1.2 In consideration of the rights and benefits CNBC Arabia confers upon you under these Terms, you hereby agree to comply with the obligations set out in these Terms.
2.1 Except as otherwise stated, the copyright and other intellectual property rights in all information, documents or material on the Website (including without limitation any opinions, software or links, photographs, graphical images and audio/visual footage) (“Content”) are owned by CNBC Arabia or its licensors.
2.2 Any downloading, reproduction, republication, extraction, modification, copying, distribution, transmission, display or sale of the Content without the express written consent of CNBC Arabia for any purpose is strictly prohibited.
2.3 No part of the Website may be reproduced, republished, extracted, displayed, stored or otherwise included in any other website or any public or private electronic retrieval system or service (other than by automatic caching) without CNBC Arabia’s prior written permission.
2.4 Notwithstanding clause 2.2, you may download parts of the Content for your personal, non-commercial use, provided that you do not alter such in any way, including the removal of any trademark, copyright or other proprietary notices affixed to the Content.
2.5 If you breach any provision in these Terms, your permission to use the Website and your licence to use the Content automatically terminates and you must immediately delete or destroy any downloaded or printed extracts of Content from the Website.
2.6 The trade mark (the “Trade Mark”) is owned by CNBC Arabia. You agree not to use or display publicly this trade mark without the prior written consent of CNBC Arabia.
2.7 The Website may contain or make reference to trade marks or other proprietary intellectual property rights of CNBC Arabia’s partners or of other third parties. You agree that no license 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.
2.8 You agree that CNBC Arabia reserves any rights not expressly granted in these Terms.
3. WEBSITE ACCESS
3.1 While CNBC Arabia endeavours to ensure that the Website is normally available twenty-four (24) hours a day, you agree that CNBC Arabia shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond CNBC Arabia’s control. You agree that CNBC Arabia shall also not be liable by reason of such temporary suspension.
3.3 CNBC Arabia reserves all rights to deny or restrict access to this Website to any person or organisation, or to block access from a particular Internet protocol (I.P.) address to this Website, at any time, without ascribing any reasons whatsoever.
4.2 Your registration is also subject to the following terms:
4.2.1 you agree not to permit or assist any third party to gain access to those areas of the Website that are subject to and require user registration unless that third party has registered with the Website; and
4.2.2 you agree not to create additional registration accounts in order to abuse the functionality of the Website.
4.3 Without prejudice to clause 3.3, CNBC Arabia shall have the right to immediately and without notice suspend or cancel your registration (and all privileges connected thereto) [and cease providing you with copies of its newsletter] for any failure by you to comply with clause 4.2 or any other clause in these Terms.
5. VISITOR MATERIAL AND CONDUCT
5.2 You may submit material for publication in various areas of the site designated for such purpose, including areas set up for posting comments on our Content. CNBC Arabia accepts no liability or responsibility in respect of any material submitted by you and published by CNBC Arabia on the Website, including its content or accuracy.
5.3 Material may be submitted for publication on the Website, provided always that:
5.3.1 you agree that publication of material you submit to CNBC Arabia via the Website (“User Material”) will be at CNBC Arabia’s sole discretion, and CNBC Arabia reserves the right to:
184.108.40.206 make additions or deletions prior to publication;
220.127.116.11 refuse publication;
18.104.22.168 monitor the User Material after publication; and
22.214.171.124 remove published User Material after publication;
5.3.2 you warrant that all User Material is original, you own the copyright and any other relevant rights in the User Material and you hereby grant CNBC Arabia a royalty-free, irrevocable, transferable, perpetual, sub-licensable, non-exclusive worldwide licence to use, copy, adapt, edit, modify, translate, reformat, redistribute, transmit, display or reproduce such User Material in any format whatsoever; and
5.3.3 you warrant that the User Material is not obscene, offensive, defamatory of any person, illegal or otherwise not in keeping with the social or religious norms or values of [the United Arab Emirates].
5.4 You agree to fully indemnify CNBC Arabia for any liabilities, claims, costs, loss or damage, including consequential losses in connection with your submission of User Material to the Website, including any breach by you of clauses 5.3.2 and 5.3.3.
5.5 You agree and warrant not to misuse the Website or any communication systems that the Website utilises in any way whatsoever (including, without limitation, by hacking).
5.6 You agree and warrant that you will not use the Website for any purpose that is unlawful (in accordance with the governing law of these Terms and, if different, the local laws in the country from which you are accessing the Website) or is otherwise prohibited by these Terms.
5.7 CNBC Arabia shall fully co-operate with any law enforcement authorities or any court order requesting or directing CNBC Arabia to disclose the identity or locate anyone posting any material in breach of clause 5.2 of these Terms.
6. NON-CONFIDENTIAL COMMUNICATIONS
With respect to all communications you make to CNBC Arabia or its officers or agents regarding the Website or the Content, including but not limited to questions, comments, suggestions, feedback, or other correspondence which you transmit to CNBC Arabia through the Website (including any material attached therein), you agree that:
6.1.1 you shall have no right of strict confidentiality in your communications and CNBC Arabia shall have no obligation to protect your communications from any reasonable or legitimate disclosure;
6.1.2 CNBC Arabia shall be free to reproduce, use, disclose and distribute your communications to others without limitation for any reason or legitimate purpose; and
6.1.3 CNBC Arabia shall be free to use any ideas, concepts, know-how or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you will leave the Website. CNBC Arabia has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. 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.
7.2 If you would like to link to the Website, you agree that 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:
7.2.1 you do not remove, distort or otherwise alter the size or appearance of the Trade Mark;
7.2.2 you do not in any way imply that CNBC Arabia is endorsing any products or services other than its own;
7.2.3 you do not misrepresent your relationship with CNBC Arabia nor present any other false information about CNBC Arabia;
7.2.4 you do not use the Trade Mark or any other trade marks displayed on the Website without express written permission from CNBC Arabia;
7.2.5 you do not use the whole or any part of the Content without express permission from CNBC Arabia; and
7.2.6 your website does not infringe any intellectual property rights or other rights of any third party.
7.3 CNBC Arabia expressly reserves the right to revoke the right granted in clause 7.2 at any time and for any reason and to take any action it deems appropriate.
8.1 While CNBC Arabia endeavours to ensure that the Content is correct and current, CNBC Arabia makes no express or implied condition, warranty, representation or undertaking as to its accuracy, reliability or completeness. CNBC Arabia may make changes to the Content at any time without notice.
8.2 The Content is provided “as-is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, you agree that the Content is provided by CNBC Arabia on the basis that CNBC Arabia 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.
8.3 Without prejudice to the generality of clause 8.2, you agree that nothing in the Content constitutes a recommendation in relation to any security, financial product or instrument. CNBC Arabia shall therefore not be responsible for any investment or trading decisions made by you based on the Content.
8.4 Where advertising material has been submitted by third parties for use on the Website, individual advertisers are solely responsible for the content of such advertising material which they submit to us, including ensuring that it complies with relevant legislation. CNBC Arabia accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
9.1 CNBC Arabia, any of its group companies 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.
9.2 Without prejudice to the generality of clause 9.1, you agree that in no event shall CNBC Arabia be liable for:
9.2.1 any direct, indirect, punitive, exemplary or consequential loss or damages;
9.2.2 any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption; and
9.2.3 any loss or damage due to viruses, trojan horses, worms, logic bombs, time bombs, back doors, trap doors, keys or other code or components that may infect your computer equipment, software, data or other property or allow unauthorised access to or the unauthorised transmission of data from your computer, 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.
9.3 CNBC Arabia may, but shall have no obligation to, monitor the use of the Website by its users. CNBC Arabia does not endorse, nor is it responsible for any comments, opinion, advice, information or statements made by third parties, including its users. Accordingly, CNBC Arabia excludes all liability in respect of the User Material posted by any of its users in any form whatsoever.
9.4 Nothing in these Terms shall exclude or limit CNBC Arabia’s liability where such liability cannot be excluded or limited under applicable laws.
9.5 You agree to fully indemnify CNBC Arabia for any loss or damage suffered by CNBC Arabia or any of its group companies for any breach by you of these Terms.
10.2 These Terms represent the entire understanding and agreement between CNBC Arabia 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 CNBC Arabia 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 CNBC Arabia unless it is expressly set out in these Terms.
10.3 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.