PRINTSHOP4ME Terms and Conditions of Use
PLEASE NOTE THAT THE SECTION LABELLED “WAIVER OF COLLECTIVE OR REPRESENTATIVE ACTION AND AGREEMENT TO ARBITRATION” BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND WAIVER OF COLLECTIVE OR REPRESENTATIVE ACTION. IT AFFECTS YOUR RIGHTS IN ANY DISPUTE WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OUT OF YOUR USE OF THE SERVICES AND/OR YOUR PURCHASE AND/OR USE OF ANY SERVICE OR PRODUCT.
Welcome! We’re glad you’re here and thank you for selecting the services that we offer through our websites, mobile applications or by telephone (hereinafter referred to as “Services”). As the developer of the Services (“we,” “us” or “our”), we want to provide you with some guidance as to our terms and conditions of use for the Services set forth below (these “Terms and Conditions”). By registering or otherwise accessing, downloading, installing, using and/or partaking of the Services, as the case may be, you are agreeing with all of these Terms and Conditions.
Registration
Our mobile apps require that you register and set up a user account to use the Services. We make registration optional by means of the Guest Checkout option, if you prefer. By registering or otherwise accessing, downloading, installing, using and/or partaking of the Services, you represent and warrant that (a) you are at least eighteen (18) years of age and (b) you have provided us with true, accurate and current information about yourself during the registration process (including, without limitation, your name and valid email address). You acknowledge that erroneous information may result in being unable to complete your transaction. You represent and warrant that you shall provide and maintain true, complete and current account information, and update your email address and phone number as long as your account remains active. Registration data and other information that you provide are governed by our Privacy Policy. You may not access or use the Services in any manner if you are younger than eighteen (18) years old. By providing your contact information to us, you agree that we may contact you in relation to your account and/or orders.
ou are solely responsible for all activities that occur under your account and for ensuring that you exit or log out of your account at the end of each session of use. Your password is confidential, and you may not give it to anyone else. You shall notify us immediately of any unauthorised use of your account or password or any other breach of security that you suspect or know of.
Mobile Services
Some of the Services are available via a mobile device, which may include, without limitation, (a) the ability to upload content to the Services, (b) the ability to browse the Services and (c) the ability to access certain features through an application downloaded and installed on a mobile device (collectively referred to as “Mobile Services”). Access to the Services through a mobile device may be subject to your service provider’s standard charges, data rates and other fees. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your service provider, and it may be the case that not all Mobile Services work with all service providers or devices. By using the Mobile Services, you acknowledge and agree that certain information about your usage of the Mobile Services may be communicated to us.
Your Content
Our company provides personalised products (hereinafter referred to as “Products”). The Products generally require information that you provide, including, without limitation, text, photographs or images (hereinafter referred to as “Your Content”). The Services and the Products are for your personal use only. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the Services or Products except as permitted by these Terms and Conditions, and you may not access or use the Services for any commercial purpose whatsoever. Any use of the Services other than as expressly authorised in these Terms and Conditions is strictly prohibited. All rights not expressly granted in these Terms and Conditions are hereby expressly reserved by us.
By submitting Your Content to us, you grant us a nonexclusive, worldwide, royalty free, fully paid-up, transferable, sublicensable, perpetual, irrevocable licence to reproduce, prepare derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise use and exploit Your Content for the limited purpose of providing the Services and promoting other services to you that we believe shall be of interest to you. You represent and warrant that you either own Your Content or have a written licence or other valid permission from the applicable intellectual property rights owner(s) (for example, and without limitation, your photographer) to make Your Content available to us for use with the Services and on the Products you order.
Without limiting the general nature of the preceding paragraph, you acknowledge that we shall need to work with Your Content in order to provide you with the Services and the Product. For example, and without limitation, we shall copy, and may need to display and/or modify, as well as stream, upload, post, publish, display, email or otherwise transmit or use (hereinafter, “Transmit”) Your Content when making the Products, and we shall distribute Your Content when shipping the Products to you. By the licence granted above, you are giving us permission to do this and, because we are using Your Content to provide you with the Services and the Products, you shall not charge us any royalty. We will retain Your Content on our servers so that it will be available for your future use. This will make it easier for you to reprint entire orders or to use elements of Your Content to make Products for new orders, all without the need to upload Your Content again. We agree that our use of Your Content shall be limited to the scope of the Services and the Products that we provide. Rest assured that we will never use Your Content to market, promote or advertise the Services to others without your express written permission.
We reserve the right to reject any or all of Your Content if we determine, in our sole discretion, that Your Content is inappropriate or otherwise inconsistent with the exercise of good judgment. For example, and without limitation, we may reject any of Your Content should we believe that it falls within the Prohibited Uses of the Services set forth below.
Our Intellectual Property
You acknowledge and agree that the Services contain software and content (“Our Intellectual Property”) that is protected by copyright, patent, trademark, trade secret and/or other laws, regulations and rules and is owned by us and/or our licensors or affiliates.
Without limitation, unless otherwise designated, we own all of Our Intellectual Property, including, without limitation, all of the trademarks and logos used in connection with the Services (“Our Trademarks”). Nothing in these Terms and Conditions or otherwise grants any licence or right to use any of Our Trademarks. You may not delete, change or modify in any way the copyright, trademark or other intellectual property notices contained in the Services. All goodwill generated from the use of Our Trademarks shall inure to our exclusive benefit.
The use of prints, images or screen captures from the Services is limited to your personal, non-commercial use. You may not use any data mining, robots, scraping or similar data gathering or extraction methods in connection with your use of the Services. You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, or otherwise transfer any right in or to Our Intellectual Property.
Third-party Intellectual Property
Certain of the Services and the Products contain images, photographs, layouts, designs and other content that may consist of the copyrights, trademarks, service marks, trade names and other intellectual property of third parties (collectively referred to as “Third-party Content”). Third-party Content is provided for your convenience for the specific purposes for which we have provided it.
- You may not use Third-party Content for any other purposes whatsoever without prior express authorisation from its owner.
- Except solely as incorporated into a Product, or otherwise download it in its original, unaltered form outside the Service;
- In any manner that would violate the Prohibited Uses of the Services section of these Terms; or
- As a trademark, service mark, or logo.
Prohibited Uses of the Services
You are solely responsible for Your Content that you Transmit via the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms and Conditions, including, without limitation, removing any offending content from the Services, suspending or terminating any account of such violator(s) and reporting such violator(s) to appropriate legal authorities. As a condition for accessing and using the Services, you agree not to use the Services to:
- Transmit any content that (a) is unlawful, threatening, abusive, harassing, tortious, violent, defamatory, libelous, slanderous, vulgar, obscene, pornographic (involving minors or otherwise), hateful or abusive, or otherwise similarly objectionable, (b) portrays any person depicted therein in a manner that a reasonable person would find offensive or portrays any person [1] in connection with pornography, “adult videos,” adult entertainment venues, escort services, dating services, or the like, [2] in connection with the advertisement or promotion of tobacco products, [3] as endorsing a political party, candidate, elected official, or opinion, [4] as suffering from, or medicating for, a physical or mental ailment, or [5] engaging in immoral or criminal activities, (c) poses or creates a privacy or security risk to any person, (d) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes or any other form of solicitation, (e) characterizes any unlawful or immoral activity as acceptable, glamorous or desirable, (f) glamorizes the use or “hard-core” illegal substances or drugs, (g) denigrates or offends any ethnic, racial, sexual or religious group, or persons who are physically or mentally challenged, (h) makes inappropriate use of swastikas or other symbols of racism or intolerance and/or glamorizes the actions of Hitler or other individuals or groups advocating ethnic cleansing, genocide, the erasure or destruction of a country, civilization or ethnic group, or similar activities, (i) uses messages, marks or symbols that support cults or conspiracy theories that have been disproven or that are rooted, in whole or in part, in intolerance or (j) contains images or likeness of minors without the valid authority to do so;
- Harass another person in any way including, without limitation, using their email account, address or password, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Violate any applicable local, national or international law, regulation or rule;
- Transmit or make available any content that you do not have the lawful right to Transmit, that would infringe the intellectual or proprietary rights of any third party (including, without limitation, copyright, trade secret, trademark, service mark or patent rights), or that would violate any person’s right of privacy or publicity;
- Engage in any conduct that would interrupt, destroy, limit or harm the Services or enable you to gain unauthorised access to the Services, including, without limitation, by using viruses, Trojan horses, worms or malicious computer code, programs or files;
- Reproduce, copy, sell, or commercially use (including, without limitation, the right to access) the Services;
- Solicit personal information from anyone under the age of eighteen (18);
- Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means; or
- Further or promote any criminal activity or provide instructional information about illegal activities.
In case of any violation of the above Terms, and without limitation, we reserve the right to terminate your account and/or block you from accessing the Services and disclose any information if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests, (b) enforce these Terms, (c) respond to claims that any content violates the rights of third parties or (d) protect the rights, property, or personal safety of us, our users or the public.
Information You Provide
Any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”) provided by you to us are non-confidential, and we will be entitled to the unrestricted use and distribution of Submissions for any purpose, without acknowledgment or compensation to you.
Practices Regarding Use and Storage of Your Content
We may preserve Your Content and may also disclose Your Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests, (b) enforce these Terms and Conditions, (c) respond to claims that any content violates the rights of third parties or (d) protect the rights, property, or personal safety of us, our users or the public.
We may establish practices and limits concerning use of the Services, including, without limitation, the maximum period of time that data or other content is retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. We do not accept responsibility or liability for the deletion or failure to store any data or other content maintained or Transmitted by or to the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time, such time to be determined in our sole discretion. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Rewards
From time to time, we may make certain offers and/or functions available to you that we call “Rewards.” There are no membership fees associated with Rewards. Rewards are strictly promotional and have no cash value. In order to unlock an available Reward, you must select the Reward via the Rewards screen and complete the required action. For example, and without limitation, we may offer a number of free products or services to you if you complete a certain number of transactions in a limited period of time. Once unlocked, you may redeem or activate the Reward as long as it is available via your account. Each Reward is limited to one (1) per customer unless we expressly indicate otherwise. We reserve the right to change, modify and/or eliminate any and all Rewards, regardless of status (including, without limitation, Rewards that are available, unlocked or redeemed) at any time and in our sole discretion. Any changes, modifications or eliminations shall be effective immediately upon release of an applicable update to the Services, and you waive any right you may have to receive specific and/or prior notice of any such changes, modifications or eliminations. If you take any action that results in the unlocking and/or redemption of any Reward and such action is deemed incomplete or voided for any reason whatsoever, we may deduct, remove or eliminate the applicable Reward in our sole discretion. Your Rewards are personal to you and may not be sold, transferred or assigned to, or shared with others or used by you for any commercial purpose.
Promotional Offers
From time to time, we may make available to you certain promotional offers.
Free Shipping Offers are subject to the following Terms and Conditions:
- They apply only to orders shipped to a single address in the continental United Arab Emirates with any order over aed 300.
- They are limited to one discount per order and per customer, and cannot be combined with other discounts, offers or promotions.
- They have no cash value, and cannot be resold.
- If they have a minimum order requirement, the order value before tax must exceed the minimum order threshold for the offer to be activated.
- They do not apply to (a) any previous order(s), (b) express, priority, or overnight delivery, (c) taxes, (d) oversized items, (e) specially marked products, or (f) bulk or corporate purchases of ten (10) units or more.
- Except where required by law, they cannot be redeemed for cash, cheque, or credit.
- They do not affect normal retail prices (which are subject to change).
Discount Off Offers are subject to the following terms and conditions:
- They are limited to one discount per order and per customer, and cannot be combined with other discounts, offers or promotions.
- They have no cash value, and cannot be resold.
- If they have a minimum order requirement, the order value before tax must exceed the minimum order threshold for the offer to be activated.
- They do not apply to (a) any previous order(s), (b) shipping, care, handling or taxes, (c) specially-marked products; or (d) bulk or corporate purchases of ten (10) units or more.
- Except where required by law, they cannot be redeemed for cash, cheque, or credit.
- They do not affect normal retail prices (which are subject to change).
Percentage Off Offers are subject to the following terms and conditions:
- They are limited to one discount per order and per customer, and cannot be combined with other discounts, offers or promotions.
- They have no cash value, and cannot be resold.
- If they have a minimum order requirement, the order value before tax must exceed the minimum order threshold for the offer to be activated.
- They do not apply to (a) any previous order(s), (b) shipping, care, handling or taxes, (c) specially-marked products; or (d) bulk or corporate purchases of ten (10) units or more.
- Except where required by law, they cannot be redeemed for cash, cheque, or credit.
- They do not affect normal retail prices (which are subject to change).
Third-party Sites, Products & Services
You may enable various online services, such as social networking sites, to be directly integrated into your experience with the Services. In addition, from time to time the Services may include links to third-party sites, services and/or products that we think may be of interest to you. To take advantage of these features, we may ask you to register for, or log into, the services of their respective providers. By enabling third-party services within the Services, you are allowing and authorizing us (a) to pass your log-in information to these service providers for this purpose and (b) to receive information and content from such third-party services. Please remember that the manner in which third-party services use, store and disclose your information is governed solely by the policies of such third parties, and we do not accept any liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Services. We make no representations or warranties concerning such third-party sites, services or products, and, accordingly, do not accept liability for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party sites, services and/or products.
Cookies
Our websites use “cookies.” Cookies are small text files that reside on your device and identify you as a unique user. Cookies allow us to, among other things, measure activity and personalise your experience. For example, and without limitation, cookies enable us to remember your viewing preferences without requiring you to re-type a username or password. Cookies also allow us to track your status or progress when ordering Products from us. If you choose, you can set your device to reject cookies, or you can manually delete individual or all cookies on your device. However, if you reject or delete cookies, you may have some trouble accessing and using some of the pages and features on our websites. We also use other common information-gathering tools such as web beacons and embedded web links.
Payments
To the extent to which the Services and/or the Products or any portion thereof are made available for any fee or charge (including, without limitation, shipping and handling charges), you will be required to select a form of payment and provide us information regarding your credit card or other form of payment authorised by us. You represent and warrant that such information is true and correct and that you are authorised to use the selected form of payment. When you make a payment, you authorise us (and our designated payment processor(s)) to charge the full amount to the payment source you designate for the transaction. You shall promptly update your account information with any changes (for example, and without limitation, a change in your billing address or credit card expiration date) that may occur. You shall pay us all fees and charges incurred in accordance with the authorised form of payment and these Terms and Conditions. If you dispute any fees or charges, you will let us know within sixty (60) days from the date of invoice or otherwise charge you, and give us the opportunity to remediate any problem which you believe entitles you to dispute those fees or charges. You hereby grant us the right to fix any payment processing errors that we may discover, and the right to correct any such processing errors by debiting or crediting the payment method used for the transaction found to be in error.
Returns & Refunds
We want you to be 100% satisfied with your experience with the Services and the Products. If within the first thirty (30) days you are not completely satisfied with your order, we will either (a) provide a replacement in the case of a defect or (b) in all other cases, issue a complete refund, subject to the exceptions and restrictions listed below:
- Refunds are limited to amounts actually paid by you. This does not include the promotional value of any special offer or discount.
- In cases where a return/refund is due to your order arriving damaged or with a defect confirmed by us, we shall either (a) provide you with a prepaid return shipping label or (b) reimburse your cost of return shipping. For all other cases, return shipping costs are your responsibility. Shipping and handling charges may apply to Services and Products that are otherwise offered on a free or promotional basis.
- All orders receiving bulk/wholesale pricing are final, and no refund shall be provided except in the case of material damage or defect upon the arrival of your order. If the damage or defect cannot be verified over the phone or via email contact, you may need to return the item to us for inspection so we can determine whether a refund is due. Please be sure to request and carefully review digital proofs when placing a bulk/wholesale order.
In addition to the aforementioned satisfaction guarantee, we also offer a limited lifetime warranty against defective workmanship on all our canvas wall décor Products, if such defective workmanship causes a canvas wall décor Product to be unusable for its intended purpose in a way that did not exist in the first thirty (30) days after you received it. To make such a warranty claim, please contact us, either via our website, via the self-service tools that may be provided in the app tray or drawer if using one of our mobile applications, or by telephone if you are using one of the Services that provides for telephone support.
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT THE SERVICES AND THE PRODUCTS ARE PROVIDED “AS IS, AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND OTHER THAN AS SET FORTH IN THE RETURNS AND REFUNDS SECTION OF THESE TERMS AND CONDITIONS. WE HEREBY DISCLAIM ALL OTHER WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICES AND THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, THEIR QUALITY, AVAILABILITY, PERFORMANCE AND FUNCTIONALITY), (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, (C) THAT THE SERVICES SHALL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OPERATE ON OR WITH ANY PARTICULAR HARDWARE, PLATFORM OR SOFTWARE, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY, AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY US OR OUR REPRESENTATIVES WILL BE DEEMED TO CREATE A WARRANTY.
Limitation of Liability – General
WE WILL NOT BE LIABLE FOR NON-PERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF OUR CONTROL. IN NO EVENT WILL WE BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM (A) THE USE OF OR THE INABILITY TO USE THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (C) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR (E) ANY PERSONAL INJURY OR PROPERTY DAMAGE THAT MAY RESULT FROM THE USE OF ANY OF THE PRODUCTS. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC SERVICES OR PRODUCTS AT ISSUE DURING THE SIX (6) MONTHS PRIOR TO THE DATE ON WHICH THE BASIS FOR THE DISPUTE OCCURRED. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS AND CONDITIONS OR OUT OF THE SERVICES AND/OR THE PRODUCTS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THESE TERMS AND CONDITIONS AND, IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Limitation of Liability – Film, Prints and Negatives
WE STRONGLY SUGGEST THAT YOU DO NOT PROVIDE US WITH ORIGINAL DIGITAL FILES, FILM, PRINTS OR NEGATIVES WITHOUT RETAINING A COPY. IF YOUR DIGITAL FILES, FILM, PRINTS OR NEGATIVES ARE DAMAGED, LOST OR OTHERWISE NOT RETURNED, OUR SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE AS SET FORTH IN THE PARAGRAPH IMMEDIATELY PRECEDING THIS ONE.
Limitation of Liability – Data and Usage Restrictions
WE DO NOT ACCEPT LIABILITY IN ANY MANNER FOR ANY DATA OR USAGE LIMITS, CAPS OR RESTRICTIONS, OR ANY RATES OR CHARGES, APPLIED TO OR ASSESSED ON YOUR MOBILE DEVICE BY ANY THIRD PARTY THAT RESULT FROM YOUR USE OF THE SERVICES OR OTHERWISE. WE SUGGEST THAT, WHEN AVAILABLE, YOU USE YOUR MOBILE DEVICE WITH AN UNMETERED WI-FI CONNECTION IN ORDER TO MINIMIZE THE LIKELIHOOD OF ANY OF THE FOREGOING OCCURRING TO YOU.
Limitation of Liability – Photo Tiles Products
WE STRONGLY SUGGEST THAT YOU FOLLOW THE INSTRUCTIONS AND/OR WARNINGS PROVIDED OUR PRODUCTS, IF APPLICABLE, WHEN YOU RECEIVE THEM. IN PARTICULAR, BUT WITHOUT LIMITATION, WE WILL NOT BE LIABLE IN ANY MANNER FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY A PHOTO TILE SHOULD IT FALL OFF YOUR WALL, REGARDLESS OF WHETHER THOSE INSTRUCTIONS/WARNINGS WERE FOLLOWED.
Copyright and Other Intellectual Property Rights
We respect the intellectual property rights of others and ask you to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us (as Copyright Agent) with the following information, using the contact form provided on our website or in the app tray or drawer of the mobile application you are using, if available, as the case may be. (You may also contact us by mail at PRINTSHOP4ME, PO BOX 92496, DUBAI, UAE
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site, along with any links to the material at issue;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf;
- your address, telephone number, and email address; and
- an electronic or physical signature of the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice: If you believe that the content that was removed (or to which access has been disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to law to post and use the content, you may send a written counter-notice containing the following information to us (as Copyright Agent):
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the Central District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
If a counter-notice is received by us, we will send a copy of the counter-notice to the original complaining party/copyright owner, and may replace or restore access to the removed content in accordance with applicable law.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, the accounts of users who are deemed to be repeat infringers.
Termination, Deactivation and Suspension
You or we may terminate your account at any time. If you violate these Terms and Conditions, we also will have the right to deactivate or limit your access to the Services. You agree that any termination, limitation and/or deactivation may be effected by us without prior notice, and that we may immediately delete all related information, files and content in your account. We will not be liable in any manner for such termination, deactivation or limitation.
Special Notice for International Use; Export Controls
All software available in connection with the Services and the transmission of applicable data, if any, is subject to UAE export controls. No software may be downloaded from the Services or otherwise exported or re-exported in violation of UAE export laws. Downloading or using such software is at your sole risk, and you must comply with all international and domestic law, regulations and rules regarding your use of the Services.
Indemnification
You hereby release, indemnify and hold us and our parents, subsidiaries, affiliates, officers, directors, managers, employees, attorneys, representatives and agents, harmless from and against all claims, costs, damages, losses, liabilities, and expenses (including, without limitation, legal fees and costs), actions and damages of all kinds based on, arising out of or in connection with your use of the Services and/or the Products, your breach of these Terms and Conditions and/or your use of any third-party site, service and/or product . If you are a resident of California, you hereby waive California Civil Code Section 1542, which states that: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favour at the time of executing the release, and that if known by him would have materially affected his settlement with the debtor or released party.” If you are a resident of another jurisdiction, you hereby waive any comparable statute or doctrine.
Privacy Policy
The terms of our Privacy Policy are hereby incorporated by reference into these Terms and Conditions.
Waiver of collective or representative action and Agreement to Arbitration
OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THAT YOU AND WE MAY HAVE WITH EACH OTHER BY USING INDIVIDUAL ARBITRATION, WHICH IS FINAL AND BINDING. IN INDIVIDUAL ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND POTENTIAL FOR APPEALS REVIEWS THAN IN COURT. THIS ARBITRATION CLAUSE WILL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.
ANY DISPUTE OR CLAIM MADE BY YOU AGAINST US ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE SERVICE AND/OR YOUR PURCHASE AND/OR USE OF THE PRODUCT(S), REGARDLESS OF WHETHER SUCH DISPUTE OR CLAIM IS BASED IN CONTRACT, TORT, PRODUCTS LIABILITY, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY (COLLECTIVELY REFERRED TO AS A “DISPUTE”) WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AS DESCRIBED BELOW.
Either you or we will have the right to elect to initiate binding arbitration to resolve any Dispute by providing the other party with written notice of such election. You and we respectively hereby agree, and agree in the further to take all steps required, to waive the right to litigate any Dispute in court, be it by way of court trial, jury trial or class action, and agree that: (1) such arbitration shall be governed by the Consumer Arbitration Rules of the American Arbitration Association (the “Rules”), which are available here or by calling +1-800-778-7879; (2) the arbitration shall be conducted by one arbitrator appointed in accordance with the Rules; (3) the language of the arbitration will be English; (4) the arbitration shall be conducted near your place of residence; (5) we respectively hereby irrevocably consent and submit to exclusive personal jurisdiction and venue as such for the purposes of arbitrating any such action; (6) the arbitrator in such arbitration shall be without jurisdiction to conduct a class arbitration or other representative proceeding, and may not consolidate one person’s claims with another; (7) all issues of enforceability of this arbitration provision, including, without limitation, issues relating to scope, validity, and unconscionability, shall be decided by the arbitrator; (8) the entirety of any arbitration shall be confidential, and neither you nor we shall have any right to disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (9) payment of all arbitrator compensation, expenses, and administrative fees (which include, without limitation, filing and hearing fees) shall be governed by the Rules; (10) each of us shall bear our own fees and costs related to any arbitration, including, without limitation, the expense of our respective counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration; and (11) notwithstanding (9) and (10) above, the arbitrator shall have the right to re-allocate his or her compensation, expenses and/or administrative fees, as well as your and our fees and costs related to the arbitration, if he or she determines that a claim, defence and/or counterclaim was filed for purposes of harassment or is patently frivolous.
WHETHER IN INDIVIDUAL ARBITRATION OR COURT, YOU AND WE EACH WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR OTHER REPRESENTATIVE ACTION. YOU AND WE MAY EACH SEEK RELIEF ONLY ON OUR OWN BEHALVES, AND ONLY TO THE EXTENT NECESSARY TO REMEDY INDIVIDUAL CLAIMS. THIS WAIVER OF COLLECTIVE OR REPRESENTATIVE ACTION IS A MATERIAL AND ESSENTIAL PART OF THIS ARBITRATION PROVISION.
In the event that this arbitration provision is found to be invalid, illegal or unenforceable, a modified provision shall be substituted that carries out as nearly as possible your and our original intent as evidenced solely by the language above, and the validity, legality and enforceability of any of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired thereby. If for any reason this arbitration provision is deemed inapplicable, invalid, illegal or unenforceable, you and we each hereby waive, to the fullest extent allowed by law, any right to a jury trial, any right to recover punitive or exemplary damages, and any right to pursue any claims on a class, collective, or consolidated basis or in a representative capacity.
Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Miscellaneous
We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting here. Any updates, new services or modifications of existing services shall be governed by these Terms and Conditions. The continued use of the Services following the posting of changes to these Terms and Conditions constitutes your acceptance to such changes. We strongly encourage you to periodically review these Terms and Conditions. All prices and features of the Services and the Products are subject to change without notice.
We reserve the right to modify, discontinue or suspend, temporarily or permanently, any of the Services (or any part thereof) and/or the Products, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, discontinuance or suspension of any of the Services or the Products.
Any communication we receive from you shall be considered NOT to be confidential (other than information we may agree to keep confidential under our Privacy Policy). By sending us any information (other than information we may agree to keep confidential under our Privacy Policy) you grant us a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable licence to reproduce, prepare derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise use and exploit that information.
These Terms and Conditions constitute the entire agreement between you and us governing your use of the Services and the Products. If there is any conflict or inconsistency between these Terms and Conditions or any other terms or conditions available elsewhere regarding the Services and/or the Products, these Terms and Conditions shall prevail and be given precedence.
The waiver of any right under these Terms and Conditions shall not operate as past, present or future waiver of that right or of any other right. No waiver shall be effective in any case unless acknowledged and agreed to by us in writing.
In the event that any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, a modified provision shall be substituted that carries out as nearly as possible your and our original intent as evidenced solely by the language of these Terms and Conditions, and the validity, legality and enforceability of any of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired thereby. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or the use of the Services. We have the right to assign any or all of our rights and obligations under these Terms and Conditions at any time; however, all rights that you may have under these Terms and Conditions or otherwise in and to the Services may not be assigned by you.
Nothing contained in these Terms and Conditions shall be deemed to create, or be construed as creating, any third-party beneficiary right of action upon any third party, in any manner whatsoeveR