Events Malga Terms of Service


1. TERMS ACCEPTANCE.

1.1 Overview.
The following Terms of Service (this “TOS”) govern all use by you as a Buyer (as defined below) or other non-Organizer (as defined below) user or visitor of
(a) the https://events.malga.com website, including all webpages, subdomains and subparts therein contained (hereinafter referred to collectively as the “Site”),
(b) any and all services available on or through the Site or otherwise provided by [Malga Ltd. ] (“Malga”) in connection with events listed on the Site, and
(c) all Software (as defined below) (collectively, the “Services”). The Services are owned and operated by Malga. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Malga. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY Malga. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.

1.2 Amendment.
Malga reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

  1. - All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
  2. - Saudi Arabia is our country of domicile.
  3. -Website will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of Saudi Arabia
  4. - We accept payments online using Visa and MasterCard credit/debit card in SAR.
  5. - Refunds will be done only through the Original Mode of Payment.
  6. - Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Saudi Arabia.



2. DESCRIPTION OF Malga.
Malga provides easy and fast means for registered users who are event organizers and planners (“Organizers”) to collect payments and/or information with respect to the sale of tickets for events registered on the Site, including Ticket Sale Service Charges (as defined below) (“Event Registration Fees”),
from registered or non-registered users who want to attend such events (“Buyers”). Organizers may visit the Site, fill out a questionnaire about their event, including pricing, location, ticket inventory, etc., and collect Event Registration Fees online directly from Buyers. Payments are all transacted through, either (a)
PayPal, Authorize.net or other third party payment service methods (collectively, “Facilitated Payment Modes” or “FPM”); (b) the Malga payment processing gateway (the “Gateway”); c) Cash On Delivery from a courier that will charge an additional fee- from the buyer- to collect the payment; d) Designated Payment Points approved by Malga (On-Site Payment); or e) Cash directly to the Event Organizer. This TOS applies to you and your use of the Services as a Buyer.For the Terms of Service Agreement that applies to you and your use of the Services as an Organizer user or visitor, please see Terms of Service (Organizer).

3. YOUR USE OF THE SERVICES.

3.1 The Services.
Malga hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, registering for, and interacting with, an event that is registered on the Site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services; (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.

3.2 Software.
If you are allowed to download or use any software in connection with the Services, Malga hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by Malga in conjunction with the Software. For purposes of this TOS, “Software” shall mean any and all software that is available on or through the Site or otherwise provided by Malga. For clarity, the Software will be deemed a part of the “Services” hereunder.
The Software and the transmission of applicable data is subject to Jordanian and UNITED ARAB EMIRATES(UAE) Laws. No Software may be downloaded or otherwise exported or re-exported in violation of the Jordanian and UNITED ARAB EMIRATES(UAE) laws. Downloading or using the Software is at your sole risk.

4. MAKING PAYMENTS.
Please review the
Purchase Policy
, which will govern your order, registration fee or purchase of any tickets through the Site. If you wish to purchase products or services described on the Site (each such purchase, a "Transaction"), you will be asked to supply certain information applicable to your Transaction, including, without limitation,credit card and other information. You understand that any such information will be treated by Malga Ltd in the manner described in our Privacy Policy. You agree that all information that you provide in connection with your purchase will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. You acknowledge that complying with laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you, friends or immediate family members who expressly authorize such use, for the purpose of purchasing tickets. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol ("IP") addresses or email addresses to use or to purchase tickets on the Site. You grant Malga the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Descriptions or images of, or references to, products or services on the Site do not imply Malga''s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to Malga''s acceptance of any order. Price and availability of any product or service are subject to change without notice.

4.1 Independent Relationship of FPMs.
When using a FPM, Organizers and Buyers effect the applicable monetary payment transaction through the FPM service, and are bound by the applicable terms of use governing the FPM service.

5. YOUR REGISTRATION OBLIGATIONS.
To be a registered user of the Services, whether as a Buyer or other non-Organizer, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Malga has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Malga has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). Malga is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any FPM service provider or other third party service provider, you must be at least 18 years of age or, if under the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the Site or register for an account. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using the Site immediately.


6. ACCOUNT, PASSWORD AND SECURITY.
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Malga of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Malga cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.

7. CONTENT.

7.1 Site Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Malga in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Malga may own the Site Content or portions of the Site Content may be made available to Malga through arrangements with third parties. Except as expressly authorized by Malga in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of Malga. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

7.2 Your Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site (“Your Content”), whether as a Buyer or other non-Organizer, you hereby grant to Malga a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any other provider of Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) does not involve gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, and (iii) complies with and abides by all applicable laws and regulations (foreign and domestic). Malga reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or for no reason.

8. CONDUCT.

8.1 Certain Restrictions.
Whether you are using the Services as a Buyer or other non-Organizer, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Organizers, Buyers and other non-Organizers. You agree not to use the Services to:

· upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another''s privacy, hateful, or racially, ethnically or otherwise objectionable;

  • harm minors in any way;

· facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize,

· impersonate any person or entity, including, but not limited to, an Malga representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;

· forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

· upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

· upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;

· upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;

· upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by Malga;

· interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

· intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation laws and regulations (foreign or domestic) regarding the sale, resale or buying of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or

  • stalk or otherwise harass any person or entity.


8.2 Certain Remedial Rights.
Whether you are using the Services as a Buyer or other non-Organizer, you acknowledge that Malga does not pre-screen any Content provided or made available by you or any third party in connection with the Services. However, Malga and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or for no reason. You acknowledge and agree that Malga may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or
(d) protect the rights, property, or personal safety of Malga, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with and abide by all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the
United States, the Hashemite Kingdom of Jordan, UNITED ARAB EMIRATES(UAE) or the country in which you reside.

10. INDEMNITY.
You agree to defend, indemnify and hold Malga, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys'' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your Content; the events listed on the Service; your use of, contribution to or connection with the Service; your violation of this TOS; and/or your violation of any rights of a third party. Malga shall provide notice to you of any such Claim, provided that the failure or delay by Malga in providing such notice shall not limit your obligations hereunder. Malga reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Malga’s defense of such matter.

11. SERVICE MODIFICATIONS/SUSPENSIONS.
Malga reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or for no reason with or without notice. You agree that Malga shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

12. TERMINATION.
Malga, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due Malga, or if Malga believes that you have violated or acted inconsistently with the letter or spirit of this TOS or the applicable laws and regulations (foreign and domestic). You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Malga may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Malga shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

13. LINKS.
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because Malga has no control over such websites and resources, you acknowledge and agree that Malga is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Malga shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.

14. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Malga HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Malga MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. Malga IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND Malga WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT Malga HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING BUYERS’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS, OTHER NON-ORGANIZERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to Malga. Malga, in its sole discretion, may investigate the claim and take necessary action.

15. LIMITATION OF LIABILITY.
Malga SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Malga HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 (ONE HUNDRED UNITED STATES DOLLARS) IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND Malga’S REASONABLE CONTROL. Malga SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, Malga IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND Malga HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

16. RELEASE.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE Malga, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE ANY APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

17. PRIVACY.
All information provided by you or collected by Malga in connection with the Services is governed by Malga’s Privacy Policy, a copy of which is located at
Privacy Policy
, which is hereby incorporated by reference into this TOS. Malga strongly recommends that you review the Privacy Policy closely. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. Malga shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. Malga does not control and shall not be responsible for the acts of you or any other users (whether Organizers, Buyers, other non-Organizers or otherwise) of the Services.

18. NOTICE.
Notices to you may be made via either email or regular mail to the address in Malga’s records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services.
Any notice from you to us shall be sent in writing to our mailing address at info@Malga.com.

19. TRADEMARK INFORMATION.
The trademarks, service marks, and logos of Malga (“Malga Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Malga. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with Malga Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Malga specific for each such use. The Trademarks may not be used to disparage Malga, any third party or Malga’s or third party’s products or services, or in any manner (in Malga’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Malga approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Malga Trademark shall inure to Malga’s benefit.

20. GENERAL.

20.1 Entire Agreement.
This TOS constitutes the entire agreement between you and Malga and governs your use of the Services as a Buyer or other non-Organizer, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Malga on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, third party software or the Services in a manner other than as governed by this TOS.

20.2 Choice of Law.
This TOS and the provision of the Services to you are governed by the laws of the Hashemite Kingdom of Jordan and UNITED ARAB EMIRATES(UAE) laws.

20.3 Arbitration.
This TOS shall be governed by and construed in accordance with the laws of the Hashemite Kingdom of Jordan for events taking place in Jordan, and in accordance with the laws of the UNITED ARAB EMIRATES(UAE) for events taking place outside the kingdom of Jordan. Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the arbitration rules of the Hashemite Kingdom of Jordan (for events inside Jordan) and in accordance with the arbitration rules of the UNITED ARAB EMIRATES(UAE) (for events outside Jordan). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Amman, Jordan, or in DIFC, UNITED ARAB EMIRATES(UAE) for events taking place outside Jordan and judgment on the arbitration award may be entered the courts of Central Amman (Palace of Justice). Subject to the foregoing arbitration provision, you and Malga agree to submit to the personal jurisdiction of the courts of Central Amman (Palace of Justice) located within Amman, Jordan. Either you or Malga may seek any interim or preliminary relief from the courts of Central Amman (Palace of Justice), necessary to protect the rights or property of you or Malga (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

20.4 Waiver; Invalid Provisions.
The failure or delay of Malga to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties'' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.

20.5 Filing of Claim.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.

20.6 Titles.
The section titles in this TOS are for convenience only and have no legal or contractual effect.

20.7 Violations.
Please report any violations of this TOS by email to info@Malga.com.

1. TERMS ACCEPTANCE.

1.1 Overview.
The following terms and conditions (this "TOS") govern all use by you as an Organizer (as defined below) of (a) the https://events.malga.com website (including allweb pages, sub-domains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by Malga Ltd. ("Malga") for your events, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by Malga. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Malga. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY Malga. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES. THIS TOS MAY ONLY BE MODIFIED (I) ON AN EVENT BY EVENT BASIS THROUGH A WRITTEN TICKETING SERVICES AGREEMENT OR WRITTEN ADDENDUM AGREEMENT TO THIS TOS, SIGNED BY YOU AND AN AUTHORIZED OFFICER OF Malga, OR (II) BY Malga AS PROVIDED IN SECTION 1.2 BELOW.

1.2 Amendment.
Malga reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

2. DESCRIPTION OF Malga.
Malga provides easy and fast means for registered users who are event organizers and planners ("Organizers" or "you") to collect payments and/or information with respect to the sale of tickets for events registered on the Site, including Ticket Sale Service Charges (as defined below) ("Event Registration Fees"),
from registered or non-registered users who want to attend such events ("Buyers"). Organizers may visit the Site, fill out a questionnaire about their event, including pricing, location, ticket inventory, etc., and collect Event Registration Fees online directly from Buyers. Payments are all transacted through, either (a)
PayPal, PayFort or other third party payment service methods (collectively, "Facilitated Payment Modes" or "FPM"); (b) PayFort; c) Cash On Delivery from a courier that will charge an additional fee to collect the payment; d) Designated Payment Points approved by Malga (On-Site Payment); or e) Cash directly to the Event Organizer. This TOS applies to you and your use of the Services as an Organizer. For the Terms of Service Agreement that applies to you and your useof the Services as a Buyer user or visitor, please see Terms of Service (Buyer).

3. YOUR USE OF THE SERVICES.

3.1 The Services.
Malga hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of creating an event page with respect to, and promoting, managing, tracking, and collecting Event Registration Fees for, an event that you have registered on the Site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services; (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling event tickets through the Site as an Organizer in accordance with this TOS); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.

3.2 Software.
If you are allowed to download or use any Software in connection with the Services, Malga hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by Malga in conjunction with the Software. For purposes of this TOS, "Software" shall mean any and all software that is available on or through the Site or otherwise provided by Malga. For clarity, the Software will be deemed a part of the "Services" hereunder.
The Software and the transmission of applicable data is subject to Jordanian and UNITED ARAB EMIRATES (UAE) laws. No Software may be downloaded or otherwise exported or re-exported in violation of the Jordanian and UNITED ARAB EMIRATES (UAE) laws. Downloading or using the Software is at your sole risk.

4. PAYMENT.

4.1 Overview.
There are five types of payment processing options Organizers may elect when using the Services: (1) "Facilitated Payment Processing" or "FPP", which consists of collecting Event Registration Fees using FPMs; (2) "Credit Card Processing" or "CCP"; (3) Cash On Delivery from a courier that will charge an additional fee to collect the payment (the additional charge will be at the expense of the Buyer); (4) Designated Payment Points approved by Malga (On-Site Payment) as indicated on the Malga Event Page under this method, if the Organizer does not approve on a designated payment point, the Organizer may request from Malga in writing before the event is added to disable such payment method and Malga shall have the right to choose whether or not to disable such payment point; and (5) Cash directly to the Event Organizer

4.2 Payment Processing.

(a) Payment Process.
All payment processing for collection of Event Registration Fees occurs directly through Malga. Malga will collect all Event Registration Fees on behalf of the Organizer from Buyers and deduct, unless otherwise stated in writing, (i) all sale service charges (which are based on the number of ticketssold and the value received for such tickets) which are further detailed at https://events.malga.com/fees.html; (ii) all credit card charges (including refunds, charge backs, and any similar or related charges) (if any); (iii) all relevant tax obligations; (iv) all courier charges (if any); (v) any other costs or expenses incurred in relation to the sale of the tickets; and (vi) any or all other expenses owed to Malga from the Organizer in accordance with this TOS. Malga will then pass the remainder along to the Organizer within ten (10) business days (unless otherwise stated in writing by Malga or unless a force majeure event occurs beyond the control of Malga that prevents Malga from providing payment within such period, such as closure of account by paypal or closure of a relevant bank) after the event Start date for the event to which the Event Registration Fees correspond (either by mailing a check or through an electronic funds transfer, depending on the option the Organizer has chosen through using the Site, to the address or account, respectively, that the Organizer accurately designates on the Site), provided that Malga reserves the right to withhold funds (i) at any time as Malga determines to be necessary for the processing and settlement of all refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, and other discrepancies and (ii) as otherwise permitted pursuant to this TOS. Malga, in its sole discretion, may determine to advance a portion of Event Registration Fees to Organizer prior to the period set forth above, on such terms and conditions as Malga may establish from time to time. Organizer agrees that all Event Registration Fees for a given event are earned by Organizer only following conclusion of the applicable event and receipt of all payments due to Malga from Buyers. For the avoidance of doubt, all Event Registration Fees ultimately due will be net of all Service Fees, refunds, disputed charges, chargebacks and other deductions, whether due to customer complaints, allegations of fraud, discrepancies related to the applicable event or otherwise. All sales, fees, charges, and funds are payable in Jordanian Dinar or AED or other foreign currencies accepted by Malga. If Organizer selects a foreign currency option accepted by Malga, Malga will collect and disperse the funds in the foreign currency selected by Organizer.
For the avoidance of doubt, Malga will not be liable to pay the Organizer any amounts if, for any reason, it has not yet received them from a Buyer or any other relevant third party.
ORGANIZER AGREES THAT ANY PAYMENT BY Malga OF EVENT REGISTRATION FEES PRIOR TO THE END OF THE TENTH (10th) BUSINESS DAY AFTER THE START DATE OF THE APPLICABLE EVENT ARE MERELY ADVANCES OF AMOUNTS THAT MAY BECOME DUE TO ORGANIZER UNDER THIS TOS AND THAT Malga MAY DEMAND SUCH ADVANCES BACK (FROM TIME TO TIME IN ITS SOLE DISCRETION), AND ORGANIZER SHALL THEREUPON PROMPTLY (AND IN ANY CASE WITHIN FIVE (5) BUSINESS DAYS AFTER SUCH DEMAND) PAY BACK TO Malga SUCH ADVANCE OR ANY PORTION THEREOF DEMANDED BY Malga.


(b) Refunding.
(i) In all cases, it is the responsibility of the Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers separately and not via the Site. An Organizer shall ensure that its refund policy is consistent with the terms of this TOS and the payment and refund mechanics of the Site. All communications or disputes regarding refunds are between the Organizer and Buyer, and Malga will not be responsible or liable for, and Organizer hereby agrees to fully indemnify Malga and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the CCP option. (ii) Notwithstanding the foregoing, you acknowledge and agree that Malga shall have the right to force a refund of any or all tickets at any time for any reason or no reason, including without limitation if Malga receives complaints from a substantial number (as determined by Malga in its sole discretion) of Buyers with respect to the applicable event or another event held by Organizer, or Malga determines in its sole discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations. Further, if one or more Buyer(s) request a refund, whether due to a cancelled event or for any other reason where Malga would reasonably expect to lose a chargeback, or in the event there was a chargeback by a bank in relation to any visa charge, Malga may, in its sole discretion, issue such refund to such Buyer(s), and Organizer shall then owe the amount of such refund to Malga.

(c) Credit Card Chargebacks.
Under the CCP option, any credit card chargebacks initiated by a Buyer for any reason with respect to an event shall be charged back to the Organizer of such event. All communications and disputes regarding chargebacks are between the Organizer and Buyer, and Malga will not be responsible or liable in any way for, and Organizer hereby agrees to fully indemnify Malga and its affiliates for, chargebacks issued in the course of the use of the CCP option.

4.3 Non-Exclusive Remedies.

(a) Payment.
In the event that Organizer fails to pay to Malga any amount owed pursuant to this TOS when due, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (a) ten percent (10%) per annum, and (b) the maximum amount permitted by applicable law. In the event any amounts are owed by Organizer to Malga under this TOS or otherwise, Malga may, without limiting its other rights and remedies, (i) deduct such amounts from Organizer?s outstanding balance, whether for that particular event or for any other event that Organizer lists through the Services; and/or (ii) send an invoice to Organizer for such amounts to the extent Organizer?s outstanding balance is insufficient to cover these costs, in which case Organizer shall pay Malga such invoiced amounts within thirty (30) days after the date of the invoice. In addition, Organizer hereby agrees and authorizes Malga to initiate an electronic funds transfer to debit the amounts owed from any of Organizer?s bank accounts to which Event Registration Fees have been sent. If payment for any amounts due to Malga hereunder are not made by Organizer when due, Malga reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Organizer?s registration for the Services (including any and all accounts that Organizer may have) and to cancel all other events listed by Organizer.

(b) Confirmation.
Upon receipt of payment from each individual ticket purchase, Malga generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by Malga through the Services, and it is your responsibility to verify the Buyer?s membership status, confirmation number and/or any event restrictions prior to the subject event.

(c) Taxes; Withholding.
You are responsible for (and will indemnify Malga and its affiliates against) all taxes associated with your sale of tickets through the Services (excepting taxes based on Malga?s income), which amounts may be withheld from payments due to you or invoiced to you. Malga reserves the right to withhold the payment of any amounts owed to you hereunder if Malga suspects or determines that such amounts have been generated in (i) a fraudulent manner, (ii) violation of this TOS, or (iii) violation of any applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by Malga).

5. YOUR REGISTRATION OBLIGATIONS.
To be a registered user of the Services as an Organizer you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Malga has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Malga has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). Malga is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any FPM service provider or other third party service provider, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.

6. ACCOUNT, PASSWORD AND SECURITY.
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify Malga of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Malga cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.

7. CONTENT.

7.1 Site Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by Malga in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Malga may own the Site Content or portions of the Site Content may be made available to Malga through arrangements with third parties. Except as expressly authorized by Malga in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of Malga. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

7.2 Your Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content") as an Organizer, you hereby grant to Malga a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any other provider of Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) does not involve gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, and (iii) complies with and abides by all applicable laws and regulations (foreign and domestic). In addition, events must be accurately and truthfully described when Organizer submits event information to the Site. If Malga determines, in its sole discretion, that Organizer misrepresented an event or otherwise does not comply with this TOS, Malga will have the right to cancel the relevant event (and all other events listed on the Site) and issue a refund to all Buyers. Malga reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or for no reason. In addition, you agree that Malga may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of Malga both on the Site and in marketing and promotional materials.

8. CONDUCT.

8.1 Certain Restrictions.
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Buyers and other users of the Services. You agree not to use the Services to:

· upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another''s privacy, hateful, or racially, ethnically or otherwise objectionable;

  • harm minors in any way;

· facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize,

· impersonate any person or entity, including, but not limited to, an Malga representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;

· forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

· upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

· upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;

· upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;

· upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by Malga;

· interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

· intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation laws and regulations (foreign or domestic) regarding the sale, resale or buying of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or

  • stalk or otherwise harass any person or entity.


8.2 Certain Remedial Rights.
You acknowledge that Malga does not pre-screen any Content provided or made available by you or any third party in connection with the Services. However, Malga and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or for no reason. You acknowledge and agree that Malga may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Malga, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge that in the event you are using Malga or any of its related services for any fraudulent, false, deceitful or dishonest intentions (including planning of false and/or fraudulent events), or in case any of the details pertaining to your planned event are fraudulent, false, deceitful or dishonest, you acknowledge that you will be subject to civil and/or criminal claims by Malga and any other relevant third party and that you will be liable to compensate Malga and any other relevant third party for any damages, expenses and costs that arise, or may arise, in connection with such action.


9. SUB-DOMAINS.
Malga may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].Malga.com). All such sub-domains are the sole property of Malga. In the event Malga provides you with a sub-domain, your right to use such sub-domain may be terminated by Malga at any time (with or without notice) for any reason or no reason.

10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with and abide by all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States, the Hashemite Kingdom of Jordan, UNITED ARAB EMIRATES (UAE) or the country in which you reside.

11. ADDITIONAL SERVICES.
Malga may, upon request, and for such fees as Malga may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site, including without limitation leasing ticket scanning and other equipment, providing consultants and staffers to assist you on the date of your event, and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of this TOS. Such additional services shall be set forth in a written Addendum Agreement to this TOS, Malga Equipment Lease Agreement, and/or other written agreement between you and an authorized officer of Malga, and shall set forth the Service Fees and the other terms and conditions relating to such additional services. As a condition to the lease of any equipment, you shall enter into a separate Malga Equipment Lease Agreement.

12. INDEMNITY.
You agree to defend, indemnify and hold Malga, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys'' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; your or any of your affiliates?, or any of your or your affiliates? officers?, directors?, agents? or employees?, use of, contribution to or connection with the Services or violation of any rights a third party; your event(s); and/or your violation of this TOS. Malga shall provide notice to you of any such Claim, provided that the failure or delay by Malga in providing such notice shall not limit your obligations hereunder. Malga reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Malga?s defense of such matter.

13. SERVICE MODIFICATIONS/SUSPENSIONS.
Malga reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or for no reason with or without notice. Malga will not be responsible to you for a refund, in whole or part, of Service Fees for any reason, except for Service Fees (excluding the portion of Service Fees paid over to FPMs and other third party service providers used by Malga in connection with providing the Services) related to refunds issued to Buyers. You agree that Malga shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

14. TERMINATION.
Malga, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due Malga, or if Malga believes that you have violated or acted inconsistently with the letter or spirit of this TOS or the applicable laws and regulations (foreign and domestic). You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Malga may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Malga shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

15. LINKS.
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because Malga has no control over such websites and resources, you acknowledge and agree that Malga is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Malga shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.

16. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Malga HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Malga MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. Malga IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND Malga WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT Malga HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS? (INCLUDING BUYERS?, OTHER NON-ORGANIZERS? AND ORGANIZERS?) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, Malga IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND Malga HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to Malga. Malga, in its sole discretion, may investigate the claim and take necessary action.

17. LIMITATION OF LIABILITY.
Malga SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Malga HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 (ONE HUNDRED UNITED STATES DOLLARS) IN THE AGGREGATE FOR ALL CLAIMS FROM A GIVEN ORGANIZER WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND Malga?S REASONABLE CONTROL. Malga SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

18. RELEASE.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE Malga, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR YOUR EVENT.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE ANY APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

19. PRIVACY.
All information provided by you or collected by Malga in connection with the Services is governed by Malga?s Privacy Policy, a copy of which is located at https://events.malga.com/info/privacy-policy.html, which is hereby incorporated by reference into this TOS. Malga strongly recommends that you review the Privacy Policy closely. In particular, Organizers should note that Malga may use information it receives or collects regarding Buyers in accordance with the terms of its Privacy Policy, which may include use for marketing or promotion of other events or services that may be of interest to such Buyers. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. Malga shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. Malga does not control and shall not be responsible for the acts of you or any other users (whether Organizers, Buyers, other non-Organizers or otherwise) of the Services.

20. NOTICE.
Notices to you may be made via either email or regular mail to the address in Malga?s records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our e-mail info@Malga.com.

21. TRADEMARK INFORMATION.
The trademarks, service marks, and logos of Malga ("Malga Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Malga. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with Malga Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Malga specific for each such use. The Trademarks may not be used to disparage Malga, any third party or Malga?s or third party?s products or services, or in any manner (in Malga?s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Malga approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Malga Trademark shall inure to Malga?s benefit.

22. GENERAL.

22.1 Entire Agreement.
This TOS constitutes the entire agreement between you and Malga and governs your use of the Services as an Organizer, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Malga on the subject matter hereof, other than any written Ticketing Services Agreement, Malga Equipment Lease Agreement or Addendum Agreement between you and an authorized officer of Malga relating to a specified event or events. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software or the Services in a manner other than as governed by this TOS.

22.2 Choice of Law.
This TOS and the provision of the Services to you are construed and governed by the laws of the Hashemite Kingdom of Jordan and UNITED ARAB EMIRATES (UAE) laws.

22.3 Arbitration.
This TOS shall be governed by and construed in accordance with the laws of the Hashemite Kingdom of Jordan and UNITED ARAB EMIRATES (UAE). Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the arbitration rules of the Hashemite Kingdom of Jordan for events taking place in Jordan, and UNITED ARAB EMIRATES (UAE) for events taking place in UNITED ARAB EMIRATES (UAE). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Amman, Jordan, or in Dubai, UNITED ARAB EMIRATES (UAE) (for events taking place outside Jordan) and judgment on the arbitration award may be entered in the courts of Central Amman (Palace of Justice). Subject to the foregoing arbitration provision, you and Malga agree to submit to the personal jurisdiction of the courts of Central Amman (Palace of Justice) located within Amman, Jordan. Either you or Malga may seek any interim or preliminary relief from the courts of Central Amman (Palace of Justice) necessary to protect the rights or property of you or Malga (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

22.4 Waiver; Invalid Provisions.
No delay or failure by either party to exercise any of its powers, rights or remedies under this TOS will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing. If any provision of this TOS is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of the agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.

22.5 Filing of Claim.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.

22.6 Titles.
The section titles in this TOS are for convenience only and have no legal or contractual effect.

22.7 Violations.
Please report any violations of this TOS by email to legal@MalgaMalga.com.