Terms of Use

Welcome to ImageNation’s website for Sea Shadow (the “Website”). ImageNation is a Free Zone Limited Liability Company established in accordance with the laws of the Emirate of Abu Dhabi and registered with the Media Zone Authority, Abu Dhabi, with Company Registration Number 2.

Please read and review these Terms of Use carefully before accessing or using the Website. By accessing or using the Website, you acknowledge that you have read, understood and agree to the Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Website and must cease using the Website immediately.

We recommend that you print and store or save a copy of these Terms of Use for future reference.

1. CONTENT

   ImageNation will use reasonable efforts to include accurate and up-to-date information on the Website. However, by accessing or linking to the Website, you assume the risk that the Website and the content it contains, or may in the future contain, may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

   ImageNation assumes no obligation to update the content.

2. CHANGES TO THESE TERMS OF USE

   ImageNation reserves the right, at our complete discretion, to modify these Terms of Use at any time and such modification shall become effective by posting the modified terms on the Website. It is your responsibility to check periodically for any modifications we may make to these Terms of Use. Your continued use of the Website will be deemed acceptance of the modified Terms of Use or any other policies of ImageNation, which are relevant to the use of the Website. If you do not agree to the modified Terms of Use you may not access or use the Website and must cease using the Website immediately.

3. THIRD-PARTY WEBSITES AND LINKS

   The Website may contain links or references to other websites maintained by third parties over whom ImageNation has no control. ImageNation is not responsible for the privacy practices or content of those sites. Similarly, the Website may be accessed from third-party links over which ImageNation has no control. ImageNation makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third-party link does not imply an endorsement or recommendation by ImageNation.

4. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

   The Website is controlled and operated by ImageNation. All material on the Website, including, but not limited to, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by ImageNation, its related companies or by other parties that have licensed their material to ImageNation.

   Material on the Website is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, exchanged, modified, uploaded, posted, transmitted, stored or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of ImageNation. Use of the material on any other website or networked computer environment, or use of the material for any purpose other than personal, non-commercial use is a violation of ImageNation copyrights, trademarks and other proprietary rights, and is prohibited

   Use of material in contravention of this Clause may result in civil or criminal liability.

5. CONTRIBUTIONS TO IMAGE NATION

   5.1. Unacceptable Content

   The Website may contain discussion forums, bulletin boards, video and photograph boards, review services or other forums in which you or third parties may post contributions, both current and historical, including reviews, messages, materials or other items on the Website ("Interactive Areas"). Where ImageNation provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and may only use them at your own risk.

   By using any Interactive Areas, you expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:

   1. Any message, data, information, text, music, sound, photographs, videos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, racist or otherwise objectionable;
   2. Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
   3. Content that contravenes the laws of the United Arab Emirates by:
      • abusing an Islamic holy shrine or ritual, including (without limitation) where such shrine or ritual is protected under the Islamic Sharia (religious) law; and
      • defaming any of the divine religions, including an act or theme which is blasphemous and/or defamatory to Arabs or any Muslims as an individual or a group or to any Arab or Muslim head of state, royal family and/or national symbol (for example the flag);
   4. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
   5. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
   6. Content that involves unsolicited promotions, political campaigning, advertising or solicitations, including Content that involves the transmission of junk mail, chain letters or unsolicited mass mailing, instant messaging, spinning or spamming or provides links to other websites or webpages;
   7. Content that includes the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
   8. Content that includes viruses, corrupted data or other harmful, disruptive or destructive files;
   9. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
   10. Content that breaches these Terms of Use or ImageNation’s Privacy Policy; or
   11. Content that, in the sole judgment of ImageNation, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose ImageNation or its affiliates or its users to any harm or liability of any type.

   Although ImageNation has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, ImageNation reserves the right, and has absolute discretion, to remove, screen or edit, without notice, any Content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Website at your sole cost and expense.

   Any use of the Interactive Areas or other portions of the Website in violation of the foregoing terms violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.

   In order to:

   1. Cooperate with legitimate governmental requests, order of a court of competent jurisdiction or pursuant to any written law;
   2. To protect ImageNation’s systems and customers; or
   3. To ensure the integrity and operation of ImageNation’s business and systems,

   ImageNation may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addresses and traffic information, usage history, and posted Content. ImageNation's right to disclose any such information shall govern over any terms of ImageNation 's Privacy Policy.

   5.2. Right to Use

   By posting or distributing Content to or through the Website, unless we indicate otherwise, you

   1. Grant ImageNation, ImageNation’s parent company Abu Dhabi Media Company and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised;
   2. Grant ImageNation and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and
   3. Represent and warrant that
      • You own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Website;
      • Such Content is accurate and not misleading; and
      • Use and posting or other transmission of such Content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity; and

   You further grant ImageNation the right to pursue at law any person or entity that violates your or ImageNation 's rights in the Content by a breach of these Terms of Use.

   Content submitted by users will be considered non-confidential and ImageNation is under no obligation to treat such Content as proprietary information.

   Without limiting the foregoing, ImageNation reserves the right to use the Content as it deems appropriate.

   ImageNation is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to ImageNation. ImageNation shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

   If it is determined that you retain any moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by ImageNation, its parent company Abu Dhabi Media Company or its licensees, successors and assigns; (c) 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 Content; and (d) you forever release ImageNation, its parent company Abu Dhabi Media Company and its licensees, successors and assigns, from any claims that you could otherwise assert against ImageNation by virtue of any such moral rights.

6. DISCLAIMERS

   6.1. Website and Terms of Use

   The Website and the information and materials on the Website are provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, quality, fitness for a particular purpose, or non-infringement.

   The information contained herein may contain inaccuracies and typographical errors. ImageNation makes no warranties or representations, express or implied, as to the accuracy, completeness or reliability of any facts, advice, opinions, views, statements, recommendations or other information displayed on or distributed through the Website. You acknowledge that any reliance upon any such facts, advice, opinions, views, statements, recommendations, or other information is at your sole risk.

   ImageNation makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Website. The Website may be temporarily unavailable due to maintenance or malfunction of computer equipment. ImageNation does not warrant that the Website will be uninterrupted or error-free, that defects in the Website will be corrected, or that the Website or the servers that make the website available are free from viruses or other harmful components.

7. LIMITATIONS OF LIABILITY

   Under no circumstances, including, but not limited to, negligence, shall ImageNation or its parent company Abu Dhabi Media Company be liable to you for damages of any kind whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, indirect, incidental, special, punitive, exemplary or consequential damages resulting from or in connection with:

   1. The Website or the information it contains or any errors or omissions in the technical operation of the Website, even if ImageNation has been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of, or unauthorized access to, the website;
   2. Any delay or partial or total failure by ImageNation to perform any of its obligations to you under these Terms of Use or the ImageNation’s Privacy Policy;
   3. Any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area;
   4. Any Content posted, stored or uploaded by you or any third party, nor for any loss or damage thereto; any
   5. Any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity, violations of law (including the laws of the United Arab Emirates) you may encounter on the Website.

8. INDEMNITY

   You shall indemnify and hold ImageNation and its parent company Abu Dhabi Media Company and its affiliates and each entity’s directors, officers and employees harmless in respect of any claim, loss, liability, damage or expense (including reasonable legal fees and expenses) arising out of or in connection with:

   1. Aany claim that the Content infringes the intellectual property rights of a third party;
   2. Any breach of any warranty, representation or obligation in or arising out of these Terms of Use; and
   3. Your use of the Website in violation of these Terms of Use; and
   4. Arising from your use or conduct on the Website.

9. PRIVACY

   ImageNation respects the privacy of its Website users. Please refer to ImageNation’s Privacy Policy [link to the Policy to be inserted here], which discloses the privacy practices with respect to information that you may disclose or may otherwise be collected on the Website. Any changes to ImageNation’s Privacy Policy will be handled in accordance with the terms set forth therein

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10. GOVERNING LAWS

    This Terms of Use shall be governed by and construed in accordance with the laws of the United Arab Emirates and the parties agree that any legal actions, proceedings or disputes related to use of the Website and these Terms of Use shall be submitted to the exclusive jurisdiction of the Courts of Abu Dhabi, United Arab Emirates.

11. MISCELLANEOUS

    If any provision of these Terms of Use is held to be unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.