Welcome to the Smart Palm website terms and conditions (“Terms and Conditions”) last updated on 15 April 2015.
This website (“Site”) is owned by Didea Media LLC, a limited liability company incorporated in Dubai, United Arab Emirates and having its head office in Jumeirah Lake Towers, Mazaya Business Avenue, Building BB1, office 106, Dubai, United Arab Emirates.
For the purposes of these Terms and Conditions "We", "Our" and "Us" refers to Didea Media LLC. Please review these Terms and Conditions carefully before using this Site. Your use of this Site indicates your irrevocable agreement to be bound by these Terms and Conditions (as may be amended by us from time to time). If you do not agree to be bound by these Terms and Conditions please stop accessing and using this Site immediately.
This Site is intended only for your personal, non-commercial use. Unless otherwise specified, you alone are solely responsible for determining whether any feature of this Site is appropriate or suitable for your requirements.
All information, documents, images and other materials provided on this Site (as well as the organisation and layout of this Site) together with the underlying software code are owned either directly by Us or by Our licensors. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material (whether in hardcopy, electronic or any other form) on this Site or the underlying software code whether in whole or in part. The contents of this Site may, however, be downloaded, printed or copied for your personal non-commercial use. Any unauthorized use of this Site may result in a violation of copyright laws, trademark laws, the laws of privacy and publicity, and communication regulations and statutes. Nothing in this Site should be construed to be a grant of a licence, ownership or any other proprietary right in this Site, its contents or the underlying software code. All rights not expressly granted in these Terms and Conditions are reserved.
Whenever you make use of a facility on this Site that allows you to upload your own content such as feedback and comments (“User Content”), you must comply with the acceptable use obligations below. You warrant that you have the right to upload User Content and that any such User Content complies with these Terms and Conditions, and you fully indemnify us for any loss suffered as a result of any breach of that warranty. By submitting User Content to this Site by electronic mail, postings on this Site or otherwise, you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
(a) use, reproduce, modify, adapt, translate, distribute, publish and create derivative works from and publicly display and perform such User Content throughout the world in any media, now known or hereafter devised; and
(b) use the name that you submit in connection with such User Content.
You also grant us the right to pursue at law any person or entity that violates your or our rights in the User Content by a breach of these Terms and Conditions. You acknowledge and agree that all User Content submitted by you is non-confidential and that no third parties have any rights in such User Content which could be infringed by Our use of it. You agree to do all things and execute all documents required to allow Us to take full advantage of the rights granted to Us by this clause.
This Site may contain feedback forums, bulletin boards or other forums in which you or third parties may post reviews, comments or other User Content, on the Site (“Interactive Areas”). If we provide such Interactive Areas, you are solely responsible for your use of such Interactive Areas and all use of them is at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any:
(a) User Content that is unlawful, libelous, defamatory, offensive to any religious or moral groups, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) User Content that would constitute, encourage or provide instructions for the commission of a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local or national or international law, including, without limitation, the regulations of the relevant stock exchange regulator in that jurisdiction in which the Content is published;
(c) User Content that may infringe any patent, trade mark, trade secret, copyright or other intellectual or proprietary right of any party; (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Us; (e) unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
(f) private information of any third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security and ID Card numbers and credit card numbers;
(g) viruses, corrupted data or other harmful, disruptive or destructive files;
(h) User Content that is unrelated to the topic of the Interactive Area(s) in which such User Content is posted; or
(i) User Content or links to User Content that, in Our sole judgement, either (i) violates any of the above; (ii) is objectionable; (iii) restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site; or (iv) exposes (or may expose) Us, any of Our affiliates, or other users of the Site to any harm or liability of any type.
We take no responsibility and assume no liability for any User Content posted, stored or uploaded onto the Interactive Areas by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in the Interactive Areas. We are not liable for any statements, representations or User Content provided by users of the Site in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the User Content posted to or distributed through any Interactive Area, we may, in our absolute discretion, remove, screen or edit without notice any User Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
If it is determined that you retain any moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (i) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (ii) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Us or Our affiliates, licensees, successors and assigns; (iii) 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 User Content; and (iv) you forever release Us and Our affiliates, licensees, successors and assigns from any claims that you could otherwise assert against us by virtue of any such moral rights.
We will not be responsible, or liable to any third party, for the content or accuracy of any User Content on our Site.
You may only use this Site in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the Emirate of Dubai and any other jurisdiction from which you are accessing this Site.
In particular, you agree that you will not:
(a) use this Site in a manner which causes or may cause an infringement of the rights of any other or is in breach of confidence or privacy;
(b) use this Site in any manner that could, or could reasonably be expected to, damage or overburden any of our servers, any network connected to any of our servers or any related infrastructure or impose an unreasonable or disproportionately large load on the bandwidth connecting to the Site;
(c) use this Site in any manner that would, or could reasonably be expected to, interfere with any other party’s use of this Site;
(d) access the Site through devices or services that are designed to provide high-speed, automated, repeated access;
(e) use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Site including but not limited to uploading or making available files containing corrupt data, viruses, logic bombs, Trojan horses, worms, harmful components or other malicious software or harmful data via whatever means;
(f) deface, alter or interfere with the front end ‘look and feel’ of this Site or the underlying software code;
(g) obtain or attempt to obtain unauthorised access, via whatever means, to any of Our networks;
(h) use any robot, spider, screen scraper, data aggregation tool or other automatic device, routine or process (“Automated Process”) to process, monitor, copy or extract any web pages on the Site, or any of the information, content , User Content or data contained within or accessible through the Site, without our prior written permission;
(i) use any Automated Process to aggregate or combine information, content, User Content or data contained within or accessible through the Site with information, content, User Content or data accessible via or sourced from any third party;
(j) use any Automated Process to interfere or attempt to interfere with the proper working of the Site;
(k) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Site; or
(l) copy, reproduce, alter, modify, create derivative works from, or publicly display, any part of any content from the Site without our prior written permission.
Without prejudice to any of Our other rights (whether at law or otherwise) We reserve the right to deny you access to this Site where We believe (in Our absolute discretion) that you are in breach of any of these Terms and Conditions.
We reserve the right to make updates to the information, services, products and other materials on this Site at any time without notice. We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this Site. We are under no obligation to specifically contact or notify you of any variation to these Terms and Conditions. Your continued access or use of this Site is deemed to be your irrevocable acceptance of the modified Terms and Conditions.
In order to access the Site, you must satisfy the minimum age requirement of 18 years (measured according to the Gregorian calendar) and have full legal capacity. If you are under the age of 18 years (measured according to the Gregorian calendar) you must have permission from your parent or guardian before accessing the Site.
You warrant, represent and undertake that you possess the legal right and ability to access the Site in accordance with these Terms and Conditions.
You agree that you do not (and will not) have any right to bring an action (of any nature) against Us or any company or entity managed or operated by Us, or Our or their affiliated, associated or subsidiary companies or the officers, directors, managers, shareholders or staff thereof (together the “Jumeirah Entities”) with respect to or in connection with the use of this Site.
Further, in no event will We or any of the Didea Media LLC Entities be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of or in connection with the access to, or the use of this Site or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties and whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
We provide this Site on an "as is" and "as available" basis and without any warranty or condition, express, implied, statutory or otherwise. We and the Didea Media LLC Entities, specifically disclaim all implied warranties of title, merchantability, fitness for a particular purpose and non-infringement, to the maximum extent that such disclaimers are held to be valid.
In particular and without limiting the foregoing, although reasonable care has been taken to ensure that the information contained on this Site is accurate, We do not warrant, represent or undertake that:
(a) the Site will meet your needs or expectations, or that it will be uninterrupted, timely, secure, error-free or free from viruses; or (b) the information obtained from or available on the Site will be accurate, reliable or fit for purpose.
Use of information contained on the Site is at your own risk and we are not responsible for any adverse consequences arising out of such use.
You agree to indemnify and keep Us indemnified from and against all costs, claims, demands, liabilities, expenses, damages or losses (including without limitation direct losses, consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) arising out of or in connection with your breach of these Terms and Conditions.
We do not review, monitor or endorse any third-party websites linked to Our Site and We are not responsible for the content of any web site linked to Our Site. Your access to any website that links to Our Site is at your sole risk. We are not responsible for the information, material, products, or services contained on or accessible through such other websites and will not be liable for any form of loss or damage arising as a result of or in connection with your visits to such web sites.
Any links to other websites are provided merely for the convenience of the users of this Site and the inclusion of these links does not imply an endorsement of the linked web sites or the content therein. In addition, you agree not to link your website or any other third party web site to Our Site or frame Our Site as part of any other web site without Our express prior written consent.
To request such consent, you may send an e-mail message to the following address firstname.lastname@example.org. We reserve the right, at any time and for any reason not prohibited by law, to deny permission to anyone to link a web site to, or frame, Our Site. We reserve the right to withdraw Our consent at any time to a link to, or framing of, Our Site at Our sole discretion without notice.
All intellectual property rights, including without limitation copyright in all content on the Site, are owned by Us or by Our licensors. The Smart Palm trademarks (“Trade Marks”) are the sole property of Us or Our licensors. You may only use and/or reproduce the Trade Marks with our express written consent.
Your use of this Site and the operation of these Terms and Conditions shall be governed by and construed in accordance with the federal laws of the United Arab Emirates applicable in the Emirate of Dubai and the laws of the Emirate of Dubai. You agree, acknowledge, and submit to the Courts of Dubai having non-exclusive jurisdiction over all and any dispute or difference between us arising out of or in connection with this Agreement.
Our failure to enforce the strict performance of any provision of these Terms and Conditions or the documents it incorporates by reference will not constitute a waiver of Our right to subsequently enforce such provision or any other provisions of these Terms and Conditions or the documents it incorporates by reference.
If any provision (or part thereof), of these Terms or Conditions shall be deemed unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
We may perform any of our obligations, and exercise any of the rights granted to us under these Terms and Conditions, through a third party. We may assign, novate, sub-contract or otherwise transfer any or all of our rights and obligations under these Terms and Conditions to any third party.
These Terms and Conditions and the documents incorporated by reference constitute all the terms of your agreement with us relating to your use of this Site. Save as otherwise provided in these Terms and Conditions and the documents incorporated by reference, you acknowledge that you shall have no remedy in respect of any statement, representation, warranty or understanding (whether negligently or innocently) made by Us, Didea Media LLC Entities, any of Our or Didea Media LLC Entities’ staff, directors, agents, consultants or representatives (and whether authorised or not for this purpose).
If you have any questions, concerns or complaints in relation to the Site or these Terms and Conditions please contact us by sending an email to email@example.com.