Term of Use
Welcome to the website www.nodhom.com (“Website”).
This Website is owned and operated by Ettesaq Company Ltd, hereinafter referred to as “Ettesaq”, “we”, or “us.”
These Terms are effective as of 01-Oct-2015. We reserve the right to change the Terms without notifying you. You expressly acknowledge and agree that it is your responsibility to review this Website and the Terms periodically and to be aware of any changes. Your continued use of this Website after such modifications will constitute your acknowledgement of the modified Terms and agreement to abide and be bound by them.
If you do not comply with these Terms, and we don’t take action right away, this does not mean that we are relinquishing any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
- Ettesaq’s Intellectual Property
“Intellectual Property Rights” means any and all now-known or hereafter-known tangible and intangible, available under the pertinent jurisdiction (a) rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights, and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secret rights and other informational rights including but not limited to know-how rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the world and however designated, including logos, “rental” rights, and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions, or reissues hereof now or hereafter in force (including any rights in any of the foregoing).
The Website and content provided on the Website, including, without limitation, design, graphics, pictures, video, information, software, and other files (the “Content”), are the Intellectual Property of Ettesaq and/or authorized by Ettesaq to be reproduced and located at this Website. All Intellectual Property Rights not otherwise claimed under the Terms or by Ettesaq are hereby reserved. Except as expressly permitted by applicable law or as authorized by Ettesaq in writing, you agree not to use in any matter any materials of this Website.
- Use of The Website
You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of this Website. Therefore, delays and disruptions of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
You agree to use the Website in compliance with all applicable laws and regulations, including, without limitation, export/import rules, sanction restrictions, and in a manner that does not negatively reflect on the goodwill of Ettesaq or negatively influence the performance, availability, or accessibility of the Website.
You must not:
- use this Website or its contents for any unauthorized purpose;
- violate third-party rights on this Website;
- upload, post, send, submit, publish or transmit material that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- upload, post, send, submit, publish or transmit material that you do not have the right to post, including material that infringes or violates any third-party rights;
- upload, post, send, submit, publish, or transmit material that violates any law or regulation;
- conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to our Website without our express prior written consent;
- upload, post, send, submit, publish, or transmit any unsolicited or unauthorized advertising or promotional materials that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation of a commercial endeavor;
- upload, post, send, submit, publish or transmit material that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
- collect and store personal information of other users without their proper authorization or impersonate any person or entity without their consent;
- otherwise violate these Terms.
As a general rule, we do not request our users to register an account on the Website. However, you must create an account to use certain services. When creating an account on the Website, you agree to provide your true, accurate, and complete contact details and other requested information. You agree to update your contact details and information.
You are responsible for security of your account on the Website and your password. You are solely responsible for any actions (and their consequences) in and with services through your account.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third-party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with the Terms and any other rules of user conduct for our Website, including conduct that is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else’s use and enjoyment of the Website or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may, at any time and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- No Warranties
Any access and use of the Website is at your own risk. We will not be liable to you if the Website, service, and Contents are inaccessible or unavailable in whole or in part for any reason beyond our reasonable control or when we carry out maintenance, upgrades, developments, or the like.
All materials and services on this website are provided “AS IS” and “AS AVAILABLE” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that: (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from the Website, from us, or from our affiliates will meet your expectations or be free from mistakes, errors, or defects.
This Website could include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the materials and services at this website, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this Website may be out of date, and we make no commitment to update such materials or services.
The use of the services or the downloading or other acquisition of any materials through this website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
Under no circumstances shall Ettesaq be liable to any person or entity whatsoever for any direct, indirect, incidental, consequential, or punitive damages or losses.
Under no circumstances shall Ettesaq be held liable for any delay or failure or disruption of the content or service delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, server errors, misdirected or redirected transmissions, electrical power failures, or other force majeure circumstances.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Ettesaq and its Affiliates harmless from any and all claims, damages, losses, or liabilities, including reasonable attorney fees and expenses, made by any third party due to or arising out of any action, inaction, or omission by you.
- Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breaching the Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Nevertheless, the Terms survive the termination of use to all applicable legal relationships.
- Participation in Promotions
From time to time, this Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
- Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
- International Use
Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside Saudi Arabia. Accessing the Website from territories where the content is illegal is prohibited. Those who choose to access this Website from other locations do so of their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
- Third Party Websites
This Website may contain links to websites operated by parties other than Ettesaq. We do not control such links and are not responsible for their contents or the privacy or other practices of such websites.
- Applicable Law
We control this Website (excluding any linked websites) from our offices within Saudi Arabia. It can be accessed from other countries around the world. As each of these places has laws that may differ from those in Saudi Arabia, by accessing this Website, both of us agree that the statutes and laws of Saudi Arabia, without regard to the conflicts of other laws and principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of products and services available therein. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of Saudi Arabia Courts with respect to any matters.
- Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. The Terms may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Website is in conflict or inconsistent with the Terms , the Terms shall take precedence.
Nothing in these Terms shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchisor-franchisee, or any other relations not directly stated in these Terms.
If any provision of the Terms is held to be invalid, the remaining provisions shall remain valid and be enforced.
You may not assign or transfer these Terms without prior written consent from Ettesaq. Ettesaq may assign or transfer these Terms, in its sole discretion, without restriction.
We may disclose the user’s contact information, if requested by a government or law enforcement body, or as a result of a legal action.
All notices to a party shall be in writing and shall be made either via e-mail. Notices to us must be sent to the attention of Customer Service at [email protected]. Notices to you may be sent either to the e-mail address supplied by you for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you.
- Modifications to the Terms
In any action to enforce the Terms , the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under the Terms to any party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under the Terms.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- Contact us
We encourage you to provide us with feedback, comments, and suggestions for improvements to the Website, our service, and Contents. Please contact us at [email protected]