INTRODUCTION
Thank you for using the website www.ethara.com, the Ethara mobile app and the pages of the Ethara group companies, as operated by Ethara LLC (“ETHARA”, “us”, “we”, “our”). The term “you” refers to the user or viewer of our Platforms.
OVERVIEW
These terms and conditions (the “Terms”) govern the use of (i) all parts of our website www.ethara.com (the “Website“); (ii) any of our mobile applications and any tools contained therein (our “Apps”); (iii) any of our social media pages; and (iv) any of our other technological platforms in whatever form (our Website, Apps, social media pages and other technological platforms together referred to herein as our “Platforms”).
These Terms & Conditions may be updated periodically to account for any changes in legal or regulatory requirements and/or changes to our content, information, products, services and other offerings of Ethara. We recommend that you consult this page frequently so that you are aware of our latest terms.
Please note that any of the content may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Platforms, or any content on them, will be free from errors or omissions, or is suitable for any particular purpose. The content of our Platforms is intended for informational or entertainment purposes only and is not intended to amount to advice on which you should rely; your use of any information or materials on our Platforms is provided on an “as is basis”. Please check the Terms before using the Platforms as all changes are binding on you as soon as they are posted.
PERMITTED USE
Except as set out below, you may not in any way use the content of any Platform without Flash’s prior written consent. You are authorised to use and retain a copy of content of any Platform strictly for your personal use. You may not use any content of any Platform for commercial purposes without Ethara's prior written consent and may not use directly or indirectly any Platform for any commercial or marketing activities or any business transactions in your name or on behalf of third parties, including any form of solicitation and offers of any kind.
You may link to our Platforms, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Certain parts of our Platforms allow you to upload and post content such as messages, information, concepts, ideas, know-how, text, photographs, graphics, videos or audio material (each a “Posting”). You represent and warrant that any Posting you make: (i) is compliant with these Terms; (ii) does not infringe any third party right (including any third party’s intellectual property rights) or any applicable law or regulation; (iii) is not defamatory, malicious or offensive (according to moral norms in the United Arab Emirates, such as promoting racism, hatred, harassment, containing threats against people or groups of people, or promoting illegal activities such as drug consumption, prostitution or pornography; (iv) is uploaded under your sole responsibility and at your sole risk and (v) (other than information collected by Ethara referred to in the Privacy Policy) is accessible to the public. Ethara cannot and does not guarantee any protection or confidentiality of your Postings. You further agree and acknowledge that by uploading any Posting to any Platform, you grant to, on a perpetual, irrevocable, royalty free basis, throughout the world, the right to disclose, reproduce, adapt, edit, exploit, publish, translate, perform, or create derivative works from your Posting without further reference to you and without making any payment of any kind to you.
You are responsible for making all arrangements necessary for you to have access to our Platforms.
You acknowledge and agree that Ethara may from time to time and at its sole discretion carry out some checking of any Postings uploaded by you or other users and may without notice delete or remove any information or content uploaded by you or any third party without any compensation and indemnification whatsoever.
INTELLECTUAL PROPERTY RIGHTS
Ethara is the owner or the licensee of all intellectual property rights in the Platforms and the material published on / through them. Flash reserves all of its rights with respect to all of its intellectual property.
Our status (and that of any identified contributors) as the authors of content on our Platforms must always be acknowledged.
You must not use any of Ethara's trademarks or any third-party trademarks displayed on our Platforms: (a) in or as the whole or part of your own or any other trademark; (b) in a manner that may be confusing, misleading or deceptive; or (c) in a manner that in Ethara's sole opinion is detrimental to Ethara's reputation or interests or is otherwise inappropriate.
Any Posting uploaded to or through any Platform or any other information sent to Ethara becomes Ethara's property and you release and waive all your rights and interest to that information. You remain liable for any claim by any person for any loss, damages, cost or expense of any kind in any way related to that information.
Ethara reserves the right to revoke at any time for any reason any license to use its content.
DISCLAIMER
The content on our Platforms is subject to change at any time without notice. However, please note that any of the content may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Platforms, or any content on them, will be free from errors or omissions, or is suitable for any particular purpose. The content of our Platforms is intended for informational or entertainment purposes only and is not intended to amount to advice on which you should rely; your use of any information or materials on our Platforms is provided on an “as is basis”.
While we try to make our Platforms available all the time, neither Ethara nor any third parties guarantee that our Platforms will be free from any interruption or access denial. Access to our Platforms is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Platforms without notice.
We do not guarantee that our Platforms will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Platforms. You should use your own virus protection software.
From time to time, our Platforms may also include links to other websites or platforms (“External Service”). These links are provided for your convenience to provide further information. They do not signify that Ethara endorses or approves External Service or their content. If you choose to use an External Service, such use will be subject to such External Service provider’s terms of use and privacy policy, as updated from time to time. Please read and be aware of the terms of use and privacy policy of each External Service you use. By accessing and/or using an External Service you do so at your own risk. To the fullest extent permitted under applicable law, Ethara does not assume any responsibility and shall not be responsible or liable for your use of an External Service, including without limitation the accuracy, reliability, or content of such External Service.
LIMITATION OF LIABILITY
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
Ethara (and its officers, directors, employees, shareholders and agents) exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party in connection with your access to, use of, inability to use or the results of use of the Platforms.
You agree that in no event shall Ethara be liable for any direct, indirect, punitive, exemplary or consequential loss or damages such as any loss of reputation, income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption; and any loss or damage due to viruses that may infect your computer equipment, software, data or other property. You agree to indemnify Ethara against the same
VIOLATION OF THESE TERMS & CONDITIONS
Ethara reserves the right to remove or delete any information or content uploaded on any Platform, deny or restrict access to any Platform to any person or organisation or to block access from an individual internet access address or geographical territory to any Platform, at any time and at its sole discretion. Unauthorised use of any Platform may give rise to a claim for damages and/or be a criminal offence and Ethara reserves the right to take any appropriate action, including legal action, to protect Ethara's rights under these Terms. You agree to hold harmless and defend Ethara and of its officers, directors, employees, shareholders or agents of any of them (whether or not involved in creating, producing, maintaining or delivering the Platforms) against any loss, liability, claim or demand including reasonable attorneys’ fees made by any third party arising out of or in connection with your use of any Platform in violation of these Terms or any Posting uploaded by you on or through any Platform.
NOTICE AND TAKE DOWN PROCEDURES
If you believe that any contents (or any part thereof) accessible on or from the Platform infringes your intellectual property rights, you may request removal of those materials (or access thereto) from the Platform by contacting [email protected] and providing the following information:
- Identification of the work or content that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- Your name, address, telephone number, and (if available) email address.
- Proof of your ownership of the intellectual property right you believe to have been infringed by the use and or display of the work or content complained of.
Ethara shall consider any and all notices and take down requests. Ethara reserves the right to deny such notice and/or take down request where it considers your notice or request to be without merit.
GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the Emirate of Abu Dhabi and the Federal laws of the United Arab Emirates as applicable therein. Disputes arising in connection with these Terms or the Privacy Policy shall be subject to the exclusive jurisdiction of the courts of the Emirate of Abu Dhabi.
MISCELLANEOUS
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.
All notices shall be given to Ethara via email at [email protected]