Terms and Conditions

Last Updated: September 23, 2014

Acceptance of Agreement

Thank you for visiting and using IrshadManji.com. This is an agreement between you (“you” or “your”) and Moral Courage LLC, a Delaware limited liability company (“MCLLC,” “we,” or “our”) that governs your use of the irshadmanji.com website, any mobile app we may provide, and any related tools and services (collectively, the “Services”). When you access or use the Services in any way, you agree to be legally bound by these Terms and Conditions (“Terms”). Please make sure you review these Terms carefully, as they contain important information about your rights and obligations, including arbitration of legal disputes.

User Conduct

At Moral Courage LLC, we are dedicated to our mission to educate and guide people about Muslim reform and moral courage, and equip you and other members of our community of users with the knowledge and support needed to challenge political correctness, intellectual conformity and self-censorship within your and their families, communities and organizations. The Services are designed to be informative and useful, and it is important to us that they remain a safe, friendly and trustworthy space to interact with us and other users. Accordingly, you agree that you will only use the Services in a manner consistent with their purpose and as described in these Terms. You and all other users will be expected to comply with these Terms, to be polite and respectful, and to refrain from using the Services to engage in any prohibited conduct.  “Prohibited conduct” is any conduct (i) that is in breach of any applicable federal, state or local law, or the law of any foreign country or jurisdiction; (ii) that is infringing, tortious, fraudulent, defamatory, abusive, or harassing; (iii) that is in any way harmful to MCLLC, its users and business partners, or any other third party or its property; (iv) that violates another party’s intellectual property, publicity, privacy or other rights; (v) that otherwise interferes with the operation, use or enjoyment by any person of the Services or any service, system or other property; or (vi) that violates any provision, clause, term or condition of these Terms.  Note, you must be 13 years old or more to use the Services, and by using the Services, you agree that you are at least 13 years old.

Changes

We may change the Terms and the Services without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms are effective upon our posting through the Services, and any use of the Services after such revisions have been posted signifies your consent to the changes.

Disclaimer; Limitation of Liability

MCLLC has no control over and is not responsible for any products or services that may be advertised by its advertising partners through MCLLC or for the content, privacy or security of any third-party websites or applications linked to from the Services.  We make no guarantees, nor can we be responsible for any such information, content, products or services, including their currency, safety, quality, copyright compliance or legality, or any resulting loss or damage.  MCLLC is also not responsible for failures or interruptions in the Internet, networks or systems, acts or omissions of third parties and other factors beyond its reasonable control. THE SERVICES, AS WELL AS ALL INFORMATION AND CONTENT WHICH MAY BE PROVIDED THROUGH THE SERVICES, ARE PROVIDED AS IS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED,  INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL MCLLC OR ITS AFFILATES, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, ASSIGNS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER IN AN ACTION BASED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICES, OR ANY POSTING OR OTHER COMMUNICATION BY ANY USER OR THIRD PARTY, WHETHER OR NOT MADE AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL MCLLC’S TOTAL LIABILITY TO YOU UNDER THESE TERMS EXCEED ONE HUNDRED DOLLARS (USD $100.00) IN THE AGGREGATE FOR ANY AND ALL CLAIMS. THE FOREGOING LIMITATIONS OF LIABILITY REFLECT A DELIBERATE AND BARGAINED FOR ALLOCATION OF RISKS BETWEEN MCLLC AND YOU. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so these provisions may not apply to you to the extent prohibited by law.

Ownership; License

MCLLC and its licensors retain all their rights, title, and interest in and to the Services, and any books, software or content of any kind used by MCLLC in providing the Services or featured through the Services, including without limitation photos, videos, and works of authorship. Any rights not expressly granted to you herein are reserved by MCLLC. You acknowledge that the Services and the software used by MCLLC in providing the Services may contain MCLLC proprietary and confidential information. You agree not to copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, reproduce in whole or in part, display (except as necessary to exercise your rights hereunder), sublicense, or transfer the Services, any information contained therein, or any software used by in providing the Services, without the prior written permission of MCLLC.

On the condition that you satisfy any and all of your applicable payment, subscription and other obligations related to the Services, MCLLC grants you a non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial purposes.  You may not resell or grant third-party access to the Services.  All worldwide intellectual property rights, including any copyrights and patent rights, in the Services and all content provided or featured through the Services are exclusively owned by MCLLC or its licensors, as applicable. The content provided or featured through the Services may not be copied (except as necessary to use the Services as permitted by these Terms), distributed, performed, modified, or reproduced, in whole or in part, without the prior written permission of MCLLC. You may not modify, reverse engineer, decompile or attempt to derive the source code for the Services.  If you violate the terms of this paragraph, MCLLC may terminate your account with or without notice.  Further, and notwithstanding anything in the foregoing to the contrary, the foregoing license shall not extend to permit your use of the Services to share, without our consent, any personal information about yourself if you are under the age of 13, and any such sharing is expressly prohibited.

Infringement

If you are a copyright owner or an agent thereof and believe that any third-party content made available by MCLLC infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at those locations; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit MCLLC to locate the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MCLLC’s designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent, e-mail: [email protected], or write to the following address: 1315 Walnut Street, Suite 700, Philadelphia, PA 19107. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MCLLC customer service.  You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

MCLLC has a policy of terminating the account of, or denying access or use of the Services to, in its sole and absolute discretion, any user who infringes the copyrights or other intellectual property rights of others.  MCLLC reserves the right, in its sole and absolute discretion, to suspend or terminate the account of any user who infringes the intellectual property rights of MCLLC or others, and/or to remove, delete, edit or disable access to such person’s content. MCLLC shall have no liability for any action taken pursuant to this Section.

Termination

Either you or we may terminate these Terms at any time for any reason whatsoever.  The indemnity, limitation of liability, and payment provisions and all other provisions of these Terms that, by their nature, are intended to survive any termination of these Terms, shall do so.  If you terminate these Terms, your license to use the Services provided herein will immediately terminate.

Indemnity

You shall indemnify and hold MCLLC and its affiliates and its and their respective owners, directors, officers, members, employees, and agents harmless from all claims and demands, costs, damages and liabilities (including, without limitation, reasonable attorneys’ fees) caused by your use of the Services, your business or personal activities, any content, products or services furnished by you, or your breach of these Terms.

Governing Law; Arbitration

THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE OF DELAWARE, AND THE FEDERAL LAWS OF THE UNITED STATES, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAWS.  ANY DISPUTE BETWEEN YOU AND US, WHETHER OR NOT ARISING OUT OF THESE TERMS OR THE PERFORMANCE THEREOF, SHALL BE DETERMINED BY ONE ARBITRATOR IN BINDING ARBITRATION ADMINISTERED BY THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”) PURSUANT TO ITS INTERNATIONAL ARBITRATION RULES. ANY HEARINGS SHALL BE HELD IN NEW YORK CITY, NEW YORK, U.S.A.  THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH, AND ALL DOCUMENTS SHALL BE SUBMITTED IN ENGLISH.  ANY WITNESSES OR PARTIES RESIDING MORE THAN 100 MILES FROM THE SITE OF THE HEARINGS MAY TESTIFY BY TELEPHONE, VIDEO CONFERENCE OR OTHER REAL-TIME AUDIO/VISUAL TELECOMMUNICATIONS MEDIUM. THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED AND ENFORCED IN ANY COURT OR TRIBUNAL OF COMPETENT JURISDICTION. EITHER PARTY MAY APPLY TO THE ARBITRATOR (OR DIRECTLY TO THE ICDR IF THE ARBITRATOR HAS NOT BEEN FORMALLY APPOINTED) FOR EMERGENCY, INTERIM, PROVISIONAL, TEMPORARY OR PERMANENT INJUNCTIVE RELIEF.  EITHER PARTY ALSO MAY, WITHOUT WAIVING ANY REMEDY UNDER THESE TERMS, SEEK FROM ANY COURT HAVING JURISDICTION ANY INTERIM OR PROVISIONAL RELIEF THAT IS NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF THAT PARTY, PENDING THE ESTABLISHMENT OF THE ARBITRAL TRIBUNAL, OR PENDING THE ARBITRAL TRIBUNAL’S DETERMINATION OF THE MERITS OF THE CONTROVERSY.  IN ANY AWARD, THE ARBITRATOR SHALL HAVE THE RIGHT TO ALTER, AMEND OR DISSOLVE ANY INJUNCTIVE RELIEF PREVIOUSLY GRANTED BY A COURT.

Miscellaneous

These Terms, together with any Premium Services Terms and our Privacy Policy (collectively, the “Agreement”), supersede any and all prior agreements or understandings between the parties, whether written or oral.  MCLLC and its users are independent contractors, and no agency, employment or partner relationship exists between MCLLC and any of these other persons. The Agreement is assignable by MCLLC, but is not assignable by you without our prior written consent. No waiver of any term of the Agreement will be valid unless in writing and acknowledged in writing by the party against whom enforcement is sought, and no failure on our part to enforce strict performance of any part of the Agreement will constitute a waiver of any provision of, or any of our rights, under the Agreement.

Subscription Services; Paid Content and Merchandise

From time to time, we may offer you access to paid subscription services, paid content, and merchandise (“Premium Services”). All orders for Premium Services will be governed by these Terms and also by our Premium Services Terms, which you may access by following the appropriate link on IrshadManji.com, and which you will be required to review and accept prior to enrolling to become a User of the Premium Services. By accessing or using any of the Premium Services, you agree to be bound by these Terms and the Premium Services Terms. The Premium Services Terms may include rules, policies and conditions covering such matters as returns and cancellations. In the event of any conflict between these Terms and the Premium Services Terms, the Premium Services Terms shall take precedent with respect to the particular Premium Services at hand.