Terms & Conditions
Open Iftar and OpenIftar.com Terms of Use Agreement
Open Iftar is a social networking platform that allows Members or account holders to post Iftar and other social gathering events and visitors to find and participate in such events.
This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of Open Iftar Services. By accessing and/or using Open Iftar Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse Open Iftar Services, including, without limitation, through a mobile or other wireless device, or otherwise use Open Iftar Services without being registered) or you are a "Member" (which means that you are an account holder and have registered with Open Iftar). The term "User" refers to the Visitor and/or Member. You are authorized to use Open Iftar Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or using Open Iftar Services, you must indicate your acceptance of this Agreement during the registration process.
Open Iftar reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the OpenIftar.com website. Your continued use of Open Iftar Services following any such posted modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of Open Iftar Services immediately.
1. Eligibility. Use of Open Iftar Services and registration to be a Member or account holder of Open Iftar Services (“Membership”) is void where prohibited. By using Open Iftar Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of Open Iftar Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, or if we believe that the information submitted was not truthful.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use Open Iftar Services or are a Member. You may terminate your Membership at any time, for any reason, by contacting Open Iftar. Open Iftar may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Open Iftar reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of Open Iftar Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, Open Iftar reserves the right, in its sole discretion, to reassign or rename your account and/or event URL. Open Iftar expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of Open Iftar Services if Open Iftar determines, in its sole discretion, that you have violated this Agreement.
3. Fees. You acknowledge that Open Iftar reserves the right to charge for any portion of Open Iftar Services and to change its fees (if any) from time to time in its discretion. If Open Iftar terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Open Iftar immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. Open Iftar Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Open Iftar. Open Iftar reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of Open Iftar Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email (SPAM) or unauthorized framing of or linking to Open Iftar Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Open Iftar reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of Open Iftar Services.
6. Proprietary Rights in Content on Open Iftar.
6.1 Open Iftar does not claim any ownership rights in any materials "Content" that you transmit, submit, display or publish (“post”) on, through or in connection with Open Iftar Services. After posting your Content on, through or in connection with Open Iftar Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with Open Iftar Services, you hereby grant Open Iftar a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with Open Iftar Services worldwide. This limited license does not grant Open Iftar the right to sell or otherwise distribute your Content outside of Open Iftar Services or Linked Services. Open Iftar is under no obligation to delete Content, and therefore posted content may and/or will continue to appear and be used indefinitely unless deemed inappropriate by Open Iftar.
6.2 The license you grant to Open Iftar is non-exclusive (meaning you are free to license your Content to anyone else in addition to Open Iftar), fully-paid and royalty-free (meaning that Open Iftar is not required to pay you or anyone else deriving rights from you for the use on Open Iftar Services of the Content that you post), sublicensable (so that Open Iftar is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide Open Iftar Services), and worldwide (because the Internet and Open Iftar Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on, through or in connection with Open Iftar Services, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with Open Iftar Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through Open Iftar Services and/or Linked Services.
6.4 Open Iftar Services contain Content of Open Iftar ("Open Iftar Content"). Open Iftar Content is protected by copyright, trademark, patent, trade secret and other laws, and Open Iftar owns and retains all rights in Open Iftar Content and Open Iftar Services. Open Iftar hereby grants you a limited, revocable, nonsublicensable license to reproduce and display Open Iftar Content (excluding any software code) solely for your personal use in connection with viewing Open Iftar Website and using Open Iftar Services.
6.5 Open Iftar Services contain Content of Users and other Open Iftar licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through Open Iftar Services.
6.6 Open Iftar performs technical functions necessary to offer Open Iftar Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout Open Iftar Services. In addition, you agree and acknowledge that Open Iftar may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with Open Iftar Services.
6.7 Open Iftar reserves the right to limit the Content that you post on, through or in connection with Open Iftar Services.
7. Content Posted.
Your Open Iftar posting and account data may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, content provided by Open Iftar Members may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Open Iftar assumes no responsibility or liability for this material. If you become aware of misuse of Open Iftar Services by any person or Linked Service, please contact Open Iftar immediately.
7.1 Open Iftar may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Open Iftar violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity. Open Iftar assumes no responsibility for monitoring Open Iftar Services for inappropriate Content or conduct. If at any time Open Iftar chooses, in its sole discretion, to monitor Open Iftar Services, Open Iftar nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on, through or in connection with any of Open Iftar Services, and any material or information that you transmit.
8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with Open Iftar Services. Open Iftar reserves the right to investigate and take appropriate legal action against anyone who, in Open Iftar's sole discretion, violates this provision, including, without limitation, removing the offending Content from Open Iftar Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Open Iftar:
8.1 is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people or is designed to solicit personal information from anyone;
8.4 publicly posts information that poses or creates a privacy or security risk to any person;
8.5 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.6 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
8.7 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.8 furthers or promotes any criminal activity or enterprise;
8.9 involves commercial activities and/or sales without prior written consent from Open Iftar such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.10 includes a photograph or video of another person that you have posted without that person's consent;
8.11 violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on Open Iftar Website and through your use of Open Iftar Services. Open Iftar reserves the right to investigate and take appropriate legal action against anyone who, in Open Iftar's sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.12 criminal activity of any kind;
8.13 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of Open Iftar Services;
8.14 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.15 modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from Open Iftar Services other than your Content which you legally post on, through or in connection with Open Iftar Services;
8.16 providing or using “tracking” or monitoring functionality in connection with Open Iftar Services, including, without limitation, to identify other Users’ views, actions or other activities on Open Iftar Services;
8.17 covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on any Open Iftar page via HTML/CSS or any other means;
8.18 any automated use of the system, such as, but not limited to, using scripts to add Members, events, send comments or bulletins;
8.19 interfering with, disrupting, or creating an undue burden on Open Iftar Services or the networks or services connected to Open Iftar Services;
8.20 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.21 selling or otherwise transferring your profile;
8.22 using or distributing any information obtained from Open Iftar Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.23 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of Open Iftar Services on behalf of that person, such as placing commercial content on your profile or links to sites (other than your personal or organization site as related to your posting) not authorized by Open Iftar;
8.24 using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from Open Iftar Website for the purposes of sending unsolicited or unauthorized material;
8.25 engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
8.26 using Open Iftar Services in a manner inconsistent with any and all Applicable Law.
9. Member Disputes. You are solely responsible for your interactions with other Open Iftar Users or any other parties with whom you interact through Open Iftar Services. Open Iftar reserves the right, but has no obligation, to become involved in any way with these disputes.
10. Privacy. Use of Open Iftar Services is also governed by our Privacy Policy herein. Your personal information (such as your ID, email address and password) is for the sole use of Open Iftar and is not shared with third parties. Any and all information or content you post is intended for public viewing and/or access and by posting it you expressly intend and acknowledge that you are making such information public. Any event posted may be publicly accessible from the time it is posted. Any event you post may be edited from your account management screen up to and until one day before the date of the event. Any event past the date of listing may not be editable and may remain publicly accessible in perpetuity in full or in summary, and can only be deleted at the sole discretion of Open Iftar. Any information that you deem confidential should never be posted Open Iftar.
11. Disclaimers. Open Iftar is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with Open Iftar Services, and such User Content does not necessarily reflect the opinions or policies of Open Iftar. In addition, Open Iftar is not responsible for any damage, injury or loss caused by Users of Open Iftar Services. Content created and posted by Members on, though or in connection with Open Iftar Services may contain links to other websites or services. Open Iftar is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Open Iftar. Inclusion of any linked website or service on Open Iftar Services does not imply approval or endorsement of the linked website or service by Open Iftar. When you access these third party sites and services, you do so at your own risk. Open Iftar takes no responsibility for third party advertisements that are posted on, through or in connection with Open Iftar Services, nor does it take any responsibility for the goods or services provided by these third parties. Open Iftar is not responsible for the conduct, whether online or offline, of any User of Open Iftar Services. Open Iftar assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Open Iftar is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of Open Iftar Services, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with Open Iftar Services. Under no circumstances shall Open Iftar be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of Open Iftar Services or Linked Services, attendance at a Open Iftar event, from any User Content posted on or through Open Iftar Services, or from the conduct of any Users of Open Iftar Services, whether online or offline. Open Iftar Services and Linked Services are provided "AS-IS" and as available and Open Iftar expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Open Iftar cannot guarantee and does not promise any specific results from use of Open Iftar Services.
12. Limitation on Liability. IN NO EVENT SHALL OPEN IFTAR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OPEN IFTAR SERVICES OR LINKED SERVICES, EVEN IF OPEN IFTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Virginia, without regard to its conflict of law provisions. You and Open Iftar agree to submit to the exclusive jurisdiction of the courts located within the State of Virginia to resolve any dispute arising out of the Agreement or Open Iftar Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
14. Indemnity. You agree to indemnify and hold Open Iftar, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of Open Iftar Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with Open Iftar Services.
15. Other. This Agreement is accepted upon your use of Open Iftar Website or any of Open Iftar Services and is further affirmed by you becoming a Member. Your agreement with Open Iftar will always include this Agreement at a minimum. The failure of Open Iftar to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Open Iftar is a trademark of Technology Matrix Group Ltd. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
To contact us regarding any questions about this Agreement, please use the Contact Open Iftar form on our Help site.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
