Terms Of Use

The Sadkhin Complex and Sadkhin Franchising Company, LLC Website Terms of Use

            This website, (hereinafter referred to interchangeably as: "SC & SFCL Website", or “Website”) is owned and provided by Sadkhin Franchising Company, LLC ( hereinafter, "SC & SFCL") having is registered address at 2306 Avenue U, Suite A, Brooklyn, NY 11229.

            These Terms of Use apply to all users of the SC & SFCL Website, including users who are also contributors of video content, transcriptions, translations, information, and other materials or services on the Website. The SC & SFCL Website includes all aspects of SC & SFCL, including but not limited to all applicable products, software and services offered herein.

            By accessing, browsing or otherwise using this Website you agree to the terms and conditions set forth in these Terms of Use. You should read these terms and conditions carefully and should check them for any changes on return visits to the Website. Your continued use of the Website following any changes to the terms and conditions indicates that you accept any changes. If you do not agree to these terms and conditions, you must discontinue using this Website and terminate your registration with us.

[DDR Note: I don't know what Layout you will use but the following notes should be in a break-out / framed text box if at all possible and visible at the beginning of the Terms of Use page.]

Important Note for International Users.

The Website is controlled and offered by SC & SFCL from facilities in the United States of America. We make no representation that this Website and/or any content, services and/or features, available on, or through, our Website, is appropriate, or available, for use in locations or jurisdictions outside of the United States. If you choose to access or use our Website from locations outside of the United States, you do so on your own initiative and at your own risk, and you shall bear sole and exclusive responsibility for compliance with your applicable local laws and regulations.

If you are using this Website from outside the United States, you should also be aware that any information collected from you in connection with your use of this Website may be stored and processed in the United States, or in any other country in which SC & SFCL, or its affiliates, subsidiaries or agents maintain facilities, including hosting services or servers. Accordingly, by using this Website, and by providing your information to this Website, you are consenting to (a) the transfer of your information outside of your country in accordance with our Terms of Use and our Privacy Policy [Link to SC & SFCL Website Privacy Policy]; and (b) you are also consenting to the application of United States laws and regulations in all legal (and related) matters concerning this Website.

We reserve the right to limit the availability of our Website and the provision of any content, service, and/or other features described on our Website to any person, geographic area or jurisdiction, at any time and in our sole discretion. You agree not to transport, import, export, or re-export all or any part of the content of the Website to (or to a national or resident of): (a) Cuba, Iraq, Libya, Liberia, North Korea, Iran, Syria, Serbia, Sudan or any other country to which the U.S. has embargoed goods or (b) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You also represent, warrant and covenant to us that you are not located in or under the control of any such country or on any such list.

            Notice for California Users: Under California Civil Code Section 1789.3,           California website users are entitled to the following specific consumer rights    notice: California residents may contact the Complaint Assistance Unit of the             Division of Consumer Services of the California Department of Consumer Affairs    in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by             telephone at (916) 445-1254 or (800) 952-5210.

 

 

 

1.  Your Acceptance of All SC & SFCL Website Terms and Conditions

            By visiting, accessing, browsing or otherwise using this Website, you signify and affirm your agreement to, and acceptance of:

             (1)       The terms and conditions set forth herein, as may be amended by                                     SC & SFCL from time to time (the "Terms of Use"), and

             (2)       SC & SFCL’s Privacy Policy, as may be amended by SC & SFCL from time to                             time, and located at: [Link to SC & SFCL Website Privacy Policy] and                           incorporated here by reference in its entirety.

            You also affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Finally, if you do not agree to any of the terms and conditions set forth in these Terms of Use, and to the SC & SFCL Website Privacy Policy, please do not use this Website.

 

2.  Modifications of SC & SFCL Website Terms and Conditions

            We may, in our sole and exclusive discretion, modify or revise these Terms of Use and any of our other applicable Policies and/or Guidelines at any time without notice, and you agree to be bound by all such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 

            While we may attempt to notify you when these Terms of Use are substantially amended or revised, it is your sole responsibility and obligation to periodically review the latest effective version thereof at [Link to SC & SFCL Website Terms of Use], to keep yourself up to date with the most current terms and conditions governing your use of the Website.

            Your continued use of the Website constitutes an affirmative and explicit acknowledgment by you of any and all modifications to these Terms of Use and to any of our other applicable Policies and/or Guidelines, and your agreement to abide and be bound by the these Terms of Use, and by any of our other applicable Policies and/or Guidelines, as modified.

 

3. Termination of your Rights to Utilize SC & SFCL Website

            You understand and agree that your access to this Website is subject to and conditioned upon your continued adherence to, and compliance with, these Terms of User and any future modifications thereto. If we determine at our sole and exclusive discretion that you have failed to comply with any of the terms and conditions set forth here in these Terms of Use (and as they may be modified in the future), we can suspend or terminate you as a registered user and suspend, restrict or terminate your access to the Website, in whole or in part, at any time, immediately and without notice.

 

4.      SC & SFCL and Third Party Intellectual Property Rights

(1) This Website, and with the exception of the video content that is viewable on the Website, but that is hosted by a third party website unaffiliated with SC & SFCL Website (hereinafter "Excluded Materials"), all material published on the Website, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials, is owned by SC & SFCL or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States, and applicable international, copyright laws. Furthermore, SC & SFCL owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Website. SC & SFCL owns the rights in and to the "The Sadkhin Complex" trademark and the SC & SFCL Website domain name, while other trademarks, logos, products, services and company names mentioned on the Website or in any Content published therein, may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors (collectively referred to as "Marks"). You are prohibited from using any Marks without the written permission of SC & SFCL, or, as may be applicable, of such third party that may own the Mark(s).

(2) All content on the Website is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without SC & SFCL’s prior written consent (or, in the case of Excluded Materials, the prior written consent of the applicable third party holder of copyrights therein). You may download materials for your personal, non-commercial use only as provided in these Terms of Use, provided that you keep intact all copyright and other proprietary notices. Copying or storing of materials for other than personal use is expressly prohibited without prior permission from us, or, in the case of Excluded Materials, the copyright holder identified in the copyright notice contained therein. Use of any tools, technologies and/or other measures to “rip” (i.e. download an unauthorized copy of) Content made available on a streamed basis or which otherwise seeks to circumvent digital rights management measures designed to protect Content is expressly prohibited. You must use the Website and materials provided thereon for lawful purposes only and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the Website and materials. You agree that you will not remove or modify any copyright, other proprietary notices or trademarks which appear on the Website or the materials.

(3) Except for allowing you to use the Website for your personal use as set forth above, when you use the Website, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of SC & SFCL. You understand that you have no rights to any of the materials provided on the Website or any other SC & SFCL property, except as provided in these Terms of Use.

(4)  Content owners who find their own unauthorized copyrighted material linked from SC & SFCL Website should CONTACT THE SOURCE WEBSITE hosting the material if they wish to object to their content being made available. SC & SFCL Website does not have the means to remove content from a third-party website. At this time, SC & SFCL Website DOES NOT HOST THE VAST MAJORITY OF THE VIDEO CONTENT THAT YOU SEE ON THE SITE.

 

5. Disclaimers of Warranties 

(1)  A possibility exists that our Website or materials could include inaccuracies or errors, or information or materials that violate these Terms of Use. Additionally, a possibility exists that unauthorized alterations could be made by third parties to our Website or content thereon. Although we attempt to ensure the integrity of our Website, we make no guarantees as to its completeness or correctness. If a situation arises in which our Website’s completeness or correctness is in question, please contact us via our contact information provided on the bottom of each page of the Website with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our Website.

(2) Disclaimer of Warranties:

YOU UNDERSTAND THAT YOUR USE OF THE WEBSITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE WEBSITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE WEBSITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE WEBSITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT SC & SFCL MAKES NO WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT SC & SFCL DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

YOUR USE AND BROWSING OF THE WEBSITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, SC & SFCL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE WEBSITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE WEBSITE AND SERVICES.

ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE WEBSITE, OR OBTAINED FROM A WEBSITE TO WHICH THE WEBSITE IS LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

SC & SFCL DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH USERS OF THE WEBSITE, ANY CONTENT PROVIDED ON THE WEBSITE AND ANY LINKED SITES OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE WEBSITE OR A LINKED WEBSITE.

OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL SC & SFCL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE OR A LINKED WEBSITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE WEBSITE OR A LINKED WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE OR OBTAINED FROM A LINKED WEBSITE.

(3)  If any part of these warranty disclaimers is found to be invalid or unenforceable           for any reason, then our aggregate liability for all claims under such          circumstances for any breach of warranty shall not exceed fifty dollars ($50).

 

6.  Limitations on Liability 

(1)  You understand that when using the Website you will be exposed to video,       and to other content from a variety of sources, and that SC & SFCL Website is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such video or other content. You further understand and acknowledge that you may be exposed to video and transcriptions thereof in your language that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SC & SFCL Website with respect thereto. 

(2)  Limitation of SC & SFCL Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SC & SFCL OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR COMPUTER FAILURE OR LOSS OF USE, PROFITS, REVENUE, CONTRACTS, GOODWILL, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE WEBSITE OR THE SERVICES, EVEN IF SC & SFCL HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.

UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SC & SFCL’s LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS.

(3) If any part of these limitations of liability is found to be          invalid or unenforceable   for any reason, then our aggregate liability for all claims under such          circumstances for liabilities shall not exceed fifty dollars ($50).

 

7.  Indemnification 

            You understand that you are personally responsible for your behavior in connection with utilization of the Website, and you agree to indemnify, defend (if we so request) and hold us, our affiliates, business partners, licensors and suppliers and our and their directors, officers, employees, consultants, agents and other representatives (collectively, “indemnified parties”), harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees and other legal costs) and other expenses (collectively, “losses”) that arise directly or indirectly out of or from (a) your breach of these Terms of Use; (b) any allegation that any information or materials you submit to us or transmit to our Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property, privacy or other rights of any third party; and (c) any of your activities in connection with our Website. You also agree to reimburse each indemnified party on demand for any losses incurred by such indemnified party to which this indemnification relates.


8.   Linking to SC & SFCL Website 

By virtue of hypertext or other computer links you may be able to access other website pages on the Internet which are not part of the Website content. SC & SFCL is not responsible for nor assumes any liability for the contents of other websites which are linked to the Website. SC & SFCL shall have no liability in respect of material linked to the Website which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable regulations as may be from time to time in force. The provision by SC & SFCL of a link to another website does not constitute authorization by SC & SFCL to you to access materials held at that location, nor is it evidence of any approval or endorsement by SC & SFCL of the material provided there. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. You are solely responsible for reading the terms of use and privacy policy for any third party’s website that you access.

For your own personal, non-commercial purposes, you may establish a link to our Website or any of the Content, provided that in doing so you do not damage, profit from, or take advantage of our reputation, or act illegally. In linking to our Website you must not imply that there is any association, approval or endorsement of you (or of the website on which your link to SC & SFCL Website resides), on the part of SC & SFCL. The Website must not be framed on any other site. SC & SFCL reserves the right to withdraw the permission to link granted herein at any time and without notice.

9   Use of Your Personal Data

The collection and use of your personal information is governed by our Privacy Policy which is located at: [Link to SC & SFCL Website Privacy Policy]

 

10.  Invalidity or Illegality of the Terms of Use

If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable. In this case, at our discretion, we may amend that provision in such reasonable manner as achieves the intention of the parties without illegality.

 

11. General and Miscellaneous Terms and Conditions

A.        Entire Agreement and Misc. Provisions: These Terms of Use, together with the Privacy Policy located at [Link to SC & SFCL Website Privacy Policy] and any other legal notices provided by SC & SFCL on the Website, shall constitute the entire agreement between you and SC & SFCL  concerning the SC & SFCL  Website, and supersedes any and all prior or contemporaneous written or oral agreements between you and SC & SFCL  with respect to such subject matter. As is stated in Section 2, above, SC & SFCL reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the SC & SFCL Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND SC & SFCL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SC & SFCL WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

B.        Severability: If any provision of these Terms of Use is deemed invalid, unlawful, or unenforceable by a court of competent jurisdiction, the invalidity, unlawfulness, or unenforceability of any such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. The rights and remedies of SC & SFCL under these Terms of Use and any other applicable agreement between you and SC & SFCL shall be cumulative, and the exercise of any such right or remedy shall not limit SC & SFCL’s right to exercise any other right or remedy.

C.        No Waiver: No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and SC & SFCL’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

D.        Governing Law & Disputes: These Terms of Use are governed by and construed in accordance with the laws of the State of New York, United States of       America, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of           New York, New York, United States of America, and waive any jurisdictional,             venue or inconvenient forum objections to such courts.

E.        Assignment: These Terms of Use, and any rights and licenses granted hereunder, may not be assigned or otherwise transferred by you, but may be           assigned or transferred by SC & SFCL  without restriction.

F.        Further Assurances: You agree that you will do all acts and things, and            execute all documents, that we may reasonably request in order to        carry out the             intended provisions of these Terms of Use.

 

12. Contact Information

If you have any questions concerning these Terms of Use and/or regarding any other terms and conditions relating to your use of this Website, please write to SC & SFCL  at the following postal address: Sadkhin Franchising Company, LLC, 2306 Avenue U, Suite A, Brooklyn, NY 11229, or contact us by e-mail using the following address: [SC & SFCL Customer Service Contact Email]. All rights not expressly granted in these Terms of Use and in any of our other applicable Policies and/or Guidelines are hereby expressly reserved by SC & SFCL.

Thank you for visiting SC & SFCL Website

The Effective Date for these Terms of Use is: [DATE]

© 2008-2014, Sadkhin Franchising Company, LLC. All rights reserved. "The Sadkhin Complex" is a registered trademark of Sadkhin Franchising Company, LLC.

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