TERMS OF SERVICE
Effective Date: December 08, 2023
These Terms of Service (“Terms”) define the rules of using the Platform (as defined below), except where the Company expressly states that separate terms (and not these) apply and provide information about the Platform/ Service, outlined below.
By creating an account on the Platform or utilizing the Platform You implicitly consent to abide by these Terms. If You do not agree with these Terms, please refrain from using the Platform.
These Terms therefore constitute an agreement between You and Company.
PLEASE NOTE THAT ACCESS AND USE OF OUR PLATFORM AND SERVICES ARE ONLY PERMITTED TO INDIVIDUALS WHO ARE 16 YEARS OF AGE OR OLDER. BY REGISTERING THE ACCOUNT AND/OR USING OUR SERVICES, YOU CONFIRM THAT YOU ARE 16 YEARS OF AGE OR OLDER.
1. Definitions
“Administration” means Company, third parties authorized by Company, and a person or a group of persons appointed by Company to monitor the Users' compliance with the Terms.
“Account” means a personal account registered by a User on the Platform to use the Platform and get the Services.
“Coins” means special in-app currency, designed exclusively for use within the Platform and devoid of real-world value.
“Company” means BHC PLATFORMS FZCO, registered at the address: 29214-001, IFZA Business Park, DDP, Dubai, UAE. The Company can also be referred to as “We,” “Us,” or “Our” in the Terms.
“Marketplace” means a platform or environment where a User can purchase (specific video content offered by other Users or the Platform or/and sell User-Generated Content (UGC) as defined in User-Generated Content Policy [link].
“Platform” means the Bloggshouse social network hosted at https://bloggshouse.com/ (Web version) and/or the Bloggshouse mobile application (Mobile version) owned or operated by the Company that provides Users with a convenient and user-friendly platform for creating, managing, and sharing User-Generated Content.
“Services” means any digital product provided by the Company, which includes, but is not restricted to, the Platform as well as the set of Services provided to Users while using the Platform and other related offerings.
“User(s)” means a person who has registered the Account on the Platform and uses it to socialize, post User-Generated Content and interact with other Users or uses the Platform without registering such an Account. Users who interact with the Platform without creating an Account; however, its interaction is limited to viewing content via Web version only. Users also can be referred to as “You”, “Your” in the Terms.
In these Terms, if any term is not defined in Section 1, its interpretation shall be understood from the context in which it is used within these Terms. Should the context not sufficiently clarify the term’s meaning, it should be interpreted based on, in order of priority: first, the legislation of UAE; next, explanations provided on the website https://bloggshouse.com/; and lastly, by the commonly accepted meaning of the term according business customs.
2. General provisions
2.1. These Terms outline the usage procedures for the Platform and the Services, and govern the relationship between the Company and the Users arising from the use of the Platform. The Company does not guarantee the uninterrupted or error-free operation of the Platform or Services and provides them on an 'AS IS' basis without any warranties of any kind. The Company reserves the right to discontinue access to the Platform and Services for any User who breaches these Terms, at any time and without prior notice.
2.2. Eligibility to Use the Platform:
2.2.1. Age rate. The Platform is intended for Users who are at least 16 years old. The specific age may vary depending on jurisdiction or other factors. Users found to be below the age requirement (not covered by exemptions) will face appropriate consequences which may include, but are not limited to, temporary suspension, permanent ban, or any other action deemed appropriate by the Company. Each User is solely responsible for all actions taken from its Account, irrespective of whether it authorized such actions or not. This includes any actions taken by individuals below the age requirement using the User's account.
2.2.2. Age verification. The Company reserves the right to verify the age of any User at any time. Users may be required to provide valid identification or other proof of age to continue accessing and using the Platform. Failure to comply or provide accurate information may result in restricted access or termination of the Account.
2.2.3. Previous Suspensions. The User Account should not have been previously suspended due to legal reasons or for breaching Our policies or Terms.
2.2.4. Purchases by Minors. The Company permits purchases within the Platform only for Users who are 18 years of age or older, which is the age of majority in many jurisdictions. Users under the age of majority must have permission from a parent or legal guardian to make any purchases (if applicable). By conducting a purchase on the Platform, User under the age of majority is representing that it has obtained such consent. The Company reserves the right to request proof of this permission and to refuse or cancel purchases if such proof is not provided or if the Company suspects that consent was not given.
2.3. License.
2.3.1. The Company does not claim ownership of the User-Generated Content that Users upload or share via the Platform. However, to provide the Service, the Company requires certain legal authorizations (referred to as a license) from the User.
2.3.2. By uploading or sharing User-Generated Content that is protected by intellectual property rights on or in connection with the Platform, the User grants the Company a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform, display, translate, and create derivative works of their User-Generated Content, consistent with the User's privacy and application settings. This license will continue even if User-Generated Content is removed from the Platform, to allow for the continued use of previously shared and redistributed User-Generated Content. You have the option to delete specific User-Generated Content or all of it by terminating Your Account.
2.3.3. You grant the Company the right to:
- use Your username, profile picture, and details about Your interactions and relationships with accounts, advertisements, and sponsored User-Generated Content;
- display Your username, profile photo, and details of Your interactions or affiliations alongside or in relation to Accounts, advertisements, promotions, and other sponsored User-Generated Content You interact with or follow on the Platform, without providing any compensation to You.
2.4. Terms Modification. The Company reserves the right to modify these Terms at its sole discretion without any obligation to notify the User in advance or obtain its agreement. If the User disagrees with the Company, the Terms in effect at the time Company is notified by the User will apply. The User may not assign any rights or obligations under the Terms to another party without the Company’s consent. Conversely, the Company may assign its rights and obligations under the Terms to any third party. In the event of such an assignment, the Company will provide notice of any changes to these Terms.
2.5. Severability. Each clause within the Terms operates independently. Should any clause be deemed invalid, illegal, or unenforceable, it will not affect the validity, legality, or enforceability of the remaining clauses. Any unenforceable clause will be treated as severed from these Terms, and the rest of the Terms will remain in effect as if the severed clause had not been included.
2.6. Service Discontinuation. The Company reserves the right to suspend or terminate the Services, either temporarily or permanently, without providing any compensation or prior notice to the User.
2.7. Geographic Restrictions. The Company may impose geographic restrictions on the availability of the Services and access to the Platform at its discretion.
2.8. Technical Maintenance. From time to time, the Company may undertake technical maintenance or upgrades to enhance the Platform's functionality. During such periods, the Platform and/or Services may be temporarily unavailable.
2.9. Third-Party platforms. The Services may be accessible or offered through third-party platforms, including but not limited to Google Play and App Store. Users acknowledge that such third-party platforms operate under their own terms and conditions or policies, and the Company is not responsible for the content, policies, or activities of these platforms. The Company does not in any manner regulate or control how Users interact with or use these third-party platforms.
2.10. External Websites. The Services may contain links to external websites that are not operated or controlled by the Company. We are not responsible for the content, policies, or practices of these third-party sites. Users are encouraged to review the terms and privacy policies of any third-party websites or services they visit.
3. User`s Account
3.1. Account Creation.
3.1.1. To access certain features or Services offered by the Platform, Users are required to establish an Account. During this process, it is imperative to provide accurate, up-to-date and complete information. This information should be regularly updated to ensure its accuracy. Users may authenticate their accounts using various methods such as Google, Apple, Facebook, email, or other means as may be established by the Company.
3.1.2. Safeguarding Your account password is crucial. Refrain from sharing it with any external parties. Should You become aware or have reasons to believe that Your password has been compromised or misused, notify us immediately via email specified in clause 10.
Please be informed that all actions and activities initiated from the User's Account are Your responsibility. We urge each User to exercise caution and ensure the security of the Account.
3.2. Account Usage.
3.2.1. Users are strictly prohibited from selling, buying, renting, exchanging, or giving away their Accounts associated with the Platform under any circumstances.
3.2.2. All activities performed on the Platform shall be in accordance with these Terms, with particular emphasis on Section 5. User is responsible for ensuring that its actions on the Platform comply with all local, state, national, and international laws.
OWNERSHIP DISCLAIMER. WHILE USER MAY HAVE ACCESS TO AND THE ABILITY TO USE ITS ACCOUNT, USER DOES NOT POSSESS ACTUAL OWNERSHIP OF THE ACCOUNT. THE PLATFORM MAINTAINS FULL OWNERSHIP AND THE RIGHT TO MANAGE, MODIFY, OR DELETE ANY ACCOUNT AS DEEMED NECESSARY BY THE COMPANY.
3.3. Account Deletion. The Company retains the right to disable or terminate the User's Account at its discretion.
3.3.1. Primary reasons for potential Account deactivation include:
- Failing to adhere to any provisions of the Terms;
- Engaging in activities on the Account that, in the Company’s sole discretion, may compromise or interfere with the Services;
- Engaging in activities that infringe or violate the rights of third parties;
- Any activities contrary to applicable local, state, national, or international laws and regulations.
3.3.2. Specific Terms Pertaining to Account Deletion:
- User’s Account may be subject to deletion if the Company decides to cease its Services either on a global scale or within specific territories or regions.
- Other specific reasons for Account deletion may be outlined by the Company or in separate agreements.
3.3.3. In the event the Account remains inactive (i.e. no login to the account, no correspondence with other Users, no User-Generated Content publishing and other activity), for a continuous period of three (3) years, the Company reserves the right to delete an Account, and if there are Coins left on the Account balance:
(a) transfer of the remaining Coin balance to the last known details provided by the User (linked card/account/wallet), or
(b) void the Coin balance and proceed with Account deletion.
3.3.4. Users are advised to keep their contact and withdrawal details up to date to prevent any unintentional transfers or account termination.
3.3.5. User-Requested Account Deletion.
To delete an Account, Users should contact us via email specified in clause 10. Our team will guide you through the deletion process.
Before deleting the Account with a Coin balance, Users must withdraw all funds. The Account will not be deleted until the full withdrawal of Coins. In the event of Company-initiated deletion, all funds will be transferred to the linked card/account/wallet. If no such link exists and the User does not specify an alternative method for transfer when contacted by the Company, the remaining balance may be forfeited.
Note: If the Account is engaged in a dispute, deletion will be on hold until the issue is resolved to avoid disrupting the resolution process.
3.3.6. Consequences of Account Deletion.
Once an Account is deleted, it cannot be reactivated. All associated content and information will be permanently removed.
The Company is not liable to offer compensation or refunds upon User-initiated Account deletion or for deletions carried out by the Company.
4. Content
4.1. Company's Content.
4.1.1. The Company's content encompasses all elements of the Services, including but not limited to software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and the design, selection, and arrangement thereof (“Company's Content”).
4.1.2. All intellectual property rights, both registered and unregistered, in the Company's Content are either owned by or licensed to the Company. Any unauthorized replication, distribution, or modification is strictly prohibited and may be subject to legal action.
4.1.3. Use of the Company's Content is permitted only with express authorization and is subject to these Terms. This includes any derivative use or making adaptations of the Company's Content. Any unauthorized use, reproduction, distribution, or adaptation of the Company's Content may result in the immediate termination of your access to the Services/Platform and could lead to legal action.
4.1.4. Unless explicitly stated in these Terms, no rights or licenses are granted, either implicitly or otherwise, to any of the Company's Content. All rights not explicitly granted to Users in these Terms are reserved by the Company and its licensors.
4.1.5. You are provided a limited, royalty-free, revocable, and non-exclusive license to access and use our Services/Platform. This license allows the User to download the Platform on an approved device and to access the Company's Content. Any breach of these Terms may result in the revocation of this license. (see EULA for details at [link]).
4.1.6. All title, ownership rights, and intellectual property rights concerning the Services, and the Company's Content shall remain with the Company and its licensors. No transfer of ownership or rights is made or implied by these Terms.
4.1.7. The Company has the right to terminate the license granted to User at any time, with or without cause. By using the Services, you acknowledge and agree to this term.
4.2. User-Generated Content.
4.2.1. User-Generated Content on the Platform refers specifically to videos or other content that are created and uploaded by Users.
4.2.2. Users may upload, post, stream, or otherwise provide videos with sound recordings and the musical works included therein or other content. Users may have the opportunity to remix, edit, and repurpose parts or the entirety of other User-Generated Content on the Platform to create new contributions, subject to copyright laws and provided that they have obtained all necessary permissions from the original content creators. This permission is for the creation of new User-Generated Content or collaborative projects that enrich the community experience on the Platform. Additionally, Users may also enhance their User-Generated Content by adding music, graphics, stickers, and other elements provided by the Company. User-Generated Content is deemed non-confidential. Confidential User-Generated Content must not be submitted or transmitted through the Platform.
4.2.3. Prior to submitting User-Generated Content, ensure that You either own the User-Generated Content or have secured the necessary permissions and clearances from the rightful owner. For users who solely possess rights to a sound recording and not the musical works embedded within, it's imperative to acquire requisite permissions and clearances from the User-Generated Content owner before sharing it on the Platform.
4.2.4. Additionally, by marking the provided checkbox prior to publication, the User acknowledges and confirms its status as the original author or rightful owner of the submitted User-Generated Content. The User agrees that before publishing User-Generated Content on the Platform, the User-Generated Content will be subject to verification for prohibited User-Generated Content or User-Generated Content that violates the rights of third parties. The Company reserves the right to refuse to publish User-Generated Content if it has not been verified or failed it.
4.2.5. While the User or the original owner retain copyright, by submitting User-Generated Content, the User grants the Company a worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable license to use, adapt, modify, reproduce, publish, and distribute the User-Generated Content.
4.2.6. This license also allows other Platform Users and third parties to engage with the User-Generated Content on the Platform, including using Your username, image, voice, and likeness to attribute You as the source of the User-Generated Content.
4.2.7. You warrant that your User-Generated Content adheres to the Platform’s standards and accept responsibility for any violations, including any resulting damages or losses.
DISCLAIMER: THE COMPANY DOES NOT ENDORSE ANY USER-GENERATED CONTENT POSTED BY USERS. THE VIEWS EXPRESSED BY USERS DO NOT NECESSARILY REFLECT THE VIEWS OR VALUES OF THE COMPANY OR OUR PLATFORM.
4.3. Restricted User-Generated Content
- Violence and cruelty: User-Generated Content containing violence, harassment, cruelty, or physical aggression that may harm the physical or emotional well-being of individuals.
- Hate speech: User-Generated Content promoting discrimination, hate, or inciting violence against individuals or groups based on their race, gender, religion, ethnicity, nationality, or other protected characteristics.
- Graphic or explicit User-Generated Content: User-Generated Content featuring explicit sexual content, graphic violence, or disturbing imagery that may be inappropriate for a general audience.
- Copyright infringement: Use of copyrighted material without authorization in violation of copyright laws.
- Harassment and cyberbullying: User-Generated Content aimed at harming individuals, including personal attacks, doxxing, or sustained harassment.
- Misinformation and disinformation: User-Generated Content spreading falsehoods or misleading information, particularly regarding health, safety, or sensitive subjects.
- Dangerous or harmful activities: User-Generated Content encouraging dangerous activities, self-harm, or illegal actions.
- Spam and deceptive User-Generated Content: User-Generated Content intended to deceive viewers, such as clickbait, fraudulent schemes, or fake promotions.
- Child exploitation: User-Generated Content involving the exploitation of minors or any content that sexualizes children.
- Privacy violations: User-Generated Content that breaches privacy by sharing personal data without consent or unauthorized recordings in private spaces.
This list is not exhaustive, and the Company reserves the right to determine at its discretion what constitutes a violation of these User-Generated Content standards. The Company may update these restrictions as it deems necessary to ensure the safety and integrity of the Platform. Users are encouraged to report any content that they believe violates these restrictions.
4.4. Violation Report
4.4.1. The Company takes copyright matters seriously and values the UGC created by the Users. If You believe that Your copyright rights have been infringed by another User of the Platform, please take note of the following guidelines:
(a) Contact Us: If you find that your copyright has been infringed on the Platform, please contact our Support Service via email specified in clause 10.
(b) Evidence Submission: When filing a complaint, ensure You have all the necessary evidence to support Your claim of ownership of the UGC and the infringement committed by another User.
(c) Complaint Review: We will review each complaint thoroughly and expedite resolution.
(d) Cooperation: We may require additional information from ou You resolve the complaint effectively.
4.4.2. Notice to Alleged Infringer: Upon receiving such a report, the Company will notify the User who published the disputed User-Generated Content, requesting them to validate their ownership or provide evidence supporting their right to publish the User-Generated Content within ten (10) business days.
4.4.3. The Company reserves the right to make a final decision on any ownership disputes based on the evidence provided by both parties. In cases where the original claim is substantiated, the disputed User-Generated Content may be removed or rights may be reverted to the rightful owner.
4.4.4. In cases where disputes arise among Users regarding User-Generated Content ownership, rights or related issues, the Platform reserves the right to temporarily or permanently remove the disputed User-Generated Content. This action may be taken when the Company is unable to make a definitive decision based on the provided data or evidence. Such measures are taken to ensure the protection of the rights and interests of all community members until the dispute is conclusively resolved.
4.4.5. The Company actively monitors User activity to prevent and combat spam. If a User systematically engages in sending unjustified User-Generated Content removal requests against various Users, the Company reserves the right to consider such behavior as spam activity. If a User's spam activity is confirmed, the Platform may take actions, including but not limited to, temporary suspension of the Account or its complete deletion. The decision to take such measures is made by the Administration based on an analysis of the User's activity and in accordance with community rules.
4.4.6. The Company reserves the right to determine the consequences of violation by the User of these Terms on a case-by-case basis. Actions taken may include, but are not limited to, deactivation or deletion of the User's Account.
4.4.7. If you believe an error has been made in a decision, you may appeal by contacting our Support Team with substantial evidence via email specified in clause 10.
5. Additional features of the Platform.
5.1. Streams and Battles. The Users also can engage actively by hosting streams and battles.
5.1.1. Streams: Users can broadcast live video content, such as gameplay, tutorials, or other types of User-Generated Content. This feature allows for real-time engagement and sharing of User-Generated Content with a broad audience.
5.1.2. Battles: Users are invited to partake in 'battles,' which are structured as skill-based competitions or interactive debates. These friendly contests are designed to enhance community engagement and allow Users to showcase their talents and opinions. Participation is for entertainment purposes and the opportunity to gain recognition within the community. Prizes, if any, are awarded based on skill and are not contingent on chance, ensuring compliance with anti-gambling regulations.
NOTE: ALL PROVISIONS OF THE TERMS (ESPECIALLY SECTION 7) ALSO APPLY TO STREAMING AND BATTLES.
5.2. Paid features. The Platform provides paid options to enhance the visibility and reach of User-Generated Content. Users can opt to promote their streams, battles, or other content, increasing the likelihood of discovery by a wider audience. This can be advantageous for Users seeking to expand their following, engage more viewers, or monetize their User-Generated Content through various channels.
6. Paid Services and payments
6.1. Paid User-Generated Content
The Users have the privilege to list and sell User-Generated Content, particularly videos (with or without an NFT label), on the Marketplace that other Users can purchase. The User determines the cost of its User-Generated Content independently. Selling a copyrighted User-Generated Content implies transfer of intellectual property rights in full to the buyer. This ensures that the buyer becomes the sole owner of the User-Generated Content post-purchase.
6.1.1 NFT Videos. On the Platform Users can create a special category of User-Generated Content marked as NFT. This User-Generated Content comes with a distinguishing NFT label. Once uploaded, no changes to the User-Generated Content’s properties are allowed. Each NFT User-Generated Content is exclusive to the Platform and cannot be modified after creation.
6.1.2. External NFT Videos: In addition, the Platform is open to showcasing (buying/selling) NFT UGC created on external blockchain platforms (e.g. OpenSea and others). The Company does not assume liability for the authenticity or copyright compliance of NFTs from third-party platforms.
6.2. Copyright Confirmation: Before listing a UGC in the Marketplace, the User must confirm it holds the copyright to the UGC. This maintains the integrity of Marketplace transactions.
6.2.1. Responsibility rests with the User regarding any copyright-related disputes or claims. This encompasses claims coming from original creators or copyright holders related to any aspect of the User-Generated Content, including its footage, background music, and more.
6.2.2. Users who post User-Generated Content that violates copyright laws must address and resolve the infringement within ten (10) business days from receiving a notification. In instances where the User fails to address the issue within this timeframe, the Company retains full authority to remove the infringing User-Generated Content from the Platform without furnishing any further notices.
6.3. Payments
6.3.1. Our Platform provides multiple ways for Users to make payments. The Company may charge a Service fee (if applicable). Any fees will be disclosed to the User before the completion of the transaction.
The following elaborates on the accepted methods:
(a) NFT Payments:
Users can seamlessly transfer NFTs from their personal digital wallets to the dedicated wallet present on the Platform (and vice versa). Ensure You trust the connection and provide the correct credentials when importing NFTs. Our Platform is committed to maintaining a secure transaction environment, but Users are advised to always be cautious.
(b) Coin Payments:
Coins function as an internal digital asset within the Platform, facilitating transactions for Services such as the purchase of UGC or the ability to donate in the community.
NOTE: Users should be aware that Coins do not represent a legal tender or financial instrument, possess value only within the Platform and do not hold any real-world value outside of the Platform.
(с) Withdrawal Mechanism:
After acquiring (gaining) a certain number of Coins, Users can initiate a withdrawal request. Once approved, the corresponding amount will be converted and sent to the User's registered card. There might be thresholds or limits on withdrawal amounts and frequency. Ensure You check the guidelines or contact support if unsure.
Withdrawals can be initiated by Users at any time, with the exception of periods where the User’s Account is subject to an appeal process. Restrictions on withdrawals will be lifted following the resolution of the appeal.
Full details on acquiring and using Coins, including their features, in-app value, and conversion mechanisms with other digital assets, will be outlined within the Platform.. Real-time conversion rates, if applicable, between the Coins and other assets will be displayed within the Platform for transparency.
Users are urged to read and understand the payment details thoroughly. Should any confusion arise, the Company’s support team is always available to assist. Making informed decisions ensures a smooth and enjoyable experience on the Platform.
6.3. Refund Policy
6.3.1. All transactions conducted directly on Our Platform are generally non-refundable. This applies regardless of the payment method used. Exceptions to this policy are made only when refunds are mandated by applicable local or national laws. In such cases, customers are required to provide necessary documentation or proof to support their claim for a refund as per the stipulated legal requirements.
6.3.2. For transactions executed via third-party platforms or sites, the refund policies of those respective entities will take precedence. Our Platform defers to and respects the refund protocols set forth by these third parties and does not have the authority to override them.
6.3.3. Should you have any inquiries or concerns regarding transactions on the Platform, we encourage you to contact the relevant third-party platform directly. For queries related to direct purchases from Our Platform, please contact our Customer Support at [email protected]. We are committed to providing assistance and clarifying any uncertainties you may have regarding our Refund Policy.
6.4. Taxes Responsibility: Users are solely responsible for determining any tax implications and reporting responsibilities related to their use of the Platform, including transactions involving digital assets. Users should consult with their own tax advisors to ensure compliance with applicable tax laws and regulations in their jurisdiction. The Platform does not provide tax advice and disclaims any liability for the tax consequences of any transactions carried out on the Platform.
7. Platform Rules of Conduct
7.1. All Users are required to strictly adhere to the Terms that stated conduct rules when utilizing the Platform, especially the social network and chat functionalities.
7.2. The Company holds the indisputable right to enforce these rules. Actions against violators may range from warnings to Account suspension or permanent termination.
7.3. Account Integrity and Identity:
- Impersonation of others on the Platform is strictly forbidden, including the unauthorized use of another User's likeness or claims of false identity.
- Users must provide accurate, truthful, and current information during registration and when updating personal data.
- Creating Accounts for others without their express consent is not allowed.
The above list is not exhaustive.
7.4. Prohibited Actions:
- Engaging in unlawful, misleading, or fraudulent activities.
- Violating, or encouraging others to violate, these Terms or Company policies.
- Interfering with the intended operation of the Service, including misuse of any reporting, dispute, or appeals channels.
- Unauthorized Account creation, access, or information collection.
- Posting private or confidential information without permission or infringing on others' rights, including intellectual property rights.
The above list is not exhaustive.
7.5. Chat Conduct:
The User must refrain from:
- Harassment or offensive messages.
- Discriminatory or prejudiced language (Hate speech).
- Irrelevant or repetitive messages (Spamming).
- Deliberate provocations (Trolling).
- Unauthorized sharing of personal information (Doxxing).
- Intimidation or targeting (Bullying).
- Pretending to be someone else (Impersonation).
- Steering conversations off-topic.
- Overly promoting personal interests unrelated to the chat.
The above list is not exhaustive.
7.6. Consequences and Accountability:
7.6.1. The Company will determine the appropriate response to misconduct on a case-by-case basis, which may include temporary or permanent Account restrictions.
7.6.2. Users who dispute the Company's actions can appeal by contacting the Support Team with evidence supporting their case via email specified in clause 10.
8. Limitations of Liability:
8.1. General Limitations:
The Company shall not be liable for:
8.1.1. Loss of Profits: Any direct, indirect, incidental, or consequential loss of profits that may occur as a primary or secondary result of any event related to the use of the Platform.
8.1.2. Reputation: The loss of business reputation, goodwill, or similar intangible losses.
8.1.3. Missed Opportunities: Any missed business opportunities, including potential collaborations or partnerships.
8.1.4. Data Loss: Loss or corruption of User data or content.
8.1.5. Other Damages: Any other types of indirect or consequential damages that the User may suffer.
8.2. Avoidable Damages: The Company is not liable for damages that could have been avoided by:
8.2.1. Following Advice: The application of updates or patches provided to the User at no additional cost.
8.2.2. Adhering to Guidelines: Strict compliance with installation procedures or operational guidelines provided by the Company.
8.2.3. System Requirements: Ensuring that the User's systems meet the minimum specifications recommended by the Company.
The above limitations apply even if the Company was advised of the possibility of such damages.
8.3. Third-Party Disputes: The User acknowledges that any disputes arising from the use of the Services involving third parties are solely between the User and the third party. This includes disputes with service providers, copyright holders, or other Users. The User agrees to release the Company and its affiliates from any claims, demands, or damages of every kind related to such disputes.
9. Governing Law and Dispute resolution
9.1. Governing Law. The Terms and any claims or disputes arising out of or in connection with them are governed by the laws of the United Arab Emirates (UAE), except for the cases below.
9.1.1. For Residents in the USA and Canada:
Any disagreements or issues stemming from or related to these Terms shall be subject to the laws of the State of California, USA. This includes any potential conflicts of law, with particular attention to the United States Federal Arbitration Act which oversees the understanding and application of the agreement to arbitrate, excluding class actions.
9.1.2. For Residents in Australia:
Any disagreements or issues stemming from or related to these Terms will be overseen by the relevant laws of Australia.
9.2. Dispute resolution. In the event of any disputes or disagreements arising out of or relating to the interpretation, performance, or termination of these Terms, both parties shall endeavor to resolve the same through amicable discussions (to negotiate such dispute within 60 calendar days following the receipt of a written notice of dispute). Written notifications must be mailed to the address provided in Section 1 of these Terms and also emailed to email specified in clause 10.
Such notifications should include (1) full name and contact details of the person filing the claim as well as their representative (if applicable); (2) outline of the claim's essence and its foundational reasons; (3) specification of the actions expected from Company in relation to the claim. If the parties fail to resolve the dispute through discussions (as defined above), the dispute shall first be referred to confidential arbitration.
9.3. For USERS, resident in:
9.3.1. Australia. Any legal disputes, claims, or related issues between You and Company that arise from or are in any way connected to these Terms will be addressed in line with relevant Australian laws and may, for example, be presented in the local small claims court.
9.3.2. USA and Canada. Any disputes, claims, or disagreements between You and the Company related to or arising from these Terms will be settled through confidential binding arbitration under the oversight of a single commercial arbitrator from the American Arbitration Association (“AAA”), known as Binding Arbitration. We will use the AAA's rules and guidelines, specifically the Consumer Arbitration Rules. If there's any inconsistency between these Terms and the AAA's rules, these Terms will prevail. Arbitration will begin in San Francisco, California, USA. Both You and the Company consent to the jurisdiction of this location for compelling arbitration, pausing proceedings during arbitration, or to confirm, adjust, overturn, or enforce the arbitrator's decision. The arbitration will be conducted in English. You recognize that You are willingly giving up Your right to a jury trial and the option to pursue a case in state or federal court. The decision made by the arbitrator will be conclusive for both You and the Company and can be upheld in any appropriate court.
9.3.3. European Union (and elsewhere).
Any disputes, claims, or disagreements between You and the Company related to or arising from these Terms will be settled through Dubai International Arbitration Centre (DIAC) in accordance with the DIAC Arbitration Rules (2022). The venue of the arbitration shall be Dubai, language shall be English. You and the Company agree that DIAC's decision is final and binding.
Any legal claim or dispute (if it is impossible to apply the provisions of the paragraph above concerning the arbitration) the User may file against the Company must be resolved exclusively by a court located in UAE.
10. Contact Information
10.1. For questions or concerns regarding these Terms of Service, please contact Us at: e-mail [email protected]; phone: +971561009698.