Effective 14th September, 2021
1. Content on the Services
1.1. In General.
Any opinions expressed by the contributors, authors and moderators who post content to Abdullah Gadit Digital are the personal opinions of the authors, not of Abdullah Gadit Digital, whether or not the authors are employees or contractors of Abdullah Gadit Digital The Content (as defined below) is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by Abdullah Gadit Digital or any other party.
The Content (as defined below) on the Services is intended for your personal, noncommercial use only. Commercial use of any of the Content or Services is strictly prohibited. The Services and all materials published and/or distributed on or through the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) (collectively, the “Content”) are protected by copyright pursuant to U.A.E and international copyright laws, and are owned or controlled by Abdullah Gadit Digital or the party credited as the provider of the Content. Except as set forth in Sections 1.3 and 5.4 of this Agreement, you
may not modify, publish, transmit, adapt, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part, without the express written consent of Abdullah Gadit Digital or the copyright owner identified in the copyright notice in the Content. You agree not to change or delete any proprietary notices that appear in the Content. You may not use any Abdullah Gadit Digital logo or proprietary graphic or trademark without Abdullah Gadit Digital’s express written permission. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. As between the parties, title, ownership rights, and intellectual property rights in the Content and Services, and any copies or portions thereof, shall remain in Abdullah Gadit Digital and/or its content providers or licensors. Abdullah Gadit Digital reserves any rights not expressly granted in this Agreement.
1.3. Limited License.
Subject to your strict compliance with this Agreement, Abdullah Gadit Digital grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to access, download (temporary storage only), display, view, use, play and/or print the Content (excluding, for purposes of this Section 1.3, Content accessed through Abdullah Gadit Digital Advanced Consulting and further excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or another wireless device, or another Internet-enabled device, for your personal noncommercial use only, subject to the restrictions set forth in this Agreement. The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Content, and (B) may be immediately suspended or terminated for any reason, in Abdullah Gadit Digital’s sole discretion, and without advance notice or liability.
2. User-Generated Content
2.1. Prohibited Actions.
You are solely responsible for your communications on and your use of the Services. You agree not to do any of the following: (A) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic message, data, image, content or program; (B) post or transmit any message, data, image, content or program that would violate any property rights of others; (C) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (D) upload or download files that contain software, marks, logos, data, images, content or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents; (E) upload files that contain a virus or corrupted data; (F) falsify the source or origin of software or other material contained in a file that you upload to the Services; (G) falsely purport to be an employee or agent of Abdullah Gadit Digital; (H) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or (I) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or
copying of any Content or enforce limitations on use of the Services or the Content.
2.2. Abdullah Gadit Digital’s Exclusive Right to Manage the User Submissions.
You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to the Services, including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code and applications (each, a “User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by Abdullah Gadit Digital in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any User Submissions from the Services at any time, for any reason or
for no reason at all. Abdullah Gadit Digital reserves the right to treat User Submissions as content stored at the direction of users for which Abdullah Gadit Digital will not exercise control except to block or remove content that comes to Abdullah Gadit Digital’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libellous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to Abdullah Gadit Digital, or to enforce the rights of third parties or the content restrictions set forth below in this Agreement when notice of their violation comes to Abdullah Gadit Digital’s attention.
However, Abdullah Gadit Digital shall not be responsible for controlling or editing any Content, and Abdullah Gadit Digital has no contractual obligation to remove inappropriate or unlawful Content. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of Content.
2.3. License to Abdullah Gadit Digital of Your User Submissions.
You hereby grant to Abdullah Gadit Digital, and you agree to grant to Abdullah Gadit Digital, a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display or otherwise exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses and to advertise, market and promote the same. In order to further effect the rights
and license that you grant to Abdullah Gadit Digital to your User Submissions, you also hereby grant to Abdullah Gadit Digital and agree to grant to Abdullah Gadit Digital, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Submission, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if your User Submissions are altered or changed in a manner not agreeable to you. You agree that you shall have no recourse against Abdullah Gadit Digital for any alleged or actual infringement or misappropriation of any proprietary right in your User Submissions. You further acknowledge and agree that no compensation will be paid with respect to the use of your User Submissions or any of the rights granted in this Section 2.3.
2.4. Representations and Warranties Related to Your User Submissions.
Each time you submit a User Submission, you represent and warrant that as to that User Submission, (A) you are the sole author and owner of the intellectual property and other rights to the User Submission, or you have a lawful right to submit the User Submission and grant Abdullah Gadit Digital the rights to it that you are granting by this Agreement, all without any Abdullah Gadit Digital obligation to obtain the consent of any third party and without creating any obligation or liability of Abdullah Gadit Digital; (B) the User Submission is accurate; (C) the User Submission does not and, as to Abdullah Gadit Digital’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other rights of any third party; (D) the User Submission will not violate this Agreement, or cause injury or harm to any person; and (E) the User Submission complies with all applicable laws and regulations.
2.5. Responsibility of Users.
You are entirely responsible for the content of, and any harm resulting from, your User Submissions. Abdullah Gadit Digital does not assume any responsibility or liability for any User Submissions posted on the Services or any website linked to the Services and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.
2.6. Non-Confidentiality of Your User Submissions.
The Services are available to the public, and your User Submissions, along with information concerning your identity that you provide to Abdullah Gadit Digital (including your name, image, employer and location), may be publicly available. Do not post information you consider confidential to the Services. In addition, you agree that Abdullah Gadit Digital may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action or a legal request arising from any User Submission made by you.
3. Links to Third-Party Websites
The Services may contain links to third-party websites (“Third Party Websites”). Access to Third Party Websites is at your own risk, and Abdullah Gadit Digital is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or
Third-Party Websites are not governed by this Agreement.
4. Copyright or Intellectual Property Infringement Notification
If you believe in good faith that material or Content available on Abdullah Gadit Digital infringes a copyright or other intellectual property right that you own or for which you are a beneficial owner or exclusive licensee, you are encouraged to notify Abdullah Gadit Digital in accordance with Abdullah Gadit Digital’s Copyright or Intellectual Property Infringement Notification Policy, currently accessible at https://neilpatel.com/copyright/. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.
5. Terms Applicable to Users of Abdullah Gadit Digital Advanced Consulting
5 .1. In General.
Abdullah Gadit digital offers the opportunity to sign up to obtain enhanced content and features through Abdullah Gadit digital advanced consulting. By using or accessing any products, content, features, services, or events offered through Abdullah Gadit digital advanced consulting, you agree to be bound by the terms and conditions of this section 5, which are specific to the use of Abdullah Gadit digital advanced consulting and shall not apply to the use of any of the services other than Abdullah Gadit digital advanced consulting.
5.2. Limited license to Abdullah Gadit digital advanced consulting users.
Subject to your strict compliance with this agreement, Abdullah Gadit digital grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to use the content available on Abdullah Gadit digital advanced consulting (the “Abdullah Gadit digital advanced consulting content”) as described below. Except as expressly provided in this section, you may not post or otherwise distribute Abdullah Gadit digital advanced consulting content (e.G. Via hard copy, email, and/or posting on intranet, company bulletin boards or other information storage & retrieval systems). The foregoing limited license (a) does not give you any ownership of, or any other intellectual property interest in, any Abdullah Gadit digital advanced consulting content, and (b) may be immediately suspended or terminated for any reason, in Abdullah Gadit digital’s sole discretion, and without advance notice or liability.
6. Operation of the services
The control of Abdullah Gadit digital or which are not reasonably foreseeable by Abdullah Gadit digital.
7. Complete agreement
Which shall supplement the terms of this agreement). This agreement may not be modified, either expressly or by implication, except as set forth below in section 13.
8. Dispute resolution / jurisdiction / agreement to arbitrate
8.1. In general.
Certain portions of this section 14 are deemed to be a “written agreement to arbitrate” pursuant to the federal arbitration act. You and Abdullah Gadit digital agree that we intend that this section 14 satisfies the “writing” requirement of the federal arbitration act.
8.2. Small claims matters are excluded from arbitration requirement.
Notwithstanding the foregoing, either of us may bring a qualifying claim of disputes (but not excluded disputes) in small claims court.
8.3. No class action matters.
Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant. The above holds that this restriction is unconscionable or unenforceable, then our agreement above to arbitrate will not apply and the dispute must be brought exclusively in court pursuant below.
If any portion of this agreement is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable.
Abdullah Gadit digital may terminate or suspend access to the services immediately, without prior notice or liability, if you breach this agreement or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This agreement is not assignable, transferable or sub-licensable by you except with Abdullah Gadit digital’s prior written consent. No agency, partnership, joint venture, or employment is created as a result of this agreement and you do not have anyauthority of any kind to bind Abdullah Gadit digital in any respect whatsoever. The headings of
The sections contained in this agreement are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of this agreement.
11. Disclaimer of warranties
The services are provided by Abdullah Gadit digital on an “as is” basis. Abdullah Gadit digital makes no representations or warranties of any kind, express or implied, as to the operation of the services or the information, content, materials, or products included on the services, including the accuracy (either when posted or as a result of the passage of time) of any content on the services. To the full extent permissible by applicable law, Abdullah Gadit digital disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and that access to or use of the services will be secure, accessible continuously, uninterrupted or error-free. Abdullah Gadit digital makes no representations, warranties or guarantees against human and machine errors, omissions, delays, losses (including loss of data), or that files available for download from the services will be free of infection by viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. This disclaimer of warranty constitutes an essential part of this agreement. If you are dissatisfied with any portion of the service, or with any of these terms, your sole and exclusive remedy is to discontinue using the services and, where applicable, terminate your premium account. To the extent that you might otherwise believe that any warranties, guarantees or representations have been made to you, you hereby agree that such statements, whether made orally or in writing, are
To be construed as merely nonbinding expressions of policy rather than affirmative representations, obligations, guarantees or warranties. In the event of any conflict between this section 8 and other terms or provisions of this agreement, this section shall be construed to take precedence.
12. Limitation of liability
In no event will Abdullah Gadit digital be liable under any theory of law for any indirect, incidental, special, punitive or consequential damages, including, but not limited to, loss of profits, business interruption, loss of information or data or costs of replacement goods, arising out of the use or inability to use the services or resulting from use of or reliance on the content, even if Abdullah Gadit digital may have been advised of the possibility of such damages, or for any claims by any third parties.
13. Waiver and release
You agree that neither Abdullah Gadit digital nor its officers,d irectors, employees, agents, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in Connection with your use of the Abdullah Gadit digital services. You specifically acknowledge that Abdullah Gadit digital shall not be liable, directly or indirectly, for any user submissions or the
Defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You hereby release and forever waive any and all claims You may have against Abdullah Gadit digital, its officers, directors, employees, agents, licensors or suppliers (including but not limited to claims based upon the negligence of Abdullah Gadit digital, its officers, directors, employees, agents, licensors or suppliers) for losses or damages you sustain in connection with your use of the services.