Terms & Conditions of Service
The following agreement (“this Agreement”) describes the
terms and conditions on which Al-Furqan Islamic Heritage Foundation offers you
access and use of material found on this website (“the Service”). This offer is
conditional on your agreement to all the terms and conditions contained in this
Agreement, including your compliance with policies, guidelines and terms linked
by way of URLs in this Agreement (“Terms & Conditions of Service”).
By using the Service or by exercising any rights provided to parts of it, you
accept and agree to be bound by the Terms and Conditions of Service”. Al-Furqan
Islamic Heritage Foundation only grants you the rights contained in this
Agreement in consideration of your acceptance of the Terms and Conditions of
If you do not agree to the Terms and Conditions of Service you should not use
the Service and therefore decline this Agreement, in which case you are
prohibited from accessing and/or using the Service. Al-Furqan Islamic Heritage
Foundation may amend this Agreement at any time at its sole discretion,
effective upon posting the amended agreement on http://alfurqan.com/. No variation or counter offer of this Agreement will be
accepted by Al-Furqan Islamic Heritage Foundation.
1. The Service
1.1 Al-Furqan Foundation was established
initially with the aim to document and preserve the Islamic written heritage,
principally through its work in surveying, imaging, and cataloguing, editing,
studying and publishing Islamic manuscripts. But, with time, its scope of
activity has expanded, and it has become an umbrella Foundation, consisting of
- The Manuscripts Centre that deals with studying the
Islamic written heritage.
- The Maqasid Centre that focuses on the study of maqasid (the
philosophy of the Islamic law).
- The Makkah and Madinah Centre that compiles the Encyclopaedia of
the two holy cities (Makkah and Madinah), acknowledging their scientific
and cultural role throughout the history.
1.2 You acknowledge that Al-Furqan Islamic Heritage
Foundation is a service provider that may allow people to interact online
regarding topics and content chosen by users of the Service, and that users can
alter the Service environment on a real time basis.
1.3 You acknowledge that: (1) by using the Service you may have access to
graphics, sound effects, music, video, audio, computer programmes, animations,
text and other creative output (“Content”); and (2) Content may be provided by Al-Furqan
Islamic Heritage Foundation or by others such as the users of the Service
1.4 You acknowledge that Al-Furqan Islamic Heritage Foundation and other Content Providers have rights in their respective Content under copyright and other applicable laws including the Database Right, and that except as described in this Agreement that such rights are not transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from Al-Furqan Islamic Heritage Foundation. You acknowledge that this Agreement does not assign or transfer ownership, title or interest of the Intellectual Property rights in the Service to you.
2. Licences and IPR
2.1 Subject to the terms of this Agreement, Al-Furqan Islamic Heritage Foundation hereby grants you a non-exclusive, royalty free and irrevocable licence to access and use the Service and use the content in the Service in accordance with the Terms and Conditions of Service for as long as you are in compliance with such Terms & Conditions of Service.
2.2 Content owned or licensed to Al-Furqan Islamic Heritage Foundation as part of the Service can be accessed by any user of the Service in order to search, retrieve, view, display and use the Content under the terms of a Creative Commons Attribution Non Commercial Share Alike Licence [CC BY NC SA] licence (http://creativecommons.org/licenses/by-nc-sa/3.0/), unless otherwise stated.
2.3 Users of the Service can create Content in the Service in various forms. Al-Furqan
Islamic Heritage Foundation acknowledges and agrees that, subject to the Terms
and Conditions of Service, you will retain any and all applicable copyright and
any other intellectual property rights with respect to any Content you create
using the Service, to the extent that you have such rights under applicable
2.4 Notwithstanding the foregoing, you understand and agree that by submitting
your Content to any area of the Service, you automatically grant (and you
represent and warrant that you have the right to grant) to Al-Furqan Islamic
Heritage Foundation: a non-exclusive, royalty free,world-wide,perpetual licence to use, reproduce, adapt and communicate your Content and a right to sub-license such use under these terms.
2.5 You warrant to use all best efforts to ensure that your Content does not infringe any Intellectual Property rights of a third party.
2.6 You agree that even though you may retain certain copyright or other intellectual property rights with respect of the Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data Al-Furqan Islamic Heritage Foundation stores on Al-Furqan Islamic Heritage Foundation servers submitted by others. Your intellectual property rights do not confer ownership of others' data stored by or on behalf of Al-Furqan Islamic Heritage Foundation.
3. Community Guidelines and Policies
3.1 You agree to read and comply with the Community
Guidelines and Policies as posted on our website.
addition to abiding at all times to the Community Guidelines and Policies, you
agree that you shall not: (a) take any action of upload post, e-mail or
otherwise transmit Content that infringes or violates any third party rights;
(b) impersonate any person or entity without their consent, including but not
limited to a Al-Furqan Islamic Heritage Foundation employee, or falsely state
or otherwise misrepresent your affiliation with a person or an entity; (c)
upload, e-mail or otherwise transmit Content that violates any United Kingdom
law or regulation; (d) upload, e-mail or otherwise transmit Content
determined by Al-Furqan Islamic Heritage Foundation in its reasonable
opinion to be libelous. You agree that Al-Furqan Islamic Heritage
Foundation may take whatever steps it deems necessary to abridge,
or delete material on the Service in its sole discretion, without notice
4. Releases, Disclaimers of Warranties, Limitation of Liability and
4.1 As a condition of access to the Service, you release Al-Furqan
Islamic Heritage Foundation from claims, demands, damages of every kind and
nature, known and unknown, suspected or unsuspected, disclosed or undisclosed,
arising out of or in any way connected with any dispute you have or claim to
have with one or more users of the Service. You further understand and agree
that Al-Furqan Islamic Heritage Foundation will have the rights but not the
obligation to resolve disputes between users relating to the Service.
4.2 Any Content, or other data residing on Al-Furqan Islamic Heritage
Foundation’s servers or the Service may be deleted, altered, moved or transferred
at any time for any reason at Al-Furqan Islamic Heritage Foundation sole
discretion without notice and without liability to you or any third party.
4.3 Al-Furqan Islamic Heritage Foundation provides the Service and Content
strictly on an “as is” basis and use of the Service and/or Content is at your
own risk. Al-Furqan Islamic Heritage Foundation hereby expressly disclaims all
warranties or conditions of any kind to the extent permitted by law, including
without limitation any merchantability or fitness for a particular purpose. To
the extent permitted by law, Al-Furqan Islamic Heritage Foundation accepts no
liability for loss suffered or incurred by the user or any third party as a
result of their reliance on the Service and/or Content.
4.4 To the extent permitted by law, in no circumstances will Al-Furqan Islamic
Heritage Foundation be liable to you or you liable to Al-Furqan
Islamic Heritage Foundation for any loss resulting from a cause over which
Al-Furqan Islamic Heritage Foundation or you do not have direct control,
including but not limited to failure of electronic or mechanical equipment or
communication lines, telephone or other interconnect problems.
4.5 In no event shall Al-Furqan Islamic Heritage Foundation be
liable to you or to any third party for any special, incidental, consequential,
punitive or exemplary damages, including without limitation any damages for
loss of profits arising (whether in contract, tort or otherwise) out or in
connection with the Service and or Content. In addition, in no event will Al-Furqan
Islamic Heritage Foundation’s cumulative liability to you for direct damages of
4.6 You agree to defend, indemnify and hold harmless Al-Furqan Islamic Heritage
Foundation and users of the Service and Content from all damages, liabilities,
claims and expenses, including without limitation reasonable legal fees and
costs, arising from any breach of this Agreement by you, or from your use of
the Service. You agree to defend, indemnify and hold harmless Al-Furqan Islamic
Heritage Foundation from all damages, liabilities, claims and expenses,
including without limitation reasonable legal fees and costs, arising from any
claims by third parties that your activity or Content in the Service infringes
upon or violates any of their intellectual property or proprietary rights.
You acknowledge and agree that Al-Furqan Islamic Heritage Foundation, in its
sole discretion, may track record, observe or follow any and all of your
interactions within the Service. Al-Furqan Islamic Heritage Foundation may
share general, demographic or aggregated information with third parties about Al-Furqan
Islamic Heritage Foundation’s user base and Service usage, but that information
will not be included or be linked to any personal information without consent. Al-Furqan
Islamic Heritage Foundation agrees that when exercising these rights, it shall
abide by the Data Protection Act, 1998 at all times.
6. Governing Law and Dispute Resolution
6.1 This Agreement and the relationship between you and Al-Furqan
Islamic Heritage Foundation shall be governed by and construed in accordance
with English law. You and Al-Furqan Islamic Heritage Foundation agree that any
dispute arising out of or in connection with this Agreement will be subject to
and within the jurisdiction of the English courts.
6.2 You and Al-Furqan Islamic Heritage Foundation agree to use best efforts to
resolve disputes in an informal manner. Where you and Al-Furqan Islamic
Heritage Foundation agree that a dispute arising out of or in connection with
this Agreement would best be resolved by the decision of an expert, you and Al-Furqan
Islamic Heritage Foundation will agree upon the nature of the expert required
and together appoint a suitable expert by agreement.
6.3 Any person to whom a reference is made under Clause 6.2 shall act as expert
and not as an arbitrator and his decision (which shall be given by him in
writing and shall state the reasons for his decision) shall be final and
binding on the parties except in the case of manifest error or fraud.
6.4 You and Al-Furqan Islamic Heritage Foundation shall provide the expert with
such information and documentation as he may reasonably require for the
purposes of his decision.
6.5 The costs of the expert shall be borne by you and Al-Furqan Islamic
Heritage Foundation in such proportions as the expert may determine to be fair
and reasonable in all circumstances or, if no determination is made by the
expert, by you and Al-Furqan Islamic Heritage Foundation in equal proportions.
7. General Provisions
7.1 This Agreement constitute the entire understanding
and agreement between you and Al-Furqan Islamic Heritage Foundation with
respect of the subject matter hereof.
7.2 The invalidity or unenforceability of any provision of this Agreement shall
not affect the continuation in force of the remainder of this Agreement.
7.3 The rights granted to you or Al-Furqan Islamic Heritage Foundation arising
under this Agreement shall not be waived except in writing. Any waiver of any
of your or Al-Furqan Islamic Heritage Foundation’s rights under this Agreement
or of any breach of this Agreement by you or Al-Furqan Islamic Heritage
Foundation shall not be construed as a waiver of any other rights or of any
other or further breach. Failure by you or Al-Furqan Islamic Heritage
Foundation to exercise or enforce any rights conferred upon it by this
Agreement shall not be deemed to be a waiver of any such rights or operate so
as to bar the exercise or enforcement thereof at any subsequent time or times.
7.4 The section headings contained in this Agreement are for convenient
purposes only and shall not affect the interpretation of this Agreement.
7.5 Where the context so implies, words importing the singular number shall
include the plural and vice versa and words importing the masculine shall
include the feminine and vice versa.
7.6 All or any of Al-Furqan Islamic Heritage Foundation’s rights and
obligations under this Agreement may be assigned to a subsequent owner or operator
of the Service in a merger, acquisition or sale of all or substantially all of Al-Furqan
Islamic Heritage Foundation’s assets.