1.SCOPE OF AGREEMENT
This Terms of Use Agreement ("Agreement") by and between International Islamic Finance
and Insurance Institute ("we", "us", "our" or "IIFII") and you ("you" , "your" or "User") governs
your use of the www.iifii.org web site ("Site") together with all information, content, products,
materials and services made available to you through the same by us and/or third parties
(which together with the Site shall be collectively referred to as the "Services"). By using or
otherwise accessing the Services, or any component thereof, in any manner whatsoever,
you agree to be bound by and comply with the terms and conditions of this Agreement. If
you do not agree to this Agreement, do not access or use the Services in any manner.
When we refer to the "use" of the Services in this Agreement, we mean any actual or
attempted access or use of the Services, including, without limitation, any transmission,
exchange of information or communication associated with the Services. These terms and
conditions, together with the other terms of use applicable to other IIFII-owned or controlled
web sites and any other policies, rules and provisions which are described, linked or
otherwise referred to and form a part of this Agreement, including, without limitation to
our Privacy Policy, constitute the entire agreement between you and us, superseding any
and all prior or inconsistent understandings, representations or agreements regarding the
Services.
IIFII reserves the right to modify the terms of this Agreement at any time, and will post a
notice of such changes. The changes become effective immediately upon posting (the
"Effective Date"). If any change to the Agreement is not acceptable to you, you must stop
using the Services. Your use of the Services after the Effective Date shall constitute your
acceptance of such changes. If we make any new products or services available, they will
be considered a part of the Services and your use of them will be governed by the terms
and conditions of this Agreement unless we notify you that different terms and conditions
apply. You must also comply with any additional terms which apply to third-party content,
material, information, software or other services.
2.DEFINITIONS
2.1 The term "Collaborative Content" refers to User Content posted on or to the Interactive
Services sections of the Site for the purposes of collaboration with other Users.
2.2 The term "Interactive Services" refers to message boards, chat boards, blogs, virtual
communities, and other interactive media made available by IIFII available via the Site.
2.3 The term "IIFII Intellectual Property" refers to, all text, graphics, images, trademarks,
logos, button icons, programs, software and other data, content, information and materials,
tangible and intangible, and all intellectual property rights in and to the same which are
owned by IIFII or licensed to IIFII by third parties. This includes but is not limited to IIFII
Content and IIFII Trademarks.
2.4 The term "IIFII Trademark(s)" refers to all trademarks and service marks owned by IIFII.
2.5 The term "IIFII" refers to INTERNATIONAL ISLAMIC FINANCE AND INSURANCE
INSTITUTE.
2.6 The term "IIFII Content" refers to copyrighted content owned by IIFII or other
copyrighted content owned by third-party partners of IIFII.
2.7 The term "Services" refers to all information, content, products, materials and services
made Available to you by IIFII and/or affiliated third parties via the Site
2.8 The term "Site" refers to the website www.iifii.org, which is owned and operated by
International Islamic Finance & Insurance Institute.
2.9 The term "User Content" refers to all information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, or other materials posted on or to the
Interactive Services sections of the Site by Users.
2.10 The terms ''you'', "your" and/or ''user'' refer to any individuals and/or entities accessing
the Site for any reason.
3.OWNERSHIP AND USE OF IIFII INTELLECTUAL PROPERTY
3.1 Ownership and Use. IIFII Intellectual Property, which excludes the User Content you
upload, post or otherwise transmit via Interactive Services (the "IIFII Intellectual Property"),
is owned by IIFII or licensed to us by our third party partners. IIFII Intellectual Property does
include, however, any content developed and/or posted via the Interactive Services that has
been created in whole or in part by IIFII. You have no rights in or to such IIFII Intellectual
Property and you agree you will not copy, retransmit, reproduce, publish, create derivative
works based upon or otherwise transmit any IIFII Intellectual Property, except as specifically
permitted under this Agreement.
3.2 IIFII Content. As a courtesy to our customers and members, we have posted to the Site
certain IIFII Content. Unless otherwise specifically set forth on the Site or we give you
written permission, you may only use and access, download and copy the IIFII Content (and
print a single copy) for your personal use, and you agree you will not alter, erase or
otherwise obscure our copyright, proprietary or other notices on the IIFII Content. You may
not do or allow anyone else to do anything with the IIFII Content which is not specifically
permitted under this Agreement. You acknowledge and agree that the IIFII Content is made
available for informational and educational purposes only without representation or warranty
of any kind and is not a substitute for legal advice or your professional judgment. Your
reliance upon IIFII Content obtained by you on or through the Services is solely at your own
risk. All rights not expressly granted in this Agreement are reserved to IIFII.
3.3 Permission to Use IIFII Content. You may request permission to a portion of IIFII
Content owned by IIFII. We reserve the sole discretion to determine whether, and upon
what terms, IIFII Content will be licensed. Depending on the nature and scope of intended
use licensing fees may apply.
3.4 Trademarks: The IIFII Trademarks ("Marks") appearing on this site may not be used in
any advertising or publicity, or otherwise to indicate IIFII’s sponsorship of or affiliation with
any product or service, without IIFII's prior express written permission. You are prohibited
from using IIFII Marks or any names, marks, or other materials in a manner that is likely to
cause confusion or dilute or damage the reputation or image of IIFII. You agree you will not
alter any IIFII Mark in any manner to make it appear that IIFII is endorsing, sponsoring,
authorizing or affiliated with you, your company, or any third party, except as expressly
permitted in writing by IIFII. Additionally, you agree to be bound by and to follow the terms
of IIFII's Trademark Usage.
4.LINKS
4.1 Links to Third Party Sites. As a courtesy to Users, we may provide links to other
websites or resources owned and operated by third parties. Because we have no control
over such sites and resources, you acknowledge and agree that we are not responsible for
the availability of such external sites or resources, and do not endorse and are not
responsible or liable for any content, advertising, products, services or other materials on or
otherwise made available via such sites or resources. You further acknowledge and agree
that we shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any such
content, goods or services made available on or through any such site or resource.
5.MESSAGE BOARDS, CHAT BOARDS, BLOGS, VIRTUAL
COMMUNITIES and OTHER INTERACTERIVE MEDIA ("INTERACTIVE
SERVICES")
5.1 In connection with your use of the Services, you may have access to and use of
discussion groups, chat rooms, message boards, blogs, virtual communities, wikis and
other collaborative websites, and other interactive functionality ("Interactive Services"). If
you participate in or use any Interactive Services, you are responsible for User Content you
upload, post, link to or otherwise transmit (collectively "transmit") and the consequences
thereof. If you choose to transmit any User Content using such Interactive Services, you
agree that you own or have a license to post the User Content to the Site and do so solely
for lawful purposes and in compliance with all applicable laws. You expressly agree that we
have no responsibility for or control over the User Content you may transmit using these
Interactive Services. Additionally, we do not represent, warrant or guarantee the
truthfulness, accuracy, quality, or reliability of any of the User Content posted, displayed,
linked to or otherwise transmitted via any Interactive Services. We also do not endorse any
opinions expressed in or through any Interactive Services. You agree that you must
evaluate, and bear all risks associated with, the use of any User Content, including any
reliance on the accuracy, completeness, or usefulness of such User Content.
Although we do not actively monitor, regulate or pre-screen your use of the Services, we
reserve the unconditional right (but not the obligation) to remove, move or edit any User
Content we consider in our sole discretion to be harmful, offensive, disruptive, in violation of
law, regulation or any agreement, including, without limitation, which is or may be in
violation of this Agreement. We have no liability or responsibility to you or any other person
or entity for performance or nonperformance of such monitoring activities.
Additionally, you agree to:
not post, email, upload, transmit or otherwise make available any content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
not impersonate any person or entity;
not post, email, upload, transmit or otherwise make available any content that harms
minors in any way;
not forge headers or otherwise manipulate identifiers in order to disguise the origin of any
User Content transmitted through the Site;
not post, email, upload, transmit or otherwise make available any content that you do not
have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure agreements);
not post, email, upload, transmit or otherwise make available any content that infringes
the intellectual property rights of any party;
not post, email, upload, transmit or otherwise make available any content comprising any
unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of commercial solicitation;
not post, email, upload, transmit or otherwise make available any content comprising any
material that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users
of the Site are able to type, or otherwise act in a manner that negatively affects other
users' ability to engage in real-time exchanges;
not interfere with or disrupt the Site or servers or networks connected to the Site, or
disobey any requirements, procedures, policies or regulations of networks connected to
the Site;
not intentionally or unintentionally violate any applicable local, state, national or
international law;
not "stalk" or otherwise harass any person;
not collect or store personal data about other users; or,
not advertise or solicit anyone to buy or sell products or to make donations of any kind
absent prior written approval from IIFII.
not to make negative or disparaging references to IIFII, its services or its members or
otherwise compare IIFII, its services or its members unfavorably to others
5.2 License to IIFII. You hereby grant to IIFII a non-exclusive, worldwide, royalty-free,
irrevocable perpetual license (with right to sublicense) to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any User Content you
submit via the Interactive Services by all means and in any media now known or hereafter
developed, solely for the purposes for which such User Content was submitted.
5.3 Use of Content Posted by Other Users. Copyright in the User Content posted, with the
exception of Collaborative Content, shall remain with the User or third party who has posted
or consented to posting the User Content on the Site. You have no rights in or to such User
Content posted by other Users and you agree you will not copy, reproduce, publish, create
derivative works based upon or otherwise retransmit any User Content without the express
written permission of the owner of such User Content.
Collaborative Content posted by Users for the purposes of collaboration may be modified,
reproduced, distributed, transmitted or otherwise used by other Users and is not subject to
the limitations on User Content listed in the paragraph above. Such Collaborative Content
shall be considered in the public domain and freely available to be used, distributed or
modified by the other Users of the Site. For the purposes of distinguishing User Content
from Collaborative Content, any Collaborative Content shall be clearly marked as such
and/or shall be submitted via areas of the Site facilitating User collaboration.
6.COPYRIGHT COMPLIANCE AND COMPLAINTS
6.1 IIFII respects the intellectual property rights of others. IIFII may, under appropriate
circumstances and at its discretion, disable and/or terminate access to or use of the Service
for those users who may be infringing the intellectual property rights of others. You agree to
abide by the terms of the IIFII and refrain from the following: (a) circumventing IIFII's access
control measures to copyrighted works; (b) posting or otherwise offering circumvention
technology through IIFII's website or web services; (c) posting links or references to an
online location that contains circumvention technology; or (d) engaging in other activities in
violation of the IIFII TERMS. IIFII has the right to terminate the membership of any User
found in violation of the IIFII TERMS or other provision of the copyright laws.
7.COMPLIANCE WITH THE IIFII TERMS
7.1 The User agrees to abide by any TERMS set by IIFII, which are the final resort to settle
issues of any kind relating to the use of IIFII website. These terms are designed and set by
IIFII which also includes any or all conditions other than these Terms of Use.
8.REGISTERED USERS ACCOUNT, PASSWORD AND SECURITY
8.1 In consideration of your use of the Site, you represent and warrant that you are of legal
age to form a binding contract and are not a person barred from receiving services under
the laws of the applicable jurisdiction. You also agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the relevant portions of the Site
(the "Registration Data") and (b) maintain and promptly update your Registration Data to
keep it true, accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or IIFII has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, IIFII has the right to suspend or
terminate your access to the Site and refuse any and all current or future use of the Site, or
any portion thereof.
8.2 You are solely responsible for maintaining the strict confidentiality of your User IDs and
passwords and for any charges, damages, liabilities or losses incurred or suffered as a
result of your failure to do so. We are not liable for any harm caused by or related to the
theft of your User IDs/passwords, your disclosure of your User IDs/passwords, or your
authorization to allow another person to access and use the Services using your User
IDs/passwords. You agree to immediately notify us if you become aware of any
unauthorized use of your User IDs/passwords or other need to deactivate a User
ID/password due to security concerns.
9.IIFII PAYMENTS
All payments made to IIFII in any shape are non-refundable and non-transferable. All types of taxes, related expenses and collection charges shall be borne by the payers. IIFII reserves the right not to provide or discontinue its services, in case of any dispute, malafide actions or activities by the payees.
10.DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CONTENT ON THE SITE
(INCLUDING BUT NOT LIMITED TO ALL IIFII INTELLECTUAL PROPERTY, TEXT,
MATERIALS, SOFTWARE, FUNCTIONS, SERVICES, AND INFORMATION MADE
AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) IS PROVIDED AS IS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL IIFII BE LIABLE IN ANY
WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR
OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED
OR OTHERWISE MADE AVAILABLE VIA THE INTERACTIVE SERVICES. IIFII DOES
NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, OR ANY
SITE LINKED TO THE SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS
RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE
OR ANY INFORMATION PROVIDED BY IIFII OTHER THAN THROUGH IIFII WEBSITE.
11.LIMITATION OF LIABILITY AND RELEASE
TO THE MAXIMUM EXTENT NEITHER IIFII, ITS LICENSORS, SUPPLIERS, PARTNERS,
AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS, MEMBERS, OFFICIALS,
EMPLOYEES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF
OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE AND
SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM
OR WHETHER OR NOT IIFII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A
RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY
DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU
HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM,
DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY
PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY
CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE,
KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE
OR NOT, DISCLOSED OR UNDISCLOSED.
12.INDEMNITY
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs
or damages (including our reasonable attorneys' fees, expert fees' and other reasonable
costs of litigation) arising from, incurred as a result of, or in any manner related to any claim
or action based upon (a) your breach of the terms and conditions of this Agreement, (b)
your use of the Services, and/or (c) the use of the Services by any other person using your
IDs. We may, if necessary, participate in the defense of any such claim or action and any
negotiations for its settlement or compromise. No settlement which may adversely affect our
rights or obligations shall be made without our prior written approval. We reserve the right,
at our own expense and upon notice to you, to assume exclusive defense and control of
any such claim or action and then your corresponding indemnification obligation will end.
13.RIGHT TO TERMINATE AND/OR TO BLOCK ACCESS
IIFII reserves the right to terminate, block or restrict your access to or use of the Site for any
breach or violation of any term(s). In such event, we may terminate this Agreement, restrict,
suspend or terminate your access to and use of the Services immediately and without
notice or liability, with or without cause, and it will not limit any other rights or remedies
which are available to us. You may terminate this Agreement by providing us with written
notice of your termination and ceasing to use or access the Services. Termination is your
sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective
date of any such termination, your right to access and use the Services shall immediately
cease.
14.GOVERNING LAW/JURISDICTION/DISPUTES
14.1 This Agreement shall be governed in accordance with the laws of the Islamic Republic
of Pakistan. Additionally, you also agree that the UN Convention on Contracts for the
International Sales of Goods and the Uniform Computer Information Transactions Act
(UCITA) will not apply to this Agreement or any interpretation or disputes relating thereto.
15.ASSIGNABILITY
This Agreement is personal to you, and you may not assign this Agreement or the rights
and obligations hereunder to any third party without the prior express written approval of
IIFII.
16.WAIVER
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent
default of the same of other provisions of this Agreement.
17.SURVIVAL OF TERMS
Any provision of this Agreement which by its nature must survive the termination of this
Agreement in order to give effect to its meaning shall survive such termination, including but
not limited to the ownership, intellectual property rights and licensing provisions set forth in
this Agreement.
18.LIMITATION ON ACTIONS
You agree that regardless of any applicable law providing for a statute of limitations to the
contrary, any claim or cause of action arising out of or related to the use of the Site or
Services, or otherwise relating to this Agreement, must be filed within three (3) days after
the claim or cause of action arose, or will be forever barred.
19.ENTIRE AGREEMENT
This Agreement constitutes the entire understanding of the Parties, and revokes and
supersedes all prior agreements between the Parties and is intended as a final expression
of their agreement. It shall not be modified or amended except in writing signed by the
Parties hereto and specifically referring to this Agreement. This Agreement shall take
precedence over any other documents which may conflict with this Agreement, including
any terms/conditions posted by Users via the Interactive Services.
