Log in
Log in
Log in
Log in

TERMS OF USE AGREEMENT

Effective Date: 01 January 2017

1. Preamble

This page explains the terms in connection with the ON1User.net website ("THE WEBSITE") by which you may use the THE WEBSITE and the materials, services or functionality provided or accessible through it ("THE SERVICE").

THE SERVICE is provided by Dayo Akanji, the owner and operator of THE WEBSITE ("THE OPERATOR") and THE SERVICE, or any part thereof, may be provided by THE OPERATOR on behalf of a licensor or collaborator ("AFFILIATES").

THE WEBSITE has been independently set up to encourage and facilitate interaction between users of, and other persons interested in, the PhotoRAW computer software program ("THE PROGRAM") and THE OPERATOR does not represent as being affiliated with, or endorsed by, the makers of THE PROGRAM.

THE OPERATOR controls and operates THE WEBSITE from the Kingdom of Bahrain ("THE LOCATION") and does not represent that THE SERVICE is appropriate for use outside of THE LOCATION. Persons that choose to access THE SERVICE from locations outside THE LOCATION do so on their own initiative and are responsible for compliance with laws regulating THE SERVICE in force in such locations, if, and to the extent that, such laws are applicable.

By using or otherwise accessing THE SERVICE, you acknowledge that you have read and understood, and that you agree to be bound by, this Terms of Use Agreement ("THE AGREEMENT").

THE OPERATOR reserves the right to modify THE AGREEMENT at any time and by using or otherwise accessing THE SERVICE after any changes are posted to THE AGREEMENT, you acknowledge that you accept those changes, whether you have reviewed them or not.

If you do not wish to be bound by THE AGREEMENT, you are not authorised to use THE SERVICE.

2. Participation

2.1. Monitoring

You, and other users of THE SERVICE, may be permitted to post comments and other content to THE WEBSITE ("SUBMISSIONS"). You acknowledge and agree that THE OPERATOR does not, and shall not, have any obligation to review SUBMISSIONS, and therefore does not guarantee the accuracy, integrity or quality of SUBMISSIONS.

You acknowledge and agree that THE OPERATOR cannot ensure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable SUBMISSIONS will not appear on THE WEBSITE

However, you acknowledge and agree that THE OPERATOR has the right to monitor, alter, refuse to post, or remove, any SUBMISSIONS, in whole or in part, that you post, or attempt to post, to THE WEBSITE for any reason at THE OPERATOR's sole discretion.

Furthermore, you acknowledge and agree that THE OPERATOR does not have any obligation to use, or respond to, SUBMISSIONS.

You undertake to immediately notify THE OPERATOR of any objectionable SUBMISSIONS, or any other objectionable content, accessible on THE SERVICE.

2.2. Accuracy

In order to make use of some functionalities of THE SERVICE, you may need to provide Personally Identifiable Information ("PII"), such as your name and email address. You agree to provide accurate, complete and current information at all times.

You agree not to allow any other persons or entities to access THE SERVICE on your behalf and you undertake responsibility for ensuring other persons or entities do not access THE SERVICE on your behalf. You agree to immediately notify THE OPERATOR if you become aware of any unauthorised use of, or access to, THE SERVICE and agree that THE OPERATOR has the right to take appropriate administrative or legal actions, including criminal prosecution, to protect THE OPERATOR's interests.

2.3. Restrictions

By posting SUBMISSIONS, you warrant and represent that:

  1. you own the proprietary rights to such SUBMISSIONS, and
  2. such SUBMISSIONS do not, and will not, infringe any party’s intellectual property, publicity, privacy, or other rights and that such SUBMISSIONS are not, and will not, be defamatory or libelous

Furthermore, you agree not to post, or otherwise submit, any SUBMISSIONS to THE WEBSITE that:

  1. are fraudulent;
  2. are designed to interrupt, destroy, or limit the functionality of, any computer software or hardware or telecommunications equipment or interferes with or disrupts THE SERVICE, services connected to THE SERVICE, or otherwise interferes with operations of THE SERVICE in any way;
  3. infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  4. are offensive to users of THE SERVICE or, to THE OPERATOR, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or which harasses or harms, or advocates the harassment or harming of another person;
  5. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”, or solicits PII from other users of THE SERVICE;
  6. promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  7. links to materials or other content, directly or indirectly, to which the you do not have a right to link;
  8. violates a person’s rights of publicity or privacy; or
  9. violates applicable local, national, or international laws

You acknowledge and agree that SUBMISSIONS may be subject to size and usage limitations, and that you are responsible for adhering to such limitations.

2.4. Grant of License

By making SUBMISSIONS, you automatically grant, and represent and warrant that you have the right to grant, THE OPERATOR a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully compensated, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of, or incorporate into other works, such SUBMISSIONS, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such SUBMISSIONS (in whole or in part) or to incorporate such SUBMISSIONS in other works in any form, media, or technology now known or later developed, and to grant and authorise sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such SUBMISSIONS for any purpose, including for purposes of advertising and publicity, on THE WEBSITE and elsewhere.

No SUBMISSIONS shall impose any obligation on THE OPERATOR, whether of attribution or otherwise, and THE OPERATOR shall not be liable for any use or disclosure of any such SUBMISSIONS.

3. Intellectual Property

3.1. Copyright

All content, including without limitation, any pictures, logos, images or text, appearing on THE WEBSITE is either THE OPERATOR's property or the property of its licensors or suppliers and is protected under applicable copyright laws.

You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by email or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.

If you believe that work has been posted on THE WEBSITE in a way that infringes upon your copyright, please provide THE OPERATOR the following information at the email address listed in the "Contact Us" section of THE AGREEMENT:

  1. an electronic or physical signature of the copyright owner or of the person authorised to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on THE WEBSITE;
  4. your address, telephone number, and email address;
  5. a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  6. 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 are authorised to act on the copyright owner’s behalf.

Any notification by a copyright owner, or a person authorised to act on such copyright owner’s behalf, that fails to comply with requirements above shall not be considered sufficient notice and shall not be deemed to confer actual knowledge of facts or circumstances from which infringing material or acts are evident upon THE OPERATOR.

3.2. Trademarks

Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included on THE WEBSITE are THE OPERATOR's trademarks or trademarks of THE OPERATOR's licensors, sponsors or suppliers (collectively, “THE TRADEMARKS") and are protected by applicable trademark laws.

THE TRADEMARKS may not be used in any manner that is liable to cause confusion to current or potential users of THE SERVICE, the general public, both within and outside THE LOCATION, or be used in any manner that either disparages, discredits or disadvantages THE OPERATOR or other owners of THE TRADEMARKS.

4. Links

THE SERVICE may include links to other applications or websites of possible interest to you. As THE OPERATOR neither has control over unaffiliated applications or websites nor those operated and controlled by AFFILIATES (collectively, “OTHER CONCERNS"), you acknowledge and agree that THE OPERATOR is not responsible for the availability of such OTHER CONCERNS and does not endorse and is not responsible or liable for any content, advertising, services, products, functionality, or other materials on, or available from, such OTHER CONCERNS.

You also acknowledge and agree that THE OPERATOR shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by, or in connection with, the use of or reliance on any content, advertising, services, products, or other materials, on, or, available from, such OTHER CONCERNS. You acknowledge that such OTHER CONCERNS shall be subject to the policies and procedures of the operators of such OTHER CONCERNS.

THE OPERATOR reserves the exclusive right, at THE OPERATOR's sole discretion, to add, change, decline or remove, without notice, any feature of, or link to, any of the OTHER CONCERNS from THE SERVICE or introduce different features or links to different users.

5. Disclaimer of Warranties

You acknowledge and agree that THE OPERATOR does not make any representation or warranty as to the accuracy, appropriateness, availability, correctness, completeness, reliability, timeliness, or usefulness of any content (including without limitation any SUBMISSIONS appearing on THE WEBSITE and is not responsible for any errors or omissions in any content (including without limitation any SUBMISSIONS appearing on THE WEBSITE or generally for the accuracy, reliability, or quality of any such content.

THE OPERATOR does not endorse any opinion, advice, or statement or other material contained in SUBMISSIONS. SUBMISSIONS do not in any way reflect THE OPERATOR's opinion, advice or statements. No advice or information, whether oral or written, obtained by you from THE OPERATOR or through THE SERVICE shall create any warranty not expressly stated in THE AGREEMENT.

You acknowledge and agree that under no circumstances will THE OPERATOR be liable for any loss or damage caused by your reliance on content or materials (including without limitation any SUBMISSIONS") obtained through THE SERVICE or caused by the conduct of users of THE SERVICE.

Except as expressly provided herein, THE OPERATOR makes no representation or warranty of any kind to you, either express or implied and specifically, THE OPERATOR disclaims any implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.

6. Limitation of Liability

In no event shall THE OPERATOR, THE WEBSITE's officers, directors, employees, agents, sponsors, advertisers, affiliates, successors or assigns, be liable for:

  1. indirect, incidental, special, consequential or punitive damages arising out of the availability, use, reliance on, or inability to use THE SERVICE, even if THE OPERATOR or THE OPERATOR's agents shall have been advised of the possibility of such damages regardless of the form of action, whether in contract, tort, or otherwise; or
  2. for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of THE SERVICE. Under no circumstances will THE OPERATOR be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of THE SERVICE or your account or the information contained therein.

You acknowledge and agree that THE OPERATOR's aggregate liability to you, or to any third party, arising in connection with use of THE SERVICE in any circumstance, is limited to Ten Bahraini Dinars (BHD 10.000).

7. Indemnification

You agree to indemnify, defend and hold THE OPERATOR, THE WEBSITE's affiliates, officers, directors, and employees, harmless from any claim, expense or demand, including without limitation, reasonable attorneys’ fees, made by any third party due to, or arising out of, your use or misuse of THE SERVICE, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any content or other materials by you, or users authorised by you, or any violation of these Terms of Use by you, or your violation of any law or the rights of a third party.

You agree that under no circumstances shall THE OPERATOR be liable in any way for the accuracy, reliability, or quality of any SUBMISSIONS, and that you shall hold THE OPERATOR harmless for:

  1. any errors or omissions in any SUBMISSIONS posted by you, or
  2. any loss or damage of any kind incurred as a result of the use of any SUBMISSIONS posted by you.

THE OPERATOR reserves the right, at THE OPERATOR's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with THE OPERATOR in asserting any available defense.

8. Commercial Use

You acknowledge and agree that THE SERVICE is for your personal use only and that THE SERVICE may not be used by you directly or indirectly in connection with any commercial endeavour.

9. Privacy

THE OPERATOR is committed to safeguarding your privacy. The terms regulating the handling of PII and other information obtained from you in connection with THE SERVICE is described in THE WEBSITE's Privacy Policy Statement. A copy of the Privacy Policy Statement may be found at www.ON1User.net/privacy.html.

10. Governing Law and Venue

You acknowledge and agree that THE AGREEMENT shall be governed by and construed in accordance with the laws of THE LOCATION. You hereby submit to exclusive jurisdiction in the courts of THE LOCATION and agree to receive service of process through email, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

You acknowledge that your use of THE SERVICE may be subject to other local, regional, national, or international laws applicable to you.

11. General

If any provision of THE AGREEMENT is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

You agree that THE AGREEMENT may be automatically assigned by THE OPERATOR, at THE OPERATOR's sole discretion, to a third party.

Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

This agreement sets forth the entire understanding and agreement between you and THE OPERATOR with respect to the subject matter hereof.

The provisions of THE AGREEMENT will survive termination or expiration to the extent necessary to carry out the intentions of the parties.

12. No Waiver

No waiver of any term of THE AGREEMENT shall be deemed a further or continuing waiver of such term or any other term, and THE OPERATOR's failure to assert any right or provision under THE AGREEMENT shall not constitute a waiver of such right or provision.

13. Contact Us

If you have any queries or issues regarding THE SERVICE, please contact THE OPERATOR by email at Notify@ON1User.net.