Emirates Telecommunications Group Company P.J.S.C.
eUniverse GENERAL TERMS OF USE
Last updated: May 2023

PLEASE READ THIS AGREEMENT, PRIVACY POLICY AND ANY OTHER TERMS REFERENCED BY THIS AGREEMENT CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

These General Terms of Use (“General Terms”), along with any applicable Additional Terms (see Section 3 below) (collectively, “Agreement”) is a legal agreement between Emirates Telecommunications Group Company P.J.S.C. and/or one or more of its affiliates (collectively, “e&”) and You, whether personally or on behalf of an entity (“you”, “your” or “yours”) that governs Your access and use of e&’s euniverse website (etisalat.ae/eanduniverse), platform, customer support, or other interactive areas or services accessible on the foregoing website or platform (collectively, “Services”), including any software and applications that are standalone or part of the Services, including content files (collectively, “Software”).

BY CLICKING TO ACCEPT THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME AS PROVIDED BELOW, YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT WITHOUT MODIFICATION OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN, INCLUDING THE PRIVACY POLICY AND ANY OTHER ADDITIONAL TERMS AND CONDITIONS OR DOCUMENTS THAT MAY BE POSTED ON THE SERVICES FROM TIME TO TIME WHICH ARE HEREBY EXPRESSLY INCORPORATED HEREIN BY REFERENCE. YOU REPRESENT THAT YOU ARE LAWFULLY ABLE AND HAVE FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT (E.G. ARE COMPETENT AND OF LEGAL AGE AND HAVE FULL LEGAL AUTHORITY TO BIND THE ENTITY OR COMPANY YOU REPRESENT). THIS AGREEMENT IS EFFECTIVE AS OF THE DATE OF YOUR ACCEPTANCE. IF YOU DO NOT AGREE WITH THIS AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND SOFTWARE AND YOU MUST DISCONTINUE USE IMMEDIATELY. THESE TERMS STATE THAT ANY DISPUTES BETWEEN YOU AND E& MUST BE RESOLVED IN ARBITRATION.

The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject e& to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

PRIVACY AND DATA SECURITY: e& cares about data privacy and security. Please review e&’s Privacy Policy. The Privacy Policy describes how e& uses, collects and shares information, including personal information, provided by You or third parties in connection with the Services. By clicking “Accept” and using the Services, You agree to be bound by the Privacy Policy, which is incorporated into this Agreement. .

If You choose to use Third Party Services (defined in Section 8) in connection with the Services, do so with care. e& is not responsible for how Third Parties collect, access, use, or disclose Your personal information. You should only use trusted Third Party Services and check all third party privacy policies.

1. RESERVATION OF RIGHTS AND OWNERSHIP. e& and its affiliates, suppliers, service providers and licensors own the title, copyright, and other intellectual property rights in the Services (and all rights embodied therein) and reserve all rights not expressly granted to You in this Agreement. The Services are protected by copyright and other intellectual property laws and treaties. You acknowledge that your use of the Software or Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software or Services, including but not limited to (where applicable) any Digital Media or User Content.  The Services may contain third-party software that is subject to open source or third-party license terms (“Third-Party Terms”). Your use of the Services is subject to any Third-Party Terms included with the Services. In the event of a conflict between this Agreement and any Third-Party Terms, this Agreement will govern. e&, the e& logo and other e& product and service names referenced in the Services (including “e& universe”) are the trademarks of e& and its affiliates. Any other company names, product names, service names and logos referenced in connection with the Services may be the trademarks of their respective owners. Any open source software is provided to You on an “AS IS” basis to the maximum extent permitted by applicable law.

2. CONDITION OF USE. You agree only to use the Services: (i) if you are at least eighteen (18) years of age; (ii) if you have not previously been suspended or removed from the Site; and (iii) in a manner that is consistent with this Agreement. You may not perform any act that falls under, or is likely to fall under, any of the following in relation to the Services (including when you upload, post, transmit, transfer, distribute or facilitate distribution of any User Content):

a) Any act that is illegal or otherwise violates applicable law, or any other act that violates rules that are generally observed on the internet, including but not limited to illegal sexual content, illegal drugs, software piracy, bullying and harassment.

b) Any act that causes disadvantage, inconvenience, discomfort, or damage to e& or a third party.

c) Any act that re-provides the Services to a third party without the permission of e&, regardless of whether it is done for a fee or free of charge.

d) Any act that threatens, stalks, degrades, victimizes, intimidates, slanders, harasses, bullies defames e& or a third party or that damages the honor, trust, privacy, and other moral interests of e& or a third party, or an act that infringes upon human rights or endorses, invites, cooperates with, encourages, or incites infringement on human rights, including by verbal abuse, graphic or written statements, threats, physical assault or other conduct.

e) Any act that infringes upon the intellectual property rights, etc., of e& or a third party.

f) Any act that deceives, misleads, defrauds, phishes, or commits or attempts to commit identity theft.

g) Any act that harms or disrupts, or intends to harm or disrupt, another user's computer or e&’s systems or would allow You or others to illegally access software or bypass security on websites or servers, including but not limited to, spamming or attempts to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures such as by using viruses, spyware or malware, worms, trojan horses, time bombs or any other such malicious codes or instructions.

h)  Any act that accesses, tampers with or uses non-public areas of any service, computer system or any e& website, or causes damage to e&’s or its affiliates’ respective business, reputation, employees, facilities, or to any person.

i) Any act that attempts to access, search, or extract data from any service or any e& website with any engine, software, tool, agent, robot, spider, scraper, device or mechanism other than the Software or search agents provided by e& or other generally available third party web browsers.

j) Any act that uses or attempts to use any artificial intelligence-driven engine, software, tool or device in order to access the Services or seek unfair advantage over e& or any other user of the Services.

j) Any act that “frames” any e& service or any e& website or otherwise makes it look as if You have a relationship with e& or that e& has endorsed You for any purpose.

k) Any act that attempts to impersonate an e& employee, agent, manager, host, administrator, moderator, another user or any other person through any means.

l) Any act of wrongfully using or stealing an ID or password, or an act of using the Services by impersonating another.

m) Any act of gathering, duplicating, altering, or deleting the information of a third party that can be accessed from the Services in excess of the manner of use anticipated by the Services.

n) Any act that invades any person’s privacy by or attempting to, wrongfully harvest, survey, gather, use, disclose, or provide private or personal information without the knowledge and clear and willing consent of the information’s owner. This includes, but is not limited to, password, account information, name, email address, home address, credit card number and phone number.

o) Any act that is designed to solicit, or collect personally identifiable information of any minor (anyone under 18 years old), including, but not limited to the information described in the preceding paragraph or the name of their school.

p) Any act which could impose a significant burden (as determined by e&) on the infrastructure of the Software or Services (or any other e& services), such as excessively high volume data transfers or bandwidth consumption, excessively high storage, hosting of a web server, internet relay chat server, or any other server, and non-traditional end user activities.

q) Any act of disintegrating, disassembling, decompiling, or reverse engineering a program or application included in the Services, or an act of deciphering a source code by any other method.

r) Any act that deletes, tampers with or revises any information, material or content posted by any other person or entity.

s) Any act of degrading, intimidating, incite violence against, or encourage prejudicial action against someone or a group based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category or that otherwise incites, advocates, or expresses pornography, obscenity, vulgarity, profanity or hatred.

t) Any act that intends to or otherwise results in the exploitation or harm of children.

u) Any upload, download, transmit, display, or grant access to content that includes graphic depictions of sexuality or violence.

v) Any act of using the Services for a purpose that differs from the Services’ purpose of use, or an act of using any Digital Media or User Content in excess of the manner of use anticipated by the Services (including such acts as duplicating, sending, posting, and alteration).

w) Any other act that e& deems reasonably inappropriate.

e& reserves the right, in e&’s sole discretion and without limitation or liability to: (1) monitor the Services for violations of this Agreement; (2) take appropriate legal action against anyone who, in e&’s sole discretion, violates the law or this Agreement, including without limitation, reporting such user to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your User Content or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to e&’s systems without notice; and (5) otherwise manage the Services in a manner designed to protect e&’s rights and property and to facilitate the proper functioning of the Services.

You may use the Services if and when they are available, provided that You complete any steps required to use the Services (such as logging in with an Account). e& does not guarantee availability of any Service or any particular feature. A particular Service or feature may be a pre-release version and may not work correctly or in the way a final version might work. e& may significantly change the final version at any time or decide not to release it. e& may provide patches, updates, or upgrades to the Software that must be installed in order for you to continue to use the Software or Services. e& may update the Software remotely without notifying you, and you hereby consent to e& applying patches, updates, and upgrades. To the maximum extent authorized under applicable law, e& reserves the right to change, remove, delete, restrict or block access to, or stop providing all or any part of the Services or features (including reducing available storage capacity) at any time without notice.

e& does not intend for You to provide e& comments or other feedback, suggestions or recommendations for improving e& products and services (“Feedback”). If You provide Feedback and even if You designate Feedback as confidential, You authorize e& and its designees to use, disclose, reproduce, license, and otherwise distribute and exploit Feedback as e& sees fit without obligation (including payment) or restriction of any kind on account of intellectual property rights or otherwise.

3. ADDITIONAL TERMS. The Services and Software are licensed, not sold, to You, and may also be subject to one or more of the additional terms (“Additional Terms”). If there is any conflict between the terms in the General Terms and the Additional Terms, then the Additional Terms govern solely in relation to the Service or Software that is subject to the Additional Terms. The Additional Terms are subject to change as described in Section 7 (Changes to the Services, E& Digital Media and User Content) below.

4. DIGITAL MEDIA AND NFTS. The Services will provide you with the opportunity to acquire licenses to virtual items (including media and art), virtual environments or other content made available for you to access through or in connection with the Software (“e& Digital Media”).  You may only use e& Digital Media if you pay the associated fee (if any) in fiat currency. When you pay the fee to obtain such e& Digital Media, you are obtaining or purchasing from e& a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to access, use and display such e& Digital Media on e& universe for so long as Your Account is active. Regardless of any references e& may make outside this Agreement to purchasing or selling e& Digital Media, such e& Digital Media is licensed, not sold, to you.

e& Digital Media is not redeemable for money or monetary value from e& or any other person, except as otherwise required by applicable law. Neither e& nor any other person or entity has any obligation to exchange e& Digital Media for anything of value, including, but not limited to, real currency. You agree that e& may engage in actions that may impact the perceived value or purchase price, if applicable, of e& Digital Media at any time, except as prohibited by applicable law.

All purchases of e& Digital Media are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law. e&, in its sole discretion, may impose limits on the amount of e& Digital Media that may be purchased, earned, accumulated, redeemed or otherwise used.

You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent e& Digital Media except within the Software and as expressly permitted by e&.  Except as otherwise prohibited by applicable law, e& and/or its applicable licensors reserves and retains all rights, title, and interest, property or otherwise, in and to the e& Digital Media. The license to e& Digital Media under this Agreement will terminate upon termination of this Agreement and as otherwise provided herein.

e& Digital Media may be represented as a non-fungible token (“NFT”) which is linked with such e& Digital Media and is available for purchase using the Services. Where e& Digital Media is not already represented as an NFT, you may create (or ‘mint’) an NFT linked with the e& Digital Media on the Polygon (Matic) blockchain or such other blockchain as we may determine from time to time.  When you purchase or mint an NFT in this manner, you may export the minted NFT to MetaMask or Wallet Connect (each of which are Third Party Services for the purposes of this Agreement), following which you will own the NFT that is associated with the relevant e& Digital Media but you will not own any intellectual property rights in the e& Digital Media except for the license grants expressly set forth herein. For clarity, e& has no obligation or liability to you for keeping, storing, or helping you recover any e& Digital Media associated with the NFTs that you purchase or mint.

When you provide payment information to e& or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you, and you authorize e& to charge such payment method for the full amount of the transaction.

5. CONTENT. “User Content” means any text, information, or material, such as NFTS, virtual items (including media and art), audio files, video files, electronic documents, or images, that You upload to or post using the Services. You are responsible for any of Your User Content and to ensure that You have the ownership rights (copyright) or appropriate license rights to post User Content or any other information using the Services. You agree that User Content uploaded or posted by You shall be accurate, lawful, and not in violation of the rights, including intellectual property rights, of third parties. It is our policy, in appropriate circumstances and in our discretion, to disable and/or terminate Your account, if You infringe or repeatedly infringe the rights of others or otherwise upload or post unlawful User Content.

When You upload or post User Content, You continue to own or license (as applicable) the rights to Your Content. You grant e& a worldwide, royalty-free, perpetual, irrevocable, nonexclusive, transferable, and sublicensable license and right to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display that User Content and information, audio, video, images, or 3D models for the purpose of providing the Services. You also agree that e& may remove metadata associated with the information or data You create in connection with or through Your use of the Services.

You will not upload, post, transmit, transfer, distribute or facilitate distribution of any Content or otherwise use the Services in a way that:

• depicts nudity of any sort including full or partial human nudity or nudity in non-human forms such as cartoons, fantasy art or manga;
• misrepresents the source of anything You post or upload, including impersonation of another individual or entity or sends any altered, deceptive or false source-identifying information;
• provides or creates links to external sites that violate this Agreement;
• includes content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless You own or control such rights or have obtained necessary consents and releases;
• sends or attempts to send unsolicited messages, including promotions or advertisements for products or services, "spam," "chain mail" or "junk mail";

You will not use any form of automated device or computer program that enables the submission of posts without the express written consent of e&.

6. ACCOUNT.

a) To access and use the Services, You will be required to create an account (“Account”). To create an account, e& or our applicable service provider will require You to provide certain information about Yourself and e& may, in its sole discretion, require You to provide further information and/or documents at any stage during Your use of the Services. e& or our applicable service provider may, in its sole discretion, refuse, decline, suspend or disable Your access or use of the Services.

b) You must provide accurate and complete registration information when You create an Account for the Services. By creating an Account, You agree to provide accurate, current and complete account information about Yourself, and to maintain and promptly update as necessary Your Account information.

c) You are solely responsible for the security of Your Account. You agree to undertake to maintain at all times adequate security and control of all of Your Account details, passwords, personal identification numbers or any other codes that You use to access the Services. You must ensure that Account registered under Your name will not be used by any other person. You agree that we may attribute all use of Your Account to You and that You are responsible for all activities that occur under Your Account, including any purchases made using Your Account. In case of any breach of security, loss, theft or unauthorized use of Your username, password or security information, You may contact e& for Account support at care@etisalat.ae.

d) e& or our service providers on our behalf reserves the right to terminate, suspend or restrict Your access to any Account(s) if there is reasonable suspicion that the person logged into Your account(s) is not You or if we suspect that the Account(s) have been or will be used for any illegal, fraudulent, or unauthorized purposes. Under no circumstances shall e&, our applicable service providers or indemnified persons in accordance with this Agreement be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by You or any other person or entity due to any such termination, suspension or restriction of access to any Account(s).

7. CHANGES TO THE SERVICES, E& DIGITAL MEDIA AND USER CONTENT.  Except as otherwise prohibited by applicable law, e& in its sole discretion, has the absolute right to manage, modify,  change, update, amend, remove, substitute, replace, suspend, cancel, eliminate  or discontinue any part of the Services , e& Digital Media and/or Your User Content, including your ability to access, use or display e& Digital Media or User Content, at any time without prior notice or liability to You. e& may make changes to this Agreement from time to time by posting the amended agreement on its website or by providing you with digital access to the amended version of this Agreement when you next access the Services. You should look at this Agreement regularly.

Unless otherwise noted, the amended Agreement will be effective immediately, and Your continued use of the Services will confirm Your acceptance of the changes. If You do not agree to the amended Agreement, You must stop using Services (including the Software).

8. THIRD-PARTY RELATIONSHIPS. The Services may include, make available, or contain links to, or advertisements for, third-party websites, resources, content, products or services (“Third-Party Services”). You acknowledge and agree that such Third-Party Services are not under e&’s control and that e& is not responsible or liable for: (i) the availability or accuracy of such Third-Party Services; or (ii) the content, products, or services on or available from such Third-Party Services. Links to or advertisements for any Third Party Services do not imply any endorsement by e& of such Third-Party Services, nor any association of e& with any such third parties. You acknowledge sole responsibility for and assume all risk arising from Your use of any such Third-Party Services. Your relationship with respect to Third-Party Services is with the third party, and not with e&. You understand that using the Services could subject you to third-party fees, privacy policies, terms of use and other terms and conditions that apply to any Third-Party Services and you agree to pay all those fees and to review and follow those policies and terms of use. Any claims You might have with respect to Third-Party Services are against such third party and not against e&.

9. TERMINATION. This Agreement will automatically terminate: (i) upon Your breach of any of the terms and conditions of this Agreement. (ii) upon deletion or cancellation of your Account; and/or (iii) where e& determines to stop providing all of the Services in accordance with Section 2. You may also terminate Your Account upon request. If You need assistance with account termination, contact e& and submit a request for assistance to care@etisalat.ae. e& reserves the right to terminate this Agreement, or suspend or terminate Your Account at any time, with or without prior notice.

You shall periodically log in at Your Account to keep Your account active. You acknowledge that e& might delete or cancel Your Account if Your Account is in inactive state for a long period of time, provided that e& has proactively notified You to log in by appropriate and reasonable method, and You do not login to Your Account within a reasonable period after receiving e&’s notification.

YOU ACKNOWLEDGE AND AGREE THAT DELETION OR CANCELLATION OF YOUR ACCOUNT AND TERMINATION OF THIS AGREEMENT WILL PERMANENTLY TERMINATE YOUR ACCESS TO, AND E& MAY (BUT IS NOT OBLIGATED TO) DELETE, ALL INFORMATION, FILES, COMMUNICATIONS, MESSAGES, PREFERENCES, AND CONTENT (INCLUDING E& DIGITAL MEDIA, CONTENT, USER CONTENT, AND THIRD PARTY MATERIALS) STORED ON OUR OR OUR SERVICE PROVIDERS’ SERVERS ASSOCIATED WITH YOUR ACCOUNT AND WHICH WILL RESULT IN YOUR IMMEDIATE AND PERMANENT FORFEITURE OF ANY E& DIGITAL MEDIA OR NFTS THAT HAVE NOT BEEN EXPORTED TO A THIRD PARTY CRYPTOCURRENCY WALLET, COUPONS, ACCESS PASSES, VOUCHERS, CREDITS, OR ANYTHING THAT MAY BE OF VALUE DIRECTLY OR INDIRECTLY ASSOCIATED WITH YOUR ACCOUNT, IF ANY, WHETHER PURCHASED OR NOT. Neither e& nor its licensors or service providers will be liable to You for any termination or suspension of Your Account or access to the Services. Sections 4, 5 and 8 through 20 of this Agreement will survive termination.

10. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. E& AND ITS SUPPLIERS, SERVICE PROVIDERS AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, E&, ITS SUPPLIERS, SERVICE PROVIDERS AND LICENSORS MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS OR WILL WORK WITH ANY THIRD-PARTY PLATFORM OR THIRD-PARTY SERVICES; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) OR ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) OR THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. ALL E& DIGITAL MEDIA, CONTENT AND OTHER MATERIAL YOU DOWNLOAD OR OBTAIN THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. USE OF SERVICES MAY AFFECT THIRD-PARTY PLATFORM, DEVICES OR SERVICES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THIS AGREEMENT BUT E&’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH AND TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION.

11. DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT WILL E& OR ANY OF ITS SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE SERVICES, EVEN IF E& OR ANY SUPPLIER, SERVICE PROVIDERS OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 11 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 11 MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 11, E&’S AND ITS SUPPLIERS’, SERVICE PROVIDERS’ AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE SERVICES WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SERVICES UP TO FIVE DOLLARS (U.S. $5.00).

THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT, THE SERVICES, E& DIGITAL MEDIA, USER CONTENT, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. EXCEPT FOR THE EXCLUSIVE REMEDY IN THE FOLLOWING SENTENCE, THESE ACTUAL MONEY DAMAGES WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 12 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 12 MAY NOT APPLY TO YOU.

13. INDEMNIFICATION. You will defend, indemnify, and hold e&, its directors, officers, employees, agents, partners, suppliers, service providers and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) any User Content submitted, posted, transmitted, originating from, or otherwise made available under Your Account; (b) Your unauthorized use of the Services; (c) any violation by You of this Agreement; or (d) Your violation of any another party’s rights or applicable law.

14. GOVERNING LAW AND JURISDICTION FOR RESOLVING DISPUTES. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. This Agreement is governed and construed by the laws of the United Arab Emirates. Subject to Section 15, which provides that disputes are to be resolved through binding arbitration, to the extent that any lawsuit or court proceeding is permitted hereunder, You irrevocably agree to the exclusive jurisdiction and venue of the courts in the United Arab Emirates

15. DISPUTE RESOLUTION BY BINDING ARBITRATION.  In the interest of resolving disputes between You and e& arising from or related to this Agreement or the use or performance of the Services (“Dispute”) in the most expedient and cost effective manner, You and e& agree to resolve such Disputes through binding arbitration instead of in courts of general jurisdiction (“Agreement to Arbitrate”).  Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.  Arbitrators can award the same damages and relief that a court can award.  Any arbitration or litigation under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.  You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s).  Any relief awarded cannot affect other users.

You and e& agree that each party will notify the other party in writing of any arbitrable Dispute not less than thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to e& shall be sent to ‘Etisalat Customer Care, Head Office Marketing Department, P.O.Box 3838, Abu Dhabi, UAE’. If You and e& cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either You or e& may, as appropriate and in accordance with this Agreement, commence an arbitration proceeding.

You and e& agree that any Dispute must be commenced or filed by You or e& within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that You and e& will no longer have the right to assert such claim regarding the Dispute). You and e& agree that the arbitration shall be according to the DIAC Arbitration Rules, except insofar as those rules would be inconsistent with any part of this Agreement, including without limitation the Agreement to Arbitrate. The arbitration shall be held in Dubai, the United Arab Emirates and the courts located in Dubai International Arbitration Centre, the United Arab Emirates, shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. The arbitration shall be conducted by one or more arbitrator(s) appointed in default of agreement between the parties by Dubai International Arbitration Centre (DIAC).

16. LEGAL EFFECT. This Agreement does not change Your rights under the laws of the country in which You reside if the laws of Your country do not permit it to legally change Your rights. You may have rights under the laws of the country in which You reside that are in addition to, or different from, the rights set forth in this Agreement.

17. COMPLIANCE WITH LAW. You will comply with all national and international laws, rules and regulations that apply to the Services and Your use of the Services, as well as end-user, end-use, and destination restrictions issued by any governments responsible for administering such laws, rules and regulations.

18. GENERAL. The section titles in this Agreement are used solely for the parties’ convenience and have no legal or contractual significance. e&’s failure to act with respect to a breach by You does not waive its rights to act with respect to subsequent or similar breaches. No waiver of any provision of this Agreement will be effective unless it is in a signed writing, and no waiver will constitute a waiver of any other provision(s) or of the same provision on another occasion. If a court of competent jurisdiction holds any term, covenant or restriction of this Agreement to be illegal, invalid or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect and will in no way be affected, impaired or invalidated. You may not assign,  transfer, charge or sublicense or subcontract all or any of Your rights or obligations under this Agreement, and any attempt to do so without the express written consent of e& will be null and void. This Agreement will be binding upon all of e&’s successors and assigns.

19. ENTIRE AGREEMENT. This Agreement, and any Additional Terms, comprise the entire agreement for the Services. Internet-based services and support services (if any) may be subject to additional terms.

20. CONTACT INFORMATION. If You have any questions about this Agreement or the Services, please contact us at: care@etisalat.ae