Terms of Service
1. Your Acceptance
2. Zbouta Service
These Terms of Service apply to all users of the Zbouta Service. The Zbouta provided status information may contain links to third party websites that are not owned or controlled by eSharing. eSharing has no control over, and assumes no responsibility for, the content, availability of content, reliability of content, privacy policies, or practices of any third party data sources or websites. In addition, eSharing will not and cannot censor or edit the content of any third-party site. By using the Service, You expressly acknowledge and agree that eSharing shall not be responsible for any damages, claims or other liability arising from or related to Your use of the Service.
3. Zbouta Access
A. Subject to Your compliance with these Terms of Service, eSharing hereby grants You permission to use the Service, provided that: (i) Your use of the Service as permitted is solely for Your personal, noncommercial use; (ii) You will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without eSharing’s prior written authorization; (iii) You will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) You will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access and use the features of the Service, You acknowledge and agree that You will have to provide eSharing with Your email address and vehicle license plate number(s). When providing Your email address and vehicle license plate number(s), You must provide accurate and complete information. You hereby give Your express consent to eSharing to use the email address and vehicle license plate number(s) You provide for use in providing You access and use of the Service. You may never use another person’s email address and vehicle license plate number(s) without his or her permission. You must notify eSharing immediately of any breach of security or unauthorized use of Your Zbouta account or mobile phone. Although eSharing will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of eSharing or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, Apache Bench, mswebstress, httpload, Blitz, etc., that accesses the Service in a manner that sends more request messages to the Zbouta servers in a given period of time than a human can reasonably produce in the same period by using a Zbouta application, and You are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, eSharing grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. eSharing reserves the right to revoke these exceptions either generally or in specific cases. While we do not disallow the use of sniffers such as Ethereal, TCPdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Zbouta clients. We have to disallow using request modification tools such as Fiddler or Whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before You measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including email accounts and vehicle license plate numbers, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes.
4. Intellectual Property Rights
The design of the Zbouta Service along with eSharing created text, scripts, graphics, interactive features and the like ("Zbouta Client") except all Vehicle License Plate Number Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to eSharing, subject to copyright and other intellectual property rights under Lebanon, United States, and foreign laws and international conventions. The Service is provided to You AS IS for Your information and personal use only. eSharing reserves all rights not expressly granted in and to the Service and the Client. You agree to not engage in the use, copying, or distribution of any of the Client other than expressly permitted herein, including any use, copying, or distribution of Vehicle License Plate Number Submissions of third parties obtained through the Service for any commercial purposes.
5. Vehicle License Plate Number Submissions
A. The Zbouta Service permits the submission of vehicle license plate numbers and other communications submitted by You and other users ("Vehicle License Plate Number Submissions") and the hosting, sharing, and/or publishing of such Vehicle License Plate Number Submissions. As clarified in the following section, You retain Your ownership rights in Your Vehicle License Plate Number Submissions. You understand that whether or not such Vehicle License Plate Number Submissions are published, eSharing does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for Your own Vehicle License Plate Number Submissions and the consequences of posting or publishing them. Because Zbouta is only acting as a repository of data, user submitted information do not necessarily represent the views or opinions of eSharing, and eSharing makes no guarantees as to the validity, accuracy or legality of any information. In connection with Vehicle License Plate Number Submissions, You affirm, represent, and/or warrant that: (i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize eSharing to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Vehicle License Plate Number Submissions to enable inclusion and use of the Vehicle License Plate Number Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the Vehicle License Plate Number Submission to use their information to enable inclusion and use of the Vehicle License Plate Number Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: You retain all of Your ownership rights in Your Vehicle License Plate Number Submissions, but You have to have the rights in the first place. However, by submitting the Vehicle License Plate Number Submissions to Zbouta, You hereby grant eSharing a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Vehicle License Plate Number Submissions in connection with the Zbouta Service and eSharing's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Zbouta Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to Your status on the Zbouta Service a non-exclusive license to access Your Vehicle License Plate Number Submissions through the Service, Email, and mobile phone and to display parts of Vehicle License Plate Number Submissions as permitted through the functionality of the Service and under these Terms of Service. The foregoing license granted by You terminates once You remove or delete a Vehicle License Plate Number Submission from the Zbouta Service.
C. In connection with Vehicle License Plate Number Submissions, You further agree that You will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant eSharing all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage eSharing or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Zbouta Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Zbouta Service or its related systems or networks.
D. eSharing does not endorse any user submissions or any opinion, recommendation, or advice expressed therein, and eSharing expressly disclaims any and all liability in connection with Vehicle License Plate Number Submissions. eSharing does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and eSharing will remove all Content and Vehicle License Plate Number Submissions if properly notified that such Content or Vehicle License Plate Number Submission infringes on another’s intellectual property rights. eSharing reserves the right to remove Content and Vehicle License Plate Number Submissions without prior notice. eSharing may also terminate a user's access to its Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Vehicle License Plate Number Submission removed from the Website more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized eSharing employees, agents, subagents, or superagents. eSharing also reserves the right to decide whether content or a Vehicle License Plate Number Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. eSharing may remove such Vehicle License Plate Number Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that, when using the Zbouta Service, You will be receiving notifications from the Zbouta Service about speeding tickets and the like based on information obtained from the Lebanese Ministry of Interior data repository, and that eSharing is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Vehicle License Plate Number Submissions, and that such Vehicle License Plate Number Submissions are not the responsibility of eSharing. You further understand and acknowledge that You may be exposed to notifications of Vehicle License Plate Number Submissions that are inaccurate, incomplete, or missing, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against eSharing with respect thereto, and agree to indemnify and hold eSharing, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the site.
F. eSharing permits You to link to materials on the Service for personal, non-commercial purposes only. Commercial versions may be made available, at eSharing’s sole discretion, under separate licensing and terms. eSharing reserves the right to discontinue any aspect of the Zbouta Service at any time and without notice.
6. Warranty Disclaimer
You agree that Your use of the Zbouta Service shall be at Your sole risk. To the fullest extent permitted by law, eSharing, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and Your use thereof. eSharing makes no warranties or representations about the reliability, availability, accuracy, or completeness of this Service’s content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service through the actions of any third party, and/or (vi) any errors or omission in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Zbouta Service. eSharing does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Zbouta Service or any hyperlinked website or featured in any User submission or other advertising, and eSharing will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products and services. As with the purchase of a product or service through any medium or in any environment, You should use Your best judgment and exercise caution where appropriate, and again, use this just for fun. No refunds of any purchases you make for the Zbouta Service shall be issued by eSharing.
7. Limitation of Liability
In no event shall eSharing, its officers, directors, employees, or agents, be liable to You for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Zbouta Service, (iii) any unauthorized access to or use of the Zbouta Service secure servers and/or any and all personal information and/or financial information stored herein, (iv) any interruption or cessation of transmission to or from our servers, (v) any interruption or cessation of transmission between our servers and data provider servers at the Lebanese Ministry of Interior, (vi) any defects, viruses, Trojan horses, or the like, which may be transmitted to or through our service by any third party, and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Your use of any content posted, emailed, transmitted, or otherwise made available via the Zbouta client, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law applicable in Lebanon.
You specifically acknowledge that eSharing shall not be liable for any user information submitted or for the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.
The Zbouta Service is controlled and offered by eSharing from its data center in Lebanon. eSharing makes no representations that the Zbouta Service is appropriate or available for use in other locations. Those who access or use the Zbouta Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
You agree to defend, indemnify and hold harmless eSharing, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Zbouta Service; (ii) Your violation of any term of these Terms of Service; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of Your Vehicle License Plate Number Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and Your use of the Zbouta Service.
9. Ability to Accept Terms of Service
You affirm that You are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, You affirm that You are at least 16 years old as the Zbouta Service is not intended for children under 16. If You are under 16 years of age, You are not permitted to use the Zbouta Service. eSharing is the developer of the Service, with an address at Yachoui Building, 5th Floor, Jal El Dib Bank Street, Beirut, Lebanon, email@example.com.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by eSharing without restriction.
You agree that: (i) the Zbouta Service shall be deemed solely based in Beirut, Lebanon; (ii) the Zbouta Service shall be deemed a passive server that does not give rise to personal jurisdiction over Zbouta, either specific or general, in jurisdictions other than Lebanon; and (iii) that You agree to subject to the jurisdiction of Lebanon in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of Lebanon, without respect to its conflict of laws principles. Any claim or dispute between You and eSharing that arises in whole or in part from the Zbouta Service shall be decided exclusively by a court of competent jurisdiction located in Beirut, Lebanon. These Terms of Service, together with the Privacy Notice at http://www.zbouta.com/ and any other legal notices published by eSharing, including, but not limited to an end user license agreement, shall constitute the entire agreement between You and eSharing concerning the Zbouta Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and eSharing's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. eSharing reserves the right to amend or modify these Terms of Service at any time, and it is Your responsibility to review these Terms of Service for any changes. Your use of the Zbouta Service following any amendment of these Terms of Service will signify Your assent to and acceptance of its revised terms. You and eSharing agree that any cause of action arising out of or related to the Zbouta Service must commence within one hundred and eighty (180) days after the cause of action accrues. Otherwise, such cause of action is permanently barred.