obligated to) investigate or screen in any manner any Service Users. You are solely responsible for investigating the credentials, experience, qualifications and skillset of any User with whom You may communicate with and/or have a potential dealing, transaction or agreement with, through the Service. You acknowledge and agree that You are solely responsible and assume all liability for determining whether a freelancer or a User with whom You may communicate with and/or enter a transaction, dealing, or agreement with, provides a service independently or as an employee and engage with them accordingly; MagnoAPPS disclaims any liability for such determination or the related Engagement. You acknowledge that the Company:
(a) does not inspect or examine the performance of any services published or advertised on the Service;
(b) does not guarantee that services published or advertised on the Service will be performed as described, or meet Your needs, demands, or expectations;
(c) does not guarantee that services will comply or conform with any provided descriptions, explanations or advertisements of services made available and/or published on the Service;
(d) does not guarantee that services will be identical or similar in appearance, description, or portrayal to any provided images, content, suggestions, or statements by other Users;
(e) does not (and is not obligated to) screen or investigate Users in any manner, including with relation to any of their skills, experience, qualifications, or credentials;
(f) makes no warranties that a User has the necessary experience, skills, qualifications, requirements, or the right to perform any services;
(g) makes no warranties that a User will complete, conclude, or commit to any agreement, dealing, and/or transaction to its completion; and
(h) makes no warranties regarding the safety, existence, adequacy, quality, merchantability or fitness for a particular purpose of any services published or advertised the Service.
(i) You further acknowledge that the Company cannot and does not guarantee a User will pay amounts owed for any dealing, transaction, agreement, or contract.
2.5 You are solely responsible for determining Your legal obligations in relation to any services You may offer, request, sell or purchase and/or any dealing, contract, agreement or transaction You may enter into, including as may relate to taxes, insurance or licensing and credentialing requirements. The Company does not provide legal advice.
2.6 Although the Company does not monitor the conduct of Our Users, We do desire for Our Service Users to have a good and pleasant experience while Using the Service. As such, when You Use the Service to publish or advertise an offer for a service, You agree to:
(a) ensure that all the information You submit or supply to the Service, or in relation to the Service, including information related to Your skills, qualifications, credentials or experience, is described precisely and is true, accurate, current, complete and non-misleading. You also agree not make any false, untrue, misleading or fake statements with respect to any of the foregoing;
(b) use Your best efforts to complete all of Your obligations under the corresponding agreement between You and the applicable User, and perform the stated services in a professional, timely, and workmanlike manner.
When You Use the Service to publish or advertise a request for a service, You agree to:
(a) promptly make payment and/or release any due amount for the service provided by the applicable User in accordance with the payment schedule agreed upon under the respective agreement between You and the applicable User;
(b) respect the privacy, availability, and time of the other User with whom You may communicate with or enter an agreement, dealing or transaction with, through the Service.
2.7 The Terms of Service do not create a partnership or agency relationship between Users. Users do not have authority to enter into written or oral (whether implied or express) contracts, dealings, agreements or transaction on behalf of MagnoAPPS.
2.8 All Users must abide by the Community Guidelines promulgated by the Company and available at http://www.efii.co/Community as well as within the Service itself. Without limiting the Company’s other rights to terminate this Agreement or Your Use of the Service, You acknowledge that the Company may terminate Your Use of the Service and this Agreement in the event that the Company determines (in its sole discretion) that You have breached any portion of this Section 2.
3. Copyright Notice
3.1 Copyright (c) 2017 MagnoAPPS WLL (With Limited Liability).
3.2 Subject to the express provisions of these terms and conditions:
(a) We, together with Our licensors, own and control all the copyright and other intellectual property rights in Our Service and the material on Our Service; and
(b) all the copyright and other intellectual property rights in the Service and the material on Our Service are reserved.
4. License to Use
4.1 Subject to Your compliance with ALL the terms and conditions set forth in this Agreement, the Company hereby grants to You a limited, terminable, nonexclusive, nontransferable, nonsublicenseable, revocable license to Use the App and/or Service, solely for Your personal, non-commercial use in accordance this Agreement, in each case in the manner enabled by the Company.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these Terms and Conditions, You must not download any material from Our Website, App, or Service or save any such material to Your computer or personal device.
4.3 You may only use Our Service for Your own personal purposes, and You must not use Our Service for any other purposes. You may not claim to represent Us in any way for any reason whatsoever without Our prior written consent.
4.4 Except as expressly permitted by the terms and conditions set forth in this Agreement, You must not edit or otherwise modify any material on Our Service.
4.5 Unless You own or control the relevant rights in the material, You must not:
(a) republish material from Our Service (including republication on another Website or service);
(b) sell, rent or sub-license material from Our Service;
(c) exploit material from Our Service for a commercial purpose; or
(d) redistribute material from Our Service.
4.6 Notwithstanding Section 4.5, You may redistribute Our newsletter in print and electronic form to any person.
4.7 We reserve the right to restrict access to areas of Our Service, or indeed Our whole Service, at Our sole discretion; You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on Our Service.
5. License Restrictions
5.1 The Service is licensed, not sold, to You for Use in accordance with the terms of this Agreement. All rights not expressly granted to You are reserved to the Company (or its licensors or third party providers where applicable). You acknowledge that MagnoAPPS (or its licensors or third party providers where applicable) owns all rights, title and interest, including without limitation all Intellectual Property Rights, in and to the Service, portions thereof, or any information, data or material generated, collected, or provided through or in conjunction with the Service (the “Company Materials”). Except for as expressly set forth herein, You agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials. Your rights to use the Service shall be limited to those expressly granted in this Section 5. All rights not expressly granted to You are reserved by MagnoAPPS, its licensors or third party providers.
5.2 You must not:
(a) reproduce, distribute, sublicense, use for service-bureau purposes, sell, lease, or otherwise transfer the Service (or any portions thereof, or any information, data or material generated, collected, or provided through or in conjunction with the Service), to any third parties;
(b) modify, alter, improve, “hack,” or create derivative works of Our Service or Company; or
(c) reverse-engineer, decompile, disassemble, reverse-assemble, or otherwise attempt to derive or discover the source code, algorithm or programs underlying the Service, or any information, data or material generated, collected, or provided through or in conjunction with the Service.
5.3 The Company reserves the right to modify or discontinue the Service or any version(s) thereof at any time in its sole discretion, with or without notice.
6. Acceptable Use
6.1 You agree not to Use the Service to transmit or communicate any materials of a threatening or harmful nature, including threats of death or physical harm, or materials that are harassing, libelous, defamatory, or which facilitate extortion. You also agree not to use the Service to conduct or promote illegal activities.
6.2 You must not:
(a) Use the Service in any way or take any action that causes, or may cause, damage to the Service or impairment of the performance, availability or accessibility of the Service;
(b) Use the Service in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) Use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Our Service without Our express written consent;
(e) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;
(f) access or otherwise interact with Our Service Using any robot, spider or other automated means;
(g) attempt to bypass any robot exclusion measures We may put into place;
(h) use the Service in any manner that, in Our sole discretion, could damage, disable, overburden, impair or interfere with any other party’s Use of it;
(i) use the Service to offer for sale or rent, sell or rent, purchase or otherwise transfer, deal in, or dispose of illegal products or services that encourage illegal activities, contain controlled substances, offensive materials, stocks or other securities, pharmaceuticals, medical devices, firearms, weapons, explosives, hazardous materials, alcohol, tobacco products, animals, plants or seeds, or any item that has been subject to a recall or that may be unsafe when used in an ordinary manner; and
(j) Use data collected from Our Service for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
6.3 Although We cannot monitor the conduct of Our Users outside of the Service, it is also a violation of these Terms to use any information obtained from or through the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any person without their prior explicit consent. In order to protect Our Users from such activities, the Company reserves the right to restrict the number of communications (including without limitation, number of User-to-User messages, sharing of content, number of service offers or requests posted or published on the Service) which may be submitted or published in connection with the Service within any twenty-four (24) hour period (or any specific period of time We may put in place, at our sole discretion) to a number which the Company deems appropriate.
6.4 You must ensure that all the information You supply to Us through the Service, or in relation to Our Service, is true, accurate, current, complete and non-misleading.
6.5 The Service allows for Users to upload content that may be publicly viewed by other Users. As further described in Section 10.4, inappropriate content, including without limitation content that is obscene, pornographic or defamatory, is not allowed and is subject to removal. If You see any prohibited content within the Service, please use the “report” feature to notify the Company. Users who upload prohibited content may have their accounts terminated.
6.6 Violations of any of the terms of this Agreement may be investigated by the Company and, where appropriate, the Company may either institute legal action, or cooperate with law enforcement authorities in bringing legal proceedings, against Users who violate this Agreement.
6.7 You may not Use Our Service to 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 Our Service in a way that constitutes copyright infringement, please Contact Us with the following information: a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on the Service; Your address, telephone number, and email address; a written statement by You that You have a good faith 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 owner’s behalf. Please note that You may be liable for damages, including court costs and attorneys fees, if You misrepresent that content uploaded by a User is infringing Your copyright.
6.8 You agree that We may enforce this Agreement to the fullest extent permitted by law. You hereby agree not to Use the Service in any manner that is unlawful or violates this Agreement. Any illegal activities undertaken in connection with the Service may be referred to the authorities.
7. Registration and Accounts
7.2 You must not allow any other person to Use Your account to access the Service. You are solely responsible for ensuring that Your login information is kept confidential to ensure that no other person can gain unauthorized access to Your account or the Services. You are fully responsible for any activities related to Your account made by any person in possession of Your login information.
7.3 You must immediately notify Us if You believe that Your login information may have been compromised or becomes known to any other party. You must immediately notify Us if You become aware of any unauthorized use of Your account.
7.4 You must not use any other person's account to access the Service, unless You have that person's express permission to do so.
7.5 Your User ID must not be liable to mislead and must comply with the content rules set out in Section 10; You must not use Your account or User ID for or in connection with the impersonation of any person. In addition, You agree not to use false or misleading information in connection with Your account, and acknowledge that We reserve the right to disable any User account which We believe or suspect (in Our sole discretion) contains false or misleading information (including, without limitation, a profile that impersonates a third party).
7.6 You must keep Your password confidential.
7.7 You must notify Us in writing immediately if You become aware of any disclosure of Your password.
7.8 You are responsible for any activity on Our Service arising out of any failure to keep Your password confidential, and may be held liable for any losses arising out of such a failure.
8. Suspension and Termination
8.1 We may:
(a) suspend Your account;
(b) cancel or permanently terminate Your account; and/or
at any time, in Our sole discretion, without notice or explanation.
8.2 You may terminate this Agreement at any time, for any reason or for no reason, by deleting Your Service account by contacting Us at firstname.lastname@example.org. Note that deleting the App from Your device will not terminate Your Service account.
8.3 You agree that the Company, in its sole discretion and for any or no reason, may terminate this Agreement, Your account or Your Use of the Service, at any time and without notice. You acknowledge and agree that, upon termination, We may immediately deactivate or disable Your Use of or access to the Service and delete all related information, Content, emails, files and other data related to such use or access and may bar any further access to such files or the Service. Upon termination, You agree to remove Efii and/or the Efii App in its entirety from Your Mobile Device, and You will not re-join or attempt to re-join or use the Service.
8.4 The Company may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that the Company shall not be liable to You or any third-party for any termination of Your use of or access to the Service or any deletion of Your Service account and/or Content or information hereunder.
8.5 Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 21.
9. Content: License
9.1 In these terms and conditions, Your “Content" refers to all works and materials (including without limitation text, graphics, images, User-to-User communications or messages, profile material, files, offerings, comments, User postings, audio material, video material, audio-visual material, scripts, software and files) that You submit to Us or the Service for storage or publication on, processing by, or transmission via, the Service or in connection with the Service. You understand and agree that Your Content (excluding User-to-User communications and/or messages) may be publicly viewed by other Users of the Service.
9.2 You are solely responsible for the Content that You post on or through the Service, or transmit to other Users or third parties. By posting Content to any area of the Service, You automatically grant, and You represent and warrant that You have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, perpetual, sublicenseable, transferable, royalty-free and fully paid, worldwide license to reproduce, store, adapt, translate, transmit, distribute, perform, publicly display, and otherwise Use Your Content and to prepare derivative works of, or incorporate into other works including without limitation, in any existing or future media formats or channels on and in relation to the Service, such Content, and to grant and authorize sublicenses of the foregoing.
9.3 You grant to Us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to Us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all Your moral rights in Your content to the maximum extent permitted by applicable law; and You warrant and represent that all other moral rights in Your content have been waived to the maximum extent permitted by applicable law.
9.6 You hereby grant to each User of the Service a non-exclusive license to access and view Your Content as permitted by the functionality of the Service and this Agreement.
9.7 The Company reserves the right to disclose all content that You upload, post, transmit or otherwise make available via the Service (whether or not directed to the Service) if required to do so by law or in the good faith belief that such disclosure is necessary or appropriate to conform to the law or comply with legal process served on the Service, to protect and defend the rights or property of the Service, the Company or Our Users, whether or not required to do so by law, or to protect the personal safety of Our Users or the public.
9.8 Without prejudice to Our other rights under these Terms and Conditions, if You breach any provision of these Terms and Conditions in any way, or if We reasonably suspect that You have breached these Terms and Conditions in any way, We may delete, un-publish or edit any or all of Your content.
10. Content: Rules
10.1 You warrant and represent that Your content will comply with these terms and conditions.
10.2 You understand and agree that the Company may (but is not obligated to) review any Content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like that is uploaded, published or displayed (hereinafter, “post” or “posted”) on or through the Service and delete or refuse to take online any such Content, including without limitation any Content that in the sole judgment of the Company violates this Agreement or the Community Guidelines or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Users or third parties. You agree You are responsible for all of Content activities that occur under Your User account.
10.3 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.4 Your Content, and the use of Your Content by Us in accordance with the terms and conditions of this Agreement, must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic, gratuitous or any manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive (including, without limitation, offensive language), defamatory, obscene, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, racially or ethnically offensive, discriminatory or inflammatory;
(r) cause annoyance, inconvenience or needless anxiety to any person; or
(s) constitute any form of encouragement to behavior or conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate.
10.5 You hereby agree that You will not use (or post) material or Content on the Service that is subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein.
10.6 You represent and warrant that You have the right to post the Content and You will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any laws or any third party rights (including, without limitation, any intellectual property rights).
10.7 You hereby agree that You will not use the Service to post advertisements or marketing content or solicitations of business, or any content of a commercial nature.
10.8 You understand that all Content is provided to You through the Service only on an “as-available” basis and the Company does not guarantee that the availability of Content will be uninterrupted or bug free.
10.9 The Company reserve the right to retrieve and review chats and/or other communications between all Users in connection with the Service. As a normal course of business, We do not review chats, but if We have reason to suspect or learn that anyone is violating the Terms and Conditions of this Agreement, We may investigate and/or take legal action as necessary. Additionally, We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
10.10 The Company reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this Agreement, including without limitation, removing the offending Content from the Service and terminating the license for the Service of such violators.
10.11 You hereby acknowledge that You may be exposed to Content from other Users that is inaccurate, offensive, obscene, indecent, or objectionable when Using the Service, and further acknowledge that the Company does not control the Content posted by other Users and does not have any obligation to monitor such content for any purpose.
11. Limited Warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on Our Service;
(b) that the material or Content on Our Service is up to date; or
(c) that the Service or any service on published on Efii will remain available.
11.2 We reserve the right to discontinue or alter any or all of Our Services, and to stop publishing Our Service, at any time in Our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this Agreement, You will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Service, or if We stop publishing the Service.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, We exclude all representations and warranties relating to the subject matter of these terms and conditions, Our Service and the Use of Our Service.
11.4 You EXPRESSLY ACKNOWLEDGE AND AGREE THAT Use OF THE SERVICE IS ENTIRELY AT Your OWN RISK AND THAT THE WeBSITE 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, MAGNOAPPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND WeBSITE AND Your Use THEREOF. MAGNOAPPS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY THIRD PARTIES LINKED TO THE SERVICE 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 SERVICE,
(III) UNAUTHORIZED ACCESS TO OR Use OF Our SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE,
(V) BUGS, VIRUseS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR
(VI) 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 SERVICE.
(I) ANY ASPECT OF Your Use OF THE WeBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM Use OR MISuse OF THE WeBSITE OR THE SERVICE;
(II) THE INABILITY TO Use THE WeBSITE OR THE SERVICE;
(III) THE INTERRUPTION, SusPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WeBSITE OR THE SERVICE;
(IV) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIAL UPLOADED, PUBLISHED, POSTED, ADVERTISED OR DISPLAYED ON THE SERVICE OR THE WeBSITE;
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL UPLOADED, PUBLISHED, POSTED, ADVERTISED OR DISPLAYED ON THE SERVICE OR THE WeBSITE;
(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 SERVICE;
(VIII) ANY BUGS, VIRUseS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY.
12. Limitations and Exclusions of Liability
12.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 IN NO EVENT SHALL MAGNOAPPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MAGNOAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF Your Use OF THE WeBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM Use OR MISuse OF THE WeBSITE OR THE SERVICE, FROM INABILITY TO Use THE WeBSITE OR THE SERVICE, OR THE INTERRUPTION, SusPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WeBSITE 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 WeBSITE OR THE SERVICE OR ANY LINKS ON THE SERVICE, AS WeLL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WeBSITE OR THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. You SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MAGNOAPPS 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.
12.4 We will not be liable to You in respect of any losses resulting from Your access to, or Use or inability to Use the Service (including as a result of an outage of any third-party service or the wireless network provided by Your wireless network operator), or with respect to information, services, content, or advertisements contained on or otherwise accessed through the Service. We will not be liable to You in respect of any losses arising out of any event or events beyond Our reasonable control.
12.5 We will not be liable to You in respect of any business or other pecuniary losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to You in respect of any loss or corruption of any data, database or software.
12.7 You accept that We have an interest in limiting the personal liability of Our officers and employees and, having regard to that interest, You acknowledge that We are a limited liability entity; You agree that You will not bring any claim personally against Our officers or employees in respect of any losses You suffer in connection with the Service or these Terms and Conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of Our officers and employees).
12.8 Without limiting Sections 11 or 12, and to the extent permitted under applicable laws, You hereby acknowledge, understand and agree that MagnoAPPS is not liable, and You agree not to hold Us responsible, for any damages or losses arising out of or in connection with the Service, and You hereby release the Company from any liability related (but not limited) to:
(a) Your Use of or Your inability to Use Our Website and/or Service;
(b) the conduct, whether online or offline, of any User of the Service;
(c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Content players on account of technical problems or traffic congestion on the Internet or at any sites, or combination thereof, including injury or damage to User’s or to any other person’s computer or other mobile device related to or resulting from participating or downloading materials in connection with the Service;
(d) any loss or damage caused by Content posted on or through the Service or transmitted by and to Users, or any interactions between Users of the Service, whether online or offline;
(e) 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 communications in connection with the Service;
(f) Your need to modify practices, content, or behavior or Your loss of or inability to do business, as a result of changes to the Terms of Service;
(g) damage to Your hardware device from the Use of the Website and/or Service;
(h) glitches, bugs, errors, or inaccuracies of any kind in Our Website and/or Service;
(i) any incorrect or inaccurate Content posted on or through the Service, whether caused by any User of the Service, or by any of the equipment or programming associated with or utilized in the Service;
(j) suspension or other action taken with respect to Your account;
(k) viruses or other malicious software obtained by accessing, or linking to, Our Website and/or Service;
(l) the content, actions, or inactions of third parties’ Use of the Website and/or Service; and/or
(m) delays or disruptions in Our Website and/or Service;
12.9 In no event will the Company or its affiliates, employees, directors, contractors, officers, agents or third-party partners, service providers or licensors be liable to You in connection with the Service for any damages or losses in excess of Ten U.S. Dollars (U.S. $10.00).
13. Breaches of these Terms and Conditions
13.1 Without prejudice to Our other rights under these terms and conditions, if You breach these Terms and Conditions in any way, or if We reasonably suspect that You have breached these Terms and Conditions or our Community Guidelines in any way, We may:
(a) send You one or more formal warnings;
(b) temporarily suspend Your access to the Service;
(c) permanently prohibit You from accessing the Service;
(d) block devices Using Your IP address from accessing the Service;
(e) contact any or all of Your internet service providers and request that they block Your access to Our Service;
(f) commence legal action against You, whether for breach of contract or otherwise; and/or
(g) suspend or delete Your account on Our Service.
13.2 Where We suspend or prohibit or block Your access to Our Service or a part of Our Service, You must not take any action to circumvent such suspension or prohibition or blocking, including without limitation, creating and/or Using a different account.
13.3 If You see or become aware of any violations of this Agreement, please promptly report such violation to Us by flagging them for review. We take anyone that harasses Users or otherwise violates any of Our Terms very seriously.
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the Use of the Service from the date of publication of the revised Agreement on this space, and You hereby waive any right You may otherwise have to be notified of, or to consent to, revisions of these Terms and Conditions. You agree that You are responsible for regularly checking this space for any updates, amendments, or changes.
14.3 You further agree that any further Use that You make in connection with the Service after the effective date of the amended Agreement will constitute Your binding acceptance to any such amended Agreement. If You do not agree to be bound by the revised Terms and Conditions, You must stop Using the Service.
15.1 You hereby agree that We may assign, transfer, sub-contract or otherwise deal with Our rights and/or obligations under these terms and conditions.
15.2 You may not without Our prior written consent assign, transfer, sub-contract or otherwise deal with any of Your rights and/or obligations under these terms and conditions.
16.1 If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it Were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third-Party Rights
17.1 A contract under these terms and conditions is for Our benefit and Your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire Agreement
19.1 You agree to defend, indemnify and hold harmless MagnoAPPS, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys' fees), to the extent resulting from, alleged to have resulted from, or in connection with:
(a) Your violation of any provision of the terms and conditions of this Agreement;
(b) Your use or misuse of the Service;
(c) Your breach of Your obligations herein; or
(d) Your violation of any third party right, including without limitation any copyright, service mark, trademark, intellectual property, trade secret or other property, or privacy right; or
(e) any claim that Your Content caused damage to a third party.
19.2 In addition to the recognition that the Company is not a party to any dealing, transaction, agreement, or contract between Users, You hereby release MagnoAPPS, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from any and all claims, damages, obligations, demands, and losses (actual and consequential) of every kind and nature, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees), known and unknown, arising out of or in any way connected with any dispute You have with another User, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the service provided to You by another User and requests for refunds based upon disputes.
19.3 This defense and indemnification obligation will survive termination, modification or expiration of the terms and conditions of this Agreement and Your Use of the Service and the Website.
20.1 MagnoAPPS currently provides the Service for use without charge. However, the Company reserves the right, at Our sole discretion, to charge fees for future use of or access to the Service. You acknowledge that You may not be able to use the Service in the event that You do not wish to pay any such fees which may be applied.
21. Third-Party Websites and Services
22. Law and Jurisdiction
22.1 You are responsible for compliance with applicable local law. MagnoAPPS makes no representations or warranties that the service is appropriate for Use in all countries and locations. Those who access or use the Service from any jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
22.2 You acknowledge that MagnoAPPS will have the right hereunder to so seek an injunction, if necessary to stop or prevent a breach of Your obligations hereunder.
22.3 The paragraph headings in this Agreement, shown in boldface type, are included only to help make the agreement easier to read and have no binding effect.
22.4 Any delay or failure by Us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. No waiver by Us shall have effect unless such waiver is set forth in writing, signed by Us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
22.5 This Agreement, and any rights and licenses granted hereunder, is personal to You, and You may not transfer, assign or delegate this Agreement to anyone without the express written permission of MagnoAPPS. Any attempt by You to assign, transfer or delegate this Agreement without the express written permission of MagnoAPPS shall be null and void.
22.6 Any disputes relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the Kingdom of Bahrain.
23. Our details
23.1 This Service (including the Website and affiliated mobile Apps) is owned and operated by MagnoAPPS WLL.
23.2 We are registered in the Kingdom of Bahrain, and Our principal place of business is in the Kingdom of Bahrain
23.3 You can contact Us:
(a) by post, using the postal address [MagnoAPPS WLL, PO BOX 17241, Manama, Kingdom of Bahrain];
(b) Using Our Website contact form;
(c) by email, on email@example.com.