Qimam Fellowship Terms of Use

Last Updated: 09 January 2019

1. Applicant’s Acceptance

I hereby understand and accept the Terms of Use for the qimam.com/staging Website (“Terms”) and any services offered via the Website (collectively the “Site”) and “I” “applicant(s)” or “user(s)”), a user of the Site with Website operator (referred to for brevity as “Qimam”).

I understand that by using or accessing the Site, submitting a message or communication I agree to be bound by the Terms and the Term’s amendments as they may occur from time to time.

2. Fellowship Application

I understand that by applying to Qimam Fellowship program (the “Fellowship”) information provided by myself as the Applicant (“Information”) shall be reviewed and made accessible to third parties. I further acknowledge that the Information and any information or material from any application to the Fellowship may be published. My application can be reserved, disqualified, rejected or removed, even after being successfully accepted onto the Fellowship, at any time as Qimam finds necessary without explanation.

3. Application Process, Criteria & Rejections

A. Process

I understand that to be considered for the Fellowship, I need to

• meet the eligibility criteria of the fellowship as listed on the Site;
• submit all required information; and submit all additional requested information related to the application

Applicants who do not comply with all the above or submit false, dishonest, or misleading information shall not be considered for the Fellowship.

B. Criteria

Applicants shall be assessed on their levels of academic performance, initiative and social responsibility. Applicants with a particularly strong performance in one of the three categories may also be successful at Qimam’s absolute discretion, and Qimam is not required to explain such decisions.

C. Rejections

Unsuccessful applicants may apply in subsequent years if they fulfill the eligibility and application criteria. Qimam will not provide an explanation for any unsuccessful applicants for the Fellowship and application outcomes are final.

4. Privacy

The information Qimam collects from me when I apply for the Fellowship via the Site, the Site’s cookies or the Site’s google analytics may be made available to third parties.

5. Site Availability and Modification

Although Qimam will attempt to provide continuous Site availability to me, it does not guarantee that the Site will always be available, work, or be accessible at any particular time. Qimam reserves the right to alter, modify, update, or remove the Site at any time. Qimam may conduct such modifications to the Site for security reasons, intellectual property, legal reasons, or various other reasons at its absolute discretion, and it is not required to explain such modifications. For example, Qimam may provide updates to fix security flaws, or to respond to legal demands. I understand that this is a non-binding and non-exhaustive illustration of how Qimam might exercise its rights under this section, and nothing in this section obligates it to take measures to update the Site for security, legal, or other reasons. I agree that Qimam is not required to provide Me with access to its Site and may terminate my access at any time and for any reason.

6. Program benefits

By applying to the Fellowship, I agree to participate in the Fellowship benefits, as listed on the Site, which are obligatory. The benefits provided by Qimam may be changed at the sole discretion of Qimam. Not participating in the fellowship benefits (e.g., not attending the training or the award ceremony), will lead to my disqualification from the fellowship and all fellowship benefits (past, present, or future). Selected fellows might be disqualified from the fellowship at Qimam’s discretion, and there is no obligation for Qimam to explain such decisions.

7. Third Party Links

The Site may contain links to third party websites or persons that are not owned or controlled by Qimam. Qimam has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party, websites or persons. In addition, Qimam will not and cannot censor or edit the content of any third party site or person. By applying to the Fellowship I agree that my application will be reviewed and assessed by third parties. By using the Site, I expressly relieve Qimam from any and all liability arising from my use of the Site and my submission of any and all information.

8. Conduct While Using The Site

When accessing or using the Site, I am solely responsible for my use and for any use of the Site made using my account. I agree to abide by the following rules of conduct:

• I will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running, the Site;
• I will not use any robot, spider, crawler, scraper or other automated means or interface not provided by Qimam to access the Site or to extract or export data collected through the Site;
• I will not take any action that imposes, or may impose (at Qimam’s sole and absolute discretion), an unreasonable or disproportionately large load on the Site’s infrastructure;
• I agree not to use the Site to stalk, harass, bully or harm another individual;
• I agree that I will be solely responsible for my use of the Site;
• I agree not to violate any requirements, procedures, policies or regulations of networks connected to the Site;
• I agree not to interfere with or disrupt the Site;
• I agree not to violate any Saudi laws, or US federal, state, or local laws of my country of residence while using the Site; and
• I agree not to use the Site in any way that is misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

If I am discovered to be undertaking any of the aforementioned actions, my privileges to use the Site may at Qimam’s absolute discretion be terminated or suspended. Generally, Qimam will provide an explanation for any suspension or termination of my use of the Site, but it reserves the right to suspend or terminate any account at any time without notice or explanation.

9. Intellectual Property

A. The name “Qimam Fellowship”, the design of the Site along with created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein (“Marks”), are owned by or licensed to the Qimam Fellowship owner (“Owner”). The Marks are subject to copyright and other intellectual property rights under Saudi laws and international conventions. The Owner reserves all rights not expressly granted in and to the Site. I agree to not engage in the use, copying, or distribution of anything contained within the Site unless Qimam has given me express written permission.

B. I provide Owner and Owner’s agents with a non-exclusive right to copy, edit, redact, rearrange, translate or reproduce my application or any part thereof for Fellowship purposes, such as but not limited to, advertising, promotion publicity, broadcast, exhibition, distribution or communication to the public in general about the Fellowship.

C. I understand that photos and videos of me might be taken on different events of the Qimam Fellowship (e.g., during the in-person interviews for the Fellowship, the in-person training program of the Fellowship, the award ceremony of the Fellowship, or potentially other events). I provide Owner and Owner’s agents with a non-exclusive right to copy, edit, redact, rearrange, translate or reproduce such photos or videos or any part thereof for Fellowship purposes, such as but not limited to, advertising, promotion publicity, broadcast, exhibition, distribution or communication to the public in general about the Fellowship.

10. Termination

Qimam may terminate my access to the Site or any Qimam benefits if it determines that: (1) I have violated any applicable laws while using the Site; (2) If I have violated these Terms or any other of the Site policies; or (3) if Qimam believe that any of my actions may harm the Site or Qimam’s business interests, at its sole and absolute discretion, or upon Owner’s decision. In the event of termination, Qimam will strive to provide me with a timely explanation; however, it is not required to do so.

11. Limitation of Liability; Representations and Warranties

USE OF THE SITE AND ANY SERVICES, ARE AT MY EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH MYSELF.

A. EXCEPT FOR ANY WARRANTIES AS EXPRESSLY PROVIDED HEREIN THE SITE OR SERVICES PROVIDED ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM A COMPUTER VIRUS, OR FITNESS FOR A PARTICULAR PURPOSE.

B. THERE ARE NO WARRANTIES THAT: (1) THE SITE AND ANY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE SITE OR CONTENT FOUND ON THE SITE WILL BE CORRECTED; (3) THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE SITE OR CONTENT WILL BE ACCURATE, CORRECT, UP TO DATE, OR RELIABLE.

C. QIMAM/OWNER IS NOT LIABLE, AND I AGREE NOT TO HOLD QIMAM/OWNER RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM MY USE OF THE SITE OR ANY CONTENT FOUND ON THE SITE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QIMAM/OWNER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnity

I agree to defend, indemnify and hold harmless Qimam/owner, their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

• My use of and access to the Site;
• my use of Qimam fellowship services and benefits
• my violation of any of these Terms; and
• any claim that my actions harmed a third party

This defense and indemnification obligation will survive the Terms and my use of the Site. I also agree that I have a duty to defend Qimam/Owner against such claims and Qimam/Owner may require me to pay for an attorney(s) of their choice in such cases. I agree that this indemnity extends to requiring me to pay for Qimam/Owner’s reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, Qimam/Owner may elect to settle with the party/parties making the claim and I shall be liable for the damages as though Qimam/Owner had proceeded with a trial.

13. Copyrights

Qimam/Owner take copyright infringement very seriously, and if I believe that Owner’s copyright has been infringed, I will send Qimam a message which contains:

• my name;
• the name of the party whose copyright has been infringed,
• the name and description of the work that is being infringed;
• the location on Qimam’s Website of the infringing copy;
• a statement that I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; and
• I must sign this notification and send it to info@qimam.com/staging.

14. Choice of Law

This Agreement shall be governed by the laws of The Kingdom of Saudi Arabia. The offer and acceptance of this contract is deemed to have occurred in Riyadh, The Kingdom of Saudi Arabia.

15. Arbitration

I agree that any dispute, controversy, or claim arising out of or relating to this Agreement, or the formation, breach, termination or invalidity thereof, shall be finally settled by arbitration to be conducted by a single arbitrator in accordance with the rules of the Arbitration Regulation of the Kingdom of Saudi Arabia. The arbitrator shall be appointed by the relevant court in accordance with Saudi Law. The seat of arbitration shall be Riyadh – the Kingdom of Saudi Arabia. The arbitration shall be conducted in the English language.

If I bring a dispute in a manner other than in accordance with this section, I agree that Qimam may move to have it dismissed, and that I will be responsible for Qimam’s reasonable attorneys’ fees, court costs, and disbursements in doing so.

I agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

16. Force Majeure

I agree that Qimam is not responsible to me for anything that it may otherwise be responsible for, if it is the result of events beyond its control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond its control.

17. Severability

In the event that any of the Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement I may have with Qimam are deemed to conflict with each other’s operation, I agree that Qimam shall have the sole right to elect which provision remains in force.

18. Non-Waiver

Qimam reserves all rights permitted to it under this Agreement. Qimam’s non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as Qimam’s waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

19. Survival

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

20. Age

All users who access the Site must be 18 years of age or older.

21. Assignment

I may not assign my rights and/or obligations under this Agreement to any other party without Qimam’s prior written consent apart from the Owner. Qimam may assign its rights and/or obligations under this Agreement to the Owner.

22. Amendments

Qimam may amend this Agreement from time to time. When Qimam amends this Agreement, it will update this page and indicate the date that it was last modified or it may (but is not obliged to) email me. I may refuse to agree to the amendments, but if I do, I must immediately cease using Qimam’s Site.

23. Electronic Communications

The communications between myself and Qimam to use electronic means, whether I visit the Site, send Qimam e-mails, or apply for the Fellowship, or whether Qimam posts notices on the Site or communicates with myself via e-mail. For contractual purposes, I (1) consent to receive communications from Qimam in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Owner provides to me electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect Qimam’s statutory rights.