1. Agreement and Amendments
1.1 By accessing any part of the Website, you (“You” or “Your”) agree to the Terms.
1.2 The Company reserves the right to update the Terms from time to time. If You do not wish to accept the new Terms You should not continue to use the Website. Your use of the Website indicates Your agreement to be bound by the new Terms.
1.3 Certain provisions of the Terms may be superseded by expressly designated legal notices or terms located on particular pages on the Website.
1.4 Additional terms and conditions which vary or supplement the Terms may apply. If You apply for any property, product or service detailed on the Website, these terms and conditions should be read in conjunction with any other terms and conditions which relate to any such property, product or service and, in the event of any contradiction between the Terms and the specific terms and conditions relating to such property, product or service, the latter shall prevail.
1.5 You agree to use the Website (or any part of it) in accordance with all applicable laws relevant to the jurisdiction from which You access the Website.
2. Intellectual Property
2.1 Copyright, trademark, database and other intellectual property rights protect the content of this Website and You acknowledge that the material and content (including without limitation photographs and graphical images) supplied as part of this Website shall remain with the Company or its licensors.
2.2 You are permitted to print and download extracts from the Website only for Your own use, and even then only on the following basis:
- no documents or related graphics on the Website are modified in any way;
- no graphics on the Website are used separately from the corresponding text; and
- You keep intact all copyright and proprietary notices.
For the avoidance of doubt, You may not use any part of the materials and/or content on the Website for commercial purposes without obtaining a licence to do so from the Company or the Company’s licensors.
2.3 If You print, copy or download any part of the Website in breach of these Terms, Your right to use the Website will cease immediately and You must, at the Company’s option, return or destroy any copies of the materials You have made.
2.4 Any unauthorised downloading, re-transmission or other copying or modification of any of the contents of the Website may be in breach of statutory or common law rights which could be the subject of legal action.
2.5 Any use of extracts from the Website for any purpose, other than in accordance with clause 2.1, is prohibited.
2.6 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.7 Any rights not expressly granted in the Terms are reserved.
3. Service Access
3.1 Access to the Website is permitted on a temporary basis and the Company reserves the right to withdraw or amend the Website without notice. The Company will not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 You are responsible for making all arrangements necessary for You to have access to the Website. You are also fully responsible for ensuring that any person who has access to the Website through Your internet connection is aware of these Terms, and that they comply with them.
3.3 The Company may at its sole discretion and for any reason restrict access without notice to some parts of the Website or to the entire Website, including without limitation to as users who have registered with the Company.
3.4 The information on the Website is provided purely for information and does not constitute or form part of any offer or invitation (including without limitation an offer to sell, lease or issue). All properties, products and services are subject to availability and the Company gives no guarantee in this regard.
4. Visitor Material and Conduct
4.2 By submitting Materials to the Company via the Website, You grant the Company, its subsidiaries, its parents and all other companies in the group of companies of which the Company forms part an unrestricted, world-wide, royalty-free, irrevocable licence to use the Materials at the Company’s own discretion for any purpose including, without limitation, use, reproduce, display, adapt, modify, transmit, disclose, distribute to third parties and commercially exploit the Materials in any medium together with an unrestricted right to use any ideas, concepts, know-how or techniques contained in the Materials for any purpose. You also, save as permitted by law, waive any moral rights in the same.
4.3 The Company reserves the right to monitor, inspect and remove (without liability to You) any Materials or posting You make on the Website, if, in absolute the Company’s opinion, such material does not comply with the content standards set out in the Company’s acceptable use policy or is in breach of these Terms. The Company also has the right to disclose Your identity to any third party who is claiming that any Materials posted or uploaded by You to the Website is an infringement of their intellectual property rights or of their right to privacy.
4.4 The Company will not be responsible, or liable to any third party, for the content or accuracy of any Materials posted by You or any other user of the Website.
4.5 You warrant and agree that in using the Website (or any part thereof) You will not:
- use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity;
- transfer files to or through the Website that contain viruses, Trojans, worms or anything else that is malicious or technologically harmful or that may interfere with, interrupt or disrupt the normal operation of the Website;
- introduce or transfer through the Website material that is defamatory, libellous, obscene, liable to incite racial hatred, offensive, threatening, discriminatory, menacing or blasphemous, or material that may cause annoyance, inconvenience or needless anxiety;
- use the Website in a way to cause it to be interrupted, damaged, rendered less efficient or in a way so that the effectiveness or functionality of the Website is impaired;
- use the Website in a manner that infringes the rights of another person, firm or company (including, without limitation, intellectual property rights, confidentiality rights or rights of privacy);
- post or transmit to or from the Website any material for which You have not obtained all necessary licences and/or approvals;
- do anything that would seek to bypass or interfere with any security features of the Website, or interfere with any of the Company’s websites, servers, or networks;
- attempt to gain unauthorised access to any part or component of the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
- upload files which contain an active hypertext link to another website;
- impersonate any person or entity, including without limitation any of the Company’s employees, associates, principals or directors nor misrepresent or falsely state Your affiliation with any person or entity
- offer to sell, advertise, promote or solicit any goods or services for any commercial purpose, or otherwise engage in any commercial activity; or
- do anything which may constitute or encourage conduct that could be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country of the world.
4.6 You may not misuse the Website (including, without limitation, by hacking).
4.7 The Company may fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any Material in breach of the Terms or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which the Company may be required by law to disclose information about You or Your use of the Website
4.8 In the event that You have a claim against another user of the Website arising out of that user’s use of the Website, You agree to pursue such right, claim or action independently of and without recourse to Us.
5.1 You acknowledge and accept that the Company’s web server automatically collects Your IP address when You visit the Website and that the Company may use Your IP address to help diagnose problems with the Company’s server and to compile statistics on Website usage.
5.2 The Company will treat Your personal information as confidential and will only disclose it for the following purposes:
- if the Company believes it is necessary to comply with a requirement of the UAE law enforcement agencies;
- processing orders (if applicable);
- where the personal information is given to the Company for that purpose, evaluating that personal information given against present or future employment opportunities within the Company or any of its affiliated companies;
- to administer this Website;
- for statistical purposes to improve this Website and its services to You;
- to notify You of products, special offers or competitions that may be of interest to You; or
- to disclose to affiliated companies and other relevant third parties, who may contact You about their products or services that may be of interest to You.
6. Third Party Links
6.1 Links to third party websites on the Website are provided solely for Your convenience. If You use these links, You leave the Website. The Company has not reviewed all of these third party websites. The Company does not control and is not responsible for these third party websites or their content or availability. The Company therefore does not endorse or make any representations about any of the third party websites, or any material found there, or any results that may be obtained from using them. If You decide to access any of the third party websites linked to the Website, You do so entirely at Your own risk.
6.2 If You would like to link to the Website, You may only do so on the basis that You link to, but do not replicate, the home page of the Website, and subject to the following conditions:
- You do not remove, distort or otherwise alter the size or appearance of any of the Logos of any of the Group (including without limitation the Dubai Properties logo);
- You do not create a frame or any other browser or border environment around the Website;
- You do not in any way imply that the Company is endorsing any products or services other than its own;
- You do not misrepresent Your relationship with the Company or present any other false information about the Company;
- You do not otherwise use any of the trademarks displayed on the Website without express written permission from the Company;
- You do not link from a website that is not owned by You; and
- Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or rights of any other person or otherwise does not comply with all applicable laws and regulations.
6.3 The Company expressly reserves the right to revoke the right granted in clause 6.2 for breach of these Terms and to take any action it deems appropriate.
6.4 You shall fully indemnify the Company for any loss or damage whatsoever suffered by the Group as a result of breach of clause 6.2.
7.1 While the Company endeavours to ensure that the information on the Website is correct, the Company neither warrants nor represents the accuracy, verification or completeness of any of the material on the Website. The Company may make changes to the material on the Website, or to any of the properties, products and prices described in it, at any time without notice. The material on the Website may be out of date and the Company makes no commitment to update such material. The Company does not accept any liability for any errors or omissions in respect of such material. If You are in any doubt as to the validity of such material, please contact the Company.
7.2The material on the Website is provided ‘as is’, without any representations, conditions, warranties or other terms of any kind. Without prejudice to the generality of the foregoing, the Company makes no representation or warranty as to the currency, adequacy or suitability, and shall accept no liability for the accuracy or completeness of the information contained in this website or for any reliance placed by any person on the information. To the maximum extent permitted by law, the Company provides You with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by the laws of the United Arab Emirates and the Emirate of Dubai) which, but for these Terms, might have effect in relation to the Website.
7.3 The Company disclaims all liability and responsibility arising from any reliance placed on the material on this Website by You or any visitor to the Website, or by anyone who may be informed of any of its contents. Any decisions or action taken by You on the basis of information provided on or via the Website are at Your sole discretion and risk and You should obtain professional advice where necessary.
7.4 While we endeavour to ensure that the information on this website is correct, the Company neither warrants nor represents the accuracy, verification or completeness of any of this material. We may make changes to the material on this website, or to any of the properties or products described in it, at any time without notice. Please note that any advertising or promotional material is indicative only. The material maybe out of date and the Company makes no commitment to update such material. We do not accept any liability for any errors or omissions in respect of such material. Without prejudice to the generality of the foregoing, the Company makes no representation or warranty as to the currency, adequacy or suitability, and shall accept no liability for the accuracy or completeness of the information contained in this website or for any reliance placed by any person on the information. The Company disclaims all liability and responsibility arising from any reliance placed on the material in this website or on any decisions or actions taken on the basis of the information, by you or any visitor, or by anyone who may be informed of the site content.
8. Buyers/Sellers Assist
8.1 The Fees will be agreed between the Agent and the Client and specified in the contract.
Payment of the Fee is to be made in full on confirmation of the sale/rent unless specified otherwise on the contract.
All Fees are payable in full regardless of whether or not the Client ultimately uses the Images.
All direct expenses incurred by the Agent and the Talent in connection with the provision of the Services will be charged to the Client at cost and are payable by the Client.
8.2 The Client must inform the Agent before approval of a Sale/Rent by the Agent if a third party will be responsible for the payment of the Fee. The Client is required to supply to the Agent all contact details of the third party responsible for making the payment to the Agent. Notwithstanding this, all invoices will be issued in the name of the Client and will be sent to the individual responsible for making the sale/rent unless otherwise agreed.
8.3 The Client is not entitled to withhold any monies due to the Agent.
The Agent is entitled to vary the Fee to take account of any additional Services of changes to the Services being requested by the Client which were not included in the original contract;
9. Indemnity and Liability
9.1 You agree to indemnify the Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any company in the group of which the Company forms part, its predecessors, successors and affiliates, the present and former owners, partners, shareholders, directors, officers, employees, agents and representatives of any of the foregoing and their respective successors and assigns (collectively, the "Group") against all claims, liability, damages, losses, costs and expenses, (including legal fees), suffered by the Group and arising out of any breach of the Terms by You (including in relation to any Materials submitted by You) or any other liabilities arising out of Your use of the Website or the use by any other person accessing the Website using Your internet account.
9.2 The Group, exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise, in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing the Website or Your downloading of any material from the Website or any websites linked to the Website.
9.3 If Your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, You assume all costs thereof.
10. Governing Law and Jurisdiction
10.1 These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates and the Emirate of Dubai. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Emirate of Dubai.
10.2 If any of the Terms should be determined to be illegal, invalid or otherwise unenforceable, then to the extent of such illegality, invalidity or unenforceability, such terms or condition shall be deleted and severed from the rest of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.