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LEGAL

TERMS OF USE

Terms and Conditions of Use

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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. Information On Digital Platform

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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. Disclaimer of Warranty

You expressly understand and agree that your access to and use of the Digital Platforms is at your sole risk, and the Digital Platforms and all services, content, functions, information, materials and products available through the digital platforms are provided on an “as is” and “as available” basis without warranty of any kind, including but not limited to the implied warranties of title, non-infringement, integration, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.

Without limiting the foregoing, the released parties (i) make no warranties or representations regarding any products or services ordered or provided via the Digital Platforms, and (ii) hereby disclaim, and you hereby waive, any and all warranties and representations with respect thereto, including without limitation any and all warranties and representations made in product or services literature, frequently asked questions documents or otherwise on the digital platforms or in correspondence with Art Dubai’s or its agents. You are solely responsible for, and assume all risks related to, the handling, storage, and use of any products made available to you via the Digital Platforms.

The released parties further do not warrant or guarantee that:

(a) the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms will meet your requirements or that the quality of any goods, products or services available on the digital platforms will meet your expectations;

(b) any information provided will be timely, accurate, reliable, precise, thorough, correct or complete;

(c) the Digital Platforms or any services, content, functions, information, materials and products available through the digital platforms will be available at any particular time or place, uninterrupted, timely, secure, or error-free;

(d) any defects or errors in the Digital Platforms will be corrected;

(e) the Digital Platforms will be free of viruses or other harmful components; or

(f) any particular result or outcome can be achieved or that the results that may be obtained from the use of the Digital Platforms will be accurate or reliable.

  1. No Liability

Art Dubai does not give or make any warranty or representation (whether express or implied) that any information on the Digital Platforms is accurate, timely, complete or available. Art Dubai will not be liable to you for any direct or indirect loss or damage whatsoever and however it arises as a result of your use of or reliance on the information on the Digital Platforms, or for your inability to access or use the Digital Platform for any period of time.

 

You agree not to use the Digital Platforms for any commercial, professional, trade, or business purposes, and Art Dubai will not be liable to you for any direct or indirect loss, including without limitation, loss of profit, loss of business, business interruption, loss of business opportunity, goodwill or reputation, or consequential loss or damage, howsoever arising.

Art Dubai does not represent or warrant that your use of this Digital Platform (including any content on it or any third party digital platforms accessible from it or any content on any other digital platform maintained by Art Dubai accessible from the Digital Platforms) will be error free, delay free, or will not cause damage to your computer or other device.  It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Digital Platforms safely and to screen out anything that may damage or harm your computer or other device.

  1. No Liability For Other Digital Platforms

The Digital Platforms may contain links to other independent digital platforms. These links are provided for your convenience only, and do not amount to a recommendation or endorsement by Art Dubai of that third party or its digital platform. Art Dubai has no control over the content such third party digital platforms, and Art Dubai has not verified the accuracy of any content on such third party digital platform.  Accordingly, Art Dubai is not liable for the content or availability (or lack of availability) of such third party digital platforms.

  1. Privacy Policy

In order to access certain features of the Digital Platforms, you may be required to provide information about yourself including, amongst other things, your email address i.e User Information. Please read Art Dubai’s Privacy Policy about how Art Dubai uses your personal data. The Privacy Policy forms an integral part of the Terms of Use.

  1. Applicable Law & Jurisdiction

The Terms of Use of Use, the Digital Platforms and any information contained in it will be governed by the laws of the Emirate of Dubai and the applicable Federal laws of the United Arab Emirates, and the courts of the Emirate of Dubai will have exclusive jurisdiction to hear any dispute arising from the Terms of Use; provided however, notwitstanding the foregoing, Art Dubai shall also be entitled to initiate legal proceedings in the court(s) of any country.

  1. Entire Terms of Use

The Terms of Use constitute the entire agreement between you and Art Dubai in relation to the use of the Digital Platforms and supersede all previous Terms of Use in respect of same.

  1. Contact

Questions and comments regarding these Terms of Use are welcomed and should be addressed to info@artdubai.ae at Art Dubai.

PRIVACY POLICY

  1. Protection of Privacy

This Privacy Policy (together with Art Dubai’s Terms of Use (i.e. the Terms of Use) and any other documents referred to in the Terms of Use) sets out the basis on which any personal data Art Dubai collects from you, or that you provide to Art Dubai, will be processed by Art Dubai.  Please read the following carefully to understand Art Dubai’s views and practices regarding your personal data and how Art Dubai will treat it. By visiting www.artdubai.ae you are accepting and consenting to the practices described in this Privacy Policy.

  1. Data Collection/ User Information

Art Dubai may collect and process the following data about you:

(a) Data (i.e User Information) you give Art Dubai:  You may give Art Dubai data about you by filling in forms on our site www.artdubai.ae by corresponding with Art Dubai by telephone, e-mail or otherwise. If you sign up to receive Art Dubai newsletters you will be asked to register your name and email details and will be asked to provide consent to receive further materials from Art Dubai. By providing such consent, you agree to receive information about Art Dubai. An unsubscribe link will always be provided within the newsletters, and also a link to manage your content preferences and contact details. You may also provide Art Dubai with data when you enter a competition, promotion or survey, attend an event and when you report a problem with Art Dubai’s Digital Platforms. The data you give Art Dubai may include your name, address, e-mail address and phone number.

(b) Data Art Dubai collects about you: With regard to each of your visits, Art Dubai may automatically collect technical data, including the internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.  Art Dubai may also automatically collect data about your visit, including the full Uniform Resource Locators (URLs) clickstream to, through and from Art Dubai’s Digital Platforms (including date and time), pages you visited or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), and methods used to browse away from the page and any phone number used to call Art Dubai.

(c) Data Art Dubai receives from other sources: Art Dubai may receive data about you if you use any of the other Digital Platforms Art Dubai maintains or the other services provided by Art Dubai.

  1. Cookies

Art Dubai’s Digital Platforms use cookies to distinguish you from other users of our Digital Platforms.  This helps Art Dubai to provide you with a good experience when you browse our Digital Platform and allows Art Dubai to improve our Digital Platforms. Accessing the Digital Platforms will create a “Cookie”. A Cookie is a small amount of data which is transferred to your browser by a web server. Cookies may be used to recognise you and facilitate your access to the Digital Platform without the need for you having to state your preferences again. Cookies may also be used to remember your activities and facilitate navigation as well as being used to track your visits to the Digital Platforms.

  1. Uses Made Of The Data

Art Dubai may use the data you give to Art Dubai to:

(a) provide you with information about Art Dubai’s events and services; and

(b) notify you about changes to Art Dubai’s services and the Digital Platform.

Art Dubai will use the data Art Dubai collect about you to:

(a) administer Art Dubai’s Digital Platforms and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

(b) improve Art Dubai’s Digital Platforms to ensure that content is presented in the most effective manner for you and for your computer;

(c) allow you to participate in interactive features of Art Dubai’s services, when you choose to do so; and

(d) assist Art Dubai in our efforts to keep our Digital Platforms safe and secure.

Data Art Dubai receives from other sources:

Art Dubai may combine this data with data you give to Art Dubai and data Art Dubai collects about you.  Art Dubai may use this data and the combined data for the purposes set out above (depending on the types of data Art Dubai receives).

  1. Security Of Personal Data

All data you provide to Art Dubai is stored on Art Dubai’s secure servers.  Where Art Dubai has given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. You will not share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure.  Although Art Dubai will do its best to protect your personal data, Art Dubai cannot guarantee the security of your data transmitted to Art Dubai’s Digital Platform; any transmission is at your own risk. In order to prevent unauthorised access or disclosure, Art Dubai have implemented appropriate technical and organisational security measures to protect and secure your personal data.  Art Dubai will take all steps reasonably necessary to ensure that your personal data is treated securely and used only in accordance with this Privacy Policy.

  1. Personal Data

You have the right to ask Art Dubai not to process your personal data for marketing purposes. Art Dubai will usually inform you (before collecting your data) if Art Dubai intends to use your data for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms Art Dubai uses to collect your data.  You can also exercise the right at any time by contacting Art Dubai at info@artdubai.ae.

The Digital Platform may, from time to time, contain links to and from the websites of our partner networks and service providers.  If you follow a link to any of these Digital Platforms, please note that these Digital Platforms have their own privacy policies and that Art Dubai do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these Digital Platforms.

  1. Correction Of Personal Data

You may contact Art Dubai to access, update, and correct your personal data, to ask for erasure, anonymisation or blocking of personal data, or to object to the processing of your personal data. Art Dubai makes good faith efforts to provide you with such access or correction in accordance with and subject to the requirements of any applicable law.

  1. Contact

Questions and comments regarding this Privacy Policy are welcomed and should be addressed to info@artdubai.ae at Art Dubai.