This is a community web portal (website) owned by Emaar Community Management LLC (ECM), the content of which is restricted and uploaded by us or any others authorised by us. Only community members (homeowners and tenants) and ECM users are entitled to operate and use it.
By accessing and using the website, you are accepting these terms of use and agreeing to abide by them.
If you do not agree to these terms of use, you are not permitted to use the website. In addition, if you access the website or use it inappropriately, action may be taken against you.
Proprietary rights
ECM is the owner or the licensee of all intellectual property rights regarding the website; it is a collective work and / or compilation solely owned by us. The website is protected by copyright laws and treaties around the world.
You may not copy, distribute, reproduce, sell, lease, assign, rent, sublicense or encumber any aspect of the website or its content (as defined below in the clause pertaining to ‘Content’).
You may not modify or create derivative works of any aspect of the website or its content (as defined below in the clause pertaining to ‘Content’).
You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the website or any software or database connected to it. By doing so, you will be infringing copyright and privacy laws that may be punishable.
Content
‘Content’ refers to any listing, forums, event listings, reviews, postings, messages, text, files, images, photos or any other material posted on the website.
By posting content on the website:
you grant ECM the non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, copy, reproduce, distribute, perform, display, modify or create derivative works of the content perpetually and for any lawful purpose ECM sees fit.
you waive all rights, moral or otherwise, with regard to any content
you permit any other user of the website to access, display, view, store and reproduce such content
you grant ECM the right to prohibit the subsequent access, storage and reproduction or use of said content by any party to any extent ECM deems fit.
Links to third party sites
Where the website contains links to other sites and resources provided by third parties, they are provided for information purposes only.
We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them
Privacy Policy
We respect your privacy and have developed a detailed Privacy Policy that is incorporated into this agreement. Please take the time to read it. By agreeing to these terms of use, you are also accepting the terms of our Privacy Policy
Access and linking to the website
Your access to the website is provided on a non-exclusive, temporary and revocable basis by ECM, and we reserve the right to withdraw or amend your right to access to it without notice
We will not be liable for any reason if the website is unavailable at any time or for any period
You may not:
use any robot spider, scraper or other automated means to access ECM or the website to collect content for any purpose or otherwise copy or download content. A limited exception is granted to search engines and non-commercial public archives, but not for websites that include any form of classified listings
harvest or otherwise collect information about others, including email addresses, without their consent
You may establish a hyperlink on your website to our website, or to postings within it, for non-commercial use, so long as you do so in a way that is fair and legal and does not damage or take advantage of ECM’s reputation (or of any person connected to the company)
You must not establish a hyperlink in a misleading way or to suggest any form of association, approval or endorsement of ECM or any other third party where none exists
The website must not be framed on any other website
We reserve the right to withdraw or amend the above linking permission without advance notice.
The website from which you are linking must comply in all respects with the content standards set out in these terms of use
You may not use automated means to post content on the website (via the web interface) without our explicit consent
You may not maintain more than one account
If we disable your account, you may not create another one without our permission
Limitations on your usage of the website
We may establish limitations, at our sole discretion, on your usage of the website, including, but not limited to, limitations on the length of time any content may remain on the website, the file size of an individual item of content, the number of items of content that can be posted or the contents in its entirety
Disclaimer of warranties
You use the website at your own risk
The use of the website is provided without warranty and is provided on an ‘as is’ and ‘as available’ basis
ECM hereby disclaims any representations or warranties of any kind, whether oral or written, whether expressed, implied or arising by statute, custom, course or dealing or trade usage, with respect to the website or any services provided therein. Notwithstanding the generality of the foregoing, we specifically disclaim the following with respect to the website:
implied warranties or conditions of title, merchantability, fitness for a particular purpose, or non-infringement of any service or good acquired by you from a third party
the accuracy, timeliness, security and performance of the website
freedom from any errors or viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful
Limitation of liabilities
To the maximum extent permitted by applicable law, we hereby expressly exclude any liability for any damages whatsoever, including, without limitation, direct, indirect, special, punitive, incidental or consequential loss or damage incurred by any user in connection with the website or in connection with the use, inability to use, or results of the use of it, any websites linked to it and any materials posted on it, including, without limitation, any liability for loss of the following caused by tort (including negligence), breach of contract or otherwise, even if foreseeable:
income or revenue
business
profits
contracts
anticipated savings
data
goodwill
wasted management or office time
any other loss or damage of any kind
In particular, we are not liable for any damage or losses resulting to you or a third party from:
the use, or the inability to use, the website
the unavailability of the website for whatever reason
services or goods acquired through the website
any content displayed on the website
a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the website or to your downloading of any material posted on it, or any website linked to it
Violations of terms of use
Please notify us if you become aware of any violations by third parties of these terms of use
Indemnity
You agree to indemnify, defend and hold harmless, ECM, its shareholders, officers, directors, employees and agents from any claims, actions, demands, damage, losses or attorney fees alleging or resulting from your use or misuse of the website or any content, your breach of these terms of use, your violation of any third party’s proprietary rights, or any disputes between you and one or more users connected to or arising from the website in any way
Enforcement of terms of use
We reserve the right to take steps we believe are reasonable and necessary or appropriate to enforce and / or verify compliance with any of these terms of use (including, but not limited to, our right to co-operate with any legal process relating to your use of it, and / or a third party claim that your use of it is unlawful and / or infringes that third party’s rights)
You agree that we have the right, without liability to you, to disclose any registration data and / or account information to law enforcement authorities, government officials and / or third parties, as we believe reasonably necessary or appropriate to enforce and / or verify compliance with any of these terms of use (including, but not limited to, our right to co-operate with any legal process relating to your use of the website, and / or a third party claim that your use of the website is unlawful and / or infringes upon that third party’s rights)
Termination of access to the website
We reserve the right to block or stop you from accessing the website for any breach of these terms of use at any time, without notice
We reserve the right to delete any of your content from the website at any time
We are not liable to you or a third party for any termination of your access to the website or deletion of your posted content
You agree to avoid attempting to use the website after termination
General
You agree that the fact that these terms of use are in electronic format does not affect in any way their validity or enforceability
These terms of use (together with any Pre-paid Listing Account Booking Form) constitute the entire agreement between you and ECM regarding its subject matter and supersede any contemporaneous or prior oral or written agreements, representations, understandings or discussions between you and us, whether implied or express
ECM’s delay or failure to exercise a right or act on a breach of these terms of use does not waive our right to do so in the future
The provisions of these terms of use are deemed severable, and if any provision is determined to be illegal or invalid under applicable law, such provision may be changed to the extent reasonably necessary to make the provision, as so changed, legal, valid and binding
You may not assign any part of these terms of use without ECM’s express written permission. We may assign these terms of use immediately upon posting a notice of such assignment on the website
Governing law and dispute resolution
These terms are governed by the laws applicable in the emirate of Dubai as well as Federal Statutes applicable in the country of the United Arab Emirates
Modifications to terms of use
We reserve the right at any time, and from time to time, to update, revise, supplement and otherwise modify these terms of use and to impose new and / or additional rules, policies, terms and / or conditions on your use of the website (collectively referred to as ‘additional terms’). They will be effective immediately and incorporated into these terms of use. Your continued use of the website constitutes your acceptance of all terms
