WEBSITE TERMS AND CONDITIONS
This website (the “site”) is owned and operated by Smart APPS Media Network (“Smart APPS”). Please read the below Terms and Conditions carefully as they govern the use of this site and any products and services available on or provided through this site, except to the extent that such products or services are governed by more specific terms. In these Terms and Conditions, references to the “site” are taken to include all such products and services, except where stated otherwise.
1. User Obligation
By using and/or visiting this site, you have indicated your acknowledgement and assent to these Terms and Conditions and any other terms and conditions which may be introduced by Smart APPS on this site from time to time. Your access, use, participation and/or downloading materials from the site, indicates your agreement to abide by these Terms and Conditions. Smart APPS reserves the right to change these Terms and Conditions at any time by posting changes online and it is your responsibility to refer to and comply with these Terms and Conditions upon accessing the site. We recommend that you print a copy of these Terms and Conditions for future reference. If you do not agree to any of these Terms and Conditions, please cease from the use of this site, and any associated products or services governed by these Terms and Conditions, immediately.
Use of this site is only permitted for lawful purposes and in a manner which is not in breach of any applicable law and which does not infringe any rights of, or restrict the use and lawful enjoyment of, this site by any third party. Such restrictions shall include, but are not limited to, harassment, defamatory conduct, obscene or abusive content, offensive language, distress to third parties and any other conduct which may be deemed inappropriate in Smart APPS’s sole and absolute discretion.
You hereby warrant that you are 18 years of age or older, and/or possess all required approvals and consents including legal guardian or parental consent for use of this site. You further warrant that you are fully able and competent to enter into these Terms and Conditions and abide by them.
Smart APPS may assign any or all of its rights and/or obligations under these Terms and Conditions to any party, in Smart APPS’s sole and absolute discretion. If this happens, Smart APPS will take reasonable steps to: (i) update these Terms and Conditions to provide notice of such changes, and (ii) ensure that such assignment will not adversely affect your legal rights.
3. User Content Submission
Various parts of this site allow for user information or any other data to be transmitted or posted on the site (hereinafter referred to as “User Submissions”). These include personal information, photographs, videos, audio materials, written scripts, articles, opinions or any other form of material. Such User Submissions shall be subject to the following conditions:
Elements of this site may allow for user information or any other data to be transmitted or posted on the site (hereinafter referred to as “User Submissions”). These include personal information, photographs, videos, audio materials, written scripts, articles, opinions or any other form of material. If you upload any User Submissions, you agree that they shall be subject to the following conditions:
3.1 By submitting any User Submissions to this Site, you grant Smart APPS a non-revocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, modify, alter, prepare derivative works of, display, perform, or delete any or all parts of the User Submission in its own sole and absolute discretion and on any platform or media whatsoever. You hereby waive any and all moral rights, and any equivalent or similar rights, that may subsist in or apply in relation to any User Submissions. This licence and waiver shall not be limited by period or territory.
3.2 User Submissions may be used by Smart APPS for any purpose including, but not limited to reproduction, broadcasting, transmission, editing, cutting, reformation, adapting, posting, or any other use as per the sole and absolute discretion of Smart APPS.
3.3 You shall be solely responsible for your own User Submissions and any claims, complaints, allegations of infringement, damages, third party rights, or legal action or proceeding arising out of, or in connection with, the use and submission of your User Submissions.
3.4 By submitting any User Submission, you hereby affirm, represent and warrant that you have the right to submit such User Submissions, and that you have obtained all necessary clearances, licences, consents, rights and permissions to use and authorise Smart APPS to use your User Submissions.
3.5 You undertake that you will not submit or disclose on this site any User Submission, or any other material or information, that is protected by or subject to any copyright, trade secret or any third party proprietary rights, including privacy and publicity rights, unless all necessary rights, permissions and authorisations have been obtained from all necessary licences, permissions and authorisations from all relevant rights owners to submit the User Submission, material, and/or information and grant the licence indicated herein to Smart APPS.
3.6 You further undertake not to submit any User Submission, material, or information, that is unlawful, obscene, defamatory, libellous, political, threatening, pornographic, harassing, hateful, racially offensive, considered as a criminal offence, gives rise to a civil liability, encourages criminal action or violates the law, culture or internationally acceptable norms and codes of ethics.
3.7 Smart APPS shall have sole and absolute discretion regarding the publication and/or display of User Submissions, and under no circumstances is Smart APPS obliged to publish, display or include on this site or any other platform or service, all or part of any User Submission.
4. Data Protection
5. Access to the Site
The site is made available free of charge. Smart APPS makes no representation that materials on this site are appropriate or available for use at other locations outside of the State of Qatar and access to them from territories where their contents are illegal is prohibited. If you access this site from a location outside of the State of Qatar, you are responsible for compliance with all local laws.
Smart APPS may suspend, terminate, withdraw, or restrict the availability of all or any part of the site without notice and for any or no reason.
You are responsible for ensuring that all persons who access the site through your internet connection are aware of, and comply with, these Terms and Conditions.
If you are granted credentials to enable you to access any portion of the site, you must treat such credentials as confidential and keep them secure. You must not disclose such credentials to any third party. Smart APPS may disable your access to any or all portions of the site, and/or revoke your credentials, at any time and without prior notice, if it appears to Smart APPS that you have failed to comply with your obligations under these Terms and Conditions.
6. Copyright and Other Intellectual Property
The names, images and logos identifying Smart APPS, or any of its associated companies or third parties and their products and services are the exclusive property of Smart APPS, its associated companies and/or third parties. Nothing contained herein shall be construed as conferring by any means, licence or right under any copyright, trade mark, or other intellectual property rights (or any equivalent or similar rights) of Smart APPS, its associated companies or any other third party.
All copyright, trade marks and other intellectual property rights (or any equivalent or similar rights) in this site (including the design, arrangement and look and feel) and all material or content supplied as part of the site shall remain at all times the property of Smart APPS or Smart APPS’s licensors. In accessing the site you agree that you do so only for your own personal, non-commercial use. You may not authorise, encourage, permit or assist in any way any third party to copy, reproduce, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify in any way, or otherwise infringe any intellectual property rights (or any equivalent or similar rights) in any material or content accessible on or through the site without the express prior written permission of an authorised officer of Smart APPS.
You shall not authorise, encourage, permit or assist any text or data mining or web scraping in relation to the site, including: (i) any “spider”, “scraper”, “bot” or other automated technology, mechanism or process in order to access, copy, view or record any portion of the site or any information, content or User Submissions accessed via the site; and (ii) any automated technology, mechanism or process in order to analyse any portion of the site or any information, content or User Submissions accessed via the site for the purpose of identifying trends, correlations or patterns.
7. Third Party Sites / Links
Smart APPS is not responsible for the availability or content of any third party websites or material you access through this site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Smart APPS does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). Smart APPS is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings are solely between you and the relevant provider of the service.
If you create links to this site, such links must be direct to any complete content page (and not any part of a page or any individual element of content) within this site and all other Smart APPS sites, and must not be “framed” or otherwise be viewed or presented within the pages of any other website or service. Smart APPS disclaims all liability for any legal or other consequences (including for infringement of third party rights) in relation to the creation or use of any links made to this site.
Links to this site from third party websites or services do not imply that Smart APPS approves, endorses, is affiliated with, or is associated with any such third party websites or services, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such third party websites or services, or that any third party website or service is authorised to use any trademark, trade name, logo, copyright symbol, or other intellectual property of Smart APPS or any of its licensors, affiliates, entities or subsidiaries.
8. Disclaimer / Limitation of Liability
You agree that your use of this site shall be at your own sole risk and responsibility. To the fullest extent permitted by law, Smart APPS, its officers, directors, and agents disclaim all warranties, express or implied, in connection with the site. Smart APPS does not warrant, endorse or guarantee that the content posted on this site is of social, cultural and moral acceptable standards. Smart APPS does not warrant that User Submissions posted on this site do not infringe any third party rights.
This site and the information, names, images, pictures, logos and icons relating to this site or any other sites owned or operated by Smart APPS, and/or any of its associated companies, products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
The information and other materials included on this site may contain inaccuracies and typographical errors. Smart APPS does not warrant that the functions contained in this site will be uninterrupted or error-free or that defects will be corrected or that this site or the server that makes it available are free of viruses or bugs. Smart APPS does not warrant or represent the functionality, reliability, availability, accuracy or completeness of any services, statements, information, materials, or other information displayed or distributed through the site from time to time. You acknowledge that any reliance on any such statement or information shall be at your own sole risk. Smart APPS reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the site and to make changes to the site and to the materials, products, programmes, services or prices described in the site at any time without notice.
In no event will Smart APPS and/or any third parties be liable for any damages including, but not limited to, indirect or consequential damages or any damages arising from or in relation to any part of the site or any use of the site including, but not limited to, errors or omissions, loss of use, loss of data, loss of profits, loss of opportunities, whether in respect of any claim on the basis of contract, tort, negligence or any other cause of action.
Smart APPS may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without notice or liability.
You agree to indemnify and keep indemnified Smart APPS and all of its employees, affiliates, subsidiaries and associates from any and all claims, damages, expenses, compensation, costs and liabilities arising in any manner from your access to and use of this site and/or the submission of any User Submissions to this site.
You understand that when using this site, you may be exposed to User Submissions from a variety of sources, including other users acting in their capacity as independent third parties, and you acknowledge that you may be exposed to User Submissions that may be inaccurate, offensive, indecent, or objectionable. You hereby waive any legal or equitable rights or remedies you have or may have against Smart APPS in respect of any such User Submissions and any other information or materials accessed through the site.
10. Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Qatar. Disputes arising in connection with these Terms and Conditions, and any use of the site, shall be exclusively subject to the jurisdiction of the Qatari courts. Any cause of action you may have with respect to these Terms and Conditions, and any use of this site, must be commenced within one (1) year after the claim or cause of action arises.
If any portion of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that portion of these Terms and Conditions is illegal, invalid or unenforceable, it shall be deemed to be severed and deleted from that clause and the remaining potions of these Terms and Conditions shall survive and continue to be binding and enforceable.