www.gnfundrive.com (the "Site") is the website of Al Nisr Publishing LLC (hereinafter referred to as the "Owner").
Access to and use of the Site is subject to the following terms and conditions (the Terms and Conditions"):
1. By using the Site you agree to be legally bound by these Terms and Conditions, which shall take effect immediately on your first use of the Site. If you do not agree to be legally bound by these Terms and Conditions, you must not access or use the Site.
2. The Owner may update or amend these Terms and Conditions at any time by the posting changes online. Please review these Terms and Conditions regularly to ensure you are aware of all changes made thereto. Your continued use of the Site after changes are posted means that you agree to be legally bound by these Terms and Conditions as updated or amended.
3. Access of this site is for the purpose of the fun drive organized by the Owner. For the avoidance of doubt, you can view the content on your receiving device solely for that purpose but you may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Site content in any way except for your own personal use. You also agree not to adapt, alter or create a derivative work from the Site content. Any other use of the Site content requires the prior written permission of the Owner.
4. You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of any other user or restrict or inhibit any other user's use and enjoyment of the Site. Prohibited behaviour includes but is not limited to harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site.
5. In accessing the Site, you agree not to:
5.1. impersonate another person or use a false name or a name you are unauthorised to use to create a false identity or e-mail address or try to mislead others as to the identity or origins of any communications;
5.2. damage, interfere with or disrupt access to the Site or to anything which may interrupt or impair its functionality;
5.3. threaten, harass, stop, abuse, disrupt or otherwise violate the rights (including rights of privacy) of others;
5.4. make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms" or any other harmful software; or
5.5. post, upload, publish, reproduce, transmit or otherwise distribute or make available information or other material on the Site:
(i) that constitutes or encourages conduct that would give rise to a criminal offence or civil liability;
(ii) which is protected by copyright or other intellectual property right or derivative works thereof, without obtaining prior written permission of the intellectual property right holder; or
(iii) otherwise use the Site in a manner which is contrary to law or which may, in the opinion of the Owner, adversely impact use of the Site or the internet.
The Owner retains the absolute right to prevent you from accessing the Site, without prejudice to any of the Owner's available rights and remedies, where it, in its absolute and sole discretion, considers that you are contravening these Terms and Conditions and/or any other access policy relating to the Site that may be maintained by the Owner.
7. The Site content, including the information, names, images, pictures, logos and icons regarding or relating to the Owner is provided "AS IS" and on an "IS AVAILABLE" basis without any representations. The Owner does not warrant that the functions contained in the Site content will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses, bugs, corrupt data, "trojan horses", "worms" or any other harmful software.
The Owner assumes no responsibility to you or any third party for any errors or omissions of any kind in the Site content or deriving therefrom and disclaims all warranties and to any other matter relating to the Site and the Site content, including but not limited to, any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, merchantability, non-infringement, compatibility, security and accuracy.
8. Under no circumstances will the Owner be liable for any damages and/or losses and/or other claims (whether the same were foreseen, foreseeable, known or otherwise) arising out of or in connection with the use or performance of the Site or the content available or referred to on the Site or on any other site that you may access through the Site, even if advised of the possibility of such damages, including without limitation:
8.1. loss of data;
8.2. loss of revenue or anticipated profits;
8.3. loss of business;
8.4. loss of opportunity;
8.5. loss of goodwill or injury to reputation/defamation;
8.6. losses suffered by third parties; or
8.7. any indirect, consequential, special, incidental or exemplary damages.
9. All material contained on the Site is published in good faith. The Owner specifically disclaims all and any liability to the readers and users or any other person of any kind for loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause, and whether on the part of the Owner or its employees or agents or any other person. Under no circumstances shall the Owner be liable to the readers and users or any other person for any special, incidental, indirect or consequential damages of any kind, including, without limitation, those resulting from loss of sales, loss of goodwill, loss of profits, whether or not the Owner was advised of the possibility of such losses. In all other respects, the Owner's liability shall be limited to the relevant fee paid by the registered users of the fun drive.
10. The Owner reserves the right to modify or suspend the Site at any time and for so long as the Owner (at its sole discretion) may wish, as well as change or remove any Site content from the Site, in whole or in part, at its sole discretion, at any time without notice and without any liability whatsoever.
11. You agree to defend, indemnify and hold harmless the Owner from any and all liability, costs, claims, proceedings, demands, losses, damages, expenses, including without limitation, all attorneys' fees, which may be related to any violation of these Terms and Conditions by you or users of your account or in connection with the use of the Site or placement or transmission of any information or other materials on the Site by you or users of your account.
12. All intellectual property rights, including copyright and database rights, in this site and its contents (including but not limited to text, images, software, illustrations, artwork, high resolution photography, video clips, audio clips and any after- sales material, hereinafter referred to as “the materials”) are owned by or licensed by the Owner or otherwise used by the Owner as permitted by applicable law.
The names, images and logos identifying the Owner or third parties are subject to copyright, design rights and trademarks of the Owner and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise, any license or right to use any trademark, patent, design right or copyright of the Owner or any third party.
13. If there is any conflict between these Terms and Conditions and the terms and conditions appearing elsewhere on the Site, these Terms and Conditions shall prevail in respect of this Site.
14. No modification shall be binding unless made in writing by the Owner.
15. No waiver by the Owner shall be effective except in relation to the matter in respect of which it was specifically given.
16. The Owner's failure to insist upon or enforce strict performance of any provision contained herein shall not be construed as a waiver of any provision contained, or right granted, herein.
17. If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable, in whole or in part, by a court of competent jurisdiction within 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 Term or Condition, or part thereof, is illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of any other provisions contained herein.
18. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the United Arab Emirates applicable in the Emirate of Dubai.