Terms
of Services
These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services and our other covered services that link to these Terms (collectively, the “Services”).
ACCEPTANCE OF TERMS
This website is owned and operated by Farid Kalirad, and its affiliates and subsidiaries (Farid Kalirad). Farid Kalirad offers this site, including all information, tools and services to you conditioned upon your acceptance of the Terms of Use and the terms and conditions of any policies and notices in the website. Please read the following Terms of Use carefully before using this Website - by using the site, you agree to these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use the Farid Kalirad website. These Terms of Use apply only to your use of the Website and do not apply to any other Website or any Farid Kalirad product or service (unless specified differently), nor change any other agreement that may exist between you and Farid Kalirad. Farid Kalirad reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. Your continued use of the website following the posting of any changes to the Terms of Use constitutes your acceptance of such changes.
ACCURACY AND COMPLETENESS OF INFORMATION
Farid Kalirad is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only, and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.
YOUR USE OF THE SITE
All content on this site (including but not limited to , code and software, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces) is the exclusive property of and owned by Farid Kalirad, its licensors, and/or its content providers, and is protected by copyright, trademark and other applicable laws worldwide.
You may access, download, store, display on your computer, view, listen to, copy, and print the materials and content that Farid Kalirad publishes or broadcasts on this site or makes available for download through the site for your personal, informational and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice appearing on the material you access, copy, download or print, and further provided that you do not distribute or transfer such materials and content. Any other use of content on the site, including but not limited to the modification, distribution, transmission, uploading, licensing, or the creation of derivative works from, any material, information, software, products or services or portions thereof obtained from the site, is expressly prohibited. Farid Kalirad, its licensors and/or content providers currently retain and shall retain full and complete ownership and title in and to the materials provided on this site, including all intellectual property rights thereto, and provide this material to you under a license that is revocable at any time in Farid Kalirad's sole discretion. Farid Kalirad neither warrants nor represents that your use of materials on this site will not infringe the rights of third parties.
As a condition of your use of the site, you will not use the site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.
MATERIALS YOU SUBMIT
You acknowledge that you are responsible for any material you may submit via this website, including but not limited to the legality, reliability, appropriateness, originality and copyright ownership of any such materials or content. You may not upload to, distribute or otherwise publish through this site any materials or content that: (i) are false; fraudulent; libelous; defamatory; abusive; obscene; threatening; or otherwise objectionable; confidential; infringing or invasive of privacy or publicity rights; infringing on intellectual property rights; abusive, and/or illegal; (ii) may constitute or incite a criminal offense; violate the rights of any party; or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, worms r any other form of malware; political campaigning; or chain letters; mass mailings; or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any materials or content. You may not upload commercial content onto the site.
If you do submit materials and content, and unless we expressly indicate otherwise, you hereby grant Farid Kalirad an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Farid Kalirad is free to use any ideas, information, concepts, and/or know-how that you or anyone acting on your behalf provide to Farid Kalirad. You grant Farid Kalirad the right to use the name you submit in connection with such materials or content, if Farid Kalirad elects to do so. All personal information provided via this site will be handled in accordance with the site's online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the materials and content you post; that the materials and/or content are accurate; that use of the materials and/or content you post or provide do not violate any provisions of the Terms of Use and will not cause injury to any individual or entity; and that you will indemnify Farid Kalirad for all claims resulting from materials and content you post or provide.
DISCLAIMERS
EXCEPT WHERE OTHERWISE EXPRESSLY PROVIDED, THIS SITE AND ALL MATERIALS AND CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. Farid Kalirads HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON INFRINGEMENT. Farid Kalirad MAKES NO WARRANTY THAT THE SITE, MATERIALS AND CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED OR SECURE BASIS, OR THAT THE QUALITY OF ANY MATERIALS OR CONTENT OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
IF YOU DOWNLOAD ANY MATERIAL OR CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR CONTENT.
LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Farid Kalirad BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR SOFTWARE FAILURE OR MALFUNCTION.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER Farid Kalirad NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH Farid Kalirad IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND Farid Kalirad HEREBY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
EXCLUSION OF LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS, EXCLUSIONS OR LIMITATIONS OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, AND NOTWITHSTANDING THAT ANY DISCLAIMER, EXCLUSION, OR LIMITATION OF LIABLITY MAY NOT APPLY TO YOU, ALL OTHER PROVISIONS OF THIS TERMS OF USE SHALL APPLY, AND REMAIN IN FULL FORCE AND EFFECT.
INDEMNIFICATION
You agree to defend, indemnify and hold Farid Kalirad harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from and related to your use of the site.
COPYRIGHT NOTICE
Unless otherwise noted, the graphic images, buttons and text contained in this site (Graphics) are the exclusive property of Farid Kalirad. Except as otherwise expressly authorized in the Terms of Use, the Graphics may not be copied, published, distributed, displayed, reproduced, or transmitted, in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of Farid Kalirad.
TRADEMARKS
This website features logos, brand identities and other trademarks and service marks (the "Marks") that are the property of, or are licensed to Farid Kalirad, its licensors, and/or content providers. All Marks are the property of their respective owners. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this site without written permission of Farid Kalirad or any third party that may own a Mark displayed on the site. Farid Kalirad reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the Federal Republic of Germany and other countries.
LINKS TO THIRD PARTY SITES
As a convenience to visitors and users, this website may link to other sites owned and operated by third parties and not owned or maintained by Farid Kalirad. However, even if such third parties are affiliated with Farid Kalirad, Farid Kalirad has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Farid Kalirad. Farid Kalirad is not and shall not be responsible for the materials or content of any linked sites and does not make any representations regarding the content or accuracy of materials or content on such sites. Accessing and using such third party sites is entirely at your own risk.
PRIVACY POLICY
Farid Kalirad respects your Privacy, and has developed a policy to address privacy concerns. For more information, please see Farid Kalirad's Privacy Policy. Any personal information collected on this site will be treated in accordance with Farid Kalirad's Privacy Policy.
NON-DISCLOSURE AGREEMENT
For purposes of this Agreement, "Confidential Information" shall mean any and all non-public information, including, without limitation, technical, developmental, marketing, sales, operating, performance, cost, know-how, business plans, business methods, and process information, disclosed to the Recipient. For convenience, the Disclosing Party may, but is not required to, mark written Confidential Information with the legend "Confidential" or an equivalent designation.
All Confidential Information disclosed to the Recipient will be used solely for the Business Purpose and for no other purpose whatsoever. The Recipient agrees to keep the Disclosing Party’s Confidential Information confidential and to protect the confidentiality of such Confidential Information with the same degree of care with which it protects the confidentiality of its own confidential information, but in no event with less than a reasonable degree of care. Recipient may disclose Confidential Information only to its employees, agents, consultants and contractors on a need-to-know basis, and only if such employees, agents, consultants and contractors have executed appropriate written agreements with Recipient sufficient to enable Recipient to enforce all the provisions of this Agreement. Recipient shall not make any copies of Disclosing Party’s Confidential Information except as needed for the Business Purpose. At the request of Disclosing Party, Recipient shall return to Disclosing Party all Confidential Information of Disclosing Party (including any copies thereof) or certify the destruction thereof.
All right title and interest in and to the Confidential Information shall remain with Disclosing Party or its licensors. Nothing in this Agreement is intended to grant any rights to Recipient under any patents, copyrights, trademarks, or trade secrets of Disclosing Party. ALL CONFIDENTIAL INFORMATION IS PROVIDED "AS IS". THE DISCLOSING PARTY MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, REGARDING NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ITS ACCURACY, COMPLETENESS OR PERFORMANCE.
The obligations and limitations set forth herein regarding Confidential Information shall not apply to information which is: (a) at any time in the public domain, other than by a breach on the part of the Recipient; or (b) at any time rightfully received from a third party which had the right to and transmits it to the Recipient without any obligation of confidentiality.
In the event that the Recipient shall breach this Agreement, or in the event that a breach appears to be imminent, the Disclosing Party shall be entitled to all legal and equitable remedies afforded it by law, and in addition may recover all reasonable costs and attorneys' fees incurred in seeking such remedies. If the Confidential Information is sought by any third party, including by way of subpoena or other court process, the Recipient shall inform the Disclosing Party of the request in sufficient time to permit the Disclosing Party to object to and, if necessary, seek court intervention to prevent the disclosure.
MINORS' USE OF THE SITE.
Minors (individuals under 13 years of age) are not eligible or authorized to view or use the site, and we ask that they do not submit any information, content or materials to us.
CAUTIONARY LANGUAGE REGARDING FORWARD-LOOKING STATEMENTS
This website may contain statements, estimates or projections that constitute "forward-looking statements" as defined under the Federal Republic of Germany. Any such forward-looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from Farid Kalirad's historical experience and our present expectations or projections. Farid Kalirad undertakes no obligation to publicly update or revise any forward-looking statements.
JURISDICTION
These Terms of Use are governed and interpreted under the laws of the Federal Republic of Germany, without regard to its choice of law provisions. By using this site you consent to the jurisdiction of the federal and state courts located in Berlin for any action or claim arising from or relating to these Terms of Use. If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that portion shall be deemed to be severable and shall be construed in accordance with applicable law. Such portion will not affect the validity and enforceability of any remaining provisions or terms. Farid Kalirad's failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver of the Terms of Use and shall not limit Farid Kalirad's rights with respect to such breach or any subsequent breaches.
EXPORT RESTRICTIONS/LEGAL COMPLIANCE
You may not access, download, use or export the site, or the materials and content provided on or through the site, in violation of Federal Republic of Germany export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any European or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Farid Kalirad in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction and of missile technology. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Farid Kalirad outside the European Neither the services of Farid Kalirad nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into: (a) Cuba, Iran, North Korea, Sudan, Syria or any other country subject to European trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawful permanent residents of countries not subject to such sanctions; or (b) to anyone on the E.U. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the E.U. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
CONTACT INFORMATION
If you have any questions regarding these Terms of Use, please contact Farid Kalirad at info@FARIDKALIRAD.COM If you have any other questions, contact information is available at FARIDKALIRAD.COM. These Terms of Use were last updated on Jan 25, 2016