The Visual Work Agreement
The Visual Work Agreement (“Agreement”, and/or “Terms and Conditions”) is made by and between Masaar and you and you and your heirs, agents, successors and assigns (collectively, “Customer” and/or “Customers”), and is made effective as of the date of acceptance. This agreement sets forth the terms and conditions that applies to the purchases of any creative visual work done by and/or owned by Masaar (“Visual Work” and/or “Visual Works”) by the Customer.
Your acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by these terms and conditions along with all other applicable Masaar agreements which are incorporated herein by reference.
The terms “we”, “us”, or “our” shall refer to Masaar. The terms “you”, “your”, “user”, or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Masaar reserves the right, in its sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and without notice. Any such changes or modification shall be effective immediately upon posting to this website (“Website“). If you do not agree to be bound by this Agreement as last revised as indicated by the “Last Revised” date located at the bottom of this Agreement, do not use or continue to use the Services or the Website. Masaar may occasionally notify you of changes or modifications to this Agreement or the Visual Identity Services by email so it is very important that you keep your account information current and up to date. Masaar is not responsible and assumes no liability for your failure to receive an email notification if such failure results from inaccurate or out-dated account information.
1. Transfer of the Ownership
Upon completion of this Agreement, the Customer will solely hold the ownership rights and/or copyrights to the Visual Work and/or Visual Works listed in the Quotation.
2. The Quotation
The agreed upon quotation, attached to this Agreement and filed by Masaar under reference [Ref.No.] (“Quotation”) is of significant importance to this Agreement. the Quotation states a single Visual Work or a list of Visual Works that the Customer expresses the interest in purchasing. The Quotation states the fees of the listed Visual Work and/or Visual Works the Customer must pay to Masaar (“Fees”) in order to transfer the ownership of the listed Visual Work and/or Visual Works to the Customer.
The Customer must make a single-sum payment of the Fees at the time of signing this Agreement. Delaying the payment would result in the termination of the Agreement and entitles Masaar for a compensation decided by Masaar for any occured loss due to the Agreement and its termination.
You agree to release, defend, indemnify and hold harmless Masaar, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney’s fees, arising out of or related in any way to this Agreement, the Services provided hereunder by Masaar, the Website or your account manager, your Account with Masaar, your use of the Services, and/or disputes arising in connection with the Services.
If we are sued or threatened with legal action in connection with Stationery Manufacturing Services provided to you under this Agreement, you agree to release, defend, indemnify and hold harmless Masaar and under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter. Such deposit will be held in trust with a licensed attorney and will be drawn down as expenses are incurred, with all account notices sent to the primary contact information provided in your Account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Stationery Manufacturing Services for a failure to deposit such funds. We will return any unused deposit upon the later of one year from deposit or the legal conclusion of the matter.
5. Warranty Disclaimer
MASAAR, ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE STATIONERY MANUFACTURING SERVICES PROVIDED HEREUNDER, THE WEBSITE OR ANY WEB SITES LINKED TO THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRAR. ALL SERVICES, AS WELL AS THE WEBSITE, ARE PROVIDED “AS IS”. YOUR SUBSCRIPTION TO, AND USE OF, MASAAR SERVICES AND ITS WEBSITE ARE ENTIRELY AT YOUR RISK. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MASAAR, ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES CONSTITUTE LEGAL, FINANCIAL, OR TAX ADVICE AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE AS SUCH. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
6. Limitations of Liability
YOU AGREE THAT MASAAR WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEBSITE OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU ALSO AGREE THAT MASAAR WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT FOR THE PRIOR 3 MONTHS OF SERVICES PAID FOR UNDER THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You may not assign any of your rights or privileges, or delegate any of your duties or obligations hereunder, in whole or in part, by operation of law or otherwise, to any third party without the prior written consent of Masaar. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
Masaar reserves the right, in its sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and without notice. Any such changes or modification shall be effective immediately upon posting to the Website. If you do not agree to be bound by this Agreement as last revised as indicated by the “Last Revised” date located at the bottom of this Agreement, do not use or continue to use the Services. You agree that your exclusive remedy is to transfer your Services to another registrar or request us to terminate your Services under this Agreement. Masaar may occasionally notify you of changes or modifications to this Agreement or the Services by email so it is very important that you keep your account information current and up to date. Masaar is not responsible and assumes no liability for your failure to receive an email notification if such failure results from inaccurate or out-dated account information.
This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior understandings and agreements between the parties, whether written or oral, regarding the subject matter herein. Any of the provisions of this Agreement which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable the remaining provisions hereof or affecting the validity or unenforceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach or violation of any provision of this Agreement will not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of this Agreement. The headings contained in this Agreement are for convenience only and shall not affect meaning or interpretation of this Agreement.
8. Contact Information
If you have any questions or concerns about anything found in this Agreement or other agreements with Masaar, please contact us by regular mail, courier, or email to the following address:
Falaj Al Mualla, Umm Al Qaiwayn,
United Arab Emirates,
Technical Support/Customer Service:
Falaj Al Mualla, Umm Al Qaiwayn,
United Arab Emirates,
9. Governing Law
This Agreement and its subject matter shall be governed in accordance with the laws of, including, but not limited to:
(a) UAE Federal Legislations;
(b) Abu Dhabi Courts Legislations;
(c) Dubai Courts Legislations;
without regard to conflict of laws and principles contained therein with the exception of disputes related to the Domain Name Registration Agreement which fall under UDRP,URS, or similar dispute resolution process as defined by various Registry policies incorporated or made reference to herein. All other services provided are subjected to the local and federal copyright and intellectual property laws and principles of United Arab Emirates.