Terms of Service – v1.1
Acceptance of these Terms
When we refer to user, your and you, we mean users of our services, programs, websites and digital platforms managed and operated by us or on our behalf (our Services).
The following terms (Terms) define the relationship between us and the users of our Services:
these Terms of Service; and
any Service-Specific Terms.
By using our Services, you are agreeing to comply with these Terms.
Who can use our Services?
You must be at least 18 years old to use our Services.
If you are under 18 years of age, you may only use our Services with the express permission of your parent or legal guardian. If you are a parent or legal guardian and you permit your child to use our Services, then these Terms apply to you and you are responsible for your child’s activity at all times when using our Services.
Using our services on behalf of an organization
If you are accepting these Terms and using the Services on behalf of an organisation, such as a government entity, private business, charity, non-profit or school, you represent and warrant that you are to do so, and have the right to bind the organization to these Terms.
You agree that any information provided by you to us in using our Services (including in relation to your User Account) is correct, accurate and not misleading.
You may need to create a User Account to use our Services. The User Account is our single sign-on and profile management service allowing you to log in to use our Services.
You are solely responsible for keeping your User Account secure and confidential while you use our Services.
include Content that we own and make available to you;
may give you the opportunity to upload, submit, store, send, receive or share your Content with us and other users; and
may give you access to Content belonging to a third party individual or organization.
In these terms:
Content means text, documents, statements, posts, photographs, videos, drawings, files, website addresses (URLs), questions, answers, contact details, and any and all other information and materials of any nature whatsoever in any form or format; and
Intellectual Property Rights means any and all current and/or future intellectual property rights, including all forms of copyright and authors rights (including any and all rights that may be considered financial rights provided under United Arab Emirates Federal Law No. 7 of 2002), computer and software code, scripts, patents, design elements, graphics, logos, interactive features, artwork, text communication, brand names, trademarks, service marks, rights in trade dress or get-up, goodwill, domain names, URLs, know-how, trade secret, rights to sue for passing off, unfair competition rights and moral rights.
Our Content and Third Party Content
The Content we make available to users in relation to our Services is for information purposes only and should not be relied on as advice.
Our Services may include Content belonging to third parties, including links of, or from, third parties and external websites or other digital platforms. We do not endorse or guarantee the accuracy, reliability or appropriateness of any Content belonging to a third party that is uploaded to, linked to or posted to the websites or other digital platforms made available by us to users in relation to our Services.
You acknowledge that by using our Services you may be exposed to Content that is inaccurate or unreliable. The use of our Services and your reliance on the Content is entirely at your own risk.
We are not responsible or liable for the conduct of any user of our Services and we assume no responsibility or liability for any lack of disclosure of data, mistakes, misstatements of law, defamation, libel, omissions, opinions, representations or anything else contained in any Content or anything else that is provided or made by us (including under any of our Services) or any third party in connection with our Services, including but not limited to any user generated content, newsletters, marketing campaigns, advertisements, announcements, notifications, articles, blog posts, programs, community discussions and event listings.
We reserve the right to monitor, remove, alter or update Content, including Content made available by users of our Services to other users or third parties.
You may not make your Content available to us, other users or third parties when using our Services if:
- the Content violates the Terms;
- you do not own or have the necessary rights to share the Content;
- the Content is unlawful, misleading or fraudulent; or
- the Content infringes or violates someone else’s Intellectual Property Rights.
You accept that, unless we expressly allow you the opportunity to confirm otherwise, such Content will not be considered confidential.
You retain ownership of all rights in your Content, but you hereby grant to us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, fully paid up and royalty-free, worldwide right and licence to store, copy, adapt, share, publish, distribute and otherwise use your Content, including the right to sublicence such Content to third parties and any relevant external digital platforms who need such Content to allow you to access their digital platforms through your User Account, for any purpose connected with the provision of our Services and incidental to the exercise of the rights granted by you to us under these Terms. You are solely responsible for securing and backing up your Content. We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our, their or any other third party’s digital platform infringes their intellectual property rights or right to privacy.
We reserve the right to pre-screen, refuse or remove any Content made available by you or any third party from our Services at any time at our discretion, without notice or reason.
You understand and agree that we may retain server and backup copies of any of your Content even if you have altered, removed or deleted your Content from public display.
Please note, if you access, or are transferred to, any other digital platforms through your User Account or when using our Services, other digital platforms are likely to have separate service/use and privacy terms which you may need to abide by and accept before obtaining access.
- have registered for a User Account or accessed our Services via a link or connection (including plug-ins or like applications) from another digital platform (including social media platforms), we may have no control over such links, connections (including plug-ins or like applications), information or digital platform; or
- access any digital platform owned or operated by a third party (including social media platforms) via our Services, we have no control over such third party digital platforms,
and we are not responsible or liable for its Content and make no representations about (or in any way endorse) any material or services available at or from such digital platforms (including login or registration access).
Such link or connection (including plug-ins or like applications) or access to such third party digital platforms does not imply sponsorship, affiliation or endorsement by us of any third party or any other digital platform.
We do not in any way guarantee that such links or connections (including plug-ins or like applications) or third party digital platforms will be up to date, free from any errors, inaccuracies or omissions or be fit for any purpose.
Notification of Objectionable Content and Take Down
If you wish to object to any Content that can be accessed when using our Services, please contact us via our contact page. In doing so, you should: (i) clearly identify the Content objected to; (ii) explain the basis for your objection; (iii) describe the action you request we take in relation to such Content; and (iv) provide your full contact details to enable us to contact you and to act appropriately upon any such objection.
We will in all reasonable cases attempt to investigate objections and, where appropriate, remove the relevant Content.
As explained in these Terms, we are not in any way liable for any third party service providers and the Content they make available to you.
Intellectual Property Rights
We own or are the licensee of all Intellectual Property Rights in our Services, including in the digital platforms which we provide access to and the Content which we make available to you, all of which are protected by the United Arab Emirates and international copyright, trade mark and/or patent laws and treaties. All such rights are reserved. All trade marks, service marks and trade names are owned, registered and/or licensed by us. You are not permitted to make any use of any of our trade marks, services marks or trade names.
You may not, except with our express written permission, copy, reproduce translate, distribute or commercially exploit any of our Services, including our Content.
Enforcement and protection of Intellectual Property Rights
If we discover that you have used any part of our Services or our Content or Content of any third party in contravention of these Terms or otherwise infringed our Intellectual Property Rights, we and any of our affiliates may, to the fullest extent permitted by law, bring legal proceedings against you, seek monetary damages and an injunction, or any other remedies available to us. You could also be ordered to pay legal fees and costs.
If you become aware of any use of our Services or Content that contravenes or may contravene these Terms, you agree to immediately report this to us via our Reach Us page.
In consideration of you agreeing to abide by these Terms, we hereby grant to you a non-exclusive, non-transferable, revocable right and licence to: (i) access and use our Services and Content in accordance with these Terms; and (ii) print Content from our digital platforms for your own personal and non-commercial use. You must not modify any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You acknowledge and agree that the rights to access and use our Services are licensed to you, and that you have no rights in, or to, our Services other than the right to access and use our Services in accordance with these Terms. All other rights are expressly reserved by us.
You acknowledge and agree that, in respect of any Content made available to you directly by a third party when using our Services, unless such Content is generally made available to all users of our Services by such third party we may not hold the necessary rights to allow you to use such Content and it remains your responsibility obtain all necessary rights and licences before using such Content.
You shall not gain or attempt to gain any access to any aspect of our Services or any Content which you are not authorised to access under these Terms or as otherwise specified by us.
You may use our Services and our Content subject always to these Terms. You agree in relation to our Services and the Content:
- not to copy them, except where such copying is incidental to normal use, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify them;
- not to make alterations to, or modifications of, the whole or any part of them, or permit them or any part of them to be combined with, or become incorporated in, any other programs;
- not to alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels contained within them;
- not to disassemble, decompile, reverse-engineer, or otherwise attempt to gain access to the source code of them or create derivative works based on the whole or any part of them or attempt to do any such thing;
- not to provide or otherwise make them available in whole or in part (including object and source code), in any form to any person without prior written consent from us;
- not to use them in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into any of them or any operating system;
- not to infringe our Intellectual Property Rights or those of any third party in relation to your use of them (to the extent that such use is not licensed by these Terms);
- not provide or publish any Content or information that:
- infringes the Intellectual Property Rights of DFF or any third party;
- defames others, is obscene, abusive, discriminatory, offensive, hateful or inflammatory; and/or
- promotes or incites violence or illegal activities;
- not to collect or harvest any information or data from them or our systems or attempt to decipher any transmissions to or from the servers running them; and
- not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind in relation to, or in connection with, them.
No Unlawful or Prohibited Use
You agree not to in any way make use of our Services and/or any of the Content in any unauthorised manner or in violation of any local, federal or international law or regulation.
We reserve the right to revoke or restrict your access to our Services at any time and for any reason whatsoever.
We provide our Services “as is”, and we make no promises or guarantees about the Services. Please read this section carefully.
ESR Lab LLC provides the Services, Content and any other products, services, information obtained through our Services and your User Account “as is” and “as available”, without warranty of any kind. Without limiting this, we expressly disclaim all warranties (whether express or implied) and representations regarding the Services including without limitation any warranty as to its reliability, accuracy, quality, merchantability, availability, timeliness, security or be fit for purpose and meet your needs.
We also do not make any guarantees that the Content used to provide our Services will be up to date and we are under no obligation to update such Content and have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other information maintained or transmitted by our Services.
We may update our Services from time to time, including in accordance with these Terms, and during that period you may not be able to use all or part of the Services.
We shall not be held liable or responsible for any matter or issue arising out of or in connection with your use of the Platform or Content provided on any forum on the Platform.
Liability and indemnification
The use of our Services, your User Account and Content is entirely at your own risk.
To the extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or Content of any third party on the Services, including without limitation, any defamatory, offensive, misleading or illegal conduct of other users or third parties; (iii) any Content obtained and relied on from the Services; (iv) any on-boarding process for our Services or User Account; or (v) unauthorised access, use or alteration of your Content.
Your sole and exclusive remedy, whether financial or otherwise, for any form of dissatisfaction with our Services, your User Account or Content (including our failure to provide our Services) is to stop using our Services, User Account and Content.
We will not be liable for any loss or damage caused by any virus, distributed denial-of-service attack or other technologically harmful material that may affect or infect your computer, equipment, computer programs, data, tablet or mobile devices or other proprietary material due to your use of our Services, User Account or to your downloading of Content or the use or downloading of any information or materials of any other website or digital platform linked to our Services or by reason of any disclosure of such material or data by any third party.
You agree to defend, indemnify and hold us, and our affiliates, officers, directors, employees, representatives, successors, assigns and agents (and their licensors, advertisers, suppliers, and operational service providers) harmless from and against any and all claims, expenses, costs, actions, demands, liabilities, judgments and settlements (including reasonable legal fees) resulting from or alleged to result from your use of the Services, User Account, the Content and/or any breach of these Terms.
We reserve the right to assume the exclusive defence and control of any demand, claim or action arising under or in connection with the Services, User Account or Content and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defence of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
Neither we, nor any of our affiliates, assume liability or responsibility for any Content or services supplied by you or any third party nor for the Content of any other website or digital platform linked or carrying a link to our Services.
We reserve the right to collect and use anonymous non-personal information relating to your use of our Services, including to anonymously track and report to our third party statistical service providers your activity involving our Services to monitor the performance of our Services.
You consent to us collecting and using your technical information, including the software, hardware and peripherals, to improve our Services and to allow for the provision of our Services to you.
Termination of Use
Except where stated otherwise in these Terms, we may terminate or suspend your access to and use of our Services via your User Account at any time, without notice and for any reason.
In the event of termination, you will no longer be authorised to access or use our Services or your User Account. We reserve the right to use any means available or necessary to enforce such termination.
About these Terms
We reserve the right to make changes to these Terms without notice and without liability to you at any time. Updated versions of these Terms will replace the existing version and are effective immediately.
You are responsible for regularly reviewing these Terms and by continuing your use of our Services following any modifications to these Terms, you will be deemed to have accepted any such modifications.
Except as otherwise stated in these Terms, these Terms do not create any legal rights for other people or organisations.
If there is any conflict or inconsistency between:
- these Terms of Service and any Service-Specific Terms, then the Service-Specific Terms shall take priority over these Terms of Service.
In these Terms, any words that precede or follow the words including, include, in particular or for example or any similar phrase shall be illustrative only and shall not limit the generality of the related general words.
Not all of our Services will be available outside of the United Arab Emirates.
Governing law and jurisdiction
These Terms and your use of our Services are governed by and shall be construed in accordance with the laws of the Emirate of Sharjah and, where applicable, the Federal Laws of the United Arab Emirates. Such laws will govern these Terms, without giving effect to any principles of conflicts of laws.
You hereby irrevocably submit to the jurisdiction of the Courts of the Emirate of Sharjah in relation to all disputes arising out of or in connection with our Services and these Terms.
If any provision of these Terms are, or are found to be, unenforceable under any applicable law, that will not affect the enforceability of the other provisions of these Terms.
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