LEGAL CONDITIONS AND DISCLAIMER
USE OF THE SITE
You must not use the Site in any manner that will, or could reasonably be expected to, damage or overburden any of our servers, or any network connected to any of our servers, interfere with any other party’s use of the Site or to contravene any applicable laws or any other party’s rights.
You agree that any and all comments, messages, postings, data, suggestions, creative ideas and other items or concepts disclosed, submitted or offered to Pearl Initiative through or in connection with this Site (“Submissions”), including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain, Pearl Initiative’s property. Such disclosure, submission or offer of any Submission shall constitute an assignment to Pearl Initiative by you of all rights, title and interests in all copyrights and other rights in the Submission. If it is determined that you retain any moral rights (including rights of attribution or integrity) in the Submissions, you hereby declare that you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submissions. You agree to do all things and execute all documents required to allow Pearl Initiative to take full advantage of the rights granted to it by this clause. Pearl Initiative is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any Submission; or (iii) to respond to any Submission. You represent and warrant that no Submission by you will violate any right of any third party, including, but not limited to, copyright, trade mark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission through, in connection with or related to this Site, you agree that Pearl Initiative has the right (but not the obligation) to copy, publish, distribute, modify, adapt, translate, create derivative works from, publicly display or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, throughout the world in any media now known or hereafter devised, without compensation to you or to any other person. You also allow Pearl Initiative the right to use the name that you submit in connection with such Submission. Pearl Initiative cannot and does not agree to consider or review every Submission, and is not liable or responsible for the content of any material posted on this Site by users. You agree not to upload, post, distribute or otherwise publish on this Site any material that is: (i) libelous, defamatory, obscene, suggestive, abusive, pornographic, harassing, threatening, inflammatory, offensive to any religious or moral groups, an invasion of privacy or otherwise objectionable, in the sole judgment of Pearl Initiative; (ii) infringes the intellectual property rights of any person or entity; (iii) in contravention of any applicable laws or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are and shall remain solely responsible for the content of any Submission you make.
This Site may contain links to other sites. Pearl Initiative is not responsible for the availability of, or any content or material contained in, or materials or services obtained through, any such sites. Any link to another site, and reference to third-party information, products or services linked to this Site, is not, and should not be construed as, an express or implied endorsement by Pearl Initiative. Any questions or comments relating to such other sites should be addressed to the operator or operators of those sites. You may not link to the Site without the written prior approval of Pearl Initiative. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page, subject to Pearl Initiative’s prior approval. Pearl Initiative reserves the right to withdraw linking permission without notice.
Material in this Site may contain inaccuracies or typographical errors. Pearl Initiative shall not be liable or responsible for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.
Pearl Initiative reserves the right at any time to modify the Site, temporarily or permanently suspend access to or stop providing the Site or any part of it to you, with or without notice.
This site and the contents of this site are provided on an “as is” and “as available” basis. Pearl Initiative makes no representations and provides no warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or trojan horses) or implied warranties of merchantability or fitness for a particular purpose, with respect to this site or its contents, and expressly disclaims any representations and warranties to the fullest extent permitted by applicable law. Pearl Initiative does not represent or warrant that the information contained in this site is accurate, complete or up-to- date, that access to the site will be uninterrupted, that this site is free of defects or that any defects will be remedied. You agree, by using this site, that your use of this site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that Pearl Initiative shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this site.
Other than in circumstances which cannot properly be excluded by law, in no circumstances shall Pearl Initiative be liable for any loss, damage, expense, costs, delays or other liability, howsoever arising, in connection with your use of the Site, the unavailability of part or all of the Site for any reason, or as a result of your accessing a third party site through a link on the Site. This includes direct losses as well as indirect or consequential losses, including without limitation, for loss of revenue or profits, loss of anticipated savings, loss of goodwill, injury of reputation or loss of business opportunity. Pearl Initiative will not be liable to you or anyone else for any loss resulting from a cause over which it does not have control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorised access, acts or omissions of third parties, viruses, theft or operator errors.
You agree to defend, indemnify and hold harmless Pearl Initiative, its affiliates and their officers, directors and employees from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, arising from or related to your use of this Site or any breach of these Terms.
Pearl Initiative recognises the importance of protecting the privacy of personal information of our users of the Site. The Site will record and track the use you make of the Site through the use of, among other things, cookies and other monitoring tools and devices. If you give us your name and address, or permission to send you emails, we may contact you if we think you would like to receive information about Pearl Initiative and our services. Otherwise, any personal information we obtain concerning you is used only to improve our services to our clients.
COPYRIGHT AND TRADEMARK INFORMATION
Copyright © 2016 Pearl Initiative Inc. All rights reserved. All copyright, trade marks and/or other intellectual property rights relating to the content of the Site or to the design of the Site are owned by Pearl Initiative or used with permission of third party licensors, unless stated otherwise. Such materials include, but are not limited to the Site design and layout, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trade marks and other materials contained in this Site, as well as the software used in the design and development of this Site. All rights are reserved, worldwide. The name and mark Pearl Initiative, the logo and all other Pearl Initiative related marks depicted in this Site, whether registered or unregistered, are trade marks or service marks of Pearl Initiative (the “Trade Marks”). Nothing contained in these Terms or on the Site should be construed as granting any licence or right to use any of the Trade Marks. You may not use and/or reproduce the Trade Marks without the express prior written consent of Pearl Initiative. In particular (and without limitation), none of the names or logos of Pearl Initiative or its third party licensors may be used in any way, including in advertising or publicity without our prior written approval. The materials contained in this Site are displayed for informational purposes only. This Site is solely for private, personal, and non-commercial use. The material in this Site is not intended to be an inducement, offer claim or endorsement in respect of any products or services described on the Site. You may download or copy materials in this Site solely for your personal non-commercial use. We reserve the right to withdraw this licence at any time. You do not obtain any right, title or interest in any material or software as a result of any such downloading or copying. You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, upload to a third party website, frame, store (for any period of time) in any electronic or any other retrieval system, sell or participate in any sale of or otherwise exploit, this Site, any of the materials in this Site, or any related software without our specific prior written consent. Any other use of materials on this Site, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of Pearl Initiative, is strictly prohibited.
If any provisions of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction which that provision is found to be illegal, invalid or unenforceable, it shall be deleted and the remaining terms and conditions shall survive and shall continue to be binding and enforceable.
These Terms and your use of this Site shall be governed by and construed in accordance with the laws of the Emirate of Dubai and any federal laws of the United Arab Emirates applicable in the Emirate of Dubai. Any dispute arising under or in connection with these Terms or out of your use of this Site shall be resolved exclusively by the courts of the Emirate of Dubai.
THIRD PARTY SERVICES