SHAREKNA TERMS AND CONDITIONS

  • Introduction
    Welcome to Sharekna. These terms and conditions (the "Conditions"), apply to the use of [www.sharekna.com] (the "Website") by you. The Website is owned and operated by [Al Bawaba Middle East Ltd.] ("Al Bawaba"). By accessing the Website, you agree to be bound by these Conditions. The Website is provided for the benefit of persons who are of such an age that they are lawfully permitted to access this website and use the services provided on it in accordance with the laws of the country of their residence or the country from which they access the Website. If you are not over such an age or do not agree to be bound by the Conditions, you may not use or access the Website and we will have the right to restrict or prevent your access to the Website.

    You understand that certain parts of the site (e.g. parts containing videos with adult language and/or content) may be unsuitable for younger viewers. Al Bawaba offers users the opportunity to give their content user ratings, but Al Bawaba does not independently verify or vet these ratings and Al Bawaba does not guarantee the accuracy or appropriateness of these content ratings.

    Al Bawaba reserves the right at any time to amend these Conditions by posting such changes online. It is your sole responsibility to regularly check these Conditions each time you access the Website. Your continued use of these terms and conditions as posted from time to time constitutes your acceptance of these Conditions as modified.

  • Disclaimer
    Although Al Bawaba has made all reasonable efforts to ensure that the website is free from viruses and other damaging components, Al Bawaba cannot guarantee this. Neither can Al Bawaba guarantee that use of the website will be uninterrupted, timely, secure and/or error-free.

    You expressly acknowledge and agree that this Website and its contents are provided by Al Bawaba on an "as is" and "as available" basis and no representations or warranties of any kind are made (and are expressly disclaimed to the fullest extent permitted under law) with respect to the Website and its contents, and the services offered thereon including but not limited to any implied warranty of fitness for purpose, compatibility, security, accuracy or merchantability.

    Al Bawaba is not responsible or liable for and does not endorse any websites which you may visit via hyperlinks provided from time to time on this Website and you visit and carry out transactions on such websites entirely at your own risk.

  • Membership Accounts
    You must register to be a member of this Website in order to upload User Content (as defined below). For the avoidance of doubt, you are not required to register to be a member to view most content on this Website.

    If you register as a user of this Website you will select a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to notify Al Bawaba of any unauthorised use of your username and password or other breach of security at support@sharekna.com.

    By registering and opening an account you warrant to Al Bawaba that any information that you may from time to time provide to Al Bawaba, whether as part of the registration process or not, is complete, true, accurate and not misleading in any way. Please inform Al Bawaba immediately of any changes to the information that you provided when registering. [You can access and update much of the information you provided Al Bawaba within the login area of the website.]

    Al Bawaba reserves the right to refuse any application to open an account and/or to suspend and/or terminate your account:
    • at any time at Al Bawaba's sole discretion and without providing you with reasons for Al Bawaba's decision,
    • if it transpires that any information you may have provided to Al Bawaba is untrue, inaccurate, incomplete, out of date or otherwise misleading,
    • if you fail to provide Al Bawaba with any information which Al Bawaba may reasonably request from you in order to verify any details which you may have provided to Al Bawaba,
    • if you are in breach of the Conditions or otherwise use the Website in an unauthorised manner in particular if it brought to Al Bawaba's attention that you have been uploading User Content that is prohibited under these Conditions.


  • Use of the Website
    Al Bawaba grants you permission to use the Website as set out in these Conditions provided that you agree:
    • not to alter, modify or delete any part of the Website and/or its content without Al Bawaba's prior written consent;
    • not to use the Website for commercial purposes without Al Bawaba's prior written consent;
    • not to use the Website for any purpose that is unlawful or prohibited by these Conditions;
    • not to do or attempt to do anything to the Website which would hamper, damage, circumvent, overburden or otherwise interfere in the operation and/or security of the Website;
    • not to publish, link to, issue or display any unlawful material including, without limitation, pirated software, material which is obscene, prejudiced, offensive, threatening, fraudulent, invasive of another's privacy, malicious, harmful, abusive, depicting cruelty to persons or animals, defamatory or which breaches rights (including without limitation IPR as defined below) of Al Bawaba and/or any third party or which encourages criminal acts or contains a virus or other harmful code.

    Your use of the Website is conditional upon you complying with these Conditions and all applicable national, local and international laws and regulations.

    Al Bawaba reserves the right to withdraw or discontinue any aspect of the Website and/or remove User Content or comments without notice and at any time. It is your responsibility to ensure that you have another copy of your videos/photos and Al Bawaba shall not be responsible for lost videos/photos as a result of such withdrawal, discontinuance or removal.

  • Use of Al Bawaba Content
    Save for the User Content (as defined below), all content on the Website, including without limitation, trade marks, text, software, graphics, images, videos, sounds, logos and similar content ("Al Bawaba Content") are owned or licensed to Al Bawaba. Al Bawaba Content is provided on an "as is" basis and is for your personal non-commercial use only and may not be downloaded, copied, modified or deleted without prior written permission from Al Bawaba.

    Submitting User Content and Intellectual Property Rights You should only upload videos and photos which are created by you and are free from IPR (as defined below in 6.6) restrictions. Do not upload TV shows, films, adverts, music videos, films of theatre productions or concerts.

    If you have registered with the Website, you may submit video or photo content ("User Content") and place comments on the Website where indicated.

    You are solely responsible for your User Content and comments and the consequences of uploading or posting them on the Website. You warrant, represent and undertake that you have the relevant licences, permissions, authority and consents to use and upload your User Content and to use and authorise Al Bawaba to use all IPR (as defined below) in such User Content.

    As a member, you may upload up to one GB of your User Content. You may upload User Content in accordance with these Conditions where the size of each item uploaded does not exceed one GB.

    While you continue to own the User Content and comments, you grant Al Bawaba a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, transferable right to publicly display, reproduce, distribute, modify, prepare derivative works of, perform and otherwise use the User Content and comments on any website and through any media. You understand and agree that Al Bawaba may retain and continue to use User Content or comments that have been removed or deleted.

    While you continue to own the User Content and comments, you grant Al Bawaba a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, transferable right to publicly display, reproduce, distribute, modify, prepare derivative works of, perform and otherwise use the User Content and comments on any website and through any media. You understand and agree that Al Bawaba may retain and continue to use User Content or comments that have been removed or deleted.

    You agree that the User Content uploaded by you and comments placed by you will comply with the requirements of these Conditions and in particular will not infringe a third party's IPR, violate a third party's privacy unless you have received all required permissions from that third party to use the relevant material in the User Content.

    For the purpose of these Conditions, "Intellectual Property Rights" or "IPR" means copyrights, database rights, patents, patent applications, patent rights, trademarks, trademark applications, trademark registrations, trademark rights, trade secrets and all other intellectual property rights and proprietary information rights as may exist now or hereafter come into existence; all modifications, continuations, renewals and extensions of the foregoing; and all claims, actions, causes of action, damages, costs, expenses, profits, penalties, recoveries and remedies relating to any past, present or future infringement of any of the foregoing; arising under the laws of any country, state or jurisdiction in the world.

  • Submitting User comments
    Users are solely responsible for the content of any postings or messages they send through this Website.

    When posting a message, your IP address (the address at which you are identified when you connect to the internet) will be logged along with your e-mail address. We may use these details to contact you or your internet service provider directly in the event of misuse of the Website.

    Al Bawaba accepts no obligation to monitor the use of the message boards and/or blogs but reserves the right to do so. Al Bawaba also reserves the right to edit, remove or censor any messages without notice and for any reason, including any that it is in breach of these terms and conditions.

    Users may not post or provide links to any content which is untrue, defamatory, obscene, threatening, harassing, sexually explicit, racist, offensive, contains bad language (this includes using keyboard characters to 'mask' offensive words from the normal obscenity filters) or otherwise unlawful. Al Bawaba reserves the right to remove such postings without warning or explanation.

    Al Bawaba advises you not to post personal information such as your name, address, postcode or telephone numbers which could advise someone of where you live. Be cautious with the information you disclose, online, and through messaging. The message boards and blogs are used at your own risk.

    Users may only use the message boards and blogs for lawful purposes and must comply at all times with all applicable laws, statutes and regulations.

    You may remove your User Content at any time. When you delete content from the Website, such deleted content, while not available to other users, may remain on Al Bawaba's server. You may make requests by email to Al Bawaba for the permanent removal of your user Content by writing to this address: [INSERT EMAIL ADDRESS]. Al Bawaba cannot guarantee that content deleted from the Website will be deleted from third party websites or systems.

  • Use of User Content and comments
    Content on the Website is meant for all audiences. You understand that by using the Website you will be exposed to User Content and comments from a variety of users and that the User Content and comments are provided on an "as is" basis. Al Bawaba accepts no responsibility for the accuracy, usefulness, safety or IPR of or relating to the User Content and/or the comments and you accept that Al Bawaba does not endorse any User Content and/or comments displayed on the Website.

    You may not copy, modify, exploit, transmit, broadcast, delete, download, sell, license or otherwise use the User Content and/or comments on the Website other than as provided by these Conditions.

    You further understand and accept that you may be exposed to User Content and/or comments that are inaccurate, offensive, upsetting, indecent or objectionable and you hereby agree to waive any right or remedy you may have against Al Bawaba with respect to such User Content and/or comments.

    You agree to indemnify Al Bawaba, its employees, agents, affiliates and/or licensors to the fullest extent allowed by law with regard to all matters relating to your use of the Website including without limitation infringement of a third party's IPR by your User Content.

    While you accept that Al Bawaba is not obliged to review User Content or comments, Al Bawaba reserves the right to remove any User Content or comments for whatever reason and without warning.

    If you view User Content or comments that you believe do not comply with the requirements of these Conditions, please inform Al Bawaba by email content@sharekna.com specifying the following information:
    • the web address or reference of the relevant User Content;
    • in the case of material infringing a third party's IPR, a description of the material you allege is infringed as well as a description of the material you allege is infringing;
    • an explanation of why you believe the User Content does not comply with these Conditions; and
    • your contact details.


  • Liability
    To the maximum extent permitted by law, you agree that in no event shall Al Bawaba be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including without limitation, damages for loss of data, use or profits, arising out of or in any way connected with the Website or losses that you may suffer as a result of failure by Al Bawaba to deliver the services (including, but not limited to, as a result of a server failure), errors, mistakes or inaccuracies of content, any unauthorised access or use of Al Bawaba's secure servers, any bugs, viruses, Trojan horses or other malware which may be transmitted to or through the Website.

    Damages or losses under paragraph 9.1 above include but are not limited to those caused by access delays or interruptions, data non-delivery or mis-delivery, any acts of God, war or terrorism, breaches of security or unauthorised use of personal data arising from hacking and/or failure or lack of reception of telephone or mobile telephone networks. The exclusion set out in this paragraph shall apply even in the event that the loss or damage suffered by you was or should have been foreseen by Al Bawaba and/or you told Al Bawaba of the risk of you suffering the loss or damage in question.

    You agree to hold harmless Al Bawaba, its employees, agents, representatives and its third party associates providing content, distribution, advertisements or otherwise from and against any claim by a third party arising from or in relation to your use of the Website, including any liability or expense from all claims, losses, damages (direct and indirect, actual and consequential), judgments, costs (including lawyer's fees).

    You agree that the Website is controlled and offered entirely from Jordan. Al Bawaba makes no representation or warranty that the content of the Website is appropriate or available for use in other jurisdictions. Persons accessing the Website from other jurisdictions do so of their own will and are solely responsible for ensuring compliance with the relevant laws.

  • General
    These Conditions shall be governed by and construed in accordance with the laws of Jordan. Both Al Bawaba and you hereby submit to the exclusive jurisdiction of the courts of Jordan.

    Al Bawaba reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the services (or part thereof) offered on this website with or without notice. You agree that Al Bawaba shall not be liable for any modification, suspension or discontinuance of such services.

    If any provision of these Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, it shall be deleted from these Conditions and the other provisions (or parts of that provision) shall remain in full force and effect and continue to be binding and enforceable.

    These Conditions together with the privacy policy shall constitute the entire agreement between you and Al Bawaba concerning the Website.

    No waiver of any term of these Conditions shall be construed as a continuing waiver of such term and Al Bawaba's failure to assert any right or provision under these Conditions shall not be construed as a waiver of such right or provision.

Version 0.2 - © 2008 - 2014 Sharekna