Platinumlist.ae (“Platinumlist” or “we”) operates Platinumlist.ae, which is a Online organization that allows Members to create a personal profile online in order to register for events, upload photos and submit comments. The services offered by Platinumlist include any Platinumlist-branded URL (the "Platinumlist Website"), Platinulist Guest List services (including, without limitation, registering for event guest lists, Platinulist Photos services, Platinumlist developer services, Platinumlist mobile services, and any other features, content, or applications offered from time to time by Platinumlist. The Platinumlist Services are hosted in the United Arab Emirates.
This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the Platinumlist Services. By accessing and/or using the Platinumlist Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Platinumlist Services, including, without limitation, through a mobile or other wireless device, or otherwise use the Platinumlist Services without being registered) or you are a "Member" (which means that you have registered with Platinumlist). The term "User" refers to a Visitor or a Member. You are authorized to use the Platinumlist Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Platinumlist Services, you must indicate your acceptance of this Agreement during the registration process.
Platinumlist reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Platinumlist Services. All material modifications will apply prospectively only. Your continued use of the Platinumlist Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Platinumlist Services immediately.
1. Eligibility. Use of the Platinumlist Services and registration to be a Member for the Platinumlist Services (“Membership”) is void where prohibited. By using the Platinumlist Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 21 years of age or older; and (d) your use of the Platinumlist Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 21 years of age, if we believe that you are under 21 years of age and you represent yourself as 21 or older, or if we believe you are over 21 and represent yourself as under 21.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Platinumlist Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions in the “My settings” page. Platinumlist may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Platinumlist reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, photo and news comments (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Platinumlist Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Platinumlist expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Platinumlist Services if Platinumlist determines, in its sole discretion, that you have violated this Agreement or pose a threat to Platinumlist, its employees, business partners, Users and/or the public
3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Platinumlist immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Use by Members. The Platinumlist Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Platinumlist. Platinumlist reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Platinumlist Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Platinumlist Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Platinumlist reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platinumlist Services.
5. Proprietary Rights in Content on Platinumlist.
5.1 Platinumlist does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the Platinumlist Services. After posting your Content on, through or in connection with the Platinumlist Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Platinumlist Services, you hereby grant to Platinumlist a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Platinumlist Services, including, without limitation, through the Platinumlist Services to applications, widgets, websites or mobile, desktop or other services which are linked with your Platinumlist account (collectively, “Linked Services”), including, without limitation, distributing part or all of the Platinumlist Services and any Content included therein, in any media formats and through any media channels, except that Content marked “private” will not be distributed by Platinumlist outside the Platinumlist Services and Linked Services. This limited license does not grant Platinumlist the right to sell or otherwise distribute your Content outside of the Platinumlist Services or Linked Services. After you remove your Content from the Platinumlist Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.
5.2 The Platinumlist Services contain Content of Platinumlist ("Platinumlist Content"). Platinumlist Content is protected by copyright, trademark, patent, trade secret and other laws, and Platinumlist owns and retains all rights in the Platinumlist Content and the Platinumlist Services. Platinumlist hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Platinumlist Content (excluding any software code) solely for your personal use in connection with viewing the Platinumlist Website and using the Platinumlist Services.
5.3 Platinumlist performs technical functions necessary to offer the Platinumlist Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the Platinumlist Services. In addition, you agree and acknowledge that Platinumlist may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Platinumlist Services. You can control what type of communications you receive from Platinumlist by accessing “My Settings” section.
6. Content Posted.
Platinumlist may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Platinumlist violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Platinumlist assumes no responsibility for monitoring the Platinumlist Services for inappropriate Content or conduct. If at any time Platinumlist chooses, in its sole discretion, to monitor the Platinumlist Services, Platinumlist nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
6.1 You are solely responsible for the Content that you post on, through or in connection with any of the Platinumlist Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the Platinumlist Services. Platinumlist reserves the right to investigate and take appropriate legal action against anyone who, in Platinumlist’s sole discretion, violates this provision, including, without limitation, removing the offending Content from the Platinumlist Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Platinumlist:
7.1 is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
7.2 harasses or advocates harassment of another person;
7.3 exploits people in a sexual or violent manner;
7.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
7.5 solicits or is designed to solicit personal information from anyone under 18;
7.6 publicly posts information that poses or creates a privacy or security risk to any person;
7.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
7.9 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
7.10 solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
7.11 includes a photograph or video of another person that you have posted without that person's consent;
7.12 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
7.13 violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
8. Protecting Copyrights and Other Intellectual Property.
Platinumlist respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Platinumlist’s policy to terminate, in appropriate circumstances, the membership of repeat infringers.
9. Disclaimers.
Platinumlist is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the Platinumlist Services or Linked Services, by Users of the Platinumlist Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of Platinumlist. In addition, Platinumlist is not responsible for any damage, injury or loss caused by Users of the Platinumlist Services or by any of the equipment or programming associated with or utilized in the Platinumlist Services or Linked Services. Profiles and Linked Services created and posted by Members on, though or in connection with the Platinumlist Services may contain links to other websites or services. Platinumlist is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Platinumlist. Inclusion of any linked website or service on the Platinumlist Services does not imply approval or endorsement of the linked website or service by Platinumlist. When you access these third party sites and services, you do so at your own risk. Platinumlist takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the Platinumlist Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. Platinumlist is not responsible for the conduct, whether online or offline, of any User of the Platinumlist Services or Linked Services. Platinumlist assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Platinumlist is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Platinumlist Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Platinumlist Services or Linked Services. Under no circumstances shall Platinumlist be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Platinumlist Services or Linked Services, attendance at a Platinumlist event, from any User Content posted on or through the Platinumlist Services or Linked Services, or from the conduct of any Users of the Platinumlist Services, whether online or offline.
10. Limitation on Liability. IN NO EVENT SHALL PLATINUMLIST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PLATINUMLIST SERVICES OR LINKED SERVICES, EVEN IF PLATINUMLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PLATINUMLIST'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PLATINUMLIST FOR THE PLATINUMLIST SERVICES DURING THE TERM OF MEMBERSHIP.