x Abu Dhabi, UAEThursday 23 November 2017

Terms & Conditions

The National – Terms and Conditions


CONTENT

International Media Investments FZ LLC will use reasonable efforts to include accurate and up-to-date information on the Website. However, by accessing or linking to the Website, you assume the risk that the Website and the content it contains, or may in the future contain, may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
International Media Investments FZ LLC assumes no obligation to update the content.


CHANGES TO THESE TERMS OF USE

International Media Investments FZ LLC reserves the right, at our complete discretion, to modify these Terms of Use at any time and such modification shall become effective by posting the modified terms on the Website. It is your responsibility to check periodically for any modifications we may make to these Terms of Use. Your continued use of the Website will be deemed acceptance of the modified Terms of Use or any other policies of International Media Investments FZ LLC, which are relevant to the use of the Website. If you do not agree to the modified Terms of Use you may not access or use the Website and must cease using the Website immediately.


THIRD-PARTY WEBSITES AND LINKS

The Website may contain links or references to other websites maintained by third parties over whom International Media Investments FZ LLC has no control. International Media Investments FZ LLC is not responsible for the privacy practices or content of those sites. Similarly, the Website may be accessed from third-party links over which International Media Investments FZ LLC has no control. International Media Investments FZ LLC makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third-party link does not imply an endorsement or recommendation by International Media Investments FZ LLC.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

The Website is controlled and operated by International Media Investments FZ LLC. All material on the Website, including, but not limited to, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by International Media Investments FZ LLC, its related companies or by other parties that have licensed their material to International Media Investments FZ LLC.

Material on the Website is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, exchanged, modified, uploaded, posted, transmitted, stored or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of International Media Investments FZ LLC. Use of the material on any other website or networked computer environment, or use of the material for any purpose other than personal, non-commercial use is a violation of International Media Investments FZ LLC's copyrights, trademarks and other proprietary rights, and is prohibited
Use of material in contravention of this Clause may result in civil or criminal liability.


CONTRIBUTIONS TO INTERNATIONAL MEDIA INVESTMENTS FZ LLC

  • Unacceptable Content

The Website may contain discussion forums, bulletin boards, video and photograph boards, review services or other forums in which you or third parties may post contributions, both current and historical, including reviews, messages, materials or other items on the Website ("Interactive Areas"). Where International Media Investments FZ LLC provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and may only use them at your own risk.

By using any Interactive Areas, you expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:

  • Any message, data, information, text, music, sound, photographs, videos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, racist or otherwise objectionable;
  • Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • Content that contravenes the laws of the United Arab Emirates by:
    • abusing an Islamic holy shrine or ritual, including (without limitation)where such shrine or ritual is protected under the Islamic Sharia (religious) law; and
    • defaming any of the divine religions, including an act or theme which is blasphemous and/or defamatory to Arabs or any Muslims as an individual or a group or to any Arab or Muslim head of state, royal family and/or national symbol (for example the flag);
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Content that involves unsolicited promotions, political campaigning, advertising or solicitations, including Content that involves the transmission of junk mail, chain letters or unsolicited mass mailing, instant messaging, spinning or spanning or provides links to other websites or webpages;
  • Content that includes the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Content that includes viruses, corrupted data or other harmful, disruptive or destructive files;
  • Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
  • Content that breaches these Terms of Use or International Media Investments FZ LLC's Privacy Policy; or
  • Content that, in the sole judgment of International Media Investments FZ LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose International Media Investments FZ LLC or its affiliates or its users to any harm or liability of any type.

Although International Media Investments FZ LLC has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, International Media Investments FZ LLC reserves the right, and has absolute discretion, to remove, screen or edit, without notice, any Content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Website at your sole cost and expense.

Any use of the Interactive Areas or other portions of the Website in violation of the foregoing terms violates these Website Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.

In order to:

  • cooperate with legitimate governmental requests, order of a court of competent jurisdiction or pursuant to any written law;
  • to protect International Media Investments FZ LLC's systems and customers; or
  • to ensure the integrity and operation of International Media Investments FZ LLC's business and systems, International Media Investments FZ LLC may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addresses and traffic information, usage history, and posted Content. International Media Investments FZ LLC's right to disclose any such information shall govern over any terms of International Media Investments FZ LLC's Privacy Policy.
  • Right to Use

By posting or distributing Content to or through the Website, unless we indicate otherwise, you

  • grant International Media Investments FZ LLC and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised;
  • grant International Media Investments FZ LLC and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and
  • represent and warrant that you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Website;
  • such Content is accurate and not misleading; and
  • use and posting or other transmission of such Content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity; and
  • You further grant International Media Investments FZ LLC the right to pursue at law any person or entity that violates your or International Media Investments FZ LLC's rights in the Content by a breach of these Terms of Use.

Content submitted by users will be considered non-confidential and International Media Investments FZ LLC is under no obligation to treat such Content as proprietary information.

Without limiting the foregoing, International Media Investments FZ LLC reserves the right to use the Content as it deems appropriate.

International Media Investments FZ LLC is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to International Media Investments FZ LLC. International Media Investments FZ LLC shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

If it is determined that you retain any moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by International Media Investments FZ LLC or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release International Media Investments FZ LLC and its licensees, successors and assigns, from any claims that you could otherwise assert against International Media Investments FZ LLC by virtue of any such moral rights.


COMPETITION AND VOTING TERMS AND CONDITIONS

International Media Investments FZ LLC may from time to time run competitions, free prize draws and/or other promotions (together "Competitions") on the Website. Such Competitions will be subject to:

  • the specific terms and conditions for Competitions contained in these Terms of Use, including (but not limited to) those terms and conditions contained within Clauses 6.1,6.2,6.3,and 6.4;
  • the standard Website Terms of Use;
  • the International Media Investments FZ LLC Privacy Policy; and
  • any other specific rules for the Competition which may be mentioned or available on the Website
    the "Competition Terms and Conditions".

By participating in any Competition you acknowledge that you have read, understood and agree to the Competition Terms and Conditions. If you do not agree with the Competition Terms and Conditions then you may not participate in the Competition.

  • Changes to Competition Terms and Conditions

International Media Investments FZ LLC reserves the right to cancel, suspend or amend the Competition Terms and Conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or by order of any government or governmental authority or any other event outside International Media Investments FZ LLC's reasonable control. Any changes will be posted on the Website. It is your responsibility to ensure that you review these Competition Terms and Conditions regularly to familiarize yourself with any changes.

  • Entrance to Competitions

Entrance to a Competition will be subject to the specific rules for participation which may be mentioned or available on the Website. Failure to observe such rules will deem any entry invalid and any prizes and/or gifts will be forfeited. Neither International Media Investments FZ LLC nor their servants or agents makes any representations, express or implied, as to the lawfulness of any participants entry.

The Competition will be valid for the time period specified on the Website, as may be extended by International Media Investments FZ LLC in its sole discretion.

Participants must be 21 years of age or older at the time of entry to be eligible, unless otherwise specified by International Media Investments FZ LLC. Neither International Media Investments FZ LLC nor their servants or agents makes any representations, express or implied, as to the lawfulness of any participant's entry.

Employees of International Media Investments FZ LLC, and members of their immediate families or households and any of International Media Investments FZ LLC's group companies, subsidiaries and/or agencies associated with this Competition, including the providers of any prizes and/ or gifts and the sponsor of the competition (where applicable) and members of their immediate families or households are not eligible to enter the Competition. Any such entries will be invalid.

For the avoidance of doubt, under no circumstances will International Media Investments FZ LLC be liable to reimburse anyone for any expenses incurred in participating in a Competition, nor will any refunds be made for the cost of participating in any Competition.

You will be required to register certain details in order to participate in the Competition. You agree that all information and details provided are true, accurate and up to date in all respects and at all times. International Media Investments FZ LLC reserves the right to ask for proof of age and evidence to verify the identity of entrant participant at any time and may use any channels and methods available to carry out checks of any details provided.

By participating in a Competition you accept that International Media Investments FZ LLC may use your personal information for its own purposes including but not limited to fulfilling your requests for products and services, contacting you, conducting research, and sending you marketing email and SMS messages from the brands associated with the Competition..

  • Competition Prizes

Each participant in a Competition will be entitled to one prize/gift per person unless otherwise stated.
The winner(s) will be selected in accordance with the information specified on the Website.
The winner(s) will be notified, as soon as reasonably practical after the winning entry has been selected, or within such other time period as may be specified on the Website, on the phone number or email address provided when participating in the Competition.

The winner will have a specified fixed time period in which to claim the prize/gift. Failure to respond within the fixed time period as specified and/or provide an address for delivery of the prize/gift (where applicable) may result in forfeiture of the prize/gift and International Media Investments FZ LLC reserves the right to offer the prize/gift to the next eligible participant and thereafter until a winner is found.

Where applicable and subject to the above, International Media Investments FZ LLC endeavors to deliver the prize/gift to the winner at a time and place suitable to the winner, within a reasonable time period after the notification of the winner, unless otherwise specified. Delivery restrictions may apply.

All winners are required to co-operate with International Media Investments FZ LLC's photographers or reporters to publicise their win as International Media Investments FZ LLC deems appropriate. Failure to comply with this requirement may result in forfeiture of the prize/gift.
International Media Investments FZ LLC and its appointed representatives may refuse to provide a prize/gift, or seek its recovery, in the event of:

  • any non-entitlement under these Competition Terms and Conditions;
  • a participant's breach of these Competition Terms and Conditions; or
  • fraudulent or dishonest behavior by the participant, including but not limited to the use of technology which enables an entrant to evade charges or be involved in fraudulent voting or giving false information when entering the competition.

International Media Investments FZ LLC and its appointed representatives reserve the right in their sole discretion to delay notification of the winner(s) or delay or withhold the collection or delivery of the prize/gift until proof of eligibility and identity has been confirmed or to disqualify the participant from the Competition.

Prizes/gifts are non-negotiable and no cash equivalent (where applicable) or alternative prize/gift will be given and all prizes/gifts are non-transferable and non-exchangeable. However, International Media Investments FZ LLC reserves the right to change the prize/gift due to circumstances beyond its control or to offer an alternative prize of similar value.

Actual prizes/gifts may differ from the details shown anywhere during the Competition. Graphic depictions of prizes/gifts shown may not exactly match the finally delivered prizes/gifts and are only meant to be indicative representations.

Where the prize/gift involves the winner travelling, the winner (and their companion(s) if applicable) may be required to hold a valid passport and/or other necessary travel documentation and visas. Where the prize necessitates travel on a specific date, the winner (and their companion(s) if applicable) must be able to travel on the date specified by International Media Investments FZ LLC and the sponsors and no alternative dates will be available. Where the prize involves travel on a date and/or destination to be chosen by the winner, the date and/or destination chosen is subject to availability and International Media Investments FZ LLC and the sponsors reserve the right to include a final date by which the prize must be taken. The winner is solely responsible for all insurance, applicable taxes and for any costs, expenses and charges not specified in the prize/gift description or the Competition information. Prizes are subject to the Competition terms and conditions of the manufacturer or supplier.

  • Voting Terms and Conditions

International Media Investments FZ LLC may from time to time invite participants to submit a vote on the Website ("Vote "or "Voting") Such Vote will be subject to:

  • The specific terms and conditions for Voting contained in these Terms of Use, including (but not limited to) those terms and conditions contained within Clauses 6,5,6.6 and 6.11;
  • the standard Website Terms of Use;
  • the International Media Investments FZ LLC Privacy Policy; and
  • any other specific rules for Voting which may be mentioned or available on the Website

By participating in any Vote you acknowledge that you have read, understood and agree to the Voting Terms and Conditions. If you do not agree with the Voting Terms and Conditions then you may not participate in the Vote.

  • Changes to Voting Terms and Conditions

International Media Investments FZ LLC reserves the right to cancel, suspend or amend the Voting Terms and Conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or by order of any government or governmental authority or any other event outside International Media Investments FZ LLC's reasonable control. Any changes will be posted on the Website. It is your responsibility to ensure that you review these Voting Terms and Conditions regularly to familiarize yourself with any changes.

  • Voting

The opening and closing date and time for submitting a Vote will be determined by the dates listed on the Website. Any Votes received before or after the listed times will be discounted. All Votes submitted will be kept private and confidential and will only be viewed by International Media Investments FZ LLC or its appointed representatives.

Any Votes which are incomplete, incorrect, inaudible, incomprehensible, or not received by International Media Investments FZ LLC will be void.

In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of any Vote submitted by an entrant, or the operation of any part of the competition, network or phone system, the decision of International Media Investments FZ LLC and/or its appointed representatives shall be final and no correspondence regarding such disputes will be entered into.

International Media Investments FZ LLC and its appointed representatives reserve the full right to overrule or reject any Vote submitted. International Media Investments FZ LLC and its appointed representatives reserve the right to cancel or suspend voting at any time, without giving any prior notice.

International Media Investments FZ LLC and its appointed representatives will not be responsible if a Vote cannot be submitted due to the Website being unavailable or inoperable.

International Media Investments FZ LLC and its appointed representatives reserve the right to disqualify Votes if any one of them has reasonable grounds to suspect that fraudulent voting has occurred or if any one of them considers that there has been any attempt to rig the voting.

International Media Investments FZ LLC and its appointed representatives reserve the right, at their sole and absolute discretion, to rule on any unforeseen circumstances or circumstances beyond their control in any way International Media Investments FZ LLC and its appointed representatives deem appropriate (including the cancellation or postponement of the Vote or changes to these Voting Terms and Conditions) in order to reach what they consider to be an equitable solution for the entrants.

By submitting a Vote you accept that International Media Investments FZ LLC may use your personal information for its own purposes including but not limited to fulfilling your requests for products and services, contacting you, conducting research, and sending you marketing email and SMS messages from the brand associated with the Vote.

The decision of International Media Investments FZ LLC and/or its appointed representatives will be announced on the Website as soon as reasonably practicable after such decision has been reached. No correspondence will be entered into by International Media Investments FZ LLC or its appointed representatives in respect of such decision which will be final and binding in all respects.


DISCLAIMERS

  • Website and Terms of Use

The Website and the information and materials on the Website are provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, quality, fitness for a particular purpose, or non-infringement.

The information contained herein may contain inaccuracies and typographical errors. International Media Investments FZ LLC makes no warranties or representations, express or implied, as to the accuracy, completeness or reliability of any facts, advice, opinions, views, statements, recommendations or other information displayed on or distributed through the Website. You acknowledge that any reliance upon any such facts, advice, opinions, views, statements, recommendations, or other information is at your sole risk.

International Media Investments FZ LLC makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Website. The Website may be temporarily unavailable due to maintenance or malfunction of computer equipment. International Media Investments FZ LLC does not warrant that the Website will be uninterrupted or error-free, that defects in the Website will be corrected, or that the Website or the servers that make the website available are free from viruses or other harmful components.

  • Competitions and Voting

International Media Investments FZ LLC and its appointed representatives will take all reasonable measures to ensure that Competition and Voting is provided using reasonable skill and care. However, no warranties are made whatsoever in relation to the accuracy, suitability, reliability, completeness or otherwise of the information or Competition or Voting itself, nor in relation to disruptions, delays or errors in connection with the Website or the internet, including but not limited to any acts or omissions made by any telecommunications service provider with whom you have contracted to gain access to the Website, all of which International Media Investments FZ LLC shall accept no responsibility for (without limitation). Further, International Media Investments FZ LLC gives no warranties in respect of information to which you may have access but which has not been directly provided by International Media Investments FZ LLC and its appointed representatives including, without limitation, information on the internet relating to the Competition or Voting which is available outside of the Website: such information shall remain the sole responsibility of the provider of the information.


LIMITATIONS OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall International Media Investments FZ LLC be liable to you for damages of any kind whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, indirect, incidental, special, punitive, exemplary or consequential damages resulting from or in connection with:

  • the Website or the information it contains or any errors or omissions in the technical operation of the Website, even if International Media Investments FZ LLC has been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of, or unauthorized access to, the website;
  • any delay or partial or total failure by International Media Investments FZ LLC to perform any of its obligations to you under these Terms of Use or the International Media Investments FZ LLC Privacy Policy;
  • your participation in any Competition or Voting provided by International Media Investments FZ LLC on the Website;
  • any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area;
  • any Content posted, stored or uploaded by you or any third party, nor for any loss or damage thereto; any
  • any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity, violations of law (including the laws of the United Arab Emirates) you may encounter on the Website.


INDEMNITY

You shall indemnify and hold International Media Investments FZ LLC and its affiliates and each entity's directors, officers and employees harmless in respect of any claim, loss, liability, damage or expense (including reasonable legal fees and expenses) arising out of or in connection with:

  • any claim that the Content infringes the intellectual property rights of a third party;
  • any breach of any warranty, representation or obligation in or arising out of these Terms of Use; and
  • Your use of the Website in violation of these Terms of Use; and
  • arising from your use or conduct on the Website.


PRIVACY

International Media Investments FZ LLC respects the privacy of its Website users. Please refer to International Media Investments FZ LLC Privacy Policy [link to the Policy to be inserted here], which discloses the privacy practices with respect to information that you may disclose or may otherwise be collected on the Website. Any changes to International Media Investments FZ LLC Privacy Policy will be handled in accordance with the terms set forth therein.


GOVERNING LAWS

This Terms of Use shall be governed by and construed in accordance with the laws of the United Arab Emirates and the parties agree that any legal actions, proceedings or disputes related to use of the Website and these Terms of Use shall be submitted to the exclusive jurisdiction of the Courts of Abu Dhabi, United Arab Emirates.


MISCELLANEOUS

If any provision of these Terms of Use is held to be unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.