TERMS OF USE AGREEMENT

TERMS OF USE AGREEMENT

 

Updated On [01/01/2019]

 

Say N' See FZ-LLC and its affiliates and subsidiaries, hereinafter "us", "we", or "our", manage and operate the www.etbilarabi.com website and related social media accounts including but not limited to Facebook and YouTube and makes the same or similar content available to mobile users. (collectively, the "Services").

 

These Terms of Use Agreement along with our Privacy Policy  (collectively, the “Terms”) govern your use of the Services.

 

PLEASE REVIEW THESE TERMS CAREFULLY.

BY ACCESSING OR USING ANY OF PART OF THE SERVICES, YOU ACCEPT THESE TERMS AND AGREE TO BE LEGALLY BOUND BY THEM.

 

ACCEPTANCE OF TERMS AND REPRESENTATIONS

By accessing or using any part of the Services, you agree to be bound by these Terms and any future amendments to it as published through the Services.

If you do not agree to be bound by these Term, you may not access or use the Services.

 

PRIVACY POLICY; SUPPLEMENTAL TERMS; AMENDMENTS AND MODIFICATIONS

The terms and conditions of our Privacy Policy also applies when you use the Services. Our Privacy Policy, among other matters, describes the type of information we may obtain when you use the Services, how we use and when we might disclose such information, as well as how you can manage your personal data.

Your access and use of the Services may also be subject to additional terms, conditions and policies that we may post on the Services separately ("Supplemental Terms") and which are incorporated by reference into these Terms. Some of the features you may access through the Services are provided by third parties and are subject to such thirty parties own independent terms of use (“Third Party Terms”).  By accessing or using such third party features, you agree that your relationship with the related third party will be governed by the applicable Third Party Terms.

We reserve the right to make changes to our practices and these Terms at any time. If we modify our Terms, we will post the changes in the Services and indicate at the top of the Terms the last date on which it was updated.  Your access or use of the Services after any such changes constitute your agreement to such changes.

 

INTELLECTUAL PROPERTY AND LICENSE

The Services, including but not limited to audio and video materials, still pictures, graphics, text, designs, software, logos, marks, data and any other content associated with the Services (“Content”) are protected by intellectual property and other laws throughout the world.

You shall comply at all time with all such laws as well as to any copyright, trademark or other legal notices or restrictions. 

We, our licensors and other third suppliers (as the case may be) own the rights in and to the Content.

As between you and us, we retain all right, title and interest in and to the Services and the Content.  Your use or access to the Services and/or Content shall not constitute any transfer of ownership of the Content or any part thereof.

You are only permitted to access the Services and to view the Content for personal, non-commercial purposes and in accordance with the terms and conditions under these Terms.

Except as expressly authorized by us, you shall not (i) download, stream, capture, store, archive or otherwise copy or reproduce any part of the Services or Content in any form or by any means; (ii) upload, sell, license, rent, post, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content in any media or by any means whatsoever; (iii) in any way exploit any part of the Services or Content whether for profit or not; (iv) modify, translate, adapt, create derivative works of, disassemble, decompile or reverse engineer any part of the Services or Content; (v) use any software, device or processes to scrape or download any type of data or Content from the Services; (vi) maintain any link to the Services or otherwise frame the Services or Content, make the Services or Content available via in-line links, display the Services or Content in connection with an unauthorized mark or logo, or do anything that could misleadingly suggest any type of relationship between us, our licensors and/or any third party; (vii) remove, alter or destroy any copyright or trademark notices contained on or in the Services or Content; (viii) use the Services or Content for unlawful purposes, interfere in any way whatsoever with the Services or otherwise use the Services in any way not expressly permitted by these Terms.

We reserve all rights to seek any and all remedies and to take any other action permitted b by law in case you violate this Terms.

 

MARKS

The “ET”, “ET Bilarabi” and “Entertainment Tonight” names and logos used on or in connection with the Services are the propriety of our licensor, CBS International Television (and its affiliates); other names, logos, trademarks, service marks and trade names that may appear on or in the Services are either our property or the property of their respective owners.

Any such  names, logos, trademarks, service marks and trade names shall not be used in any manner whatsoever without permission including without limitation in connection with any third party content, products or services.

 

THIRD PARTY LINKS

The Services may contain links to third party services, such as but not limited to third parties’ ads, websites, or applications ("Third Party Links"). We do not control and are not responsible for Third Party Links. We do not review, endorse, approve, monitor, warrant, or make any representations of any nature whatsoever with respect to any Third Party Links, or any content, products or services accessible through such Third Party Links. Your access and use of any Third Party Links shall be at your own risk.

 

INDEMNIFICATION

You agree to indemnify and hold us and our licensors, suppliers, vendor, contractors  and our and their affiliates, shareholders, officers, directors, employees, and agents harmless from any claim or demand made by any third party, costs (including attorney’s fees), damages, liabilities, expenses or obligations of any kind, in connection with or arising out of (i) your use of the Services or Content, (ii) your violation of these Terms; or (iii) your violation of any applicable law or regulation.

 

DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY AND NON-INFRINGEMENT ARISING FROM THE USE OF THE SERVICES. WE MAKE NO WARRANTY OR REPRESENTATION THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

LIMITATION OF LIABILITY

IN NO EVENT WE, OUR LICENSORS, SUPPLIERS, VENDOR, CONTRACTORS  AND OUR AND THEIR AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT OR IN TORT, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOSS OF PROFIT, DATA LOSS, COSTS ARISING FROM OR RELATING TO THESE TERMS, YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE).

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR LIABILITY AND THE LIABILITY OF OUR LICENSORS, SUPPLIERS, VENDOR, CONTRACTORS AND OUR AND THEIR AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS, FOR ANY CAUSE WHATSOEVER, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU HAVE PAID US FOR USING OR ACCESSING THE SERVICES (IF ANY) IN THE 3 (THREE) MONTHS PRECEDING THE RELEVANT CLAIM.

 

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that Content posted on the Services infringes your copyright, please send us a notice to the following contact information:  

Say N' See FZ-LLC

2nd floor, Loft 3, Entrance B, office 206

19thFloor, Weaver’s Center

Dubai Media City,

Dubai, UAE

support@etbilarabi.com

 

Your notice shall include the following:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright allegedly infringed; and

a description of the copyrighted work that you claim has been infringed; and

a description of the location on the Services of the material that you claim is infringing;

your address, telephone number and e-mail address; and

a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; and

a written statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are otherwise authorized to act on behalf of the copyright owner.

 

ELECTRONIC COMMUNICATIONS

For contractual purposes, you consent to receive communications from us in electronic form and you agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that we provide to you electronically will have the same legal effect that they would have if they were set forth in “writing”.

 

SEVERABILITY

In the event that any of the terms or provisions contained in these Terms are determined to be invalid or unenforceable to any extent, then such term or provision shall not invalidate and in any way affect the validity or enforceability of the remainder of these Terms.

APPLICABLE LAW AND JURISDICTION

These Terms and any and all claims between you and us arising out of or related to your use of the Services shall be governed by and construed in accordance with the laws of the United Arab Emirates.

Any and all disputes arising out of or in connection with these Terms shall be finally settled by the competent courts of Dubai, United Arab Emirates.  

Notwithstanding the foregoing, we shall have the right to seek injunctive or other equitable relief from any court of competent jurisdiction.

 

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties relating to the subject matter of it, superseding all prior agreements or undertakings, oral or written.

 

Our contact information:

Say N' See FZ-LLC

2nd floor, Loft 3, Entrance B, office 206

19thFloor, Weaver’s Center

Dubai Media City,

Dubai, UAE

support@etbilarabi.com