Below, you will find the terms and conditions for participation as a member in MARAYA’s services, by creating an account in this site you agree to the terms of this Member Agreement.
Please read these terms carefully, since your registration and indication of acceptance of these terms creates a binding legal agreement. If you choose to accept these terms upon registration, you must do so as they are presented to you; no changes (additions or deletions) will be accepted by MARAYA. If you do not accept these terms, you will not be allowed the rights of a member.
Before using the MARAYA website or setting up your account with MARAYA (herein referred to as “we,” “us” or “MARAYA”), please read the following terms of your Membership Agreement (“Agreement”) carefully. These Terms govern your (“you” or “your”) access to and use of the website and services owned and/or operated by MARAYA (collectively, the “Site”). Your access to and use of the Site are expressly conditioned on your acceptance of and compliance with these Terms. Note that any violation of these Terms may result in termination of your ability to access and use the Site and your rights to revenue. By using the Site as a member, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement. We encourage you to print and keep a copy of this Agreement for reference.
1. Legal Agreement
The terms and conditions set forth in this document apply to all persons (“you”) who register as members of MARAYA’s website ("Site"), and constitute a binding, legal agreement ("Agreement") between the User and MARAYA’s Services ("MARAYA").
MARAYA is a cloud-based social relationship management self-service technology platform for building, publishing, engaging, moderating and monitoring brands campaigns and applications across major social networks. MARAYA offers businesses branded social networks presence, and enables them to execute their social sales & marketing strategies. MARAYA enables a collaborative engagement with customers and provide exceptional experience through social networks. MARAYA enables brands to intelligently target social users via published social campaigns. MARAYA ensures a one-stop-shop that bring business and brands on social networks successfully and cost-effectively.
Content includes messages and other materials that you post to forums, groups, or other locations that can be viewed by other users, as well as material that you might submit for publication or other distribution through any site “Content”. By uploading or posting Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:
a. Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to MARAYA for use as described above without charge to MARAYA and, in either case, that the Content does not contain any Personal Data about any individual other than you. By becoming a member, you hereby grant MARAYA access to list your brand in its “Brand Partnership” section of the website.
b. Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
c. Does not invade any individual's right of privacy or publicity;
d. Does not contain material that is unlawful, obscene, defamatory, pornographic, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
e. Does not include malicious code, which includes, without limitation, viruses, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, passwords, or personal information;>
f. Does not break the law, encourage or facilitate the breaking of the law, or violate any applicable regulation or MARAYA rule or policy;
g. To the best of your knowledge, all factual information in the Content you upload is true and accurate.
MARAYA reserves the right to refuse to permit posting of or to remove from the Site any Content or other materials that MARAYA, in its sole discretion, deems in violation of this Agreement. In addition, you represent and warrant that provision of the Content to MARAYA for use as described above does not conflict with any arrangements or agreements between you and any other person or entity.
You are solely responsible for any Content you upload or post to the Site. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold MARAYA responsible for any inadvertent damage to, or destruction of the Content. You are responsible for backing up, on your own computer, all Content. MARAYA will not be responsible for archiving or backing-up any Content. If any Content transmitted to MARAYA is damaged, lost or corrupted in any way, MARAYA will have no obligation or liability to you.
MARAYA is committed to protecting your privacy. By using this Website, you give MARAYA permission to collect information about the pages served to you as an anonymous user for the purpose of calculating aggregate site statistics. If you register at www.ihomehealthcare.com, you authorize MARAYA to use information you provide to analyze site usage, improve Website content, product and services offerings, and customize Website with respect to content, layout and other services. MARAYA will not sell or rent any of your personal information to third parties for their marketing purposes without your explicit consent.
5. Disclaimer of Warranties
All content of this Website is provided “as is” and without warrantes or representations of any kind, either expressed or implied. To the fullest extent permitted by applicable law, MARAYA disclaims all warranties and representations, expressed or implied, relating to such content or this Website, including but not limited to warranteis and representations of ownership, noninfringement of third party intellectual property rights, title, merchantability, fitness for a particular purpose, quiet enjoyment, or system integration. Although MARAYA wishes the content of this Website to be accurate, complete and curent, MARAYA does not warrant or represent that any content or data on this Website is accurate, error free, complete or current. Indeed, MARAYA sources its data from social media networks such as facebook and twitter and cannot be held responsible for any inaccuracies and/or data misrepresentation for any information obtained from such social network sites. In addition, MARAYA does not warrant or represent that the use of such content or data will be uninterrupted, that defects will be corrected or that this Website, its content or data, and the equipment on which this Website and content are available, are free of viruses or other harmful components. Moreover, MARAYA disclaims any obligationto maintain this Website or keep it operational. You understand and agree that MARAYA reserves the right at any time and from time to time to modify or discontinue, temporarily, or permanently, any services provided on this Website and any conditions of use with or without notice. MARAYA disclaims any responsibility for harm resulting from any content inaccuracies or errors or from the use or misuse of content by users of the Website. Applicable law may not allow the exclusion of certain warranties, so these exclusions may not apply to you in whole or in part.
6. Use of Website,
The content of this Website, including all data, information, text, images, sounds, icons, and other content is protected by copyrights and other intellectual property rights. It is the policy of MARAYA not to tolerate any actions of intellectual property infringement based on any information on this Website. Accordingly, you may not modify in any way any content you obtain from this Website, distribute or transmit it to any other person or company for commercial purposes, frame or otherwise display any of the content of this Website on your own or any other website, use such content in any way that is competitive with MARAYA or that disparages MARAYA , mass distribute such content through electronic or other means, sell, license, rent, copy, reproduce, upload, publicly perform, publish, display, adapt, edit, or create derivative works from such content, or make any other use of such content. Such modification, distribution, or transmission, display or use shall constitute a breach of this Agreement and infringe MARAYA ’s copyrights, copyrights licensed to MARAYA , and/or other intellectual property rights appearing on such content. MARAYA has no right or authority to authorize you to use, download, print, copy, modify, display, distribute, or transmit any content of any other website that you access from this Website.
7. Further Limitations on Use of this Website.
You must be a registered user to access the Website or use its services. By accessing the Website you agree not to upload, post, email or otherwise send or 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 associated with the Website. You also agree not to interfere with the servers or networks connected to the Website, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Website, conduct yourself in an inappropriate or unlawful purpose. MARAYA reserves the right to terminate your access to the Website or any of its services if it determines that you do not comply with these terms and conditions; provide false, inaccurate or incomplete information during the registration process; engage in any conduct that otherwise harm any of MARAYA ’s rights or interests in this Website, services, or other property; or for any reason or not reason whatsoever without prior notice to you. You may not, without the prior written permission of MARAYA , use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm, or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this site or accessed through this site. You also may not engage in the mass downloading of files from this site, use the computer processing power of this site for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this site.
8. Payment Terms
Although MARAYA is presently offering you the opportunity to become a member of this website for free, MARAYA reserves the right to charge its members for its service at any time in the future. In the future event that MARAYA elects to charge a fee for use of this Website, you shall be notified of such change in policy and be given the opportunity to continue to access your membership, provided you agree to pay such fee. If you elect not to pay the proposed fee at that time, you shall no longer be able to access your account for free.
9. User Registration and Information
It is important that you correctly complete the information requested in the User Registration form on the Site ("User Information"). In the event that any of your User Information changes in the future, please be sure to promptly update your User Information on the Site. Remember, it is your responsibility to keep current all of your User Information on the Site. You will have the opportunity to select a username and password during the User registration process. You are solely responsible in all respects for: (a) all use of the Site made using your username and password, and (b) maintaining the confidentiality of your username and password. Only one individual may access the Site at the same time using the same username and password. You agree to notify us immediately of any unauthorized use of your e-mail address, username or password or any other breach of security regarding the Site of which you are aware.
10. Term and Terminating Membership
These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and/or use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including all Content), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
You may terminate your membership by following the “Cancel Account” link on your MARAYA page, or by contacting support with a specific request to do so. Your request to terminate will become effective within 30 days after the acknowledgement by MARAYA of the receipt of your specific request. All provisions of this Agreement relating to payments, service fees, disclaimers, limitations of liability, indemnification, and proprietary rights shall survive termination.
11. Compliance with Applicable Laws
MARAYA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
12. Disclaimers; No Warranties; Limitation of Liabilities
We reserve the right at any time to change all or any part of these Terms; change the Site, including by eliminating or discontinuing any content on or feature of the Site; and change any fees or charges for use of the Site. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site or by electronic mail.
You agree to indemnify, defend and hold us, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms; (b) your Content; and/or (c) your activities in connection with the Site.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MARAYA BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE PRODUCTS, SERVICES, MEMBERS, SUPPLIERS AND/OR BUYER OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.
MARAYA may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights as a Member without the prior written consent of MARAYA.
12. Dispute Resolution.
All disputes seeking only monetary damages and arising out of or relating to this Agreement or MARAYA’s operation of this Website, except disputes involving infringement or ownership of intellectual property rights, shall be resolved by binding arbitration in Amman, Jordan. All disputes seeking injunctions or other non-monetary remedies or involving infringement or ownership of intellectual property rights shall be resolved in the courts of Amman, Jordan. All disputes of any kind relating to this Agreement shall be governed by the laws of the Hashemite Kingdom of Jordan.
1. Severability. If any portion of this Agreement is unlawful, invalid, or unenforceable, then such portion shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remainder of this Agreement.