last update : 12/05/2019 Sunday 9:02PM
Hello and thanks for installing 3rftk.
- Acceptance of Terms
3rftk provides the Services subject to the following terms and conditions. By using any of the Services, you agree to be legally bound by the terms and conditions of this agreement (the “Agreement”). Please read them carefully.
Our Services are very diverse, so sometimes additional terms (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services
III. Intellectual Property Rights
You are not granted any right to use 3rftk’s name, trademarks or other commercial symbols. All rights not expressly granted to you under these Terms shall be retained by 3rftk.
In case you wish to use the Services or any part of the Services as a part of your own application or modify any part of the Services, such use is subject to 3rftk’s prior written approval and that you enter into a separate license agreement with 3rftk.
IIII. About Our Services
- Registration and Account Creation
You need to create an account in order to use 3rftk or the Services. You agree that the information you provide to us is accurate, current, and complete, and that 3rftk may contact you to confirm this information or to provide you with other notices.
In order to create a 3rftk user account (an “Account”), you must provide certain information about yourself, such as name, email address, or phone number (such information, “Registration Data”).
(i) that the Registration Data you provide to us will be to the best of your knowledge true, accurate, current, and complete at the time you provide it;
(ii) to maintain and update your Registration Data to keep it true, accurate, current and complete; and
(iii) that we may contact you using your Registration Data to confirm your Registration Data before you may use 3rftk or certain Services or to deliver notices or advertisements related to the Services.
Please note that we reserve the right to terminate your license to use 3rftk or the Services and to refuse to provide you with current or future access to 3rftk or the Services if we believe any of your Registration Data is, or appears to be, untrue, inaccurate, not current, or incomplete. In the event you change or deactivate the mobile telephone number you used to create an Account, you agree to update your Registration Data within 48 hours to ensure that your information is not attributed to the person who acquires your old number.
- Minimum Age for Eligibility
You must be eighteen (18) years or older (the “Minimum Age”) to use the Services. If you are under the Minimum Age, you can not use the Services. If the law of your country requires you to be older in order for 3rftk to provide the Services to you, including the collection, storage, and use of your contact information, then the Minimum Age is the legally required older age. The Services are not for use by anyone under the age of 18 years.
- Fees and Taxes
Please note that you are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. As explained in the Refund Policy, We do not provide refunds for our Services, except as required by law.
- USER OBLIGATIONS AND RESTRICTIONS
Upon your registration with 3rftk, you automatically agree to only use our application for your own personal, lawful use.
As part of the Services, 3rftk provides you with the ability to identify individuals and businesses. Without any way limiting any other restrictions in this Agreement, you agree that you will use all such information (the “User Data”) for your own personal (i.e., non-commercial use) in a strictly lawful manner. Among other limitations, you may not:
- Use any User Data for marketing purposes, including, but not limited to, making telemarketing calls, transmitting unsolicited paper mail, facsimile messages, text messages, email messages, or any other type of messages;
- Compile the User Data in a database (other than your device’s address book) and store such data for any future use;
- Use any User Data for tortuous purposes, including to stalk, harass, or threaten any individual;
- Publish, transmit, distribute, or resell any User Data; or
- Store User Data via physical media, or data mine or otherwise aggregate information or data made available through any Services for any purpose outside the scope of this Agreement, or any other applicable agreement between 3rftk and you.
- Account Security
You should keep your Account credentials confidential. You are responsible for all activity on your Account. Therefore, you are responsible for maintaining the confidentiality of your account credentials and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify 3rftk of any unauthorized use of your Account credentials or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with this section.
- Handling of Information in the Services
You agree that the information you submit to us is to the best of your knowledge accurate, owned by you, and does not violate this Agreement. We have the right to do certain things with your information, as allowed by this agreement.
In the course of using the Services, you may transmit or otherwise make available certain content to us, including information about yourself. Unless otherwise stated in this Agreement, by submitting such content, you represent and warrant that: (i) you are at least 18 years old; (ii) you own and control all rights to the content you transmit or otherwise make available, or you have the lawful right to distribute, reproduce, and provide such content; (iii) such content is accurate and not misleading; and (iv) transmitting or providing such content does not: (a) violate this Agreement or (b) violate the rights of, or cause any injury to, any person or entity. Further, you grant us a world-wide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, create derivative works in, store and archive such content. Also, you understand and agree that 3rftk retains the right to reformat, excerpt or translate any content provided or transmitted by you.
You also agree that we may collect and use technical information such as your IP address, device ID and other information, including, but not limited to, technical data about your mobile device and system software and peripherals, to facilitate the provision of software updates, product support and other services to you related to 3rftk.
We shall have no obligation to you of any kind, monetary or non-monetary, with respect to Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation.
- Availability of the Services
Our Services may be interrupted due to maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as natural disasters and other force majeure events.
- License & Termination
We own and control 3rftk and the Services and allow you to use them. We may, however, stop you from using 3rftk and the Services at any time, for any reason, and we can discontinue the Services for any or no reason.
Unless otherwise indicated, the Services, and all content and other materials available on or through the Services, including, without limitation, directory listing data (collectively, the “Materials”), are proprietary to 3rftk or its affiliates or licensors, and are protected by Jordan, Bahrain, Kuwait, UAE, Qatar and Saudi Arabia as well as the international intellectual property laws. Subject to your compliance with the terms and conditions of this Agreement, and in consideration of your promises reflected herein (and with respect to any services requiring payment of fees, your payment of such fees), we grant to you a personal, non-exclusive, limited license for your own personal, non-commercial use (except where explicitly provided otherwise), to (i) access and use the Services, (ii) cause the Materials to be displayed from a single computer or mobile device, and (iii) use the Materials, solely as permitted under this Agreement (the “License”). The license does not allow you to use 3rftk’s name or trademarks. All rights and licenses not expressly granted to you in this Agreement are retained by 3rftk.
3rftk may revoke or terminate the License granted above in its sole discretion, at any time. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in this Agreement or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Services or Materials, or (iii) use the Services or the Materials other than as specifically authorized in this Agreement, without our prior written permission.
3rftk may discontinue, terminate, suspend or shut down the Services at any time, for any or no reason. We may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, making such notice available on or through the Services or otherwise publicly announcing such discontinuation, termination, suspension or shut-down. Upon any such action by 3rftk, your License shall automatically terminate with respect to the affected Services and you must immediately stop using all affected Services.
- Other Obligations and Restrictions
You agree that you will do the following:
- You will comply with all laws, including without limitation, export control laws of the country of your residence, applicable to your use of the Services and Materials.
You agree that you will not do the following:
- Engage in any unauthorized use of the Services or Materials (including, without limitation, political campaigning, advertising, marketing, solicitations, promotions, resale or any commercial uses);
- Transmit or otherwise make available any content that: (i) you do not have the right to transmit using the Services, (ii) may expose 3rftk or its affiliates, licensors, or users, to any harm or liability, or (iii) is unlawful;
- Transmit or otherwise make available any content 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;
- Post, publish, or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Copy any portion of the Services or Materials or any underlying content or source code;
- Reverse engineer, disassemble, decipher or decompile any portion of the Services or Materials, or otherwise attempt to discover or re-create the source code to any software;
- Distribute the software or source code behind the Services or Materials to any third party;
- Except as otherwise expressly permitted by 3rftk, make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Services or Materials;
- Remove, alter, or obscure any copyright or other proprietary notices of 3rftk or its affiliates or licensors in any portion of the Services or Materials;
- Violate the intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Obscure or disable any advertisements that may appear on or through the Services;
- Use any type of automated means to utilize the Services or Materials;
- Access without authorization any networks, systems, or databases used in providing the Services, or any accounts associated with Services, or access or use any information contained therein for any purpose;
- Attempt to probe, test, hack, or otherwise circumvent any security measures;
- Violate any requirements, policies, procedures or regulations of any network connected to the Services;
- Use any of the Services in any manner that could damage, disable, overburden, or otherwise impair the Services (or the networks connected to the Services);
- Interfere with or disrupt the use and enjoyment by others of the Services or the Materials;
- Falsely state, impersonate, or otherwise misrepresent your identity or your affiliation with any person or entity;
- Use the Services or Materials to send unsolicited email, “spam,” or promotions or advertisements for products or services;
- Use the Services or Materials in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
- Use the Services or Materials in any manner that exposes 3rftk to any harm or liability of any nature;
- Use the Services or Materials in violation of any local law, rule, or regulation, whether now existing or enacted in the future;
- Copy (except in the course of loading or installing) or modify any Services, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Services;
- Transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party;
- Make the functionality of the Services available to multiple users through any means, including but not limited to by uploading our app to a network;
- Engage in “framing,” “mirroring” or otherwise simulating the appearance or function of the Services;
- Use manual or automated software, devices, scripts robots, other means or processes to access, scrape, or crawl, the Services or any related data or information;
- Monitor the Services’ availability, performance or functionality for any competitive purpose.
3rftk has the right to investigate and bring claims for violations of any of the above to the fullest extent of the law. We may, but are not required to, provide notice of such violations beforehand. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate certain terms of this Agreement.
- Special Provisions Applicable to Software
You agree that upgrades or updates to the Services may be downloaded and installed.
If you download or use certain Services, such as an app or a browser plug-in, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the Services.
VIII. Disclaimer of Warranty
This is our disclaimer of legal liability for the Services.
THE SERVICES AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOU USE THE SERVICES AND MATERIALS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR MATERIALS AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE SERVICES OR MATERIALS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW IN YOUR COUNTRY, 3RFTK AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR MATERIALS.
WITHOUT LIMITING THE FOREGOING, NEITHER 3RFTK NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE “3RFTK PROVIDERS”) REPRESENT OR WARRANT (I) THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT THE SERVICES OR MATERIALS WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, SAFE, ACCESSIBLE, TIMELY, RESPONSIVE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR MATERIALS WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH ANY SERVICES; (V) ANY EXPRESSED OR IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE SERVICES OR MATERIALS ARE NON-INFRINGING.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations and exclusions may not apply to you.
VIIII. Limitation of Liability
IN NO EVENT SHALL ANY OF THE 3RFTK PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE SERVICES OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE SERVICES OR MATERIALS, (II) ANY INABILITY TO USE THE SERVICES OR MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY SERVICES, IN EACH CASE EVEN IF THE 3RFTK PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE 3RFTK PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR MATERIALS EXCEED ONE HUNDRED UNITED STATES DOLLARS.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.
We are not liable for any wrongs related to your use of the Services.
You agree to hold harmless, defend and indemnify the 3rftk Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of any of the Services or Materials, including, without limitation, any actual or threatened suit, demand or claim made against any 3rftk Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of this Agreement; (iii) your use of any of the Services or Materials; or (iv) any content that you store on or transmit through the Services. 3rftk may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with 3rftk in such event.
- Dispute Resolution
If we are not able to resolve a legal dispute by negotiation, you agree it will be resolved by binding arbitration or in small claims court.
ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND 3RFTK RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING, WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY (“DISPUTE”), WILL BE RESOLVED BY BINDING ARBITRATION IF IT CANNOT BE RESOLVED THROUGH NEGOTIATION AS SET FORTH IN THIS SECTION. ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT (A) ANY DISPUTE THAT MAY BE BROUGHT IN SMALL CLAIMS COURT MAY BE INSTITUTED IN SMALL CLAIMS COURT IN YOUR COUNTRY OF RESIDENCE INSTEAD OF BEING RESOLVED THROUGH ARBITRATION, AND (B) EITHER PARTY MAY SEEK INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO (I) ENJOIN INFRINGEMENT OR VIOLATION OF ANY DATA USE RESTRICTIONS CONTAINED IN THIS AGREEMENT, OR (II) ENJOIN SCRAPING, WEB CRAWLING OR UNAUTHORIZED ACCESS TO EITHER PARTY’S WEB SITES OR SERVICES.
We must try to negotiate resolution of a legal dispute for at least 30 days.
If you have a Dispute with 3rftk, you agree to send written notice describing the Dispute to 3rftk to allow 3rftk an opportunity to resolve the Dispute informally through negotiation. Your notice must be sent to the following email address: firstname.lastname@example.org. If we have a Dispute with you, we will send written notice through email describing the Dispute to you. The parties agree to negotiate resolution of a Dispute in good faith for no fewer than 30 days after notice of a Dispute has been provided. If the Dispute is not resolved within 30 days from receipt of notice of the Dispute, you or 3rftk may proceed to have the Dispute resolved through arbitration.
Thereafter, disputes will be resolved by arbitration.
Neither party may bring a class action lawsuit to resolve a dispute.
- Third-Party Links
3rftk is not responsible or liable for the links to third-party Websites or applications that we make available for your convenience.
3rftk may, as a convenience to its users, make links to third-party Websites or applications available on or through the Services. In addition, certain Services may access your accounts for third-party services. 3rftk does not make any representation, warranty or guarantee regarding any Third Party Applications. 3rftk is not responsible or liable for: (i) the availability, functionality, or accuracy of such Third Party Applications; (ii) the information, content, products, or services on or available therefrom; or (iii) any damages or loss caused or alleged to be caused by or in connection with the use of or reliance on such Third Party Applications or the information, content, products, or services on or available therefrom. Access to such Third Party Applications does not imply any endorsement by 3rftk. You acknowledge sole responsibility for and assume all risk arising from your use of any Third Party Applications, as well as all responsibility and risk related to any terms and conditions or other agreements which govern such Third Party Applications.
- Time Limitation on Claims
You must file any claim or cause of action within one year.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Services or Materials must be filed within one year after such claim or cause of action arose. Any claim not filed within the foregoing one-year period will be forever barred.
- Governing Law
You can only bring a suit or action in Jordan, Bahrain, Kuwait, UAE, Qatar or Saudi Arabia and your use of the Services is governed by the law of your country of residence.
YOUR USE OF THE SERVICES AND MATERIALS SHALL BE GOVERNED BY, AND THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE COUNTRY OF YOUR RESIDENCE. YOU IRREVOCABLY CONSENT TO WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION IN FEDERAL COURTS LOCATED IN THE COUNTRY OF YOUR RESIDENCE.
XII. General Terms
Following are some important details about how to read this Agreement, and how 3rftk can change this Agreement at any time.
If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
3rftk reserves the right to revise this Agreement at any time by posting a revised Agreement on this Website or otherwise making such revised Agreement available through the Services. If we make material revisions to this Agreement, we will use the date at the top of this Agreement to indicate the date it was last revised. The revised Agreement will be effective immediately upon its being posted on this Website or being made available through the Services. Your use of the Services following the posting of any such revisions will constitute your acceptance of any such revisions. We encourage you to review this Agreement each time you use the Services to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions in this Agreement, you must immediately terminate your use of the Services or Materials.
XIII. Contents © 2019, 3rftk. All Rights Reserved.
We own or control everything on this application, 3rftk, as well as our Services. The Services are governed by other agreements to be issued by 3rftk.
All content included on our applications and Websites, including, but not limited to, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of 3rftk and is protected by the laws of the country of your residence and international copyright laws.
Any rights not expressly granted herein are reserved by 3rftk.
3rftk, and related graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of 3rftk or its affiliates in Jordan, Bahrain, Kuwait, UAE, Qatar and Saudi Arabia. 3rftk’s trademarks and trade dress may not be used in connection with any product or service that is not 3rftk’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 3rftk. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners.