TERMS
OF USE
1. ACCEPTANCE OF TERMS
ALLinDubai.com provides a collection of online resources, including
classified ads, forums, and various email services, (referred
to hereafter as "the Service") subject to the following
Terms of Use ("TOU"). By using the Service in any way,
you are agreeing to comply with the TOU. In addition, when using
particular ALLinDubai.com services, you agree to abide by any
applicable posted guidelines for all ALLinDubai.com services,
which may change from time to time. Should you object to any term
or condition of the TOU, any guidelines, or any subsequent modifications
thereto or become dissatisfied with ALLinDubai.com in any way,
your only recourse is to immediately discontinue use of ALLinDubai.com.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify
or otherwise alter these terms and conditions at any time. Such
modifications shall become effective immediately upon the posting
thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes. You
can find the most recent version of the TOU at:
http://allindubai.com/terms.php
3. CONTENT
You understand that all postings, messages, text, files, images,
photos, video, sounds, or other materials ("Content")
posted on, transmitted through, or linked from the Service, are
the sole responsibility of the person from whom such Content originated.
More specifically, you are
entirely responsible for each individual item ("Item")
of Content that you post, email or otherwise make available via
the Service. You understand that ALLinDubai.com does not control,
and is not responsible for Content made available through the
Service, and that by using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or
otherwise objectionable. Furthermore, the ALLinDubai.com site
and Content available through the Service may contain links to
other websites, which are completely independent of ALLinDubai.com.
ALLinDubai.com makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any
such site. Your linking to any other webites is at your own risk.
You agree that you must evaluate, and bear all risks associated
with, the use of any Content, that you may not rely on said Content,
and that under no circumstances will ALLinDubai.com be liable
in any way for any Content or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed
or otherwise made available via the Service. You acknowledge that
ALLinDubai.com does not pre-screen or approve Content, but that
ALLinDubai.com shall have the right (but not the obligation) in
its sole discretion to refuse, delete or move any Content that
is available via the Service, for violating the letter or spirit
of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The ALLinDubai.com site and Content available through the Service
may contain features and functionalities that may link you or
provide you with access to third party content which is completely
independent of ALLinDubai.com, including web sites, directories,
servers, networks, systems, information and databases, applications,
software, programs, products or services, and the Internet as
a whole.
Your interactions with organizations and/or individuals found
on or through the Service, including payment and delivery of goods
or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with
any of these third parties.
You agree that ALLinDubai.com shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any
such dealings. If there is a dispute between participants on this
site, or between users and any third party, you understand and
agree that ALLinDubai.com is under no obligation to become involved.
In the event that you have a dispute with one or more other users,
you hereby release ALLinDubai.com, its officers, employees, agents
and successors in rights from claims, demands and damages (actual
and consequential) of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way related to such disputes and / or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have
been otherwise violated, please notify ALLinDubai.com for notice
of claims of
copyright or other intellectual property infringement, at
siteadmin[AT]ALLinDubai.com (replacing [AT] with @)
Please provide us with the following Notice:
a) Identify the material on the ALLinDubai.com site that you
claim is infringing, with enough detail so that we may locate
it on the website;
b) A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law;
c) A statement by you declaring under penalty of perjury that
(1) the above information in your Notice is accurate, and (2)
that you are the owner of the copyright interest involved or that
you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
ALLinDubai.com will remove the infringing posting(s), subject
to the laws of the United Arab Emirates.
6. PRIVACY AND INFORMATION DISCLOSURE
ALLinDubai.com has established a Privacy Policy to explain to
users how their information is collected and used, which is located
at the following web address:
http://allindubai.com/privacy.php
Your use of the ALLinDubai.com website or the Service signifies
acknowledgement of and agreement to our Privacy Policy. You further
acknowledge and agree that ALLinDubai.com may, in its sole discretion,
preserve or disclose your Content, as well as your information,
such as email addresses, IP addresses, timestamps, and other user
information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary
to:
comply with legal process; enforce the TOU; respond to claims
that any Content violates the rights of third-parties; respond
to claims that contact information (e.g. phone number, street
address) of a third-party has been posted or transmitted without
their consent or as a form of harassment; protect the rights,
property, or personal safety of ALLinDubai.com, its users or the
general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing,
defamatory, libelous, invasive of another's privacy, or is harmful
to minors in any way;
b) that is pornographic or depicts a human being engaged in actual
sexual conduct including but not limited to (i) sexual intercourse,
including genital-genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite sex, or (ii) bestiality,
or (iii) masturbation, or (iv) sadistic or masochistic abuse,
or (v) lascivious exhibition of the genitals or pubic area of
any person;
c) that harasses, degrades, intimidates or is hateful toward
an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates federal, or local equal employment opportunity
laws, including but not limited to, stating in any advertisement
for employment a preference or requirement based on race, color,
religion, sex, national origin, age, or disability.
e) that impersonates any person or entity, including, but not
limited to, a ALLinDubai.com employee, or falsely states or otherwise
misrepresents your affiliation with a person or entity (this provision
does not apply to Content that constitutes lawful non-deceptive
parody of public figures.);
f) that includes personal or identifying information about another
person without that person's explicit consent;
g) that is false, deceptive, misleading, deceitful, misinformative,
or constitutes "bait and switch";
h) that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party, or Content that you
do not have a right to make available under any law or under contractual
or fiduciary relationships;
i) that constitutes or contains "affiliate marketing,"
"link referral code," "junk mail," "spam,"
"chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
j) that constitutes or contains any form of advertising or solicitation
if: posted in areas of the ALLinDubai.com sites which are not
designated for such purposes; or emailed to ALLinDubai.com users
who have not indicated in writing that it is ok to contact them
about other services, products or commercial interests.
k) that includes links to commercial services or web sites, except
as allowed in "services";
l) that advertises any illegal service or the sale of any items
the sale of which is prohibited or restricted by any applicable
law, including without limitation items the sale of which is prohibited
or regulated by UAE law.
m) that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
n) that disrupts the normal flow of dialogue with an excessive
amount of Content (flooding attack) to the Service, or that otherwise
negatively affects other users' ability to use the Service; or
o) that employs misleading email addresses, or forged headers
or otherwise manipulated identifiers in order to disguise the
origin of Content transmitted through the Service.
Additionally, you agree not to:
p) contact anyone who has asked not to be contacted;
q) "stalk" or otherwise harass anyone;
r) collect personal data about other users for commercial or
unlawful purposes;
s) use automated means, including spiders, robots, crawlers,
data mining tools, or the like to download data from the Service
- unless expressly permitted by ALLinDubai.com;
t) post non-local or otherwise irrelevant Content, repeatedly
post the same or similar Content or otherwise impose an unreasonable
or disproportionately large load on our infrastructure;
u) post the same item or service in more than one classified
category or forum, or in more than one metropolitan area;
v) attempt to gain unauthorized access to ALLinDubai.com's computer
systems or engage in any activity that disrupts, diminishes the
quality of, interferes
with the performance of, or impairs the functionality of, the
Service or the ALLinDubai.com website; or
w) use any form of automated device or computer program that
enables the submission of postings on ALLinDubai.com without each
posting being manually entered by the author thereof (an "automated
posting device"), including
without limitation, the use of any such automated posting device
to submit postings in bulk, or for automatic submission of postings
at regular intervals.
8. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or
intermediary that offers to post Content to the Service on behalf
of others. To moderate demands on ALLinDubai.com's resources,
you may not use a Posting
Agent to post Content to the Service without express permission
or license from ALLinDubai.com. Correspondingly, Posting Agents
are not permitted to post Content on behalf of others, to cause
Content to be so posted, or otherwise access the Service to facilitate
posting Content on behalf of others, except with express permission
or license from ALLinDubai.com.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements
to ALLinDubai.com email addresses or through ALLinDubai.com computer
systems, which is expressly prohibited by these TOU.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service.
The fee is an access fee permitting Content to be posted in a
designated area. Each party posting Content to the Service is
responsible for said Content and compliance with the TOU. All
fees paid will be non-refundable in the event that Content is
removed from the Service for violating the TOU.
11. LIMITATIONS ON SERVICE
You acknowledge that ALLinDubai.com may establish limits concerning
use of the Service, including the maximum number of days that
Content will be retained by the Service, the maximum number and
size of postings, email messages, or other Content that may be
transmitted or stored by the Service, and the frequency with which
you may access the Service. You agree that ALLinDubai.com has
no responsibility or liability for the deletion or failure to
store any Content maintained or transmitted by the Service. You
acknowledge that ALLinDubai.com reserves the right at any time
to modify or discontinue the Service (or any part thereof) with
or without notice, and that ALLinDubai.com shall not be liable
to you or to any third party for any modification, suspension
or discontinuance of the Service.
12. ACCESS TO THE SERVICE
ALLinDubai.com grants you a limited, revocable, nonexclusive license
to access the Service for your own personal use. This license
does not include: (a) access to the Service by Posting Agents;
or (b) any collection, aggregation, copying, duplication, display
or derivative use of the Service nor any use of data mining, robots,
spiders, or similar data gathering and extraction tools for any
purpose unless expressly permitted by ALLinDubai.com.
A limited exception to (b) is provided to general purpose internet
search engines and non-commercial public archives that use such
tools to gather information for the sole purpose of displaying
hyperlinks to the Service, provided they each do so from a stable
IP address or range of IP addresses using an easily identifiable
agent and comply with our robots.txt file.
"General purpose internet search engine" does not include
a website or search engine or other service that specializes in
classified listings or in any subset of classifieds listings such
as jobs, housing, for sale, services, or personals, or which is
in the business of providing classified ad listing services.
ALLinDubai.com permits you to display on your website, or create
a hyperlink on your website to, individual postings on the Service
so long as such use is for noncommercial and/or news reporting
purposes only (e.g., for use in personal web blogs or personal
online media). If the total number of such postings displayed
or linked to on your website exceeds one hundred (100) postings,
your use will be presumed to be in violation of the TOU, absent
express permission granted by ALLinDubai.com to do so. You may
also create a hyperlink to the home page of ALLinDubai.com sites
so long as the link does not portray ALLinDubai.com, its employees,
or its affiliates in a false, misleading, derogatory, or otherwise
offensive matter.
ALLinDubai.com offers various parts of the Service in RSS format
so that users can embed individual feeds into a personal website
or blog, or view postings through third party software news aggregators.
ALLinDubai.com permits you to display, excerpt from, and link
to the RSS feeds on your personal website or personal web blog,
provided that (a) your use of the RSS feed is for personal, non-commercial
purposes only, (b) each title is correctly linked back to the
original post on the Service and redirects the user to the post
when the user clicks on it, (c) you provide, adjacent to the RSS
feed, proper attribution to 'ALLinDubai.com' as the source, (d)
your use or display does not suggest that ALLinDubai.com promotes
or endorses any third party causes, ideas, web sites, products
or services, (e) you do not redistribute the RSS feed, and (f)
your use does not overburden ALLinDubai.com's systems. ALLinDubai.com
reserves all rights in the content of the RSS feeds and may terminate
any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted
to you by ALLinDubai.com immediately terminates said permission
or license. In order to collect, aggregate, copy, duplicate, display
or make derivative use of the the Service or any Content made
available via the Service for other purposes (including commercial
purposes) not stated herein, you must first obtain a license from
ALLinDubai.com.
13. TERMINATION OF SERVICE
You agree that ALLinDubai.com, in its sole discretion, has the
right (but not the obligation) to delete or deactivate your account,
block your email or IP address, or otherwise terminate your access
to or use of the Service (or any part thereof), immediately and
without notice, and remove and discard any Content within the
Service, for any reason, including, without limitation, if ALLinDubai.com
believes that you have acted inconsistently with the letter or
spirit of the TOU. Further, you agree that ALLinDubai.com shall
not be liable to you or any third-party for any termination of
your access to the Service. Further, you agree not to attempt
to use the Service after said termination.
Sections 2, 4, 6 and 12-18 shall survive termination of the
TOU.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright
laws and international treaties. Content displayed on or through
the Service is protected by copyright as a collective work and/or
compilation, pursuant to copyrights laws, and international conventions.
Any reproduction, modification, creation of derivative works from
or redistribution of the site or the collective work, and/or copying
or reproducing the sites or any portion thereof to any other server
or location for further reproduction or redistribution is prohibited
without the express written consent of ALLinDubai.com. You further
agree not to reproduce, duplicate or copy Content from the Service
without the express written consent of ALLinDubai.com, and agree
to abide by any and all copyright notices displayed on the Service.
You may not decompile or disassemble, reverse engineer or otherwise
attempt to discover any source code contained in the Service.
Without limiting the foregoing, you agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any
aspect of the Service.
Although ALLinDubai.com does not claim ownership of content that
its users post, by posting Content to any public area of the Service,
you automatically grant, and you represent and warrant that you
have the right to grant, to ALLinDubai.com an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform,
display, and distribute said Content and to prepare derivative
works of, or incorporate into other works, said Content, and to
grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area
of the Service, you automatically grant ALLinDubai.com all rights
necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction,
or exploitation of the Content on the Service by any party for
any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE ALLinDubai.com SITE AND THE SERVICE
IS ENTIRELY AT YOUR OWN RISK. THE ALLinDubai.com SITE AND THE
SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE"
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED
BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ALLinDubai.com
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE ALLinDubai.com SITE AND THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALLinDubai.com DISCLAIMS
ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE ALLinDubai.com SITE OR THE SITES OR SERVICE,
OR ACCESSED THROUGH ANY LINKS ON THE ALLinDubai.com SITE. TO THE
FULLEST EXTENT PERMITTED BY LAW, ALLinDubai.com DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION
WITH THE ALLinDubai.com SITE OR THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, some of the foregoing disclaimers may not
apply to you insofar as they relate to
implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ALLinDubai.com BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
(EVEN IF ALLinDubai.com HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ALLinDubai.com
SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF THE ALLinDubai.com SITE OR THE SERVICE, FROM INABILITY TO USE
THE ALLinDubai.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE ALLinDubai.com
SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT
TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE ALLinDubai.com SITE
OR THE SERVICE OR ANY LINKS ON THE ALLinDubai.com SITE, AS WELL
AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE ALLinDubai.com SITE OR THE SERVICE
OR ANY LINKS ON THE ALLinDubai.com SITE. THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions,
some of the foregoing limitation may not apply to you.
17. INDEMNITY
You agree to indemnify and hold ALLinDubai.com, its officers,
subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers and employees, harmless from
any claim or demand, including reasonable attorney fees and court
costs, made by any third party due to or arising out of Content
you submit, post or make available through the Service, your use
of the Service, your violation of the TOU, your breach of any
of the representations and warranties herein, or your violation
of any rights of another.
18. GENERAL INFORMATION
The TOU constitute the entire agreement between you and ALLinDubai.com
and govern your use of the Service, superseding any prior agreements
between you and ALLinDubai.com. The TOU and the relationship between
you and ALLinDubai.com shall be governed by the laws of the UAE
without regard to its conflict of law provisions. You and ALLinDubai.com
agree to submit to the personal and exclusive jurisdiction of
the courts located within the UAE. The failure of ALLinDubai.com
to exercise or enforce any right or provision of the TOU shall
not constitute a waiver of such right or provision. If any provision
of the TOU is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOU remain in
full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use
of the Service or the TOU must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s)
for review, or by emailing to:
abuse[AT]ALLinDubai.com (replacing [AT] with @)
Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or
similar breaches.
You understand and agree that, because damages are often difficult
to quantify, if it becomes necessary for ALLinDubai.com to pursue
legal action to enforce the TOU, you will be liable to pay ALLinDubai.com
the following amounts as liquidated damages, which you accept
as reasonable estimates of ALLinDubai.coms' damages for the specified
breaches of the TOU:
a. If you post a message that (1) impersonates any person or
entity; (2) falsely states or otherwise misrepresents your affiliation
with a person or entity; or (3) that includes personal or identifying
information about another person without that person's explicit
consent, you agree to pay ALLinDubai.com one thousand dollars
($1,000) for each such message. This provision does not apply
to messages that are lawful non-deceptive parodies of public figures.
b. If ALLinDubai.com establishes limits on the frequency with
which you may access the Service, or terminates your access to
or use of the Service, you agree to pay ALLinDubai.com one hundred
dollars ($100) for each message posted in excess of such limits
or for each day on which you access ALLinDubai.com in excess of
such limits, whichever is higher.
c. If you send unsolicited email advertisements to ALLinDubai.com
email addresses or through ALLinDubai.com computer systems, you
agree to pay ALLinDubai.com twenty five dollars ($25) for each
such email.
d. If you post Content in violation of the TOU, other than as
described above, you agree to pay ALLinDubai.com one hundred dollars
($100) for each Item of Content posted. In its sole discretion,
ALLinDubai.com may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation
of the TOU, in addition to any liquidated damages under clause
(d), you agree to pay ALLinDubai.com one hundred dollars ($100)
for each and every Item of Conent posted in violation of the TOU.
A Posting Agent will also be deemed an agent of the party engaging
the Posting Agent to access the Service (the "Principal"),
and the Principal (by engaging the Posting Agent in violation
of the TOU) agrees to pay ALLinDubai.com an additional one hundred
dollars ($100) for each Item of Conent posted by the Posting Agent
on behalf of the principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or
otherwise exploit for any purpose any Content (except for your
own Content) in violation of the TOU without ALLinDubai.com's
express written permission, you agree to pay ALLinDubai.com three
thousand dollars ($3,000) for each day on which you engage in
such conduct.
Otherwise, you agree to pay ALLinDubai.com's actual damages,
to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of the TOU, ALLinDubai.com
retains the right to seek the remedy of specific performance of
any term contained in the TOU, or a preliminary or permanent injunction
against the breach of any such term or in aid of the exercise
of any power granted in the TOU, or any combination thereof.
20. FEEDBACK
All feedback on the Terms of Use should be addressed to admin[AT]ALLinDubai.com
(replacing [AT] with @)