Disclaimer

Disclaimer – Mentions légales –  /  تعهدنامه

Followed by DATA PROTECTION DECLARATION (PRIVACY STATEMENT)

1. Definitions.

Mtoshahmaghsoudi.com is the site maintained on the World Wide Web by Maktab Tarighat Oveyssi Shahmaghsoudi. “The site” or “site” refers to mtoshahmaghsoudi.com. “User,” or collectively “Users,” refers to any party who accesses the site. “MTOS” refers to the Maktab Tarighat Oveyssi Shahmaghsoudi School of Islamic Sufism and its affiliates. “Access” means viewing or otherwise obtaining information located on Mtoshahmaghsoudi.com. “Agreement” refers to these terms of use and any subsequent modification.

2. Acceptance of Terms.

By accessing the site via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Terms of Use Agreement. MTOS reserves the right to modify these terms of use at any time without notice to User, including imposing a fee to access certain materials contained on the site. Any change in these terms of use is effective immediately upon User’s receipt of notice from MTOS. Notice can be given through e-mail, posting on the site or any other means by which User may obtain notice. Users should periodically check these terms of use for changes. Any use of the site after changes have been made shall be deemed acceptance of those changed terms of use. MTOS reserves the right to monitor use of the site. MTOS has the exclusive right to control accessibility, hours of use, features on the site and any other information found on the site. MTOS can restrict access to any or all portions of the site or remove any information or content from the site at any time. Use is solely responsible for providing the equipment related to accessing the site, including all computer, remote communications equipment, telephone or other equipment.

3. Copyright and Marks.

All content on the site (with the exception of content provided by MTOS’s third party content providers) are the copyrighted or trademarked property of MTOS. Site content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, “framed” on another site, or distributed in any way without the prior written consent of MTOS. Users must retain all copyright notices and other proprietary notices on any authorized reproductions of any portion of the site. Any third party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner.

4. Prohibited Conduct.

User expressly agrees to refrain from doing, either personally or through an agent, any of the following:

  • Use any device or other means to harvest information about other Users.
  • Transmit, install, upload or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment or service of the site.
  • Transmit, install, upload or otherwise transfer any virus or other item to the site that in any way affects the use, enjoyment or service of any User’s or MTOS employee’s computer or other medium used to access the site.
  • Post any material on the site that is offensive to any other User. MTOS maintains the exclusive right to determine what is offensive.
  • Post or store on the site any content that violates or infringes the intellectual property or other rights of others (including but not limited to copyrights, trademarks, trade secrets, patents, privacy and publicity rights).
  • Modify the information, including headers, found on the site.
  • Transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication.
  • Engage in any action which MTOS determines is detrimental to the use and enjoyment of the site.
  • Use the site for any unlawful or defamatory means.
  • Transmit, install, upload, post or otherwise transfer any information in violation of any local, state, national or international law, or post any information that could result in civil unrest.
  • Attempt to access, or access, the personal information of another User which is stored on this site.

5. Disclaimer and Limitation of Liability.

MTOS makes every effort to ensure the accuracy and fairness of the content of this site. Even so, no warranty is expressed or implied by any statement made on this site. MTOS makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER MTOS NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF MTOS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. MTOS IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL MTOS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL MTOS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

6. Third Party Content and Links.

The site may contain content created by third parties or links to web sites owned by third parties. MTOS is not the publisher or speaker of any third party information on the site, and MTOS is not the publisher or speaker of any content found on web sites that are linked to this site. Any mention in the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by MTOS. MTOS assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between such Users and such third parties, and are subject to any terms, conditions, warranties or representations associated with such dealings. MTOS MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, MTOS DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

7. Security.

Users are prohibited from violating or attempting to violate the security of the site. MTOS will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

8. Termination of Agreement.

MTOS may terminate this Agreement at its discretion. In addition to MTOS’s other rights, MTOS may terminate access to this site or cancel membership in SoleForce or terminate access to any service that MTOS provides on the site if User breaches this Agreement in any way or engages in conduct that MTOS deems inappropriate.

9. Links to Our Site.

User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the site so long as the link does not portray MTOS in a false, misleading, derogatory, or otherwise offensive matter. User may not use any MTOS logo or other proprietary graphic or trademark as part of the link without express written permission. MTOS reserves the right to terminate any link found on the site at any time. User may not utilize framing techniques to enclose any trademark, logo, or other MTOS proprietary information (including images, text, page layout, or form) or use any meta tags or any other “hidden text” utilizing MTOS’s name or trademarks without MTOS’s express written consent.

10. Copyright Protection.

MTOS honors the intellectual property rights of others. If you believe your work has been infringed, please provide MTOS with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyright 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 at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MTOS to identify the material;
  • Information that is reasonably sufficient to permit MTOS to contact the complaining party, such as address, telephone number and, if available, e-mail address;
  • A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MTOS can be contacted at: E-mail: info@mto.org

11. Miscellaneous

These terms of use together with the privacy policy constitute the entire agreement between MTOS and User regarding the site mtoshahmaghsoudi.com. Any previous agreement, whether oral or written, between MTOS and User dealing with the subject matter hereof is superseded. If any portion of this agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User’s breach of this Agreement, MTOS may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. MTOS’s remedies are cumulative and not exclusive. Failure of MTOS to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. MTOS makes no representation that the content of the site is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of , notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a state or federal court located in and each User consents to exclusive jurisdiction and venue in such courts for such purpose. Possible future provisions:

4.1. Privacy

User should review our Privacy Statement, which is incorporated by reference into this Terms of Use Agreement.

4.2. Prohibited Conduct.

User expressly agrees to refrain from doing, either personally or through an agent, any of the following:

  • Use any device or other means to harvest information about other Users.
  • Transmit, install, upload or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment or service of the site.
  • Transmit, install, upload or otherwise transfer any virus or other item to the site that in any way affects the use, enjoyment or service of any User’s or MTOS employee’s computer or other medium used to access the site.
  • Post any material on the site that is offensive to any other User. MTOS maintains the exclusive right to determine what is offensive.
  • Post or store on the site any content that violates or infringes the intellectual property or other rights of others (including but not limited to copyrights, trademarks, trade secrets, patents, privacy and publicity rights).
  • Modify the information, including headers, found on the site.
  • Transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication.
  • Engage in any action which MTOS determines is detrimental to the use and enjoyment of the site.
  • Use the site for any unlawful or defamatory means.
  • Transmit, install, upload, post or otherwise transfer any information in violation of any local, state, national or international law, or post any information that could result in civil unrest.
  • Attempt to access, or access, the personal information of another User which is stored on this site.
  • Permit any person to access this site using the User’s password.
  • Attempt to, or access, this site using another User’s password.

4.3. User Content

User may participate in bulletin boards or chat rooms on the site, or post other content on the site, including but not limited to literature reviews, liturgy, comments, suggestions, ideas, questions, or other information (collectively, the “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, objectionable, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” User may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. User grants MTOS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content. User also grants MTOS the right to use the name submitted by User in connection with User Content, if MTOS so chooses. User represents and warrants that User owns or otherwise controls all of the rights to the User Content; that the User Content is accurate; that use of the User Content does not violate this Agreement and will not cause injury to any person or entity; and that User will indemnify MTOS for all claims resulting from the User Content. MTOS has the right but not the obligation to monitor and edit or remove any User Content. MTOS takes no responsibility and assumes no liability for any User Content.

4.4. Indemnification

User agrees to defend, indemnify and otherwise hold harmless MTOS, its affiliates and its and their respective officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s use of the site.

4.5. Your Account.

If you obtain an account for use at this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to the account. You agree to accept responsibility for all activities that occur under your account or password. MTOS sells products only to adults who can purchase with a credit card. MTOS and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

4.6. Risk of Loss.

All items purchased from MTOS are made pursuant to MTOS’s standard terms and conditions of sale. The risk of loss and title for such items pass to you upon our delivery to the carrier.

DATA PROTECTION DECLARATION (PRIVACY STATEMENT)

 

  1. PROTECTION OF YOUR PERSONAL DATA

We appreciate your interest in our website and our organization. The protection of your personal data during your visits to our website is of great importance to us and we are fully committed to protecting your personal data. We are taking your privacy very seriously, especially, as concerns the collection, sharing, processing, and utilization of your personal data when you visit our website.

 

Contact info for data protection matters:

The responsible contact for data protection matters in our company is:

 

Maktab Tarighat Oveyssi Shahmaghsoudi
(School of Islamic Sufism) e. V.

Harffstr. 29
40591 Düsseldorf
Germany

Telephone: +49 211 7302664
Fax: +49 211 7302665
E-mail: privacy@mto.org

If you have any questions regarding the protection of your personal data or this privacy statement, please do not hesitate to contact our data protection officer. We will be pleased to inform you about your personal data stored in our database.

 

  1. CONSENT TO USE OF DATA

Mere use of our website or reading this privacy statement shall not be deemed replace the consent we are required by law to obtain from you in order to collect, share, process, and use your personal data in the form indicated below and for the purposes mentioned below. In addition, we would like to emphasize that you have the right to withdraw the consent you have given with respect to the collection and use of your data at any time with future effect. See Art. 7 (3) GDPR.

 

  1. PRIVACY STATEMENT MAY BE SUBJECT TO FUTURE CHANGES

Experience has shown that privacy legislation is subject to regular revisions, which may require adjustments to our privacy statement. The contents of our website are also frequently updated for changes and improvements. We therefore reserve the right to adjust the present privacy statement accordingly and to send you information about changes to our privacy statement if required. In addition, you are kindly invited to regularly visit our website to get informed about modifications of our privacy statement or other terms and conditions of use of our website. Please be assured that we will not change our privacy statement in any material way that might lead to an increased use of your data, unless you have given your consent to such use.

 

  1. COLLECTION AND RECORDING OF DATA WHEN ACCESSING OUR WEBSITE

Below you will find some information about which personal data are recorded during your visit to our website and how we use them.

Every access to our website (including its sub-pages) will be captured and recorded automatically. In particular, the system can capture and record the IP-address of the computer submitting a query. In the same way, every time you are clicking on, downloading, or otherwise accessing any file on our website, your data will possibly be captured and recorded. The following data will be recorded: file name; date and time of access; volume of data accessed or transferred; browser used; information on whether the access and/or transfer was successful; the name of the domain or e-mail submitting the query. Any e-mail receipt or read confirmations may also possibly be captured and recorded.

 

  1. b) None of the above-mentioned data – except for the domain submitting the query or your e-mail address – will allow us to identify you personally. The above data collection is not prescribed by law or contract and is not required for concluding a contract. You are not obliged to provide the above personal data. If you do not provide the data, however, you may actually no longer have access to all of the functions provided by our website.

 

  1. c) The above-mentioned data will be processed by us for the following purposes:

– Ensuring a smooth connection setup of our website,
– Ensuring comfortable use of our website,
– An evaluation by us for system safety and stability, and
– Purposes of Administration.

The legal basis for the afore-mentioned data processing is Art. 6 (1) f) GDPR. Our justifiable interest results from the just mentioned purposes for data collection.

  1. NO RECORDING OF ADDITIONAL PERSONAL DATA, UNLESS PROVIDED VOLUNTARILY

Any personal data other than those specified in the previous section will only be collected and stored by us if you have provided them voluntarily, e.g. by sending us an e-mail query or by providing your contact data in connection with advertisements you wish to serve on our website. The legal basis for processing personal data in this context is Article 6 (1) (a) GDPR. You have the right to withdraw the consent you have given with respect to the recording of your data at any time with future effect. See Art. 7 (3) GDPR.

 

  1. USE AND DISCLOSURE OF PERSONAL DATA

We will only use any personal data you have transferred or communicated to us for answering your inquiries, performing contracts to which you are a party, processing orders you have placed with us, or for the purposes of our technical administration, accounting or invoicing processes. The applicable legal bases in this context are Article 6 (1) (a), and alternatively also, (b), (c) and (f) GDPR. We will not disclose or otherwise transfer any of your personal data to any third party, unless (i) this is required for performing a contract or for invoicing purposes or (ii) you have previously given your consent or (iii) we are entitled or required to do so under applicable legal provisions. The applicable legal bases in this context are Article 6 (1) (a), and alternatively also, (b), (c) and (f) GDPR. You have the right to withdraw the consent you have given us at any time with future effect. See Art. 7 (3) GDPR.

 

  1. NO TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES OR INTERNATIONAL OR CROSS-BORDER ORGANIZATIONS

We do not transfer any data to third countries or to international or cross-border organizations. Should the transfer of data to a third country or to an international or cross-border organization be necessary, such transfer will be performed as permitted by applicable law only.

 

  1. DELETION OF PERSONAL DATA

If you withdraw your consent, we will delete your personal data immediately. See Art. 7 (3) GDPR. The data will also be deleted if we no longer need to know them for fulfilling the purpose for which they were stored or if storage of the data is or has become inadmissible for any other legal reasons.

 

  1. RIGHT TO INFORMATION AND OTHER RIGHTS
  2. a) Upon request, we will be pleased to inform you about your personal data stored by us, including their origin, recipients, and the purpose for which they are stored. See 15 GDPR.

 

  1. b) In addition, you have the following rights regarding your personal data processed by us:

– right to request corrections (Art. 16 GDPR)
– right to request deletions (Art. 17 GDPR)
– right to restrict processing (Art. 18 GDPR)
– right to object to processing (Art. 21 GDPR)
– right to data portability (Art. 20 GDPR)

  1. c) In addition, you have the right to lodge a complaint with a supervisory authority ( 77 GDPR).

 

  1. PROTECTION AGAINST THIRD PARTIES SPYING ON PERSONAL DATA

Please be assured that we will protect your personal data stored by us from illegal espionage by third parties as far as such protection is reasonably possible using modern technical and organizational means. However, whenever we contact you or you contact us by e-mail, we cannot guarantee full data security despite various safeguards employed by us. We therefore recommend you to send any confidential information by ordinary mail.

 

  1. SHORT NOTE ON COOKIES
  2. a) Our website uses so-called session cookies. Session cookies are managed on the server and not saved to the hard drive of your computer. Session cookies make navigation easier during your visit to our website but immediately cease to be valid when you leave our website. If you visit our website again, the server will create a new cookie, which will also cease to be valid when you leave. Consequently, session cookies do not allow us to identify visitors to our website or the personal data of visitors to our website. If you do not want to accept any cookies, not even session cookies, the help function in most browsers (usually represented by a question mark icon) will show you how to change the browser settings to accept no new cookies when using the internet. Many browsers can also be set to automatically notify you when a new cookie is being set. Usually, your browser’s help function will also provide instructions on how to delete all cookies set on your computer. Some browsers can be set so that no cookies are set or accepted on your computer, unless the respective inquiring address is permitted according to your specifications.

 

  1. b) The legal basis for our use of cookies as mentioned under a) is 6 (1) f) GDPR (processing is necessary for the purposes of our legitimate interests).

 

  1. USE OF SOCIAL MEDIA
  2. a) Social Plugins

On our website we use social plug-ins of the social networks Facebook and Twitter on the basis of Art. 6 (1) f) GDPR to make our offer and our website better known. Our advertising purpose is a legitimate interest within the meaning of the GDPR. The responsibility for data protection in compliance with data protections laws is to be guaranteed by the respective providers (Facebook, Twitter).

  1. b) Use of Facebook Plugins

Our website uses Facebook plugins. A plugin is a software component, which – during its runtime – can be detected and integrated by a software application to add specific features to the software application. The Facebook plugins are operated by the social network Facebook Inc. 1601 S. California Ave, Palo Alto, California 94304, USA (hereinafter “Facebook”). The Facebook plugins used on our website are identified by the Facebook logo (white “f” on blue tile), by the suffix “Like”, or the “thumbs up” symbol, or the suffix “Facebook Social Plugin”.

Whenever you visit our website or any of its subpages that contain such a Facebook plugin, your browser creates a direct connection to the Facebook servers. In this way, the content of the Facebook plugin is transmitted to your browser which integrates it into the displayed webpage and/or subpage of our website. Once the plug-in has been installed, Facebook is notified that you have visited our website or the respective subpage of our website. Please be aware that Facebook can match the visit to your Facebook account, if you are logged in to Facebook during your visit to our webpage and/or any subpage of our website. If you interact with Facebook plugins, by clicking the “Like” button or commenting, for example, the corresponding information will be transmitted directly to Facebook, where it will be stored and processed.

It cannot be ruled out that Facebook will find out and store your IP address even if you have no Facebook user account.

If you have a Facebook user account and do not want Facebook to collect personal and/or other data on you via our website and to link said information with the membership data about you stored by Facebook or to process and use said information, you need to log out of your Facebook account before visiting our website. You can also block Facebook plugins on your browser by using certain add-ons, like the “Facebook blocker” add-on (see, for example, at http://webgraph.com/resources/facebookblocker/).

For more information on the purpose and scope of the data collection and the further processing and other use of the data by Facebook as well as your associated rights and setting options for protecting your privacy, please refer to Facebook’s privacy policy available at http://de-de.facebook.com/about/privacy/.

  1. c) Use of Twitter

Various features provided by the online service Twitter are installed on our website and its sub-pages. These features are provided by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, California 94107, USA (hereinafter referred to as “Twitter”). If you have a Twitter user account and use the “re-tweet” feature, the webpages and/or subpages of our website that you visit will be linked to your Twitter account and disclosed to other users. In the context of this link and disclosure, personal and/or other data will also be transmitted to Twitter where they will be further processed and used.

For more information on the purpose and scope of the data collection and the further processing and other use of the data by Twitter as well as your associated rights and setting options for protecting your privacy, please refer to

the “Twitter Privacy Policy” (http://de-de.facebook.com/about/privacy/). You can change your Twitter privacy settings in your account settings at http://twitter.com/account/settings.