1.1 creative lab is a creative content community, with an online presence at creativelab.ae and/or twofour54.com/creativelab (the “Website”), established to guide, train, fund, and support creative Arab individuals for innovative projects across TV, radio, film, publishing, digital media, mobile, music, gaming, (3D) animation and the arts.
1.5 creative lab reserves any rights not expressly granted to you in these Terms.
2. WEBSITE ACCESS
2.1 To post any User Content (defined below), apply for funding and interact on the Website, you must register to create an account (“creative lab Account”) and become a “Member”.
2.2 To apply for a creative lab Account, you must be thirteen (13) years old or older.
2.3 During the creative lab Account registration process and throughout your tenure as a Member, you will be required to provide certain information and you will establish a username and a password. You warrant and represent that:
2.3.1 you will at all times provide accurate, current and complete information to creative lab; and
2.3.2 you will update such information to keep it accurate, current and complete. creative lab reserves the right to suspend or terminate your creative lab Account or restrict access to the Website if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
2.4 You are responsible for safeguarding your password for your creative lab Account. You may not disclose your password to any third party and you take sole responsibility for any activities or actions under your creative lab Account, whether or not you have authorized such activities or actions. You will immediately notify creative lab of any breach of password security or unauthorised use of your creative lab Account.
2.5 The Website has an online booking/reservation feature for the use of the creative lab Lab, which is subject to its own terms and conditions (Lab Terms and Conditions).
2.6 creative lab reserves the right, at its sole discretion, to modify, replace, refuse access to, suspend and/or discontinue all aspects and/or any part of the Website, including any portion thereof on a global or individual basis. Any and all changes shall take effect at the time they are posted on the Website and/or directly communicated to you unless otherwise specified.
2.7 While creative lab endeavours to ensure that the Website is normally available 24 hours a day, you hereby acknowledge that creative lab shall not be liable if for any reason the Website is unavailable at any time or for any period or if your access to the Website is suspended or interrupted.
2.8 You are responsible for ensuring that your computer system, mobile telephone or other communication device meets all relevant technical specifications necessary to use the Website.
2.9 creative lab reserves all rights to deny or restrict access to this Website to any person or organisation, or to block access to the Website from a particular Internet address, Internet protocol (IP) address or geographical territory at any time, without ascribing any reasons whatsoever.
3. CREATIVE LAB CONTENT
3.1 “creative lab Content” means, collectively, the text, data, audio content, audiovisual content, footage, graphics, images, illustrations, forms and look and feel attributes, creative lab trademarks and logos, copyrighted material and other content made available through the Website and any Customizations (as defined below), including any technology or code making up any creative lab widget, excluding User Content. “Content” means collectively creative lab Content and User Content excluding User Content owned by you.
3.2 Any downloading, reproduction, republication, extraction, modification, copying, distribution, transmission, display or sale of Content or any other part of the Website without the express written consent of creative labfor any purpose is strictly prohibited.
3.3 No Content or any other part of the Website may be reproduced, republished, extracted, modified, copied, distributed, displayed, stored or otherwise included in any other website or any public or private electronic retrieval system or service without creative lab’s specific prior written permission.
3.4 The Website and Content are protected by copyright, trademark, and other laws of the United Arab Emirates and all other countries. Except as expressly provided in these Terms, creative lab and its licensors (if specified by creative lab) exclusively own all right, title and interest in and to the Website and creative lab Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or creative lab Content.
3.5 If you breach any of the provisions in these Terms, in addition to all other legal remedies available, your permission to use the Website and any licence to use the Content immediately and automatically terminates and you must immediately delete, return or destroy any downloaded or printed extracts of Content from the Website.
3.6 The trade mark and trade name “creative lab” is owned by creative lab. You shall not use or display publicly the “creative lab” trade mark or the name “creative lab” without the prior written consent of creative lab.
3.7 The Website may contain or make reference to trade marks or other proprietary intellectual property rights of creative lab, its partners or of other third parties. No licence 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.
3.8 Subject to your compliance with these Terms, creative lab grants to you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print, where applicable, any creative lab Content solely for your personal and non-commercial purposes, revocable upon notice by creative lab without need to ascribe reasons for doing so. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website or creative lab Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by creative lab or its licensors, except for the licenses and rights expressly granted in these Terms.
4. USER CONTENT
4.1 “User Content” means the, text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by a Member via the Website, including through use of any creative lab widgets.
4.2 By making available any User Content through the Website, you hereby grant to creative lab a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense or assign, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Website. creative labdoes not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
4.3 You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website. Accordingly, you represent and warrant that:
4.3.1 you either are the sole and exclusive owner of all User Content that you make available through the Website or you have all rights, licenses, consents and releases that are necessary to grant to creative lab the rights in such User Content, as contemplated under these Terms;
4.3.2 neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or creative lab's use of the User Content (or any portion thereof) on, through or by means of the Website will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and
4.3.3 you will not use the Website to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. creative lab has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
4.4 The Website contains forums where you can post your comments on other users’ content and enables users to share information by posting events (which for the avoidance of doubt are not vetted, managed, run, endorsed, associated or approved by creative lab) and other content to their profiles. User-to-user messaging is also enabled. Please note that any ideas you post and information you share may be seen and used by other Members and the public, and creative lab cannot guarantee that such viewers will or will not use the ideas and information that you share on the Website. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post to or share it on the Website. creative lab is not responsible for a third party’s misuse or misappropriation of any Content or information you share or post on the Website.
4.5 You agree to defend, indemnify, and hold creative lab, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to creative lab, your access to or use of the Website or creative lab Content, or your violation of these Terms.
4.6 creative lab has no obligation to store, maintain, or provide you a copy of any of its Content or any Content that you post or share on the Website.
5. MEMBERS’ CONDUCT
5.2 creative lab reserves the absolute right:
5.3 You are solely responsible for your interactions (including any disputes) with other Website users. You agree and acknowledge all interactions that you conduct and maintain with other Website users will be professional and relevant to the primary purpose of the Website, which is listed at clause 1.1 above. You further agree and acknowledge that creative lab is not in any way responsible to you for screening any creative lab Account holders, Members, or Website users. You are solely responsible for and will exercise caution, discretion, common sense and good judgment in using the Website and disclosing personal information, including on your profile and through the user-to-user messaging feature, to other creative lab users and Members. You agree that you shall be solely responsible for and shall take reasonable precautions in all interactions with other creative labusers and Members, particularly if:
5.3.1 you decide to meet a Website user offline, or in person; or
5.3.2 you perform services or provide goods to any Website user; or
5.3.3 you receive services or are provided goods from any Website user.
5.4 Your use of the Website and creative lab Content and any other content made available through the Website is at your sole risk and discretion and creative lab hereby disclaims any and all liability to you or any third party relating thereto. creative lab reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms. You will cooperate fully with creative lab to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized creative lab representatives access to any password-protected portions of your creative labAccount.
5.5 You agree and warrant that you will not:
5.5.1 use the communication systems that the Website utilises in an unprofessional manner and/or a manner which is not relevant to the primary purpose of the Website, as listed at clause 1.1 above;
5.5.2 misuse the Website or any communication systems that the Website utilises in any way whatsoever (including, without limitation, by hacking);
5.5.3 use the Website for any purpose that is unlawful in any relevant jurisdiction or is otherwise prohibited by these Terms;
5.5.4 post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other person; (vi) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances); (vii) is the personal information or likeness of another person without that person’s consent; or (viii) is contrary to the social and cultural norms of the United Arab Emirates;
5.5.5 use, display, mirror, frame or utilize framing techniques to enclose the Website, or any individual element or materials within the Website, creative lab’s name, any creative lab trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without creative lab’s express written consent;
5.5.6 access, tamper with, or use non-public areas of the Website, creative lab’s computer systems, or the technical delivery systems of creative lab’s providers;
5.5.7 attempt to probe, scan, or test the vulnerability of any creative lab system or network or breach any security or authentication measures;
5.5.8 avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by creative lab or any of creative lab’s providers or any other third party (including another user) to protect the Website or creative lab Content;
5.5.9 attempt to access or search the Website or creative lab Content or download creative lab Content from the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by creative lab or other generally available third party web browsers (such as but not limited to Microsoft Internet Explorer, Mozilla Firefox, Safari, Google Chrome or Opera);
5.5.10 send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, pyramid schemes or other form of solicitation including via user-to-user messaging;
5.5.11 use any meta tags or other hidden text or metadata utilizing a creative lab trademark, copyright, logo URL or product name without creative lab’s express written consent;
5.5.12 use the Website or creative lab Content for any commercial purpose for the benefit of you or any third party or in any manner not permitted by these Terms;
5.5.13 forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website or creative lab Content to send altered, deceptive or false source-identifying information;
5.5.14 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or creative lab Content;
5.5.15 interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, worm, Trojan horse, or overloading, flooding, spamming, or mail-bombing the Website;
5.5.16 collect Content from the Website using automated means, such as “spiders,” “scrapers,” bots or robots, without prior express permission from creative lab;
5.5.17 collect or store any personally identifiable information from the Website from other users of the Website without their express permission;
5.5.18 use the Website to stalk, track, pursue and/or pester other Members or individuals;5.5.19 impersonate or misrepresent your affiliation with any person or entity; or
5.5.20 encourage or enable any other individual to do any of the foregoing.
5.6 creative lab will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Website security issues, to the fullest extent of the law. creative labmay involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that creative lab has no obligation to monitor your access to or use of the Website or creative labContent or to review or edit any User Content, but has the right to do so for the purpose of operating the Website to ensure your compliance with these Terms, to respond to or mediate disputes involving you and other Website users, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. In order to ensure compliance with the law and with creative lab regulations, creative lab reserves the right to actively monitor all user-to-user messages and user-posted comments. creative lab reserves the right, at any time and without prior notice, to remove, delete or disable access to any creative lab Content, including, any User Content, that creative lab, in its sole discretion, considers to (i) be in violation of these Terms; (ii) infringe the rights of third parties; (iii) violate any law or regulation; (iv) subject creative lab to liability for any reason; (v) adversely affect creative lab’s image or goodwill; or (vi) be otherwise harmful to the Website.
5.7 You agree to defend, indemnify, and hold creative lab, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to creative lab, your access to or use of the Website or creative lab Content, or your violation of these Terms.
5.8 creative lab reserves the right to remove you as a Member of the Website and to restrict your access to the Website where you violate these Terms or misuse the community messaging system in place in the Website.
6. LINKS TO AND FROM OTHER WEBSITES
6.1 The Website may include links to third party websites that are not owned or controlled by creative lab and that are provided solely for your convenience or third party events which for the avoidance of doubt are not vetted, managed, run, endorsed, associated or approved by creative lab. Links to third party websites may be placed on the Website by creative lab or by creative lab Members. If you use these links, you will leave the Website. creative lab is not obliged to review all of these third party websites and is not responsible for these websites, including their content, privacy policies, practices, or availability and the conduct of the proprietors of such websites. 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.
6.2 If you would like to place a link to the Website on another website, you may only do so on the basis that you link to, but do not replicate, web sites and web pages featuring solely Public creative lab Content, and subject to the following conditions:
6.2.1 you do not remove, distort or otherwise alter the size or appearance of the “creative lab” brand or trade mark or any other brand or trade mark owned and/or controlled by creative lab;
6.2.2 you do not create a frame or any other browser or border environment around the Website;
6.2.3 you do not in any way imply that creative lab is endorsing any products or services other than its own;
6.2.4 you do not misrepresent your relationship with creative lab nor present any other false information about creative lab;
6.2.5 you do not otherwise use the “creative lab” brand or trade mark or any other brand or trade marks displayed on the Website without express written permission from creative lab;
6.2.6 you do not otherwise use the whole or any part of the Content without express permission from creative lab;
6.2.7 the other website does not contain content that is distasteful, offensive or controversial or is in any way contrary to the political, cultural or social norms or sensitivities in the United Arab Emirates;
6.2.8 the other website does not infringe any intellectual property rights or other rights of any third party; and
6.2.9 the other website complies with all the laws and regulations of the Media Zone Authority – Abu Dhabi, the Emirate of Abu Dhabi and the Federal laws of the United Arab Emirates as applicable therein.
6.3 creative lab expressly reserves the right to revoke the right granted in clause 6.2 at any time and for any reason and to take any action it deems appropriate.
7. COMMUNICATION FROM YOU TO CREATIVE LAB
7.1 With respect to all communications and submissions you make to creative lab (including its officers, directors, employees, agents and representatives) regarding the Website (or Content on the Website), including but not limited to questions, comments, suggestions and other feedback, ideas, concepts, know-how, techniques, text, photographs, graphics, video or audio in any format, (“Communication”), creative lab will use all reasonable endeavours to act in good faith. You acknowledge and agree that in the absence of written agreement by creative lab to the contrary:
7.1.1 creative lab shall have no obligation to protect your Communication from any disclosure;
7.1.2 creative lab is or may be from time to time investigating other ideas, creations, concepts, businesses and other forms of submission and creative lab may therefore be in discussions with third parties from which creative lab may already have received or may from time to time receive proprietary information that is similar to your Communication, the subject matter of which is not related to or derived from your Communication;
7.1.3 creative lab shall be free to use, disclose, reproduce, modify, adapt, publish, translate, distribute and/or create derivative works from your Communication for the purposes of assessment and evaluation provided that such right is exercised at all times in good faith;
7.1.4 creative lab shall not be obliged to open, review or respond to any Communication; and
7.1.5 You grant to creative lab a perpetual, irrevocable, royalty-free, non-exclusive sub licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your Communication worldwide and/or to incorporate your Communication in other works in any media now known or later developed to the full term of any rights that may exist in your Communication. If you do not wish to grant these rights please do not submit your Communication.
7.2 You warrant and represent that:
7.2.1 all Communication is your own original work or that you have in writing all necessary permissions, licences, assignments, waivers and documentation required to make to allow creative lab to receive and use the Communication as envisaged in these terms;
7.2.2 you have the right to make your communication available to creative lab for all purposes and to grant the rights granted by you under clause 4 and throughout these Terms; and
7.2.3 you are over thirteen (13) years old.
7.3 We welcome and encourage you to provide feedback, comments and suggestions for the Content and the Website (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org or through the ‘Contact’ section of the Website. You acknowledge and agree that all Feedback will be the sole and exclusive property of creative lab and you hereby irrevocably assign to creative lab and agree to irrevocably assign to creative lab all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At creative lab’s request and expense, you will execute documents and take such further acts as creative lab may reasonably request to assist creative lab to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
7.4 creative lab advises you to exercise caution and good judgment when leaving Feedback. Once you complete and submit your Feedback to the Website you will not be able to go back and edit your Feedback. You should also be aware that you could be held legally responsible for damages to someone’s reputation if your Feedback is deemed to be defamatory. Without limiting any other terms of these Terms, creative lab may, but is under no obligation to, monitor or censor Feedback and disclaims any and all liability relating thereto. Notwithstanding the foregoing, creative lab does reserve the right, in its sole discretion, to remove any Feedback that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms.
8.1 The Content, including any e-mail notifications, news updates, and/or notices of events is intended for informational purposes only and does not in any case constitute a legally binding offer.
8.2 creative lab will not be held responsible for misuse of the Website’s messaging system and commenting system.
8.3 While creative lab endeavours to ensure that the Content is correct and current, creative lab makes no express or implied condition, warranty, representation or undertaking as to its accuracy, reliability or completeness. creative lab may make changes to the Content and the products, services and programmes described on the Website, at any time without notice. The Content may be out of date, and creative lab makes no commitment to update such Content.
8.4 The Content is provided ’as is‘, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, creative lab provides you with the Content on the basis that creative lab 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.
8.4 creative lab, 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.
8.5 Without prejudice to the generality of clause 8.4, you agree that in no event shall creative lab be liable for:
8.5.1 Any loss or series of related losses valued in excess of US $100;
8.5.2 any direct, indirect, punitive, exemplary or consequential loss or damages;
8.5.3 any loss of reputation, income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption; and
8.5.4 any loss or damage due to viruses that may infect your computer equipment, software, data or other property 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.
8.6 You fully indemnify creative lab for any loss or damage suffered by creative lab for any breach by you of these Terms.
9.2 These Terms represent the entire understanding and agreement between creative lab 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 creative lab and you 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 creative lab unless it is expressly set out in these Terms.
9.4 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.
9.5 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms at any time.
9.6 These terms may be available in English and Arabic languages. For the avoidance of doubt the English-language version shall at all times take precedence in the event of any discrepancy.
YOU ACKNOWLEDGE AND AGREE THAT, BY CHECKING THE TERMS AND CONDITIONS AGREEMENT BOX, OR BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS THE WEBSITE, BENEFIT FROM THE SERVICES OR USE CREATIVE LAB CONTENT.