PLEASE READ THESE DOCUMENTS CAREFULLY
BEFORE USING OUR WEBSITE
Bakara Investments Terms and Conditions
2.0 Forward Looking Statements
3.0 Conditions on Participation
4.0 Purpose of Services and Website
5.0 Disclaimer regarding Content
6.0 Ownership of Information; Downloading of Materials;
Retransmission and Redistribution of Data
7.0 Our Data Providers? Requirements
8.0 Disclaimer Regarding Links and other Third Party Content
9.0 No Creation of Third-Party Rights
10.0 Complaints Over Perceived Infringement
11.0 No Advice or Solicitation
12.0 Product Demonstrations
13.0 Access and Security
14.0 Disclaimer of Warranties and Limitation of Liability
16.0 Modification and Termination of Website;
Modification of Website Terms and Conditions
17.0 Data Providers Enforcement Right
18.0 Force Majeure
19.0 Entire Agreement
20.0 Severability; No Waiver
21.0 Choice of Law; Choice of Forum
24.0 Your Consent
2.0 Scope of Policy
3.0 What Information We Collect and Use
4.0 What We Do with Information We Collect and Use
5.0 Changing or Removing Personal Information; Opting Out
6.0 Communications to our Users
7.0 Security of Personally Identifiable Information
9.0 Notification of Changes
10.0 Relationship to Website Terms and Conditions
11.0 Your Consent
12.0 Contact Us
Bakara Investments Website Terms and Conditions
These Terms and Conditions (the ?Website Terms and Conditions?) govern your use of the Website, your receipt of any premium or subscription-based services and information made available through the Website, and your use of any demo services available through the Website (collectively, the ?Services?). The Website constitutes an agreement between you and Bakara Investments. Some of the services, information and products available from us or third parties through the Website may also be governed by additional agreements. To the extent that there is any conflict between these Website Terms and Conditions and any separate written agreement you have executed or otherwise entered into with us regarding any services or information available through the Website, the terms of such separate agreement shall control.
Please read these Website Terms and Conditions carefully; they impose legal obligations on you and govern your relationship with us. By accessing the Website or using the Services, you are acknowledging that you have read and understood these Website Terms and Conditions and agree, without limitation or qualification, to be legally bound by, and to comply with them.
In addition, if you register as a user of any of the features of our Website or Services offered through our Website, during the registration process you may be prompted to click an ?I Accept,? ?Submit? or similar button. Your clicking on such button will further confirm your agreement to be legally bound by these Website Terms and Conditions and any additional terms and conditions of service that we may present to you at that time.
2.0 Forward Looking Statements.
The Website may contain forward-looking statements within the meaning of the Safe Harbor provisions of the Private Securities Litigation Reform Act of 1995, and these statements are subject to the safe-harbor created by such Act. Such statements include any statements regarding our future financial performance, future operating results, projections or our plans or expectations for our company and our business. These statements are based on management's expectations and beliefs and involve known and unknown risks, uncertainties and other factors that may cause actual results to be materially different from those contemplated by the forward-looking statements. For further information on risk factors affecting our company and our business, please refer to our most recent annual, quarterly and other (e.g. Form 8-K) reports filed with the Securities and Exchange Commission. We undertake no obligation to update any forward-looking statements.
3.0 Conditions on Participation.
You may use the Services only if: (i) you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction; (ii) your use of the Services will not violate any law in any applicable jurisdiction; (iii) you do not engage in any conduct that will impede, impair or interfere with the functioning of the Services; and (iv) you agree to be bound by and abide by all of the provisions of these Website Terms and Conditions.
You acknowledge and agree that we may terminate your access to the Website and the Services should you fail to comply with the Website Terms and Conditions. Any such termination shall be in our sole discretion and may occur without prior notice, or any notice. Bakara Investments reserves the right to terminate any user?s access to the Website or the Services for any conduct or activity that Bakara Investments, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Bakara Investments, or for any conduct or activity that violates any local, state, federal or foreign laws or regulations. Bakara Investments further reserves the right to terminate any user?s access to the Website or Services for any reason or for no reason at all, in Bakara Investments?s sole discretion, without any prior or other notice.
5.0 Disclaimer regarding Content.
Bakara Investments cannot and does not represent or guarantee that any of the information available through the Services or Website is accurate, reliable, current, complete or appropriate for your needs. Various information available through the Services or Website may be provided by parties with whom Bakara Investments has no relationship (or no relationship other than one established through these Website Terms and Conditions). Some other information available through the Services or Website may be specially obtained by Bakara Investments from professional businesses or organizations, such as exchanges, news providers, market data providers and other content providers, who are believed to be sources of reliable information (collectively, the ?Data Providers?). Nevertheless, due to various factors?including the inherent possibility of human and mechanical error?the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through the Services and Website are not and cannot be guaranteed by Bakara Investments.
6.0 Ownership of Information; Downloading of Materials; Retransmission and Redistribution of Data.
Unless otherwise noted, all right, title and interest in and to the Website and the information made available through it, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of Bakara Investments, its affiliates or its Data Providers. To the extent the Website or the Services contain information from third parties pursuant to rights granted as a matter of law (such as principles of ?fair use?), Bakara Investments owns all right, title and interest (including copyright), in all languages, formats and media throughout the world, in the selection, arrangement and presentation of such information on the Website or in the Services, as well as in the selection, arrangement and presentation of other content on the Website and in the Services. Certain materials may be made available for download from the Website. Subject to these Website Terms and Conditions, Bakara Investments grants you permission to download and copy such materials solely for your internal, non-commercial use; provided that all copyright notices appearing on the originals are duplicated on all copies thereof; and provided further, that you do not modify the materials in any way. Without limiting any other right or remedy available to Bakara Investments, at law or in equity, the permission herein granted will automatically terminate in the event you breach any website Terms and Conditions and, in such event, you must destroy immediately all downloaded materials in your possession, custody or control.
EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY THE PRECEDING PARAGRAPH, YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST OR CIRCULATE ANY OF THE SERVICES OR MATERIALS IN ANY MANNER OR FOR ANY PURPOSES (WHETHER PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF Bakara Investments AND/OR THE DATA PROVIDERS. IN ADDITION, YOU SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF Bakara Investments AND THE RELEVANT DATA PROVIDERS, MAKE COPIES OF ANY OF THE SOFTWARE OR DOCUMENTATION THAT MAY BE PROVIDED, ELECTRONICALLY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TRANSLATING, DECOMPILING, DISASSEMBLING OR CREATING DERIVATIVE WORKS.
YOU FURTHER AGREE NOT TO USE THE WEBSITE OR INFORMATION MADE AVAILABLE THROUGH THE WEBSITE FOR ANY UNLAWFUL PURPOSE AND AGREE TO COMPLY WITH REASONABLE REQUESTS BY Bakara Investments TO PROTECT THE RESPECTIVE RIGHTS OF BAKARA INVESTMENTS, ITS AFFILIATES, LICENSORS AND THE DATA PROVIDERS IN THE SERVICES AND IN THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES.
7.0 Our Data Providers? Requirements.
These Website Terms and Conditions are subject to all requirements of Bakara Investments?s Data Providers under Bakara Investments?s agreements with such Data Providers, including such additional financial and contractual requirements as may be imposed by such Data Providers from time to time.
8.0 Disclaimer Regarding Links and other Third Party Content.
The Website and Services may provide you with the ability to access a variety of information, material or other content from third parties (?Third Party Content?), including through links to other websites and forums on which users or other third parties, themselves, may post Third Party Content. Whenever you access third party content, YOU PROCEED AT YOUR OWN RISK. You understand and agree that such third parties are solely liable for any content or other material posted or otherwise provided by third parties. You further acknowledge that Bakara Investments does not necessarily (and is not obligated to) review or screen any third Party Content, either before or after it becomes available through the Website and Services, and cannot and does not guarantee, attest to, verify or otherwise warrant that any Third Party Content is or will be accurate, free from errors, defects or harmful elements, consistent with what it purports to be, appropriate to fit your needs or otherwise safe or non-objectionable. We provide these links as a convenience, and do not endorse the content or services offered by these other sites .
9.0 No Creation of Third-Party Rights.
Except as otherwise expressly set forth herein, nothing in these Terms and Conditions shall be construed to create any rights or obligations in, or otherwise on behalf of any third parties.
10.0 Complaints Over Perceived Infringement.
Bakara Investments respects intellectual property rights. If you believe that materials posted on our Website infringe your rights under copyright law in specific materials (collectively, a "Work"), we request that you follow the procedure described below to notify us of your concerns or objections.
10.1 Bakara Investments?s Designated Agent: If you believe materials posted on our Website infringe the copyright in your Work, you must direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. ?512) to respond to such concerns (our "Designated Agent"):
Attention: Copyright Agent
Fax: +961 1 895595
10.2 Content of Notice : Your notice to our Designated Agent should contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property;
- Identification of the copyrighted work that you believe has been infringed;
- Identification of the material on our Website which you believe is infringing, with sufficient specificity to permit us to locate the material without undue searching;
- Information reasonably sufficient to permit us to contact you, including an address, telephone number and, if available, an e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the information on the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11.0 No Advice or Solicitation.
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND SERVICES ARE NOT INTENDED TO SUPPLY FINANCIAL, TAX, LEGAL OR OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT WITH YOUR ADVISORS AND LEGAL COUNSEL REGARDING ANY SPECIFIC SITUATION. Bakara Investments, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY SUPPLIERS OFFER NO ADVICE REGARDING THE PURCHASE, SALE, HOLDING, OR SUITABILITY OF ANY PARTICULAR SECURITY, TRANSACTION, INVESTMENT OR INVESTMENT STRATEGY. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE WEBSITE AND SERVICES, AND ANY DECISIONS MADE IN RELIANCE UPON THE WEBSITE AND/OR SERVICES, ARE MADE AT YOUR OWN RISK.
12.0 Product Demonstrations.
All product demonstrations (?demos?) that may be available via the Website from time to time may only be used during the time periods for which they are offered. All demos must be used in accordance with any accompanying instructions and may not be used for any reason other than their intended purpose.
13.0 Access and Security.
If you elect to register for any of the Services or other offerings that may be available via the Website from time to time, you agree (a) to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information constituting the ?Registration Data?), and (b) to maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate or incomplete, or Bakara Investments has reason to suspect that you have done so, Bakara Investments may suspend or terminate your account and refuse any and all current or future use of the Website or any portion thereof. You accept responsibility for the confidentiality and use of any access codes, account numbers and customer code numbers that you may receive for your access to and use of the Services. You accept responsibility for all time used and all activity that occurs through or under your access codes, customer numbers and/or account numbers. You agree to notify Bakara Investments immediately if you become aware of any loss, theft or unauthorized use of your access codes and/or account numbers.
14.0 Disclaimer of Warranties and Limitation of Liability.
You agree that neither Bakara Investments, its affiliates, officers, directors, employees, agents or representatives, nor any of the Data Providers nor any officer, director, employee, agent, affiliate or representative thereof shall have any liability, contingent or otherwise, for any lack of truthfulness, accuracy or timeliness of the Website or Services; for any lack of truthfulness, accuracy, timeliness, completeness or correct sequencing of the information made available through the Website or Services; for any decision made or action taken by you or anyone else in reliance upon such information or the Website or Services; or for any harm or injury resulting from any interruption or delay of any data, information or any other aspect of the Website or Services; or for any harm or injury resulting from any unsafe, illegal, defective or otherwise inappropriate or objectionable aspect of any information made available through the Website or Services.
THE WEBSITE AND SERVICES ARE PROVIDED ?AS IS.? TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, THE SERVICES OR ANY ASPECT OF THE INFORMATION MADE AVAILABLE VIA THE WEBSITE OR SERVICES. YOU RECOGNIZE THAT THE ACCURACY OF ANY SUCH INFORMATION SHOULD BE CHECKED BEFORE YOU RELY ON IT.
IN NO EVENT WILL Bakara Investments OR ITS AFFILIATES OR THE DATA PROVIDERS BE LIABLE TO YOU, YOUR CUSTOMERS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE OR DELAY), OR CLAIMS ARISING IN TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EVEN IF Bakara Investments, ITS AFFILIATES OR THE DATA PROVIDERS HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL Bakara Investments?S 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 ACCESS TO THE WEBSITE OR THE SERVICES.
YOU ACKNOWLEDGE THAT DOCUMENTS POSTED TO AND CONTENT AVAILABLE AT THE WEBSITE MAY CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. SHOULD YOU DOWNLOAD ANY SUCH MATERIALS FROM THE WEBSITE, IT IS YOUR RESPONSIBILITY TO PERFORM ANY ANTI-VIRUS SCANNING OR OTHER PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE WEBSITE AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN CONNECTION WITH THE WEBSITE.
For example, and not by way of limitation, neither BAKARA INVESTMENTS, its affiliates or the Data Providers shall be liable for any los resulting from a cause over which such entities do not have direct control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, your errors, or events of force majeure.
You agree to indemnify and hold harmless Bakara Investments, its affiliates, the Data Providers and their respective officers, directors, employees, agents and representatives, from and against any and all claims, including, but not limited to, any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and reasonable attorney?s fees, of every kind and nature, arising from or relating to your use of the Website or the Service or the information made available through the Website or the Services and/or your violation of these Website Terms and Conditions or any third party?s rights, including, but not limited to, copyright, proprietary rights, and rights under defamation law.
16.0 Modification and Termination of Website; Modification of Website Terms and Conditions .
Notwithstanding any provision in these Website Terms and Conditions, Bakara Investments reserves the right, in its sole discretion, at any time and from time to time, and without notice, to change, amend, or modify and/or to terminate, restrict access, or cease publishing (i) the Website, (ii) any particular information made available via the Website, or (iii) these Website Terms and Conditions. Your use of our Website following any such change constitutes your agreement to follow and be bound by the Website Terms and Conditions, as changed.
18.0 Force Majeure .
In addition to applicable disclaimers, stated above, Bakara Investments?s performance under these Website Terms and Conditions shall be excused in the event of interruption and/or delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, acts of terrorism, power failures, equipment failure, industrial or labor dispute, acts of third party information providers, third party software errors or failures or communication method interruptions or failures.
19.0 Entire Agreement.
20.0 Severability; No Waiver.
Should any provision of these Website Terms and Conditions be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, such provision shall be valid and enforceable to the extent permitted by applicable law, and the validity and enforceability of the remaining provisions shall not be affected thereby. Failure of any party to enforce any provision of these Website Terms and Conditions on any occasion shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision on a subsequent occasion .
21.0 Choice of Law; Choice of Forum.
These Website Terms and Conditions shall not be assignable by you, either in whole or in part. Bakara Investments reserves the right to assign its rights and obligations under these Website Terms and Conditions.
24.0 Your Consent.
By using our Website, you agree to comply with, and be bound by these Website Terms and Conditions. If you do not agree with some, or all of these Website Terms and Conditions, you are not authorized to visit the Website.
2.0 Scope of Policy.
3.0 What Information We Collect and Use:
3.2. Other: Bakara Investments and/or the Data Providers may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your PC), your computer's name, the type and version of your web browser, referrer addresses and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used.
3.4. Referrers: A "referrer" is the information passed along by a web browser that references the web URL you linked from and is automatically collected by our web server. This information is collected and used by Bakara Investments to understand the websites referring traffic to our Website and to present appropriate content to our potential customers. Bakara Investments and tabulate referrer information on an aggregate basis to identify trends and traffic patterns.
4.0 What We Do with Information We Collect and Use.
In general, except as provided in this policy, we will not disclose your personally identifiable information to unaffiliated third parties without your express consent or allowing you to decline to permit the disclosure. There are, however, some limited circumstances in which we may need to disclose personally identifiable information about a user without express consent, including, but not limited to, the circumstances set forth below:
4.1. Third Party Vendors: We may reveal your personally identifiable information to third parties with whom we contract to (i) assist us in distributing information regarding Bakara Investments, including maintaining an email alerts list and fulfilling requests for additional information submitted via the Website or otherwise, or (ii) operate a Webcast offered through the Website. We would seek, via contract, to restrict use of this information for any purpose other than distribution of Bakara Investments information and updates or operation of Webcasts.
4.2. Protection of Rights: We may reveal your personally identifiable information to attorneys, private investigator organizations or law enforcement agencies if we believe that you are harming or interfering (or will imminently harm or interfere) with other Bakara Investments users or anyone else or violating (either intentionally or unintentionally) our Website Terms and Conditions of Use or infringing any of Bakara Investments legal rights, or harming the legal rights, property or health or safety of any other person.
4.3. Required by Law: Bakara Investments will reveal your personally identifiable information, to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of any of your personally identifiable information we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.
4.4. Asset Transfers: Bakara Investments shall be entitled to transfer to a third party information it maintains, including any personally identifiable information, in connection with a transaction or proceeding involving a transfer of some or all of the assets relating to the Website or a business in connection with which such information is maintained.
5.0 Changing or Removing Personal Information.
7.0 Security of Personally Identifiable Information.
Bakara Investments maintains controls to protect the information you provide us. Bakara Investments employees are required to abide by our corporate policies with respect to the confidentiality of personally identifiable information. Bakara Investments only gives access to databases containing personally identifiable information to employees on a need-to-know basis. We have put in place security systems designed to prevent unauthorized disclosure of information you provide to us. These systems are structured to deter and prevent hackers and others from accessing this information. Due to the nature of Internet communications and evolving technologies, however, we cannot provide, and disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
Persons under the age of 18 are not permitted to register for the Services and Bakara Investments does not knowingly collect, either online or offline, personally identifiable information from persons under the age of 18. If we learn that a child under the age of 18 has provided us with personally identifiable information, we will attempt to delete this information from our databases, subject to any technical limitations on our ability to do so.
9.0 Notification of Changes.
10.0 Relationship to Website Terms and Conditions.
11.0 Your Consent.
12.0 Contact Us.
By mail :
Attention: Investor Relations
By email: email@example.com