Microsite Usage Agreement & Content Requirements for Microsite (Ceased to be in force October 12, 2021)
1. General Provisions
1.1. This document Microsite Usage Agreement & Content Requirements for Microsite is a proposal Search Location Limited of the legal entity registered in accordance with the laws of of the Republic of Cyprus, having its registered address at: Office 11, 27 Evagorou Av., 1066, Nicosia, the Republic of Cyprus (hereinafter referred to as the Administration) to conclude with you (the User) an agreement based on the terms of the Agreement set out below.
In the cases provided by the 2GIS Service Usage Agreement (http://law.2gis.ae/rules), the User is given the opportunity to post (including transmit from external sources), edit and delete images, text and other objects of copyrights and/or allied rights (Content) including the following Content:
Content — information materials provided by the User, as well as other materials including text, graphic, audio, video and other materials and other objects of copyrights and/or allied rights.
Administration Microsite / Microsite — a website hosted in the domain at 2gis.biz.
Microsite Skin — an image uploaded from the User`s computer or from the photo gallery of the Personal Account posted in a special field accessible for the User.
Platform — soft hardware integrated with the Administration Microsite.
User — a legally capable individual included in this Agreement to his\her own advantage or acting on behalf of the legal entity represented by him/her.
Agreement — this agreement containing all supplements and amendments.
Company Text — clarification discovering the essence of Company`s activity and posted in a special field accessible for the User.
Photos — photo images explicitly related to the activity of legal entity/ individual entrepreneur (company) and posted by the User to inform other Users of the company and its activity.
1.3. The User`s Content shall comply with the requirements provided by the 2GIS Service Usage Agreement posted and/or being accessible in the Internet at http://law.2gis.ae/rules, as well as the requirements as provided herein.
When concluding this Agreement/ having taken the functional advantages of the Microsite, you shall confirm that:
a) you have studied the terms of this Agreement, the 2GIS Service Usage Agreement, the License Agreement for Using Software and\or Online Services of 2GIS posted in the Internet at https://law.2gis.ae/licensing-agreement/ (hereinafter referred to as the License Agreement) and non-disclosure policy posted in the Internet at https://law.2gis.ae/privacy/ (hereinafter referred to as the Non-disclosure Policy) to the full extent before using the 2GIS Services;
b) you accept all terms of this Agreement, the 2GIS Service Usage Agreement, the License Agreement, the Non-disclosure Policy to the full extent and with no any omissions and limitations on your part and undertake to comply them or terminate to use the Microsite. In the event you disagree with the terms of this Agreement and\or the License Agreement, or you are not authorized to conclude an agreement based on them, you should terminate any use of the Microsite immediately.
1.4. The Administration shall grant the registered and/or authorized User the right to use the functions of the Administration Microsite posted in the domain at 2gis.biz on the terms of an open (non-exclusive) nontransferable license within the functional capabilities of the Microsite in the territory of Ukraine, the United Arab Emirates.
1.5. The User shall be allowed to post (including upload from the User`s computer or from the photo gallery of the Personal Account), edit and delete images on the Microsite Skin, change the Microsite color set, select various options of action buttons on the Microsite among the following options: Write to WhatsApp, Telegram, Viber, Call, Map a Vehicle Way/Route, change the color of action buttons, change the link that is a part of the Write to WhatsApp, Telegram, Viber button, change the phone numbers that are included in the Call button, change the route to the affiliated company that is included in the Map a Vehicle Way/Route button, as well as add and delete photos on the Microsite, post, edit, delete the Company Text, as well as other objects of copyrights and\or allied rights, as well as provide the Content in the form information materials to be posted in compliance with the limitations and guarantees specified in Section 4 of this Agreement. The User shall be allowed to change the Microsite title that is before domain 2gis.biz provided that the following technical requirements are met: the Microsite title must contain Latin letters, Arabic figures. Bad words, obscene and offensive images, comparisons and expressions are prohibited in the Microsite title.
1.6. The Administration shall be entitled to set limits for the Content scope posted by the User, as well as implement other technical limitations for using the Platform and/or the Administration Microsite that will be conveyed to the Users from time to time in the form or by the way at the Administration`s option.
1.7. It is strictly prohibited to use the Administration Microsite in other ways including by copying (reproducing) the Content posted on the Microsite, as well as the design elements involved in the Administration Microsite set, the computer programs and databases, decompile and modify them.
1.8. The personal data provided by the User shall be processed under the terms of this Agreement, as well as under the terms fixed in the Non-disclosure Policy.
2. Requirements for Photos and Comments (Company Text/ Company Profile) Published by the User
2.1. General requirements for the Photos and Comments published by the User:
2.1.1. Photos with text are prohibited to post on the Microsite (excluding the menu photos of catering companies);
2.1.2. It is prohibited to post the Photos containing price, information regarding the campaigns, promotional events conducted by the User and/or his/her partners;
2.1.3. The Photos shall relate to the User`s activity: contain the images of service delivery/work performance process, goods selling process (for example, the images of shelves with goods, groups of goods, window dressing), contains images of the interior of the User`s premises used by him/her to carry out his/her activity;
2.1.4. It is prohibited to post the Photos containing price, the Photos of posters if such image is a main subject;
2.1.5. It is prohibited to post the Photos containing reference information (phone number, list of services provided, links to resources in the Internet, etc.);
2.1.6. It is prohibited to post the Photos containing misleading information;
2.1.7. It is prohibited to post photographs containing information calling for a violation of the current legislation of the UAE;
2.1.8. It is prohibited to post photographs containing links to resources on the Internet, the content of which contradicts the current legislation of the UAE;
2.1.9. It is prohibited to post the Photos containing logos (trademarks, service marks) if such image is a main subject;
2.1.10. It is prohibited to post the Photos containing offensive, pornographic, violence-encouraging information, as well as information related to tragic events, depicting the attributes of funeral services, unaesthetic highly specialized activities — mouth, body abnormalities, etc.)
2.1.11. It is prohibited to post the Photos containing weapon and/or items structurally similar with weapon. Exclusions are the Photos containing items structurally similar with the weapons and used in paintball, lasertag, strikeball, etc. The Photos demonstrating the under-age participants of paintball, lasertag, strikeball games, as well as the participants not wearing specialized outfit are prohibited.
2.1.12. It is prohibited to post the Photos containing naked or semi-naked models and demonstrating erotic goods;
2.1.13. It is prohibited to post the Photos disclosing personal data and other confidential information regarding third parties without the written consent from the persons depicted in the Photos.
2.1.14. It is prohibited to post the Photos in which the image of a person is in the forefront and covers the subject;
It is prohibited to post the Photos containing the images of a person and not taken in places open to the public or during a public event.
2.1.15. The Photos should be of high quality; fuzzy, improper rotated and too dark Photos are not allowed to post.
2.1.16. The images created with using a graphic editor program is prohibited to post.
2.1.17. If on the Photo of an object, the main image is a building, the latter must be fully depicted (distant view). Do not post the Photos of entrances, posters and other local parts of building in the building profile.
2.2. The technical requirements for the Photos, the Company Text, the Microsite Skin posted by the User are specified in the Technical Requirements for the design of materials to be posted in 2GIS allocated in the Internet at https://static.2gis.com/files/7cd3a8ef9dcb6fdc.pdf
2.3. When the User posts the Photos, the Company Text, the Microsite Skin and other Content, the Requirements for advertising materials posted on the Site at https://law.2gis.ae/advert-rules/requirements/ are obligatory for use.
3. Requirements for the Content Provided by the User
3.1. For the purposes of this section:
The User shall provide the Content to the Administration through the Personal Account the use of which is governed by the 2GIS Service Usage Agreement posted in the Internet at http://law.2gis.ae/rules, to the extent and in the form ensured by the functional capabilities of the Personal Account.
3.2. The Administration shall be entitled to review the subject matter of the Content. In the event that while carrying out such review, the Administration detects corrupt content, content violating these Requirements, the 2GIS Service Usage Agreement, the Administration has the right to remove the entire Content presented by this User from publication in 2GIS Software Programs without prior notice to the User.
3.3. The Content provided by the User shall be depicted in 2GIS Software Programs in the sequence and form defined by the Administration at its own discretion. The 2GIS Software Programs containing the User`s Content shall be shared under the terms of the License Agreement.
4. User`s Guarantees
Taking into account the terms of this Agreement, you shall confirm and guarantee that:
4.1. You enjoy all the rights and powers necessary to conclude a Microsite usage agreement and its execution;
4.2. You will use the Microsite wholly for the purposes permitted by this Agreement in compliance with its provisions, as well as the requirements of the License Agreement, applicable law and common practice;
4.3. You will not perform any actions that conflict with or prevent from the provision of the Microsite or the operation of relevant equipment, networks or software by means of which the Site is provided.
4.4. Using the Microsite for specific purposes, you do not violate the regal requirements for advertisement and competition, violate or infringe the property and/or personal non-property rights of third parties, as well as the prohibitions and restrictions established by applicable law, including without limitation: do not violate copyrights and/or allied rights; trademark rights, service mark and product origin rights, industrial sample rights, rights to use images of people; the Content posted by you does not violate the regal requirements for advertisement and competition, does not contain personal data of third parties, the permissions for processing and transferring of which have not been previously obtained, the information and/or images insulting the honor, offending the dignity and goodwill of persons, as well as stirring up violence, pornography, drugs, racial or national hatred, and all the required permissions associated with using the Content have been received by you from authorized persons.
4.5. The User shall be held fully and solely liable for the compliance of the Content, including the Microsite Skin, the Photos, the Company Text with the legal requirements including for their content and legitimacy to use intellectual property items in them, for the fact that the Content including the Microsite Skin, the Photos, the Company Text do not violate the legal requirements for advertisement and competition, for the availability of required permissions to produce and sell objects, obtaining the certificates for goods (works, services) advertised or confirming their compliance with the technical regulations in the prescribed manner, as well as for other commitments within the guarantees provided by this Agreement.
4.6. In the event that the usage of the Microsite by the User, posting the Content provided by the User including the Microsite Skin, the Photos, the Company Text resulted in any claims or demands against the Administration and/or orders to pay damages or compensation from third parties and/or state authorities or initiation of administrative proceedings, the User shall undertake to submit all requested information regarding a subject of dispute without delay at the Administration`s request and assist the Administration in resolving such demands, claims etc., and shall also reimburse to the Administration all damages, costs, expenses and losses (including legal costs and fines) incurred by the Administration due to initiation, handling and enforcement of such claims, demands, orders, and administrative proceedings in connection with such claims.
Agreeing with the terms of this Agreement, you shall understand and acknowledge that:
5.1. The Site is provided under the terms «as it is», and therefore you are not provided with any guarantees that the Site will comply with your requirements; be available at all times, promptly, securely and without fails; the results that may be obtained with using the Microsite will be accurate, complete and reliable and may be used for some purposes or as something (for example, to establish and/or prove some facts); the quality of some product, service, information and other Content obtained with using the Microsite will meet your expectations; all errors in Microsite software will be rectified.
The Administration is not responsible for any direct or indirect consequences of any usage or failure to use the Microsite and/or damage caused to the User and/or third parties as a result of any usage, non-usage or failure to use the Microsite or its separate components and/or functions including due to possible errors or failure in operation of the Microsite, except as expressly provided by law.
5.2 Because of continuous amendments and updates of Site functions, the form and nature of the Microsite may change from time to time without prior notice to you. The Administration has the right, at its own discretion, to terminate (temporary or finally) access to the Site (or its separate functions) for all Users in general or in particular for you without prior notice to you.
5.3. The Administration shall not be obliged to review the Content posted (including transmitted one) by the User and/or provided to be posted, and it shall not be obliged to review the subject matter, authenticity and safety of this Content or its components, as well as its compliance with the requirements of applicable law and whether the User has the necessary scope of rights to use the Content.
The User shall acknowledge and agree that the Administration is entitled (but not obliged), at its own discretion, to refuse to post the Content provided by the User or delete any Content. The User recognizes and agrees that he/she should apply his/her own judgment on all risks associated with the Content usage including the assessment of reliability, completeness and applicability of this Content.
5.4. In particular, you are prohibited to use the Microsite as follows:
posting and/or sharing the infringing Content;
posting and/or sharing the Content of pornographic nature, as well as popularizing pornography and children`s erotic and advertising sex-work services;
posting and/or sharing the Content being an act of unfair competition;
positing and/or sharing the Content containing profanity or one made up in gross violation of common spelling and punctuation rules, and the Content that contains a sequence of capital and lower-case letters written with the Caps Lock key being active;
posting and/or sharing any prohibited information including materials of extremists nature, as well as ones aimed at the discrimination of human rights and freedoms on the grounds of race and nationality, confession, language and gender, the materials stirring up to commit violations against a human being, or to inhuman treatment of animals, calling for other illegal actions, including a procedure of production and use of weapons, narcotic drugs and their precursors, etc.;
posting, storing, sharing or otherwise providing access to computer viruses, Trojans and other malicious software;
posting corrupt and outdated information materials;
positing outdated Content;
privileged or exclusive posting the links to other sites;
posting the links to the resources in the Internet the content of which contradicts the current laws;
access restriction to posted or transmitted files with using a password or otherwise;
posting advertising materials in personal messages to other Users without their prior consent to receive such materials (SPAM);
disclosure of personal data or other confidential materials of third parties;
positing and/or sharing the Content on behalf of a person who has not granted the User the appropriate rights to post the Content on his/her behalf;
positing and/or sharing any information which, according to the Administration, is undesirable, does not correspond to the Microsite goals, infringe the interests of other Users and other third parties, or be undesirable for publication for some other reasons.
5.5. Regardless of the prohibition established, while using the Microsite, you may get the Content that you may consider as containing offensive or obscene information and also otherwise violating the applicable law, rights and/or interests of third parties.
5.6. The User who has created this Content and/or provided it to be posted and depicted, and/or added it to the Site shall be fully responsible for the subject matter of the Content and its compliance with the requirements of applicable law.
5.7. If your rights and/or interests associated with the Microsite, including posting the Content by other User are found violated, you should inform the Administration about it. For this purpose, you should forward a written notice to the Administration, such notice should include the detailed circumstances of such violation and a hyperlink to the Microsite page that contains materials violating your rights and/or interests.
5.8. In case of any claims from third parties regarding the violation of any property and/or personal non-property rights of the third parties, as well as the prohibitions and restrictions established by law, you shall be obliged to undergo a formal identification at the Administration`s request, having provided the Administration with a guarantee to settle the claims on your own and at your own expenses, indicating your passport data for transferring the specified information by the Administration to the person who has submitted the relevant claim.
5.9. If the Administration receives a statement from the right holder regarding the intellectual right violation resulted from posting the Content by the User or by his/her order, the Administration shall reserve the right to delete any Content immediately. In this case, the Administration shall not assume any obligations to notify the User of the deletion of the Content and to settle a possible dispute and pay compensation for any losses associated with the specified activities.
5.10. Taking into account the information intermediary`s responsibility established by law for positing and providing access to the illegal Content, the Administration shall reserve the right to delete any Content immediately. In this case, the Administration shall not assume any obligations to notify the User of the deletion of the Content and to settle a possible dispute and pay compensation for any losses associated with the specified activities.
5.11. In case of multiple or gross violations of the terms of this Agreement, the License Agreement and/or the legal requirements, the Administration shall reserve the right to freeze your account in whole, delete your account or otherwise limit (terminate) the provision of the Microsite, bring the Microsite look back to initial configurations.
5.12. Should the Administration be liable or charged with a penalty in connection with the violations of rights and/or interests of third parties engaged in by you, as well as the prohibitions and restrictions established by law, you are obliged to reimburse the Administration`s losses to the full extent.
5.13. The Administration shall reserve the right to post advertising materials and links to other resources in the special chunks on the Site, while the Administration shall bear no responsibility for advertising materials and the availability for such resources, for their Content, as well as for any consequences associated with the usage of these resources, their Content or adverts.
5.14. The Administration shall avoid any responsibility resulted from the violations engaged in by you, as well as damages or losses inflicted to you under the circumstances above.
5.15. The Administration shall bear no responsibility for using the personal data of Users/third parties accessible to public by anyone.
6. Violation of any Clause of this Requirements may Cause the Following Consequences:
Hiding, deleting the Content;
Limitation or termination of access to the Microsite through other means;
Sanctions for violation of these Requirements shall be imposed at the Contractor`s discretion with no need for prior notice and additional explanations.
7. Terms of Content Usage
7.1. The User shall guarantee that all the Content provided by him/her is relevant, accurate and true; not violating the property and/or non-property rights of third parties, as well as the prohibitions and restrictions established by the applicable legislation, including with no limitation copyrights and allied rights, trademark rights, service mark and product origin rights, industrial sample rights, rights to use images of people.
7.2. The User shall allow the public at large to access to the Content, the User shall confirm his/her consent to sharing the Content by the Administration to third parties. In addition, the User`s Content is allowed to be transmitted by means of API tools on third-party platforms as a part of information of a company/individual entrepreneur or other object that is already presented in software programs.
7.3. The Administration shall be entitled to post the Content provided by the User on the Site.
8.1 This Agreement can be amended or terminated by the Administration unilaterally with no prior notice to the User and no compensation paid in this regard.
8.2. The current revision of this Agreement is posted on the Administration`s Site and available in the Internet at https://law.2gis.ae/microsite
Revised on 12.08.2021