Legal
This document contains important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that apply to you. Please read it carefully.
By accessing or using the digital platforms (as defined below), you accept and agree to be bound by these terms of use (“Terms of Use”) (except as otherwise provided herein) and our Privacy Policy and you represent that (a) your access to and use of the digital platforms will be in accordance with these Terms of Use and all applicable laws, rules and regulations and (b) you are of legal age to enter into a binding contract. If you do not agree to these Terms of Use and the Privacy Policy you may not access or otherwise use the digital platforms.
The following Terms of Use are entered into by and between you and Art Dubai Fair FZ LLC (“Art Dubai”), a limited liability company whose registered company number is 93088, incorporated under the laws of the Dubai Creative Clusters and having its principal place of business at Office 403A – 404A, Building 7, Dubai Design District, Dubai, United Arab Emirates. (“Art Dubai” or “we” or “us” or “our” or other similar pronouns) and, together with any documents incorporated herein by reference, govern your access to and use of the Art Dubai’s website www.artdubai.ae, whether accessed through the Art Dubai’s website (desktop or mobile) and/or Art Dubai applications for mobile and tablet devices (collectively, the “Digital Platforms”).
For the avoidance of doubt, your use of certain areas, services or features of the Digital Platforms may be subject to additional terms of use, which will be posted or otherwise made available to you in connection with such area or feature.
Electronic Communication
When you access or use the Digital Platforms, provide your e-mail address to a Art Dubai representative, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Digital Platforms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Intellectual Property and Proprietary Rights
As between you and Art Dubai, Art Dubai owns, solely and exclusively, all right, title and interest in and to the Digital Platforms and all elements thereof, including: all the content (including without limitation audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, Trademarks, etc.), software, code, data and materials used therein or available thereon; the look and feel, design and organization of the Digital Platforms; the compilation of the content, code, data and materials in the Digital Platforms; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing. Your use of the Digital Platforms does not grant to you any right, title or interest in any element thereof, and Art Dubai’s (or our applicable licensors, partners, or affiliates) owns and retains all right, title and interest (including all intellectual property and proprietary rights) therein and thereto.
You must not use the Digital Platforms or its content: (i) for any unlawful purpose, or (ii) for any purpose which is offensive or disrespectful (including without limitation offensive or disrespectful to the culture of the United Arab Emirates), or (iii) to harass, abuse, insult, harm, defame, slander or intimidate others, or (iv) to spam, or to otherwise interfere with the security of the Digital Platforms or any digital platform related to Art Dubai, other digital platform on the internet. Art Dubai reserves the right to terminate (without any liability whatsoever) your use of the Digital Platforms or any digital platform related to Art Dubai for violating any of the prohibited uses.
Limited License
Subject to the restrictions and limitations set forth in these Terms of Use, we grant you a limited license to access and use the Digital Platforms for internal purposes of (a) accessing and viewing the content on the Digital Platforms on your computer or other Internet compatible device, including mobile devices and tablets, (b) making single copies or prints of the content on the Digital Platforms, and (c) non-commercial research, information, use or education. The Digital Platforms and the services offered on or through the Digital Platforms, including any content, software, code, data and materials thereon, are only for your own personal, non-commercial use.
Prohibited Use
Any commercial distribution, publishing, use or exploitation of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms), is strictly prohibited unless you have received the express prior written permission of Art Dubai or the applicable rights holder.
Other than as expressly permitted under these Terms of Use, you may not (i) download, publish, perform, display, distribute, copy, imitate, mirror, reproduce, post, transmit, modify, adapt, edit, create derivative works from, transfer, sell, license, rent or otherwise exploit or make commercial use of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms) or (ii) translate, reverse engineer, decompile, decrypt, disassemble, or convert into human readable form the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms) not intended to be so read (this includes using or directly viewing the underlying HTML or other code from the Digital Platforms except as interpreted and displayed in a web browser).
As a condition of your access to and use of the Digital Platforms, you agree that you will not use the Digital Platforms or any element thereof for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by these Terms of Use, or any other purpose not permitted under these Terms of Use. You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Digital Platforms from a jurisdiction where such access or use illegal or unauthorized. By way of example, and not limitation, you agree that while using the Digital Platforms and the various services and features offered on or through the Digital Platforms, you shall not:
(a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;
(b) reveal any personal information about another individual, including another person’s name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
(c) insert your own or a third party’s advertising, branding or other promotional content into any of the any services, content, functions, information, materials or products available through the Digital Platforms; use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or otherwise engage in unauthorized or unsolicited advertising or marketing;
(d) engage in data mining, spidering, “screen scraping,” “database scraping,” harvesting of catalogue information, e-mail addresses, IP addresses or other contact or personal information, or any other automatic means of obtaining information from the Digital Platforms or through the Digital Platforms or the services offered on or through the Digital Platforms;
(e) obtain or attempt to obtain unauthorized access to computer systems, materials or information that is not intentionally made publicly available by Art Dubai through any means, including through password mining;
(f) use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms in violation of Art Dubai or any third party’s intellectual property or other proprietary or legal rights;
(g) frame or link to the Digital Platforms without our express written permission;
(h) engage in activities, or use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms, in a manner that could damage, disable, overburden, or impair the Digital Platforms or our (or our third-party service providers’) computing, storage or communications infrastructure, or interfere with any other party’s use and enjoyment of the Digital Platforms;
(i) use or deploy any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Art Dubai or any third party; or
(j) attempt (or encourage or enable anyone else’s attempt) to engage in any of the foregoing prohibited activities or otherwise alter or interfere with the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms.
Changes To Digital Platforms
The Terms of Use may be changed by Art Dubai from time to time at its sole discretion without notice to you. If the Terms of Use are changed (such changes shall be deemed to form an integral part of the Terms of Use), the new version of the Terms of Use comes into force and will be enforceable from the day it is uploaded on the Digital Platforms and the continued use by you of the Digital Platforms following the posting of any changes to the Terms of Use constitutes your acceptance of those changes. Any new features or tools added to the Digital Platforms shall also be subject to the Terms of Use then in force
Information On Digital Platforms
Art Dubai cannot confirm the accuracy of any information on the Digital Platforms or whether such information is complete or up to date at any given time. Art Dubai may at its sole discretion update or remove any information on the Digital Platforms from time to time.
As the Digital Platforms is for information purposes only and is provided free of charge, access to it is not permanent or guaranteed. Accordingly, Art Dubai may at its sole discretion: (i) remove any content from the Digital Platforms, or (ii) close the Digital Platforms, or (iii) restrict or suspend access to some parts of the Digital Platforms or the entire Digital Platforms.
User Information; Account Registration
In the course of your use of the Digital Platforms, you may be asked to provide certain personal information to us (“User Information”), including if you choose to register a user account on the Digital Platforms. Our information collection and use policies with respect to the privacy of such User Information are set forth in the relevant Art Dubai Privacy Policy which are incorporated herein by reference.
Passwords And Security Procedure
Each registration with Art Dubai is for a single user only. If you choose, or if you are provided with a password or any other piece of information as part of Art Dubai’s security procedures, you must treat such information as confidential and you must not disclose it to any third party. Because security and access rights are important to Art Dubai and you, Art Dubai has the right to disable any password, whether chosen by you or allocated by Art Dubai, at any time, if in Art Dubai’s opinion you have failed to comply with any of the provisions of these Terms of Use of Use.
Content Upload
Approved persons can upload images and other materials, to the Digital Platforms via the login provided by Art Dubai.
The intellectual property rights in (including the copyright over) photographs, or any other materials, uploaded to the Digital Platforms must be the property of the person who makes it available for uploading. If that person does not own the intellectual property rights (including the copyright) that person must obtain a licence or consent from the owner for such use in advance. Art Dubai will not be, and you acknowledge that you will be, responsible, or liable to any third party, for the content or accuracy of any materials posted by you on the Digital Platforms.
You hereby grant:
(a) to Art Dubai a perpetual, royalty-free, irrevocable, non-exclusive licence in respect of any photographs, or other materials, uploaded to the Digital Platforms for the purposes of promoting and publicising Art Dubai or any events, fairs, or activities in which Art Dubai is involved, both within and outside the United Arab Emirates; and
(b) permission to Art Dubai and/or its appointed publicity contractors and/or publishers to create its own images of any exhibit or stand at any event for the same purposes as are mentioned above.
You must not upload material to the Digital Platforms that is unlawful, disrespectful or offensive (including without limitation disrespectful or offensive to the culture of the United Arab Emirates), defamatory, abusive, obscene, discriminatory or otherwise inappropriate, or which you do not have the appropriate rights to use. Art Dubai may, but has no obligation to, monitor, edit or remove, without liability, Digital Platforms content that Art Dubai determines in its sole discretion to be unlawful, disrespectful or offensive (including without limitation disrespectful or offensive to the culture of the United Arab Emirates), defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or the Terms of Use, or for any other reason.
Art Dubai is not responsible for loss or corruption of data, including accidental or intentional deletion by Art Dubai or you. In the case of you being involved in any dispute between Art Dubai and/or any third party, Art Dubai reserves the right to remove your uploaded photographs, or other materials, from the Digital Platforms, at its discretion and without any liability.
Submitted Materials
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Digital Platforms, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, feedback, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the relevant Art Dubai’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (a) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any “moral rights” in Submitted Materials have been waived, (b) irrevocably assign to us all right, title and interest therein, and waive any rights therein that cannot be assigned to us (including moral rights), and (c) acknowledge that we have the unrestricted right to use Submitted Materials for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
