Welcome to West Asia’s Terms of Service. Please read this carefully before using our site, services, or products. This is a legally-binding contract between you and West Asia. We’ve tried to be straightforward with this contract, but we want you to feel comfortable with it, so please feel free to contact us if you have any questions or suggestions.
Please read these Terms of Service (the “Terms”) carefully before using westasia.co (the “Site”) and/or the other products, domains, services, content and applications provided by West Asia (collectively, the “Services”). All West Asia Services are operated by Eva Technologies Inc., a Delaware Corporation, and will be referred to as “West Asia”, “we”, “our” or “us” throughout these Terms. By using or accessing the Services (even just browsing our website), you agree to be bound by all the terms and conditions. If you don’t agree to all the terms and conditions, please do not use the Services.
Use of the Services
Eligibility. We only permit individuals who are at least 13 years old and can form legally binding contracts with us to use the Services, provide any personal information to West Asia, or otherwise submit personal information through the Services. Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these terms, so please provide accurate information about yourself. West Asia may still refuse to let certain people access or use the Services. West Asia may also change its eligibility criteria. Further, we offer the Services only for personal use, and not for the use or benefit of any third party.
You have to be at least 13 years old. No exceptions. Use West Asia as much as you want, but you’re not allowed to resell the products purchased, or other information obtained, through the Services.
Registration. Most of West Asia’s Services can be maneuvered without creating a user account (an “Account”). Other features, though, may require you to create an Account. If you do create an Account, you agree to provide West Asia with accurate, complete, and updated registration information. You are solely responsible for any activity that occurs through your Account. This means you should not: (1) share your Account information; (2) use another person’s Account or registration information for the Services without permission; (3) create a username that is otherwise offensive, vulgar, or obscene; (4) let someone else use your Account without permission; or (5) publish, distribute, or post login information for your Account. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. We understand that your road may take you away from West Asia for various reasons. If it does, you can delete your Account by emailing us at email@example.com.
If you create an account, be responsible and keep the login information secret. You’re responsible for anything that happens using your account.
Content and User Content
Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
We use the word Content to describe any media posted to the site.
User Content. The term “User Content” means all Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted. Users retain ownership and/or other applicable rights in User Content. West Asia and/or third parties retain ownership and/or other applicable rights in all Content other than User Content. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from accessing Content.
User Content is anything that you or other users post. You continue to own your own content.
Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
If we tell you how you can use Content, you will need to respect those restrictions.
Content License from West Asia to You. As a User of the Services, West Asia grants you a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely in connection with your use of the Services. This license does not allow you to use, reproduce, modify, distribute, or store any Content for other than purposes of using the Services without prior written permission from us. You also cannot sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
We’ve put a lot of effort into our Site and Services. Don’t rip us off, please.
User Content License Grant to West Asia. When you submit, distribute, transmit, or post any communications or any other material to West Asia (either through the Services or through our pages on third party sites, such as Instagram, Twitter and Facebook), you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for West Asia to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid and royalty-free and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing and marketing products. In addition to giving West Asia a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt and promote such submissions, including after any termination of your Account. For clarity, we want you to know that this license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing. You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us.
It’s a lot of effort to run a website and business, and we’ll need rights to use your content (or not). User Content may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communication functions. We do not own any of your User Content, although by providing content to us, you may grant us a license to use it. The bottom line is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don’t agree to these conditions, then please don’t provide the materials to us.
Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
We need to have flexibility to remove stuff from our Site and can’t promise that we’ll keep everything forever. If you want to save your post, save it to your device.
Rules of Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services.
We need you to promise us certain things about your submissions so that you don’t get us into trouble.
Submissions. When you submit User Content, you represent and warrant (a.k.a. you promise) that:
you hold all necessary right, title and license to such materials (in other words, you own it or have the right to give it to us);
that your submission of such materials to West Asia does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn’t take it from someone else without permission); and
all User Content you provide is accurate, complete, up-to-date and not misleading (you’re not lying).
Form of User Content. In addition, any User Content must not
include any profanity or obscene, indecent, or pornographic material;
contain any unauthorized or unsolicited advertising, such as spam;
contain software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
impersonate any person or entity; or
include anyone’s identification documents or sensitive financial information.
Other Rules While Accessing Services. You may not do any of the following while accessing or using the Services:
take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
run any form of auto-responder or “spam” on the Services;
use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
harvest or scrape any Content from the Services;
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; modify, translate, or otherwise create derivative works of any part of the Services;
copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations; or
Please don’t do anything that would harm the Services we offer.
Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. All content, including User Content and third party content, is the responsibility of the party that creates it. West Asia does not control or endorse any User Content or third party content, and we make no claims or representations regarding any content we do not create. We may provide links to third party sites or resources, but these links do not mean we endorse or have any associations with the third parties. Please note that any moderators, forum managers or hosts on the Services are not authorized as our spokespersons, and their views do not necessarily reflect those of West Asia. If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. We take no responsibility related to third party content, User Content, or any actions resulting from your use of any part of the Services. West Asia will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether West Asia or another party provides it.
We can’t take responsibility for the whole internet. If you access third party sources, we’re not the ones responsible.
DMCA Copyright Policy
Here’s what happens if somebody thinks something infringing is posted to the Site or Services.
In accordance with the Digital Millennium Copyright Act (the “DMCA”), West Asia has adopted the following policy toward copyright infringement on the Services. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights. If you believe someone has posted on the Services a work that you own without your authorization, please send a notice of copyright infringement containing the following to our Designated Agent (whose contact information is below):
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
Your contact information, including address, telephone number and, if available, e- mail address;
A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law;
A statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner; and
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringe.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at firstname.lastname@example.org.
Certain of our Services or product offerings may be subject to payments of fees (the “Paid Services”). You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Billing. When you pay for something, West Asia uses a third-party payment processor (the “Payment Processor”) to charge your payment account that you specify (e.g. credit card, etc). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.
Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. If you don’t want to be charged for that Paid Service, you must stop using a Paid Service before the end of the trial period. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at email@example.com.
We don’t want to ever have to do this, but we reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue. As we said before, if you wish to terminate your Account, you may do so by emailing firstname.lastname@example.org.
We have no special relationship with you. This means, by agreeing to these terms, you also agree that we have no control over, and no duty to take any action regarding:
which users gain access to the Services;
what Content you access via the Services; or
how you may interpret or use the Content.
You release us from all liability relating to you acquiring or not acquiring Content through the Services. West Asia’s website may at some points contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEST ASIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY WEST ASIA OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WEST ASIA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
Sorry – our lawyers made us say it.
We hope this never happens, but if West Asia gets sued because of something that you did, you agree to indemnify us. That means you’ll defend West Asia (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
If you do something to get us in trouble, you’re responsible, not us.
Limitation on Liability
WEST ASIA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WEST ASIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WEST ASIA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF WEST ASIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WEST ASIA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND WEST ASIA’S REASONABLE CONTROL.
WEST ASIA’S SERVICES MAY BE USED BY YOU TO LOCATE AND ACTIVATE SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT WEST ASIA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU THROUGH THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME LOCAL OR NATIONAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH LOCAL OR NATIONAL JURISDICTIONS, WEST ASIA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON WEST ASIA’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Again, sorry about yelling at you, but our lawyers say we need to highlight this stuff.
Disputes with West Asia
If you’re upset with us, let us know, and hopefully we can resolve it. But if we can’t, then these rules will govern any legal dispute involving our Services.
Governing Law. These Terms shall be exclusively governed by and construed in accordance with English law.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against West Asia on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against West Asia, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against West Asia by someone else.
You and West Asia agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled fully and finally by binding arbitration between you and West Asia, and not in a court of law.
The language of the arbitration shall be English. The geographic place of the arbitration including any hearings and procedural meetings shall be in London. The seat of arbitration shall be the common law courts of England and Wales. The Rules governing the arbitration shall be the arbitration rules of the London Court of International Arbitration as in force at the time of any request for arbitration (LCIA Rules). The number of arbitrators shall be determined by the parties to any arbitral dispute in accordance with the LCIA Rules. Any dispute initially filed with a claim value of up to $250,000 will be resolved by the appointment of a sole arbitrator to be determined by the parties.
Any request for arbitration must be filed with the LCIA in accordance with the LCIA Rules (available here).
The parties agree that the tribunal (“Tribunal”), and not any national, local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Tribunal shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Changes to the Arbitration Agreement.
Notwithstanding the provisions above, regarding consent to be bound by amendments to these Terms, if West Asia changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing West Asia written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Eva Technologies Inc. (the name and current contact information for the registered agent are available online here), or (b) by email from the email address associated with your Account to: email@example.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and West Asia in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
Severability and Survival of the Arbitration Agreement.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims may be resolved in separate legal forum not specified in this Arbitration Agreement, and the parties agree that resolving those claims shall be stayed pending the outcome of any individual claims in arbitration.
Things change quickly, so we reserve the right to review these Terms and update them to accurately reflect developments in current law and our business operations at any time. So you know we’ve made modifications since your last visit, we’ll make sure to also change the “Last Modified” date at the top of this page. At any time, we also may change, suspend, or discontinue the Services, or impose limits on certain features and Services. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
As we grow, we might need to make changes to these Terms. When we do, we’ll let you know.
Entire Agreement and Severability. These Terms of Service are the entire agreement between you and West Asia with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) with respect to the Services. Further, if any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect other terms. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
Force Majeure. Sometimes things come up that are outside of our control. Because of that, we shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Assignment. These Terms of Service are personal to you. You cannot assign, transfer, or sublicense these Terms without first obtaining our consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Agency. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Headings. The section and paragraph headings in these Terms of Service are for convenience only and do not affect their interpretation.
Thank you for taking the time to read the Terms of Service. We are excited for you to explore the Site.
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