Welcome to Zayed Award for Human Fraternity Project Platform. These Terms and
Conditions ("Terms") govern your use of the Website, including the submission of artistic
works by users. By accessing or using the Website, you (hereinafter referred to as the “User”)
agree to be bound by these Terms. If you do not agree with any part of these Terms, please
refrain from using the Website.
Acceptance of Terms
- Agreement to the Terms By using the Website, you acknowledge that you have
read, understood, and agree to be bound by these Terms. If you are under the age of
18, you must obtain parental or legal guardian consent before using the Website
-
Modifications to the Terms: The Organization reserves the right to modify these
Terms at any time, without prior notice. Any modifications will be effective immediately
upon posting on the Website. It is your responsibility to review the Terms periodically.
Your continued use of the Website after any modifications constitutes acceptance of
the modified Terms.
User-Submitted Artistic Works
-
Ownership and Intellectual Property Rights Any artistic works (including paints,
drawings, music tracks, murals, poems, literature, stories, and the like) uploaded to the
Website by User ("Artwork") may be utilized by Zayed Award for Human Fraternity
(the "Organization") upon submission. User hereby acknowledge that the Artwork
uploaded are original Artwork produced by the User and that the Artwork does not
possess any pre-existing intellectual property rights, or any third party rights.
-
License Grant By uploading and submitting the Artwork to the Website, Users grant
the Organization, its partners and any other person authorized by the Organization an
exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce,
modify, adapt, publish, translate, distribute, and display the Artwork in connection with
the Organization or any of its partners or authorized persons' campaigns, initiatives,
and promotional activities. This license includes the right to sublicense the Artwork to
third parties for such purposes.
-
Artwork alterations: Users understand that the Organization may modify or alter the
Artwork as necessary for its campaigns or initiatives, without any obligation to seek the
User’s pre-approval, and by accepting the Terms the User grants such right to the
Organization.
-
Representation and Warranty Users represent and warrant that they are the sole
creator and producer of the Artwork and have the right to grant the license as described
in these Terms. Users further represent that the Artwork does not infringe upon any
third-party rights, including copyright, trademark, or any other proprietary rights.
User Responsibilities and Conduct
- Accurate Information Users are responsible for providing accurate and up-to-date
information when using the Website, particularly during the submission of Artwork. Users
must ensure that the information they provide does not violate any third-party rights,
including intellectual property rights.
- Parental Consent for Minors By accessing the Website, you affirm that you are of legal
age and have the authority to agree to these Terms on your own. Parental or legal guardian
consent must be obtained if the User is under the age of 18. If you are under the age of 18,
you affirm that you have obtained parental or legal guardian consent, and that your parent or
legal guardian has reviewed and agreed to these Terms on your behalf.
- Prohibited Conduct Users must not engage in any activity on the Website that is illegal,
fraudulent, abusive, defamatory, or otherwise objectionable. Users must not upload or submit
any Artwork that infringes upon the rights of others, including copyright, trademark, or any
other proprietary rights.
Limitation of Liability
- No Warranty The Organization makes no warranty or representation, express or implied,
regarding the Website or the Artwork submitted by users.
- Limitation of Liability To the maximum extent permitted by applicable law, the
Organization shall not be liable for any direct, indirect, incidental, consequential, or special
damages arising out of or in connection with the use of the Website or the submission of
Artwork, including but not limited to loss of profits, data, or other intangible losses.
Indemnification Users agree to indemnify and hold harmless the Organization, its affiliates,
officers, directors, employees, agents, and partners from any claims, damages, liabilities, costs,
or expenses arising out of the use of the Website, the submission of Artwork, any infringes to
third party property rights, intellectual property rights, copyrights, trademarks or any violation
of these Terms.
Governing Law : These Terms shall be governed by and construed in accordance with the
laws of Abu Dhabi, United Arab Emirates. Any disputes arising out of or in connection with
these Terms shall be subject to the exclusive jurisdiction of the courts of Abu Dhabi.
Severability If any provision of these Terms is found to be invalid, illegal, or unenforceable,
the remaining provisions shall continue in full force and effect.
User-Owned Intellectual Property
- Retained Ownership: All Artwork submitted through the Website shall be attributed to
the User, nothing in the Terms shall be interpreted to transfer the Moral right of attribution
to the Organization. For avoidance of doubt, economic rights in the Artwork and the right
to adapt and sublicense the Artwork shall be transferred to the Organization, as mentioned
in Section 2 hereabove, but in all cases such transferal and use by the Organization is limited
to the extent necessary for the Organization to fulfill its obligations under these Terms.
- Users limitation on economic rights: The transfer of rights to the Organization as
detailed above does not diminish the User's right to use, license, or sell their Artwork
independently of the Organization for personal or commercial purposes. However, Users
shall not use, sell, license, or exploit in any activity (even free of charges) the submitted
Artwork without obtaining the Organization's prior written consent. Users maintain a nonexclusive license to exploit their Artwork for personal or commercial purposes, subject to
obtaining a prior explicit written consent from the Organization for any use not authorized
under these Terms.
- Third-Party Agreements: Users acknowledge that they are solely responsible for
ensuring that their submission of Artwork does not violate any prior agreements with third
parties and that they have obtained any necessary permissions or licenses before submitting
the Artwork through the Website.
Usage by Organization Partners and Stakeholders
- Partners and Stakeholders Definition: For the purposes of these Terms, "Partners"
and "Stakeholders" refer to individuals, organizations, or entities affiliated with or endorsed
by the Organization for collaborative projects, events, or initiatives.
- Authorized Usage: The Organization may share the submitted Artwork with its
Partners for promotional and collaborative purposes, provided that such usage aligns with
the Organization's mission and values.
- Attribution and Notification: When sharing Artwork with Partners and Stakeholders,
the Organization is not obligated to notify the Users each time Partners or Stakeholders use
the artwork, even when practical. The Organization will make reasonable efforts to ensure
proper attribution to the original User, but notification to users is not guaranteed nor shall
be required and the User hereby irrevocably grants the Organization the right to share or sublicense the Artwork with any of its Partners or Stakeholders without any obligation to
notify the User for such use or sublicense.
Artwork Contribution to Collaborative Projects
- Collaborative Initiatives: Users acknowledge that their Artwork may be used in
promotional and collaborative projects or initiatives undertaken by the Organization and its
Partners. Such usage may include, but is not limited to, joint campaigns, events, publications,
publicity and / or ads.
- Mutual Cooperation: Users agree to cooperate reasonably with the Organization and
its Partners in facilitating the use of their Artwork for collaborative projects, understanding
that such collaboration may require communication and coordination.
Exclusivity and Limited Editions
- Exclusivity Agreement: The Organization, at its discretion, may enter into agreements,
with or without the User's consent, to exclusively feature certain Artwork for a defined
period or purpose. This exclusive feature may provide additional visibility and recognition to
the User’s Artwork, and the terms of such exclusivity shall be determined by the
Organization.
Artwork Preservation and Archiving
- Archival Purposes: The Organization reserves the right to retain and archive usersubmitted Artwork for historical, educational, or archival purposes, ensuring the
preservation of the artistic contributions made to the Organization.
- Public Access to Archives: While efforts will be made to respect the artist's rights, Users
acknowledge that archived Artwork may be made accessible to the public in a manner
consistent and the Organization shall take reasonable measures of preserving the artistic and
historical value.
Withdrawal of Artwork
- Withdrawal Request: Users may request the withdrawal of their Artwork from the
Website or collaborative projects by submitting a written request to the Organization. The
Organization will make reasonable efforts to accommodate such requests.
- Effect of Withdrawal: Upon withdrawal, the Organization's right to use the Artwork
for new purposes ceases, but any prior uses in accordance with these Terms, including
archival purposes, remain unaffected. In all events, any withdrawal shall be effective after 90
days from receiving the withdrawal request. Withdrawal requests can only be sent via the
official withdrawal request email at info@zayedaward.org, must be signed, and if the withdrawal request pertains to an artwork of a minor under 18, the withdrawal must be
initiated by the legal guardian or parent. The Organization reserves the right to verify the
identity and authority of the individual making the withdrawal request.
Non-Sale and Non-Waiver Clause
- Non-Sale of Artwork: Users expressly agree that they shall not sell, transfer, or
otherwise convey the submitted Artwork to any third party for monetary or non-monetary
consideration, without the explicit written consent of the Organization.
- Waiver of IP Rights to Third Parties: Users confirm that they have not and will not
waive, assign, or transfer any intellectual property rights, including but not limited to
copyright, trademark, or any other proprietary rights, in the Artwork to any third person or
entity.
- Unauthorized Transactions: Any attempt to sell, transfer, or waive the intellectual
property rights of the Artwork in violation of this clause shall be considered a material
breach of these Terms, subject to appropriate legal action by the Organization.
- Enforcement: The Organization reserves the right to take legal action to enforce this
clause and to seek remedies, including injunctive relief, damages, or any other available
legal recourse, in the event of a breach.
- Exception for Limited Editions: Notwithstanding the above, users may enter into
separate agreements with the Organization regarding the creation and distribution of
limited editions of their Artwork, subject to the terms and conditions specified in such
agreements.
Usage of Artwork by Zayed Award for Human Fraternity
- Exhibition and Display: The Organization retains the sole discretion to feature
selected Artwork in physical and virtual exhibitions, events, and promotional materials
without any obligation to seek prior consent from the User for such usage. The
Organization is explicitly not obligated to mention, credit, or refer to the artist's name when
using the Artwork in any context. The decision to provide attribution will be made at the
Organization's discretion, and the absence of such attribution does not constitute a breach
of these Terms.
- Promotional Activities: Users acknowledge that their Artwork may be utilized in the
Organization's promotional and marketing activities, including but not limited to social media,
press releases, and newsletters.
- Modifications: The Organization reserves the right to make any modifications to the
Artwork for presentation purposes, without limitation and without prior consent from the
User. Users acknowledge that they do not have the right to refuse or pursue any claims against
the Organization for such modifications. The Organization will make reasonable efforts to
ensure that any modifications respect the artistic integrity of the original creation, but the
extent and nature of modifications shall be determined solely by the Organization.
- Duration of Usage: The Organization's right to use the Artwork persists indefinitely,
even after the termination of these Terms, for archival, historical, or promotional purposes.
Gallery Access and Submission
- Content Review: The Organization reserves the right to thoroughly review all submitted
Artwork to ensure strict compliance with these Terms and to maintain the highest quality,
appropriateness, and ethical standards of the gallery content. The Organization may consider
factors such as cultural sensitivity, inclusivity, and adherence to the Organization's mission
and values during the review process.
- Submission Guidelines: Users are required to meticulously adhere to specific submission
guidelines provided by the Organization. These guidelines encompass but are not limited to,
file format, size, resolution, and any other technical requirements specified for the Artwork.
Failure to comply with these guidelines may result in the rejection of the submission.
- Publication Approval: Users acknowledge and agree that the Organization holds the
authority to take the necessary time to thoroughly review and, at its sole discretion, approve
or reject submitted Artwork for potential publication on the Website or in any promotional
materials. The Organization is not obliged to provide detailed feedback on rejection, and Users
understand that rejection may be based on factors such as, but not limited to, violation of
submission guidelines, ethical concerns, or misalignment with the Organization's mission. The
Organization reserves the right to reject any submission without explanation. Additionally,
Users acknowledge that the decision to publish or not publish the Artwork on the Website or
in any promotional materials is entirely discretionary for the Organization. Users have no right
to request or demand the publication or non-publication of their Artwork, and the
Organization retains full discretion in making such determinations.
Usage of Cookies
- Cookie Information: Users are informed that cookies may include, but are not limited
to, session cookies, tracking cookies, and persistent cookies, used for analytics,
personalization, and improving the overall User experience.
- Opt-out Options: Users have the option to manage cookie preferences through their
account settings or browser configurations. However, certain features of the Website may be
limited if cookies are disabled.
Intellectual Property Rights
- Attribution: The Organization, at its discretion, may make reasonable efforts to attribute
the authorship of the Artwork whenever it is displayed, acknowledging the creator's name.
However, the Organization is not obligated to provide attribution, and users acknowledge that
the decision to attribute or not attribute the creator's name is entirely at the Organization's
discretion. The Organization, even if the User has explicitly requested in writing, retains the
right to refuse attributing the authorship of the Artwork when displayed. However, the
Organization acknowledges and cannot deny the user's ownership of the Artwork, and the
refusal of attribution does not affect the user's ownership rights. The decision to provide or
withhold attribution is entirely at the Organization's discretion, and users acknowledge that
their written request for attribution does not impact the recognition of their ownership of the
Artwork by the Organization.
- Derivative Works: Users acknowledge and agree that the Organization has the exclusive
right to create derivative works or adaptations of the Artwork for promotional or campaign
purposes. The Organization retains the discretion to modify, alter, or adapt the Artwork while
preserving, at its sole discretion, the core elements of the original creation. Users acknowledge
that any derivative works created by the Organization shall be the property of the
Organization, and users have no claim or right to these derivative works.
- Dispute Resolution: In the event of any dispute regarding intellectual property rights,
the Organization and users agree that the Organization holds the discretion to determine the
appropriate course of action. The Organization may, at its sole discretion, engage in goodfaith negotiations with users before pursuing legal action, with the aim of reaching an amicable
resolution. However, the Organization is not obligated to engage in negotiations and may opt
for legal action without prior negotiation, if deemed necessary to protect its interests.
Termination of Access
- Notification: In the event of termination or suspension of User access, the Organization
may, at its sole discretion, provide notice including the reasons for such action, as permitted
by applicable law. However, users acknowledge that termination or suspension may occur
without prior notification, especially in cases of immediate and severe violations or when
prohibited by law, including but not limited to provisions outlined in the UAE Cybercrime Law (Federal Law No. 5 of 2012) and related regulations governing internet activities and data
protection in the United Arab Emirates.
- Effect on Artwork: Termination of user access does not impact the Organization's rights
to continue using the Artwork as per the granted license. Users acknowledge that even after
termination, the Organization retains the right to use, modify, and display the Artwork for
purposes outlined in the license granted, without any obligation to seek further approval from
the user..
Data Security
- Security Measures: The Organization employs industry-standard measures to secure User
data, including encryption and regular security audits, to protect against unauthorized access
or data breaches.
- Notification of Breach: In the event of a data breach affecting user information, the
Organization agrees to promptly notify affected users in accordance with applicable laws.
Communication Preferences
- Opt-out Mechanisms: Users can manage their communication preferences by adjusting
settings in their user accounts, allowing them to opt-out of specific types of communications
while still receiving essential notifications.
- Marketing Consent: by agreeing to the terms and conditions Users provide explicit
consent to receive marketing communications.
Amendments to Artwork Usage
- Notice of Changes: The Organization agrees to provide users with reasonable notice of
any material changes to the terms governing the usage of Artwork, allowing users the
opportunity to review and potentially object to such changes.
- Opt-out of New Terms: Users who disagree with the amended terms have the option
to opt-out by notifying the Organization in writing, which will result in the cessation of any
new usage of their Artwork.
Feedback and Contact
- Feedback Channels: The Organization encourages users to submit feedback and
inquiries through designated communication channels provided on the Website, ensuring
prompt and appropriate responses.
- Use of Feedback: By providing feedback, users grant the Organization a non-exclusive,
royalty-free, perpetual license to use, modify, and incorporate such feedback into the
improvement of its services.
Entire Agreement
- Superseding Prior Agreements: These Terms constitute the entire agreement between
users and the Organization, superseding any prior oral or written agreements, understandings,
or representations.
- No Waiver of Rights: The failure of the Organization to enforce any provision of these
Terms shall not be considered a waiver of its right to enforce such provision in the future.
By using the Website, you acknowledge that you have read, understood, and agreed to these
Terms and Conditions. If you do not agree with any part of these Terms, please refrain from
using the Website.