Terms of Use

 

This Terms of Use/Service (the “ToS”) describes the terms on which Hajjseeker.com (“Hajjseeker”) offers you an account on the Web site located at hajjseeker.com (the “Site”). BY REGISTERING FOR AN ACCOUNT, YOU INDICATE YOUR ACCEPTANCE OF THIS TOS AND ITS TERMS AND ANY MODIFICATIONS THAT MAY BE MADE TO THE AGREEMENT OR ITS TERMS FROM TIME TO TIME. All uses of your account are governed by this ToS. Hajjseeker shall not be liable to you for any breach of the terms of this ToS. If you have any questions about your obligations under this ToS, email info@hajjseeker.com.

 

If you are under 13, Hajjseeker may not receive Content from you; please do not post to the Site. By posting Content on the Site, you represent that you are 13 years of age or older. 

 

1. Modifications To Terms Of Service. Hajjseeker reserves the right to revise, amend or modify the TOS at any time and in any manner at its sole discretion. Notice of any revision, amendment or modification of the TOS will be posted in this section of the Site, and any such revisions, amendment, or modifications will be effective upon the posting of such notice. Continued use of the Site by you constitutes your binding acceptance of such revisions, amendments, and modifications. If you do not agree to the TOS, please do not use the Site. Please check this section of the Site before using the Site to determine whether a change has been made to the TOS. If you do not agree to any changes in the TOS as they may occur, please arrange to terminate your registration with the Site immediately (i) by notifying Hajjseeker of your unwillingness to accept the changes to the TOS by emailing info@Hajjseeker.com; and (ii) by discontinuing your use of the Site. Your continued use of the Site will signify your acceptance of any change in the TOS set forth herein. From time to time Hajjseeker may supplement the TOS with additional terms (“Additional Terms”). You understand and agree that such Additional Terms are hereby incorporated by reference into the TOS. 

 

2. Submission Of Content. 

 

a. DEFINITION. Hajjseeker allows you to provide a review in the form of an opinion about Hajj and Umrah travel agencies/companies/groups (a “Review”) as well as adding a company (a “Listing”). A Review, Listing and any photographs, videos, and other materials you provide to Hajjseeker (by uploading such Content to the Site or otherwise) is defined as your “Content.” 

 

b. LICENSE. You retain all rights of ownership to your Content. By submitting Content to the Site, you grant to Hajjseeker a royalty-free, perpetual license to display and reproduce your Content online and offline and permit others (including without limitation, syndication, co-brand and content partners) to do the same. 

 

You are free to use your Content offline in any manner you choose. However, Hajjseeker attracts visitors to the Site by promising users accurate content in one place. In order to sustain this traffic draw, by submitting Content to the Site, you grant to Hajjseeker (and its sub-licensees) the exclusive right to display your Content anywhere online, except for the following circumstances: 

 

i) You may display your Review on any site which contains content contributed from 9 individual contributors or less, but you must include the following attribution in the display: “You can read this information at http://www.Hajjseeker.com” 

 

ii) You may display your Review in a forum other than those described above with express written consent from Hajjseeker. To request additional online rights to your Review you may email info@Hajjseeker.com. Hajjseeker reserves the right to grant or deny permission on a case-by-case basis as Hajjseeker deems appropriate in its sole discretion. 

 

 

c. PURSUIT OF INFRINGERS. If Hajjseeker identifies someone who is displaying your Content online in violation of this TOS and Hajjseeker wishes to take action against the infringer, Hajjseeker may contact you to seek your help with the action. However, Hajjseeker may also directly enforce your ownership rights in the Content against the infringer, and you authorize Hajjseeker to take any actions on your behalf that Hajjseeker reasonably deems necessary or appropriate to protect the parties’ respective rights. If Hajjseeker decides to sue the infringer, (1) Hajjseeker may join you as a co-plaintiff to the action, and (2) any resulting damages or settlements attributable to online uses of your Content shall be solely Hajjseeker’. 

 

d. REMOVAL OF CONTENT. Currently, Hajjseeker allows you to edit and delete your Content. At any time, without further notice, Hajjseeker may restrict your ability to edit or delete your Content. Please note that, irrespective of the foregoing, Hajjseeker may not be able to propagate changes you make to the Content to the corresponding version being displayed somewhere other than on the Site. 

 

 

e. USAGE GUIDELINES. You agree not to use the Site to: (a) upload, post, email, or otherwise transmit 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; (b) harm minors in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit Content that you do not have a right to transmit 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); (e) upload, post, email or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (g) upload, post, email, or otherwise transmit 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; (h) 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; (i) intentionally or unintentionally violate any applicable local, state, national or international law; (j) “stalk” or otherwise harass another; (k) write comments that in refer to person(s) under 18 years of age in an indecent or prurient manner; or (l) collect or store personal data about other users. 

 

You acknowledge that Hajjseeker does not pre-screen or filter Reviews but that Hajjseeker and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Site. Without limiting the foregoing, Hajjseeker and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content submitted to the Site. 

 

To report alleged violations of the Site Usage Guidelines as set forth in this Section 2e, please send us an email: info@Hajjseeker.com

 

You acknowledge and agree that Hajjseeker may preserve Content and may also disclose Content if required to do so by law or if Hajjseeker believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Hajjseeker, its users or the public. 

 

3. Your Registration Obligations. In consideration of your use of this Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hajjseeker has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hajjseeker has the right to suspend or terminate your account and refuse to offer you any and all current or future use of the Site (or any portion thereof). 

 

4. Privacy. Because your privacy is very important to Hajjseeker, the Site offers you a number of choices to facilitate decisions about how you’d like Hajjseeker to use and disclose your personal information. By accepting this TOS, you expressly consent to Hajjseeker’ disclosure and use of your personal information (including using email to communicate with you) as described in The Site’s then-current Privacy Statement, which is incorporated herein by reference. 

 

5. Indemnity. You agree to indemnify and hold Hajjseeker, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of this TOS, or your violation of any rights of another. 

 

6. No Resale Of The Site. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. 

 

7. Termination. You agree that Hajjseeker, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if Hajjseeker believes that you have violated or acted inconsistently with the letter or spirit of this TOS. Hajjseeker may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and you acknowledge and agree that Hajjseeker may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such information or to the Site. Further, you agree that Hajjseeker shall not be liable to you or any third-party for any termination of your access to the Site. 

 

8. Dealings With Advertisers Or Partners. Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that Hajjseeker shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site. 

 

9. Data and Links. Hajjseeker may provide access to third party data as part of the Service. In addition, Hajjseeker may provide, or third parties may provide, links to other World Wide Web sites or resources that are beyond Hajjseeker’ control. Hajjseeker makes no representations as to the quality, accuracy, suitability, functionality or legality of any sites to which links may be provided, or any data. You rely on any such sites or data at your sole risk, and you hereby waive any claim you might have against Hajjseeker, with respect to such sites and data. Hajjseeker is not responsible for the content on pages that are contained outside of the Site. 

 

10. No Warranty. THE SITE AND Hajjseeker’s SERVICES ARE PROVIDED “AS IS,” AND Hajjseeker AND ITS SUPPLIERS AND CO-BRAND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Hajjseeker does not promise or warrant to you that any aspect of the Site will be accurate or work properly or will be available continuously.

 

11. Liability Limits. IN NO EVENT SHALL Hajjseeker OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, ITS SERVICES OR THIS TOS. FURTHER, IN NO EVENT SHALL Hajjseeker OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $500.

 

12. Access Limits. Without Hajjseeker’ express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information. 

 

You agree that you will not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. 

  

14. Entire Terms of Service. This TOS (and any addenda or statements expressly incorporated into this TOS that you enter into) constitute the entire terms, and supersede the provisions of any other terms or understandings (oral or written), between the parties with respect to the subject matter of such documents. In the event of any conflict between the TOS and an addendum, the provisions of the addendum shall control. 

  

15. General. You shall comply with all laws and regulations applicable to your access and use of the Site and your publication of your Content. If any portion of this TOS is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the TOS shall be given full effect. Hajjseeker’ failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. Hajjseeker shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this TOS. Hajjseeker may change, remove, or require registration or payment to continue use of any aspect of the Site at any time without further notice to you. Hajjseeker’ suppliers and co-brand partners are third-party beneficiaries of this TOS. Except as provided in Section 1, this TOS may be amended only by a writing physically signed by both Hajjseeker and you. 

 

17. Other Disclosures. At present, Hajjseeker does not charge you any fees to use its Site or services (although this may change at any time). However, any expenses (such as hardware, software and Internet access costs) or taxes you incur to access the Site shall be your sole responsibility. 

 

18. Hajjseeker.com is unable to guarantee the availability of prices advertised on our site. Listed prices for operators may change without notice and should be checked with the operator prior to booking any package or trip. 

 

19. Hajjseeker.com is not responsible for the content on external web sites.

We respect your online privacy and are committed to protecting it. Hajjseeker has established this privacy policy so that you can understand how Hajjseeker collects your personal information and uses it. Any questions regarding this policy can be directed to info@Hajjseeker.com.