Terms And Conditions
Terms and Conditions of Use
Last Updated: June, 2019
1. SCOPE OF TERMS & CONDITIONS
Unless otherwise indicated, these Terms and Conditions of Service (“Terms & Conditions”) apply to:
(i) your use of and/or access to the Mekdar.com website and/or other Mekdar websites (collectively, “Website”) which are owned or operated by Mekdar, its affiliates and/or Dr. Waleed Mohebeldeen Mohamed Foad (collectively, “Mekdar”, “we,” “us,” or “our”), including any portion available to subscribers, and
(ii) Your use of and/or access to the mobile phone applications which we may own or operate currently or in the future (collectively, the “Mobile App”) and
(iii) your use of and or access to any content or information and other online or mobile-enabled technology, digital tools and other services and products provided by us (together with the Website and the Mobile App, collectively, the “Services”).
For purposes of these Terms & Conditions, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under control of Mekdar.
We are committed to protecting your privacy and security.
MEKDAR DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE OF THE SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING THE FOLLOWING AGREEMENT, THEN DO NOT ACCESS, BROWSE OR USE THE SERVICES.
IF YOU DO NOT ABIDE BY THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU AGREE THAT WE MAY:
· IMMEDIATELY BLOCK OR DELETE YOUR USER ACCOUNT. AND
· DELETE ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT (WITH OR WITHOUT NOTICE). AND/OR
· RESTRICT ANY ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR SERVICES (WITH OR WITHOUT NOTICE).
You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you.
Our Services contain content, information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials, including nutritional information contributed to the FOOD SCAN DATABASE (hereinafter defined) (collectively, “Content”)
2. AGREEMENT AND ACKNOWLEDGEMENT
a. User Agreement: By using the Services, you accept these Terms & Conditions and agree to be legally bound and to abide by the terms, conditions, and notices contained or referenced herein, just as if you had signed them.
b. Changes to Terms & Conditions. From time to time, we may, in our sole discretion, change, modify, supplement or remove portions of these Terms & Conditions (“Additional Terms”). Such Additional Terms shall become effective upon posting by “Mekdar” Administrators on the Website, the Mobile App, via the Service or sending you an email or other notification. You will be deemed to have agreed to such Additional Terms by your decision to continue accessing the Mobile App or the Website or otherwise using any of the Services following the date in which such Additional Terms become effective.
c. Modification of Services. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services provided to you, including, but not limited to:
· Restricting and/or limiting the time the Services are available,
· Restricting and/or limiting the amount of use permitted,
· Restricting and/or terminating any user’s right to use the Services and
· Changing any feature or functionality provided by the Services.
You agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, any aspect of the Services provided to you.
d. Downloading Mobile App. The Mobile App can be downloaded from an applications store or applications distribution platform, such as the Apple Mobile App Store or Google Play, (the “Mobile App Provider”).
You acknowledge and agree that we are solely responsible for the Mobile App (not the Mobile App Provider).
We do not permit individuals less than 18 years of age to become registered users of our Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into and abide by these Terms & Conditions.
Part of our Services are not free products and/or features, but rather a Paid Service.
You are responsible for the charges of your subscription to our Paid Service.
You are also responsible for all charges and fees associated with connecting to and using the Website and/or Mobile App.
5. FEES, RENEWAL, CANCELLATIONS & REFUND POLICIES
You further agree to the following:
a. Agreement to Pay for Services.
You will be responsible for the fixed and periodic charges and fees you selected at the time of subscription. Applicable taxes, and other charges and fees incurred in order to access the Services may also apply.
Failure to renew your subscription to our services after the current subscription period will stop your access and use of our Services till subscription renewal.
b. No Refund Policy.
(i) All fees and charges assessed by Mekdar are non-refundable.
(ii) If you cancel your subscription for Services, your subscription will remain active until the end of your subscription period, no subsequent charges will be processed.
c. Cancellation of Service Subscription. You can cancel your subscription for our Services at any time by contacting us at:
email@example.com We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
6. USER ACCOUNT AND SECURITY
To continue your use of certain features of the Services, you will be required to complete a registration form. You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the Services (including identification, address, contact details and billing information) will be current, complete and accurate.
As a registered user of the Services, you are entirely responsible for maintaining the confidentiality of your user account information. You may not use the account or user name of any other member at any time. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s user account information.
You are also entirely responsible for any and all activities which occur under your user account. We will not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge. You may also be held liable for any losses incurred by Mekdar, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account.
If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Services (or any portion thereof).
You agree also to “One Account per User” policy. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website. If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Services using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other means available to us under these Terms & Conditions or by law.
7. COMMUNITY STANDARDS AND CONDUCT GUIDELINES
You agree that you will not use the Website, the Mobile App and/or any part of our Services to:
a. Upload, post, email or otherwise transmit any User Content or other materials that:
(i) are unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, defamatory, vulgar, slanderous, discriminatory, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable concepts (in our sole discretion);
(ii) Contain any sexual and/or adult content, encourage criminal or terrorist activities, exploit political agendas, “hot button” issues for commercial use; or that contain hate speech;
(iii) are not your own, or that you do not have a right to upload, post, email or otherwise transmit, or infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party or that are deceptive, misleading or fraudulent or that may otherwise be unlawful or give rise to civil or criminal liability;
(iv) are unauthorized advertising, promotional materials, “junk mail,” “spam,” “phishing,” “chain letters,” “pyramid schemes,” or any other form of solicitation, opinions or notices, commercial or otherwise;
(v) Contain viruses, spyware, adware, worms, or any other computer malware or malicious code, files or programs;
b. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
c. Advertise or otherwise solicit funds or goods or services;
d. Impersonate any person or entity, including, but not limited to any user of the Services, or any of Mekdar team or any other person or entity;
e. Provide false, misleading or inaccurate information to Mekdar or any other member;
f. Create more than one unique public profile or register for more than one account, or create a false or misleading identity on the Services;
g. Forge or otherwise manipulate identifiers in order to disguise the origin of any Content or other materials transmitted to or through the Services;
h. Attempt to probe, scan or test the vulnerability of the Services or any associated system or network, or breach security or authentication measures;
i. Use or affect the Services in any manner that could damage, disable, overburden or impair the Services or its functionality, or disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Services;
j. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
k. Intentionally or unintentionally violate any applicable local, national or international law, including, but not limited to, any regulations having the force of law;
l. “Stalk” or otherwise harass another user or employee of the Services;
m. Solicit, collect or post or attempt to post personal data about other users of the Services, including usernames or passwords;
n. Access or attempt to access another user’s account without his or her consent;
o. Reverse engineer, disassemble or decompile the Mobile App, or attempt to discover or recreate the source code for the Mobile App or any portion of the Services.
Your privilege to use Mekdar Services depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Services and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, any Public Forum or the Services. Any violation of this section may subject you to civil and/or criminal liability.
YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY PUBLIC FORUM) THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE.
8. SOCIAL MEDIA AND PUBLIC FORUM; INFORMATION PROVIDED BY USERS
Definition: “Social Media” and “Public Forum” are any areas, sites or features, not owned or controlled by Mekdar, offering services (including, but not limited to, chat, messages, blogs, emails or instant messaging features) that enables you (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange user Content with other users.
All Social Media and Public Forum communications are public and not private communications. You are, and shall remain, solely responsible for the User Content that you upload, submit, post, transmit, communicate, share or exchange by means of any social Media or Public Forum and for the consequences of submitting or posting same.
9. LIMITED LICENSE
Subject to your continued compliance with the Terms & Conditions, including without limitation the timely payment of all applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to access and use our Services (whether through the Website or by downloading and installing the Mobile App, including any updates and bug fixes). Your use is limited for your personal, noncommercial use only.
The Services, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed or otherwise exploited for any commercial purpose without the express written consent of Mekdar. Furthermore, except for the limited rights granted in this Section, you will not (and will not encourage or assist any third party to):
· modify, alter, tamper with, repair or otherwise create derivative works of the Services or any software or technology included in or used or distributed by Mekdar to provide the Services; or
· Reverse engineer, disassemble or decompile the Services, or attempt to discover or recreate the source code for the Services.
10. RESTRICTIONS ON USE OF CONTENT
You acknowledge that our Services contain “Content”, that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
We may at any time suspend your use of the Services and/or remove or disable any Content as to which we reasonably and in good faith believe is in violation of any of these Terms & Conditions. We will provide you with notice of any such suspension or disablement before its implementation unless such suspension or disablement is necessary to comply with legal process, regulation, order or prevent imminent harm to the Services or any third party, in which case we will notify you to the extent allowed by applicable law of such suspension or disablement as soon as reasonably practicable thereafter.
11. FOOD SCAN DATABASE AND DISCLAIMER
As part of the Services, Mekdar maintains a food scan database that contains a combination of nutritional information and food scan photos entered directly by Mekdar team, and nutritional information and food scan photos entered by Mekdar’s Services users (“FOOD SCAN DATABASE”). Any Service user can contribute nutritional information to the FOOD SCAN DATABASE.
Please be advised that nutritional information found in the FOOD SCAN DATABASE serves only as a guide to you, and is continuously reviewed by Mekdar team, but please note that some nutritional information entered by Mekdar’s Services users has not been provided by persons with the expertise required to provide you with complete, accurate, or reliable information.
MEKDAR DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY NUTRITIONAL INFORMATION IN THE FOOD SCAN DATABASE; ALSO MEKDAR DOES NOT ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH NUTRITIONAL INFORMATION. UNDER NO CIRCUMSTANCES WILL MEKDAR BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON FOOD SCAN DATABASE.
Nutritional information in the FOOD SCAN DATABASE may not be reproduced, duplicated, copied, modified, sold, distributed, or otherwise exploited for any commercial purpose without the express written consent of Mekdar.
12. USER CONTENT
a. Definition. “User Content” is any content, materials or information (including without limitation, any text, information, graphics, messages, photos, images, nutritional information and food scan photos contributed to the FOOD SCAN DATABASE and works of authorship kind), data, questions, comments, suggestions or other content, including personally identifiable information that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on, or through the Services (such as messages, recipe logging), whether in connection with your use of the Services or through the use of any Third Party Websites or Third Party Services or otherwise, and whether publicly posted or privately transmitted.
b. Agreement. You represent and warrant that, when using the Services, you will obey the law and respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights, or rights or publicity or privacy, or in violation of any applicable law or regulation.
YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
c. Grant of License. You hereby grant Mekdar, its directors, officers, employees, agents, affiliates, representatives and assigns (collectively, the “Mekdar Team”) a royalty-free, perpetual, irrevocable, sublicensable, assignable, non-exclusive right (including any moral rights) and license (as well as consent) to unrestricted use, license, reproduce, modify, adapt, publish, translate, transmit, edit, reformat, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, display and otherwise use any User Content (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the User Content in other works in any form, media, or technology now known or later developed, for the not-Specified full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such User Content.
You hereby represent and warrant that you own all rights and title to User Content and/or are authorized to grant the rights provided to the Mekdar Team under this section.
You also permit any user to access, display, view, store and reproduce any User Content that you have made available in any Public Forum for personal use.
We are not responsible for maintaining a copy of any material we remove from our Services, and we are not liable for any loss you incur in the event that Content you post or transmit to our Services is removed.
Mekdar reserves the right to remove, suspend, edit, modify or block any User Content in its sole discretion at any time, without notice to you and for any reason, or for no reason at all.
Mekdar also reserves the right to access, read, preserve, and disclose any information as Mekdar reasonably believes is necessary to:
· satisfy any applicable law, regulation, legal process or governmental request, or
· detect, prevent, or otherwise address fraud, security or technical issues, or
· respond to user support requests, or
· protect the rights, property or safety of Mekdar, its users and the public.
You acknowledge that all User Content are the sole responsibility of the person who made such User Content. This means that you are entirely responsible for all User Content that you post, email or otherwise transmit to the Website, the Mobile and the Services. We do not control the User Content posted, emailed or otherwise transmitted on our Services by others and, as such, we do not guarantee the accuracy, integrity or quality of such User Content. Although we have adopted community standards and conduct guidelines for the users of the Services (as described above), you understand that by using the Services, you may be exposed to User Content that are offensive or objectionable.
MEKDAR DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE USER CONTENT, AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THROUGH THE USER CONTENT. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY USER CONTENT (OTHER THAN FOR CONTENT DEVELOPED BY US), INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY USER CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT POSTED, EMAILED OR OTHERWISE TRANSMITTED TO OR THROUGH THE SERVICES.
13. THIRD-PARTY WEBSITE CONTENT AND SERVICES
Certain Contents provided in the Website and/or Mobile App include links to websites of third parties (“Third-Party Websites”). We do not have control over the content, offerings and performance of Third-Party Websites.
MEKDAR HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES, AND MEKDAR DOES NOT ENDORSE (AND IS NOT RESPONSIBLE OR LIABLE FOR) ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTY WEBSITES.
ACCORDINGLY, MEKDAR DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES.
Our Terms & Conditions apply only to the Services, and not to the apps of any other person or entity, and your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the third party license applicable to such Third-Party Services.
MEKDAR DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF OR RELIANCE ON ANY CONTENT, ADVERTISEMENT, PRODUCT OR OTHER RESOURCES AVAILABLE ON ANY THIRD-PARTY WEBSITES (REGARDLESS OF WHETHER WE DIRECTLY OR INDIRECTLY LINK TO SUCH CONTENT, ADVERTISEMENT, PRODUCT OR OTHER RESOURCES). YOU AGREE TO BEAR ALL RESPONSIBILITIES AND LIABILITIES FOR ANY DAMAGES, WHEN LINKING TO OR OTHERWISE ACCESSING OR USING A THIRD-PARTY WEBSITE, YOU ARE FULLY RESPONSIBLE FOR THAT ACTION AND ALL ITS PROCEDURES, CONSEQUENCES AND RISKS
14. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM MEKDAR
b. Service Announcements. In using the Services, you may receive periodic electronic communications from Mekdar regarding the Services, such as new product offers and other information regarding the Website and/or the Mobile App, which are part of the Services and which you cannot opt out of receiving.
c. Promotional Communications. You may also receive periodic promotions and other offers or materials Mekdar believes might be of interest to you. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each message; or (b) changing the messaging preferences in your account.
15. HEALTH AND MEDICAL SERVICE DISCLAIMER
USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. THE VIDEO CALL SERVICE CANNOT BE DEPENDED UPON FOR EMERGENCY CALLS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR NEAREST MEDICAL SERVICE PROVIDER OR HOSPITAL.
You further agree that, before using the services, you shall consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the Services that is inconsistent with the medical advice from your physician, you should follow the advice of your physician.
IF MEKDAR BECOMES AWARE OF OR SUSPECTS ANY SERIOUS MEDICAL OR MENTAL CONDITIONS OR ILLNESS, MEKDAR MAY, AT ITS SOLE DISCRETION, TERMINATE ALL OR ANY PORTION OF THE SERVICES.
16. CHATTING AND VIDEO CALL SERVICES
You shall supply the necessary PC, mobile phone device, communication device, operating system, and data connection necessary for using the Service under your own responsibility and at your own expense.
Mekdar reserves the right to schedule the time for video call service, according to what Mekdar considers appropriate. MEKDAR IS NOT OBLIGED TO ANSWER MESSAGES AND CHATTING CONVERSATIONS AND/OR ACCEPT VIDEO CALL REQUESTS WITHIN A SPECIFIC TIME FRAME OR ON REGULAR BASIS. Waiting time till answering chatting conversations and/or accepting Video call requests is determined according to Mekdar time availability and user conditions.
Mekdar reserves the right to limit access to the whole or part of the Chat and Video Call Services depending upon conditions that Mekdar considers necessary, such as age, current membership status, and other considerations.
Mekdar reserves the right to modify or cease, at Mekdar own discretion, the whole or part of the Service at any time without any prior notice to the Users.
17. DISCLAIMERS OF WARRANTIES
MEKDAR, ON BEHALF OF ITSELF AND ITS AFFILIATES AND ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS PROVIDED IN THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER MEKDAR, ANY OF ITS AFFILIATES, NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE APPLICATIONS OR ANY FUNCTION CONTAINED IN THE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE APPLICATIONS OR THE SERVERS THAT MAKE THE APPLICATIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
18. INTELLECTUAL PROPERTY
a. Software. You acknowledge and agree that the Services and all intellectual property rights associated therewith are, and shall remain, the property of Mekdar. Furthermore, you acknowledge and agree that the source and object code of the Website and/or Mobile App and the format, directories, queries, algorithms, structure and organization of the Website and/or Mobile App are the intellectual property and proprietary and confidential information of Mekdar and its affiliates. Except as expressly stated in these Terms & Conditions, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in these Terms & Conditions are hereby reserved and retained by Mekdar.
b. Trademarks. Mekdar, Mekdar.com, Mekdar Health and the Mekdar logo (collectively, the “Mekdar Marks”) are trademarks or registered trademarks of Mekdar. Other trademarks, service marks, graphics, logos and domain names appearing on the Website, Mobile App or in other Content provided to you may be the trademarks of third-parties. Neither your use of the Services, nor these Terms & Conditions, grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the Mekdar Marks or any third-party trademarks, service marks, graphics, logos or domain names.
c. Copyrighted Materials and Copyright Notice. All content and other materials available through the Services, including without limitation the Mekdar logo, design, text, graphics, and other files, and the selections, arrangement and organization thereof, are either owned by Mekdar or its affiliates. Neither your use of the Services nor these Terms & Conditions grant you any right, title or interest in or to any such content or materials.
d. Copyright Complaints. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Services (or any part thereof) if this user infringes the intellectual property rights of others.
Without limiting any indemnification provisions of these Terms & Conditions, you agree to indemnify, hold harmless and, at our option, defend Mekdar and our affiliates, and our and their respective officers, directors, members, employees, managers, agents and representatives, from any and all third party claims, actions, demands, causes of action, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) (collectively, “Claims”) arising from
· Your improper use of the Services or our products or offerings,
· Your violation of these Terms & Conditions,
· Your provision to Mekdar of information or other data,
· Your infringement or alleged infringement, by you or any other user of your account, of any intellectual property or other right of any person or entity, or
· Your violation or alleged violation of any foreign or local law or regulation.
These Terms & Conditions will remain in full force and effect while you use our Services (including our Website and Mobile Apps). We may terminate your use of, or access to, the Service in accordance with these Terms & Conditions.