USA Nikah (“App”, “Service”, “Website”, “Company”, “we” and “us”) is a private matrimonial app/service catered to Muslims living in the United States, who are seeking a compatible spouse for marriage only through “Halal” and Islamic means. This App is NOT for “dating”, and certainly NOT for any inappropriate, illicit, or immoral behavior. All activity on the App is monitored to ensure that all members adhere to respectable and decent Islamic (halal) guidelines.
Before you proceed any further on this App, you MUST read, understand, agree to, and adhere to the following Terms & Conditions, our Privacy Policy, and Safety Tips, to form a legally binding Agreement between you and us.
By accessing or using the Service, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
1. ELIGIBILITY & ACCOUNT
You must be at least 18 years of age to access and use USA Nikah App. This Service is for only users or people residing in the United States. If you create an account, you represent and warrant that you are living in the United States, have never been convicted of a felony, you’re not a sex offender, and that you are not required to register as a sex offender.
We do not conduct criminal background screenings of our Users, nor are we able to personally identify each User. USA Nikah cannot be held liable for false declarations made by a Member. It is thus important to take certain common-sense precautions when meeting with another Member. See our Safety Tips.
If you are under 18 years old, please uninstall this App immediately as you are unauthorized to use this Service. Should we learn or be notified that we have collected information from Users under the age of 18 years, we will immediately delete such users.
USA Nikah is intended solely for individual members’ personal use and not for commercial or business purposes. If you are a business entity or commercial concern, your presence on the App is not allowed.
If you are banned from using our App or a similar service, you should not create an account under a new identity. You are not welcome.
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.
2. CODE OF CONDUCT
a. Each User undertakes to comply strictly with all applicable laws and regulations, as well as with these Terms & Conditions.
b. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
c. The Company is not responsible for the conduct of any user. In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. In addition, you agree to review and follow the Company’s Safety Tips, located in the Service, prior to using the Service. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
d. Each User irrevocably undertakes to refrain from:
i . Discrimination on the basis of a User’s real or supposed: age, race, color, ethnicity, national origin, sexual orientation, religion, gender identity, family situation, pregnancy, physical appearance, surname, state of health, disability, genetic characteristics, personal beliefs, political opinions or union activities;
ii. Using the Services for any professional or commercial purposes, whether directly or indirectly, including offering, soliciting or promoting chargeable goods or services or financial compensation. Prostitution is formally prohibited on our Services;
- Engaging in any illegal activity whatsoever using our Services;
- Posting any content or making any statement in any form which:-
a. infringes, misappropriates or violates a third party’s patent, copyright, trademark, or trade secret, b. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
c. is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
d. is defamatory, obscene, pornographic, vulgar or offensive;
e. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
f. is violent or threatening or promotes violence or actions that are threatening to any other person;
g. promotes illegal or harmful activities or substances;
h. contains a link to any of the content associated with the above prohibitions; and
i. is otherwise contrary to applicable laws and regulations; and
iii. Disseminating any personal information of any other User, including any contact details or similar, without that User’s consent, moral rights or other intellectual property rights, or rights of publicity or privacy;
e. Each User undertakes to report any abuses to USA Nikah, as well as any improper comments or conduct by other Users.
f. We conduct regular inspections of the use of our Services, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used or circulated publically or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.
g. We may contact any User to request that the User remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions.
h. We may exclude or remove any User from its Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or this Terms & Conditions. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in-app purchases.
3. CONTENT POLICY
Members may not include telephone numbers, email addresses, or street addresses in their USA Nikah profile. Registered profiles with any of the above information will be subject to immediate suspension/deletion. Any contact information that we ask for (including email addresses, and phone numbers) during profile creation is only for our internal purposes, and will never be shared with other members.
USA Nikah expressly prohibits inappropriate content. Profiles containing inappropriate content will be subject to immediate deletion without a refund.
We make the determination in its sole discretion as to what material constitutes “inappropriate” content. Inappropriate content includes but is not limited to the following:-
Pornographic material, pictures, text, vulgar and indecent foul words, and any other pornographic content, implied or explicit.
Vulgar, offensive, flirtatious, or foul material, pictures, and content.
Material promoting harmful or criminal thoughts, intent, or action.
Content that includes or advocates any form of harassment, sexual or otherwise, racism, bigotry, violence, invasion of privacy, and any illegal or immoral acts.
Unsolicited mass mailings, junk mail, spam mail, and chain letters.
Any content promoting or soliciting commercial activity including advertising and selling of any product or service, including joining or acquiring membership in any other website.
Personal contact information such as email address, telephone numbers, and street address.
Fake pictures. Fake pictures are pictures posted that are not of the actual member. This includes pictures of actors, actresses, models or any person who is not the actual member.
Misleading or untruthful personal Information, including misrepresented age, location, country of residence, country of origin, religion, height, weight, and any other item of personal description.
4. PAID MEMBERSHIP & REFUND
USA Nikah is free to join. However Basic/Free members have some limitations. Presently, all Females are upgraded to Premium/Paid members free of charge. Only male members are being charged a membership fee at this time.
The subscription packages offered for Males are 3 months at $19 per month, 6 months at $15 per month, and 12 months at $10 per month. Prices are in U.S. Dollars and are subject to change without notice.
Payment for membership is made within the app. If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.i., Apple or Android) (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. In app purchases may include a free trial period. At the end of the free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the trial period. Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current subscription period; your account will be charged for renewal within 24-hours prior to the end of the current subscription period; you can manage your subscriptions and switch off auto-renewal by accessing your iTunes Account Settings and Google Play Setting after purchase; you cannot cancel the current subscription during the active subscription period. In all cases, please refer to the terms of your application platform which apply to your in app purchases.
Once you cancel your membership, your profile will be degraded to Basic Membership. If we cancel a Member’s Membership for that Member’s breach of these Terms & Conditions, the Member shall not be entitled to a refund for the period remaining to elapse until the expiry of the account, without prejudice to any damages sought by us as compensation for the loss suffered. If we cancel a Member’s Membership in our sole discretion for reasons other than that Member’s breach of these Terms & Conditions, the Member shall be entitled to a refund for the period remaining to elapse until the expiry of the account.
5. TECHNOLOGY REQUIREMENTS
a. The technology you use to access our Services may be required to meet minimum specifications provided by us.
b. We may require that you download and install updates to the Apps from time to time. You acknowledge and agree that we may update the Apps with or without notifying you and add or remove features or functions to the Apps (and/or the Apps, the Websites and/or the Services) at any time in our sole discretion.
c. You acknowledge and agree that we have no obligation to:-
i. make any subsequent versions of the Apps available to you;
ii. make the Apps, the Websites and/or the Services available to you at all;
iii. continue to support the Apps, the Websites and/or the Services in any way. You acknowledge that your access to the Apps, the Websites and/or the Services may not be continuous, features may change during your use, and we may terminate your access or stop offering any or all of the Apps, the Websites and/or the Services at any time.
6. PROVISION OF THE SERVICE
a. You acknowledge and agree that the Company may make changes to, or stop providing, the Apps, the Websites and/or the Services, or restrict your use of the Apps, the Websites and/or the Services, at any time without notifying you in advance.
b. You are solely responsible for all data, SMS, mobile carrier, Internet and telecommunications fees and charges incurred in connection with your use of the Apps, the Websites and/or the Services.
c. You acknowledge and agree that the Company can disable or deny you access to the Apps, the Websites and/or the Services, without notifying you in advance, for any reason or no reason including, without limitation, for any violation of these Terms & Conditions and/or if the Company suspects that you have used any aspect of the Services to conduct any fraudulent or illegal activity. If the Company disables your access to your account, you may be prevented from accessing the Services, your account details or any materials contained in your account.
7. THIRD PARTIES LINKS
The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other websites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources.
Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
8. INTELLECTUAL PROPERTY
a. All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements) (whether registered or unregistered) in:
i. our Services;
ii. Subject to clause 8.3, information content on our Services; and
iii. All the design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) of our Services, are owned by or licensed to the Company. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
b. None of the material listed in clause 8.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of the Company. You may, however, retrieve and display the content of our Services on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our Services without the express prior written permission of the Company.
c. Title, ownership rights and intellectual property rights in and to content accessed using our Services is the property of the applicable content owner or supplier and may be protected by applicable copyright, trademark or other law. Subject to the limited rights described in clause 8.2, this Agreement gives you no rights to such content.
d. The authors of the literary and artistic works in the pages in our Services have asserted their moral rights to be identified as the authors of those works.
e. Any material you transmit, post or submit to the Company either through our Services or otherwise (Material) shall be considered (and the Company may treat it as) non-confidential (subject to the Company’s obligations under privacy legislation). You grant the Company a royalty-free, perpetual, irrevocable, non-exclusive sublicensable license to use, copy, modify, adapt, translate, publish, and distribute worldwide any Materials which are set out below.
f. All comments, suggestions, ideas, notes, drawings, or concepts in which intellectual property rights subsist which are disclosed or offered to the Company by you or offered in response to solicitations by the Company regarding our Services (Ideas) shall be deemed to be and shall remain the property the Company and you hereby assign all existing present and future intellectual property rights in Ideas, to the Company. You must do all things reasonably requested by the Company to assure further the assignment of such rights. You understand and acknowledge that the Company has both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that the Company is only willing to consider Ideas on these terms. In any event, Ideas are not submitted in confidence and the Company assumes no obligation, express or implied by considering it. Without limitation, the Company will exclusively own all now-known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
9. DISCLAIMER OF WARRANTIES
a. You understand and agree that your use of the Apps, the Websites and/or the Services is at your sole risk.
b. The Apps, the Websites and the Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law).
c. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from the course of dealing or usage of trade.
d. The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Apps, the Websites and/or the Services.
e. The Company does not represent or warrant that:-
- i. you will be able to access or use the Apps, the Websites and/or the Services at the times or locations of your choosing;
- ii. that operation of the Apps, the Websites and/or the Services will be uninterrupted, timely, error-free;
- iii. your use of the Apps, the Websites and/or the Services will meet your requirements;
- iv. defects in the operation of the Apps, the Websites and/or the Services will be corrected; or
- v. the Apps, the Websites and/or the Services is free of viruses or other harmful components.
f. You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Apps, the Websites and/or the Services is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material.
g. If any jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the Company expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law.
10. LIMITATION OF LIABILITY
a. To the maximum extent permitted by applicable law, the Company, its subsidiaries or holding company, any subsidiary of any such holding company, affiliates, successors, assigns, and their respective employees, agents, directors, officers and shareholders, whether individually or collectively (the “Related Parties”) shall not be liable to you, under any contract, tort (including negligence), strict liability or other legal or equitable theory, amongst other things:-
i. Any direct, indirect, incidental, consequential, special or exemplary damages, including loss of profits, use, data or goodwill, arising out of or in any way connected with access to or use of the Apps, the Websites and/or the Services, or affiliated services, even if the Company and/or the Related Parties have been advised or should have been aware of the possibility of any such losses or damages.
ii. The cost of procurement of substitute goods, services or technology; or
iii. The deletion of, corruption of, or failure to store any materials, information or data maintained by or through your use of the Apps, the Websites and/or the Services.
b. Without limiting the foregoing, in no case shall the total liability of the Company and/or any or all of the Related Parties exceed USD$100. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the terms of this agreement must be filed within one year after such claim or cause of action arose or be forever barred.
c. If any jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, the liability of the Related Parties shall be limited to the fullest extent permitted by law.
d. In all cases, the Related Parties will not be liable to you for any loss or damage that is not reasonably foreseeable.
e. Nothing in this Terms & Conditions limits or excludes the liability of the Company for:-
i. any death or personal injury caused by its negligence;
ii. any form of fraud or deceit performed by the Company;
iii. any damages caused wilfully;
iv. any form of liability which cannot be limited or excluded by law.
11. INDEMNIFICATION
You agree to indemnify USA Nikah, our owners, our officers, partners, directors, employees, affiliates and agents, against any loss or damages, liability, claim, or demand, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the site, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
12. ARBITRATION & GOVERNING LAW
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Hudson County, New Jersey. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and USA Nikah, shall be governed by the laws of the state of New Jersey without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
13. NOTIFICATION
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
14. ACCEPTANCE & AMENDMENT
This Agreement, with the Privacy Policy and Safety Tips, contains the entire agreement between you and USA Nikah regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
The Company may update and amend these Terms & Conditions at any time and the Company will make the updated Terms & Conditions available through the Services. You understand and agree that you will be deemed to have accepted the updated Terms & Conditions if you use the Services after the updated Terms & Conditions are made available to you. If at any point you do not agree to any part of the Terms & Conditions in operation, you should immediately stop using the Services.
If you have questions about these Terms & Conditions, you can reach us via this email address – contact@usanikah.com.