Terms and Conditions
Terms and Conditions
Welcome to raooz.com. RAOOZ LLC in Seattle, Washington and/or its affiliates (“raooz.com”) provide website features and other products and services to you when you visit or shop at “raooz” raooz.com, use raooz.com products or services, use raooz.com applications for mobile, or use software provided by raooz.com in connection with any of the foregoing (collectively, “raooz.com Services”). The following terms and conditions govern the use of the services offered by raooz.com.
Section 1 - Basic interpretative provisions.
Section 2 - Consent And Capacity.
Section 4 – Licenses.
Section 5 - Electronic Communications.
Section 6 - Intellectual Property Right.
Section 7 - Disclaimer of Warranties and Limitation of Liability.
Section 8 - General Conditions & Rules.
The preamble shall be considered as a complementary part of this Agreement to be read and construed it.
Section 1 - Basic interpretative provisions
In this Agreement, unless the context otherwise requires:
“Materials” means all the products and/or services to be supplied by Seller under the Order.
“Product” is the item offered for sale. A product can be a service or an item. It can be physical or in virtual or cyber form.
“Seller” a person or entity who sells a thing or property in exchange for a payment of a sum of money.
Buyer” means the entity or person submitting the purchase order to Seller. “
Order” means the purchase order issued by Buyer for the supply of Materials. “
Section 2 - Consent And Capacity
The Users declare that they are legally entitled to conclude and consent to this Agreement and the have the full unrestricted legal capacity according to the following provisions:
By using Raooz.com Services:
(1) You agree to these conditions.
(2) You are legally bound to abide by the terms and conditions hereunder.
(3) The parties acknowledge that this Agreement comprises the entire, agreement between the parties, and the parties hereto agree that they rely on no representations, oral or written, in executing this Agreement other than the provisions forth in this Agreement.
Please read them carefully.
Use of the Site
(1) You are either at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.
(2) Eligibility for Membership:
a) Membership of the Site is not available to persons under the age of 18 years.
b) If you are under 18, you may use the Raooz.com Services only with involvement of a parent or guardian.
c) Without prejudice to any other rights and remedies of Raooz.com under this User Agreement or at law, Raooz.com reserves the right to limit or withdraw access to the Site or the membership of any person if Raooz.com believes that person is under the age of 18 years.
(3) If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading.
(4) No person or business entity may register as a member of the Site more than once.
(5) You may need your own Raooz.com account to use certain Raooz.com Services, and you may be required to be logged in to the account and have a valid payment method associated with it.
(6) You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
(7) The User shall undertake to be accurate when entering the required information in the Site and shall be responsible to review such information periodically for the purpose of rectifying, amending or updating the same whenever any new information is available to him, provided that he shall preserve all the data and documents pertaining to the same.
(8) User attest that all the qualifications experience, skills and credentials that have been presented to Raooz.com are true and correct. Should any of the aforementioned prove to untrue or in correct, Raooz.com reserves the right to terminate this contract without prior notice.
(9) The User undertakes to observe all orders and instructions issued to the User by Raooz.com.
(10) You agree to immediately notify Raooz.com of any unauthorized use of your password or account or any other breach of security.
(11) In no event will Raooz.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password.
(12) You may not use another person's account at any time, without the express permission of the account holder.
(13) You agree to reimburse Raooz.com for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
(14) You will provide true, accurate, current and complete information about yourself as prompted by Raooz.com's registration form.
(15) You will treat any other member's information provided to you by Raooz.com or any other user as confidential.
(16) You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
(17) If you provide any information that is untrue, inaccurate, not current or incomplete or if Raooz.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Raooz.com under this User Agreement or at law, Raooz.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
(18) We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
(19) The User Acknowledges that in agreeing to enter into this Agreement the User has not relied on any representation, warranty or other assurance made by or on behalf of Raooz.com except those specifically set out in this Agreement.
(20) The User shall notify Raooz.com upon detecting any illegal usage of the Site
(21) Time will be of the essence of this Agreement, and will remain of the essence notwithstanding the extension of any of the dates herein.
(1) You agree that we may use and disclose personal information about you for providing services to you and for the improvement of service, including by means of research, marketing (direct or otherwise), product development and planning.
(3) You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.
(4) You will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the bidding, buying or listing processes, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use of Raooz.com.
(5) You will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information.
(6) You will not disclose or publicize any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.
(7) Raooz.com takes reasonable measures (physical, organizational and technological) to safeguard against unauthorized access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed.
(8) Raooz.com has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else).
(10) The User and his team work shall undertake to preserve the secrecy of the information pertaining to the Site and refrain from disclosing any information pertaining to the operation of the Site to third parties whether with or without consideration.
Section 4 - Licenses
(1) Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Raooz.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Raooz.com Services.
(2) This license does not include:
a) any resale or commercial use of this site or its contents;
b) any collection and use of any product listings, descriptions, or prices;
c) any derivative use of any Raooz.com Service or its contents;
d) any downloading, copying, or other use of account information for the benefit of any third party;
e) any use of data mining, robots, or similar data gathering and extraction tools.
(3) This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or non-commercial purpose without express written consent of Raooz.com.
(4) You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Raooz.com without express written consent of Raooz.com.
(5) You may not use any meta tags or any other "hidden text" utilizing Raooz.com's name or trademarks without the express written consent of Raooz.com.
(6) You may not misuse the Raooz.com Services.
(7) You may use the Raooz.com Services only as permitted by law.
(8) You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Raooz.com so longas the link does not portray Raooz.com, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
(9) You may not use any Raooz.com logo or other proprietary graphic or trademark as part of the link without express written permission.
(10) The licenses granted by Raooz.com terminate if you do not comply with these Conditions of Use or any Service Terms.
(11) All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Raooz.com or its licensors, suppliers, publishers, rights holders, or other content providers.
Section 5 - Electronic Communications
(1) When you use any Raooz.com Service, or send e-mails to us, you are communicating with us electronically.
(2) You consent to receive communications from us electronically. We will communicate with you by e-mail, by posting notices on the Websites or through the other Raooz.com Services.
(3) You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(4) Raooz.com requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site.
(5) If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
(6) Any notices required to be served pursuant to this Agreement shall be delivered by e-mail stated in this Agreement.
Section 6 - Intellectual Property Right
a) All content included in or made available through any Raooz.com Service, such as (text, logos, images, graphics, audio clips, button, icons, digital, downloads, software, data compilation) is the property of Raooz.com or its content suppliers and protected by United States and international copyright laws.
b) The compilation of all content included in or made available through any Raooz.com Service is the exclusive property of Raooz.com and protected by U.S. and international copyright laws and applicable conventions "e.g. Berne, TRIP's".
a) "Raooz.com" and its associated logos are trademarks and/or service marks of Nuclear Blast. All other trademarks, service marks, and logos used on or through the Raooz.com Service are the trademarks, service marks, or logos of their respective owners.
b) Other Raooz.com graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Raooz.com Service are trademarks or trade dress of Raooz.com or its subsidiaries in the U.S. and other countries.
c) Raooz.com's trademarks and trade dresses are not to be reproduced in any media without the written authorization of Raooz.com.
d) Raooz.com's trademarks and trade dress may not be used in connection with any product or service that is not Raooz.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Raooz.com.
e) All other trademarks not owned by Raooz.com that appear in any Raooz.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Raooz.com.
Section 7 - Disclaimer of Warranties and Limitation of Liability
(1) This site is provided on an "as is" and "as available" basis. Raooz.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials included on this site.
(2) You expressly agree that your use of this site is at your sole risk.
(3) To the full extent permissible by applicable law, Raooz.com disclaims all warranties, express or implied.
(4) Raooz.com does not warrant that this site, its servers, or e-mail sent from Raooz.com are free of viruses or other harmful components.
(5) Raooz.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
(6) Raooz.com makes no warranty regarding, and takes no responsibility for, the currency, accuracy or the quality of any information which the User receives or accesses from Raooz.com.
(7) Raooz.com makes no warranty that the information requested by the User from Raooz.com will be available at all times or that the service will be fault free.
(8) The User is completely responsible for any reliance on or use of the information they receive or access through Raooz.com.
(9) The User acknowledges that Raooz.com is an internet based service and, although Raooz.com will endeavor to maintain the security of information, it cannot guarantee that information the User receives or supplies in their use of Raooz.com will be secure at all times.
(10) Raooz.com cannot and does not confirm that each user of Raooz.com has the identity of who they claim to be.
(11) You agree that you will not use Raooz.com or any service provided through Raooz.com in a manner that is illegal, fraudulent or anti-social, as deemed by Raooz.com. You agree that you will not send e-mail or other messages that are abusive, discriminatory, defamatory, obscene, pornographic or generally in "bad taste".
(12) You agree to indemnify and hold Raooz.com, its officers, agents, content providers, other partners and employees, harmless from any claim or demand made by any third party due to or arising out of your use of Raooz.com, your breach of these terms and conditions or your violation of any rights of another user of Raooz.com.
(13) Raooz.com may at any time modify, discontinue or suspend Raooz.com services without notice to you. Raooz.com may also suspend your use of Raooz.com services if you breach these terms and conditions or if you misuse Raooz.com services in the reasonable opinion of Raooz.com.
(14) Raooz.com, its officers, agents, content providers, other partners and employees, will not be liable to you or any party for any direct, indirect, consequential, incidental, special loss or other cost arising out of or in connection with these terms and conditions or Raooz.com.
(15) The User shall defend, indemnify and hold Raooz.com.com, its employees, representatives and agents as well as Raooz Group of Companies, their employees, representatives and agents harmless against any claim/demand arising in respect of the Site or the acts or omissions of the User, its representatives, contractors or agents.
(16) You will inform Raooz.com of any postings, materials or transactions which appear to be in violation of this User Agreement.
(17) Without prejudice to any other rights and remedies of Raooz.com under this User Agreement or at law or otherwise, Raooz.com may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
(18) You shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site.
Section 8 - General Conditions & Rules
1. Mediums of Communications
(1) The User shall undertake to implement adequate security policies in accordance with Raooz.com instructions in order to ensure the security of Site usernames and passwords to protect the information entered in the Site.
(2) Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.
(3) You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of message or other content. Raooz.com reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
(4) By posting content or submitting material, and unless we indicate otherwise, you grant Raooz.com a nonexclusive, royalty-free, perpetual, irrevocable, and assignment of the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media now known or later developed.
(5) You grant Raooz.com the right to use the name that you submit in connection with such content, if they elect to do so.
(6) You represent and warrant that you own or otherwise control all of the rights to the content that you post or submit.
(7) You represent and warrant that the content is accurate.
(8) You represent and warrant that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Raooz.com or its affiliates for all claims resulting from content you supply.
2. While using the Site, you will not:
(1) Post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment.
(2) Post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments.
(3) Post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent.
(4) Post Information or materials which infringe any third party's intellectual property rights, other proprietary rights or right to privacy.
(5) Post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest.
(6) Post Information or content or list materials which may (in our sole discretion) threaten national security.
(7) Post any Information or content or list materials which may (in our sole discretion) be considered culturally or religiously offensive in any way.
(8) Post any Information or content or list materials which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions.
(9) Post Information or content or list materials which may (in our sole discretion) constitute or be considered to promote gambling.
(10) Post materials you do not have a right to link to or include.
(11) Post counterfeit or stolen materials.
(12) Use "keyword spamming" in listing materials for sale.
(13) Fail to deliver materials purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity.
(14) Fail to deliver payment for materials purchased by you, unless the seller has materially changed the material's description or related matters after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity.
(15) Attempt to conclude transactions relating to an auction or offer for sale on the Site outside of the Site.
(16) Claim an material was not sold when in Raooz.com's sole discretion the material was sold in accordance with this Terms and the Site's Terms & Conditions of Purchase and Sale.
(17) Use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other materials directly and/or from another website.
(18) Manipulate or attempt to manipulate the Site in any way including the prices of any material or services on the Site (either alone or in conjunction with other users).
(19) Circumvent or manipulate our fee structure, the billing process, or fees owed to Raooz.com.
(20) Take any action that may undermine the Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to Raooz.com).
(21) Transfer your Site account (including feedback) and username to another party without our consent.
(22) Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
(23) Distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's users.
(24) Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
(25) Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
(26) Interfere or attempt to interfere with the proper working of the Site.
(27) Attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features.
(28) Export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions.
(29) Copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way.
(30) Violate any laws, rules, regulations, guidelines, third party rights or our policies.
(31) Abuse Raooz.com's Shipping Policy, Listing Policy, or any of Raooz.com's other policies or terms and conditions posted on the Site from time to time.
3. Taxes and fees
The User shall herby undertake to pay any taxes, fees, breaches, compensations or expenses connected to or resulting from the use of Raooz.com subject to this Agreement and Raooz.com shall not bear none of them.
4. Transfer of Rights and Obligations
(1) Raooz.com shall, as the assigner, have the right to assign unto Third party any of its rights, or delegate any of its duties, under this Agreement, without any objection from the user. And the user shall, immediately upon being informed by such assignment, be bound to fulfill all its obligations hereunder towards the Assignee. But should the user default or breach any of its obligations hereunder, the Assignee shall be entitled to take all necessary legal proceedings against the user.
(2) The User may not assign its obligations and rights under this Agreement or delegate the Management of the Site account to a third party except after obtaining the written approval of Raooz.com.
(1) The User shall abide by all changes and amendments made by Raooz.com to the policies and procedures and accept them.
(2) Raooz.com may at any time make any amendments or improvements to the Site deem necessary by it to increase its efficiency and the User shall undertake to abide by any instructions or directions issued to it by Raooz.com pertaining to the same.
(3) Raooz.com reserves the right to amend the fees according to the economic situation.
(4) No provisions of this Agreement shall be altered, amended or substituted without the written approval of Raooz.com.
(5) Raooz.com may amend or update these terms and conditions of use of Raooz.com from time to time without notice to you.
(6) You agree that you will comply with any additional terms and conditions that will be made available to you for the use of specific sites or services of Raooz.com.
(7) Such additional terms and conditions are incorporated by reference into these terms and conditions.
6. Revocation of Agreement
= The Agreement shall be rescindable without excuses or taking judicial process in any of the following cases:
(1) If it was evidenced that the User or one of his staff violated what was stated in any Article of this Agreement above, Raooz.com may terminate the Agreement along with preserving its right to claim an indemnity for the damages resulting from the same.
(2) If the User fails to pay the agreed fees.
(3) Assignment of account or subletting without the consent of Raooz.com.
(4) The Agreement shall be rescinded in the event of failure the User to fulfill any of the obligations herein set forth without taking serious actions to remove such breach without prejudice to the right of Raooz.com to claim compensation if any.
(5) The Agreement shall expire as well in case of bankruptcy or termination.
= Without prejudice to any other rights and remedies of Raooz.com under this User Agreement or at law or otherwise, Raooz.com may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
(1) If Raooz.com is unable to verify or authenticate any information you provide.
(2) If Raooz.com believes (in its sole discretion) that your actions may cause legal liability for you, other users or Raooz.com.
(3) If you breach this User Agreement Raooz.com reserves the right to recover any amounts due and owing by you to Raooz.com or any losses and damages caused by you to Raooz.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as Raooz.com in its sole discretion deems necessary.
(4) Our failure to act with respect to a breach by you or others does not constitute a waiver of Raooz.com's right to take any actions with respect to that, or subsequent or similar breaches.
(5) Raooz.com does not guarantee that it will take action against all breaches that there may be of this User Agreement.
= In case any provision in this Agreement shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
7. Applicable Law & Jurisdiction
(1) By using any Raooz.com Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these terms and conditions of use and any dispute of any sort that might arise between you and Raooz.com.
(2) Regardless of where you access this site, you agree that any action at law arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or state courts located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.
8. Special arbitration provision for Iraq users
(1) Any dispute arising out of or in connection with this Agreement and the matters contemplated therein shall be settled amicably between the Parties. In the event that a dispute cannot be settled amicably, the Parties hereby agree that such dispute shall be finally settled by arbitration which shall be conducted in Iraq in the Arabic language in accordance with the rules of Commercial Conciliation and Arbitration.
(2) The matter shall be referred to a panel of three (3) arbitrators to be agreed upon by the Parties. Either Party shall appoint one (1) arbitrator and the two (2) arbitrators thus appointed shall agree upon a third (3 rd) arbitrator; within thirty (30) days.
(3) The Award shall be made by made by all three (3) arbitrators, or a majority thereof, as the case may be, and shall be final and binding on the Parties and may be enforced in any court of competent jurisdiction.
(1) Any notices to Raooz.com from you shall be given by you by email.
(2) Any notices to you from Raooz.com shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 24 hours after any such email is sent.
All references to time herein shall be construed according to the Gregorian Calendar.
(1) The Arabic text of this Agreement shall be considered the authentic text for the purposes of the interpretation and performance thereof.
(2) It is agreed upon between both Parties hereto that in the event any dispute might arise out of this Agreement, and/or interpretation, and performance hereof, the Arabic language shall prevail and the Arabic text herein shall be the official version.