Terms of Use

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and SofaBreak ("Company", "we", "us", or "our"), concerning your access to and use of the website at sofabreak.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

By using the Site, you represent and warrant that:

• You have the legal capacity and you agree to comply with these Terms of Use;
• You are not a minor in the jurisdiction in which you reside;
• You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
• You will not use the Site for any illegal or unauthorized purpose; and
• Your use of the Site will not violate any applicable law or regulation.

You may not access or use the site for any purpose other than that for which we provide it. The website may not be used in connection with any commercial activity, except for that which has been expressly endorsed or authorized by us.

As a user of the website, you agree not to do the following:

1. Do not systematically retrieve data or other content from the website to directly or indirectly create or compile a collection, compilation, database or directory without our written permission.
2. Do not deceive, swindle, or mislead us and other users, especially in attempting to obtain confidential account information such as user passwords.
3. Circumventing, disabling or otherwise impairing the security-related functions of the website, including functions that prevent or restrict the use or copying of content or enforce restrictions on the use of the website and/or the content contained therein.
4. In our opinion, we and/or the website are being disparaged, tarnished, or otherwise harmed.
5. Do not use any information obtained from the website to harass, abuse, or harm another person.
6. Do not use the website in a manner that is not in accordance with applicable laws or regulations.
7. Use the website to advertise or offer goods and services.
8. Uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spam (continuous posting of repetitive text), which may impair the uninterrupted use and enjoyment of the Site by any party, or which alters, impairs, disrupts, modifies, or interferes with the use, features, functions, operation, or maintenance of the Site.
9. Use the system automatically, for example, using scripts to send comments or messages, or using data mining, robots, or similar tools to collect and extract data.
10. Remove any copyright or other proprietary rights notices from all content.
11. Try impersonating another user or person, or using another user's username.
12. Upload or transmit (or attempt to upload or transmit) material that acts as a passive or active mechanism for collecting or transmitting information, including, without limitation, clear graphic exchange formats ("GIFs"), 1 × 1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
13. Disrupt, interfere with, or excessively burden the Site or the networks or services associated with the Site.
14. Do not harass, annoy, intimidate, or threaten any of our employees or agents who are providing part of the website for you.
15. Try to circumvent all measures on the site that are designed to prevent or restrict access to the site or any part of the site.
16. Copying or modifying the site's software, including but not limited to Flash, PHP, HTML, JavaScript or other code.
17. Do not decrypt, decompile, disassemble, or reverse engineer the software that includes any part of the site or consists of it in any way.
18. Do not use, launch, develop or distribute automated systems, including but not limited to spiders, robots, cheat utilities, scrapers or offline readers that access the site, unless this is the result of using standard search engines or internet browsers, or using or launching unauthorized scripts or other software.
19. Use a shopper or purchaser to make purchases on the website.
20. Do not engage in any unauthorized use of the website, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited emails or to create user accounts in an automated manner or under false pretenses.
21. Do not use the website in any effort to compete with us, or otherwise use the website and/or its content for revenue-generating purposes or commercial enterprises.

The site does not offer users the ability to submit or publish content. We may offer you the ability to create, submit, publish, display, transmit, perform, post, distribute, or send content and materials for us or on the website, including but not limited to text, writings, video, audio, photos, graphics, comments, suggestions, or personal information or other material (collectively, "Submissions"). Submissions may be viewed by other users of the website and through third-party websites. Therefore, any Submissions you submit may be treated in accordance with the website's privacy policy. By creating or providing Submissions, you represent and warrant the following:

1. The creation, distribution, transmission, public display or performance, as well as access, downloading or copying of your contributions, must not infringe the proprietary rights, including but not limited to copyright, patent, trademark or trade secret or moral rights of third parties.
2. You are the author and owner of, or have the necessary licenses, rights, consents, releases and permissions to allow us, the website and other users of the website to use and authorize your contributions in any way that is permitted by the website and these terms of use.
3. You have considered obtaining the written consent, release and/or permission of each identifiable person in your submissions to use the name or likeness of each identifiable person in order to allow the inclusion and use of your submissions in any way by the website and these Terms of Use.
4. Your posts are not wrong, inaccurate, or misleading.
5. Your posts are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of advertising.
6. Your posts are not obscene, indecent, lascivious, dirty, violent, harassing, libelous, defamatory or otherwise objectionable (as determined by us).
7. Their posts do not mock, ridicule, despise, intimidate, or abuse anyone.
8. Their posts do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against any other.
9. Your contributions do not violate any applicable laws, regulations, or rules.
10. Your contributions do not infringe the privacy or publicity rights of third parties.
11. Your contributions do not contain any material that requests personal data from individuals under the age of 18 or exploits individuals under the age of 18 in a sexual or violent manner.
12. Your posts do not violate any applicable laws regarding child pornography or otherwise protecting the health or well-being of minors.
13. Your posts do not contain any offensive comments related to race, national origin, gender, sexual orientation, or physical disability.
14. Your contributions do not otherwise violate any provision of these Terms of Use or any applicable laws or regulations, or refer to material that violates these provisions.

Any use of the website in violation of the foregoing provisions constitutes a breach of these Terms of Use and may, among other things, result in the termination or suspension of your rights to use the website.

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk.

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted internationally. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in our hosting jurisdiction, then through your continued use of the Site, you are transferring your data, and you agree to have your data transferred to and processed in that jurisdiction.

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

These conditions are governed by and defined following the laws of the United Arab Emirates (UAE). SofaBreak and yourself irrevocably consent that the courts of the United Arab Emirates shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration
Any dispute arising from the relationships between the Parties to this contract shall be determined by an arbitrator who will be chosen in accordance with the arbitration and conciliation rules of the United Arab Emirates. The seat, or legal place, of arbitral proceedings shall be the United Arab Emirates. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of the United Arab Emirates.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: