Consumer Terms of Use and License Agreement

Last updated December 8, 2016 

 

By using the Services available at this site you agree to comply with the following terms and conditions. THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF AL MANHAL, SO PLEASE READ THESE TERMS CAREFULLY AND IN THEIR ENTIRETY.

 

For purposes of this Agreement, "Al Manhal" is Al Manhal FZLLC; “you” or “User” refer to the person who completed the registration process and created an account with Al Manhal and/or is otherwise accessing the Services offered by Al Manhal; "Services” means the Al Manhal website, platform, Internet services and mobile device apps (“Apps”) and related products to which you have purchased access or a subscription as well as audiobooks and eBooks to which you have purchased access or a subscription and periodicals to which you have purchased a subscription; "Platform" shall mean the products made available by Al Manhal; “Publications” means audiobooks, eBooks, journals and publication related content; and “Terms” or “Agreement” means these Consumer Terms of Use and License Agreement.

 

Al Manhal disclaims any liability for the accuracy, completeness or functionality of any material contained herein, referred to, or linked to.

 

1.     Deemed Acceptance.  By creating an account with Al Manhal or otherwise using any Service or Al Manhal related service, you represent that have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. These Terms constitute a binding agreement between you and Al Manhal.  If you do not agree to these Terms, you may not use the Service. Al Manhal reserves the right to immediately terminate your access to the Service, if you do not comply with these Terms.

 

2.     License Grant.  Subject to the terms of this Agreement, Al Manhal hereby grants to the User a non-exclusive and non-transferable right for the User to access and use the Service ordered by the User according to the terms and conditions of this Agreement.  The Services made available to the User are the subject of copyright protection, and the original copyright owner (Al Manhal or its licensors) retains the ownership of the Services and all portions thereof. Al Manhal does not transfer any ownership, and the User may not reproduce, distribute, display, modify, transfer or transmit, in any form, or by any means, any Service or any portion thereof without the prior written consent of Al Manhal, except as specifically authorized in this Agreement.

 

3.     Authorized Use.  Certain portions of the Service are available only to companies or individuals who have registered with and obtained a password from Al Manhal.  By registering with Al Manhal, if you are an individual, you certify that you are at least 18 years of age. While registering with Al Manhal, you must provide true and accurate data which includes your geographical location, personal details and billing information. The responsibility for maintaining and updating this data lies solely with you. You will maintain and promptly update your information to keep it true, accurate, current and complete.  You agree not to misrepresent geographical locations, use proxies, use IP spoofing or by any other means to hide the origin of any message you send or purchase you make through the Service. You agree not to pretend to be any other individual or identity.  Al Manhal reserves the right to terminate an account for untrue or inaccurate data provided at any time.  You are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and Services. The responsibility for maintaining the confidentiality of the password and the account information rests entirely with you. You agree to immediately notify Al Manhal of any unauthorized use of your password or account or any other breach of security.

 

4.     Restrictions.  You agree to abide by any contractual restrictions, copyright restrictions or other restrictions (contractual restrictions, copyright restrictions and other restrictions collectively referred to as “Restrictions”) provided by Al Manhal (or its licensors) and specified in these Terms or in the Service. Except as permitted by Al Manhal (or its licensors), you acknowledge that you do not acquire any ownership or other intellectual property rights by downloading Publications accessed through the Service.  Except as explicitly required under copyright law or permitted by the features of the Service you may not modify, decompile, disassemble, translate, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party the content of the App, the Publications, the Service or any portion of them without the express permission of Al Manhal (or its licensors). Any unauthorized use of the Service may violate applicable laws including copyright and trademark laws.  If any illegal activity is detected, Al Manhal reserves the right to terminate your account and/or your access immediately.

 

5.     Variations in Content.  The content provided as part of the Service is primarily owned and supplied to Al Manhal under agreement with third party licensors, and is subject to the continuation and extent of the license granted under such agreements. Al Manhal shall have the right, in its reasonable and good faith discretion, to remove or modify content in the Service because (a) Al Manhal’s right to distribute such content lapses, (b) such content contains errors or could be subject to an infringement or other adverse claim by a third party, or (c) particular content collections have changed due to editorial selection, coordination, or arrangement of materials.

 

6.     Fees and Payments.   You agree to pay the fees for the Service shown on the Purchase Order within the time period specified therein.

 

7.     Place.  The Service is controlled, operated and administered by Al Manhal from its offices within the United States of America. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws that apply to you. You agree that you will not use the Service or any Publications accessed through the Service in any country or in any manner prohibited by the United States Export Administration Act or any other applicable laws, restrictions or regulations.

 

8.     User Content.  Al Manhal reserves all rights to monitor the content published and inputted by you for the purpose of determining whether you are compliant with these terms and conditions and other operating rules determined by Al Manhal. Al Manhal has the right to take decisions about the content and delete them at its own will.

 

9.     No Editorial Control.  Al Manhal is an aggregator and distributor and NOT a publisher of the Publications and so Al Manhal has no editorial control over the content, including opinions, advice, statements, services or offers that are represented in the Publications.   Al Manhal will not take responsibility for the accuracy or the reliability of any information or facts provided in the Service or that are made available through the Service. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those made in the Publications offered through the Service, are those of the respective author(s) or publisher(s) and not of Al Manhal.

 

10.     Third-Party Sites.  Al Manhal will not be liable for any loss or damage caused by your reliance on information obtained through the Service or from the Publications.  The Service may contain links to other Internet sites and third-party resources and Al Manhal does not assume any responsibility or liability for communications or materials available at such linked sites. These links are provided for your convenience only. You are solely responsible for understanding any terms and conditions that may apply when you visit or place an order through a third-party site. 

 

11.     Third Party Resources.  Al Manhal is not responsible if any third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the User.  While Al Manhal will make best efforts to help troubleshoot problems, the User acknowledges that certain aspects of functionality may be dependent on third party resources providers who may need to be contacted directly for resolution.

 

12.     Modification or Suspension of Service.  Al Manhal reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Al Manhal shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

13.     Service Level.  If the Service or content is hosted by Al Manhal, Al Manhal will use commercially reasonable efforts to provide access to the Service on a continuous 24/7 basis (except for regularly scheduled maintenance) and free from viruses or other harmful software.  Al Manhal shall not be liable for any failure or delay or interruption in the Service or failure of any equipment or telecommunications resulting from any cause beyond Al Manhal’s reasonable control.  The User is responsible for providing all required information for account set up and activation, and for its own telecommunications connections and related third-party charges.

 

14.     Limited Warranty and Disclaimer Of Warranty.  THE SERVICE AND ALL PUBLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AL MANHAL, AFFILIATES, SUPPLIERS, LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE PERTAINING TO: MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, CORRECTNESS, TIMELINESS, RELIABILITY, CURRENCY OR COMPLETENESS OF THE SERVICE OR ANY INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICE, EVEN IF ASSISTED BY AL MANHAL.  AL MANHAL SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR DETERMINING THE COMPABILITY OF ANY HARDWARE OR SOFTWARE NOT SUPPLIED BY AL MANHAL WITH THE SERVICE AND PROVIDES NO WARRANTY WITH RESPECT TO THE OPERATION OF SUCH HARDWARE OR SOFTWARE WITH THE SERVICE.  YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY AND YOUR DEVICE. AL MANHAL IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AL MANHAL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.

 

15.     Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF AL MANHAL FOR CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR PUBLICATIONS OR OTHERWISE SHALL BE LIMITED TO THE FEES PAID BY YOU TO AL MANHAL IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.   IN NO EVENT SHALL AL MANHAL NOR ITS AFFILIATES, SUPPLIERS LICENSORS, OR AGENTS BE LIABLE UNDER ANY THEORY OF LAW, FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (B) ANY CLAIM RELATED TO USER’S USE OF COVER IMAGES OR USER-GENERATED CONTENT PROVIDED AS PART OF THE SERVICE, OR (C) UNAUTHORIZED USE OF THE SERVICE.

 

16.     Indemnification.  You agree to indemnify Al Manhal its licensors, its employees and its affiliates (i) from all claims, demands, actions, damages, costs and liabilities arising out of your use or misuse of the Service and (ii) against any actions by you that are not consistent with any applicable laws or Restrictions.

 

17.     Taxes.  All sales related taxes will be paid by the User as per the taxation norms that may change from time to time based on the location of the User.  All pricing and tax on the Apple iTunes App will be governed by Apple's iTunes Terms and Conditions.

 

18.     Term.  The User’s access to a particular Service shall continue for the period specified on the purchase order, plus any agreed renewal period(s).  This Agreement shall continue in force for so long as the User subscribes to at least one Service.  Thereafter, the following survive: this provision, Clause 7, Clause 13, Clause 14, Clause 15 and any perpetual licenses (subject to all relevant use restrictions and security requirements). 

 

19.     Material Breach.  If a party breaches a material term of this Agreement and does not cure such breach within 15 days from written notice, the other party may immediately terminate this Agreement in whole or as to the affected Service.  If this Agreement is terminated in whole or in part for User’s breach, (a) Al Manhal shall disable access to any terminated Service, (b) Customer shall destroy any files, information, data or software derived from any terminated Service in its possession or control, and certify destruction upon request and (c) Al Manhal reserves the right to pursue all available legal remedies.

 

20.     Remedial Action.  Without limiting the above, Al Manhal may suspend delivery of the Service if it reasonably determines that User’s failure to comply with this Agreement may cause irreparable harm to it or its licensors.  If delivery is suspended, Al Manhal will work in good faith to restore User’s access as soon as possible.

 

21.     Force Majeure.  Neither Al Manhal nor its licensors will be liable or deemed to be in default for any delays or failure in performance resulting directly or indirectly from any cause or circumstance beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authority, rain, fire, flood, accidents, earthquake(s), strikes or labor shortages, transportation facilities shortages or failures of equipment, or failures of the Internet.

 

22.     No Refunds.  Your satisfaction is very important to us. However all sales are final and no refunds in full or in part will be issued to you.

 

23.     Apple iTunes App Subscriptions.  All Apple iTunes App subscriptions bought through Al Manhal are auto renewable. The subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.

 

24.     Trademarks.  "Al Manhal", "almanhal.com" and all other related words and domain names are the trademarks and the property of Al Manhal.  All other trademarks, logos, company names and the like are the property of their respective owners. 

 

25.     Entire Agreement.  These Terms and any other rules, guidelines, licenses and disclaimers posted on the Service constitute the entire agreement between Al Manhal and you with respect to your use of the Service and supersede all previous written or oral agreements between us with respect to the subject matter hereof. There are no representations, warranties, promises, covenants or undertakings, except as described here.  If you use purchase orders in conjunction with this Agreement, then the you agree that the following statement is hereby automatically made part of such purchase orders: "The terms and conditions set forth in the Consumer Terms of Use and License Agreement are made part of this purchase order and are in lieu of all terms and conditions, express or implied, in this purchase order, including any renewals hereof."

 

26.     No Assignment.  This Agreement and the license granted herein may not be assigned by you to any third party without written consent of Al Manhal.

 

27.     Revisions to Terms.   Al Manhal reserves the right to revise these Terms from time to time.  Please refer to the Al Manhal website and Al Manhal Apps periodically for any changes. The update date first written above is used to alert you to recent modifications. Your access or use of the Service subsequent to such an update will signify your assent to be bound by such changes.

 

28.     Severability.  If any term or condition of this Agreement is found by a court of competent jurisdiction or administrative agency to be invalid or unenforceable, the remaining terms and conditions thereof shall remain in full force and effect so long as a valid Agreement is in effect.

 

29.     IP Addresses.  Al Manhal grants you a non-transferable right to utilize any IP addresses provided by Al Manhal to you to be used with the Service.  Al Manhal does not transfer any ownership of the IP addresses it provides to you.  In the event of termination of your license to the Service, the your right to utilize such IP addresses will cease.

 

 

If you have any questions regarding our terms and conditions, please email us at info@almanhal.com

 

Exhibit A: Permitted Uses


1.     Online Research Services.  Services designed to facilitate online research may be used for User’s internal research or educational purposes as outlined below provided that doing so does not violate an express provision of this Agreement: 

(A)     Research and Analysis.  User is permitted to display and use reasonable portions of information contained in the Service for educational or research purposes, including illustration, explanation, example, comment, criticism, teaching, or analysis.
(B)     Digital and Print Copies. User may download or create printouts of a reasonable portion of articles or other works represented in the Service (i) for its own internal or personal use; (ii) when required by law for use in legal proceedings or (iii) to furnish such information to a third party for the purpose of, or in anticipation of, regulatory approval or purpose provided that the recipient are advised that the copies are confidential and not for redistribution. All downloading, printing and/or electronic storage of materials retrieved through the Service must be retrieved directly from the on-line system for each and every print or digital copy. 
(C)     Electronic Reserves, Coursepacks, and Intranet Use. Provided that User does not circumvent any features or functionality of the Service, User may include durable links to articles or other works (or portions thereof) contained in the Service in electronic reserves systems, online course packs and/or intranet sites so long as access to such materials are limited to Authorized Users.

 

2.     MARC Records. MARC records may be placed in User’s online public access catalog (OPAC) or shared online catalog (e.g., WorldCat) unless otherwise specified on the Purchase Order with respect to a particular Service. 


3.     Purchased Content. For perpetual archive licenses (“PAL”) (as specified on the Al Manhal Websites or Purchase Order), User pays a one-time fee for a perpetual license to the designated content (the “Purchased Content”).

(A)     Perpetual License. The License to Purchased Content and any updates User receives is perpetual, and may only be revoked if User materially breaches this Agreement, or if the licensed materials contain errors or could be subject to an infringement or other adverse claim by a third party.

(B)     File Delivery. If User loses the ability to access its Purchased Content online through Al Manhal (e.g., if Al Manhal discontinues online access services), or if the Purchased Content is otherwise eligible for local loading, User may obtain digital copies upon certifying that it will secure and restrict use of the Purchased Content as contemplated under this Agreement, using systems and technology at least as protective as Al Manhal’s.  File transfer costs, if any, are the User’s responsibility.

 

4.     Patron Driven Acquisition (“PDA”).  For certain Services, the User may elect to have user activity trigger the purchase of content. Purchase preferences and Service eligibility for the PDA model are described on the Al Manhal Websites.

 

5.     Analytics. Some Services contain library collection analysis capabilities related to library holdings, or functionality that allows Users to create reports, lists, or alerts.  User may create, download, store and retain any such analytics or lists delivered by the Service. Al Manhal may use information in the Service for comparison and metrics purposes in order to better understand the User’s needs.


6.     Restrictions. Except as expressly permitted above, Users shall not: 


(A)     Translate, reverse engineer, disassemble, decompile, discover, or modify Al Manhal’s software;


(B)     Remove any copyright and other proprietary notices placed upon the Service or any materials retrieved from the Service by Al Manhal or its licensors;


(C)     Circumvent any use limitation or protection device contained in or placed upon the Service or any materials retrieved from the Service; 


(D)     Use the Service to execute denial of service attacks;


(E)     Perform automated searches against Al Manahl’s systems (except for non-burdensome federated search services), including automated “bots,” link checkers or other scripts;

 
(F)     Provide access to or use of the Services by or for the benefit of any unauthorized school, library, organization, or user;

 

(G)     Publish, broadcast, sell, use or provide access to the Service or any materials retrieved from the Service in any manner that will infringe the copyright or other proprietary rights of Al Manhal or its licensors;

 

(H)     Use the Service to create products or perform services which compete or interfere with those of Al Manhal or its licensors;

 

(I)     Text mine, data mine or harvest metadata from the Service;


(J)     Communicate or redistribute materials retrieved from the Service; or 


(K)     Download all or parts of the Service in a systematic or regular manner or so as to create a collection of materials comprising all or a material subset of the Service, in any form.