These terms and conditions apply to the contract ('contract') entered into between the photographer, the client and Sawerly.
Additional Terms and Conditions
- By entering into the contract, and by their use of the Sawerly platform, the client and photographer agree that they accept and will be bound by the terms and conditions of the contract, and that Sawerly may enforce this contract against either or both of them. The photographer and client further agree that they accept and will be bound by any amendment to these general terms and conditions of the contract, which may be amended by Sawerly from time to time. The client and photographer also agree that they accept and will be bound by Sawerly's general conditions of use of the Sawerly website, as those general conditions may be amended by Sawerly from time to time.
- The photographer and the client warrant and represent to each other and to Sawerly that they are lawfully entitled to enter into the contract, that they have full authority to do so, and that they hold all necessary permissions, licenses, consents, rights and authorizations which might be necessary for them to be able to enter into and to perform the contract. The photographer and client further represent and warrant to each other and to Sawerly that entering into this contract or performance of any obligations under it is not unlawful or otherwise in breach of any legal obligation upon them.
- The photographer and client warrant and represent to each other and to Sawerly that the information provided in the contract in relation to their names, descriptions and contact details, as shown in the contract is true and correct.
- In the event of any breach of any representation or warranty by the photographer or the client, any party to the contract who has suffered loss or damage as a result of any such breach may pursue a claim against the individual entering into this contract on behalf of either the photographer or the client.
- The client and photographer acknowledge and agree that Sawerly is a platform provider only, providing a mechanism whereby the client and the photographer can negotiate and conclude the contract and providing a means whereby the client may make payment to the photographer under the contract. Sawerly is not an agent for either party, Sawerly is not a client of the photographer and Sawerly is not responsible for any service provided by the photographer to the client, and has no liability to any other party under the contract for the performance of any obligation under the contract by any party other than performance of any obligation which it is specifically provided under the contract that Sawerly is required to perform.
- In the event of any person, whether a party to the contract or otherwise, taking any action or making any complaint against Sawerly as a result of Sawerly entering into or performing or not performing its obligations under the contract (including any party pursuing any claim or proceeding or any regulatory, criminal or any other form of complaint against Sawerly), the client and photographer agree to indemnify and hold Sawerly harmless against any and all costs, expenses, loss and damage arising from any such complaint or action (including any legal costs incurred by Sawerly), and the client and photographer shall be jointly and severally liable in respect of any such liability.
- Sawerly is entitled to charge its fee of 15% or such other figure as it may charge from time to time, and to deduct this amount from any sums received by the client and paid to the photographer (without prejudice to its rights to deduct any other amounts payable to Sawerly under the contract).
- Before commencement of any work by the photographer, the client shall pay to Sawerly the amount agreed between the photographer and the client as being the amount to be paid to the photographer for the services. Sawerly shall receive the payment and hold it in escrow pending completion of the services in accordance with this contract. Once the client has made the payment Sawerly shall have no obligation or liability to deal with any money so received otherwise than in accordance with its obligations under the contract.
- Upon confirmation by Sawerly to the photographer that the client has paid the agreed amount to Sawerly, the photographer shall perform the services described in the summary for the client within the time-frame provided for in the contract and shall confirm delivery of the services to Sawerly and the client. The photographer shall perform the services provided with a reasonable degree of care and skill.
- Upon the photographer and the client entering into the contract, they shall be bound to perform the services and to pay the agreed amount respectively, and it shall not be open to either party to terminate or cancel the contract except with the agreement of all other parties or pursuant to any legal right to do so.
- The photographer agrees with the client that any information which the photographer receives from the client which is not otherwise in the public domain is confidential information ("confidential information"). The photographer agrees to use the confidential information solely to perform its obligations under the contract. Furthermore, the intellectual property in any work produced or otherwise generated by the photographer for the client shall, upon payment of any amount due to the photographer under the contract, vest in the client. The client and the photographer agree that Sawerly shall have no liability in respect of any breach of this clause by the photographer.
- All communications between the client and the photographer are to be undertaken either through Sawerly or by copying Sawerly in to any such communications. The client and photographer are to notify each other and Sawerly by email when the client's payment has been made, the photographer's provision of the services has started, when any agreed milestones have been reached, when the provision of services has been completed, and any payment has been received by the photographer.
- Upon confirmation by both the client and the photographer to Sawerly that the photographer has performed and delivered the services described in the contract ('the confirmation'), the photographer shall be entitled to receive the payment from the client held by Sawerly, in accordance with Sawerly's usual payment terms and subject to any applicable deductions.
- In the event of the non-performance by the photographer of the services described in the summary, the client shall be entitled to a full refund from Sawerly of the payment received from the client, subject to any applicable deductions which Sawerly is entitled to charge. Without limiting the foregoing, if the client has used a credit card to make the payment, Sawerly will refund the payment by crediting payment to that credit card account.
- Sawerly shall pay the photographer any amounts due to the photographer under the contract, less deduction of Sawerly's fee and any other fees or costs which Sawerly is entitled to deduct under the contract, within thirty calendar days of receiving the confirmation.
- The photographer shall, if requested by the client, issue any invoice or other request for payment upon the commencement of the work and the client shall be under no obligation to make payment until such time as an invoice or other request for payment has been issued. Furthermore, the photographer shall, if requested by the client, upon receiving the confirmation, issue a receipt for any amount received by Sawerly. Sawerly shall be under no obligation to pay any amount to the photographer until it is satisfied that such a receipt has been issued.
- Sawerly may make any payment under this contract to any party in any way that it considers appropriate in its absolute discretion. Sawerly will try to make payment in the manner requested by any recipient, but Sawerly has no obligation to do so. Any costs incurred by Sawerly in making any payment due under the contract may be deducted from any amount which would otherwise be due to be paid.
- 18. In the event of any dispute arising under or in relation to the contract, including any dispute arising from any claim that the photographer failed to provide the services with a reasonable degree of care and skill and any claim that the client or the photographer have failed to provide any confirmations required under the contract, Sawerly may:
- Make payment of any amount due under the contract (or any part thereof) to the photographer (less Sawerly's fee and any of Sawerly's costs and expenses), without prejudice to any right that the client has to take action against the photographer;
- Return any payment received by Sawerly (or any part thereof) from the client to the client (less Sawerly's fee and any of Sawerly's costs and expenses), without prejudice to any right that the photographer has to take action against the client; or
- Retain any payment received (or any part thereof) and apply for a direction or order from any court having jurisdiction, including the Courts of the Ministry of Justice in the Kingdom of Saudi Arabia, as to how Sawerly should deal with any payment so received.
- The client and the photographer agree that, in the event of Sawerly exercising its right to make any payment or to seek any court order or direction, Sawerly shall have no liability to either the client or the photographer in respect of any decision it makes or step it takes.
- In the event of Sawerly making any application to any court in respect of how Sawerly should deal with any payment received, without further authority than this provision in the contract, Sawerly shall be entitled to deduct all of the costs incurred in doing so from any funds received, including any legal costs.
- Any notice given under the contract shall be in writing and, along with any court proceedings, including any claim form, in relation to the contract, may be served by delivering it personally or by sending it to any address shown in the particulars hereof, including service of any court proceedings and any claim form, by email or by courier to the address as set out in the particulars hereof (and as such address may be amended by notice in writing to the other parties from time to time). The client and the photographer also agree that they will accept service of any notice under this contract or any court proceedings, including any claim form, in relation to the contract by email, such service to have been effected by way of sending any such notice or proceedings, including any claim form, to the email address shown in the [contract]. Any such notice shall be deemed to have been received or proceedings deemed to have been served:
- If delivered personally, at the time of delivery;
- In the case of courier, at the time of delivery as evidenced by the records of the courier;
- In the case of email, at the time of delivery as evidenced by any delivery report.
- If any term of this contract is found to be void or unenforceable, such term shall be deemed to be deleted from this contract and the remaining provisions of this contract shall continue in full force and effect.
- The terms and conditions of the contract shall not be varied unless Sawerly has specifically acknowledged and accepted any such variation. In the event that any specific term negotiated between the photographer and the client is not consistent with or would otherwise have the effect of varying these general terms and conditions, any such specific term shall not bind Sawerly.
- Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of the Ministry of Justice in the Kingdom of Saudi Arabia. This contract shall be governed by and construed in accordance with the law of the Kingdom of Saudi Arabia.
These Terms and Conditions of Use govern our relationship with all Sawerly Users and others who interact with Sawerly.
Access to the Sawerly Website and the use of information on the Sawerly website is subject these Terms and Conditions of Use.
By proceeding further, using or accessing, Sawerly you will be deemed to have accepted them. By accessing, viewing, downloading or otherwise using Sawerly or any webpage or feature available through Sawerly, any information provided as part of the Sawerly services, or any related emails, newsletters or services (hereinafter collectively Sawerly or the "Services"), or by clicking "Signup with Sawerly" during the registration process, you conclude a legally binding agreement with Sawerly LLC, Jeddah, Saudi Arabia, based on the Terms and Conditions of Use of this Sawerly User Agreement ("Agreement") and become a Sawerly User ("User").
By Sawerly we mean the platform, platform features, services and search facilities we make available, including through (a) the Sawerly website at www.sawerly.com and any other Sawerly branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) our mobile application (d) other media, software, devices, or networks now existing or later developed.
By "Us," "We" and "Our" we mean Sawerly LLC. A company incorporated in Jeddah, Saudi Arabia , our employees, directors and shareholders. By "Platform" we mean the Sawerly Platform and a set of APIs and services that enable applications, developers, operators or services, including RSS feeds, to retrieve data from Sawerly or provide data to us.
By "Information" we mean facts and other information about you, including actions you take.
By "Content" we mean anything you post on Sawerly that would not be included in the definition of "information."
By "Data" we mean content and information that third parties can retrieve from Sawerly or provide to Sawerly.
By "Post" we mean post on Sawerly or otherwise make available to us (such as by using an application).
By "Use" we mean use, access, view, download, upload, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "Users" we mean a User(s) who is/are not registered with the Sawerly Platform and we mean a User(s) who is/are registered with the Sawerly Platform.
By "Application" we mean any application or website that uses or accesses the Sawerly Platform, as well as anything else that receives data.
By "Services" we mean searching for User Profiles on the Sawerly Platform and advertising updates and services along with Sawerly products, Sawerly software, Sawerly services and the Sawerly website.
- ACCESSIBILITY AND AVAILABILITY OF ALL USER CONTENT AND INFORMATION
We collect information in relation to Users. The information that we collect facilitates the purpose of the Sawerly Platform. Users are not required to register with the Sawerly Platform to access information on the Sawerly Platform and as such Sawerly may not have any control over how Users use the information. In order to create a User Profile on the Sawerly Platform Users are required to register with the Sawerly Platform.
When you add an application and use the Sawerly Platform, your content and information is shared with the application. We require applications to respect your privacy settings, but your agreement with that application will control how the application can use the content and information you share.
When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- REGISTRATION AND ACCOUNT SECURITY
Sawerly Users provide their real names and information in order to facilitate the purpose of the Sawerly Platform. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on the Sawerly Platform, or create an account for anyone other than yourself without permission;
You will not use the Sawerly Platform if you are under the age of 14; You will not use the Sawerly Platform if you are a convicted sex offender; You will keep your User Profile details accurate and up-to-date; You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account; You will not transfer your account to anyone without first getting our written permission; If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a User's actual name); You are not a direct competitor of Sawerly;
No User may copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by Sawerly or its Users for the purpose of selling, engaging in, marketing or promoting any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames, email addresses or other personally identifiable information of registered Users by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website or any other use not expressly permitted in this Agreement, will be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company or business access to your Sawerly User Profile or other content uploaded on the Website for the purpose of extracting such information or other content;
Each individual User Profile includes personal information about the User.
- YOUR RELATIONSHIP WITH Sawerly
Your use of Sawerly products, Sawerly software, Sawerly services and the Sawerly website (referred to collectively as the "Services" in this document and excluding any services provided to you by Sawerly under a separate written agreement) is subject to the terms of a legal agreement between you and Sawerly. Sawerly means Sawerly LLC, registered offices at Jeddah, Saudi Arabia.
Accepting the Terms and Conditions of Use. In order to use the Sawerly Platform and use the Sawerly Services, you must firstly agree to these Terms and Conditions of Use. You may not use the Services if you do not accept these Terms and Conditions of Use.
You can accept the Terms and Conditions of Use by:
clicking to accept or agree to the Terms and Conditions of Use, where this option is made available to you by Sawerly in the User interface for any Service; or by actually using the Services. In this case, you understand and agree that Sawerly will treat your use of the Services as acceptance of the Terms and Conditions of Use from that point onwards;
You may not use the Services and may not accept the Terms and Conditions of Use if (a) you are not of legal age to form a binding contract with Sawerly, or (b) you are a person barred from receiving the Services under the laws of The Kingdom of Saudi Arabia or other countries including the country in which you are resident or from which you use the Services, or (c) if you are not 12 years or older;
Before you continue, you should print off or save a local copy of the Terms and Conditions of Use for your records; Sawerly is constantly innovating in order to provide the best possible experience for its Users. You acknowledge and agree that the form and nature of the Services which Sawerly provides may change from time to time without prior notice to you; As part of this continuing innovation, you acknowledge and agree that Sawerly may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at Sawerly's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Sawerly when you stop using the Services;
You acknowledge and agree that if Sawerly disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account;
You acknowledge and agree that while Sawerly may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any service, such fixed upper limits may be set by Sawerly at any time, at Sawerly's discretion.
- USE OF THE SERVICES BY YOU
All Users have access to all Sawerly User Profiles. Users are not required to register with Sawerly to access the information that is posted to the Sawerly website. In certain instances Users have the option to register with Sawerly. All Users agree that any registration information you give to Sawerly will always be accurate, correct and up to date.
You agree to use the Sawerly Platform only for purposes that are permitted by (a) the Terms and Conditions of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from The Kingdom of Saudi Arabia or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Sawerly. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree that you will not reproduce, duplicate, copy, sell, trade or resell any of the information on the Sawerly Platform for any purpose. You agree that you are solely responsible for (and that Sawerly has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions of Use and for the consequences (including any loss or damage which Sawerly may suffer) of any such breach. You agree that you will not send or otherwise post unauthorized commercial communications (such as spam) on the Sawerly Platform. You will not collect Users' content or information, or otherwise access the Sawerly Platform, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Sawerly Platform. You will not upload viruses or other malicious code. You will not solicit login information or access an account belonging to someone else. You will not bully, intimidate, or harass any User. You will not post content that is hateful, libellous, slanderous, defaming, threatening, pornographic, or that contains nudity or graphic or gratuitous violence. You will not develop or operate a third party application containing or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Sawerly without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws. You will not use the Sawerly Platform to do anything unlawful, misleading, malicious, or discriminatory. You will not do anything that could disable, overburden, or impair the proper working of the Sawerly Platform, such as a denial of service attack. You will not facilitate or encourage any violations of this Statement
- YOUR PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your User account registration to use to access your User Profile.
Accordingly, you agree that you will be solely responsible to Sawerly for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Sawerly immediately. Login details - Sawerly will store the User's access details so that when a registered User logs in and accesses the Sawerly Platform Sawerly may offer the User the option to sync their contacts. Sawerly will ask the User to consent to having their contacts synced.
Sawerly reserves the right to remove, edit, move or close any account for any reason and to suspend or ban any User account for any reason. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to above as the "Content".
You should be aware that Content presented to you as part of the Sawerly search facility, including but not limited to User Profiles, advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Sawerly (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Sawerly or by the owners of that Content, in a separate agreement. Sawerly reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Sawerly may provide tools to filter out explicit sexual content. There are commercially available services and software to limit access to material that you may find objectionable.
You understand that by using the Sawerly Platform you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Sawerly Platform at your own risk.
You agree that you are solely responsible for (and that Sawerly has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Sawerly Platform and for the consequences of your actions (including any loss or damage which Sawerly may suffer) by doing so.
- OTHER PEOPLE'S RIGHTS
- PROPRIETARY RIGHTS
You acknowledge and agree that Sawerly owns all legal right, title and interest in and to the Sawerly Platform, including any intellectual property rights which subsist in the Sawerly Platform (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
You agree that nothing in the Terms and Conditions of Use gives you a right to use any of Sawerly's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Sawerly acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms and Conditions of Use in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that Sawerly has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Sawerly Platform.
You agree that in using the Sawerly Platform, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
- PROHIBITED CONTENT
This Section enumerates a non-exhaustive list of content you may in any event not make available via Sawerly (it being at the sole discretion of Sawerly to decide whether certain content is or is not permitted): Content which incites to violence against and/or harassment of another person or other persons; Content which leads to or is the result of exploitation or abuse of others; Content which according to Sawerly is contrary to public morality or good taste, is violent or includes a link to pornographic material or pornographic websites, or includes pornographic or erotic material; Content which asks for personal data of minors and/or makes available personal data of other persons; Content which encourages or commits the performance of illegal activities; Content which infringes intellectual property rights, privacy rights or any other rights of Sawerly or third parties; Content which involves chain letters, junk mail or spamming and/or which asks for passwords or other information leading back to persons for commercial or illegal purposes; Content which, without the prior written consent of Sawerly, involves commercial activity such as advertising, lotteries, contests or pyramid games; Content which includes a photograph or likeness of another person without that person's consent; Content which infringes any law, regulation, bye-law, other applicable regulations or these Terms and Conditions of Use.
If you make a payment on the Sawerly site or the Sawerly Platform you agree to our Payments Terms.
- LICENSE FROM Sawerly
Sawerly gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Sawerly as part of the Services as provided to you by Sawerly. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Sawerly, in the manner permitted by the Terms and Conditions of Use. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof. You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
- CONTENT LICENSE FROM YOU
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Sawerly Platform. By submitting, posting or displaying the Content you give Sawerly a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Sawerly Platform and its social media channels. This license is for the sole purpose of enabling Sawerly to display, distribute and promote the Sawerly Platform. You agree that this license includes a right for Sawerly to make such Content available to all. You understand that Sawerly, in performing the required technical steps to provide the Sawerly Platform services to our Users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Sawerly to take these actions. You confirm and warrant to Sawerly that you have all the rights, power and authority necessary to grant the above license.
- SOFTWARE UPDATES
The Software which you use may automatically download and install updates from time to time from Sawerly. These updates are designed to improve, enhance and further develop the Sawerly Platform and the Sawerly Platform Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Sawerly to deliver these to you) as part of your use of the Sawerly Platform and the Sawerly Platform Services.
- ENDING YOUR RELATIONSHIP WITH Sawerly
The Terms and Conditions of Use will continue to apply until terminated by either you or Sawerly as set out below. If you want to terminate your legal agreement with Sawerly, you may do so by (a) notifying Sawerly at any time; and (b) deleting your User Profile from the Sawerly Platform. Sawerly may at any time, terminate its legal agreement with you if: You have breached any provision of the Terms and Conditions of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms and Conditions of Use); or Sawerly is required to do so by law (for example, where the provision of User Profile services is, or becomes, unlawful); or Sawerly is transitioning to no longer providing the Sawerly Platform and Sawerly Platform Services to Users in the country in which you are resident or from which you use the service; or The provision of the Sawerly Platform or Sawerly Platform Services to you by Sawerly is, in Sawerly's opinion, no longer commercially viable; When these Terms and Conditions of Use come to an end, all of the legal rights, obligations and liabilities that you and Sawerly have benefited from, been subject to (or which have accrued over time whilst the Terms and Conditions of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 1.14.6 shall also continue to apply to such rights, obligations and liabilities indefinitely. If you deactivate your account Users will not be able to see it but it will not be deleted. Your User Profile information will be saved in the event that you wish to reinstate your User Profile information. When you delete your account however, it is permanently deleted. You will not be able to reinstate your User Profile, you will have to create a new User Profile. Even after you deactivate or delete your User Profile you should be aware that copies of the information may remain accessible elsewhere, specifically in relation to the extent that it has been previously shared with others, or it was copied or stored by other Users. Removed and deleted information may persist in backup copies for a reasonable period of time (but will not be available to others).
- EXCLUSION OF WARRANTIES
Access to the Sawerly Platform is provided "as is" and Sawerly gives you no warranty with respect to them. In particular, Sawerly does not represent or warrant to you that: your use of the Sawerly Platform will meet your requirements; your use of the Sawerly Platform will be uninterrupted, timely, secure or free from error; any information obtained by you as a result of your use of the Sawerly Platform will be accurate or reliable; and that defects in the operation or functionality of any Software provided to you as part of the Sawerly Platform will be corrected. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Sawerly Platform except to the extent that they are expressly set out in the Terms and Conditions of Use. Nothing in the Terms and Conditions of Use shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
- LIMITATION OF LIABILITY
Nothing in these Terms and Conditions of Use shall exclude or limit Sawerly's liability for losses which may not be lawfully excluded or limited by applicable law. Subject to overall provision in paragraph 1.16.1 above, Sawerly shall not be liable to you for: any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; any loss or damage which may be incurred by you as a result of: any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Sawerly Platform; any changes which Sawerly may make to the Sawerly Platform or Sawerly Services, or for any permanent or temporary cessation in the provision of the Sawerly Platform or Sawerly Services, (or any features within the Sawerly Platform or Sawerly Services); the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Sawerly Platform or Sawerly Services; your failure to provide Sawerly with accurate account information; your failure to keep your password or account details secure and confidential. The limitations on Sawerly's liability to you in paragraph 1.16.2 above shall apply whether or not Sawerly has been advised of or should have been aware of the possibility of any such losses arising.
Some of the Sawerly Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Sawerly Platform, queries made through the Sawerly Platform or other information. The manner, mode and extent of advertising by Sawerly on the Sawerly Platform and in relation to the Sawerly Services are subject to change without specific notice to you. In consideration for Sawerly granting you access to and use of the Sawerly Platform, you agree that Sawerly may place such advertising on the Sawerly Platform.
- ADVERTISEMENTS ON Sawerly
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following: That Sawerly may use your personal information to assist us in serving sponsored content on your User Profile or elsewhere. You give us permission to use your name and User Profile photo in connection with that content; We do not give your content or information to advertisers without your consent; You understand that we may not always identify paid services and communications as such.
- OTHER CONTENT
The Sawerly Platform may include hyperlinks to other websites or content or resources. Sawerly may have no control over any websites or resources which are provided by companies or persons other than Sawerly. You acknowledge and agree that Sawerly is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that Sawerly is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
- CHANGES TO THE TERMS AND CONDITIONS OF USE
Sawerly may make changes to the Terms and Conditions of Use from time to time. When these changes are made, Sawerly will make a new copy of the Terms and Conditions of Use available to you from within, or through, the Sawerly Platform and Sawerly Services. You understand and agree that if you use the Sawerly Platform or Sawerly Services after the date on which the Terms and Conditions of Use or Additional Terms and Conditions of Use have changed, Sawerly will treat your use as acceptance of the updated Terms and Conditions or Use or Additional Terms and Conditions of Use.
- GENERAL LEGAL TERMS
Sometimes when you use the Sawerly Platform, you may (as a result of, or through your use of the Sawerly Platform) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms and Conditions of Use do not affect your legal relationship with these other companies or individuals. The Terms and Conditions of Use govern your use of the Sawerly Platform and Sawerly Services and completely replace any prior Terms and Conditions of Use between you and Sawerly in relation to the Sawerly Platform and Sawerly Services. You agree that Sawerly may provide you with notices, including those regarding changes to the Terms and Conditions of Use, by email, regular mail, or postings on the Sawerly Platform. You agree that if Sawerly does not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions of Use (or which Sawerly has the benefit of under any applicable law), this will not be taken to be a formal waiver of Sawerly's rights and that those rights or remedies will still be available to Sawerly. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions of Use is invalid, then that provision will be removed from the Terms and Conditions of Use without affecting the rest of the Terms and Conditions of Use. The remaining provisions of the Terms and Conditions of Use will continue to be valid and enforceable. The Terms and Conditions of Use, and your relationship with Sawerly under the Terms and Conditions of Use, shall be governed by The Kingdom of Saudi Arabia law. You and Sawerly agree to submit to the exclusive jurisdiction of the courts of The Kingdom of Saudi Arabia to resolve any legal matter arising from the Terms and Conditions of Use. Notwithstanding this, you agree that Sawerly shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.