Terms And Conditions
Thank you for joining ibtikarati
About Terms of Use:
This ‘Terms of Use’ (“Terms”) is your agreement with Mesh Venture Ltd. (“we” or “ibtikarati”) in respect of using the website, www.ibtikarati.com and its subdomains (“Site”). The links attached to this agreement forms part of these Terms.
By accessing or using this Site, you signify that you have read, understand and agree to be bound by these Terms, whether or not you are a registered member of the Service. We reserve the right, at any time, to add to, change, update, or modify these Terms of Use, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site. It is your responsibility to review these Terms from time to time to ensure that you continue to agree with all of its terms.
All of the software or services provided within the Site are referred to in this agreement as the Services. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms, please do not register for or use the Site. Please note that we do not provide warranties for the service. The agreement also limits our liability. Some of these services may not be available in your country.
ibtikarati is provided to you for your personal use subject to these Terms. By using the Site you agree to be bound by these Terms.
Registration data:
You may use the Site and or services only if you can or have capacity to form a binding contract with us and you are not a person barred from receiving services under your local laws. You may use the Site and or services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. By registering with us to create an account, you represent and warrant that you understand and agree to comply with these Terms.
If you create or add to an ibtikarati profile, you agree to:
provide accurate, and current information when submitting company data and media files to the service;
provide accurate, and current information personal information
Not provide any false personal information to our Site and not create an account for anyone other than yourself without permission;
maintain the security of your password and identification if you have one;
be fully responsible for all use of your account and for any actions that take place using your account;
inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
Password and Security:
When you register to use our Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of our Site, we may require you to change your password or we may suspend your account. You must bear the risk associated with the use of the Internet.
Availability of www.ibtikarati.com:
Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We reserve the right to withdraw or amend the Site without notice. We cannot guarantee that the services will be fault-free. If a fault occurs with the Site you should report it. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. We will not be liable if for any reason our Site is unavailable at any time or for any period. You must bear the risk associated with the use of the Internet
User conduct:
You may only use our Site for lawful purposes and must over 13 years of age to use the Site.
You represent, warrant and agree that no materials of any kind submitted through an ibtikarati entry or otherwise uploaded, posted, transmitted, or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
You agree not to upload, post or transmit, through the Site any material or content which:
is defamatory of any person;
is obscene, offensive, threatening, hateful or inflammatory;
promotes sexually explicit material or violence;
promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
advocate, promote or assist any illegal or unlawful act such as (by way of example only) copyright infringement or computer misuse; or
making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
in any way breaches any applicable local, national or international law or regulation;
in any way is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect such as but not limited to, making or buying illegal weapons, for the purpose of dealing in counterfeit goods, illegal drugs, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling etc.;
In addition you agree not to:
transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or "junk mail," "spam," "chain letters," "pyramid schemes,"; or any other form of solicitation
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information such as credit card numbers or any other form of private information;
post anything that exploits children or minors or that depicts cruelty to animals;
knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code which may adversely affect the operation of any computer software or hardware;
make available any files where you have not received the necessary licenses to,
use any materials posted on the Site in any manner that violates or infringes any rights (including any intellectual property rights) of any other person;
disrupt or interfere with the security of, or otherwise cause harm to the Site, or any services, materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any linked sites;
harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
You will be responsible for our losses and costs resulting from your breach of this section.
Respect of Copyright:
We have adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of ibtikarati or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention
If you believe that your work has been used on our Site or services in a way that constitutes an infringement of Copyright, please provide us with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that is the subject of the Claim; (iii) the location of the content that is the subject of the Claim; (iv) the address, telephone number, and email address for ibtikarati’s response to you; (v) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in the Claim is accurate and that you are the copyright or intellectual property owner or otherwise authorized to act on the copyright or intellectual property owner’s behalf. Ibtikarati’s agent for notice of a Claim can be reached by email at copyright@ibtikarati.com. In response to the Claim, ibtikarati will proceed in accordance with the applicable notice and take-down procedures under the controlling law for this Agreement.
Refund policy:
Our Intellectual Property Rights:
This Site and its content is protected by copyright, trademarks, database right and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. Except as expressly permitted in the Terms of Service, you may not reproduce, modify or prepare derivative works based on, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use this Site or the Service, or any portion thereof.
User’s Intellectual Property Rights:
We do not claim ownership of any content or material that you submit on, or make available via, the Site and services. Any content or material you upload via the Site will be considered non-confidential and we have the right to use, copy, distribute, modify and disclose to third parties for any purpose. This license you grant to us is non-exclusive, fully-paid and royalty-free, sub-licensable, and worldwide.
We shall not be liable in any way for any content, or any loss or damage of any kind incurred as a result of the use of any content, posted, emailed, transmitted or otherwise made available via our Site. We will not be liable (whether for breach of contract, negligence or any other liability arising under or in relation to your use of the Site) for any actions by us or anyone who works for us.
App Seller Intellectual Property Rights:
As between the parties, the App Seller, its partners and licensors exclusively own any Intellectual Property Rights in any App Seller material. The App Seller represents that it has sufficient ownership and rights to grant the licenses granted herein and to enter into this Agreement.
App Seller grants ibtikarati a nontransferable, nonexclusive, worldwide, revocable license to reproduce, display and distribute Seller Apps through the Site including multiple tiers of ibtikarati’s distribution partners. Once copies of a deleted App are no longer available through the Site, App Seller’s license to ibtikarati for the deleted App terminates.
Except as provided in this Agreement, User shall not (i) use, reproduce, distribute, display, sell, offer for sale, rent, lease, loan, license, distribute, exploit for any commercial purposes, or create derivative works based on any content provided or made available to it by the other party in accordance with this Agreement (ii) disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code form or structure of the other party’s content provided in binary code, except to the extent that such restriction is not legally enforceable, in which event, the party seeking to derive source code from the other party’s binary code shall first request such information from the other party and enter into a confidentiality and use limitation agreement concerning such source code; or (iii) use or export any content in violation of applicable laws. Each party shall, with respect to the other party’s content in its custody, preserve all copyright and other proprietary rights notices in the other party’s Item.
We want to respect your privacy. Please read trough our Privacy Policy
User responsibility and Warranty:
You are entirely responsible for all the material that you upload, post, email, share, publish and forward. You warrant that the content posted by you on the Site or service is either owned by you or licensed to you and your content does not violate laws relating to privacy, publicity, intellectual property rights including copyrights, contracts and any other applicable laws. You further represent and warrant that you would communicate to your friends and or contacts through our services, by way of emails or sms, only upon receiving their prior consent.
Material screening:
We may screen any content or material which is uploaded via our Site to ensure that you have been compliant with these Terms. We have the right, at our sole discretion, to pre-screen, refuse or remove any content or material that is uploaded, emailed, transmitted or otherwise made available on our Site.
Termination
We may suspend or terminate your registration immediately, delete your ibtikarati entry and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in our sole discretion, or if you breach any of your obligations under these Terms, with or without notice.
You may deactivate your account by selecting the Deactivate account link within your Settings. We may close a user account after 180 days of inactivity. The suspension or cancellation of your registration and your right to use the Site shall not affect either party’s statutory rights or liabilities.
Indemnity:
We do not control any content or other material uploaded on, or via, our Site and, therefore, cannot guarantee the accuracy, integrity of quality of such content.
You agree to indemnify, defend, and hold harmless ibtikarati, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Disclaimer of warranty
IBTIKARATI EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. IBTIKARATI DOES NOT WARRANT THAT SITE OR ANY APPS, MATERIALS, SERVICES, OR SITES AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE, WILL (1) MEET USERS’ AND APP SELLER REQUIREMENTS, (2) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (3) HAVE ANY ERRORS CORRECTED.
Liability:
We do not make any warranties or guarantees in relation to content on the Site. If we are informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can. If a User decides to install or use any content posted by another User, User does so at User’s own risk. User’s communications or dealings with any third party found on the Site are solely between the User and the third party.
If you are in breach of these Terms, we will not be responsible for any losses that you or a third party suffers as a result.
Neither ibtikarati nor any of our subsidiaries, affiliates, officers, employees, shareholders, or directors shall be liable for any damages, or any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Site and or service, any software applications or any of the content or other materials on, accessed through or downloaded from the Site.
Third Party Websites:
Our Site may include links to other web sites or material which we have no control over. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern.
Advertising and Sponsorship:
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
Distribution of Apps
Users may upload to Site, Apps and Affiliated Apps. The Site will publish these apps for download at its sole discretion.
Taxes
Payments to Apps Seller will be net of commissions due to third party payment gateways. However, the payments due are free and clear of any taxes. When any such tax, charge, fee, deduction or withholding is required to be withheld from any amounts payable to ibtikarati under this Agreement, the App Seller shall increase the amounts payable to the extent necessary to yield to ibtikarati the amounts due as determined by this Agreement.
International Use:
We make no promise that materials on the Site are appropriate or available for use in certain locations, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access our Site from such outside jurisdictions, you do so on your own initiative and are responsible for compliance with local laws.
Change of Control:
In the event of a change of control of ibtikarati or the sale of substantially all of ibtikarati’s assets, all rights of ibtikarati hereunder shall be transferable without notice to you.
Users Disputes:
You are solely responsible for your interactions with other users of ibtikarati, third party developers or any other parties with whom you interact through the Site or services.
Applicable Law: These Terms are subject to the British Virgin Islands Law. We will try to solve any disagreements quickly and efficiently.
Copyright and Trademark Notices: All contents of the Site and services are copyright©ibtikarati.com. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our service providers, partners and suppliers own the title, copyright and other intellectual property rights in the software or content. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Contact us:
You may notify us your concerns or thoughts as stated in the customer support or Feedback area for the service.
I have read these Terms of Use and agree to all of the provisions contained therein.
ibtikarati.com is owned and operated by Mesh Venture Limited