Before registering on yallakuwait.com, please read the entire Agreement attentively. Please contact us if you have any questions before agreeing.
1. Terms of Payment
All applicable taxes and payments to DTS under this Agreement are solely the responsibility of the Account Holder, who shall pay when due and indemnify DTS against them. The fees set forth in the appropriate subscription agreement or order form (the Order Form) must be paid by the Account Holder to DTS.
2. Term; Termination
- The period of this Agreement will be determined by the parties in an Order Form (the Term). Unless otherwise specified in the Order Form, the duration of this Agreement will automatically renew on the first day after the conclusion of the current subscription period (the “Automatic Renewal”) (the “Renewal Date”). Account Holder may cancel such Automatic Renewal by canceling the subscription and this Agreement as described below, or by notifying Account Holder in writing, at least 30 days prior to the Renewal Date, that Account Holder does not intend to renew the subscription.
- If Account Holder breaches this Agreement and fails to cure the breach within 30 days of receiving written notification, DTS may terminate this Agreement. In the event of a termination, you must:
- Any Account Holder Data in DTS’s database will be destroyed, and the Account Holder shall remain liable for any amounts due under this Agreement (adjusted on a pro rata basis, if appropriate).
- All Account Holder Data in DTS’s database will be destroyed.
- By providing DTS with writing notice of termination, Account Holder may terminate this Agreement and its subscription to the Service. In the event of a termination, you must:
- If, and only if, notice of termination is given within 30 days of the start of the then-current Term (and no refund for prepaid fees will be given if notice of termination is given more than 30 days after the start of the then-current Term), Account Holder will be entitled to a refund of prepaid subscription fees for the then-current Term;
- All Account Holder Data in DTS’s database will be destroyed.
3. Intellectual Property Ownership and Licenses
- Ownership Rights in DTS
All right, titles and interests in and to the Service shall be owned and retained by DTS. DTS hereby provides Account Holder a worldwide, royalty-free, non-exclusive, revocable, limited license to use the Service during the Term, subject to the terms and conditions set out herein. Account Holder agrees not to copy, alter, modify, or create derivative works of the KuwaitYello.com Website or otherwise use the Service in any way that is in violation of this Agreement’s use restrictions. DTS does not provide Account Holder any express or implied license to DTS’s intellectual property.
- Restrictions on logging in and hosting
Account Holder acknowledges and agrees that Account Holder’s login information for the Service (e.g., username and password), including without limitation login information provided to individuals whom Account Holder invites to be administrators or agents on Account Holder’s account, may only be used by one person, and that multiple people using a single login for the Service is strictly prohibited. For the avoidance of doubt, the Account Holder agrees not to host the Service on its own or on the servers of any third party. Regardless of everything else in this Agreement, the parties agree that if Account Holder violates the conditions of this Subsection, DTS has the right to immediately and without notice terminate this Agreement.
- Others’ intellectual property is respected by DTS. It may disable and/or cancel the accounts of users who DTS feels have frequently infringed on the rights of others in suitable circumstances and at its discretion. If the Account Holder or any of its End Users believes that their work has been copied in a way that violates copyright or that their intellectual property rights have been violated in any other way, please contact DTS’s copyright agent via email at Contact us or by mail at DTS, Attn: Pajuostes pl. 45B, Panevezys, Lithuania:
- A signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property rights, whether electronic or physical;
- Account Holder’s accusation that his or her copyrighted work or other intellectual property has been infringed on;
- Description of the material on the site that Account Holder says is infringing, including a URL link;
- Address, phone number, and email address of the account holder;
- Account Holder’s statement that he or she believes the disputed use is not permitted or consented to by the copyright owner, its agent, or the law; and
- Account Holder’s statement, signed under pain of perjury, that the above information in Account Holder’s notice is absolutely accurate, and that Account Holder is the copyright or intellectual property owner, or is authorized to act on behalf of the copyright or intellectual property owner.
4. Representations and Warranties
To the opposite party, each party represents and warrants that:
- It has complete power, authority, and right to enter into this Agreement;
- Such party’s commitment under this Agreement is legitimate and binding;
- It has obtained, and will continue to maintain, all necessary licenses, authorizations, approvals, and consents to enter into and perform its responsibilities under this agreement in accordance with all applicable laws, rules, and regulations; and
- All applicable laws, rules, and regulations, including any privacy and data protection legislation, must be followed.
Account Holder further represents and warrants that the material in its business listing published on the Service does not infringe on any third party’s copyright, trademark, or other intellectual property rights and that such data otherwise complies with this Agreement. If DTS has cause to suspect Account Holder’s listing is in violation of this provision, DTS reserves the right, in its sole discretion, to delete Account Holder’s listing from yallakuwait.com Website. DTS further represents and warrants that the Service does not infringe on any third party’s copyright, trademark, or other intellectual property rights.
Each party agrees to indemnify and hold the other party, its affiliates, and agents harmless from and against any and all losses, costs, liabilities, and expenses, including attorney’s fees, arising from such party’s breach of the representations, warranties, and covenants made herein, or from such party’s negligence or willful misconduct. Account Holder further agrees to indemnify and keep DTS and its affiliates and agents harmless from and against any damages, costs, liabilities, and expenses, including attorney’s fees, arising out of the Account Holder Data, except in the case of DTS negligence or willful misconduct. The indemnifying party shall have the right to assume control and defense of any matter for which it is required to indemnify the other party hereunder, and the other party agrees to cooperate with the indemnifying party’s defense of such claims; provided, however, that the indemnified party may participate in such defense with counsel of its choice, at its sole expense.
6. Disclaimers; No Warranties
DTS MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION THE SERVICE, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE, UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT. DTS DOES NOT GUARANTEE THE OUTCOMES OF USING THE SERVICE, AND THE ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY IN THIS REGARD. THE ACCOUNT HOLDER SHOULD BE AWARE THAT SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURES THAT ARE NOT UNDER DTS’S CONTROL WHEN USING THE SERVICE (SUCH AS THIRD-PARTY SERVERS). DTS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SECURITY OF THIRD-PARTY INFRASTRUCTURES.
7. Limitation of Liability and Damages
EITHER PARTY OR ITS AFFILIATES WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF BUSINESS, PROFITS, OR OTHER LOSS, EVEN IF SUCH PARTY OR ITS AUTH. EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS SET FORTH HEREIN, NEITHER PARTY’S NOR ITS AFFILIATE’S TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERS.
“Confidential Information” refers to information that is not publicly available.
- all information about the account holder; and
- any information that is commonly regarded as confidential in nature or has been labeled as such by either party, but not information that:
- without access to the other party’s Confidential Information; is independently developed by the receiving party;
- becomes publicly known as a result of the receiving party’s failure to comply with this Agreement;
- has been legally obtained from a third party with the authority to make such a disclosure;
- has been authorized for distribution by the disclosing party in writing; or
- A legal or governmental authority has ordered that information be made public.
Neither party will use, sell, or disclose any Confidential Information of the other party except as specifically contemplated herein throughout the life of this Agreement and for a period of 12 months following termination, except to the license expressly granted herein. Regardless of the foregoing, any party may disclose the other’s Confidential Information only to the extent required to comply with relevant laws, rules, or regulations.
DTS has the right to change these Terms of Service at any time and without notice, at its sole discretion. If DTS alters these Terms of Service, we will post the changes on our website or send you to notice; but, unless otherwise mutually agreed in writing by DTS and the Account Holder, no such modification, discontinuation, or termination will take effect until the Account Holder’s next Renewal Date. Neither party may assign any of its rights, obligations, or licenses under this Agreement without the other party’s prior written consent; provided, however, that either party may assign this Agreement and its rights and obligations hereunder to a successor of such party by way of merger, consolidation, or acquisition of all or substantially all of such assigning party’s assets or business, so long as the assigning party’s assets or business are substantially all of such assigning party’s assets or business. DTS and Account Holder are both independent contractors, with neither acting as the other’s agent, representative, employer, employee, or partner. DTS and Account Holder is solely responsible for their respective personnel’s actions and This Agreement is governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to conflict of laws principles. Any notices required to be made to DTS under this Agreement must be sent to DTS via email at Contact us or a nationally recognized express delivery service at Pajuostes Pajuostes pl. 45B, Panevezys, Lithuania, and will be deemed given upon receipt. omissions. The full agreement between DTS and the Account Holder is set forth in this Agreement. DTS reserves the right to send any notices to Account Holder under this Agreement by electronic mail to the last email address DTS has on file for Account Holder or by nationally recognized express delivery service to the last postal address DTS has on file for Account Holder. The waiver of any breach or default under this Agreement will not be construed as a waiver of any subsequent breach or default, nor will it affect the waiving party’s rights. If any section of this Agreement is found to be unenforceable in any way, that provision will be severed, and the remaining terms of this Agreement will continue to be in full force and effect.