TERMS & CONDITIONS
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DUBEACH STATING THE TERMS THAT GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING AND USING THE WEBSITE YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE WEBSITE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS OR DELETIONS ARE NOT ACCEPTABLE AND DUBEACH MAY REFUSE ACCESS TO THE WEBSITE FOR NONCOMPLIANCE WITH ANY OF THE TERMS OF THIS AGREEMENT.
- Dubeach.com, Dubeach.ae (the “Website” Dubeach) is a community content website operated by Benoit Rembert (referred to as “Dubeach” or “we”). Content (as defined in Clause 4 below) is uploaded by Dubeach and other users of the Website.
Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
- PROHIBITED ACTIVITIES
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.
- DUBEACH’S PROPRIETARY RIGHTS
- You agree that Benoit Rembert is the owner or the licensee of all intellectual property rights in the Website, and the Website itself is a collective work and/or compilation solely owned by Dubeach. The Website is protected by copyright laws and treaties around the world.
- You may not copy, distribute, reproduce, sell, lease, assign, rent, sublicense, encumber any aspect of the Website or any Content (as defined in Clause 4 below).
- You also may not modify or create derivative works of any aspect of the Website or any Content (as defined in Clause 4 below), other than with respect to your own Content (as defined in Clause 4 below).
- You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Website or any software or database connected to the Website.
- “Content” refers to any listing, forums, event listings, reviews, postings, messages, text, files, images, photos or any other material posted on the Website.
- By posting Content on the Website:
- You grant Dubeach the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, copy, reproduce, distribute perform, display, modify or create derivative works of the Content perpetually and for any lawful purpose Dubeach sees fit;
- You warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license in the preceding sentence;
- You permit any other user of the Website to access, display, view, store and reproduce such Content; and
- You grant Dubeach the right to prohibit the subsequent access, storage and reproduction or use of said Content by any party to any extent Dubeach sees fit.
- Dubeach is not responsible for, and no reliance should be placed, in any way on any Content posted, transmitted through or linked to the Website.
- Dubeach reserves the right to refuse to share or display, move; or delete any Content posted on the Website.
- Dubeach aims to update the Website regularly, and may change the Content at any time. Any of the Content may be out of date at any given time, and we are under no obligation to update such material.
- LINKS TO THIRD PARTY SITES
- Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
- We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- NOTIFICATION OF CLAIMS OF INFRINGEMENT
- It is forbidden to post any Content that violates any international, federal, national, local copyright, patent, trademark or other intellectual property laws applicable in the United Arab Emirates.
- Dubeach is not responsible for any Content submitted by a user that infringes another’s proprietary rights.
- If you are aware of any Content that you believe infringes on yours or a third party’s proprietary rights, please contact us at firstname.lastname@example.org
- ACCESS AND LINKING TO THE WEBSITE
- Your access to the Website is provided on a non-exclusive, temporary and revocable basis by Dubeach, and Dubeach reserves the right to withdraw or amend your right to access to the Website without notice.
- Dubeach will not be liable if for any reason the Website is unavailable at any time or for any period.
- You may not: use any robot spider, scraper or other automated means to access Dubeach and collect content for any purpose or otherwise copy or download content. A limited exception is granted to search engines and non-commercial public archives.
- You may establish a hyperlink on your website to the Website, or to postings within the Website, for non-commercial use, so long as you do so in a way that is fair and legal and does not damage or take advantage of Dubeach’s reputation (or of any person connected to Dubeach).
- You must not establish a hyperlink in a misleading way or as to suggest any form of association, approval or endorsement of Dubeach or any other third party where none exists.
- The Website must not be framed on any other website.
- CONDUCT & ACCEPTABLE USE; NO SPAM
- You agree to not post, email, or make available through the Website any Content that is objectionable to Dubeach or in contradiction to applicable laws or regulations. In this regard, you agree not to post, email or make available through the Website any Content that:
- is unlawful, harmful, threatening, abusive, defamatory, libelous, invasive or any information harmful to minors;
- is of a political nature and/or is critical of any government or municipal employee in any jurisdiction.
- is pornographic or any kind of nudity, sexually explicit or perverse content;
- is anti-Islamic or in any way derogatory towards Islam;
- is racist or discriminatory content towards any race, religion, creed, nationality, gender or any other grouping of individuals;
- impersonates any another person;
- includes personally identifiable information about another person without their permission;
- is false or deceptive;
- violates any applicable international, federal, national, local copyright, patent, trademark or other intellectual property laws;
- contains any software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- You further agree not to:
- contact people who do not wish to be contacted;
- stalk or harass other users of the Website;
- collect personal information about users for commercial or unlawful purposes;
- to post, email, make available through the Website or contact Dubeach or any other users of the Website with any spam, junk mail, chain letters, pyramid or Ponzi schemes, or unsolicited email advertisements; or
- attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
For the avoidance of doubt, the above list of prohibited content and actions is not exhaustive and Dubeach reserves the right to remove any content that it considers (in its absolute and sole discretion) to be objectionable or in contradiction to applicable laws or regulations without notice.
- TERMINATION OF ACCESS TO THE WEBSITE
- Dubeach reserves the right to delete any of your Content from the Website at any time.
- Dubeach is not liable to you or a third party for any termination of your access to the Website or deletion of your posted Content.
- You agree not to try to use the Website after said termination.
- LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING HOTEL/RESTAURANT/BEACH INFORMATION AND PRICING ERRORS. DUBEACH DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, RESTAURANT, BOAT RENTAL, BEACH CLUB AND ANY OTHER INFORMATION DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL OR GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.).
IN ADDITION, DUBEACH EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERRORS ON OUR WEBSITE.
DUBEACH MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY DUBEACH. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DUBEACH DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM DUBEACH, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DUBEACH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES.
- COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are © 2016 Dubeach Copyright. All rights reserved. Dubeach is not responsible for content on websites operated by parties other than Dubeach. DUBEACH, the DUBEACH logo and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks of Dubeach and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Dubeach or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Dubeach and may not be copied, imitated or used, in whole or in part, without the prior written permission of Dubeach. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Dubeach.
- GOVERNING LAW & DISPUTE RESOLUTION
- These terms are governed by the laws of the UAE law, excluding any choice-of-law rules.
- The seat of arbitration shall be the Dubai International Financial Centre in Dubai, UAE. The arbitration shall be conducted in the English language. The arbitration award shall be final and binding on the parties. The arbitral tribunal may award reasonable attorneys’ fees and the cost of the arbitration to the prevailing party.
- Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
- If the arbitral panel has not been formed, any party may seek interim relief from any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets, to which both you and Dubeach hereto do hereby submit for this limited purpose.
© 2016 Dubeach. All rights reserved.