The following terms of service (these “Terms of Service”), govern your access to and use of the Nafae website and mobile application, including any content, functionality and services offered on or through www.nafae.app or the Nafae mobile application (the “Site”) by AFNAM Information Technology (7932 Prince Faisal Bin Bandar Bin Abdulaziz, Al Narjis Dist. 13328 – 2934, Riyadh, KSA). AFNAM Information Technology and its subsidiaries are collectively referred hereto as “Nafae” “we” or “us” and “you” or “user” means you as a user of the Site.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, Nafae Payment Terms, found here (“Payment Terms”), and our Privacy Policy, found here, each of which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Nafae services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

The original language of these Terms of Service, as well as all other texts throughout the Site, is Arabic. Nafae makes available this translation for convenience only. In case of conflicts between the original Arabic version and any translation, the Arabic version shall prevail.

Key Terms

Buyers are users who purchase services on Nafae.

Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.

Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.

Gig® Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.

Gig® Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price.​

Gig® Page is where the Seller can describe their Gig and the Gig’s terms, and the Buyer can purchase the Gig and create an order.

Gig® / Gigs® are services offered on Nafae.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Gig.

Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Gig Page.

Sellers are users who offer and perform services through Gigs on Nafae. Sellers can be individual or Business.

Overview (Main terms, in a nutshell)

• Only registered users may buy and sell on Nafae. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
• Gigs on Nafae may be offered at a base determined by the Seller.
• Buyers pay Nafae in or without advance to create an order (see Payment Terms).
• Orders are purchased through the Order button found on a Seller’s Gig page or through a Custom Offer.
• For fees and payments please read the Payment Terms
• Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
• Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits.
• Users may not offer or accept payments using any method other than placing an order through nafae.app.
• When purchasing a Gig, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Gig page.
• Nafae retains the right to use all published delivered works for Nafae marketing and promotion purposes.
• We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

SELLERS

Basics

• Sellers create Gigs on Nafae to allow Buyers to purchase their services.
• Sellers may also offer Custom Offers to Buyers in addition to their Gigs.
• Each Gig you sell and successfully complete, accredits your account or wallet with a revenue equal to 80% of the purchase amount (TAX/VAT exclusive).
• Nafae accredits Sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
• For more information about receiving payments, fees and taxes see the Payment Terms.
• Sellers may not promote their Gigs or any Nafae content via the Google Ads platform.
• The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain more orders. In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
• For security concerns, Nafae may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Nafae accounts to a single withdrawal provider.
• Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Gigs®

• Sellers are allowed to select an amount of Gigs.
• Gigs created on Nafae are User Generated Content.
• Gigs and/or users may be removed by Nafae from the Site for violations of these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
  • Illegal or Fraudulent services
  • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
  • Adult oriented services, Pornographic, Inappropriate/Obscene
  • Intentional copies of Gigs
  • Spam, nonsense, or violent or deceptive Gigs
  • Gigs misleading to Buyers or others
  • Reselling of regulated goods
  • Offering to prepare academic works on behalf of Buyers
  • Exceedingly low-quality Gigs
  • Promoting Nafae and/or Nafae Gigs through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
• Gigs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
• Gigs that are removed for violations are not eligible to be restored or edited.
• Gigs may be removed from our Search feature due to poor performance and/or user misconduct.
• Gigs may include pre-approved website URLs contained within the Gig description and requirements box. Gigs containing websites promoting content, which violates Nafae’s Terms of Service, will be removed.
• In case Nafae requires to upload an image for Gigs, the image must be an appropriate image related to the service offered. Sellers must deliver the same quality of service as shown on their Gig images. Recurring deliveries that don’t match the quality shown on the Gig images may lead to the Seller’s account becoming permanently disabled.
• Statements on the Gig Page that undermine or circumvent these Terms of Service are prohibited.
• Eligible Gigs in select Categories may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig.

Gig® Extras

• Gig Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.
• Gig Extras may be removed for violations of our Terms of Service. For specific terms, please see the Gigs section above for a list of services that violate our Terms of Service. Gigs are subject to be removed due to violations found in Gig Extras.
• Services offered through Gig Extras must be related to the base service and part of the deliverables on the Order.
• Gig Extras may cover different categories of services that are components to a higher quality delivered service.
• Sellers have the option to extend the duration of an Order for each Gig Extra that is added to the Order. This is to cover the time needed to complete the extra service.

Levels

Nafae is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. If sellers deliver on time and maintain high quality and ratings, Nafae may reward them with new statuses, special opportunities, benefits, and tools that come with it.

• Nafae Sellers can gain more orders based on their activity, performance and reputation.
• Sellers who cannot maintain their high-quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level.
• Advanced levels provide their owners with additional benefits.

Top Rated Sellers

• Top Rated Sellers are chosen manually by Nafae editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care and high order completion rate. Top Rated Sellers gain priority to gain more orders.
• Top Rated eligibility is constantly evaluated by Nafae to ensure that the quality standards and expectations of the Top Rated selection is kept. Nafae retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Top Rated status and the benefits that come with it.

Seller Features

Nafae Sellers may have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

• Sellers can also send Custom Offers addressing specific requirements of a Buyer.
• Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
• Custom Offers can be discussed through the built-in chat and are sent from the offer page.
• Services provided through Custom Offers may not violate Nafae’s Terms of Service.

Shipping Physical Deliverables

Some of the services on Nafae are delivered physically (arts and crafts, collectable items, etc.). For these types of Gigs, Sellers may decide to define a shipping pricing factor.

• Gigs that include a shipping pricing factor must have physical deliverables sent to Buyers.
• Shipping costs added to a Gig only pertains to the cost Sellers require to ship physical items to Buyers.
• Important: Buyers who purchase Gigs that require physical delivery, will be asked to provide a shipping address.
• Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
• Nafae does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
• A tracking number is a great way to avoid disputes related to shipping. We require sharing the tracking number if available in the built-in chat when delivering your work.

BUYERS

Basics

• You may not offer direct payments to Sellers using payment systems outside of the Nafae platform.
• Nafae retains the right to use all publicly published delivered works for Nafae marketing and promotional purposes.
• Buyers may request a specific service from the Send a Service Request feature. Services requested on Nafae must be an allowed service on Nafae. Please click here for guidelines on approved services. Users should refrain from using the Send a Service Request feature for any purpose other than looking for services on Nafae.

Purchasing

• Please refer to the Payment Terms for making Payments through the Nafae platform and to learn about fees and taxes.
• In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site or the application.
• You may not offer Sellers to pay, or make payment using any method other than through the Nafae site or application. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

ORDERS

Basics

• Once Gig is requested, your order will be created and given a unique Nafae job ID.
• The Complete Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Complete Work” button when an Order is not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller.
• An Order is marked as Complete after it is marked as Completed by a Seller and then accepted by a Buyer. An Order will be automatically marked as Complete if a Buyer neither accepts nor rejects the completion confirmation request submitted within a specified period of time after the Order is marked as Completed.
• We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the built-in chat or if you encounter non-permitted usage on the Site, users can contact Nafae’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

Handling Orders

• When a Buyer orders a Gig, the Seller is notified by notifications on the application while logged into the account.
• Sellers are required to meet the delivery time they specified for their Gigs. Failing to do so will allow the Buyer to submit an issue to the admin and may harm the Seller’s status.
• Sellers must mark the gig as Completed using the Completed button (located on the Order page).
• Users are responsible for scanning all transferred files for viruses and malware. Nafae will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

Reviews

• Feedback reviews provided by Buyers while completing an Order are an essential part of Nafae’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
• Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service.
• To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Nafae platform from users within our application. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Nafae platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
• Feedback comments given by Buyers are publicly displayed on a Seller’s page.
• Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited.
• Users are allowed to leave reviews on Orders directly after an Order is marked as complete. No new reviews may be added to an Order after that.
• Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the built-in chat or if you encounter non-permitted usage on the Site, users can contact Nafae’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

User Conduct and Protection

Nafae enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Nafae reflect the diversity of an expanding Gig economy. Members of the Nafae community communicate and engage through orders.

Nafae maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Nafae. This section relates to the expected conduct users should adhere to while interacting with each other on Nafae.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

Basics

• To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Nafae in order to circumvent or abuse the Nafae messaging system or Nafae platform is not permitted.
• Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
• Nafae does not provide any guarantee of the level of service offered to Buyers. You may use the “Report an Issue” tool provided to you in the Order Page.
• Nafae does not provide protection for users who interact outside of the Nafae platform.
• All information and file exchanges must be performed exclusively on Nafae’s platform.
• Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
• Nafae is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation or otherwise is not acceptable and may result in the suspension/removal of your account.
• Users may not submit proposals or solicit parties introduced through Nafae to contract, engage with, or pay outside of Nafae.

Orders

• Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
• Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

Gigs

• Users may report Gigs to Customer Support that may be in violation of Nafae’s Terms of Service based on the reported Gig’s replicated similarity to pre-existing services (copycat Gigs).
• Sellers warrant that any content included in their Gigs shall be original work conceived by the Sellers and shall not infringe any third-party rights, including, without limitation, copyrights, trademarks or service marks.
• Nafae will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address or will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – Nafae does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on Nafae should be friendly, constructive, and professional. Nafae condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals and a system to rate orders.

Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Gigs or orders.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate out of Nafae will not be protected by our Terms of Service.

Authentic Nafae Profile – You may not create a false identity on Nafae, misrepresent your identity, create a Nafae profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Nafae reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims – Nafae will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use – You may not use Nafae for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active Nafae account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Nafae community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Nafae’s Terms of Service is a cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Nafae. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Nafae accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by Nafae and protected by copyright and trademark law. Nafae® is registered trademark owned exclusively by AFNAM Information Technology. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Feedback Rights

To the extent that you provide Nafae with any comments, suggestions or other feedback regarding the Nafae platform or the Site as a whole, as well as other Nafae products or services (collective, the “Feedback”), you will be deemed to have granted Nafae an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Nafae is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (iv) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

• Nafae reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
• Violation of Nafae’s Terms of Service may get your account disabled permanently.
• Users with disabled accounts will not be able to sell or buy on Nafae.
• Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
• Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
• Disputes should be handled using Nafae’s dispute resolution tools (‘Report an Issue’ on the order page) or by contacting Nafae Customer Support.
• Nafae may make changes to its Terms of Service from time to time. When these changes are made, Nafae will make a new copy of the terms of service available on this page.
• You understand and agree that if you use Nafae after the date on which the Terms of Service have changed, Nafae will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Nafae by our users (Buyers and Sellers) is User Generated Content. Nafae does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Nafae platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Nafae is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Top Rated Sellers, offer Promoted Gigs or otherwise). We provide no warranty with respect to the Gigs, their delivery and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Nafae. Sellers advertising online their Gig must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig, as applicable, and may lead to the suspension of Seller’s account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: When purchasing a Gig on Nafae, unless clearly stated otherwise on the Seller’s Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Gig, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Nafae, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Nafae for no consideration for marketing and/or other purposes.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NAFAE NOR ANY PERSON ASSOCIATED WITH NAFAE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL NAFAE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Nafae, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.