Terms and Conditions for Submission of Video Diaries

1. INTRODUCTION

Aish Al Aan website - www.3eeshalaan.net is owned and operated by Tower Media Middle East FZ LLC (“AAA”), a Free Zone Limited Liability Company organised and existing under the laws and regulations applicable in Dubai Media City, Dubai, United Arab Emirates, with its principal place of business located at Dubai Media City, Building 1, Office 405, P.O. Box 500765, Dubai, United Arab Emirates ("AAA", or "we" or "us").

2. APPLICABILITY/ACCEPTANCE

  1. The following Terms and Conditions ("T&C") is a legally binding agreement between you or the employer or the person or entity you are representing ("You" or "Customer") and AAA, and sets forth the rights and obligations with respect to any Content (Video Diaries) uploaded by you and/or materials provided by you as additional service by AAA ("Pool Materials") as well as govern the use of the Website by you.
  2. Limitations on Use: By using our Services, You agree on behalf of yourself, your users and your attendees, not to:
    1. modify, prepare derivative works of, or reverse engineer, our Services;
    2. knowingly or negligently use our Services in a way that abuses or disrupts our users, user accounts, or the Services;
    3. transmit through the Services any harassing, indecent, obscene, fraudulent, or unlawful material;
    4. market or resell the Services to any Third Party;
    5. use the Services in violation of applicable laws, or regulations;
    6. use the Services to send unauthorized advertising or spam;
    7. transmit through the Services any material that may infringe the Intellectual Property, privacy, or other rights of third parties; and
    8. upload virus or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of the Services.
    9. you may use the Service if you are at least 18 years old. If you are under the age of 18, do not access or use the Services.
    10. if you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.
  3. By signing the Terms and Conditions, you agree to and are bound by the T&C set forth below and in any modified or additional terms that AAA may publish from time to time. If you do not agree to any and/or all of the terms and conditions contained in the T&C, do not access or use the Services.
  4. AAA reserves the right to change these T&C from time to time. Your continued access or use of the Website constitutes your acceptance of such changes. Your access and use of the Website will be subject to the current version of the T&C published on the Website at the time of such use.

3. DEFINITIONS AND INTERPRETATION

The following words or expressions shall, unless the context requires otherwise, have the following meanings in this T&C:

  1. Affiliate: means any entity that directly or indirectly controls, is controlled by, or is under common control with AAA or you (as appropriate)
  2. Commencement date: means the day on which AAA starts providing access to the Online platform to you.
  3. Content: means any text, graphics, audio, visual (including still visual images) and/or audio-visual material or other multimedia content, information and material uploaded by you in AAA online platforms under these T&C.
  4. Intellectual Property Rights: mean all intellectual property rights including patents, registered designs, trade-marks and service marks (whether registered or not), rights in the nature of unfair competition rights, copyright, database right, design right and all similar property rights including those subsisting (in any part of the world) in inventions, designs, drawings, performances, computer programs, semiconductor topographies, Confidential Information, business names, goodwill and the style and presentation of goods or services and applications for protection of any of the Rights.
  5. Law: means all applicable laws, statutes, rules and regulations and requirements of all governmental agencies and regulatory bodies in connection with Your Content whether now or in the future in force
  6. Licensed Platforms: means the platforms for which Content is licensed by you or materials provided by you to AAA.
  7. Rights: has the meaning given to it in clause 5.1
  8. Your Content: has the meaning given to it in clause 4
  9. Website: means www.3eeshalaan.net and its subdomains.

4. YOUR CONTENT

The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”) including Content created with or submitted to the Services by you or through your account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.

We may, in our sole discretion, delete or remove Your Content at any time for any reason, including for a violation of these Terms and Conditions, a violation of our Content Policy, or if you otherwise create liability to us.

By submitting Your Content to the Services;

  1. You represent and warrant that you have all rights, power and authority necessary to grant the rights to Your Content contained within these Terms and Conditions;
  2. You have secured all necessary rights and permissions from third parties, including in respect of music score, footage, graphics, any other audio-visual material, and creative and technical effort utilized in production of Your Content in order for AAA to fully exercise and exploit all of the Rights free from any encumbrances;
  3. Your Content is in accordance with Law, and will not contain anything which is, or is likely to, cause offence or be of such a nature that will bring AAA or any AAA Affiliate into disrepute, taking into consideration the religious, moral and social norms prevailing in the United Arab Emirates;
  4. Your Content will not contain anything which is offensive, invasive, defamatory, obscene, belligerent, or distasteful to religion, custom and norms in the United Arab Emirates;
  5. You will indemnify AAA (and its officers, directors and employees) against and hold AAA harmless from any and all losses damages costs and expenses (including consequential losses and loss of profit and outside legal fees) suffered or incurred directly or indirectly by AAA as a result of or in connection with;
    1. any breach or alleged breach or nonperformance or non-observance by you of the T&C, undertakings, representations and/or warranties on the part of you contained in this T&C; and
    2. any third-party claim against AAA arising out of or in connection with Your Content and/or any Intellectual Property Rights therein.

5. ASSIGNMENT & TRANSFER

  1. When you submit Your Content to our Services, you hereby irrevocably and unconditionally transfer and assign to AAA with full title guarantee:
    1. all right, title and interest, including all Intellectual Property Rights throughout the universe whether vested or contingent in and to the Programme and the Script and in and to the Materials; and
    2. the benefit of all assignments, grants, licenses, waivers and agreements with any third parties entered into by you in connection with Your Content and the benefit of any contracts, licenses and agreements assigned to you, in each case for AAA to hold the same absolutely for the full period of the rights wherever subsisting or acquired and all renewals, reversions, revivals and extensions thereof and thereafter (insofar as is or may become possible) in perpetuity, all such rights being collectively referred to herein as the “Rights”. You acknowledge and agree that if the subject matter is copyright, the assignment shall be of the entire copyright for the full period thereof (including any extensions, reversions, revivals and renewals) and thereafter in so far as is possible in perpetuity.
  2. The Rights transferred and assigned under clause 5. include, for the avoidance of doubt, all visual and/or audio-visual and other similar rights (including, television and online/digital rights) in and to Your Content and the right to exploit such rights in any and all languages, in any and all media and by any and all means, whether now known or hereafter devised and all rights incidental, ancillary or allied to any and all of the foregoing in and to the Programme and the Scripts and include, the following rights:
    1. the right to adapt, add to, delete from and translate Your Content and/or the Scripts at AAA's discretion and to develop and produce Your Content and/or the Scripts and any other Content or other audio-visual productions based upon Your Content and/or the Scripts and any adaptations thereof and to exploit the same in any and all languages in any and all media and by any and all means, whether now known or hereafter devised, including, by means of non-theatrical and online exploitation, all forms of television and video games (including tapes and discs);
    2. the right to develop, produce and exploit in any and all languages and by any and all means, whether now known or hereafter devised, screenplays, novelizations or other books, soundtrack records, computer games, multimedia products and merchandise and other products of all descriptions based upon Your Content and/or the Scripts and any adaptations thereof;
    3. the right to advertise and publicize Your Content and any other Content or produced hereunder in any and all media and by any and all means, whether now known or hereafter devised; and
    4. all lending and rental rights, rights of communication to the public and all satellite broadcast and cable retransmission rights that you may now or shall hereafter own in each case to the extent permitted by Law.

6. GENERAL TERMS

  1. Submission: Using the form provided on the website, you submit your details and your initial ideas. If we like what you sent, we will send you a purchase order for an initial video diary package of ten days. You will be paid for each qualifying video you submit.
  2. Payment: For every video approved and used by AAA, you will earn 50 euros. You will send us an invoice complete with your bank details. We will provide the payment within three weeks from the date of the request. Any bank expenses on our side will be ours. Any bank expenses on your side will be yours.
  3. Reservation of Rights: Except for the rights expressly granted under agreements between AAA and its customer, all rights, title and interest (including all Intellectual Property Rights) in and to the Content made available to AAA by the customer under this will remain with AAA in perpetuity.
  4. Warranties: AAA gives no representations or warranties of any kind with respect to the Content other than as expressly set out in these T&C or any agreement between AAA and you. Implied warranties are excluded to the fullest extent permitted by law.
  5. Privacy Policy: We collect, store, record and otherwise process personal data of our customers in order to handle and fulfill the Services.
  6. Governing Law: This Agreement will be governed and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai. If any provision of these T&C should be deemed unlawful, void, or for any reason unenforceable, the validity and enforceability of the remaining provisions of these T&C shall not be affected. In the event of invalidity or unenforceability of one or several provisions of these T&C, the statutory provisions shall apply.
  7. ID Proof: You will be required to provide a copy of valid passport as proof of identity before the payment is processed.
  8. Section Headings: Section headings are for convenient reference only and shall not affect the meaning or have any bearing on the interpretation of any provision of this Agreement.
  9. Updating Terms and Conditions: AAA reserves the right to update the terms and conditions from time to time without prior notice. You warrant that you shall accept the updated terms when you receive the pop up for the same.
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