TERMS OF USE

PLEASE READ THESE TERMS OF USE (“THE TERMS”) CAREFULLY BEFORE USING THE ART JAMEEL (AS DEFINED BELOW) WEBSITE. ACCESS TO AND USE OF THE ART JAMEEL WEBSITE IS GOVERNED STRICTLY BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS YOU MUST IMMEDIATELY DISCONTINUE USE OF THE ART JAMEEL WEBSITE. PLEASE NOTE IN PARTICULAR THE LIMITATION OF LIABILITY AND EXCLUSION OF WARRANTIES CLAUSES SET OUT BELOW.

Introduction

Welcome to the website of Art Jameel located at the domain and URL https: artjameel.org (“Art Jameel Website”).

The Art Jameel Website is a website owned and operated by Art Jameel LLC, a limited company registered in Dubai, United Arab Emirates under trade license number 743215 and whose principal place of business is at Offices 1, 2 and 4 Jameel Arts Centre, Al Jaddaf, Dubai, United Arab Emirates (“Company”).

This webpage (together with all and any the documents referred to in it) sets out the Terms governing your use of the Art Jameel Website.  Use of the Art Jameel Website includes but is not limited to accessing, browsing, linking to or registering to use the Art Jameel Website.

Each time you use the Art Jameel Website, you confirm you accept these Terms and you agree to comply fully with them. If you do not agree to these Terms you must not use or access the Art Jameel Website and must leave the Art Jameel Website immediately.

By accessing and using the Art Jameel Website, you are acknowledging that you have read and agree to be bound by the Terms and our Privacy Policy as may be amended from time to time or such other policies or notices that may be implemented from time to time by the Company.  Insofar as you make any purchase via the Art Jameel online shop, such purchases will be governed by the Terms of Sale.

Accessing and using the Art Jameel Website

It is not guaranteed that the Art Jameel Website, or any content on it, will always be available or be uninterrupted. Access to the Art Jameel Website is permitted on a temporary “as is” basis. All or any part of the Art Jameel Website, without notice, may be suspended, withdrawn, discontinued or changed. The Company will not be liable to you if for any reason the Art Jameel Website is unavailable (temporarily or permanently) at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Art Jameel Website. You are also responsible for ensuring that all persons who access the Art Jameel Website through your internet connection are made fully aware of these Terms of use the Conditions of Sale, Privacy Policy and Cookies Policy and will fully comply with the same.

1. You may use the Art Jameel Website only for lawful purposes. Consequently, you acknowledge and agree you may not use the Art Jameel Website:
   • in any way that breaches any applicable law (or these Terms) relating to your use of the Art Jameel Website;
   • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect (whether directly or indirectly);
   • for the purpose of harming or attempting to harm any person (including but not limited to children) in any way;
   • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (as defined below);
   • to post advertisements or to promote third party websites or goods and services;
   • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“Spam”); or
   • to transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (collectively referred to as “Malicious Actions”).
2. You also acknowledge and agree not to:
   • reproduce, duplicate, copy or re-sell any part of the Art Jameel Website in contravention of the provisions of these Terms.
   • direct web traffic away from the Art Jameel Website.
   • access without authority, or otherwise interfere with, damage or disrupt:
     • any part of the Art Jameel Website;
     • any equipment (including any server) or network on which the Art Jameel Website is stored or otherwise hosted;
     • any software used in the provision of the Art Jameel Website;
     • any computer or database connected to the Art Jameel Website;
     • any equipment or network or software owned or used by any third party in connection with the Art Jameel Website;
     • misuse the Art Jameel Website by knowingly engage, procure the engagement of, or permit any third party to undertake any Malicious Actions;
     • attack the Art Jameel Website via a denial-of-service attack or a distributed denial-of service attack; or
     • disguise or interfere in any way with the IP address of the computer you are using to access the Art Jameel Website or otherwise take steps to prevent the identification of the actual IP address of the computer you are using whilst accessing the Art Jameel Website.
   • The Company may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Art Jameel Website may at the Company’s absolute discretion be prevented immediately.
   • The Company does not guarantee warrant or otherwise represent that the Art Jameel Website will be secure or free from bugs, viruses or other technologically harmful material. You are responsible for configuring your information technology, computer programmes, software and platform in order to access the Art Jameel Website in a manner you deem appropriate and secure. You should use your own virus protection software.

Security

Internet transmissions are never completely private or secure and there is a risk associated with the same.  Consequently, any message or information sent via the Art Jameel Website should be treated as non-confidential and may be intercepted and potentially read by others. The Company will have no liability to you in respect of any transmissions you send to it (or its personnel or its affiliates and their personnel) and you do so entirely at your own risk.

Intellectual property rights and using the content of the Art Jameel Website

The Company is the owner or the licensee (as the case may be) of the Art Jameel Website.  All content (including all materials published therein) of the Art Jameel Website, all the material published on the Art Jameel Website, any Art Jameel newsletter, updates, e-shots and emails and any Art Jameel social media or informational updates and/or postings (“Content”), and all intellectual property rights in the Content. The Content is protected by copyright and all applicable laws. All such rights are fully reserved by the Company.

The Company and its affiliates own various intellectual property rights throughout the world in various trade marks (registered and unregistered), service marks, graphics, logos, designs, page headers, button icons, scripts and service names (collectively the “ALJ Intellectual Property”)

Any unauthorised use of any (in whole or in part) of the ALJ Intellectual Property will constitute a violation of the Company’s rights in respect of the ALJ Intellectual Property. Your use of the Art Jameel Website grants you no right or licence to reproduce or otherwise use any ALJ Intellectual Property or third party intellectual property rights that may constitute part of the Content.

Any copying or downloading of any Content will not transfer title of that Content to you nor grant you any licence to use that Content for non-personal purposes. You must not use any part of the Content for non-personal purposes, such as commercial purposes, without obtaining a prior written licence to do so from the Company, which will be granted at the Company’s absolute discretion.

You must not exploit the whole or part of any Content without the Company’s prior written permission (to be determined in its absolute discretion) including but not limited to you not:

1. modifying copies of any Content you have printed off or downloaded in any way;
2. using any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
3. removing any copyright or other proprietary notices from copied or downloaded Content;
4. using the Content in any way which is fraudulent or unlawful;
5. relying on the Content as being entirely accurate, complete or up to date; and/or
6. using the Content in a manner which does not comply fully with these Terms.

If you print off, copy, download, modify or link any part of the Content available via the Art Jameel Website in breach of these Terms, your right to use the Art Jameel Website may be prevented immediately and you must, at the Company’s absolute option, return or destroy any copies (electronic or otherwise) of any and all materials you have made (in whatsoever format and howsoever filed or stored) from the Content.

Links

Where the Art Jameel Website contains links to other sites and resources provided by third parties, these links are provided for your information only. The Company has, unless explicitly indicated otherwise, no control over the content of those sites or resources and has no rights in the content of those sites or in the resources. The Company assumes no responsibility for the content of any websites or resources linked on the Art Jameel Website and the presence of such links should not be interpreted as such, nor are such links to actual endorsements, or indications of a formal or informal association or approval by Art Jameel of any linked website or resource.

You must not link to the Art Jameel Website home page without the Company’s prior written permission (which may be withheld for whatsoever reason). In addition, the Art Jameel Website must not be framed on any other site.

In the event that the Company grants you its prior written permission to link your website to the Art Jameel Website home page, you must:

1. only link to the Art Jameel Website home page;
2. only link in a way that is fair and legal and does not damage the Company’s and/or Art Jameel’s reputation or goodwill nor take advantage of that reputation or goodwill;
3. not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Art Jameel or the Company where none exists;
4. not establish a link to the Art Jameel Website in any website that is not owned by you; and
5. ensure the website in which you are linking complies in all respects with the Content Standards (as defined below).

The Company reserves the right to withdraw linking permission without notice.

Interactive services

From time to time, informational updates and other interactive services may be provided on the Art Jameel Website (“Interactive Services” or “Platform”). The Platform will provide information about Art Jameel‘s activities and events. The Platform is operated, controlled and moderated by the Art Jameel PR & Marketing team. The Company does not review or approve any content included within the Platform prior to such content going live. The Company does not monitor and will not censor content, except in circumstances detailed in the Content Standards (as defined below).

Where another Interactive Service is provided, clear information will be provided about the kind of service offered, if it is moderated and what form of moderation is used, including whether it is human or technical.

There is no obligation to oversee, monitor or moderate any Interactive Service and liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of the Content Standards (defined below) is expressly excluded and subject to the provisions of our limitation of liability (set out below), whether the Interactive Service is moderated or not. However, attempts will be made to assess possible risks for users (and in particular, for children) from third parties when they use any Interactive Service. Also, it will be decided in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.

The use of any of the Interactive Services by a minor is subject to the consent of their parent or guardian. Parents are advised that it is important they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any Interactive Service should be made aware of the potential risks to them. Please refer to the terms below which address use of the Art Jameel Website by children.

Where an Interactive Service is moderated, you can contact us via email at [email protected] should a concern or difficulty arise with the Interactive Service or its content.

Content standards

The content standards below (“Content Standards”) apply to any and all material which you contribute to the Art Jameel Website (“Contribution”), and to any Interactive Services associated with it. You must comply the Content Standards. The Content Standards apply to each part of any Contribution as well as to its whole.

To report an alleged violation of the Content Standards, please email [email protected].

Contributions must:

1. be accurate (where they state facts);
2. be genuinely held (where they state opinions); and
3. comply with all applicable laws applicable to the manner in which such Contribution is to be posted.

Contributions must not:

1. contain any material which is defamatory of any person;
2. contain any material which is obscene, offensive, hateful or inflammatory;
3. contain profanity or other material which would upset or offend others;
4. promote sexually explicit material;
5. promote violence;
6. promote discrimination based on race, sex, culture, religion, nationality, disability, sexual orientation or age;
7. infringe any copyright, database right, trade mark or other intellectual property right of any other person;
8. be likely to deceive any person;
9. be made in breach of any legal duty owed to a third party, including but not limited to a contractual duty or a duty of confidence;
10. promote any illegal activity;
11. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
12. be likely to harass, upset, embarrass, alarm or annoy any other person;
13. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
14. give the impression that they emanate from or are endorsed by Art Jameel or any of its businesses, if this is not the case;
15. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; and
16. engage in Spam, malware, phishing or equivalent activity at the date of your breach.

Suspension and termination

The Company will determine, at its discretion, whether there has been a breach of these Terms through your use of the Art Jameel Website. When you breach these Terms, the Company may take such action as it deems appropriate in the circumstances at its absolute discretion. Your failure to comply with the Content Standards constitutes a material breach of these Terms.

A breach of these Terms may result in the Company, at its complete discretion, taking all or any of the following actions:

1. immediate, temporary or permanent suspension and/or withdrawal of your right to use the Art Jameel Website;
2. immediate, temporary or permanent removal of any posting or material uploaded by you to the Art Jameel Website;
3. issuance of a warning to you;
4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5. further legal action against you; or
6. disclosure of such information to applicable law enforcement authorities or other authorities of competent jurisdiction.

All liability is excluded for actions taken by the Company in response to breaches of these Terms. The responses described in the suspension and termination provisions of the Terms are not limited, and other actions may be taken by Art Jameel.

No reliance on information

It is not guaranteed that the Art Jameel Website, or any content on it, will be free from errors, inaccuracies or omissions. It is your responsibility to check any Content is accurate and/or complete.

Local regulatory restrictions

The Art Jameel Website is not directed at any person in any jurisdiction where (by reason of nationality, residence or otherwise) the access to or availability of the Art Jameel Website is prohibited or which would be subject to any restriction, including but not limited to registration or other requirements within such jurisdiction. We reserve the right to limit access to the Art Jameel Website to any such persons. Persons who access the Art Jameel Website do so on their own initiative and are responsible for compliance with applicable local laws and regulations in the jurisdiction in which such access is made. If in doubt, you should seek independent legal advice.

LIMITATION OF THE COMPANY’S LIABILITY

NOTHING IN THESE TERMS EXCLUDES OR LIMITS THE COMPANY’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, OR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.

THE COMPANY WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

1. USE OF, OR INABILITY TO USE, THE ART JAMEEL WEBSITE;
2. USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON, OR MATERIAL PROVIDED VIA THE ART JAMEEL WEBSITE;
3. USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON, OR MATERIAL PROVIDED VIA, WEBSITES LINKED TO THE ART JAMEEL WEBSITE INCLUDING WITHOUT LIMITATION THE CONTENT;
4. LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ART JAMEEL WEBSITE OR ANY WEBSITE LINKED TO IT, OR TO YOUR DOWNLOADING OF ANY CONTENT OR MATERIAL ON IT, OR ON ANY WEBSITE LINKED TO IT; OR
5. USE BY A PERSON IN A JURISDICTION WHERE THE ACCESS TO OR AVAILABILITY OF THE ART JAMEEL WEBSITE IS PROHIBITED OR SUBJECT TO ANY RESTRICTION.

IF YOU ARE A BUSINESS USER, PLEASE NOTE THE ART JAMEEL WEBSITE IS PROVIDED FOR PERSONAL USE ONLY AND IN ADDITION THE COMPANY ALSO WILL NOT BE LIABLE FOR:

1. LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
2. BUSINESS INTERRUPTION;
3. LOSS OF DATA;
4. LOSS OF ANTICIPATED SAVINGS;
5. LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
6. ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

NO WARRANTIES

THE ART JAMEEL WEBSITE IS PROVIDED “AS IS” AND NO WARRANTIES OF ANY KIND ARE GIVEN EXPRESS OR IMPLIED IN RESPECT OF THE ART JAMEEL WEBSITE, ALL CONTENT OF THE ART JAMEEL WEBSITE AND IN THE MATERIAL PUBLISHED ON THE ART JAMEEL WEBSITE, INCLUDING WITHOUT LIMITATION THE CONTENT. SPECIFICALLY, WITHOUT LIMITATION, THE COMPANY DOES NOT WARRANT THAT:

1. YOU WILL BE ABLE TO USE THE ART JAMEEL WEBSITE OR THAT IT WILL CONTINUE TO BE MADE AVAILABLE IN ITS CURRENT OR ANY OTHER FORM;
2. THE CONTENT ON THE ART JAMEEL WEBSITE OR THE MATERIAL AVAILABLE VIA THE ART JAMEEL WEBSITE, INCLUDING WITHOUT LIMITATION THE CONTENT, IS ACCURATE, COMPLETE OR UP-TO-DATE; NOR
3. THE ART JAMEEL WEBSITE OR ANY SOFTWARE OR MATERIAL OF WHATSOEVER NATURE AVAILABLE ON OR DOWNLOADED FROM IT WILL BE FREE FROM VIRUSES OR DEFECTS, COMPATIBLE WITH YOUR EQUIPMENT OR FIT FOR ANY PURPOSE.

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR SKILL AND CARE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNITY

YOU AGREE TO INDEMNIFY THE COMPANY AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, IMMEDIATELY ON DEMAND, AGAINST ALL CLAIMS, LIABILITY, DAMAGES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, ARISING OUT OF ANY BREACH OF THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE ART JAMEEL WEBSITE.

Children aged under 16

If you are under 16, you must ask your parent or a guardian before you:

1. email the Art Jameel Website or submit an enquiry;
2. make a Contribution;
3. ask Art Jameel to email anything to you; or
4. send any information to Art Jameel.

By continuing to use the Art Jameel Website and any of the services offered by it, you are confirming you have received the informed consent of your parent or a legal guardian.

Waiver

Any waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is written.

No failure to exercise or delay in exercising any right or remedy provided under these Terms or by law constitutes a waiver of such right or remedy, nor shall it prevent or restrict any future exercise or enforcement of such right or remedy.

No single or partial exercise of any right or remedy under these Terms shall prevent or restrict the further exercise of that or any other right or remedy.

Alterations or amendments to Terms

The Company reserves the right at any time and without any prior notice (written or otherwise) to amend these Terms.  You are subject in respect of your use of the Art Jameel Website to whatever iteration of Terms apply at the time of your use of the Terms.

Severability

If any competent legal authority determines any part of these terms of use is illegal or unenforceable, then such part will be eliminated and the remaining terms of use will remain in force and effect and continue to apply to your use of the Art Jameel Website.

Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in accordance with them or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the English law.

Each party to these Terms irrevocably agrees, save as provided in the next paragraph, that the courts of the Dubai International Financial Centre shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and any sale of products from the Shop or its subject matter or formation.

Each party to these Terms further recognises that insofar as the value of the dispute or claim permits, that the DIFC Small Claims Tribunal shall have exclusive jurisdiction in respect of the settlement of such dispute, and that where such claim does not qualify the provisions of the preceding paragraph shall apply.

Contact us

To contact us, please email [email protected] or use the enquiry form available on the Art Jameel Website.

Date of Terms of Use: October 2021