Terms Of Service

Content

  • Advertiser is solely responsible for all content in any advertising created under this Agreement (the “Advertising”) and on the Advertiser Website. This includes ensuring all rights, permissions, and releases are obtained regarding the Advertising and its use (including intellectual property rights and privacy/publicity rights).
  • The content must comply with UAE regulations, including:
    • Federal Law No. 3 of 2018 on Combating Cybercrimes: Prohibits online content that is unlawful, obscene, threatening, defamatory, or violates public morals.
    • Federal Law No. 24 of 2020 on Personal Data Protection: Ensures user data privacy and requires consent for its collection and use.
  • 435 Digital reserves the right to reject or remove any content (or any portion thereof) from any Advertising or Advertiser Website at any time for any reason.
  1. 435 Digital’s Obligations
  • 435 Digital will use commercially reasonable efforts to perform the Services as agreed.
  • In case of errors, interruptions, or interference with Advertising or the Advertiser Website, 435 Digital will attempt to restore normal operations within a reasonable timeframe. However, the limitations of liability set forth in this Agreement will be 435 Digital’s sole responsibility.
  • 435 Digital is not liable for any loss, delay, or interruption caused by third-party services, products, or contractors.
  1. Payment
  • Payment terms (approved credit, automatic bank withdrawal, or credit card billing) will be agreed upon in writing.
  • Unless otherwise agreed, full payment is due upon contract execution.
  • Late payments may incur a late fee.
  • Advertiser authorizes 435 Digital to debit their chosen payment method for agreed amounts.
  • The Advertiser is responsible for any dishonored payments and associated fees.
  • Advertising Agencies are jointly liable with the Advertiser for payment.
  1. Ownership
  • 435 Digital owns all rights, title, and interest in its website content, code, and any content created by them.
  • 435 Digital may use any code, design, idea, concept, or material used in this Agreement for itself or third parties.
  • Advertiser grants 435 Digital a non-exclusive, perpetual, royalty-free, worldwide license to use, reproduce, display, modify, and distribute any content created under this Agreement (including Advertising and portions of the Advertiser Website) in any media.
  • Advertiser authorizes 435 Digital to pursue claims against unauthorized use of data or content in the Advertising or Advertiser Website.
  1. Representations and Warranties/Indemnification

Advertiser represents and warrants that:

  • They have full authority to enter the Agreement and fulfill their obligations.
  • They own (or have the right to use) all content, including trademarks, copyrighted material, and the right to use images of recognizable individuals, provided to 435 Digital or used in any Advertising or on the Advertiser Website.
  • The content of any Advertising or the Advertiser Website, and its use as Advertising, will not violate UAE laws or third-party rights (including intellectual property rights and privacy/publicity rights).
  • They will fulfill all representations and commitments made in any Advertising or on the Advertiser Website.
  • They will comply with all applicable UAE laws, rules, and regulations.

Advertiser agrees to indemnify, defend, and hold harmless 435 Digital, its affiliates, and their officers, directors, shareholders, employees, representatives, and contractors from any claims, liabilities, expenses, or injuries related to:

  • Any breach of representation or warranty made, or failure to perform any obligation undertaken, by Advertiser.
  • Advertiser’s person, property, or assets.
  • The content of, or representations made in, any Advertising or on Advertiser’s Website.
  • Any other content or material created or used by Advertiser.

This provision survives the termination of the Agreement.

  1. Limitation of Liability
  • EXCEPT AS EXPRESSLY SET FORTH HEREIN, AGENCY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  • IN NO EVENT SHALL 435 DIGITAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT.
  • 435 DIGITAL DISCLAIMS ALL WARRANTIES REGARDING ITS SERVICES, INCLUDING WARRANTIES IN NO EVENT SHALL 435 DIGITAL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.