Welcome to ImageNation’s website for Sea Shadow (the “Website”). ImageNation is
a Free Zone Limited Liability Company established in accordance with the laws of the
Emirate of Abu Dhabi and registered with the Media Zone Authority, Abu Dhabi, with
Company Registration Number 2.
Website. By accessing or using the Website, you acknowledge that you have read,
you may not access or use the Website and must cease using the Website immediately.
ImageNation will use reasonable efforts to include accurate and up-to-date information
on the Website. However, by accessing or linking to the Website, you assume the risk
that the Website and the content it contains, or may in the future contain, may be
incomplete, inaccurate, out of date, or may not meet your needs and requirements.
ImageNation assumes no obligation to update the content.
ImageNation reserves the right, at our complete discretion, to modify these Terms of
Use at any time and such modification shall become effective by posting the modified
terms on the Website. It is your responsibility to check periodically for any modifications
you may not access or use the Website and must cease using the Website immediately.
3.THIRD-PARTY WEBSITES AND LINKS
The Website may contain links or references to other websites maintained by third parties
over whom ImageNation has no control. ImageNation is not responsible for the privacy
practices or content of those sites. Similarly, the Website may be accessed from thirdparty
links over which ImageNation has no control. ImageNation makes no warranties
or representations of any kind as to the accuracy, currency, or completeness of any
information contained in such websites and shall have no liability for any damages or
injuries of any kind arising from such content or information. Inclusion of any third-party
link does not imply an endorsement or recommendation by ImageNation.
4.TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
The Website is controlled and operated by ImageNation. All material on the Website,
including, but not limited to, images, illustrations, audio clips, and video clips, is protected
by copyrights, trademarks, and other intellectual property rights that are owned and
controlled by ImageNation, its related companies or by other parties that have licensed
their material to ImageNation.
Material on the Website is solely for your personal, non-commercial use. Such material
may not be copied, reproduced, republished, exchanged, modified, uploaded, posted,
transmitted, stored or distributed in any way, including by e-mail or other electronic
means, without the express prior written consent of ImageNation. Use of the material
on any other website or networked computer environment, or use of the material for
any purpose other than personal, non-commercial use is a violation of ImageNation
copyrights, trademarks and other proprietary rights, and is prohibited. Use of material
in contravention of this Clause may result in civil or criminal liability.
5.CONTRIBUTIONS TO IMAGE NATION
The Website may contain discussion forums, bulletin boards, video and photograph
boards, review services or other forums in which you or third parties may post
contributions, both current and historical, including reviews, messages, materials or other
items on the Website (“Interactive Areas”). Where ImageNation provides such Interactive
Areas, you are solely responsible for your use of such Interactive Areas and may only use
them at your own risk.
By using any Interactive Areas, you expressly agree not to post, upload, transmit,
distribute, store, create or otherwise publish through the Website any of the following:
a.Any message, data, information, text, music, sound, photographs, videos, graphics,
code or other material (“Content”) that is unlawful, libelous, defamatory, obscene,
pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or
publicity rights, abusive, inflammatory, fraudulent, racist or otherwise objectionable;
b.Content that would constitute, encourage or provide instructions for a criminal offence,
violate the rights of any party, or that would otherwise create liability or violate any local,
state, national or international law;
c.Content that contravenes the laws of the United Arab Emirates by:
abusing an Islamic holy shrine or ritual, including (without limitation) where such shrine or
ritual is protected under the Islamic Sharia (religious) law; and defaming any of the divine
religions, including an act or theme which is blasphemous and/or defamatory to Arabs
or any Muslims as an individual or a group or to any Arab or Muslim head of state, royal
family and/or national symbol (for example the flag);
d.Content that may infringe any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party;
e.Content that impersonates any person or entity or otherwise misrepresents your
affiliation with a person or entity;
f.Content that involves unsolicited promotions, political campaigning, advertising or
solicitations, including Content that involves the transmission of junk mail, chain letters
or unsolicited mass mailing, instant messaging, spinning or spamming or provides links
to other websites or webpages;
g.Content that includes the private information of any third party, including, without
limitation, addresses, phone numbers, email addresses, Social Security numbers and
credit card numbers;
h.Content that includes viruses, corrupted data or other harmful, disruptive or destructive
i.Content that is unrelated to the topic of the Interactive Area(s) in which such Content
k.Content that, in the sole judgment of ImageNation, is objectionable or which restricts
or inhibits any other person from using or enjoying the Interactive Areas or the Website,
or which may expose ImageNation or its affiliates or its users to any harm or liability of
Although ImageNation has no obligation to screen, edit or monitor any of the Content
posted to or distributed through any Interactive Area, ImageNation reserves the right, and
has absolute discretion, to remove, screen or edit, without notice, any Content posted or
stored on the Website at any time and for any reason, and you are solely responsible for
creating backup copies of and replacing any Content you post or store on the Website at
your sole cost and expense.
Any use of the Interactive Areas or other portions of the Website in violation of the
termination or suspension of your rights to use the Interactive Areas and/or the Website.
In order to:
a.cooperate with legitimate governmental requests, order of a court of competent
jurisdiction or pursuant to any written law;
b.to protect ImageNation’s systems and customers; or
c. to ensure the integrity and operation of ImageNation’s business and systems,
ImageNation may access and disclose any information it considers necessary or
appropriate, including, without limitation, user profile information (i.e. name, email
address, etc.), IP addresses and traffic information, usage history, and posted
Content. ImageNation’s right to disclose any such information shall govern over any
5.2.Right to Use
By posting or distributing Content to or through the Website, unless we indicate
a.grant ImageNation, ImageNation’s parent company Abu Dhabi Media Company and
its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub
licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create
derivative works from and publicly display and perform such Content throughout the
world in any media, now known or hereafter devised;
b.grant ImageNation and its affiliates and sublicensees the right to use the name that you
submit in connection with such Content, if they choose; and
c.represent and warrant that
you own and control all of the rights to the Content that you post or otherwise distribute,
or you otherwise have the lawful right to post and distribute such Content to or through
the Website; such Content is accurate and not misleading; and use and posting or other
rights of or cause injury to any person or entity; and You further grant ImageNation the
right to pursue at law any person or entity that violates your or ImageNation ‘s rights in
Content submitted by users will be considered non-confidential and ImageNation is under
no obligation to treat such Content as proprietary information.
Without limiting the foregoing, ImageNation reserves the right to use the Content as it
ImageNation is under no obligation to offer you any payment for Content that you submit
or the opportunity to edit, delete or otherwise modify Content once it has been submitted
to ImageNation. ImageNation shall have no duty to attribute authorship of Content to you,
and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain any moral rights (including rights of attribution or
integrity) in the Content, you hereby declare that (a) you do not require that any personally
identifying information be used in connection with the Content, or any derivative works
of or upgrades or updates thereto; (b) you have no objection to the publication, use,
modification, deletion and exploitation of the Content by ImageNation, its parent company
Abu Dhabi Media Company or its licensees, successors and assigns; (c) you forever waive
and agree not to claim or assert any entitlement to any and all moral rights of an author
in any of the Content; and (d) you forever release ImageNation, its parent company Abu
Dhabi Media Company and its licensees, successors and assigns, from any claims that
you could otherwise assert against ImageNation by virtue of any such moral rights.
The Website and the information and materials on the Website are provided to you “as
is” without warranty of any kind, either expressed or implied, including, but not limited to,
the implied warranties of merchantability, quality, fitness for a particular purpose, or noninfringement.
The information contained herein may contain inaccuracies and typographical errors.
ImageNation makes no warranties or representations, express or implied, as to the
accuracy, completeness or reliability of any facts, advice, opinions, views, statements,
recommendations or other information displayed on or distributed through the Website.
You acknowledge that any reliance upon any such facts, advice, opinions, views,
statements, recommendations, or other information is at your sole risk.
ImageNation makes no representation or warranty whatsoever regarding the suitability,
functionality, availability or operation of the Website. The Website may be temporarily
unavailable due to maintenance or malfunction of computer equipment. ImageNation
does not warrant that the Website will be uninterrupted or error-free, that defects in
the Website will be corrected, or that the Website or the servers that make the website
available are free from viruses or other harmful components.
7.LIMITATIONS OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall ImageNation or
its parent company Abu Dhabi Media Company be liable to you for damages of any kind
whether based in tort, contract, strict liability or otherwise, including, without limitation,
any direct, indirect, incidental, special, punitive, exemplary or consequential damages
resulting from or in connection with:
a.the Website or the information it contains or any errors or omissions in the technical
operation of the Website, even if ImageNation has been advised of the possibility
of such damages, whether caused in whole or in part by negligence, acts of God,
telecommunications failure, or theft or destruction of, or unauthorized access to, the
b.any delay or partial or total failure by ImageNation to perform any of its obligations to
c.any statements, representations or Content provided by its users in any public forum,
personal home page or other Interactive Area;
d.any Content posted, stored or uploaded by you or any third party, nor for any loss or
damage thereto; any
e.any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography
or profanity, violations of law (including the laws of the United Arab Emirates) you may
encounter on the Website.
You shall indemnify and hold ImageNation and its parent company Abu Dhabi Media
Company and its affiliates and each entity’s directors, officers and employees harmless
in respect of any claim, loss, liability, damage or expense (including reasonable legal fees
and expenses) arising out of or in connection with:
a.any claim that the Content infringes the intellectual property rights of a third party;
b. any breach of any warranty, representation or obligation in or arising out of these
d. arising from your use or conduct on the Website.
the United Arab Emirates and the parties agree that any legal actions, proceedings or
exclusive jurisdiction of the Courts of Abu Dhabi, United Arab Emirates.
remaining provisions of the agreement will remain in place.