Terms
Terms
Terms
By using our Services, you represent and warrant that:
You are 18 years of age or older
You are not a registered sex offender
You have not previously been removed from our services, unless you have permission in writing from Nikkah Noir to create a new account
You are not prohibited by law from using our services
You are seeking a long-term, serious relationship.
If at any time you do not meet these requirements, you must cease to have an account with us, and we reserve the right to remove your access to our services without notice.
You agree to:
Comply with these Terms, and check this page from time to time to ensure you are aware of any changes
Comply with all applicable laws, including but not limited to: privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements
Use the latest version of the website and/or app
Treat others with respect, both on and off our services
Be respectful when communicating with our customer service representatives
Present yourself respectfully and authentically by adding at least one photo that shows who you are
You agree that you will not:
Misrepresent your identity, age, or mislead others with what you share on our website or app
Before you use our service, you will need to register for an account (“Account”). In order to create an account you must; be at least 18 years old, and be legally permitted to use the service by the laws of your home country or state. You can create an account via manual registration. For more information about what information we use and how we use it, check out our Privacy Policy.
Unfortunately, we cannot allow you to use another person’s account without permission. If you feel the need to leave Nikkah Noir, you can delete your account at any time by going to ‘Settings’, then ‘Account ’, then ‘Delete Account’. Once an account is deleted it is usually done instantaneously, but it can take up to 24 hours. It may take a little while for your content (defined below) to be completely removed from our service. We reserve the right at our sole discretion to terminate or suspend any account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. You may not access, tamper with, or use non-public areas of the service or our systems. Certain portions of the service may not be accessible if you have not registered for an account.
Types of Content
There are three types of content that you will be able to access on the service: content that you upload and provide (“Your Content”); content that members provide (“Member Content”); and content that the Nikkah Noir provides (“Our Content”). There is certain content we cannot allow on Nikkah Noir. We want our users to be able to express themselves as much as possible whilst using our service, but we have to impose restrictions on certain content. This includes, but is not limited to:
Content that contains language or imagery which could reasonably be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person; is obscene, pornographic or involving another person, violent or otherwise may offend human dignity; is abusive, insulting or threatening, discriminatory, or which promotes or encourages racism, sexism, hatred or bigotry; encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence; is defamatory or libellous; relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or telephone numbers; involves the transmission of “junk” mail or “spam”; contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of, or disrupt any software or hardware, telecommunications, networks, servers or other equipment designed to damage, interfere, wrongly intercept or expropriate any data or personal information whether from Nikkah Noir or otherwise; itself, or the posting of which, infringes any third party’s rights (including without limitation, intellectual property rights and privacy rights); shows another person which was created or distributed without that person’s consent.
Nikkah Noir has a zero-tolerance policy for this kind of content.
Your Content
As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release and hold us harmless from any and all claims made in connection with Your Content. You may not display or distribute any personal contact or banking information on your individual account whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card numbers or other banking details). If you do choose to reveal any information about yourself to other users, whether through the Mobile web app or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details online as you would under any other circumstances. As NIkkah Noir is a public platform, Your Content will be instantly visible to other global users - so ensure you are comfortable sharing Your Content before you make it publicly available. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the service (e.g. individuals who receive a link to a user’s profile or shared content from other Nikkah Noir Users). By uploading Your Content on Nikkah Npir, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you. We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.
Member Content
Other members of Nikkah Noir will also share content via the service. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the service at the direction of the user providing the Member Content. You do not have any rights in relation to other users' Member Content, and you may only use other users' personal information to the extent that your use of it matches our purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information.
Our Content
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Nikkah Noir are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All rights, titles and interest in and to Our Content remains with us at all times. We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, under the following conditions: you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the service; you shall not use our name in metatags, keywords and/or hidden text; you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and you shall use Our Content for lawful purposes only. We reserve all other rights.
Restrictions on our Service
When you join Nikkah Noir, you agree to: comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements; use your real name on your profile; use the services in a professional manner. You agree that you will not: act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory; misrepresent your identity, your current or previous positions, qualifications or affiliations with a person or entity; disclose information that you do not have the consent to disclose; create or operate a pyramid scheme, fraud or other similar practices, bully, “stalk,” intimidate, assault, harass, mistreat or defame any person, post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence, post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission. We don't allow misconduct or misbehaving in the Nikkah Noir community – users should respect other users at all times. Therefore, you can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile by clicking the 'Report User' link. To block an abusive user through the Nikkah Noir app you can also click the ‘Block User' link on their profile and they will no longer be able to contact you. If we feel on balance that your uploaded photos do not adequately resemble your verification photo, Nikkah Noir may ask you to upload a new photo that better reflects your verification photo. If you fail to respond or upload a new photo following the criteria within 48 hours, Nikkah Noir reserves the right to terminate your account. Users are not permitted to screenshot within the app. If a user is found to use the screenshot function on their phone, or is found to be screen recording in any other capacity, Nikkah Noir reserves the right to terminate that user’s account. Nikkah Noir does not allow its users to upload photos that contain nudity to their profiles, or use a name that could be understood as NSFW or does not use a name that reflects a real name. If you attempt to do so, Nikkah Noir reserves the right to terminate your account after a warning and subsequent second attempt at breaking this term. Nikkah Noir also prohibits scraping or replicating any part of the service without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us. If your account is terminated by Nikkah Noir due to a violation of any of these policies, you forfeit your right to any refunds from in-app purchases.
Privacy
For more information about how the Nikkah Noir collects, uses and shares your personal data please check out our Privacy Policy - this is important to read. By using Nikkah Noir, you agree that we can use such data in accordance with our Privacy Policy
Third Party Stores; Premium Service; In-App Purchases
The App may be dependent on and/or interoperate with third-party owned and/or operated platforms and services. E.g. Apple (iTunes, etc.), Google, Facebook, Twitter etc. (Each, a “Third Party Platform”) and may require that you be a registered user of such Third Party Platforms and provide certain account credentials and other information in order to access the app. By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.).We may make certain products and/or services available to users of the App in consideration of a subscription fee or other fees (“Premium Services”), including the ability to purchase products, services and enhancements. If you choose to use Premium Services or purchase In-App Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premium Services and In-App Products, and such additional terms are incorporated herein by reference. You may purchase Premium Services and In-App Products through the following payment methods (each, a “Premium Payment Method”): (a) making a purchase through the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorised by us (each, a “Third Party Store”), (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third party processor, or (c) adding charges to your mobile carrier bill and remitting payment directly to your carrier. Once you have requested a Premium Service or In-App Product, you authorise us to charge your chosen Premium Payment Method and your payment is non-refundable. If payment is not received by us from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us. If you want to cancel or change your Premium Payment Method at any time, you can do so either via sending a request to hello@NikkahNoir.com or by contacting your mobile service provider. If your chosen Premium Payment Method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to the Nikkah Noir are made as well as how such payments may be changed or cancelled. Your subscription to the Nikkah Noir ’s Premium Services will automatically renew until you decide to cancel in accordance with such terms. Note that if you are removed as a user following a breach of any of these Terms, you shall not receive a refund of any payments made under your subscription, including but not limited to any payments made with regards Nikkah Noir’s Premium Services. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other websites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. If you choose to purchase an In-App Product, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Apple, etc.) (“your Mobile Platform Account''), and your Mobile Platform Account will be charged for the Premium Service and/or In-App Product in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-app purchases made through your Mobile Platform Account (e.g., Android, Apple, etc.). Premium Services and In-App Products may include one-time purchases as well as monthly subscriptions (e.g., a one-month subscription, three-month subscription, six-month subscription, etc.) to additional account features. At the end of the free trial period (if any), you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. Please note that for Premium Services and In-App Products bought on a subscription basis, your subscription will automatically renew for the same subscription period as you initially purchased (e.g., if you bought an In-App Product on a six-month subscription, your subscription will be automatically renewed for an additional six-months). To avoid any charges for additional periods, you must cancel before the end of the free trial period, subscription period or renewal, as applicable, in accordance with the terms and conditions of your Mobile Platform Account and the terms and conditions of any applicable Third Party Store. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to your age group. Please note that for Premium Services and In-App Products you will be billed continuously for the subscription or service until you cancel in accordance with your Mobile Platform Account’s or your Premium Payment Method’s terms. In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through your Mobile Platform Account or Third Party Stores. Further, the Nikkah Noir does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services (including Premium Services or In-App Products) do not imply our or any of our affiliates' endorsement of such products or services. Moreover, the Nikkah Noir and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if we terminate your use of or registration to the App because you have breached any of these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We encourage you to review the terms and conditions of the applicable third party payment processors, Third Party Store or Mobile Platform Account before you make any In-App Products or Premium Service purchases.
Push Notifications; Location Based Features
We may provide you with emails, push notifications, alerts and other messages related to the service, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc. you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at hello@Nikkah Noir.com. The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorise the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.
Disclaimer
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS.Nikkah Noir IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. Nikkah Noir DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME AREAS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED POUNDS (£100).THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
Indemnity
All the actions you make and information you post on Nikkah Noir remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: any negligent acts, omissions or wilful misconduct by you; your access to and use of the App; the uploading or submission of Content to the App by you; any breach of these Terms by you; and/or your violation of any law or of any rights of any third party. We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defence of any relevant claim.
Copyright Infringement
The Nikkah Noir has adopted the following policy towards copyright infringement in accordance. If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement including the following: A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and A statement that, under penalty of perjury, the information in the notification is accurate and you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed. Any such takedown notices should be sent to: hello@Nikkah Noir.com
Third Party App Store
The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that: These Terms are concluded solely between you and the Nikkah Noir and not with the providers of the Third Party Store, and the Nikkah Noir (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting terms of the Third Party Store will take precedence and will apply. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. The Nikkah Noir is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Nikkah Noir . The Nikkah Noir , not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims. The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Miscellaneous
These Terms, which we may amend from time to time, constitute the entire agreement between you and the Nikkah Noir . The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation. Nikkah Noir LTD has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Nikkah Noir and provides that information on an "as is", "as available" basis. Nikkah Noir LTD does not give or make any warranty or representation of any kind about the information contained on Nikkah Noir, whether express or implied. Use of Nikkah Noir and the materials available on it is at your sole risk. Nikkah Noir cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Nikkah Noir is free of viruses or other harmful components. You accept that Nikkah Noir will not be provided uninterrupted or error free, that defects may not be corrected or that The Nikkah Noir , or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. The Nikkah Noir is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
We May Need to Change our Terms From Time to Time
Nikkah Noir reserves the right to modify, amend or change the Terms at any time (a "Change"). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible. Your continued use of Nikkah Noir following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Nikkah Noir immediately.
Some more legal stuff
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable. No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege. By using our service, you agree and acknowledge that Nikkah Noir is a global service operating through servers located in a number of countries around the world, including the United Kingdom. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Nikkah Noir, you agree to the transfer of your personal information to, and storage and processing of your personal information in any such countries and destinations. Our service may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
About Us
Your access to our service, Our Content, and any Member Content, as well as these Terms are governed and interpreted by the laws of England and Wales other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the laws of England and Wales. By using the service, you are consenting to the exclusive jurisdiction of the courts of England and Wales. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail. The Terms constitute a binding legal agreement between you as user (“you”) and the Nikkah Noir (“we” or “us”). The Nikkah Noir includes, but is not limited to, Nikkah Noir LTD (an English company whose registered office is at, 7 Bell Yard London WC2A 2JR
By using our Services, you represent and warrant that:
You are 18 years of age or older
You are not a registered sex offender
You have not previously been removed from our services, unless you have permission in writing from Nikkah Noir to create a new account
You are not prohibited by law from using our services
You are seeking a long-term, serious relationship.
If at any time you do not meet these requirements, you must cease to have an account with us, and we reserve the right to remove your access to our services without notice.
You agree to:
Comply with these Terms, and check this page from time to time to ensure you are aware of any changes
Comply with all applicable laws, including but not limited to: privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements
Use the latest version of the website and/or app
Treat others with respect, both on and off our services
Be respectful when communicating with our customer service representatives
Present yourself respectfully and authentically by adding at least one photo that shows who you are
You agree that you will not:
Misrepresent your identity, age, or mislead others with what you share on our website or app
Before you use our service, you will need to register for an account (“Account”). In order to create an account you must; be at least 18 years old, and be legally permitted to use the service by the laws of your home country or state. You can create an account via manual registration. For more information about what information we use and how we use it, check out our Privacy Policy.
Unfortunately, we cannot allow you to use another person’s account without permission. If you feel the need to leave Nikkah Noir, you can delete your account at any time by going to ‘Settings’, then ‘Account ’, then ‘Delete Account’. Once an account is deleted it is usually done instantaneously, but it can take up to 24 hours. It may take a little while for your content (defined below) to be completely removed from our service. We reserve the right at our sole discretion to terminate or suspend any account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. You may not access, tamper with, or use non-public areas of the service or our systems. Certain portions of the service may not be accessible if you have not registered for an account.
Types of Content
There are three types of content that you will be able to access on the service: content that you upload and provide (“Your Content”); content that members provide (“Member Content”); and content that the Nikkah Noir provides (“Our Content”). There is certain content we cannot allow on Nikkah Noir. We want our users to be able to express themselves as much as possible whilst using our service, but we have to impose restrictions on certain content. This includes, but is not limited to:
Content that contains language or imagery which could reasonably be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person; is obscene, pornographic or involving another person, violent or otherwise may offend human dignity; is abusive, insulting or threatening, discriminatory, or which promotes or encourages racism, sexism, hatred or bigotry; encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence; is defamatory or libellous; relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or telephone numbers; involves the transmission of “junk” mail or “spam”; contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of, or disrupt any software or hardware, telecommunications, networks, servers or other equipment designed to damage, interfere, wrongly intercept or expropriate any data or personal information whether from Nikkah Noir or otherwise; itself, or the posting of which, infringes any third party’s rights (including without limitation, intellectual property rights and privacy rights); shows another person which was created or distributed without that person’s consent.
Nikkah Noir has a zero-tolerance policy for this kind of content.
Your Content
As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release and hold us harmless from any and all claims made in connection with Your Content. You may not display or distribute any personal contact or banking information on your individual account whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card numbers or other banking details). If you do choose to reveal any information about yourself to other users, whether through the Mobile web app or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details online as you would under any other circumstances. As NIkkah Noir is a public platform, Your Content will be instantly visible to other global users - so ensure you are comfortable sharing Your Content before you make it publicly available. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the service (e.g. individuals who receive a link to a user’s profile or shared content from other Nikkah Noir Users). By uploading Your Content on Nikkah Npir, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you. We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.
Member Content
Other members of Nikkah Noir will also share content via the service. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the service at the direction of the user providing the Member Content. You do not have any rights in relation to other users' Member Content, and you may only use other users' personal information to the extent that your use of it matches our purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information.
Our Content
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Nikkah Noir are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All rights, titles and interest in and to Our Content remains with us at all times. We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, under the following conditions: you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the service; you shall not use our name in metatags, keywords and/or hidden text; you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and you shall use Our Content for lawful purposes only. We reserve all other rights.
Restrictions on our Service
When you join Nikkah Noir, you agree to: comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements; use your real name on your profile; use the services in a professional manner. You agree that you will not: act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory; misrepresent your identity, your current or previous positions, qualifications or affiliations with a person or entity; disclose information that you do not have the consent to disclose; create or operate a pyramid scheme, fraud or other similar practices, bully, “stalk,” intimidate, assault, harass, mistreat or defame any person, post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence, post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission. We don't allow misconduct or misbehaving in the Nikkah Noir community – users should respect other users at all times. Therefore, you can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile by clicking the 'Report User' link. To block an abusive user through the Nikkah Noir app you can also click the ‘Block User' link on their profile and they will no longer be able to contact you. If we feel on balance that your uploaded photos do not adequately resemble your verification photo, Nikkah Noir may ask you to upload a new photo that better reflects your verification photo. If you fail to respond or upload a new photo following the criteria within 48 hours, Nikkah Noir reserves the right to terminate your account. Users are not permitted to screenshot within the app. If a user is found to use the screenshot function on their phone, or is found to be screen recording in any other capacity, Nikkah Noir reserves the right to terminate that user’s account. Nikkah Noir does not allow its users to upload photos that contain nudity to their profiles, or use a name that could be understood as NSFW or does not use a name that reflects a real name. If you attempt to do so, Nikkah Noir reserves the right to terminate your account after a warning and subsequent second attempt at breaking this term. Nikkah Noir also prohibits scraping or replicating any part of the service without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us. If your account is terminated by Nikkah Noir due to a violation of any of these policies, you forfeit your right to any refunds from in-app purchases.
Privacy
For more information about how the Nikkah Noir collects, uses and shares your personal data please check out our Privacy Policy - this is important to read. By using Nikkah Noir, you agree that we can use such data in accordance with our Privacy Policy
Third Party Stores; Premium Service; In-App Purchases
The App may be dependent on and/or interoperate with third-party owned and/or operated platforms and services. E.g. Apple (iTunes, etc.), Google, Facebook, Twitter etc. (Each, a “Third Party Platform”) and may require that you be a registered user of such Third Party Platforms and provide certain account credentials and other information in order to access the app. By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.).We may make certain products and/or services available to users of the App in consideration of a subscription fee or other fees (“Premium Services”), including the ability to purchase products, services and enhancements. If you choose to use Premium Services or purchase In-App Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premium Services and In-App Products, and such additional terms are incorporated herein by reference. You may purchase Premium Services and In-App Products through the following payment methods (each, a “Premium Payment Method”): (a) making a purchase through the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorised by us (each, a “Third Party Store”), (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third party processor, or (c) adding charges to your mobile carrier bill and remitting payment directly to your carrier. Once you have requested a Premium Service or In-App Product, you authorise us to charge your chosen Premium Payment Method and your payment is non-refundable. If payment is not received by us from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us. If you want to cancel or change your Premium Payment Method at any time, you can do so either via sending a request to hello@NikkahNoir.com or by contacting your mobile service provider. If your chosen Premium Payment Method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to the Nikkah Noir are made as well as how such payments may be changed or cancelled. Your subscription to the Nikkah Noir ’s Premium Services will automatically renew until you decide to cancel in accordance with such terms. Note that if you are removed as a user following a breach of any of these Terms, you shall not receive a refund of any payments made under your subscription, including but not limited to any payments made with regards Nikkah Noir’s Premium Services. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other websites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. If you choose to purchase an In-App Product, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Apple, etc.) (“your Mobile Platform Account''), and your Mobile Platform Account will be charged for the Premium Service and/or In-App Product in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-app purchases made through your Mobile Platform Account (e.g., Android, Apple, etc.). Premium Services and In-App Products may include one-time purchases as well as monthly subscriptions (e.g., a one-month subscription, three-month subscription, six-month subscription, etc.) to additional account features. At the end of the free trial period (if any), you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. Please note that for Premium Services and In-App Products bought on a subscription basis, your subscription will automatically renew for the same subscription period as you initially purchased (e.g., if you bought an In-App Product on a six-month subscription, your subscription will be automatically renewed for an additional six-months). To avoid any charges for additional periods, you must cancel before the end of the free trial period, subscription period or renewal, as applicable, in accordance with the terms and conditions of your Mobile Platform Account and the terms and conditions of any applicable Third Party Store. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to your age group. Please note that for Premium Services and In-App Products you will be billed continuously for the subscription or service until you cancel in accordance with your Mobile Platform Account’s or your Premium Payment Method’s terms. In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through your Mobile Platform Account or Third Party Stores. Further, the Nikkah Noir does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services (including Premium Services or In-App Products) do not imply our or any of our affiliates' endorsement of such products or services. Moreover, the Nikkah Noir and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if we terminate your use of or registration to the App because you have breached any of these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We encourage you to review the terms and conditions of the applicable third party payment processors, Third Party Store or Mobile Platform Account before you make any In-App Products or Premium Service purchases.
Push Notifications; Location Based Features
We may provide you with emails, push notifications, alerts and other messages related to the service, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc. you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at hello@Nikkah Noir.com. The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorise the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.
Disclaimer
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS.Nikkah Noir IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. Nikkah Noir DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME AREAS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED POUNDS (£100).THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
Indemnity
All the actions you make and information you post on Nikkah Noir remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: any negligent acts, omissions or wilful misconduct by you; your access to and use of the App; the uploading or submission of Content to the App by you; any breach of these Terms by you; and/or your violation of any law or of any rights of any third party. We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defence of any relevant claim.
Copyright Infringement
The Nikkah Noir has adopted the following policy towards copyright infringement in accordance. If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement including the following: A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and A statement that, under penalty of perjury, the information in the notification is accurate and you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed. Any such takedown notices should be sent to: hello@Nikkah Noir.com
Third Party App Store
The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that: These Terms are concluded solely between you and the Nikkah Noir and not with the providers of the Third Party Store, and the Nikkah Noir (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting terms of the Third Party Store will take precedence and will apply. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. The Nikkah Noir is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Nikkah Noir . The Nikkah Noir , not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims. The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Miscellaneous
These Terms, which we may amend from time to time, constitute the entire agreement between you and the Nikkah Noir . The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation. Nikkah Noir LTD has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Nikkah Noir and provides that information on an "as is", "as available" basis. Nikkah Noir LTD does not give or make any warranty or representation of any kind about the information contained on Nikkah Noir, whether express or implied. Use of Nikkah Noir and the materials available on it is at your sole risk. Nikkah Noir cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Nikkah Noir is free of viruses or other harmful components. You accept that Nikkah Noir will not be provided uninterrupted or error free, that defects may not be corrected or that The Nikkah Noir , or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. The Nikkah Noir is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
We May Need to Change our Terms From Time to Time
Nikkah Noir reserves the right to modify, amend or change the Terms at any time (a "Change"). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible. Your continued use of Nikkah Noir following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Nikkah Noir immediately.
Some more legal stuff
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable. No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege. By using our service, you agree and acknowledge that Nikkah Noir is a global service operating through servers located in a number of countries around the world, including the United Kingdom. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Nikkah Noir, you agree to the transfer of your personal information to, and storage and processing of your personal information in any such countries and destinations. Our service may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
About Us
Your access to our service, Our Content, and any Member Content, as well as these Terms are governed and interpreted by the laws of England and Wales other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the laws of England and Wales. By using the service, you are consenting to the exclusive jurisdiction of the courts of England and Wales. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail. The Terms constitute a binding legal agreement between you as user (“you”) and the Nikkah Noir (“we” or “us”). The Nikkah Noir includes, but is not limited to, Nikkah Noir LTD (an English company whose registered office is at, 7 Bell Yard London WC2A 2JR
By using our Services, you represent and warrant that:
You are 18 years of age or older
You are not a registered sex offender
You have not previously been removed from our services, unless you have permission in writing from Nikkah Noir to create a new account
You are not prohibited by law from using our services
You are seeking a long-term, serious relationship.
If at any time you do not meet these requirements, you must cease to have an account with us, and we reserve the right to remove your access to our services without notice.
You agree to:
Comply with these Terms, and check this page from time to time to ensure you are aware of any changes
Comply with all applicable laws, including but not limited to: privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements
Use the latest version of the website and/or app
Treat others with respect, both on and off our services
Be respectful when communicating with our customer service representatives
Present yourself respectfully and authentically by adding at least one photo that shows who you are
You agree that you will not:
Misrepresent your identity, age, or mislead others with what you share on our website or app
Before you use our service, you will need to register for an account (“Account”). In order to create an account you must; be at least 18 years old, and be legally permitted to use the service by the laws of your home country or state. You can create an account via manual registration. For more information about what information we use and how we use it, check out our Privacy Policy.
Unfortunately, we cannot allow you to use another person’s account without permission. If you feel the need to leave Nikkah Noir, you can delete your account at any time by going to ‘Settings’, then ‘Account ’, then ‘Delete Account’. Once an account is deleted it is usually done instantaneously, but it can take up to 24 hours. It may take a little while for your content (defined below) to be completely removed from our service. We reserve the right at our sole discretion to terminate or suspend any account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. You may not access, tamper with, or use non-public areas of the service or our systems. Certain portions of the service may not be accessible if you have not registered for an account.
Types of Content
There are three types of content that you will be able to access on the service: content that you upload and provide (“Your Content”); content that members provide (“Member Content”); and content that the Nikkah Noir provides (“Our Content”). There is certain content we cannot allow on Nikkah Noir. We want our users to be able to express themselves as much as possible whilst using our service, but we have to impose restrictions on certain content. This includes, but is not limited to:
Content that contains language or imagery which could reasonably be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person; is obscene, pornographic or involving another person, violent or otherwise may offend human dignity; is abusive, insulting or threatening, discriminatory, or which promotes or encourages racism, sexism, hatred or bigotry; encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence; is defamatory or libellous; relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or telephone numbers; involves the transmission of “junk” mail or “spam”; contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of, or disrupt any software or hardware, telecommunications, networks, servers or other equipment designed to damage, interfere, wrongly intercept or expropriate any data or personal information whether from Nikkah Noir or otherwise; itself, or the posting of which, infringes any third party’s rights (including without limitation, intellectual property rights and privacy rights); shows another person which was created or distributed without that person’s consent.
Nikkah Noir has a zero-tolerance policy for this kind of content.
Your Content
As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release and hold us harmless from any and all claims made in connection with Your Content. You may not display or distribute any personal contact or banking information on your individual account whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card numbers or other banking details). If you do choose to reveal any information about yourself to other users, whether through the Mobile web app or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details online as you would under any other circumstances. As NIkkah Noir is a public platform, Your Content will be instantly visible to other global users - so ensure you are comfortable sharing Your Content before you make it publicly available. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the service (e.g. individuals who receive a link to a user’s profile or shared content from other Nikkah Noir Users). By uploading Your Content on Nikkah Npir, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you. We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.
Member Content
Other members of Nikkah Noir will also share content via the service. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the service at the direction of the user providing the Member Content. You do not have any rights in relation to other users' Member Content, and you may only use other users' personal information to the extent that your use of it matches our purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information.
Our Content
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Nikkah Noir are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All rights, titles and interest in and to Our Content remains with us at all times. We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, under the following conditions: you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the service; you shall not use our name in metatags, keywords and/or hidden text; you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and you shall use Our Content for lawful purposes only. We reserve all other rights.
Restrictions on our Service
When you join Nikkah Noir, you agree to: comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements; use your real name on your profile; use the services in a professional manner. You agree that you will not: act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory; misrepresent your identity, your current or previous positions, qualifications or affiliations with a person or entity; disclose information that you do not have the consent to disclose; create or operate a pyramid scheme, fraud or other similar practices, bully, “stalk,” intimidate, assault, harass, mistreat or defame any person, post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence, post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission. We don't allow misconduct or misbehaving in the Nikkah Noir community – users should respect other users at all times. Therefore, you can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile by clicking the 'Report User' link. To block an abusive user through the Nikkah Noir app you can also click the ‘Block User' link on their profile and they will no longer be able to contact you. If we feel on balance that your uploaded photos do not adequately resemble your verification photo, Nikkah Noir may ask you to upload a new photo that better reflects your verification photo. If you fail to respond or upload a new photo following the criteria within 48 hours, Nikkah Noir reserves the right to terminate your account. Users are not permitted to screenshot within the app. If a user is found to use the screenshot function on their phone, or is found to be screen recording in any other capacity, Nikkah Noir reserves the right to terminate that user’s account. Nikkah Noir does not allow its users to upload photos that contain nudity to their profiles, or use a name that could be understood as NSFW or does not use a name that reflects a real name. If you attempt to do so, Nikkah Noir reserves the right to terminate your account after a warning and subsequent second attempt at breaking this term. Nikkah Noir also prohibits scraping or replicating any part of the service without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us. If your account is terminated by Nikkah Noir due to a violation of any of these policies, you forfeit your right to any refunds from in-app purchases.
Privacy
For more information about how the Nikkah Noir collects, uses and shares your personal data please check out our Privacy Policy - this is important to read. By using Nikkah Noir, you agree that we can use such data in accordance with our Privacy Policy
Third Party Stores; Premium Service; In-App Purchases
The App may be dependent on and/or interoperate with third-party owned and/or operated platforms and services. E.g. Apple (iTunes, etc.), Google, Facebook, Twitter etc. (Each, a “Third Party Platform”) and may require that you be a registered user of such Third Party Platforms and provide certain account credentials and other information in order to access the app. By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.).We may make certain products and/or services available to users of the App in consideration of a subscription fee or other fees (“Premium Services”), including the ability to purchase products, services and enhancements. If you choose to use Premium Services or purchase In-App Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premium Services and In-App Products, and such additional terms are incorporated herein by reference. You may purchase Premium Services and In-App Products through the following payment methods (each, a “Premium Payment Method”): (a) making a purchase through the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorised by us (each, a “Third Party Store”), (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third party processor, or (c) adding charges to your mobile carrier bill and remitting payment directly to your carrier. Once you have requested a Premium Service or In-App Product, you authorise us to charge your chosen Premium Payment Method and your payment is non-refundable. If payment is not received by us from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us. If you want to cancel or change your Premium Payment Method at any time, you can do so either via sending a request to hello@NikkahNoir.com or by contacting your mobile service provider. If your chosen Premium Payment Method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to the Nikkah Noir are made as well as how such payments may be changed or cancelled. Your subscription to the Nikkah Noir ’s Premium Services will automatically renew until you decide to cancel in accordance with such terms. Note that if you are removed as a user following a breach of any of these Terms, you shall not receive a refund of any payments made under your subscription, including but not limited to any payments made with regards Nikkah Noir’s Premium Services. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other websites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. If you choose to purchase an In-App Product, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Apple, etc.) (“your Mobile Platform Account''), and your Mobile Platform Account will be charged for the Premium Service and/or In-App Product in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-app purchases made through your Mobile Platform Account (e.g., Android, Apple, etc.). Premium Services and In-App Products may include one-time purchases as well as monthly subscriptions (e.g., a one-month subscription, three-month subscription, six-month subscription, etc.) to additional account features. At the end of the free trial period (if any), you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. Please note that for Premium Services and In-App Products bought on a subscription basis, your subscription will automatically renew for the same subscription period as you initially purchased (e.g., if you bought an In-App Product on a six-month subscription, your subscription will be automatically renewed for an additional six-months). To avoid any charges for additional periods, you must cancel before the end of the free trial period, subscription period or renewal, as applicable, in accordance with the terms and conditions of your Mobile Platform Account and the terms and conditions of any applicable Third Party Store. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to your age group. Please note that for Premium Services and In-App Products you will be billed continuously for the subscription or service until you cancel in accordance with your Mobile Platform Account’s or your Premium Payment Method’s terms. In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through your Mobile Platform Account or Third Party Stores. Further, the Nikkah Noir does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services (including Premium Services or In-App Products) do not imply our or any of our affiliates' endorsement of such products or services. Moreover, the Nikkah Noir and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if we terminate your use of or registration to the App because you have breached any of these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We encourage you to review the terms and conditions of the applicable third party payment processors, Third Party Store or Mobile Platform Account before you make any In-App Products or Premium Service purchases.
Push Notifications; Location Based Features
We may provide you with emails, push notifications, alerts and other messages related to the service, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc. you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at hello@Nikkah Noir.com. The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorise the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.
Disclaimer
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS.Nikkah Noir IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. Nikkah Noir DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME AREAS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED POUNDS (£100).THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
Indemnity
All the actions you make and information you post on Nikkah Noir remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: any negligent acts, omissions or wilful misconduct by you; your access to and use of the App; the uploading or submission of Content to the App by you; any breach of these Terms by you; and/or your violation of any law or of any rights of any third party. We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defence of any relevant claim.
Copyright Infringement
The Nikkah Noir has adopted the following policy towards copyright infringement in accordance. If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement including the following: A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and A statement that, under penalty of perjury, the information in the notification is accurate and you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed. Any such takedown notices should be sent to: hello@Nikkah Noir.com
Third Party App Store
The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that: These Terms are concluded solely between you and the Nikkah Noir and not with the providers of the Third Party Store, and the Nikkah Noir (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting terms of the Third Party Store will take precedence and will apply. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. The Nikkah Noir is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Nikkah Noir . The Nikkah Noir , not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims. The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Miscellaneous
These Terms, which we may amend from time to time, constitute the entire agreement between you and the Nikkah Noir . The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation. Nikkah Noir LTD has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Nikkah Noir and provides that information on an "as is", "as available" basis. Nikkah Noir LTD does not give or make any warranty or representation of any kind about the information contained on Nikkah Noir, whether express or implied. Use of Nikkah Noir and the materials available on it is at your sole risk. Nikkah Noir cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Nikkah Noir is free of viruses or other harmful components. You accept that Nikkah Noir will not be provided uninterrupted or error free, that defects may not be corrected or that The Nikkah Noir , or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. The Nikkah Noir is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
We May Need to Change our Terms From Time to Time
Nikkah Noir reserves the right to modify, amend or change the Terms at any time (a "Change"). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible. Your continued use of Nikkah Noir following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Nikkah Noir immediately.
Some more legal stuff
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable. No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege. By using our service, you agree and acknowledge that Nikkah Noir is a global service operating through servers located in a number of countries around the world, including the United Kingdom. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Nikkah Noir, you agree to the transfer of your personal information to, and storage and processing of your personal information in any such countries and destinations. Our service may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
About Us
Your access to our service, Our Content, and any Member Content, as well as these Terms are governed and interpreted by the laws of England and Wales other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the laws of England and Wales. By using the service, you are consenting to the exclusive jurisdiction of the courts of England and Wales. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail. The Terms constitute a binding legal agreement between you as user (“you”) and the Nikkah Noir (“we” or “us”). The Nikkah Noir includes, but is not limited to, Nikkah Noir LTD (an English company whose registered office is at, 7 Bell Yard London WC2A 2JR