Terms and conditions of use

 

The following agreement (“this Agreement”) describes the terms and conditions on which Mohamed bin Rashid’s Smart Learning Programme ("MBRSLP") offers you access and use of materials and services found on the Smart Learning Gateway, Smart Majlis and EduShare (“the Service”). This offer is conditional on your agreement to all the terms and conditions contained in this Agreement, including your compliance with policies, guidelines and terms linked by way of URLs in this Agreement (“Terms & Conditions of Service”).

By using the Service or by exercising any rights provided to parts of it, you accept and agree to be bound by the Terms and Conditions of Service. MBRSLP only grants you the rights contained in this Agreement in consideration of your acceptance of the Terms and Conditions of Service.

You acknowledge that MBRSLP is a service provider that, through the Service, may allow people to interact online regarding topics and content chosen by users of the Service including the discussion groups, collaborative workrooms, online courses and modules and that users can alter the Service environment on a real time basis. As part of the nature of the Service, MBRSLP does not always or will not always be able to regulate the content/communications created and made available by users of the Service or otherwise. As a result MBRSLP has limited control, if any, over the quality, morality, legality, truthfulness or accuracy of various aspects of the Service.

You acknowledge that: (1) by using the Service you may have access to graphics, sound effects, music, video, audio, computer programs, animations, text and other creative output (“Content”); and (2) Content may be provided by MBRSLP or by others such as the users of the Service (“Content Providers”).

You acknowledge that MBRSLP, the Ministry of Education and other Content Providers have rights in their respective Content under copyright and other applicable laws, and that except as described in this Agreement that such rights are not transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You acknowledge that this Agreement does not assign or transfer ownership, title or interest of the Intellectual Property rights in the Service to you.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the site.

By way of example and not as a limitation, you agree to:

• a) keep your password secure and confidential; 
• b) not reveal your password to any third party; 
• c) keep your registered email addresses and other registration data current and complete; 
• d) accept responsibility for all use and activities that occur under your account; 
• e) not permit others to use your account; 
• f) refrain from using the account, username, or password of another member at any time; 
• g) refrain from selling, trading, or otherwise transferring your account to another party; 
• h) refrain from charging anyone for access to any portion of the Service, or any information therein;
• i) not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information; 
• j) notify us immediately if you suspect any unauthorized use of your Profile or access to your password.

We endeavour to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the site or its contents.

You agree to immediately notify MBRSLP of any unauthorized use of your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to MBRSLP.

These Terms and Conditions incorporate our Privacy Policy which describes (amongst other things) how we will use any personal information collected from the Websites. For more information, please see our full Privacy Policy.

Ownership

You acknowledge that MBRSLP owns all right, title and interest in and to the Services, including without limitation all underlying software and technology. Intellectual Property Rights means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

Content

Users of the Service can create Content in the Service in various forms. MBRSLP acknowledges and agrees that, subject to the Terms and Conditions of Service, users will retain any and all applicable copyright and any other intellectual property rights with respect to any Content they create using the Service, to the extent that they have such rights under applicable law.

All employees of the Ministry of Education of the United Arab Emirates, including the staff of UAE Ministry of Education schools, should note that the ownership of all copyrights and intellectual property rights in content and materials produced as part of the terms of employment with the Ministry of Education resides with the Ministry of Education.

In using the Services:

You agree to use all best efforts to ensure that your Content does not infringe any Intellectual Property rights of a third party.

You agree that even though you may retain certain copyright or other intellectual property rights with respect of the Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data MBRSLP stores on MBRSLP's servers submitted by others. Your intellectual property rights do not confer ownership of others' data stored by or on behalf of MBRSLP.

In uploading original content to this website, you are granting MBRSLP, its partners and other registered users of the service, an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license to re-use, copy, perform, display and distribute such Content for non-commercial purposes. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services.

You should only upload Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. Other users of the Service will be able to view any Content you post to the Services, subject to your ability to prevent access to your Content by changing your account preferences and settings. You represent and warrant that: (i) you own the Materials posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Service.

You may remove your User Content from the Service at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that MBRSLP may retain archived copies of your User Content.

Your use of other users’ uploaded content

Certain parts of our services enable you to collate, re-use, organise, arrange systematically, catalogue or otherwise use other users’ uploaded content within the Service. You agree that your use of the services in such manner does not entitle you to any intellectual property rights in or in connection with other users’ uploaded content that you so use. You also agree that your use of the services does not entitle you to re-licence, resell, copy or repurpose other users’ uploaded content for commercial gain.

Enforcement

We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User.

The Services may contain links to third-party websites (a) placed by us as a service to those interested in this information; or (b) posted by other Users. We may also place links or enable interoperability to other social networking communities or use other means to connect the Services to such Partner Communities to give you more possibilities. You use all such links to Third-Party Websites and Partner Communities at your own risk. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website or Partner Community does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Partner Community. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites or Partner Communities, or websites linking to the Website. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website and Partner Communities, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

You agree that you shall not:

• (a) take any action to upload post, e-mail or otherwise transmit Content that infringes or violates any third party rights;
• (b) impersonate any person or entity without their consent, including but not limited to employees of the Ministry of Education or MBRSLP, or falsely state or otherwise misrepresent your affiliation with a person or an entity;
• (c) upload, e-mail or otherwise transmit Content that violates any United Arab Emirates law, contract or regulation;
• (d) upload email or otherwise transmit any Content that includes spam advertising, charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes;
• (e) upload email or otherwise transmit any Content that includes any unlawful, threatening, abusive, libellous, defamatory, immoral, obscene, pornographic, profane or otherwise objectionable data and files, including any transmission constituting or encouraging conduct that would violate any local, national or international law and/or give rise to civil and/or criminal liability;
• (f) upload email or otherwise transmit any Content which discloses private or personal matters concerning any person(s) or party(s)
• (g)re-use, copy, perform, display, create derivative works of or distribute any Content you access through the Service for commercial gain.

You agree that you shall:

• (a) maintain the confidentiality of your account username and password and agree not to allow any third party to use your credentials to access the Content on the Service including the communities, discussion groups and forums;
• (b) be responsible for all uses of your account, whether or not actually or expressly authorised by you.
• (c) be solely responsible for the Content that you upload to the Service.

You agree that MBRSLP, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or restrict the use of the Service (or any part thereof), immediately without notice or liability, if MBRSLP determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. 

 

As a condition of access to the Service, you release MBRSLP from claims, demands, damages of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Service. You further understand and agree that MBRSLP will have the rights but not the obligation to resolve disputes between users relating to the Service.

Any Content, or other data residing on the Service may be deleted, altered, moved or transferred at any time for any reason at MBRSLP's sole discretion without notice and without liability to you or any third party.

MBRSLP provides the Service and Content strictly on an “as is” basis and use of the Service and/or Content is at your own risk. MBRSLP hereby expressly disclaims all warranties or conditions of any kind to the extent permitted by law, including without limitation any merchantability or fitness for a particular purpose. To the extent permitted by law, MBRSLP accepts no liability for loss suffered or incurred by the user or any third party as a result of their reliance on the Service and/or Content.

To the extent permitted by law, in no circumstances will MBRSLP be liable to you for any loss resulting from a cause over which MBRSLP does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems.

In no event shall MBRSLP be liable to you or to any third party for any special, incidental, consequential, punitive or exemplary damages, including without limitation any damages for loss of profits arising (whether in contract, tort or otherwise) out or in connection with the Service and or Content.

You agree to defend, indemnify and hold harmless MBRSLP and users of the Service and Content from all damages, liabilities, claims and expenses, including without limitation reasonable legal fees and costs, arising from any breach of this Agreement by you, or from your use of the Service.

This Agreement and the relationship between you and MBRSLP shall be governed by and construed in accordance with UAE law. You and MBRSLP agree that any dispute arising out of or in connection with this Agreement will be subject to and within the jurisdiction of the UAE courts.

You and MBRSLP agree to use best efforts to resolve disputes in an informal manner. In the first instance, resolution of a dispute arising out of or in connection with this Agreement shall be sought between you and an MBRSLP representative. Requests for support can be made through the MBRSLP Self-Services pages accessible from the top menu bar.

Where you and MBRSLP agree that a dispute arising out of or in connection with this Agreement would best be resolved by the decision of an expert, you and MBRSLP will agree upon the nature of the expert required and together appoint a suitable expert by agreement.

This Agreement constitutes the entire understanding and agreement between you and MBRSLP with respect of the subject matter hereof.

The invalidity or unenforceability of any provision of this Agreement shall not affect the continuation in force of the remainder of this Agreement.

The rights granted to you or MBRSLP arising under this Agreement shall not be waived except in writing. Any waiver of any of your or MBRSLP’s rights under this Agreement or of any breach of this Agreement by you or MBRSLP shall not be construed as a waiver of any other rights or of any other or further breach. Failure by you or MBRSLP to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.