TERMS AND CONDITIONS

ELF WEBSITE (Katebmaktub.org) TERMS AND CONDITIONS OF USE


Please read carefully before accessing this website


Disclaimer and Acknowledgment

This ELF website with web address Katebmaktub.org (this “Website”) is managed and operated by or on behalf of Emirates Literature Foundation, an entity established under Dubai Decree No. 8 of 2013 and having its principal office at Al Shindagha Historical Neighbourhood, Bur Dubai, P.O. Box 24506, Dubai, United Arab Emirates (“ELF”).

The terms “we”, “usor our(s)” refer to the ELF and its affiliates and the terms “user”, “you” and “your” refer to the users of this Website.

The term “Content” means the texts, documents, statements, information, photographs, videos, drawings, questions, answers, contact details, and any and all other materials of any nature whatsoever in whatever form or format which is available via this Website, created by us or by any third party.

The term “Intellectual Property Rights” means any and all current and/or future intellectual property rights, including all forms of copyright and authors rights (including any and all rights that may be considered financial rights provided under United Arab Emirates Federal Law No. 7 of 2002), computer and software code, scripts, patents, design elements, graphics, logos, interactive features, artwork, text communication, brand names, trademarks, service marks, rights in trade dress or get-up, goodwill, domain names, website addresses (URL), know-how, trade secret, rights to sue for passing off, unfair competition rights, moral rights and any other content that may be found on or in this Website created by us or on our behalf.

Any words following the terms “including”, “include”, “in particular” or “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

The term “Objective” means the objective and purpose of the Website, in particular to expand the Arabic publishing ecosystem.

These terms and conditions of use (the “Terms of Use”) explain the terms on which you may access and/or use this Website.

By accessing and/or using this Website, you hereby agree that you have read, understood and shall abide by all of the terms and conditions as set forth in these Terms of Use, which shall be binding on you.

Please note, if you access, or are transferred to, any other website through this Website, that website is likely to have separate website terms of use and privacy terms which you may need to abide by and accept when accessing that website.

Please also note our privacy policy is set out on this Website (the “Privacy Policy”). The Privacy Policy explains how we collect, process and use your personal information. Please refer to the Privacy Policy for further details. If there is any conflict or inconsistency between a term of these Terms of Use and a term of the Privacy Policy, the term of the Privacy Policy shall prevail to the extent of such conflict or inconsistency.

The Privacy Policy is subject to and is incorporated by reference into these Terms of Use (collectively, this “Agreement”).

If you do not agree to abide by this Agreement, please do not access or use this Website. You are responsible for ensuring that all persons who access this Website through your internet connection are aware of this Agreement and other applicable terms and conditions and that they comply with them in all respects.

You represent that you are of legal age to form a binding contract. You must be at least 21 years old to be eligible to use this Website. If you are under 21 years of age, you may only use this Website subject to you obtaining the express consent of your parent or guardian who agrees to the terms of this Agreement.

We provide you with a limited right to access and use this Website subject to the terms and conditions of this Agreement. We remain the owners of this Website at all times.

Copyright and exceptions

This Website and its Content are subject to copyright, however the Limited Licence (set out under the below section entitled ‘Intellectual Property Rights’) grants you a right to promote the Arabic publishing ecosystem in line with the Objective. Please refer to those provisions for further details.

System Requirements

We do not guarantee this Website will be bug or virus free nor do we guarantee any minimum uptime or service levels in relation to this Website. From time to time this Website may be updated in accordance with the relevant sections set out below. Depending on the update, you may not be able to use this Website (or any part thereof). Please see the Intellectual Property Rights section below for further information on how you are permitted to make use of this Website and the Content.

Content

The Content is for information only and is not intended to amount to advice on which you should rely on. This Website may include content or links of, or from, third parties and external websites. We do not endorse or guarantee the accuracy, reliability or appropriateness of any opinion, statement, information or material of any external website or of any third party uploaded to, linked to or posted on this Website.

You acknowledge that by using this Website you may be exposed to information that is inaccurate or unreliable and in this respect your use of this Website and your reliance on the Content (including any such third party or external website information or material) is entirely at your own risk.

We will not have any responsibility or liability for the conduct of any user on or through this Website and we assume no responsibility or liability for any lack of disclosure of data, mistakes, misstatements of law, defamation, libel, omissions, opinions, representations or anything else contained in any Content or in any information or materials that are provided or made by any third party or any external website.

Links

If you have registered on this Website or accessed this Website via a link or connection (including plug-ins or like applications) from another website (including social media platforms), please be informed that we may have no control over such links, connections (including plug-ins or like applications), information or website(s) and we are not responsible or liable for its content and make no representations about (or in any way endorse) any material or services available at or from such website (including login or registration access).

When you leave this Website, we encourage you to read the privacy policy and terms and conditions of use of every website you visit.

No Warranties or Endorsements

This Website is provided subject to all of the terms and conditions of this Agreement.

To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may otherwise apply to this Website and the Content whether express or implied.

We do not warrant that this Website or the Content (or any part thereof) will be:

This Website may contain Content uploaded or otherwise provided by or related to third parties. Such Content is not in any way endorsed by us and does not constitute the opinion or advice or services of us.

Limitation of Liability and Indemnification

The use of this Website and reliance on the Content is entirely at your own risk and in no event shall we nor any of our affiliates be liable (whether under the law, breach of statutory duty or otherwise) for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other damages, fees, fines, penalties or liabilities, nor for any loss or disclosure of data or loss or damage to reputation or goodwill (collectively “Damage”) whatsoever (even if such Damage is foreseeable) arising out of or relating to the use or inability to use this Website or for any reliance on this Website or the Content. Your sole and exclusive remedy for dissatisfaction with this Website and/or the Content is to stop using this Website and/or Content.

We will not be liable for any loss or damage caused by any virus, distributed denial-of-service attack or other technologically harmful material that may affect or infect your computer, equipment, computer programs, data, tablet or mobile devices or other proprietary material due to your use of this Website or to your downloading of any Content on this Website or the use or downloading of any information or materials of any other website linked to this Website or by reason of any disclosure of such material or data by any third party.

You agree to defend, indemnify and hold us, and our affiliates, officers, directors, employees, representatives, successors, assigns and agents (and their licensors, advertisers, suppliers, and operational service providers) harmless from and against any and all claims, expenses, costs, actions, demands, liabilities, judgments and settlements (including reasonable legal fees) resulting from or alleged to result from your use of this Website, the Content and/or any violation of the terms of this Agreement.

We reserve the right to assume the exclusive defence and control of any demand, claim or action arising hereunder or in connection with this Website and all negotiations for settlement or compromise.  You agree to fully cooperate with us in the defence of any such demand, claim, action, settlement or compromise negotiations, as requested by us.

Neither we, nor any of our affiliates, assumes liability or responsibility for any content or services supplied by you or any third parties nor for the content of any other websites linked or carrying a link to this Website.

This Website is provided on an “as is” and “as available” basis. We do not make any warranty, and disclaim all responsibility and liability for the availability, timeliness, security, reliability, quality of this Website, any related software, or other products, services, information or Content obtained through this Website. We have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other information maintained or transmitted by this Website. We are not responsible for the accuracy or reliability of any information or Content transmitted through this Website. We may, at any time, limit your use or discontinue this Website (or any aspect thereof) entirely at our sole discretion with no liability to you.

Intellectual Property Rights

We own or are the licensee of all Intellectual Property Rights in this Website and the Content which are protected by the United Arab Emirates and international copyright, trademark and/or patent laws and treaties. All such rights are reserved. All trademarks, service marks and trade names are owned, registered and/or licensed by us. You are not permitted to make any use of any of our trademarks, services marks or trade names.

Enforcement and protection of Intellectual Property Rights

If we discover that you have used any materials on this Website protected by Intellectual Property Rights belonging to us or others in contravention of the terms of the license below or otherwise in breach of our rights or this Agreement, we and any of our affiliates may bring legal proceedings against you, seeking monetary damages and an injunction, or any other equitable remedies, against you. You could also be ordered to pay legal fees and costs. If you become aware of any use of materials in which we own or are the licensee of Intellectual Property Rights and that contravenes or may contravene the terms of this Agreement, you agree to immediately report this by email to info@katebmaktub.org.

Limited License

In consideration of you agreeing to abide by the terms of this Agreement, we grant to you a non-transferable, non-exclusive, royalty-free and revocable right and license to: (i) access and use this Website in accordance with the terms of this Agreement; (ii) copy and store pages of this Website in your web browser cache memory; (iii) print pages from this Website for your own personal and non-commercial use; and (iv) copy and reproduce the Content solely for the purposes of producing new publications for Wikipedia in a manner, form that is consistent, in ELF’s opinion, with the Objective and subject at all times to issuing a complete citation to the source of the Content and a copyright attribution to ELF.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

We do not grant to you any other rights whatsoever in relation to this Website. All other rights are expressly reserved by us.

You acknowledge and agree that the rights to access and use this Website are licensed (not sold) to you, and that you have no rights in, or to, this Website other than the right to use it in accordance with the terms of this Agreement. You acknowledge that you have no right to have access to this Website in source-code form. You agree that we cannot licence you to make use of Content generated by third parties and to which we do not have any rights of ownership or sub-licensing rights.

You undertake not to gain or attempt to gain any access to any aspect of this Website or the Content which you are not authorised to so access under the terms and conditions of this Agreement.

Licence Restrictions

You may use this Website and the Content subject always to terms and conditions of this Agreement. You agree in relation to this Website and the Content (and for each of them):

No Unlawful or Prohibited Use

You agree not to in any way make use of this Website and/or any of the Content in any unauthorised manner or in violation of any local, federal or international laws or regulations.
We reserve the right at all times to revoke or restrict your access to this Website in our sole discretion for any other reason whatsoever.

You may link to our home page, provided you do so in a way that is fair, lawful, and does not damage or take advantage of our reputation. We reserve the right to withdraw this permission at any time. You must not establish a link to our Website or Content in such a way to suggest any form of association, approval or endorsement on our part.

Termination of Use

We may, in our sole discretion, terminate or suspend your access to and use of this Website or your without notice, and for any reason, including violation of this Agreement or other conduct which we, in our sole discretion, believe is unlawful or harmful to us or others. In the event of termination, you will no longer be authorised to access or use this Website and we will use any means available or necessary to enforce this termination.

Changes to this Agreement

We reserve the right, without any liability to you, to modify this Agreement without notice and at any time. Updated versions of this Agreement will appear on this Website and are effective immediately. You are responsible for regularly reviewing this Agreement and your continued use of this Website following any modifications to this Agreement will be deemed as acceptance of any such modifications to this Agreement. If you do not accept and abide by the terms of this Agreement or any modification to it, you may not use this Website or download or use any of the Content. Your use of this Website is at your sole risk and liability.

Changes to this Website and Content

We may update or alter this Website from time to time (including all Content) at any time. The Content on this Website may be out of date at any given time, and we are under no obligation to update it (or any part thereof). We do not in any way guarantee that our Website or any Content will be up to date, free from any errors, inaccuracies or omissions or be fit for any purpose.

Applicable Law

This Agreement and your use of this Website is governed by and shall be construed in accordance with the laws of the Emirate of Dubai and, where applicable, the Federal Laws of the United Arab Emirates. Such laws will govern the disclaimers, terms and conditions and this Agreement, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to this Agreement, and our Website at any time.

You hereby irrevocably submit to the jurisdiction of the Courts of the Emirate of Dubai (as established by Law No. 3 of 1992 and Law No. 13 of 2016) in relation to all disputes relating to this Website and this Agreement.

If any provision of this Agreement is, or is found to be, unenforceable under any applicable law, that will not affect the enforceability of the other provisions of this Agreement.

Notification of Objectionable Content and Take - Down

If you wish to object to any Content on this Website, please do so immediately upon becoming aware of objectionable Contents and in writing to info@katebmaktub.org. Please ensure you clearly identify the Content objected to and detailing the basis for your objection and the action(s) you request we take in relation to such Content and provide your full contact details to enable us to discuss with you and act appropriately upon any such objection. We will in all reasonable cases attempt to investigate objections and, if appropriate, remove the relevant Content. However, as set out above, we are not in any way responsible or liable for the actions of any third party service providers or Content that is published on any third party websites.

Contact Us

To contact us, please send your email to info@katebmaktub.org.