Privacy and Terms of Use

Rights and Obligations

This Agreement sets forth all rights and obligations with respect to 3oud.com and users of its affiliate sites, third party users, those who interact with 3oud.com website services without being logged in, and/or logged in users. Kindly note that 3oud.com reserves the right to change the terms of this Agreement from time to time as 3oud.com deems appropriate.

1- Definitions

1- “3oud” means the features and services made available throughout (a) the 3oud.com website and any other 3oud-branded or co-branded websites (including sub-domain names, international versions, parts and mobile versions; (b) an operator and displayer of 3oud.com; and (c) social components that help users interact with the published material; and (other media and software (such as a toolbar) or existing or subsequently established tools or networks.

2- "Operator and Displayer" means a combination of (APIs) and services (such as the Content) that enable others, including application developers and website operators.

3- “Information” means facts and other information relating to users, including procedures taken by users and non-users who interact on the websites and the site of this Agreement being 3oud.com.

4- “Material” means all photos (or information) of users posted on 3oud.com and on "3oud" that would not be included within the definition of the information.

5- “Data” or “User Data” means any data, including user content, material or information, which users or third parties can retrieve from "3oud" or insert to "3oud" through the operator and information displayer.

6- “Publishing” means downloading the material directly or through an intermediary, or otherwise making it available by using "3oud".

7- “Usage” means using, copying, performing, and displaying in general, or distribution, modification, translation and creation of derivative works.

8- “Users” means all logged in users who are logged in to 3oud as individual natural users and/or legal users who are required to sign this Agreement by accepting the Terms of Use, and/or Team Contractors who have allowed their teams and their materials to be published by authorizing that publication.

2- Privacy

Your privacy is of high importance to us. Your content and information will be protected based on the following:

Your data that is shared by others: We may receive, publish and/or share user information and photos when a user photo is posted individually or added to a group. With 3oud.com, a user can store and share information, photos, and personal information about yourself and others, similar to sharing a photo in a party.

We may also receive other types of user information when a user interacts with 3oud.com accounts, users, and subscribers who use it, similar to searching for a friend's material, account, page, click, view, otherwise interacting with things, or using our mobile application.

We may also receive information, when a user uploads material such as photos or videos on our 3oud.com website (whether users are logged in or not), about the time, date and place where the user took that photo or video.

We receive data from a computer, mobile phone or other device used by the user to access our website (3oud.com) in any way and regardless of how often you or others use information randomly or subsequently, such as your address internet protocol (IP) and other information about things such as your internet service, the website, the type of browser the user is using, or the pages the user is visiting.

We receive data that may contain the date and time that the user visits the site or website address (URL): The technical information about the address of internet protocol (IP), the type of browser and operating system that the user is using and your user address if the user is logged in via the Facebook website www.facebook.com.

We provide data to our advertising partners or our customers only after we have removed your name or any other personal identifiable information that we have collected with other people's data so that it is no longer associated with you.

Public Information: The information that is public, the types of information listed below, is always public and is tackled with like the information that users decide to make public, including name, username, profile pictures, cover photos (unless the user deletes them), gender, and information the user chooses to share with public.

We may use that information as follows:

- As part of our efforts to keep our products, services, and integration processes safe and secure; and

- To protect the intellectual property of 3oud.com or others; and

- To evaluate the effectiveness of advertisements seen by the user and others, including sending you relevant advertisements; and

- For internal operations including problem solving, data analysis, inspection, research and service improvement.

We will not share the user's information we receive with others unless:

- We have obtained your permission; or

- We have given notice to the user informing about this policy; or

- We have removed your name or any other personal identifiable information.

3- Sharing your Content and Information

Users own all content and material that they post on 3oud.com, furthermore:

1- For content subject to intellectual property rights such as images and videos (internet protocol (IP) content), users specifically grant us the following permission: User grants us a non-exclusive, transferable, sub-licensable, royalty-free license to use any internet protocol (IP) content shared by the user on 3oud.com. This grant ends when the user deletes the content or deletes his account. However, if this content has been shared with and/or by others and they have not deleted it, such a right (the right to delete) shall not be available.

2- When a user deletes a "material", it is deleted in a similar way to emptying the Recycle Bin on a computer. Generally, the user understands that the content that has been removed may remain in backup copies for a reasonable period of time (but will not be available to others).

3- When a user posts material or information, it means that users allow everyone, including people outside the same website (3oud.com) to access, use and associate that information with the user (i.e. the user's name and profile picture).

4- General Principles for Publishing Material:

1- Users may not post unauthorized commercial information messages (including unsolicited messages) on the website (3oud.com).

2- Users may not collect user content or information or otherwise access (3oud.com) using an automated means (including Harvesting bots, Robots, Spiders, or Scrapers) without our prior permission. (All terms translated in this section specify their common English names).

3- Users may not engage in illegal multi-level marketing such as pyramid schemes or Ponzi schemes.

4- Users may not upload viruses, malicious or destroying codes.

5- Users may not seek login information or access an account belonging to another person.

6- Users may not harass, intimidate or annoy any user.

7- Users may not post content that is: hate speech, threatening, obscene, inciting violence, nudity, graphic violence, or gratuitous violence.

8- Users may not develop or operate a third party application that contains alcohol related, dating or other adult content (including advertisements) without imposing appropriate age restrictions with having the approval of the site administration.

9- Users must obtain contractual permission from the 3oud.com administration and abide by the applicable laws to publish or offer any (promotional) contest, giveaway or lottery on the Site or sites.

10- Users may not use the website for any illegal, misleading, malicious or discriminatory act.

11- Users may not do anything that would disrupt, overburden or impede the proper working or appearance of www.3oud.com such as a malicious attack on the Site, denial of service, interference with page submission or job submission, or by any other method.

12- Users may not facilitate or encourage any violations of these terms.

In order to be able to help users maintain security on our site, we advise them:

1- Not to provide any false personal information to 3oud.com and to the operators of other 3oud-related website(s) (i.e. users who log in through Facebook or other social media platforms) or create an account for anyone but you without permission.

2- Not to create more than one personal account.

3- If we suspend your account, users may not create another account without permission.

4- Not to use your personal material for your own commercial affairs.

5- Keep your contact information accurate and up-to-date.

6- Do not share your password or allow anyone else to access your account or do anything else that would compromise the security of your account.

7- Not to transfer your account to anyone without first obtaining our written consent.

Protecting Others' Rights

We respect the rights of other people and expect users to do so.

1- Users may not post or take any procedure on 3oud.com that would infringe or violate the rights of another person or would otherwise be against the law.

2- We may remove any content, material or information posted by users if we believe it is in violation of the laws and regulations of the publisher's country of origin or the publishing jurisdiction.

3- If we remove your content as a result of someone else's copyright infringement and the user believes we removed it by mistake, we will provide the user with an opportunity to appeal.

4- In the event that users repeatedly infringe the intellectual property rights of other people, we will disable the account as we deem appropriate.

5- Users may not use 3oud.com's copyrights, trademarks, logos, or any similar marks in a confusing manner without our prior written permission.

6- Users may not post on 3oud.com personal identification documents of anyone or sensitive financial information.

7- Termination

Subject to the terms of this Agreement, and in the event that users or visitors are in breach of the terms or essence of this Agreement or otherwise create a risk, challenge, or potential legal claim to us, we have the right to suspend the services provided in whole or in part without notice.

8- Disagreements

1- The user shall resolve exclusively any claim, cause of action or otherwise (claim/appeal) arising with www.3oud.com in or in connection with this matter in the courts of Kuwait in the State of Kuwait. The laws of the State of Kuwait govern this Agreement as well as any claim that may arise between the user and www.3oud.com.

2- In the event that any claim is filed against www.3oud.com as a result of the user's action, material, content or information posted on www.3oud.com, the user shall indemnify www.3oud.com for each damage arising as well as the losses and expenses of any kind (including legal fees and expenses) related to that claim. Although www.3oud.com sets rules for user behavior, www.3oud.com is not responsible for the content or information that users post directly or indirectly thereon. We are not responsible for any offensive, indecent, obscene, illegal or otherwise objectionable content or information that the user may encounter on www.3oud.com. We are not responsible for the behavior of any user concerning the site operator and displayer, whether on or off the network.

3- www.3oud.com strives to maintain a virus-free and secure portal that users may use at their own risk. www.3oud.com provides the operator and displayer service as is without any express or implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose and the possibility of infringement. www.3oud.com does not guarantee full-time safety, security, or error-free operation or that it will always operate without interruptions, delays or defects. www.3oud.com is not responsible for the actions, content, information or data of third parties. Users, including those who have electronically signed this Agreement, release us, our directors, shareholders, employees, affiliates, partners, management staff, and our agents from any allegations and damages being known and/ or unknown arising from or relates in any way to any claim made by the user against any third parties mentioned. www.3oud.com shall not be liable to indemnify users for any lost profits or any subsequent, special, indirect or contingent damages arising out of this Agreement or through the use of www.3oud.com portal or in connection therewith, even if www.3oud.com has been advised of the possibility of such failure and damage. Our total liability arising from this agreement or through the use of the portal will not exceed the amount paid to us during the previous twelve months by the users. Applicable law may not allow the limitation or exclusion of liability and incidental or consequential damage, and therefore, the above limitation or exclusion may not apply to certain users. In such cases, www.3oud.com's liability will be limited to the minimum extent permitted by applicable law.

9- Other Matters

1- This is an agreement between the user and 3oud.com, and references to “we”, “our” and “us” mean either 3oud, www.3oud.com, 3oud Gateways or 3oud Owner, as the case may be.

2- This is the entire enforced agreement between the two parties (the user and 3oud) and it supersedes any previous agreements.

3- In the event that any part of this Agreement is found to be unenforceable, the remaining part shall stay in full force and effect.

4- If 3oud.com fails to enforce any provision of this Agreement or as a whole, it will not be considered a waiver.

5- Any modification or waiver of this Agreement must be made in writing and signed by 3oud.

6- The user will not transfer any of his rights or obligations under this agreement to any other person without the approval of 3oud management.

7- All rights and obligations of www.3oud.com under this Agreement are voluntarily assignable in any manner that 3oud deems appropriate whether in connection with a merger with another company, acquisition of 3oud by a company, sale of 3oud's assets to another company, or as required by law and/or otherwise.

8- This Agreement does not contain what impedes 3oud from complying with the law.

9- This Agreement does not confer any beneficial rights to a third party.

10- 3oud reserves all rights not expressly granted to the user(s).

11- The user(s) shall comply with all applicable laws when using or accessing www.3oud.com.