Below are our detailed terms and conditions that you must read and accept before accessing or using our websites.
Terms of Service: BY ACCESSING OR USING THE WEBSITE LOCATED AT
www.mmgartgallery.com (together, with all information, materials, applications, software, and other Content (as defined below) therein, the "Websites"), INCLUDING ANY PAID SERVICES, YOU SIGNIFY YOUR ASSENT AND AGREE TO BE BOUND BY BOTH THESE TERMS OF SERVICE (the "Terms of Service") AND THE TERMS AND CONDITIONS OF MMG Art Gallery FZE'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT mmgartgallery.com/PRIVACY, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE, AS IF YOU HAVE SIGNED THEM, AS THEY MAY BE AMENDED BY MMG Art Gallery FROM TIME TO TIME IN ITS SOLE DISCRETION. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST CEASE USING THE WEBSITE. YOU MAY ALSO PRINT AND KEEP A COPY OF THESE TERMS OF SERVICE.
1. Introduction and Acceptance of Terms
These Terms of Service set forth herein forms a binding agreement between you and MMG Art Production a Tecom Free Zone Company with its principal place of business at the Oxford Tower, office 1201, Business Bay, Dubai, United Arab Emirates, P. O. Box 72354, (together with its owners, parents, subsidiaries, affiliates, directors, officers, managers, members, agents and employees, "MMG Art Production") governing your access and use as a user ("User") of the Websites. As used herein, the terms "use" and "using" when used in the context of the Websites mean "access or use" and "accessing or using", respectively.
Any claim or dispute between you and MMG Art Production that may arise in whole or in part from the use of Websites shall to the greatest extent permitted under law, be decided through final and binding arbitration in accordance with Section 17 of these Terms of Service.
In consideration of your use of the Websites, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service, and are not a person barred from using the Websites under the laws of the United Arab Emirates or other applicable jurisdiction. When a minor uses the Websites, the parent or guardian of that minor will be held responsible for the minor's actions. Children under the age of 13 are expressly prohibited from becoming registered users of the Websites or posting Personally Identifiable Information (as defined in our Privacy Policy) to the Websites. If a parent or guardian believes that the Websites have collected the Personally Identifiable Information of a child under the age of 13, Please contact MMG Art Gallery.
MMG Art Gallery reserves the right to change these Terms of Service at its sole discretion and at any time without personal notice to you. If MMG Art Gallery makes a material change to these Terms of Service, MMG Art Gallery will update this page and post a notice on the Websites' homepages for a reasonable period of time, and will indicate the effective date of the changes at the top of both pages. MMG Art Gallery will also notify registered Users by sending an e-mail to the e-mail address on file. It is your responsibility to review these Terms of Service for any changes, and your access or use of the Websites after MMG Art Gallery has notified you of a change in these Terms of Service constitutes your acceptance of and agreement to be bound by all changes. If you do not agree to be bound by the changes, you must immediately stop using the Websites. Any amendments to these Terms of Service shall apply prospectively from the date on which it is made or added to the Terms of Service, and any amended dispute resolution procedures do not apply to any dispute of which the parties had actual notice on the date of the amendment.
2. Description of the Websites and Paid Services
You agree that: (i) the Websites shall be deemed solely based in the United Arab Emirates; (ii) the Websites shall be deemed a passive website that does not give rise to personal jurisdiction over MMG Art Gallery, either specific or general, in jurisdictions other than the United Arab Emirates; and (iii) all use of and benefits from the Websites shall be deemed to be received or enjoyed within the United Arab Emirates and outside the United Arab Emirates. MMG Art Gallery controls and operates the Websites. If you use the Websites from a location outside the United Arab Emirates, you are responsible for compliance with the United Arab Emirates laws or the applicable local laws, including export and import laws. Registration as a User of or subscriber to the Websites results in your information being stored and processed in the United Arab Emirates, and you specifically consent to MMG Art Gallery's storing and processing the personal data you submit.
The Website contains contents including but not limited to text, graphics, photographs, images, news reports, articles, editorial and other writings, audio and video recordings, data, listings, and directory information (collectively, "Content") that is accessible by Users. The Website may also offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas for Users to communicate with each other. The creation of a user account may be required for the use of certain portions of the Website. In addition, certain contents and services of the Website may only be accessed through purchase or paid subscription. We refer to the paid services available on or through the Website collectively as the "Paid Services". Content that is available to Users only through purchase or paid subscription is referred to collectively as the "Paid Services Content". Content may include facts, views, opinions and recommendations of individuals and organizations not affiliated with MMG Art Gallery. MMG Art Gallery does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these facts, views, opinions or recommendations.
3. Proprietary Rights
MMG Art Gallery owns, operates, licenses, controls, and provides access to the Websites. You acknowledge and agree that MMG Art Gallery, and its licensors, retain all right, title and interest in and to all past, present and future Content, excluding User Provided Content (as defined below), applications, software, content and materials provided on or through the Website (including, without limitation, the audiovisual works, text, images, photographs, videos, graphics, page headers, editorial and contextual information, the selection and arrangement of elements displayed on or through the Website, the compilation of all content and materials on the Website, and the business process, procedures, methods and techniques used in the Website) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world.
MMG Art Gallery and the MMG Art Gallery logo are the registered trademarks of MMG Art Production and all other proprietary trademarks, service marks, trade names, trade dress, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of MMG Art Gallery whether registered or not, unless otherwise noted and are protected by applicable copyright, trademark, intellectual property and other laws. MMG Art Gallery's intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages MMG Art Gallery. All rights are expressly reserved.
All third party trademarks, logos, photographs, images, audio and audio-visual content, programming, and other intellectual property contained on or within the Website are the property of the respective third parties, including the respective content owners, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to hold such third responsible such applicable third party and not to MMG Art Gallery to enforce any of your rights in relation thereto. Except as expressly set forth in these Terms of Service or otherwise expressly granted to you in writing by MMG Art Gallery, no rights (either by implication, estoppel or otherwise) in or to the Website or its content is granted to you.
4. User Provided Content
Portions of the Website may allow you and other Users to upload or transmit data, information, text, images, software, audio, photographs, graphics, video, messages, tags, or other materials to or through the Websites ("User Provided Content"). For example, the Website may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas. For User Provided Content, MMG Art Gallery is merely hosting and providing access.
The decision to submit User Provided Content to the Website is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner. By submitting User Provided Content, you represent, acknowledge, and warrant (a) that you have the right to do so or that you have obtained any necessary third party consents and licenses (e.g., under privacy or intellectual property laws), (b) that the User Provided Content does not infringe on the copyrights, trademarks, moral rights, rights of privacy or publicity, or the intellectual property rights of any person or entity, and (c) that no other party has any right, title, claim, or interest in the User Provided Content that would be infringed upon as a result of uploading the User Provided Content. If you submit User Provided Content to the Websites on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained the approval /consents from such group, organization or business. Upon the request of MMG Art Gallery, you agree to furnish MMG Art Gallery with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision. You agree not to accept payment for User Provided Content from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in User Provided Content.
MMG Art Gallery does not vouch for the validity, accuracy or credibility of any User Provided Content on the Website, and does not take any responsibility or assume any liability for any actions Users may take as a result of viewing, reading or listening to User Provided Content on the Website. Through your use of the Website you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues and foreign nationals. MMG Art Gallery does not endorse any User Provided Content or any opinion, recommendation, or advice expressed therein. By using the Website, you assume all associated risks, and MMG Art Gallery expressly disclaims any and all liability in connection with User Provided Content.
In addition, you grant to MMG Art Gallery, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to host, use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Provided Content, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind now known or hereafter developed or discovered for any purposes whatsoever. You agree that MMG Art Gallery may publish or otherwise disclose your name in connection with your User Provided Content.
You acknowledge, consent and agree that MMG Art Gallery may access, preserve and disclose account information and User Provided Content that you provide if MMG Art Gallery is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Service, (iii) respond to claims that any User Provided Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of MMG Art Gallery, its employees, partners and agents or members of the public.
MMG Art Gallery undertakes no obligation to pre-screen User Provided Content, but reserves the right to and may from time to time, monitor any and all information transmitted or received through the Website. You acknowledge, consent and agree that MMG Art Gallery, at its sole discretion and without notice to you, may review, censor, delete, move, edit, block access to or prohibit the transmission or receipt of any User Provided Content or other information, in whole or in part, that MMG Art Gallery deems obscene, defamatory or libelous in nature, that invades the right of privacy or infringes any right of any person or entity, is unlawful, is offensive or otherwise inappropriate, or that MMG Art Gallery believes to be in violation of these Terms of Service.
You are solely responsible for all User Provided Content that you make available via the Website. Under no circumstances will MMG Art Gallery be liable to you in any way for any User Provided Content that you upload, post, or otherwise make available via the Website including, but not limited to, any errors or omissions in User Provided Content, or for any loss or damage of any kind incurred as a result of User Uploaded Information. In addition, you hereby release MMG Art Gallery from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted in these Terms of Service, MMG Art Gallery acquires no title or ownership rights in or to any User Provided Content you submit and nothing in these Terms of Service conveys any ownership rights in the User Provided Content you submit to MMG Art Gallery.
5. Third Party Content and Linked Sites
It is to be noted that third parties provide some of the Content of the Website. MMG Art Gallery makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing or for any errors or omissions in any content supplied by third parties. In addition, third parties may offer goods, services and other materials to you on the Website. Such dealings are solely between you and the third party. MMG Art Gallery will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. MMG Art Gallery makes no warranty, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from MMG Art Gallery.
Under certain circumstances, MMG Art Gallery may permit third-party users to upload content, in which event you, at your own risk, may be exposed to offensive, indecent or objectionable contents. Descriptions of, or references to products, services or publications within the Website do not imply endorsement by MMG Art Gallery of that product, service or publication. The Website may include links to other sites that are not maintained by MMG Art Gallery. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. MMG Art Gallery is not responsible for the content of those sites, does not endorse those sites, and makes no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third party site linked to the Website, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content. MMG Art Gallery shall have no liability for any loss or damage arising from your use of any such site.
6. Limited License
Subject to your compliance with these Terms of Service, MMG Art Gallery grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:
1. View and listen to the Content contained on the Website;
2. Create profile pages on the Website for non-commercial and private use;
3. Participate in the Websites' community areas and communicate with other Users; and
4. Download the Content contained on the Website onto a computer or other personal electronic device for your personal, non-commercial home or archival use only, provided, you do not delete or change any copyright, trademark, or other proprietary notices contained therein.
In addition to the foregoing, by subscribing to the Paid Services, MMG Art Gallery grants you a personal, limited non-exclusive, non-transferable and non-assignable license to access and use the Paid Services Content. You may not use the Paid Services Content for development of data-related products or services, the creation of any database product, or for data provision services. Unless separately and specifically licensed to do so in writing by MMG Art Gallery, you agree not to re-transmit, disclose or distribute any Paid Services Content to any other person, organization or entity. You expressly agree that the Paid Services and Paid Services Content shall be used solely for your own benefit and that the Paid Services Content (including print publications, if applicable) shall not be redistributed or republished by you. You understand and agree that the features of the Paid Services are subject to change without notice to you.
You may not take any action to jeopardize, limit or interfere with MMG Art Gallery's ownership of and rights with respect to the Websites or any Content. The use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creating of derivative works, posting or publication by you, directly or indirectly, of any Content, or any other use of such Content, except pursuant to the foregoing express limited grant of rights, is strictly prohibited. Bots, crawlers, spiders, data miners, scraping and any other automatic access tool are expressly prohibited. You acknowledge that any unauthorized copying or unauthorized use of the Website or of any content is a violation of these Terms of Service and is strictly prohibited. Violation of this limited use license may result in immediate termination of your access to the Website at your sole responsibility and may result in legal action against you.
7. Restrictions on Use
The Website is provided for lawful purposes only. By accessing or using the Website, you agree and warrant that in connection with your use of the Website you will not:
* alter any trademark, copyright and other proprietary or legal notices contained in the Website; or
* manipulate the Website in any way not intended and directed by MMG Art Gallery; or
* copy or seek to copy or "rip" any audio, video or audiovisual content from the Website; or
* exploit any part of the Website for commercial gain or undertake any commercial activity utilizing the contents of the Website without the prior written consent of MMG Art Gallery, including, for example, inserting your own or a third party's advertising, branding or promotional content into the Website's contents, materials or services; or
* upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
- any material that is false, unlawful, threatening, tortious, disparaging, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything that in MMG Art Gallery 's sole discretion is otherwise objectionable; or
- information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right; or
- material of any kind that restricts or inhibits any other user's uninhibited use and enjoyment of the Website or interferes with, overburdens, impairs or disrupts the Website, including material that contains a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, any automated system, such as scripts, or any other harmful component; or
- any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation; or
- use or attempt to use another person's information, account, password, service or system except as expressly permitted; or
* impersonate another person or entity; or
* engage in any conduct that in MMG Art Gallery's sole discretion restricts the ability of any other person to enjoy the use of the Website; or
* solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users.
8. Copyright, Trademark and Celebrity Material Infringement
MMG Art Gallery responds to complaints that user-provided content infringes upon copyrights, trademarks, and other intellectual property rights. Please be aware that celebrities, and sometimes others, may have a "right of publicity," which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on the Website and you don't have the celebrity's permission.
In operating the Website, we may act as a "services provider" and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website.
MMG Art Gallery has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of MMG Art Gallery or a third party, or that has otherwise violated any intellectual property laws or regulations, or any of these Terms of Service. MMG Art Gallery reserves the right to remove any content contained in or posted to the Website that MMG Art Gallery determines in its sole discretion does or may allegedly infringe another person's copyright, trademark, celebrity material or other rights.
Notices to MMG Art Gallery regarding any alleged infringement on the Websites should be directed to MMG Art Gallery's General Counsel's Office at info@mmgartgallery.com, +9714 434 1577.
To submit an infringement notification, you must be the copyright or trademark owner or celebrity or an authorized agent of the copyright or trademark owner or celebrity, and must provide MMG Art Gallery's General Counsel's Office with the following information:
Identification of the copyrighted work, trademark or other intellectual property that you claim has been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);
2. Identification of the infringing material and information reasonably sufficient to permit MMG Art Gallery to locate the material on the Website;
3. For notifications of trademark or trade dress infringement,
a. a copy of the relevant trademark or trade dress registration(s); and
b. description of confusion (e.g., passing off as your company, including specific descriptions of content or behavior).
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and
7. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
MMG Art Gallery's General Counsel's Office should be contacted via email at info@mmgartgallery.com, or in writing at the following address:
MMG Art Production
Oxford Tower, office 1201,
Business Bay,
Dubai,
United Arab Emirates
With respect to claims of copyright infringement, we will expeditiously investigate the material claimed to be infringing and will follow the procedures specified in the relevant applicable laws to resolve the claim between the notifying party and the alleged infringer who provided the content. Please be aware that under the relevant laws of any applicable jurisdiction, you may be liable for any damages, including costs and attorneys' fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with MMG Art Gallery.
MMG Art Gallery's response to notices of alleged infringement may include the removal or restriction of access to allegedly infringing material. If we remove or restrict access to user content in response to a notice of alleged infringement, MMG Art Gallery will make a good faith effort to contact the affected account holder with information concerning the removal or restriction of access, along with instructions for filing a counter-notification (as applicable).
9. User Accounts
The creation of a user account may be required for the use of certain portions of the Website (e.g., e-mail, newsletters, competitions, forums, content downloads, and promotions). You must be 18 years or older to register or subscribe. As part of MMG Art Gallery's registration process, you will select a username and password and be asked to submit, among other things, your email address. You agree that all information you provide to MMG Art Gallery for purposes of creating a user account (the "User Information") will be true, accurate, current and complete and your failure to provide such information will constitute a breach of these Terms of Service and may result in the immediate termination of your account. All information about you including your User Information, any information obtained by MMG Art Gallery as a result of your use of the Website, and any information stored or transmitted in any way on or through the use of the Website is subject to MMG Art Gallery's Privacy Policy, which can be found here. MMG Art Gallery's Privacy Policy is incorporated into these Terms of Service by this reference.
All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore the Customers’ are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that MMG Art Gallery, in its sole discretion, deems inappropriate. You agree that any information that you provide to the Website, including but not limited to User Information, shall be true and accurate and current, and you are responsible for updating such information to keep it true, accurate and current. If you create a user account with the Website, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website (including the Paid Services) using your name, username or password in whole or in part.
Each user name permits one person to access the password-protected portion of the Websites (including the Paid Services), and you shall not share the username or password with any third party. You shall be solely responsible for any and all use of the Website, including without limitation, any and all charges incurred by a third party, under or using your username and password. If at any time you should learn or suspect that your password has been compromised, you shall promptly notify Customer Service at support@mmgartgallery.com and confirm such notice in writing. Upon receiving such telephonic and written notice, MMG Art Gallery will assign a new password to you without charge.
You agree that any unauthorized use of the Website (or any Content derived therefrom) by you or by anyone using you username or password may result in immediate suspension or termination of your user account by MMG Art Gallery, in its sole and absolute discretion, without refund of any pre-paid fees. You represent and warrant that the information provided during the subscription process is true and accurate and agrees to update the information thereafter in the event of any changes. MMG Art Gallery reserves the right to terminate your access to and use of the Website in the event that you provide any false information to MMG Art Gallery as part of the subscription process, without refund of any pre-paid fees. In the event of such termination, you will continue to be liable for applicable fees for the period prior to termination, together with such other remedies as to which may be entitled.
10. Subscription Terms, Fees and Payments; Automatic Renewal and Cancellation
MMG Art Gallery offers month-to-month, quarterly (3 month) and annual (12 month) subscriptions on mmgartgallery.com to all. Paid Services except for the Free Plus subscription, which grants you basic access to the services and requires you to pay fees for every add-on or feature desired. Please see or pricing section for more details.
All subscriptions are AUTOMATICALLY RENEWABLE. This means that once you become a subscriber, your subscription will be automatically renewed and your credit or debit card will be charged based on the subscription program (annually, quarterly, or monthly) you have chosen unless you opt out or cancel by following the instructions in these Terms of Service. By subscribing to the Paid Services, you authorize MMG Art Gallery to charge the applicable recurring subscription fees to your credit or debit card.
When you initially subscribe to the Paid Services, your credit or debit card will be charged immediately for the initial term of the subscription at then-current fee for the applicable subscription period. Unless you notify MMG Art Gallery of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term.
MMG Art Gallery may, in its sole discretion, suspend access to your account or deactivate your account without notice to you.
BY COMPLETING THE ENROLLMENT PROCESS, YOU UNDERSTAND AND AGREE THAT UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION TO THE PAID SERVICES:
(A) YOUR SUBSCRIPTION TO THE PAID SERVICES WILL AUTOMATICALLY RENEW AT THE END OF THE SUBSCRIPTION PERIOD AND CONTINUE FOR ANOTHER SUBSCRIPTION PERIOD;
(B) YOU WILL AUTOMATICALLY BE BILLED AT THE START OF EACH NEW SUBSCRIPTION PERIOD; AND
(C) THAT PERIODIC CHARGES FOR EACH NEW SUBSCRIPTION PERIOD WILL BE AUTOMATICALLY BILLED TO YOUR DESIGNATED BILLING PAYMENT METHOD
Opting Out Of Renewal
YOU MAY TERMINATE ENROLLMENT IN AUTOMATIC RENEWAL AT ANY TIME BY SELECTING CANCEL OPTION FROM YOUR TALENT PORTAL INTERFACE. YOUR SUBSCRIPTION TO THE PAID SERVICES SHALL BE DEEMED TERMINATED ON THE LAST DAY OF IN EFFECT SUBSCRIPTION PERIOD. YOU AGREE THAT EXCEPT AS PROVIDED HEREIN, THE SUBSCRIPTION FEE IS NON-REFUNDABLE ONCE PAID..
Unauthorized Charges. YOU ACKNOWLEDGE AND AGREE THAT YOU, AND NOT MMG Art Gallery, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT OR DEBIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
Billing Discrepancies. Unless you notify MMG Art Gallery of any discrepancies within sixty (60) days after they first appear on your payment statement, they will be deemed accepted by you and you hereby agrees to release and discharge MMG Art Gallery from all liabilities and claims of loss resulting from any such error or discrepancy.
FEES SUBJECT TO CHANGE. MMG Art Gallery may revise the fees and charges then in effect by giving you notice in advance or by posting the revised fees online. We reserve the right to increase fees or introduce new prices or charges at any time. It is your responsibility to check the current fees. All fees and charges incurred in connection with your user name(s) and password(s) will be billed to the credit or debit card you designate during the registration process. If you want to designate a different credit or debit card or there is a change in your credit or debit card validity or expiration date, you must contact Customer Service at support@mmgartgallery.com.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
“We accept payments online using Visa and MasterCard credit/debit card in AED
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
United Arab of Emirates is our country of domicile.
(Website) will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE”.
CANCELLATIONS and REFUNDS. All purchases of subscriptions and one time applications are NON-REFUNDABLE.
For RENEWALS of subscriptions longer than one month, you may cancel within 5 days of the renewal date and receive a full refund for the remainder of your subscription period. Monthly subscriptions (renewals) may be cancelled at any time but you will not receive a refund. If you cancel your subscription but are not eligible for a refund, you will retain access to the Website until your subscription expires. Cancellations may be made by selecting CANCEL option from talent portal interface. All refunds will be given to the original credit or debit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.
11. Additional Terms
In some instances, additional terms or end user license agreements apply to some services, products, software, competitions or promotions offered via the Website. Such terms are posted in connection with the applicable service, product, software, competition or promotion and are in addition to these Terms of Service. In the event of a conflict, the additional terms prevail over these Terms of Service. MMG Art Gallery may change, suspend or discontinue any aspect of the Website at any time and without prior notice.
12. Entire Agreement
You acknowledge and agree that these Terms of Service, the Privacy Policy and any applicable end user license or similar agreements contain the entire agreement between the parties relating to the Website. If any provision in this Agreement is invalid or unenforceable under any applicable law, that part will be deemed severable and the remaining provisions will continue in full force and effect.
13. Equipment and Internet Access.
You understand and agree that you are responsible for providing all telephone, modem, Internet connection, intranet connection, extranet connection and other equipment necessary for you to access the Website (including the Paid Services). You are solely responsible for and shall bear the costs of any such equipment and any fees or charges incurred to access the Website (including the Paid Services) through an Internet access provider or other third-party service, including any applicable taxes.
14. No Oral Agreements or Modifications.
There shall be no amendment or modification of these Terms of Service unless the same is in writing and signed by an authorized representative of MMG Art Gallery. Oral agreements shall expressly be non-binding and unenforceable.
15. Terms of Service Governs
It is understood and agreed by and between the parties that if there is any conflict between these Terms of Service and any other document not signed by MMG Art Gallery, these Terms of Service will govern.
16. Governing Law
Your rights and obligations, and all matters contemplated by these Terms of Service shall be governed by the laws of the United Arab Emirates, without respect to its conflict of laws principles, as if a contract wholly entered into and wholly performed within the United Arab Emirates. These Terms of Service will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
17. Dispute Resolution.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.
If a dispute arises between you and MMG Art Gallery, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly.
a. Negotiations. Before initiating any arbitration or court proceeding, you and MMG Art Gallery agree to first attempt to negotiate any dispute, controversy or claim related to the Website, these Terms of Service or the Privacy Policy, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (each, a "Claim"), informally for at least thirty (30) days. Negotiations will begin upon written notice. MMG Art Gallery will send its notice via Certified Mail to your billing or other physical address (if on file with MMG Art Gallery) and email you a copy to the email address you have provided. You will send your notice via Certified Mail to MMG Art Gallery's General Counsel's Office at the address specified in Section 8 of these Terms of Service and email a copy to info@mmgartgallery.com
b. Binding Arbitration. If the parties fail to resolve a Claim through negotiations within the above thirty (30) day period, you and MMG Art Gallery agree that, except as otherwise expressly provided herein, all Claims will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party, except that (a) you may take Claims to small claims court if they qualify for hearing by such a court, or (b) you or MMG Art Gallery may choose to pursue Claims in court if the Claims relate solely to the collection of any debts you owe to MMG Art Gallery. However, even for those Claims that may be taken to court, you and MMG Art Gallery both waive any Claims for punitive damages and any right to pursue Claims on a class or representative basis. Any election to arbitrate by one party will be final and binding on the other.
c. If any dispute arises between you and MMG Art Gallery FZ LLC during your use of the Site or thereafter in connection with and arising from your use or attempt to use this Site, the said dispute shall be referred to Dubai International Arbitration Centre (DIAC). The place of arbitration shall be Dubai-United Arab Emirates. The arbitration proceedings shall be in the English language.
The said arbitration proceedings shall be governed and construed in accordance with the Arbitration Rules of DIAC.
d. Exceptions to Negotiations and Arbitration. You and MMG Art Gallery agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or MMG Art Gallery's intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts' jurisdiction in lieu of arbitration, provided that any such action or proceeding must be commenced no later than one year after the accrual of the Claim giving rise thereto.
e. Severability. You and MMG Art Gallery agree that if any portion this "Dispute Resolution" section is found illegal or unenforceable, that portion will be severed and the remainder of this section will be given full force and effect
18. Recovery of Fees.
You agree that if MMG Art Gallery takes action (by itself or through its representatives) to enforce any of the provisions of these Terms of Service against you, including collection of any amounts due hereunder, MMG Art Gallery shall be entitled to recover from you (and you agree to pay), MMG Art Gallery's reasonable and necessary attorney's fees and any costs of any litigation, in addition to all sums to which MMG Art Gallery is entitled or any other relief, at law or in equity, except as otherwise limited herein..
19. Disclaimers of Warranty
THE WEBSITE (INCLUDING THE PAID SERVICES) AND ALL CONTENT PROVIDED THROUGH THE SAME ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER ANY APPLICABLE LAW, MMG Art Gallery, AND EACH OF ITS JOINT VENTURERS, LICENSORS, SUPPLIERS, VENDORS, DISTRIBUTORS, ADVERTISERS AND OTHER CONTRACTING PARTIES, SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES WILL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU ACKNOWLEDGE THAT ALL INFORMATION AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE ARE COMPILED FROM AND DISTRIBUTED BY SOURCES THAT ARE OFTEN BEYOND THE CONTROL OF MMG Art Gallery.
MMG Art Gallery MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE, (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (V) THE WEBSITE, NETWORKS OR SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, TROJAN HORSES, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF MMG Art Gallery's CONTROL INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONS NETWORK DISRUPTIONS. MMG Art Gallery IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE WEBSITE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE WEBSITES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMISSIBLE UNDER ANY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE (INCLUDING THE PAID SERVICES) IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE WEBSITE.
20. Limitation of Liability; Exclusive Remedy.
MMG Art Gallery’s LIABILITY IS LIMITED TO THE SUBSCRIBTION AMOUNT paid by you. IN PARTICULAR, MMG Art Gallery, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, MEMBERS, JOINT VENTURERS, LICENSORS, SUPPLIERS, VENDORS, DISTRIBUTORS, ADVERTISERS AND OTHER CONTRACTING PARTIES, SHALL NOT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OF SERVICE, THE PRIVACY POLICY OR YOUR USE OF THE WEBSITE OR ANY CONTENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, OR FOR ANY ACTUAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, PROVIDED THAT NOTHING HEREIN WILL BE INTERPRETED SO AS TO LIMIT OR EXCLUDE ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY ANY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER ANY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MMG Art Gallery AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, MEMBERS, JOINT VENTURERS, LICENSORS, SUPPLIERS, VENDORS, DISTRIBUTORS, ADVERTISERS AND OTHER CONTRACTING PARTIES, OR ANY OF THEM, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL BE LIMITED TO AND IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU PAID TO MMG Art Gallery FOR PAID SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
YOU SPECIFICALLY ACKNOWLEDGE THAT MMG Art Gallery SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
21. Indemnity.
You agree to and shall defend, indemnify and hold harmless MMG Art Gallery, its affiliates, subsidiaries, officers, directors, employees, and agents from any claims and expenses, including reasonable legal fees, related to any breach of these Terms of Service by you or your use of the Website or any Content.
22. Questions.
If you have any questions about these Terms of Service or your rights or MMG Art Gallery's obligations relating to the Websites or the Paid Services, please email us at info@mmgartgallery.com or you may contact us by mail at:
MMG Art Production
Oxford Tower, office 1201,
Business Bay,
Dubai,
United Arab Emirates
23. Electronic Communications.
You acknowledge and agree that by accessing or using the Website, or by clicking on the "I AGREE" button (or similar buttons or links as may be designated by MMG Art Gallery to show your acceptance of the Terms of Service), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Website.
