Version date: March 17th, 2016
1. Acceptance Of Terms
1.1. This Agreement, which incorporates by reference other provisions applicable to use of the Services, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained within the Services, sets forth the terms and conditions that apply to use of the Services by the User. By using the Services (other than to read this Agreement for the first time), the User agrees to comply with all of the terms and conditions hereof. The right to use the Services is personal to the User and is not transferable to any other person or entity except as defined in the “End User License Agreement”, which can be found on the Website. The User is responsible for all use of the User’s Account (under any screen name or password) and for ensuring that all use of the User’s Account complies fully with the provisions of this Agreement. The User shall be responsible for protecting the confidentiality of User’s password(s), if any.
1.2. The Owner shall have the right at any time to change or discontinue any aspect or feature of Services, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. Changed Terms
The Owner shall have the right at any time to change or modify the terms and conditions applicable to the User’s use of the Services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Services, or by electronic or conventional mail, or by any other means by which the User obtains notice thereof. Any use of the Services by the User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications or additions.
3. Description Of Services
Through its Services, the Owner provides the User with access to a variety of resources, including download areas, communication forums and product information (collectively the “Resources”). The Resources, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Services and all charges related thereto.
5. User Conduct
5.1. User shall use the Services for lawful purposes only. The User shall not post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the Owners express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in the Owner’s discretion restricts or inhibits any other User from using or enjoying the Services will not be permitted or tolerated. The User shall not use the Services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Owner.
5.2.The Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under the United Arab Emirates copyright laws. The Owner owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The User may download copyrighted material for the User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Owner and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
5.3. The User shall not upload, post or otherwise make available on the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the User. The User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Services, the User automatically grants, or warrants that the owner of such material has expressly granted the User royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The User also permits any other User to access, view, store or reproduce the material for that User’s personal use. The User hereby grants The Owner the right to edit, copy, publish and distribute any material made available on the Services by the User.
5.4. The foregoing provisions of Section 5 are for the benefit of the Owner, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Use of Services
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable the User to communicate with others (each a “Communication Service” and collectively “Communication Services”). The User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, the User agrees that when using the Communication Services, the User will not:
6.1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
6.2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
6.3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
6.4. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless the User own or control the rights thereto or have received all necessary consent to do the same;
6.5. Use any material or information, including images or photographs, which are made available through the Resources in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
6.6. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
6.7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages;
6.8. Download any file posted by another user of a Communication Service that the User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
6.9. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
6.10. Restrict or inhibit any other user from using and enjoying the Communication Services;
6.11. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
6.12. Harvest or otherwise collect information about others, including email addresses;
6.13. Violate any applicable laws or regulations;
6.14. Create a false identity for the purpose of misleading others; or
6.15. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
The Owner has no obligation to monitor the Communication Services. However, the Owner reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. The Owner reserves the right to terminate any User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. The Owner reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Owner’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; the User is responsible for adhering to such limitations if the User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. The Owner does not control or endorse the content, messages or information found in any Communication Services and, therefore, the Owner specifically disclaims any liability with regard to the Communication Services and any actions resulting from the User’s participation in any Communication Services. Managers and hosts are not authorized Owner spokespersons, and their views do not necessarily reflect those of the Owner.
7. Member account, password and security
If any of the Services requires the User to open an account, the User must complete the registration process by providing the Owner with current, complete and accurate information as prompted by the applicable registration form. The User also will choose a password and a user name. The User is entirely responsible for maintaining the confidentiality of their password and account. Furthermore, the User is entirely responsible for any and all activities that occur under the User’s account. The User agrees to notify the Owner immediately of any unauthorised use of the User’s account or any other breach of security. The Owner will not be liable for any loss that the User may incur as a result of someone else using the User’s password or account, either with or without the User’s knowledge. However, the User could be held liable for losses incurred by the Owner or another party due to someone else using the User’s account or password. The User may not use anyone else’s account at any time, without the permission of the account holder.
8. Notice specific to software available on the Services
Any software that is made available to download from the Resources (“Services”) is the copyrighted work of the Owner and/or its suppliers. Use of the Services is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Services (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Services are made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SERVICES TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SERVICES ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, THE OWNER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, THE OWNER MAY MAKE AVAILABLE AS PART OF THE RESOURCES OR IN ITS SERVICES, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. THE OWNER DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE RESOURCES.
9. Notice specific to Documents available on the Services
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Resources is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Resources is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
THE OWNER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE RESOURCES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE OWNER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE OWNER AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE RESOURCES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE RESOURCES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE OWNER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. Notices regarding software, documents and Resources available on the Services
IN NO EVENT SHALL THE OWNER AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE RESOURCES.
11. Materials provided to the Owner or posted at any of its Services
The Owner does not claim ownership of the materials the User provides to the Owner (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission the User is granting the Owner, its affiliated companies and necessary sublicensees permission to use the User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all the Owners Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the User’s Submission; to publish the User’s name in connection with the User’s Submission; and the right to sublicense such rights to any supplier of the Services.
12 Disclaimer of Warranty; Limitation of Liability
12.1. The User expressly agrees that use of the services is at the User’s sole risk. Neither the owner, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Services, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Services.
12.2. The Services are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
12.3. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. The User specifically acknowledges that the owner is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
12.4. In no event will the Owner, or any person or entity involved in creating, producing or distributing the Services or the owner’s software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Services. The User hereby acknowledges that the provisions of this section shall apply to all content on the site.
12.5. In addition to the terms set forth above neither, the Owner, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Services, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
12.6. Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
13. Links to Third Party sites
THE LINKS IN THE SERVICES WILL LET YOU LEAVE THE OWNER’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF THE OWNER AND THE OWNER IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THE OWNER IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. THE IS PROVIDING THESE LINKS TO USERS ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THEOWNER OF THE SITE.
The Owner is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, the Owner has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of the Services, are those of the respective author(s) or distributor(s) and not of the Owner. Neither the Owner nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through the Services represents the opinions and judgments of the respective information provider, the User, or other user not under contract with the Owner. The Owner neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorised Owner employee spokespersons while acting in their official capacities. Under no circumstances will the Owner be liable for any loss or damage caused by a User’s reliance on information obtained through the Services. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
14. Unsolicited Idea Submission Policy
THE OWNER OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN THE OWNER’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO THE OWNER. SO, PLEASE DO NOT SEND UNSOLICITED IDEAS TO THE OWNER OR ANYONE AT THE OWNER. IF, DESPITE THIS REQUEST THAT USERS NOT SEND US THEIR IDEAS AND MATERIALS, USERS STILL SEND THEM, PLEASE UNDERSTAND THAT THE OWNER MAKES NO ASSURANCES THAT THE IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
The Owner shall have the right, but not the obligation, to monitor the content of the Services, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by the Owner and to satisfy any law, regulation or authorized government request. The Owner shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Services. Without limiting the foregoing, the Owner shall have the right to remove any material that, in its sole discretion, it finds to be in violation of the provisions hereof or otherwise objectionable.
The User agrees to defend, indemnify and hold harmless the Ower, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Owner by the User or the User’s Account.
17.1. Either the Owner or the User may terminate this Agreement at any time. Without limiting the foregoing, the Owner shall have the right to immediately terminate the User’s Account in the event of any conduct by the User which the Owner, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement.
17.2. In the event that you request a refund of the credit available in your account, the Licensor will charge a fee of 25% of the Credit Balance for administration costs. Refunds should be requested by contacting the support team.
Clause 17.2 is subject to review and amendment by the Licensor from time to time, and any subsequent changes or amendments to these terms shall be made available through the Products. By agreeing to these terms, you are agreeing to all future changes to this clause and agree to regularly review the terms made available through the Products.
This Agreement and any operating rules for the Services established by the Owner constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Dubai International Finance Centre, Dubai, United Arab Emirates, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
19. Copyright Notice
The Services and its logos are trademarks of the Company. All rights reserved. All other trademarks appearing on the Services are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth first above, with full knowledge of its content and significance and intending to be legally bound by the terms hereof.