QOOB TERMS OF USE

  1. These terms

    1. Welcome to the QOOB platform. These terms of use constitute a binding agreement between QOOB LTD, its affiliates, and subsidiaries (“QOOB” or the “We”), and you whether being a content creator (the “Content Creator”) or a user (the “User”) (Content Creator and User together to be referred to as “You”) (the “Terms”).

    2. These Terms govern your access and use of the QOOB platform and its related Services and tools and your membership (when applicable).

    3. The QOOB platform connects content creators to users (the “Services”).

  2. PLEASE READ THE TERMS CAREFULLY BEFORE USING THE PLATFORM

    1. Your consent is required to use QOOB platform, by selecting “I AGREE” to these Terms and QOOB's Privacy Policy (the “Privacy Policy”) You shall be legally bound by these Terms and Privacy Policy.

    2. QOOB reserves the right, at its sole discretion, to change, modify, add, or remove any part of these Terms, at any time. In the event of any change on our Terms or Privacy Policy, we shall notify You and You agree that no further approval will be required from Your end to the updated Terms and Privacy Policy.

  3. ON CREATING A MEMBERSHIP OF QOOB, YOU AGREE

    1. That You will use a valid email address and phone number registered to you.

    2. That You are the sole authorized user of your account and will not impersonate any person or entity, or otherwise mislead as to the origin of the content you share with QOOB when you register or use the platform.

    3. That You are (i) over the age of [eighteen (18)] and have the power, authority, and legal capacity to enter into and perform the obligations under these Terms, and (ii) undertake that all information provided by you to QOOB through its platforms are accurate and complete.

    4. That any communications between QOOB and You will be sent and received electronically. You agree that all agreements, notices, disclosures, and other communications exchanged between you and QOOB electronically, shall satisfy the legal requirements that such communications be in writing.

    5. To act fairly and lawfully and may not misuse any Services provided.

    6. To not send unsolicited or inappropriate messages, material or content as per international and GCC regulations on the Platform.

    7. To not acquire any ownership rights by downloading or printing the copyrighted material, or by using QOOB platform.

    8. To be responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password.

    9. To immediately notify QOOB of any unauthorized use of your password or account or any other breach of security and to immediately reset Your password.

    10. In no event will QOOB platform be liable for any direct, indirect, or consequential loss or loss of profits, goodwill, or damage whatsoever resulting from the disclosure of your username and/or password, or for any harm resulted by you, your agents, officer, employees, or representatives in relation to the Services.

    11. You agree to compensate QOOB for any improper, unauthorized, or illegal use of your account by you or by any person obtaining access to QOOB platform, Services, or otherwise by using your designated username and password, whether or not you authorized such access.

    12. You will provide true, accurate, current, not misleading, updated, and complete information about yourself as prompted by QOOB’s registration form including but not limited to, address, phone number, name, date of birth, and email address.

    13. You agree to take utmost care, safety measures, and security precautions when using or offering the Services.

    14. If you provide any information that is untrue, inaccurate, not current, misleading, or incomplete, or if QOOB has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or not in accordance with these Terms, without prejudice to any other rights and remedies of QOOB under these Terms or at law, QOOB has the right to immediately suspend, limit, or withdraw your membership, your account, and/or your access to the its platform.

    15. QOOB may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a party), and request that you provide QOOB with further information or documentation, including without limitation to verify your identity. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity, such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf.

    16. You agree to provide and update any information and/or documentation to QOOB upon such requests including but not limited to, permits and governmental documents and payment account details; and to keep your profile information updated in the QOOB platform. You acknowledge and agree that if you do not provide the requested information or your information was outdated or incorrect, QOOB, without any liability may limit, suspend, or withdraw your membership, your account, and/or and your access to QOOB platform. We also reserve the right to cancel unconfirmed / unverified memberships/accounts that have been inactive for a long time.

    17. You will not use the term QOOB or any derivatives or such terms as part of your screenname or username except as stated in these Terms and in all cases after obtaining the written approval of QOOB.

  4. WHEN A CONTENT CREATOR

    1. As a Content Creator, You will become a member and gain access to the Services offered on the Platform upon subscription and payment of the applicable fee.

    2. Once the Content Creator becomes a member, the Content Creator will gain access to the dashboard which allows him/her to navigate through and select the desired Service.

    3. As a Content Creator, you have an obligation not to:

      1. create, upload, or sell materials which do not focus on knowledge sharing.

      2. Infringe any content, your contents should be originals, not copied, reproduced, modified, translated, republished, broadcasted, or re-uploaded from any other contents.

      3. Your content should not be offensive or illegal in anyway which shall include but not limited to, any contents promote racism, discrimination, hatred, harassment, violence, bigotry, pornography, sexually explicit, indecent materials, fake information, misleading information, or any other content that may be illegal as per the local authorities.

    4. As a Content Creator, you will grant QOOB limited license to upload your content on the Platform in accordance with the Platform technical requirements.

    5. As a Content Creator, you are allowing QOOB to translate, modify, reproduce, and otherwise act with respect to your Content in accordance with the Platform technical requirements to enable the users to see it and interact with it (if applicable).

    6. QOOB shall have the right to disclose that You are a Content Creator and describe in general terms the work We do for you unless you ask us not to do so in writing, including through deal announcements, marketing submissions, and ranking and awards filings. As a Content Creator, you also permit Us, and hereby grant a license to QOOB to use your logos and trademarks in its announcements, marketing submissions, and ranking and awards filings, and license relevant third-party publishers to similarly use your logos and trademarks.

    7. Qoob has the right to restrict any content from the platform at its sole discretion and may subject any content to a review procedure prior to approving its distribution.


  5. WHEN A USER

    1. As a User, You will become a member and gain access to the Services offered on the Platform upon subscription [and payment of subscription fee], where applicable.

    2. Any use or reliance on any content or materials posted via the Service or obtained by the User through the Service is at your own risk.

    3. QOOB do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted on its platform or endorse any opinions expressed via the Service.

    4. As a User, you understand that by using the Service, you may be exposed to content that may be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, content that have been mislabelled or is otherwise deceptive. Under no circumstances will We 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 generated or made available via the Service.


  6. REFUND/REDIRECTION PROGRAM

    1. QOOB has a “Refund/Redirection Program” which seeks to assist Content Creators to ensure their fee is protected against fraud by any party on QOOB platforms. The program involves reimbursement by QOOB to the Content Creator of the value of the Service only.

    2. In such event, QOOB will investigate the matter carefully on a case by case basis and it is at QOOB’s sole discretion to determine whether a reimbursement is required for both the Content Creator and the User.

    3. For the avoidance of doubt, all refunds shall be in the form of credit or cash to the Content Creator’s account. Cash refund shall be only in certain cases that may arise further administrative fees deduction.

    4. QOOB is not responsible for the conduct, whether online or offline, of any User or Content Creator of QOOB platform. Users are solely responsible for their interactions with Content Creators and vice versa. By using the QOOB platform, Content Creator agree to accept such risks and agree that QOOB is not responsible for the acts or omissions of a User.


  7. COPYRIGHT

    1. Except for the content created by the Content Creator, all content included on QOOB platforms, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, or software is the property and copyright work of either QOOB, its content suppliers, or its licensors and is protected by copyright, trademarks, patents, or other intellectual property rights and laws.

    2. The compilation of the contents on QOOB platforms are the exclusive property and copyright of QOOB and is protected by copyright, trademarks, patents, or other intellectual property rights and laws.


  8. TRADEMARKS

    1. “QOOB”, “QOOB.io”, “QOOB Ltd”, “QOOBER”, other related logos, and other words and logos on QOOB’s platforms (including without limitation “PayPal”, “Apple Pay” or “Google Pay”) are either unregistered trademarks or registered trademarks of QOOB or are trademarks of other providers which have been licensed for use on QOOB and are protected by international trademark and other intellectual property rights and laws. QOOB’s trademarks may not be used in connection with any product or service that is not QOOB’s or in any manner that disparages or discredits QOOB. All other trademarks not owned by QOOB that appear on the App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by QOOB.

    2. All trademarks and service marks of QOOB and its affiliates displayed in connection with any Service are subject to the applicable laws and the international trademark protection. Unless expressly authorized by QOOB, you may not use any trademarks or service marks that you access through any Service with any item that is not provided by QOOB, or in any manner that is likely to cause confusion among customers, or that might disparage or discredit QOOB and its affiliates. All other trademarks appearing in the QOOB platform are the property of their respective owners, including third-party providers of products and Services with links to and from the QOOB platform.

  9. INTELLECTUAL PROPERTY RIGHTS

    1. All content and all software available on the QOOB platform or used to create and operate the Services, all intellectual property rights including patents, rights to inventions, copyright and related rights, trademarks, and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world, are the property of QOOB or its licensors (“QOOB Marks”).

    2. You agree that You will not: (1) create any materials that use the QOOB Marks or any derivatives of the QOOB Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by QOOB in writing; (2) use the QOOB Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the QOOB Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair QOOB’s rights as owner of the QOOB Marks or the legality and/or enforceability of the QOOB Marks, including, challenging or opposing QOOB’s ownership in the QOOB Marks; (4) apply for trademark registration or renewal of trademark registration of any of the QOOB Marks, any derivative of the QOOB Marks, any combination of the QOOB Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the QOOB Marks; (5) use the QOOB Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

    3. Violation of any provision of these Terms in particular Copy Right, Trademark and Intellectual Property Rights, may result in immediate termination of these Terms, in QOOB’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the QOOB Marks (in violation of these Terms or otherwise), you agree that upon their creation QOOB exclusively owns all right, title and interest in and to such materials, including any modifications to the QOOB Marks or derivative works based on the QOOB Marks or QOOB copyrights.

  10. PRIVACY POLICY

Please refer to our Privacy Policy for information on how we collect, use, and disclose personally identifiable information. By agreeing to the Privacy Policy, you agree to our use, collection, and disclosure of personally identifiable information for limited purpose in accordance with the Privacy Policy. You agree that we may collect, maintain, and use non-personally identifiable data including user content in aggregated form for business purposes, including the improvement and enhancement of our Services and you grant QOOB an irrevocable, perpetual, non-exclusive right to use such data for such purposes.

  1. DISCLAIMER

QOOB HEREBY DISCLAIMS ALL TYPES OF LIABILITY AND/OR RESPONSIBILITY RELATED TO THE SERVICES PROVIDED, THE COMPLIANCE OF THE SERVICES, OR ANY OTHER TYPE OF WARRANTY WHETHER EXPRESSED OR IMPLIED. AT NO TIME SHALL ANY RIGHT, TITLE, OR INTEREST OVER ANY ITEM VEST WITH QOOB NOR SHALL QOOB HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH SERVICES.

  1. QOOB is not responsible for any non-performance, breach, or any other claim relating to or arising out of any action or negligence by a User or Content Creator, nor does QOOB have any fiduciary duty to any User or Content Creator.

  2. QOOB is not held responsible for the Services provided. In particular:

    1. QOOB is not responsible for unsatisfactory or delayed performance, losses, damages, or delays by any User or Content Creator.

    2. QOOB is not required to mediate or resolve any dispute or disagreement between any User and Content Creator.

    3. QOOB does not make any representation or warranty as to the attributes (including but not limited to quality, worth, or marketability) of the services attributed to the User by the Content Creator.

    4. QOOB may include links to third party websites that are controlled by and maintained by others. QOOB cannot accept any responsibility for the materials or offers for goods or Services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature. You acknowledge and agree that QOOB is not responsible for the content or availability of any such sites. However, you acknowledge and agree that you may not include links in any user-posted content on QOOB platform.

    5. QOOB accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

    6. QOOB excludes all implied warranties and terms and conditions. QOOB is not liable for any loss of money, goodwill, reputation, or any special, indirect, or consequential damages arising directly or indirectly, out of your use of or your inability to use QOOB.

    7. Content Creators and Users release and indemnify QOOB, its subsidiaries, affiliates, shareholders, directors and/or any of their officers and representatives in respect of any claim, demand, dispute, cost, damage, liability, or other consequence (direct or indirect) of any actions of the recipients of QOOB Services or third party and you specifically waive any claims that you may have in this behalf under any applicable law.

  1. LIMITATION OF LIABILITIES

    1. To the extent permitted by law, QOOB, its subsidiaries, affiliates, shareholders, directors, their officers, employees, agents, affiliates, and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential, or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data, or other intangible losses arising out of or in connection with your use of QOOB, its Services, or this agreement (however arising, including negligence or otherwise and whether or not QOOB has been advised of the possibility of such losses or damages). You agree that any unauthorized use of QOOB and its Services as a result of Your negligent act or omission would result in irreparable injury to QOOB and QOOB shall treat any such unauthorized use as subject to the terms listed in these Terms.

    2. If You are dissatisfied with QOOB or any content or materials on it, we strongly advise You to convey us your feedback to info@myqoob.com, rest assured that Your satisfaction is our priority.

    3. Notwithstanding the foregoing, QOOB is relieved from any and all liability or breach committed by the Content Creators whether directly (or consequentially) in relation to providing the Services including necessary registrations, and compliance with the applicable laws.

  2. INDEMNIFICATION.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless QOOB, its affiliates, parents, officers, directors, representatives, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; or (ii) your violation of any term of these Terms.

No Participation Percentage in Distributions or, where applicable pursuant to Section ‎‎9, shares or stock in the Company will be transferred to the Participant if such transfer will or is likely to be contrary to or violate any applicable law or any applicable regulation adopted thereunder.

  1. GOVERNING LAW OF THESE TERMS.

    1. These Terms are governed by and construed in accordance with the laws of the Abu Dhabi Global Market, without giving effect to any principles of conflicts of law. Any dispute which arises in relation thereto shall be resolved amicably between You and QOOB. If such dispute is not resolved within fourteen (14) days following the receipt by the involved party of the matter in dispute, then such dispute shall be resolved exclusively by the courts of Abu Dhabi Global Market.

    2. In case of any dispute arises between a User and a Content Creator, such dispute shall remain between such User and such Content Creator. QOOB is not liable for any dispute, claim, or lawsuit between them that are resulted from any act, negligence, tort, omission, default, or loss by such User to the Content Creator. This dispute is not governed in accordance with this Terms and shall be construed under the applicable laws. Notwithstanding the forgoing, this shall not limit or prejudice any rights given to QOOB resulted from such dispute.

  2. IF THERE IS A PROBLEM WITH THE SERVICES

If You have any questions or complaints about the Services, please contact Us by email through support@myqoob.com.

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