In the name of Allāh ﷻ The Most Gracious, The Ever Merciful. All Praise is due to Allāh ﷻ and His Peace and Salutations upon The Best of Creation, our Master, Muḥammad ﷺ, and upon his Family and Companions.
Date of Last Revision: October 26, 2015
All Fajr WakeUp and iUnlock brands, apps, products, services, websites etc. will be reffered to as ”Service”. We do not own brands, trademarks, products, apps, websites etc. related to i.e. Apple, Inc., Google, Android.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Fajr WakeUp, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of our servers, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, including any of our accounts not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to us.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Because we provide a large range of services, we may ask you to review and accept supplemental terms that apply to your interaction with our Service.
You acknowledge and agree to the following:
- The App(s) are licensed, not sold to you, and you may use the Service only as set forth in the Terms;
- The Service is provided “as is” without warranties of any kind and Fajr WakeUp’s liability to you is limited; and
- Disputes arising hereunder will be resolved by binding arbitration, AND BY ACCEPTING THE TERMS, YOU AND FAJR WAKEUP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under the Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Dispute Resolution and Arbitration provision below for the details regarding your agreement to arbitrate any disputes with us.
USE OF THE SERVICE
Subject to the Terms (including without limitation your compliance with the Terms), you have the limited, non-exclusive, non-transferable, non-sublicensable, revocable right to download and install a copy of the App(s) from a legitimate marketplace (such as Apple’s App Store or Google Play) to your mobile device, and to access and use the Service, in each case, for your own personal use. You may not: (i) copy, modify, or create derivative works of the Service (or any part thereof) for any purpose; (ii) distribute, publicly display, publicly perform, transfer, sell, sublicense, lease, lend, rent or otherwise make available the Service (or any part thereof) to any third party; (iii) decompile, reverse-engineer, disassemble or interfere with or circumvent the Service (or any part thereof), including without limitation any security or access control mechanism (except to the extent such a restriction is impermissible under applicable law); or (iv) use the Service (or any part thereof) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms.
Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service.
Certain features of our Service may be subject to additional terms or conditions, which will be posted with those features. Such terms and conditions are incorporated by reference into the Terms.
In order to download the App, you may be required by third parties who are providing services in connection with the App, such as Apple, Inc. or Google (each, a “Service Provider”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Service Provider. Your access and use of any account with a Service Provider, including without limitation in connection with the Service, is subject to any terms, conditions, and policies, including privacy policies, of that Service Provider. We are not responsible for any act or omission of any Service Provider. We do not provide you with the equipment to access or use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your access and use of the Service (such as voice, data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier. If your device is lost or stolen, you must notify us immediately to suspend services.
CREATING AN ACCOUNT
In order to access and use the Service, you may need to register and create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract, have not previously been suspended or removed from the Service and are not a person barred from receiving the Service under the laws of applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself and will establish a username and a password. We reserve the right to remove or reclaim a username if we believe it is appropriate, for example, if your username suggests that you are a person other than yourself.
You agree to provide and maintain accurate, current and complete information about your Account.
When creating an Account, do not:
- Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
- Use a username that is the name of another person with the intent to impersonate that person;
- Use a username that is subject to rights of another person without appropriate authorization; or
- Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading, or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account. If you have reason to believe that your Account (including without limitation your mobile phone) is no longer secure, then you must immediately notify us at [email protected].
You can link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Service. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
Access to the Service, or to certain features of the Service, may require you to pay fees to a Service Provider. If you have any questions or issues with such payments, please contact the applicable Service Provider.
- Information we collect
- How we use the information we collect
- How we share the information we collect
- Accessing and modifying your information
- Your preferences
- International users
- Our policy towards children
- How we protect your information
- Changes to this policy
- How you can contact us
WHAT INFORMATION DO WE COLLECT?
In order to provide you with our Services, we collect certain information from you when you register and interact with our Services. The information we gather falls into two categories: information you actively provide (for instance when you create an account), and information we collect through your use of our Services.
Information You Provide
- Registration and Profile Information. When you register for an account, we will ask for a username, email address, your birthday, gender and a password. You may also provide additional information such as a profile picture and a real name.
- With your permission, we may collect from your mobile address book contacts, including names, telephone numbers, email addresses, and social media handles, if available.
- Information You Post. We collect information or other content that you may post using our Services (such as text, photos, videos, locations, friends you are with etc.) or actions that you take using our Services (such as commenting on friends’ content, changing your profile picture, or connecting to third-party apps). We collect this information whether you post it directly to our Services or via a third-party service. When you post things like photos or videos on our Services, we may receive additional related data (or metadata), such as the time, date, and place you took the photo or video.
- Other Services: We receive information when you choose to connect social media or other third party accounts and applications with your account, including a token to authenticate your identity between these accounts.
- Communications: We receive the messages you send to and receive from other users of our Services. We also will receive any communications between you and Fajr WakeUp relating to our Services.
- Payment Information: We do not collect credit card information. Purchases for for our premium services are handled by third party app stores such as Apple’s App Store and Google Play, among others. We are not responsible for the policies and practices of such app stores.
Information Others Share About You:
We may receive information about you from other users, such as when they connect their address book to our Services, invite you to use our Services, post a photo of you, or include you in a moment or at a location.
Information We Receive From Your Use of Our Services.
- Usage Information: We also collect certain information when you use our Services, including: (1) information about your interaction with the Services, including the actions you take on the Services and your interaction with other users, third party applications, and advertisements; and (2) device information, such as unique device identifiers, wireless service provider or mobile carrier, operating system information, IP address, browser type and language.
- Location Information: We will collect location information if you provide it to us or based on, for example, your telephone’s GPS coordinates, unless you configure your operating system settings to prevent our collection of location information.
- Cookies and Other Tracking Technologies: We may also collect certain information through the use of “cookies” and other tracking technologies. Cookies are small files that your browser places on your computer. We may use session cookies, persistent cookies, and other tracking technologies to better understand how you interact with our Services, to monitor usage by our users and web traffic routing on our services, and to improve our Services. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting cookies from the websites you visit.
- Subscription Information: For Premium users, in addition to the information set forth above, we also collect the user’s subscription start and expiration date, and whether the subscription resulted from a particular promotion.
HOW DO WE USE THE INFORMATION WE COLLECT?
We use this information for the purposes described below:
- To provide our Services or information you request;
- To personalize, improve, and promote our Services, such as providing content or features that match your profile or interests (including ads), and to monitor and analyze usage and trends;
- To help you to find and connect with your friends, including inviting them to use our Services, and to help your friends find you;
- To communicate with you through email or messages, notices posted on our Services, and other means available through the Services, including mobile text messages and push notifications. Examples of these messages include: (1) welcome and engagement messages; (2) a text message to enable you to verify your telephone number; (3) service-related messages such as notifications, confirmations, updates, and security alerts; and (4) promotional messages. We will also communicate with you to provide customer service; and
- For any other purpose for which the information was collected.
WHAT INFORMATION DO WE SHARE?
We will not share the information we have collected from you except as described below:
Sharing With Other Users
On Fajr WakeUp: Users will have access to information you include in your profile and content you post. Your comments, emotions, and other actions you take will display your location. Your name and profile picture will always be viewable by other users.
Third Party Applications
We will share your information, including personal information and location information with certain social networking or other third party applications or services, if you choose to connect them to our Services.
Service Providers and Other Third Parties.
We will share your information with service providers and other third parties who are working with us to perform functions and process user data on our behalf. We may share information with third party partners in order to understand how you interact with advertisements. To opt out of sharing information with third party partners for advertising purposes, please send an email to [email protected] from the email address you used to register your account. Service providers have access to your personal information only to perform services on our behalf and are obligated not to disclose it or use it for any other purposes. Some of these service providers and other third parties, such as analytics providers, may collect information about your online activities over time and across different websites or online services when you use our services. We are not responsible for the actions of third parties, nor are we responsible for any additional information you provide directly to any third parties.
Other Sharing. We will also share your information:
- When you give us your consent to do so;
- With our corporate affiliates;
- When we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests, including responding to lawful subpoenas, warrants or court orders;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of our business assets.
ACCESSING AND MODIFYING YOUR PERSONAL INFORMATION
You can access and modify certain profile information or delete content you have posted through our Services. You can permanently delete your account through our Services.
If you delete your account, we will permanently delete your account information and moments and we will delete your messages according to our regular retention schedule. Please note that we will continue to store certain information for analytics purposes, but that information will not include your personal information such as name, email address, or telephone number. We will also retain any information as required by law. Comments or emotions you make on content shared by others, or messages you send, may also remain visible to other users after you delete your account.
OUR POLICY TOWARDS CHILDREN
All users must be minimum 13 years of age. Our Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information of a child under 13, we will delete such information.
WHAT STEPS DO WE TAKE TO PROTECT YOUR PERSONAL INFORMATION?
We take reasonable measures to protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.
CHANGES TO THIS POLICY
Our Service allows you and other users to post, link, share and otherwise make available certain information, images, videos, text, speech, recordings, calls and/or other content (“Content”). You are responsible for the Content that you make available to the Service, including without limitation its legality, reliability, and appropriateness. You retain any and all of your ownership rights to any Content you make available on or through the Service and you are responsible for protecting those rights.
By making Content available on or through the Service, you grant us the perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, modify, publicly perform, publicly display, reproduce, and distribute such Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Without limiting the foregoing, you agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to the Terms. By making Content available on or through the Fajr WakeUp App, you grant us the perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to reproduce and distribute such Content to the intended recipient through the Fajr WakeUp App.
You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed on the Service and copies of your Content may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service.
You also have the option of permanently deleting your Account by visiting your Profile settings. If an App does not have Account settings, you can contact us to permanently delete your Account. If you delete your Account, we log you out of your Account and cease sending you push notifications, but we will save your information (including without limitation your Content) in case you later decide to reactivate your Account. Your profile and Content will still be visible by other users. Please note that we will continue to store certain information (including without limitation your Content) for analytics purposes. We will also retain any information (including without limitation your Content) as required by law. Comments or emotions you make on Content shared by others, or messages you send, may also remain visible to other users after you delete your Account.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and to grant us the right and license granted in the Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We ask that you respect our online community and other users when posting Content and using the Service. You agree not to:
- Submit material that violates a third party’s proprietary rights, including without limitation privacy and publicity rights, or that otherwise violates any applicable law;
- Publish falsehoods or misrepresentations that could damage us, our users or any third party;
- Publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
- Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Post advertisements;
- Impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals, including without limitation by use of our trademarks, service marks, logos, branding or names without express written authorization from us;
- Solicit a user’s password or other account information; or
- Harvest user names, addresses, or email addresses for any purpose.
This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with the Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we consider, in our sole discretion, to be in violation of the Terms or otherwise harmful to the Service.
Since the Service may not always be available and your Content on the Service may not always be available, you agree not to rely on the Service for the purposes of Content access, storage or backup. We will not be liable to you for any modifications, suspension or discontinuation of the Service or the loss of any Content.
CONTENT ON THE SERVICE
The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information or be offensive, indecent or objectionable. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, including relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content. If notified by a user or content owner that Content allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may contact us for further information.
We will promptly terminate the Accounts of users that are determined by us to be “repeat infringers.” A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had Content repeatedly removed from the Service.
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including without limitation spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, interfere or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers, including without limitation by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not permitted by the Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing; or (vii) interfere with any user’s enjoyment of the Service, including without limitation by (a) making unsolicited offers or advertisements to other users of the Service or (b) attempting to collect, personal information about users or third parties without their consent. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms
You agree to indemnify and hold us and our officers, directors, employees, consultants, affiliates, subsidiaries and agents harmless from and against any and all claims, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) we incur in relation to or arising from (i) your access to or use of the Service, (ii) your violation of the Terms or any applicable law or regulation, (iii) your violation of any rights of any third party, including without limitation intellectual property rights or rights of publicity, confidentiality, property or privacy; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
LINKS TO THIRD PARTY SITES
The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites. We may provide tools through the Service that enable you to export information, including without limitation Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.
CHANGES TO THE TERMS
We reserve the right, at our discretion, to change the Terms on a going-forward basis at any time. Please check the Terms periodically for changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an Account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under the Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
Our Service (including without limitation the App(s)) is protected by copyright, trademark, and other laws of Denmark and foreign countries. Except as expressly provided in the Terms, we exclusively own all right, title and interest in and to the Service (including without limitation the App(s)), including all associated intellectual property rights. Except as expressly provided in the Terms, you may not make use of the Service, and we reserve all rights to the Service. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service (including without limitation the App(s)). You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service (including without limitation the App(s)) (“Feedback”) will be our sole and exclusive property and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
If you breach any of the provisions of the Terms, your permission to use the Service will terminate automatically. Additionally, we have the right in our sole discretion to suspend or disable your access to or use of the App(s) and/or Service or to terminate your Account and the Terms at any time, with or without notice. You may terminate the Terms at any time, with or without notice, by deleting your Account and discontinuing all access to and use of the Service. If you or we terminate or delete your Account or terminate the Terms, you will promptly remove all copies of the App and parts thereof from your possession and control. Upon termination of the Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.
YOU UNDERSTAND AND AGREE THAT SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICE) ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICE) WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED OR SECURE BASIS OR BE FREE OF ERRORS OR HARMFUL COMPONENTS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICE) AND YOUR DEALINGS WITH OTHER SERVICE USERS.
LIMITATION OF LIABILITY
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO USD $100.00. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OBTAINED FROM THE SERVICE); (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
EACH PROVISION OF THE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE TERMS. THE LIMITATIONS IN THIS LIMITATION OF LIABILITY SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The Terms are governed by the laws of Denmark, without regard to any conflict of laws rules or principles. To the extent that any lawsuit or court proceeding is permitted under the Terms, you and Fajr WakeUp agree to submit to the personal and exclusive jurisdiction of the courts located within Denmark for the purpose of litigating all such disputes. We operate the Service from our offices in Denmark, and we make no representation that the Service is appropriate or available for use in other locations. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. Our failure to enforce any right or provision of the Terms will not be considered a waiver of those rights. If any provision of the Terms is held to be invalid or unenforceable by a court, the remaining provisions of the Terms will remain in effect. The Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
DISPUTE RESOLUTION AND ARBITRATION
In the interest of resolving disputes between you and Fajr WakeUp in the most expedient and cost effective manner, you and Fajr WakeUp agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND FAJR WAKEUP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the paragraph above, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action, (ii) pursue enforcement actions (iii) seek injunctive relief, or (iv) to file suit in a court of law to address intellectual property infringement claims.
CONSENT TO ELECTRONIC COMMUNICATIONS
QUESTIONS & CONTACT INFORMATION
Please contact us if you have any questions about our Terms. You may contact us by emailing us at [email protected]