These Terms of Use (these “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ALGORIZ.ME FZCO ("ALGORIZ.ME", “we”, “us”, or “our”), concerning your access to and use of the https://www.my-easytouch.com Webpage as well as any other media form, media channel, mobile Webpage, software, hardware, or mobile application related, linked, or otherwise connected thereto (collectively, the “Page”).

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You agree, on behalf of yourself and any person or entity for whom you use the Page or purchase Models (as defined below), that by accessing the Page or creating an account on the Page, you:

1. represent that you are eighteen (18) years of age or older and have the capacity to read and understand these Terms,

2. represent and warrant that you have read and understood these Terms and our Privacy Policy; and

3. agree to be bound by all these Terms.

 

IN THE EVENT YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PAGE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

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Supplemental terms and conditions or documents that may be posted on the Page from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. All changes are effective immediately when we post them, and we will use reasonable efforts to alert you about any changes by updating the “Last updated” date of these Terms. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms by your continued use of the Page after the date such revised Terms are posted.

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We may, in our sole discretion, translate these Terms into other languages for your convenience, nevertheless, the English version governs your relationship with the Company, and any inconsistencies among the different versions will be resolved in favour of the English version.

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ALGORIZ.ME FZCO resides in and provides services from the United Arab Emirates. The information provided on the Page is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Page from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

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01. Intellectual Property Rights

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1. Unless otherwise indicated, the Page and all source code, databases, functionality, inventions, software, Webpage designs, audio, video, text, photographs, and graphics on the Page (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights laws of the United Arab Emirates, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Page “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Page and no Content or Marks may be used, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. No right, title, or interest in or to the Page or any Content contained therein is transferred to you, and all rights not expressly granted herein are expressly reserved by ALGORIZ.ME.

2. Provided that you are eligible to use the Page, you are granted a limited, personal, non-commercial, non-transferable, non-sub licensable, revocable, non-exclusive license to access and use the Page in object-code form for its intended purpose. We reserve all rights not expressly granted to you in and to the Page, the Content and the Marks.

3. If you violate any of the foregoing restrictions, your right to use the Page will cease immediately and you must, at our option, return or destroy any copies of materials you have made.

 

02. Privacy Policy

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1. We care about data privacy and security – your privacy and personal information are important to us. Please review our Privacy Policy under https://www.my-easytouch.com/privacy-policy.

2. By using the Page or purchasing Models, you consent to the practices disclosed in our Privacy Policy, which is incorporated into these Terms. Please be advised the Page is hosted in the United Arab Emirates. If you access the Page or purchase Models from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Arab Emirates, then through your continued use of the Page, you are transferring your data to the United Arab Emirates, and you expressly consent to have your data transferred to and processed in the United Arab Emirates in accordance with our Privacy Policy.

 

03. User Representation

 

1. By using the Page, you represent and warrant that:
   (i)all registration information you submit will be true, accurate, current, and complete;
   (ii)you will maintain the accuracy of such information and promptly update such registration information as necessary;
   (iii) you have the requiPage authority and legal capacity to enter into these Terms and you agree to comply with these Terms;
   (iv) you are not a minor in the jurisdiction in which you reside;
   (v) you will not access the Page through automated or non-human means, whether through a bot, script or otherwise;
   (vi) you will not use the Page for any illegal or unauthorized purpose; and
   (vii) your use of the Page will not violate any applicable law or regulation.

2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Page (or any portion thereof).

3. You warrant that you are fully (legally) authorised to make use of any information and/or logo/design you upload and use on the Page. We explicitly reserve the right to request further information on such authorisation in writing.

 

04. User Registration

 

1. You may be required to provide certain registration details, including a valid email address and password, or other information to register with the Page.

2. You agree to keep your password confidential and will be responsible for all use of your account and password.

3. We reserve the right to remove, reclaim, or change any identifier you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise violates these Terms.

 

05. Models

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1. We make every effort to display as accurately as possible the colours, features, specifications, and details of the Models available for sale on the Page from time to time (the “Models”). However, we do not guarantee that the colours, features, specifications, and details of the Models will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the Models.

2. All Models are subject to availability, and we cannot guarantee that items will be in stock or available.

3. We reserve the right to discontinue any Models at any time for any reason.

4. Prices for all Models are subject to change.

5. ALGORIZ.ME warrants that the Models will substantially function in conformance with their written specifications, except where any non-conformance arises from (a) ordinary wear-and-tear, or (b) your failure to comply with these Terms (the “Limited Warranty”). This Limited Warranty will go into effect with respect to any Model as of the date such Model is purchased and up until: (a) the date that is twenty-four (24) months after the date such Model is purchased, (b) your breach or violation of any obligation or restriction under these Terms, or (c) your disassembly or modification of any Model without our prior written consent (the “Warranty Period”). The Limited Warranty excludes damage resulting from abuse, accident, modifications, unauthorized repairs, or other causes that are not defects in materials and workmanship.

6. If a defect arises during the Warranty Period, we, at our sole option, will
   (i)repair the Model at no additional charge to you,
   (ii)exchange the Model with a new Model or with a used Model of equivalent functionality, or
   (iii)refund the original purchase price.
   To the fullest extent permitted by law, the foregoing constitutes your sole remedies in connection with any breach or violation of the Limited Warranty.

7. We do not warrant, represent, or undertake that it will be able to repair or replace any Model under the Limited Warranty without risk to or loss of information or data stored in connection with the Model.  In no event shall we be liable for loss or damage caused by factors beyond our reasonable control. 

8. To obtain warranty service, contact us at client@my-easytouch.com at any time during the Warranty Period. Proof of purchase may be required to verify eligibility. All claims made under the Limited Warranty will be governed by the terms set out in this Section.

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06. Purchase from Us

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1. If you purchase any Models, subscribe to any service, or make any other purchases on or in connection with the Page (individually, a “Purchase” and collectively, “Purchases“), you agree:
   (i)to provide current, complete, and accurate purchase and account information for all Purchases made via the Page,
   (ii)that we may retain any such payment information, including, but not limited to all debit and credit card information provided in connection with any Purchase and that no additional notice or consent is required to use the payment information you provide, and
   (iii)to be bound by the terms and conditions and Privacy Policy of our third-party service providers for payment services (e.g., card acceptance, merchant settlement, and related services).
   You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, and hereby consent and authorize us to share any information and payment instructions you provide with one or more third party service provider(s) so that we can complete your transactions and contact you as needed. Value Added Tax (VAT) will be added to the price of purchases as deemed required by us. We may change prices at any time.

2. You agree to pay all charges at the prices then in effect for your Purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

3. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

4. We reserve the right to refuse any order placed through the Page. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

5. We have only accepted your order when you receive an email confirmation ("Confirmation Email"). This means that a legally binding contract between you and ALGORIZ.ME is in place and that the purchases Model(s) will be dispatched.

 

07. Return Policy

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1. All sales/Purchases are final, and no refund will be issued except where prohibited by the applicable laws.

 

08. Payment

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1. All Purchases through the Page or other transactions for services are governed by these Terms.

2. We accept all major credit cards[ML1] .

3. All payments by credit cards are authorised by the relevant card issuer. You explicitly agree that we may use extra security steps for verification such as:
   (i) Verified by Visa,
   (ii) Mastercard®SecureCodeTM, or
   (iii) Stripe.

4. The price of the Model(s):
   (i) is in US Dollars (USD);
   (ii) includes VAT at the applicable rate; and
   (iii) does not include the cost of delivering the goods (your delivery options and costs will be displayed on our webPage before you place your order).

5. Customs policies vary widely from country to country. ALGORIZ.ME does not have control over these fees, nor can we predict the exact cost of these fees. Thus, we are not responsible for informing you of the specific fees that may apply; it is your responsibility, as the customer and the importer, to check what your country’s requirements are for all customs fees, before placing your order.

 

09. Delivery

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1. We use Aramex and DHL to deliver our goods to you. For further details see respective website of DHL and Aramex.

2. The estimated date for delivery of the goods is set out in the Confirmation Email.

3. In the unlikely event of an incident which:
   is outside of our control; and
   affects the estimated date of delivery.
   we will let you have a revised estimated date for delivery of the goods.

4. Delivery of the goods will take place at the address which you have provided to us when ordering the Model(s).

5. Please also be advised that when customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

 

10 Prohibited Activities

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1. You may not access or use the Page for any purpose other than that for which we make the Page available. The Page may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

2. As a user of the Page, you agree not to:
   (i) Systematically retrieve data or other content from the Page to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
   (ii) Make any unauthorized use of the Page, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
   (iii) Circumvent, disable, or otherwise interfere with security-related features of the Page, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Page and/or the Content contained therein.
   (iv) Engage in unauthorized framing of or linking to the Page.
   (v) Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
   (vi) Make improper use of our support services or submit false reports of abuse or misconduct.
   (vii) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
   (viii) Interfere with, disrupt, or create an undue burden on the Page or the networks or services connected to the Page.
   (ix) Attempt to impersonate ALGORIZ.ME, an ALGORIZ.ME employee, another user, or any other person or entity.
   (x) Sell or otherwise transfer your profile with us.
   (xi) Use any information obtained from the Page to harass, abuse, or harm another person.
   (xii) Use the Page as part of any effort to compete with us or otherwise use the Page and/or the Content for any revenue-generating endeavour or commercial enterprise.
   (xiii) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Page.
   (xiv) Attempt to bypass any measures of the Page designed to prevent or restrict access to the Page, or any portion of the Page.
   (xv) Delete the copyright or other proprietary rights notice from any Content.
   (xvi) Copy or adapt the Page’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
   (xvii) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Page or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Page.
   (xviii) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
   (xix) Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Page, or using or launching any unauthorized script or other software.
   (xx) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Pag.
   (xxi) Use the Page in a manner inconsistent with any applicable laws and regulations

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11 User Generated Contributions

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1. The Page may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Page, including but not limited to trademarks, trade dress, logos, designs, slogans, text, writings, reviews, survey responses, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Page and through third-party webpages. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
   (i) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.|
   (ii) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Page, and other users of the Page to use your Contributions in any manner contemplated by the Page and these Terms.
   (iii) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Page and these Terms.
   (iv) Your Contributions are not false, inaccurate, or misleading.
   (v) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
   (vi) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
   (vii) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
   (viii) Your Contributions do not violate any applicable law, regulation, or rule.
   (ix) Your Contributions do not violate the privacy or publicity rights of any third party.
   (x) Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
   (xi) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
   (xii) Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

2. Any use of the Page in violation of the foregoing violates these Terms of Use and may result in, among other things, termination, or suspension of your rights to use the Page.

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12 Contribution License

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1. By posting and/or sharing your Contributions to any part of the Page you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, modify, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

2. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant those moral rights have not otherwise been asserted in your Contributions.

3. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Page. You are solely responsible for your Contributions to the Page and you expressly agree to
   (i) exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions and
   (ii) grant us permission to remove your Contributions if we believe that it violates these Terms, our policies, or we are permitted or required to do so by law.

4. We have the right, in our sole and absolute discretion:
   (i) to edit, redact, or otherwise change any Contributions;
   (ii) to re-categorize any Contributions to place them in more appropriate locations on the Page; and
   (iii) to pre-screen or delete any Contributions at any time and for any reason, without notice.
   We have no obligation to monitor your Contributions. You acknowledge that other users’ Contributions do not express the views of us, and that other users’ Contributions may contain content that is defamatory, objectionable, obscene, or untrue. We disclaim all liability of any kind with respect to user Contributions.

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13 Your Submissions to Us

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1. You acknowledge and explicitly agree that any questions, comments, suggestions, ideas, feedback, or other information regarding either the Page or the Models (“Submissions”) provided by you to us are non-confidential and shall become our sole property.

2. If Submissions contain any positive reviews of our Models and/or the Page, you agree that we may use your name, image, and likeness in conjunction with such Submission in the promotion of our Models and/or the Page. You acknowledge and agree that we shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

3. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.

4. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

14 Term and Termination

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1. These Terms shall remain in full force and effect while you use the Site.

2. Without limiting any other provision of the Terms, we explicitly reserve our right, in our sole discretion and without notice or liability, to deny access to and use of the Page (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in the Terms or of any applicable law or regulation.

3. We may terminate your use or participation in the Page or delete your account and any content or information that you posted at any time, without warning and in our sole discretion.

4. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party with us.

5. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

15 Modification and Interruptions

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1. You explicitly acknowledge our right to change, modify, or remove the contents of the Page at any time or for any reason at our sole discretion without notice.

2. Moreover, you acknowledge and agree that we have no obligation to update any information on our Page. We also reserve the right to modify or discontinue all or part of the Page and/or our Models without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Page and/or our Models.

3. We cannot guarantee the Page and/or our Models will be always available. We may experience hardware, software, or other problems or need to perform maintenance related to the Page, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Page and/or our Models at any time or for any reason without notice to you.

4. You explicitly agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Page and/or our Models during any downtime or discontinuance of the Page and/or Models.

5. You agree that nothing in these Terms will be construed to obligate us to maintain and support the Page and/or our Models or to supply any corrections, updates, or releases in connection therewith.

 

16 Limitations of Liability

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1. IN NO EVENT WILL WE OR OUR AFFILIATES OR LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PAGE AND/OR OUR MODELS, EVEN IF FORESEEABLE AND IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100, WHICHEVER IS GREATER.

3. IN NO EVENT WILL ALGORIZ.ME, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BY LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM FOR LOSSES OR INJURIES RESULTING FROM EVENTS BEYOND ITS CONTROL INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: ACTS OF GOD; ACTS OF PUBLIC AUTHORITIES ACTING WITH ACTUAL OR APPARENT AUTHORITY; CRIMINAL ACTS OF THIRD PARTIES; THE APPLICATION OF SECURITY OR HEALTH-RELATED REGULATIONS IMPOSED BY ANY GOVERNMENT; WORK STOPPAGES OR OTHER LABOR DISPUTES; WAR, MILITARY ACTIONS OR POLICE ACTIONS; ACTS OF TERRORISM; CIVIL COMMOTIONS; OR DISRUPTIONS IN AIR OR GROUND TRANSPORTATION NETWORKS, SUCH AS WEATHER PHENOMENA AND NATURAL DISASTERS.

4. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

17 Indemnification

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1. You agree to defend, indemnify, and hold us harmless, and all of our respective officers, agents, shareholders, contractors, suppliers, successors, assigns, partners, and employees, from and against any and all losses, damages, liabilities, claims, or demands, including reasonable attorneys’ fees and expenses due to or arising out of:
   (iv) your Contributions;
   (v) your use of the Page;
   (vi) breach of these Terms;
   (vii) any breach of your representations and warranties set forth in these Terms;
   (viii) your violation of the rights of a third party, including but not limited to intellectual property rights; or
   (ix) any overt harmful act toward any other user of the Page with whom you connected via the Page.

2. Notwithstanding the foregoing, we reserve the right and option, at your sole cost and expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your own cost and expense, with our defense of such claims.

3. We undertake to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

18 Governing Law

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1. These Terms and your use of the Page are governed by and construed in accordance with the Emirati laws as applicable in the Emirate of Dubai, without regard to its conflict of law principles.

 

19 Dispute Resolution

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1. Any dispute, difference, controversy or claim arising out of or in connection with the Terms, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the non-exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”).