This user agreement on the Use of the Site, the use of the services of
the Site and the use of the Content posted on the Site (hereinafter
referred to as the Agreement) governs the Use of the Site, the use of
the services of the Site and the use of the Content posted on the Site
and establishes the related civil rights and obligations of the User
and the service.
Before using the Site and / or using the services and / or using the
Site Content, please read the terms of this Agreement. By registering
on the Site or continuing to use the Site, materials posted on it,
Content and / or services, the User thereby accepts and undertakes to
comply with all the terms of this Agreement without exception.
If the User doesn’t agree with the terms of this Agreement in whole or
in part, he undertakes to leave the Site, delete the Profile and stop
any Use of the Site, use of services and use of the Content.
Terms and definitions
1. Authorization is a
procedure for entering account data (login and password) by the User,
which allows access to the User's Account.
2.
User Account / Profile / Account
is a set of secure web pages of the Site, access to which the User
gets after Registration and entering a login and password, containing
information and data of the User specified by the User, data about the
User provided by the User during Registration or in the process of Use
Site, data on the Site settings and the Services available to the
User.
3. Theeye – Theeye Tech
Ltd.
4.
Theeye Content / Content
is any information presented in text, graphic, audiovisual (video)
formats, as well as design elements, illustrations, graphics, scripts,
video, sounds, text and other objects posted on the Site, which are
protected results of intellectual activity or not, the rights to which
are owned by Theeye.
5. User Content is viewing
real estate and information about it live in video mode.
6. End User is an
individual duly authorized by the User (legal entity) to perform
legally significant actions on behalf of the User (legal entity),
including the conclusion of this Agreement on behalf of the User
(legal entity), and directly using the Site, using service, use of
content] solely in the interests and on behalf of the relevant User.
User is a capable
individual who has reached the age of eighteen, who has registered on
the Site and is using the Site, as well as the Use of Theeye Service
on the Device.
At the same time, the User doesn’t have the right to copy, record
(reproduce) and / or store materials and / or Content on the Device
and / or other equipment, as well as on any material medium, or carry
out any other use (within the meaning of clause federal Law of the UAE
- Federal Law No. 5 of 2012 on Combatting Cybercrimes and its
amendment by the Federal Law No. 12 of 2016), as well as the methods
of "decompiling", "disassembling", "decoding", "emulation", "violation
of integrity", "restoration of the source code".
9.
Use of the Service / Services
are any actions of the User and / or End User related to the direct
use of the functionality and / or functional capabilities of the Site
via the Internet and directly provided (available for execution
without any "circumvention" of technical, technological and other
restrictions) the relevant functionality / functionality of the Site.
10. Registration is the performance by the User and / or the End User
of actions on the Site aimed at creating a Profile.
11. Site is a set of
programs for electronic computers (including web applications) and
other information (including Theeye Content) contained in the
information system, access to which is provided through the Internet
information and telecommunications network under the theeye.live
domain name, which allows identify the Sites on the Internet, as well
as the set of relevant web pages.
12. Service / Services -
is the functionality and functionality of the Site, available to all
Users after Registration for remote use via the Internet. The list and
composition of the functionality and functionality available to the
User may be changed by Theeye unilaterally without any notice to the
User.
13. Device is a user’s
device (personal computer, smartphone, tablet or other device) that
has access to the Internet.
14. License is simple
(non-exclusive) non-transferable revocable royalty-free license to use
Theeye Content.
1. Subject of the Agreement
1.1 This Agreement is an agreement between Theeye and the User to
establish civil rights and obligations related to the Use of the Site,
use of the Site Services and use of Theeye Content posted on the Site.
1.2. The User can and undertakes to use the Site, Use the Site
Services, use Theeye Content exclusively in accordance with the terms
and conditions of this Agreement.
1.3. Use of the Site, Use of the Site Services, use of Theeye Content
is allowed exclusively for the good purposes of viewing real estate.
1.4. The user is prohibited from:
-
create "inlining or embedded links" (embedded links) allowing to
display certain information, Theeye Content, Content of other
Users and / or other intellectual property from the Site on any
other site (including on the User's own site) by means of embed,
as well as frames, which are a special web browser window for
presenting an external site;
-
create any hyperlinks (including, "inlining or embedded links") to
the materials of the Site, Theeye Content, Content of other Users,
Services available to the User only after Authorization.
1.5. Theeye grants the User the right to use Theeye Content under the
terms of the License within the limits and in the ways determined by
this Agreement.
1.5.1 The license is granted under the following conditions:
1.5.2 Territory of the License - all countries of the world.
1.5.3 The term of the License is from the date the User begins to use
Theeye Content and the User accepts the terms of the License until it
is removed from the Device.
1.5.4 The license grants the rights to use Theeye Site in the
following ways and within the following limits:
-
reproduction of the Content on the Device, limited to the
recording and storage of one exact copy of the Content in the
memory of the Device, without the right to create any subsequent
copies on any tangible media.
1.5.5 All the actions listed in this paragraph for the use of Theeye
Content must be carried out by the User independently. All actions
related to the use of Theeye Content committed by the End User are
also and are recognized as actions performed directly by the User.
1.5.6 Any other use of Theeye Content not specified in this Agreement
is prohibited. In particular the User is not entitled to:
-
sublicense, sell, assign, lease, distribute, transfer or otherwise
grant the rights to use Theeye Content to third parties;
-
modify / change, improve, translate into other languages, create
derivative works based on / include Theeye Content, decompile,
disassemble, decode, emulate, violate the integrity, restore the
source code of Theeye Content or any parts of it;
-
carry out any mailing (including mass) and / or in any way bring
Theeye Content to the public, including through hyperlinks and /
or User Content;
-
use Theeye Content as part of commercial products, to offer
commercial products or services to third parties, or for other
commercial purposes;
-
use Theeye Content to violate the rights of third parties, as well
as for purposes contrary to applicable law and this Agreement.
1.6 By accepting the terms of this Agreement, in the manner prescribed
in clause 7.1. of the Agreement, the User, thereby, among other
things, confirms that he meets the requirements for the User and
specified in this Agreement.
2. General provisions
2.1 Using the Site on terms other than those described in this
Agreement is not allowed. The Agreement can be changed by Theeye
without any special notification to the Site User. Changes come into
force from the moment the new version of the Agreement is published on
the Site. The current edition is available at theeye.live.
2.2 Before starting to Use the Site, Use the Services, use the
Content, the User undertakes to familiarize himself with the text of
this Agreement. If the User doesn’t agree with any particular
provision or with the Agreement as a whole, he is obliged to stop any
Use of the Site, Use of the Services, use of the Content. The User,
expressing his consent to the terms of the Agreement in accordance
with clause [7.1], with the changes made to the text of Theeye
Agreement, in accordance with clause [7.2] of the Agreement and in
conjunction with the fact of continuing to Use the Site, Use the
Services, use the Content, thereby, unconditionally and completely
agrees with all the terms of this Agreement.
2.3 Within the framework of item [2.4.3.], Item [3.2] and item [7.1]
of the Agreement: (i) “starting to Use the Site” means the User and /
or End User taking any action that meets the definition of “Using the
Site”; (ii) "starting to use" means the User and / or End User taking
any action to use Theeye Content; (iii) “beginning to Use the Services
/ Service” means the User and / or End User taking any action that
meets the definition of “Use of the Services”. "Beginning of Use" /
"Beginning of Use by the User" also includes, but is not limited to:
downloading, recording and storing Theeye Content in the Device's
memory. For the purposes of this Agreement, "Use of the Site" should
also be understood, including, but not limited to: loading the Site
(individual web pages of the Site) in a web browser, loading
individual elements of the Site in a web browser, creating simple
hyperlinks and / or "inlining or embedded links "(embedded
hyperlinks), registration / subsequent Authorization (including
entering account data or other information required to use the
Services) on the Site.
2.4 Upon Registration and subsequent Authorizations on the Site, the
User has the right to subscribe (if there is such a technical
possibility) to: information messages, advertising mailings from
Theeye containing information about the Site Content, Services and
services of Theeye and / or its partners, by affixing by the User and
/ or the End User marks (ticks) in the appropriate field during
Registration or in the Profile, which indicates the explicit consent
of the User to receive such advertising mailings in the amount, for
the purposes and in the ways specified in the Consent to advertising.
Theeye is responsible for advertising posted on the Site and / or
mailing, within the limits established by UAE law (Federal Law No. 5
of 2012 on Combatting Cybercrimes and its amendment by the Federal Law
No. 12 of 2016).
2.5 Theeye has the right to post on the Site advertising and
informational offers, advice and suggestions to Users on goods, works,
services of Theeye, companies of the Theeye group and partners of
Theeye.
2.6 The Agreement, "Site Privacy Policy" are published at theeye.live.
2.7 Theeye's collection and processing of personal data of Users and /
or End Users is carried out on the basis and in accordance with the
"Site Privacy Policy".
3. Additional terms
4.1 In the event that the Use of the Services, the use of Theeye
Content is considered by the User's national legislation as a
prohibited activity, or an activity that requires special permissions,
notifications, etc., the User undertakes to refuse to Use the
Services, use the Content, or use The site as a whole and
independently is responsible for failure to comply with this
condition.
4.2 Theeye and the User as Parties to this Agreement have hereby
agreed that:
-
the security and confidentiality of the data processed by the User
and / or the End User on the Device is provided directly by the
User. The user understands and accepts the risks associated with
the transfer of personal data and other confidential information
using the Internet;
-
when changing the End User who registered the User on the Site, it
is necessary to re-register on the Site;
-
Theeye has the right to set any limits and restrictions on the Use
of the Site, the Use of the Services, the ability to download /
download this or that Content, and can change them at its own
discretion, without prior notice to the User;
-
Theeye can use the services of partners for the purpose of
implementing the Services or individual functionalities of the
Site, while the User can use the Services only on the terms of the
Agreement, unless other conditions for Using the Service are
specified directly on the Site itself, in the Service or in the
Agreement;
-
For the smooth operation of the Site (and individual functionality
of the Site) and individual Services, the User must ensure the
proper quality of access to the Internet on his Device.
4. Rights and obligations of the Parties
4.1 Theeye has the right to:
4.2 Determine the structure, appearance and content of the Site,
information and materials contained on the Site, the content and
composition of the Content, namely the composition, purpose and list
of Services.
4.3 Without any notification and / or explanation of reasons restrict
or prohibit (temporarily or permanently) the availability of the Site
to any User and / or any End User or to all Users and / or all End
Users, including in case of violation by the User and / or End User of
the terms of this Agreement.
4.4 Conduct scheduled and unscheduled preventive maintenance on the
Site, for which purpose temporarily suspend the operation of the Site
(and / or Services). Theeye, at its discretion, may notify Users about
the time of these works and / or about their duration and / or about
their nature by posting the relevant notice on the Site.
4.5 At any time, change the design of the Site, its content, the
composition and list of Services, change or supplement the scripts
used, software, the composition and content of the Content and other
objects used, stored and / or posted on the Site, any server
applications, notifying the User or without one.
4.6 Delete without any reason and without warning any Content and / or
User Content. When deleting Theeye Content available to the User for
downloading (downloading) from the Site, the User undertakes within 14
calendar days from the date of visiting the Site and / or using the
Site.
4.7 Block and delete the User Profile at their own discretion,
including in the event that the User commits actions that violate the
UAE legislation or the provisions of the Agreement. In case of
deletion or blocking of the User's Profile, the Agreement is
terminated.
4.8 Show the User advertising materials on the Site.
4.9 At any time, without prior notice to the User, unilaterally limit,
expand, supplement, modify and otherwise change the functionality of
the Site and / or Services and / or the volume of available Content,
as well as any elements and parts of the Site, as well as change
documents related to Website.
4.10 Without prior notice to the User, change, at its discretion, the
technical and other characteristics of any part of the Site, its
functionality and / or the composition and list of Services and / or
the content and composition of the Content.
4.11 Provide the User with information on the use of the Site and work
with the Site through the "Feedback".
4.12 Theeye undertakes to take the necessary organizational and
technical measures to maintain the functionality of the Site, as well
as to ensure the confidentiality and protection of information
received from the User.
4.2 The user has the right to:
-
Use the Site, Use the Services, use the Content on the terms and in
accordance with this Agreement.
-
Send to Theeye your rating and any questions you may have about
using the Site through the Rate Us module.
4.3 The user undertakes:
-
Use the Site, Use the Services, use the Content exclusively on the
terms and in accordance with this Agreement.
-
Keep secret and not disclose to third parties’ information about the
User's credentials / User Profile, with the help of which the
Profile is accessed. In the event that such information for one
reason or another becomes known to third parties, the User
undertakes to immediately change his credentials.
-
Don’t use the Device and other software and hardware that could
disrupt the functioning of the Site and / or Services.
-
Respect and not violate all rights and legitimate interests of
Theeye, as the copyright holder of the Content and the Site when
using the Site, using the Services, using the Content.
-
Immediately inform Theeye about all cases of illegal use of the
Site, Site materials, Content and / or Services by third parties
that have become known to him.
4.4 The user is prohibited from:
-
in addition to what is stated in clause 2.4 and other relevant
provisions of the Agreement, in any form and in any way (unless
otherwise expressly permitted by the terms of the Agreement): (i)
copy, modify (modify), create derivative works, supplement,
distribute (including through granting the right to use), sell,
communicate to the public, publish and perform other actions that
are not directly indicated in the Agreement, as permissible in
relation to the information and materials of the Site, the source /
object code of the Site; (ii) try to circumvent the technical
security measures of the Site / Services and / or try to obtain the
source / object code of the Site; (iii) take any actions that hinder
/ block / impair the functioning of the Site and / or Services; (iv)
transfer to third parties the User Account / Profile data required
to enter the Profile and provide third parties with the opportunity
to use the Site, Use the Services, use the Content; (v) carry out
the Use of the Services in violation of the provisions of the
Guidelines for the use of the Site Services.
-
carry out unauthorized collection of personal data of other Users;
-
use any automatic or automated means to collect information and
materials posted on the Site, as well as Content and Content of
other Users;
-
take actions aimed at destabilizing the functioning of the Site,
attempt to unauthorized access to the management of the Site or its
closed sections (sections to which only Theeye is allowed access),
as well as perform any other similar actions;
-
to carry out unauthorized access to the Profiles of other Users by
collecting or entering credentials, as well as to attempt such
access.
5. Responsibility of the Parties
5.1 The functionality and functionality of the Site, materials and
information posted on the Site, as well as the Site Services and
Content are provided on an "as is" basis. Theeye doesn’t provide any
guarantees regarding the compliance of all of the above with the
specific goals and expectations of the User, and also doesn’t provide
any other guarantees not expressly specified in the Agreement.
5.2 Under no circumstances will Theeye be liable to the User (and any
third parties) for damages, including any direct, indirect,
intentional, incidental or consequential damages of any nature arising
from this Agreement and / or from the Use of the Site, Use of the
Services, use of Content or inability to use the Site, Use the
Services, use the Content (including, but not limited to, losses
incurred as a result of loss of business reputation, termination of
work, technical failure, accident or malfunction or any commercial
losses, costs or losses, as well as lost profit or unjust enrichment)
even if Theeye knew or should have known about the possibility of such
losses or the User was warned about the possibility of such losses.
5.3 Theeye takes all reasonable measures and carries out any
reasonable actions aimed at ensuring the safety of confidential data
of Users and maintaining the Website. Theeye doesn’t provide warranty
service for the Site and doesn’t provide technical support services
for the Services and / or the Site.
5.4 Theeye is not responsible for the User's transfer of information
to third parties, as well as, in the event that information from the
Site has become available to third parties due to their unauthorized
access to the Device, or actions of virus or malicious software on the
Device.
5.5 Theeye is not responsible for the inability to use the Site, Use
the Services, use the Content.
5.6 Theeye reserves the right to provide functionality and
functionality of the Site and / or Services in a limited manner.
5.7 The Agreement doesn’t give the User any rights to use the
protected results of intellectual activity, with the exception of
those expressly specified in the Agreement.
5.8 For non-fulfillment or improper fulfillment of obligations assumed
by the User under the Agreement, as well as for violations of the
terms of the Agreement, the User is liable in accordance with the
legislation of the UAE.
5.9 Any violation of the terms of this Agreement by Users and / or End
Users leads to termination of the Agreement.
5.10 In the event of using the Site, using the Services, using the
Content after the termination of the Agreement, the User is liable in
accordance with the legislation of the UAE (Federal Law No. 5 of 2012
on Combatting Cybercrimes and its amendment by the Federal Law No. 12
of 2016).
5.11 Theeye doesn’t bear any responsibility for the actions of Users
and / or End Users, as well as for the services of third parties and
Theeye partners available on the Site. The services of partners and
third parties are available under the terms of the relevant agreements
concluded between the User and the relevant third party and / or
Theeye partner. All disagreements regarding such services, including
claims regarding their safety, legality and compliance of the Services
with the expectations and goals of the User, are resolved between the
User and the relevant third party and / or Theeye partner
independently, without the involvement of Theeye. Theeye is not
responsible for the incorrect functioning or non-functioning of the
corresponding services, or for non-receipt of the results expected by
the User from the use of such services.
5.12 The User is solely responsible for illegal actions carried out
using the User's Profile, as well as in connection with the placement
of the Content by the User (if he has such technical capability) using
the User Profile, including for the compliance of the content of the
Content posted by the User with the requirements of the current
legislation, including liability to third parties.
5.13 The User is fully responsible for any actions taken by him and /
or the End User on the Site (including but not limited to those
related to the Use of the Site, the Use of the Services, the use of
the Content) as well as for any information and data that he uploads
to the Site, any User Content uploaded by him and / or the End User to
the Site or otherwise brought to the attention of other Users on the
Site (and / or with its help). The user undertakes to independently
resolve claims of third parties related to the illegal posting of User
Content.
5.13.1 Theeye doesn’t control the content of the User Content posted,
transmitted, used on the Site (through the Site and / or Services /
services of third parties / Theeye partners) and doesn’t initiate the
transfer / download / upload of User Content and / or information
posted by the User to the Site (and / or in the Service), and is not
responsible for them. The User is personally responsible for any User
Content or other information that he posts, transmits and / or uses on
the Site (and / or Services) or with its help. In the event that
Theeye claims to have violated the rights of third parties, as well as
upon receipt of relevant requests from authorized state bodies about
the violation of current legislation in connection with the posting,
use, transfer of Content and / or information by the User and / or
when appropriate risks arise, Theeye has the right remove relevant
Content and / or information.
5.14 The transition to the websites of third parties, the installation
of any computer programs and the ordering of Services from third
parties (including Theeye partners) is carried out by the User at his
own risk and responsibility. The provisions of this Agreement don’t
apply to the relationship between the User and third parties.
5.15 Theeye is not responsible for the selection of the password by
third parties and any actions performed by them using the User
Profile.
5.16 All actions performed by the User and / or the End User or on
behalf of the User on the Site under his Profile are considered to be
performed personally by the User.
5.17 or non-fulfillment or improper fulfillment of obligations assumed
by the User under the Agreement, for violation of the terms of the
Agreement, as well as for violation of guarantees and assurances
provided for in this Agreement, the User is liable in accordance with
the legislation of the UAE. The User is fully responsible to Theeye
for any actions of his End User and any losses caused to Theeye by the
End User.
5.18 Theeye and the User have hereby agreed that:
-
Theeye is not the initiator of uploading (downloading / transferring
/ demonstrating / publishing / posting, etc. actions) of the User's
Content to the Site and doesn’t determine the recipient of the
User's Content. The User independently and / or through the End User
uploads the User Content to the Site;
-
Theeye doesn’t change the User Content when it is uploaded by the
User and / or the End User to the Site, with the exception of
changes made to ensure the technological process of displaying
(demonstrating) User Content in the Site interface;
-
Theeye is unknown (cannot be known, due to the fact that the
relevant information is not provided by the User to Theeye and
should not be provided for Using the Site, Using the Services, using
the Content) about the presence in the User's Content of any results
of intellectual activity or means of individualization third
parties.
-
Theeye is unknown (cannot be known, due to the fact that the
relevant information is not provided by the User to Theeye and
should not be provided for the Use of the Site, the Use of the
Services, the use of the Content) that the User has the right to use
in relation to any results of intellectual activity or third party
customization tools that may be contained in the User Content.
-
Theeye, in case of receiving in writing a statement from the
copyright holder about the violation by the User of intellectual
rights with the provision of appropriate evidence and documents
confirming the existence of an exclusive right of such copyright
holder, has the right to immediately (on the day of receiving the
corresponding reasoned application) block the User's Profile
(completely or partially suspend access to Site and / or to the
Services), as well as delete any User Content in order to timely
stop the violation of intellectual rights, without reimbursing any
losses to the User. At the same time, the User undertakes to
reimburse Theeye for all losses that Theeye incurred due to the
unlawful placement of the User's Content on the Site by the User.
6. Final provisions
6.1 By visiting the Site, creating a Profile (by registering on the
Site) and / or starting Using the Site and / or starting Using the
Services, the User thereby takes implicated actions expressing the
User's full and unconditional consent to conclude this Agreement on
the terms set forth in this Agreement (without any - any limitations,
exceptions and / or exceptions to the terms of the Agreement).
The agreement is subject to change by Theeye unilaterally. The User,
during each visit to the Site and before starting to Use the Site,
Using the Services, using the Content, actual Authorization,
undertakes to familiarize himself with the version of the Agreement in
effect at the time of visiting the Site and using the Site, using the
Services and using the Content. Any implicit actions of the User and /
or the End User (as defined in clause 7.1 of the Agreement) committed
by the User after Theeye makes changes to the terms of this Agreement
and the publication of a new / low version of the Agreement on the
Site, is the User's consent to change the terms of this Agreement in
accordance with the new / measured edition of Theeye published on the
Site (without any limitation, exclusion and / or derogation from the
terms of the Agreement). The corresponding changes come into force
from the date of their publication, unless otherwise specified in the
relevant publication.
6.2.1 Theeye and the User hereby agree that Theeye is entitled to:
-
at any time, unilaterally and out of court, withdraw from the
Agreement (from the execution of the Agreement) by notifying the
User about this by publishing a corresponding notification on the
Site. At the same time, Theeye doesn’t compensate for any losses
of the User caused by such unilateral withdrawal from the
Agreement. The agreement is terminated from the date of
publication of this notice;
- revoke this License from any User;
- block the User's ability to use the Site, Use the Services.
6.2.2 If the User doesn’t agree with the changes made and / or with
the new version of the Agreement (including with any separate
provision or with the new version of the Agreement as a whole), he
must immediately leave the Site, delete the Profile and stop any Use
of the Site, Use Services and use of Content.
6.3 The Agreement is valid from the moment the User and / or the End
User commits on behalf and on behalf of the User of implicated actions
(as defined in clause 7.1 of the Agreement) expressing the User's full
and unconditional consent to conclude this Agreement, until the User
Profile is deleted and the Content is removed from the Device or the
occurrence of other conditions specified in this Agreement. The
Agreement will also terminate immediately if the User violates the
terms of this Agreement (and / or the End User acting on behalf of the
User).
6.4 Theeye hereby declares that he is the only owner of all exclusive
rights to the Site, algorithms underlying the functionality of the
Site and / or Services, individual elements of the Site, as well as
other protected results of intellectual activity that are parts of the
Site and / or its functionality, Content posted on the Site, and is
entitled to dispose of them at its discretion, within the framework of
the current legislation.
6.5 Theeye hereby declares that UAE law shall apply to the rights and
obligations of the User and Theeye under the Agreement, regardless of
the location of Theeye, the User or the User's Device.
6.6 All disputes, disagreements and claims that may arise in
connection with the execution, termination or invalidation of the
Agreement, the User and Theeye will seek to resolve through
negotiations in compliance with the mandatory claim procedure. The
period for pre-trial settlement of claims is 30 (thirty) working days
from the date of receipt of the relevant claim. However, if the
disputes that have arisen cannot be resolved through negotiations,
they will be resolved in court in accordance with the laws of the UAE
at the location of Theeye. Theeye hereby reserves the right not to
compulsorily apply the complaint procedure for resolving disputes, but
to immediately go to court.
6.7 The subject of this Agreement includes only the Content posted on
the Site at the time of the actual visit to the Site and / or Use. Any
use of the Content after it has been removed from the Site is illegal
use.