Terms and Conditions

Last updated on 11 October 2016

  1. INTRODUCTION
    1. This legal notice ("Terms") and the Privacy Policy apply to the entire website found at the domain name film.gov.ae, all pages within such site and their relevant URLs ("Website"), including without limitation all contents of the Website, plus any correspondence by e-mail between you and Aflam FZ-LLC or any person or company that controls, is controlled by, or is under common control with Aflam FZ-LLC trading as the Abu Dhabi Film Commission, including any and all Aflam FZ-LLC officers, directors, employees, agents and representatives (cumulatively “ADFC”) sent through the Website and any information, forms or materials which you submit to ADFC through the Website.
    2. Please read these Terms carefully before using the Website. By using the Website and/or by accepting the rights and benefits ADFC confers upon you under these Terms you accept and acknowledge that you are legally bound by these Terms and the Privacy Policy. If you do not accept these Terms, please discontinue accessing, viewing or otherwise using the Website immediately.
    3. ADFC reserves the right to change, add to and cancel any or any part of these Terms and the Privacy Policy without prior notice to you at any time, at its sole discretion, including by posting a copy of the amended Terms or Privacy Policy (or both) on the Website, and it is your sole responsibility to check the Terms or Privacy Policy (or both) as available on the Website from time to time for any amendments. If the modified Terms are not acceptable to you, your only recourse is to cease accessing, viewing or otherwise using the Website.
    4. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
    5. In consideration of the opportunity to view and/or use the Website, you hereby agree to comply with the obligations set out in these Terms.
    6. ADFC reserves any rights not expressly granted to you in these Terms.
  2. OUR INTELLECTUAL PROPERTY
    1. Unless otherwise stated, all creative works, text, data, software links, audio content, audiovisual content, footage, graphics, images (photographs), illustrations, forms and look and feel attributes, ADFC trade mark and logos, copyrighted material and other intellectual property rights in all information, documents or material on the Website and any technology or code making up any ADFC widget ("Content") are owned and/or controlled by ADFC or its licensors.
    2. Any downloading, reproduction, republication, extraction, modification, copying, distribution, transmission, display or sale of Content or any other part of the Website without the express written consent of ADFC for any purpose is strictly prohibited.
    3. If you breach any of the provisions in these Terms, in addition to all other legal remedies available, your permission to use the Website and your licence to use the Content immediately and automatically terminates and you must immediately delete, return or destroy any downloaded or printed extracts of Content from the Website.
    4. No content or any other part of the Website may be reproduced, republished, extracted, modified, copied, distributed, displayed, stored or otherwise included in any other website or any public or private electronic retrieval system or service without ADFC 's specific prior written permission.
    5. The trade name "Abu Dhabi Film Commission" is owned by ADFC. You shall not use or display publicly the "ADFC" trade name "Abu Dhabi Film Commission" without the prior written consent of ADFC.
    6. The Website may contain or make reference to trade marks or other proprietary intellectual property rights of ADFC, its partners, affiliates or of other third parties. No licence to or right in any of these trade marks or other proprietary intellectual property rights is granted to or conferred upon you by reason of such reference.
    7. The Website and Content are protected by copyright, trademark, and other laws of the United Arab Emirates and all other countries. Except as expressly provided in these Terms, ADFC and its licensors (if specified by ADFC) exclusively own all right, title and interest in and to the Website and ADFC Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or ADFC Content.
    8. Subject to your compliance with these Terms, ADFC grants to you a limited, nonexclusive, non-transferable license, without the right to sublicense, to access, view, download and print, where applicable, any ADFC Content solely for your personal and non-commercial purposes, revocable upon notice by ADFC without need to ascribe reasons for doing so. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website or ADFC Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ADFC or its licensors, except for the licenses and rights expressly granted in these Terms.
  3. WEBSITE ACCESS
    1. While ADFC endeavours to ensure that the Website is normally available 24 hours a day, you hereby acknowledge that ADFC shall not be liable if for any reason the Website is unavailable at any time or for any period or if your access to the Website is suspended.
    2. You are responsible for ensuring that your computer system, mobile telephone or other communication device meets all relevant technical specifications necessary to use the Website.
    3. ADFC reserves the right, at its sole discretion, to modify, replace, refuse access to, suspend and/or discontinue all aspects and/or any part of the Website, including any portion thereof on a global or individual basis, and to block access from a particular Internet address, Internet protocol (IP) address or geographical territory to the Website, at any time, without ascribing any reasons whatsoever. Any and all changes shall take effect at the time they are posted on the Website and/or directly communicated to you unless otherwise specified.
  4. PERMITTED USE OF WEBSITE
    1. You agree and warrant that you will not:
      1. misuse the Website or any communication systems that the Website utilises in any way whatsoever (including, without limitation, by hacking);
      2. use the Website for any purpose that is unlawful in any relevant jurisdiction or is otherwise prohibited by these Terms;
      3. access, tamper with, or use non-public areas of the Website, ADFC’s computer systems, or the technical delivery systems of ADFC’s providers;
      4. attempt to probe, scan, or test the vulnerability of any ADFC system or network or breach any security or authentication measures;
      5. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ADFC or any of ADFC’s providers or any other third party to protect the Website or ADFC Content;
      6. attempt to access or search the Website or ADFC Content or download ADFC Content from the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ADFC or other generally available third party web browsers (such as but not limited to Microsoft Internet Explorer, Mozilla Firefox, Safari, Google Chrome or Opera);
      7. send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, pyramid schemes or other form of solicitation;
      8. use any meta tags or other hidden text or metadata utilizing a ADFC trademark, copyright, logo URL or product name without ADFC’s express written consent;
      9. use the Website or ADFC Content for any commercial purpose for the benefit of you or any third party or in any manner not permitted by these Terms;
      10. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website or ADFC Content to send altered, deceptive or false source-identifying information;
      11. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or ADFC Content;
      12. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, worm, Trojan horse, or overloading, flooding, spamming, or mail-bombing the Website;
      13. collect Content from the Website using automated means, such as “spiders,” “scrapers,” bots or robots, without prior express permission from ADFC; or
      14. encourage or enable any other individual to do any of the foregoing.
    2. ADFC may fully co-operate with any law enforcement authorities of the United Arab Emirates or any court order issued by the courts of the United Arab Emirates or any order or direction issued by the Telecom Regulatory Authority of the United Arab Emirates requesting or directing ADFC to disclose the identity or locate anyone posting any material in purported or suspected breach of any clauses of these Terms or any applicable laws.
    3. ADFC reserves the absolute right:
      1. to use cookies to store your preferences and to record information in accordance with ADFC’s Privacy Policy; and
      2. to use your personal data as set out in these Terms strictly in accordance with ADFC’s Privacy Policy.
    4. Your use of the Website and Content and any other content made available through the Website is at your sole risk and discretion, and ADFC hereby disclaims any and all liability to you or any third party relating thereto.
  5. LINKS TO AND FROM OTHER WEBSITES
    1. The Website may include links to third party websites that are not owned or controlled by ADFC and that are provided solely for your convenience. If you use these links, you will leave the Website. ADFC has not reviewed and is not obliged to review all of these third party websites and is not responsible for these websites, including their content, privacy policies, practices or availability and the conduct of the proprietors of such websites. The inclusion of these links on the Website does not imply any endorsement or approval of the linked sites or the content, information or any linked addresses therein, or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
    2. You may be directed to a third party website (a payment gateway) to make online payments to ADFC. This third party website is subject to its own terms and conditions and privacy policy. ADFC is not responsible for such website, including its content, privacy policy, practices or availability, nor is ADFC responsible for the proprietors of such website. If you decide to access such website, you do so entirely at your own risk. Please note that ADFC does not collect or store any individual payment information (such as credit card or bank information) from you.
    3. If you would like to link to the Website from another website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
      1. you do not remove, distort or otherwise alter the size or appearance of the " ADFC " trade mark or any other trade mark owned and/or controlled by ADFC ;
      2. you do not create a frame or any other browser or border environment around the Website;
      3. you do not in any way imply that ADFC is endorsing any products or services other than its own;
      4. you do not misrepresent your relationship with ADFC nor present any other false information about ADFC;
      5. you do not otherwise use the " ADFC " trade mark or any other trade marks displayed on the Website without express written permission from ADFC;
      6. you do not otherwise use the whole or any part of the Content without express permission from ADFC;
      7. you do not link from a website that is not owned or controlled by you;
      8. the other website does not contain content that is distasteful, offensive or controversial or is in any way contrary to the political, cultural or social norms or sensitivities in the United Arab Emirates;
      9. the other website does not infringe any intellectual property rights or other rights of any third party; and
      10. the other website complies with all the laws and regulations of the Media Zone Authority – Abu Dhabi, the Emirate of Abu Dhabi and the Federal laws of the United Arab Emirates as applicable therein.
    4. ADFC expressly reserves the right to revoke the right granted in clause 5.3 at any time and for any reason and to take any action it deems appropriate.
  6. COMMUNICATION FROM YOU
    1. With respect to all communications and submissions you make to ADFC regarding the Website (or Content on the Website), including but not limited to questions, comments, suggestions and other feedback, ideas, concepts, know-how, techniques, text, photographs, graphics, video or audio in any format, (“Communication”), ADFC will use all reasonable endeavours to act in good faith. You acknowledge and agree that in the absence of a written agreement by ADFC to the contrary:
      1. ADFC shall have no obligation to protect your Communication from any disclosure;
      2. ADFC is or may be from time to time investigating other ideas, creations, concepts, businesses and other forms of submission and ADFC may therefore be in discussions with third parties from which ADFC may already have received or may from time to time receive proprietary information that is similar to your Communication, the subject matter of which is not related to or derived from your Communication;
      3. ADFC shall be free to use, disclose, reproduce, modify, adapt, publish, translate, distribute and/or create derivative works from your Communication for the purposes of assessment and evaluation provided that such right is exercised at all times in good faith within ADFC and/or in respect of a restricted number of third parties;
      4. ADFC shall not be obliged to open, review or respond to any Communication; and
      5. you grant to ADFC a perpetual, irrevocable, royalty-free, non-exclusive sub licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your Communication worldwide and/or to incorporate your Communication in other works in any media now known or later developed to the full term of any rights that may exist in your Communication. If you do not wish to grant these rights please do not submit your Communication.
      6. You warrant and represent that:
        1. all Communication is your own original work; and
        2. you have the right to make it available to ADFC for all purposes and to grant the rights referred to in clause 6 and throughout these Terms.
  7. DISCLAIMER
    1. The Content, including any e-mail notifications, news updates, and/or notices of events, is intended for informational purposes only and does not in any case constitute a legally binding offer.
    2. While ADFC endeavours to ensure that the Content is correct and current, ADFC makes no express or implied condition, warranty, representation or undertaking as to its accuracy, reliability or completeness. ADFC may make changes to the Content and the products, services and programmes described on the Website, at any time without notice. The Content may be out of date, and ADFC makes no commitment to update such Content.
    3. The Content is provided ‘as is’, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, ADFC provides you with the Content on the basis that ADFC excludes all representations, warranties, conditions and other terms (including, without limitation, conditions of satisfactory quality, fitness for purpose, the use of reasonable care and skill and any other conditions implied by law) which, but for this legal notice, might have effect in relation to the Website.
  8. LIABILITY
    1. ADFC, and the officers, directors, employees, shareholders or agents of any of them (whether or not involved in creating, producing, maintaining or delivering the Website), 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 Website or your downloading or use of any Content, any websites linked to the Website or the material on such websites.
    2. Without prejudice to the generality of clause 8.1, you agree that in no event shall ADFC be liable for:
      1. any direct, indirect, punitive, exemplary or consequential loss or damages;
      2. 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
      3. any loss or damage due to viruses that may infect your computer equipment, software, data or other property in connection with your access to, use of, inability to use or the results of use of the Website or your downloading or use of any Content, any websites linked to the Website or the material on such websites.
    3. You fully indemnify ADFC for any loss or damage suffered by ADFC for any breach by you of these Terms.
  9. MISCELLANEOUS
    1. 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.
    2. These Terms represent the entire understanding and agreement between ADFC and you concerning your use of the Website and the Content. Any and all previous courses of dealing, written or oral understandings, discussions, representations, correspondence and communications between ADFC and you relating to the matters covered by these Terms are hereby superseded. You hereby agree that you have not relied upon, and will have no remedy in respect of, any warranty, statement, representation or understanding made by any party including ADFC unless it is expressly set out in these Terms.
    3. All notices shall be given to ADFC via email at legal@twofour54.com.
    4. 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.
    5. ADFC may assign, transfer, novate or subcontract any or all of its rights and obligations under these Terms at any time.
    6. These Terms may be available in English and Arabic languages. For the avoidance of doubt the English-language version shall at all times take precedence in the event of any discrepancy.