THIS IS A LEGAL AGREEMENT BETWEEN YOU AND momsouq.COM STATING THE TERMS THAT GOVERN YOUR USE OF THE WEBSITE. By accessing, using or downloading any Content from this Site, you acknowledge your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access this Site or otherwise use or download Content from this Site. We reserve the right to update or modify these Terms and Conditions at any time, and without prior notice to you. Your use of the Site following such modification or update constitutes your acceptance to be bound by these Terms and Conditions as changed or modified. We encourage you to read through and review these Terms and Conditions each time you access the Site.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS SITE.
momsouq.com is a community content website operated by Polar Bear Creative Consultancy (PBCC). Content (as defined below) is uploaded by PBCC and other momsouq.com users.
2. PBCC’s Proprietary Rights
You agree that PBCC (or its affiliates, as the case may be) is the owner or the licensee of all intellectual property rights in momsouq.com, and the site itself is a collective work and/or compilation solely owned by PBCC. momsouq.com is protected by copyright laws and treaties around the world.
All of the trademarks, service marks, and logos displayed on this Site (the "Trademarks") are registered and unregistered trademarks of PBCC, its affiliates, or third parties. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.
You may not copy, distribute, reproduce, sell, lease, assign, rent, sublicense, encumber any aspect of the momsouq.com or any Content (as defined in Clause 3 below).
You also may not modify or create derivative works of any aspect of momsouq.com or any Content (as defined in Clause 3 below), other than with respect to your own Content (as defined in Clause 3 below).
You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in momsouq.com or any software or database connected to momsouq.com.
3. Nature of Services.
momsouq.com contains a variety of online communications tools and services which may include forums, bulletin boards, blogs, rating tools, personal pages, and other types of features at no charge to you. PBCC makes no warranty regarding the quality or availability of the Site, and we reserve the right to suspend, modify or terminate access to the Site and correlating services at any time and without notice. You agree that PBCC will not be liable to you or any third party for any modification, suspension or termination of the Site, including, without limitation, loss of data, personal settings or other foreseeable or unforeseeable damages related thereto.
The Content on this Site is presented in a summary fashion, and is intended to be used for informational purposes only. PBCC does not endorse or warrant any product, service or Content contained in this Site.
You agree that by using this Site, you will assume sole responsibility to exercise your own judgment when participating in any activity, relying on any Content, or otherwise engaging with other users in any forum communities, and we disclaim all responsibility for any advice, suggestions, courses of action, counseling, instruction or Content provided on this Site, including without limitation, Content provided to you by other users. Further, you should not rely upon claims of qualifications or other authoritative assertions made by other users.
"Content" refers to any listing, feature, forum posting, event listing, property listing, classifieds listing, posting, message, text, file, image, photo or any other material posted on momsouq.com
By posting Content on momsouq.com:
You acknowledge that you are solely responsible for all materials, text, entries, communications, content, information, forum contributions, materials, pictures and any video links or other materials provided by or contributed by you on this Site (collectively, the “User Generated Content”). You further agree that you either own all User Generated Content provided by you or is properly obtained from the appropriate owner with full permissions to post such User Generated Content on the Site. The Content is protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. As a condition of using this Site, you hereby license to PBCC, a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right and license to display or remove the User Generated Content on its Site. Your access and use of this Site shall be construed as sufficient consideration for such license. You also agree that we may, in our discretion and without notice or further consent from you, migrate all of your User Generated Content and User data to a new software platform with the intent of providing Users with additional features and developments on the Site. You shall not post any User Generated Content on this Site which violates or infringes upon third party intellectual property, trade secrets or privacy rights.
you permit any other user of momsouq.com to access, display, store and reproduce such Content; and
you grant PBCC the right to prohibit the subsequent access, storage and reproduction or use of said Content by any party to any extent PBCC sees fit.
PBCC is not responsible for, and no reliance should be placed, in any way on any Content posted, transmitted through or linked to momsouq.com.
PBCC reserves the right to (1) refuse to share or display, (2) move; or (3) delete any Content posted on momsouq.com.
PBCC updates momsouq.com regularly, and may change the Content at any time. Any of the Content may be out of date at any given time, and we are under no obligation to update such material.
5. Paid Content
Content posted on the Website that requires payment, whether by Credit Card through the website, or by cheque via a commercial contract is paid content ("Paid Content") and must be paid for by the originator of the Paid Content.
Users wishing to list Paid Content on the Website will be directed to a third-party payment processing site. Upon receipt of a payment confirmation from the third-party payment processing site, PBCC shall list the Paid Content to the appropriate section of momsouq.com.
Paid Content purchased using PBCC’s nominated third-party payment processing site must be paid for with a credit or debit card issued by Visa or MasterCard. You must be authorized to use the payment method you select.
PBCC is neither responsible nor liable for the perceived success or failure of any Paid Content posted on the Website.
6. Links to Third Party Sites
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7. Notification of Claims of Infringement
It is forbidden to post any Content that violates any international, federal, national, local copyright, patent, trademark or other intellectual property laws applicable in the United Arab Emirates.
PBCC is not responsible for any Content submitted by a user that infringes another’s proprietary rights. If you are aware of any Content that you believe infringes on yours or a third party’s proprietary rights, please contact our Admin team.
Please include in any such notice:
- a link to the alleged infringing material;
- a description of the alleged infringing material;
- a statement contesting that the copyrighted material was not posted by the holder or permitted licensee of said copyright;
- your contact details (including email address); and
- your signature (physical or electronic).
9. Access and Linking to the Website
Your access to the Website is provided on a non-exclusive, temporary and revocable basis by PBCC, and PBCC reserves the right to withdraw or amend your right to access to the Website without notice.
PBCC will not be liable if for any reason the Website is unavailable at any time or for any period.
You may not:
use any robot spider, scraper or other automated means to access momsouq.com or any other digital property operated by PBCC and collect content for any purpose or otherwise copy or download content. A limited exception is granted to search engines and non-commercial public archives, but not for websites that include any form of classified listings; and harvest or otherwise collect information about others, including email addresses, without their consent.
You may establish a hyperlink on your website to momsouq.com, or to postings within the Website, for non-commercial use, so long as you do so in a way that is fair and legal and does not damage or take advantage of momsouq.com’s reputation (or of any person connected to PBCC.).
You must not establish a hyperlink in a misleading way or as to suggest any form of association, approval or endorsement of PBCC or any other third party where none exists.
The momsouq.com website must not be framed on any other website.
You may not: use automated means to post content on momsouq.com (via the web interface) without our consent.
10. Limitations on Your Usage of the Website
PBCC may establish any limitations, in our sole discretion, on your usage of the Website, including, but not limited to, limitations on the length of time that Content may remain on the Website, the file size of an individual item of Content, number of items of Content that can be posted.
11. Conduct & Acceptable Use
You agree to not post, email, or make available through the Website any Content that is objectionable to momsouq.com, PBCC or in contradiction to laws or regulations of the region. In this regard, you agree not to post, email or make available through the Website any Content that:
is unlawful, harmful, threatening, abusive, defamatory, libellous, invasive or any information harmful to minors;
is of a political nature and/or is critical of any government or municipal employee in any jurisdiction.
is pornographic or any kind of nudity, sexually explicit or perverse content;
is pornographic or any kind of nudity, sexually explicit or perverse content;
is anti-Islamic or in any way derogatory towards Islam;
is racist or discriminatory content towards any race, religion, creed, nationality, gender or any other grouping of individuals;
impersonates any another person;
includes personally identifiable information about another person without their permission;
is false or deceptive;
solicits the sale of goods or services, except when (1) posted in the appropriately designated area of the Website for such sales, or (2) emailed to another user of the Website who expressly wish to be contacted by you;
includes links to other websites, except when (1) expressly approved by PBCC in writing, and (2) posted in a posting uploaded by you in the appropriately designated area;
advertises the sale of anything illegal under any applicable law or regulation in The United Arab Emirates, or the jurisdiction you are selling the product from or to;
violates any applicable international, federal, national, local copyright, patent, trademark or other intellectual property laws;
post or transmit any file to this Site or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code or any other material which is malicious or technologically harmful;
disrupts the normal flow with an excessive number of messages; or
uses misleading contact details to disguise the true origin.
You further agree not to:
contact people who do not wish to be contacted;
stalk or harass other users of the Website;
interfere with other users’ use of the Site, including, without limitation, disrupting the normal flow of dialogue in a chat room or forum discussion, spamming or otherwise using abusive tactics to deter others from participating in the forums or discussions.
post or transmit any message which is harmful, threatening, abusive or hateful.
collect personal information about users for commercial or unlawful purposes;
post Content that is irrelevant or unrelated to the category or discussion thread where such Content is posted;
post the same good or service in more than two categories;
to post, email, make available through the Website or contact PBCC or any other users of the Website with any spam, junk mail, charity requests, chain letters, pyramid or Ponzi schemes, or unsolicited email advertisements; or
attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
You also agree that you are responsible for User Generated Content that is sent through your account to any discussion group or forum or any other part of the Site.
For the avoidance of doubt, the above list of prohibited content and actions is not exhaustive and PBCC reserves the right to (i) remove any content that it considers (in its absolute and sole discretion) to be objectionable or in contradiction to applicable laws or regulations without notice; and (ii) take necessary steps to prevent persons who post content and/or conduct themselves in contravention of this Clause 10 from accessing the Website.
12. No Monitoring of Forums.
In order to promote a level of candor and trust, the chat rooms and forum discussions on this Site, in general, are not guaranteed to be monitored for unacceptable use, nor is there any guarantee that your User Generated Content will remain confidential or secure. Further, no statements made in the chat rooms and forum discussions will be authenticated or endorsed by PBCC. However, PBCC may at our sole discretion, but without the obligation, choose to monitor such forum discussions, chats or any other communication feature on the Site as part of an investigation of reported abuses or otherwise where we may deem appropriate. PBCC reserves the right to block transmission of, and or remove any User Generated Content that you send to any discussion group, at any time, for any reason, and without prior notice to you.
13. Website Content Sections
momsouq.com contains different content types. Usage of each of these sections is governed by the terms above as well as the terms regarding each, mentioned here:
General Classifieds section
This section is reserved for individuals selling their personal belongings
It is not permitted to use this section of the website to promote or sell products on behalf of a company
The Dubai Economic Department and UAE Federal Laws do not permit individuals to undertake any business transactions or operate a business without the necessary permits and permissions from the respective entities.
By using momsouq.com as a mompreneur, you accept all responsibilities for your transactions.
By using momsouq.com as a mompreneur, you confirm that you have all the necessary legal and professional permissions required to sell your product or service.
PBCC is in no way liable for the activities of the members, and is indemnified from actions that may be taken against members by any authorities or persons.
Companies who wish to sell or advertise their products and services through momsouq.com need to contact PBCC to gain access to the e-commerce section once the service is functional.
The Content in this section is presented in a summary fashion, and is intended to be used for informational purposes only. PBCC does not endorse or warrant any product, service or Content contained in this section.
Users assume sole responsibility to exercise your own judgment when participating in any activity, relying on any Content, or otherwise engaging with other users in any forum communities, and we disclaim all responsibility for any advice, suggestions, courses of action, counseling, instruction or Content provided on this Site, including without limitation, Content provided to you by other users. Further, you should not rely upon claims of qualifications or other authoritative assertions made by other users.
14. Dealings with Third Party Organization and Individuals
PBCC operates the Website as an online community portal for buyers, sellers, consumers and community members. PBCC does not sell any item listed on the Website directly and is never a party to any transaction between buyers and sellers. As a result, PBCC does not (a) guarantee or ensure any item listed on the Website or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any item listed on the Website. Furthermore, PBCC is not responsible for, nor holds itself out as promoting, any interaction or dealing between you and 1 or more other user(s) of the Website, and PBCC will not be liable in any way for any such interactions or dealings.
You will not hold PBCC responsible for other users' Content, actions or inactions, items they list or the destruction of allegedly fake items. While we may help facilitate the resolution of disputes, PBCC is not obliged to participate in any dispute between you and other user(s) of the Website. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ Content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. For certain categories especially those with transaction amounts higher that AED 10,000, an offer initiates a transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.
You acknowledge that PBCC does not monitor, verify or approve Content, and that you are solely responsible for evaluating and verifying the accuracy of any Content posted on the Website.
15. Disclaimer of Warranties
You use the Website at your own risk.
The Website is provided without warranty and is provided on an “as is, as available” basis.
PBCC HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, OR ARISING BY STATUTE, CUSTOM, COURSE OF DEALING OR TRADE USAGE, WITH RESPECT TO THE WEBSITE OR ANY SERVICES PROVIDED HEREUNDER. NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, PBCC SPECIFICALLY DISCLAIMS THE FOLLOWING WITH RESPECT TO THE WEBSITE:
IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY SERVICE OR GOOD ACQUIRED BY YOU FROM A THIRD PARTY;
OF THE ACCURACY, TIMELINESS, SECURITY AND PERFORMANCE OF THE WEBSITE; OR
FREEDOM FROM ANY ERRORS OR VIRUSES, TROJANS, WORMS, LOGIC BOMBS OR OTHER MATERIAL WHICH IS MALICIOUS OR TECHNOLOGICALLY HARMFUL.
16. Limitation of Liabilities
To the maximum extent permitted by applicable law, PBCC hereby expressly excludes any liability for any damages whatsoever (including, without limitation, direct, indirect, special, punitive, incidental or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
In particular, PBCC is not liable for any damages or losses resulting to you or a third party from:
- the use or the inability to use the Website;
- services or goods acquired through the Website;
- any Content displayed on the Website; or
- a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
18. Termination of Access to the Website
PBCC reserves the right to delete any of your Content from the Website at any time.
PBCC is not liable to you or a third party for any termination of your access to the Website or deletion of your posted Content.
You agree not to try to use the Website after said termination.