Arabicollege Web Site Terms of Use

Effective as of March 28, 2009

Thank you for your interest in the Arabicollege® service(s) (the "Service") offered by Silver Arrow Electronics Solution LLC (“we," "our" or "us") that allows users to, among other things, upload, post, publish, display or make available user-generated content ("User Content") on or through the Web site www.arabicollege.com (the "Site").
IMPORTANT – PLEASE READ CAREFULLY. THESE SERVICE TERMS OF USE ("TERMS OF USE") CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER") AND SILVER ARROW ELECTRONICS SOLUTION. THE TERMS OF SERVICE ALONG WITH ANY POLICIES THAT MAY BE POSTED ON THE SITE SET FORTH THE TERMS AND CONDITIONS ON WHICH YOU MAY ACCESS AND USE THE SITE AND SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE THE SITE OR SERVICE. BY OPENING, ACCESSING, USING, DOWNLOADING OR BROWSING THE SITE INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SITE OR BY USING THE SERVICE, IN ANY WAY, YOU CONSENT TO THESE TERMS OF USE.

REGISTRATION

By using the Service, you represent to Arabicollege that (i) you are of legal age to form a binding contract under the laws of the United Arab Emirates and, if you are between the ages of 13 and 18, you have your parent's or legal guardian's permission to register with the Service, (ii) the information you provide to Arabciollege during registration on the Site is true, correct, and complete and will remain true, correct, and complete for as long as you use the Site, and (iii) your registration and use of the Service will not violate any law, rule, or regulation applicable to you or your use of the Service and the Site. Arabicollege reserves the right to terminate your use if you have provided Arabicollege with false registration information or if you violate the Terms of Use. Upon your registration with the Site, you will receive a password to access your account. You acknowledge that you are responsible for maintaining the secrecy of your account number and/or password and that you are responsible for all uses of your account. You agree to take reasonable steps to protect the security of your password and to immediately notify Arabicollege if you are aware or suspect that any unauthorized access to your password or account has occurred.

OWNERSHIP OF SITE AND CONTENT

Arabicollege Content
The Service and the Site are the property of Silver Arrow Electronic Solutions and its affiliates and licensors. All content placed on the Site by Silver Arrow Electronics Solution, including, without limitation, all text, graphics, photographs, trademarks, logos, sounds, music, artwork and the computer code comprising the same (collectively, "Arabicollege Content") contained on the Site, and the design and arrangement of such Arabicollege Content, is owned or controlled by, or is licensed to, Silver Arrow Electronic Solutions and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Site may contain "frames" or other similar structures or expressions which include content from third parties under contract or who have been given permission to advertise on the Site ("Third Party Content"). If such Third Party Content is subject to terms of use by a third party, such third party terms of use shall govern the use of such Third Party Content. Except as specifically noted in such Third Party Content, Silver Arrow Electronic Solutions makes no representations or claims regarding the accuracy, use, ownership, or policies governing such Third Party Content. Third Party Content not subject to terms of use by a third party shall, in the sole discretion of Silver Arrow Electronic Solutions, be subject to the restrictions on use contained in these Terms of Use. By using the Site, you expressly relieve Silver Arrow Electronic Solutions from any and all liability arising from your use of any Third Party Content.

User Content

Silver Arrow Electronic Solutions does not claim ownership of the User Content. By uploading, submitting, or otherwise making such User Content available on the Site, you grant Silver Arrow Electronic Solutions a worldwide, royalty-free, non-exclusive right and license to use, have used, distribute, have distributed, reproduce, have reproduced, modify, have modified, adapt, have adapted, publicly perform and publicly display such User Content (in whole or in part) for all purposes related to the operation of the Site or promoting the Site or Arabicollege. The above license shall be sub-licensable and include the right to create derivative works based on the User Content, and exercise the above rights with respect to such derivative works. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, distribute, reproduce, display and perform such User Content. The above licenses granted by you in User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Site. You understand and agree, however, that Silver Arrow Electronic Solution may retain, but not display, distribute or perform, server copies of User Content that has been removed or deleted. The above licenses granted by you in User Content are perpetual and irrevocable.

Arabicollege does not guarantee any confidentiality with respect to any User Content.

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. You represent and warrant to Arabicollege that you own the User Content or you have been granted the right by the owner of such User Content to grant Arabicollege the license above. Arabicollege does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Arabicollege expressly disclaims any and all liability in connection with User Content. Silver Arrow Electronic Solution does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and Arabicollege will remove all Content and User Content if properly notified that such Content or User Content infringes on another party's intellectual property rights. Arabicollege reserves the right to remove Content and User Content, for any or no reason, without prior notice. User Content is available "as is."

Use Restrictions

You may access the Service, the Site , Third Party Content and User Content (collectively, the "Content") solely:

For your information and personal use;
As intended through the normal functionality of the Site;
For Streaming (where "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Site to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user); and
For Download (where "Download" means a digital transmission of an audiovisual work via the Internet from the Site to a user's device in such a manner that the data is intended for viewing at another time and not intended to be copied, permanently stored, or redistributed by the user).

In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You must use the Content as provided by Arabicollege, and you may not edit or modify the Content supplied by Arabicollege. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Accessing Content for any purpose or in any manner other than as set forth above is expressly prohibited.

MESSAGE BOARD, BULLETIN BOARD, EMAIL AND CHAT ROOM CONDUCT

The message boards, bulletin boards, email and chat rooms, or other message services ("Messaging Services") are provided to you and other users as an opportunity to communicate, practice your English learning, and share ideas and User Content. All of the content of your message board, bulletin board, and chat postings shall be considered "User Content". Please be courteous and respectful to your fellow users. You agree not to use the Messaging Services for chain letters, junk mail, "spamming", or solicitations (commercial or non-commercial). You also agree not to send any message or material that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation.
You should evaluate whether you want to use the Messaging Services before using them. By using the Messaging Services, you agree that Arabicollegeshall not be responsible for any content in the Messaging Services. Arabicollege does not pre-screen or monitor the messaging content as a matter of policy. Arabicollege has the right, but not the responsibility, to remove any messaging content which it deems harmful, offensive, or otherwise in violation of these Terms of Use or any rules it may have in place at the time. We have no obligation to delete messaging content that you may find objectionable or offensive. Arabicollege may choose to monitor some, all, or no areas of the Messaging Services for adherence to these Terms of Use or other rules that may be given to users.
You understand that all message board, bulletin board, and chat communications are public and not private communications.
You agree to use Messaging Services only to send and receive messages and material that are proper. When using the applicable Messaging Services, you agree to stay on topic related to the particular message board, bulletin board, or chat room. The following are examples of prohibited use of the Messaging Services; this is a guide and not a list of all prohibited uses. You agree that when using the Messaging Services, you will not:

Defame, abuse, harass, stalk, threaten, or violate the rights of privacy and publicity of others;
Distribute or post any defamatory, infringing, obscene, indecent, or unlawful message or material;
Upload files or material that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
Upload files or materials that contain viruses, corrupted files, or any other similar software that may damage the operation of another's computer;
Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters;
Disrupt the flow of dialogue in any of the Messaging Services or otherwise act in a manner that negatively affects other participants;
Download any file that you know, or reasonably should know, cannot be legally distributed in such manner; or
Obtain or divulge any personal information of any user or participant.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Mateo, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Silver Arrow Electronic Solutions may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Silver Arrow Electronic Solution's sole discretion.

ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions may apply to specific portions or features of the Site, including, events, purchases, contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. Failure to agree or comply with these Terms of Use and such additional terms and conditions may restrict your participation in certain services offered on or through the Site (such as the ability to make purchases on the Site or participate in promotions).

LINKS

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Arabicollege's control, and Arabicollege is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

DISCLAIMERS

SILVER ARROW ELECTRONIC SOLUTIONS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE SITE, OR ANY CONTENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ARABICOLLEGE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GLOBALENGLISH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SILVER ARROW ELECTRONIC SOLUTIONS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE OR THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE, THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST GLOBALENGLISH FOR DISSATISFACTION WITH THE SERVICE, THE SITE OR ANY CONTENT IS TO STOP USING THE SERVICE, THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL SILVER ARROW ELECTRONIC SOLUTIONS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF GLOBALENGLISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SILVER ARROW ELECTRONIC SOLUTION'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SILVER ARROW ELECTONIC SOLUTION's FOR ANY ARABICOLLEGE SERVICES DURING THE TERM OF MEMBERSHIP.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

UPDATES; TERMINATION OR SUSPENSION OF ACCESS

The information contained on the Site is subject to change at any time and without notice, and ARabicollege makes no commitment to update the materials on the Site, including information that may be out of date.
Arabicollege reserves the right to, at any time and without notice, modify, suspend or terminate operation of or access to the Site, or any portion thereof, or interrupt the operation of the Site, or any portion thereof.