Terms of Use
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY DMS GLOBAL. ("DMS”) OR (“DMS GLOBAL”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT [www.dmsuniverse.com (THE "SITE") AND ALL SERVICES PROVIDED BY DMS GLOBAL ON THE WEBSITE.
By using the website in any manner, including but not limited to visiting or browsing the website, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the website, including without limitation users who are contributors of content, information and other materials or services on the website.
If you have any questions, please refer to the Contact US section of the website.
1. Our Role
DMS GLOBAL is a company that provides an online service called DMS Universe.
DMS GLOBAL allows its members (referred to as Users hereunder), who accept the terms of this agreement to use the platform DMS Universe
DMS GLOBAL does not sell or interfere in any way in the production nor distribution of any products or services represented by Users. DMS GLOBAL provides the users with the ability to search for and find other users to communicate via this website.
It is important for users to understand that DMS GLOBAL does not in any way independently verify the representations or items of users, the standards or the quality of any products or services, or that a user is in compliance with applicable laws.
DMS GLOBAL does not in any way guaranty the quality or accuracy of any product or service or that any product or service complies with applicable laws and does not guarantee matching the products or services displayed or mentioned on the website of what is actually provided to the users.
2. Membership Eligibility Age: DMS GLOBAL's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. DMS GLOBAL may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use DMS GLOBAL's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by DMS GLOBAL's policies as stated in the Agreement as well as all other policies and procedures that may be published from time to time on the website by DMS GLOBAL, which may be updated by DMS GLOBAL from time to time without notice to you.
In addition, some services offered through the website may be subject to additional terms and conditions promulgated by DMS GLOBAL from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify DMS GLOBAL of any unauthorized use of your password or any breach of security. You also agree that DMS GLOBAL cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than DMS GLOBAL without DMS GLOBAL's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address and phone number. Users are solely responsible for verifying the accuracy of their information, and DMS GLOBAL shall have no liability or responsibility for any such erroneous information.
Right to Refuse Service: DMS GLOBAL's services are not available to temporarily or indefinitely suspended DMS GLOBAL’s users. DMS GLOBAL reserves the right, in DMS GLOBAL 's sole discretion, to cancel unconfirmed or inactive accounts. DMS GLOBAL reserves the right to refuse service to anyone, for any reason, at any time.
3. Listing
Items must accurately be described in DMS GLOBAL. Listings may only include descriptions, graphics, pictures and other content relevant to that item. All items must be listed in an appropriate category with appropriate tags.
4. Prohibited Items and Activities
You are solely responsible for your conduct and activities on and regarding to DMS GLOBAL and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on DMS GLOBAL.
Restricted Activities: Users’ contents and use of DMS GLOBAL shall not:
1. Be false, inaccurate or misleading.
2. Be fraudulent.
4. Violate this Agreement, any website policy or community guidelines, or any applicable law.
5. Be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including DMS GLOBAL’s staff or other users), or falsely state or otherwise misrepresent your affiliation with any person or company, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
6. Take any action that may undermine online reviews or feedback.
7. Be obscene or contain child pornography.
8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
9. Modify, adapt or hack DMS GLOBAL or modify another website so as to falsely imply that it is associated with DMS GLOBAL;
10. Appear to create liability for DMS GLOBAL or cause DMS GLOBAL to lose (in whole or in part) the services of DMS GLOBAL's website.
11. Link directly or indirectly, reference or contain descriptions of items that are prohibited under this Agreement, the laws of the Kingdom of Bahrain or any other applicable law, or other policy documents as posted on DMS GLOBAL.
Furthermore, users may not present any item on DMS GLOBAL that, by taking this action, could cause DMS GLOBAL to violate any applicable law or regulation, or that violates the Terms of Use.
5. Content License:
DMS GLOBAL does not claim ownership rights in your Content. You grant DMS GLOBAL a license solely to enable DMS GLOBAL to use any information or Content you supply DMS GLOBAL with, so that DMS GLOBAL is not violating any rights you might have in that Content. You grant DMS GLOBAL a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow DMS GLOBAL to store, translate, or re-format your Content on DMS GLOBAL and display your Content on DMS GLOBAL in any way DMS GLOBAL chooses. DMS GLOBAL will only use personal information in accordance with the Applicable Law and Privacy Policy mentioned herein.
As part of a transaction and/or interaction, a user may obtain personal information, including email address and other information, from DMS GLOBAL’s users. Without obtaining prior permission from the user, this personal information shall only be used for that transaction/ interaction or for DMS GLOBAL’s related communications. DMS GLOBAL has not granted the users a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, other users are not licensed to add any DMS GLOBAL’s user to their email or physical mail list. For more information, contact DMS GLOBAL.
Re-Posting Content: By posting Content on DMS GLOBAL, it is possible for an outside website or a third party to re-post that Content. You agree to hold DMS GLOBAL harmless of any dispute concerning this use. If you choose to display your own DMS GLOBAL’s hosted image on another website, the image must provide a link back to its listing page on DMS GLOBAL.
Idea Submissions: DMS GLOBAL considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the website or otherwise (other than the content and items presented on the website by users) (collectively, the "Material") to be non-confidential and non-proprietary, and DMS GLOBAL shall not be liable for the disclosure or use of such Material. If, at DMS GLOBAL's request, any member sends Material to improve the website (for example through the Forums or to customer support), DMS GLOBAL will also consider that Material to be non-confidential and non-proprietary and DMS GLOBAL will not be liable for use or disclosure of the Material. Any communication by you to DMS GLOBAL is subject to this Agreement. You hereby grant and agree to grant DMS GLOBAL, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
6. Information Control
DMS GLOBAL does not control the Content provided by users that is made available on DMS GLOBAL. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence. DMS GLOBAL might take actions against a user and/or user’s contents upon DMS GLOBAL’S sole discretion, actions may include suspension or deletion of accounts and/or contents.
Additionally, there may also be risks dealing with inaccurate and deceptive representation. By using DMS GLOBAL, you agree to accept such risks and that DMS GLOBAL (and DMS GLOBAL's officers, directors, agents, subsidiaries, joint ventures and employees) are not responsible for any and all acts or omissions of users on DMS GLOBAL.
Other Resources: DMS GLOBAL is not responsible for the availability of outside websites or resources linked to or referenced on the website. DMS GLOBAL does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that DMS GLOBAL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
7. Meetings
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with DMS GLOBAL's policies and acknowledge and agree to comply with the Laws and Regulations of the Kingdom of Bahrain and/or the Laws and Regulations of the related countries and Applicable Laws. DMS GLOBAL is not involved with user generated groups (which are created out of the website), the groups' requirements, or the Meetings.
DMS GLOBAL does not supervise or control the Meetings, user-initiated online or offline gatherings (which are created out of the website), or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that DMS GLOBAL does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups (created out of the website) or User Fees: Some user-generated groups (which are created out of the website) on DMS GLOBAL may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. DMS GLOBAL IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO DMS GLOBAL; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY DMS GLOBAL, AND DMS GLOBAL HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT DMS GLOBAL IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, DMS GLOBAL USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
8. Resolution of Disputes and Release
Disputes with DMS GLOBAL: In the event a dispute arises between you and DMS GLOBAL, please contact DMS GLOBAL. Any question, controversy or claim arising under or relating to this Agreement, including without limitation any such matter or for any breach hereof, shall be settled by arbitration in accordance with the rules of the GCC Centre for Arbitration and the provisions of the laws of the Kingdom of Bahrain relating to arbitration, as said rules and laws are in effect on the date of this Agreement. The arbitration shall be conducted in the Kingdom of Bahrain, by and before a single arbitrator, who is experienced in the problem or problems in dispute, to be agreed upon by both parties, or if they are unable to agree upon an arbitrator within ten (10) days after written demand by either party for arbitration, then, at the written request of either party, the arbitrator shall be appointed by the GCC Centre for Arbitration, proceedings to obtain a judgment with respect to any award rendered hereunder shall be undertaken in accordance with the laws of the Kingdom of Bahrain including the conflicts of law’s provisions thereof.
Each party shall pay one-half of the arbitrator's fees and expenses. Upon application to the arbitrator, the parties shall be entitled to limited discovery, including only exchange of documents and only depositions on such terms as the arbitrator may allow for purposes of fairness and to reduce the overall time and expense of the arbitration.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, DMS GLOBAL encourages you to contact the user or third party to resolve the dispute amicably.
If a user is unable to resolve a dispute resulting from a transaction and/or interaction that occurs on DMS GLOBAL, they may choose to contact DMS GLOBAL’s in order to provide a solution. Issues are escalated for review and recommendation by DMS GLOBAL. DMS GLOBAL provides its amicable resolution suggestion for the benefit of users. DMS GLOBAL does so in DMS GLOBAL's sole discretion, and DMS GLOBAL has no obligation to resolve disputes between users or between users and outside parties. To the extent that DMS GLOBAL attempts to resolve a dispute, DMS GLOBAL will do so in good faith based solely on DMS GLOBAL's policies. DMS GLOBAL will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to the local law enforcement, or a certified mediation or arbitration entity, as applicable.
You release DMS GLOBAL (and DMS GLOBAL's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
9. DMS GLOBAL's Intellectual Property
DMS GLOBAL, and other DMS GLOBAL graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of DMS GLOBAL in the Kingdom of Bahrain and/or other countries. DMS GLOBAL's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
10. Access and Interference
DMS GLOBAL may contain robot exclusion headers that contain internal rules for software usage. Much of the information on DMS GLOBAL is updated on a real-time basis and is proprietary or is licensed to DMS GLOBAL by DMS GLOBAL's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access DMS GLOBAL for any purpose whatsoever, except to the extent expressly permitted by and in compliance with DMS GLOBAL's policies, or otherwise without DMS GLOBAL's prior express written permission. Additionally, you agree that you will not:
1.Take any action that imposes, or may impose, in DMS GLOBAL's sole discretion, an unreasonable or disproportionately large load on DMS GLOBAL's infrastructure.
2.Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in DMS GLOBAL from the website except to the extent expressly permitted by and in compliance with DMS GLOBAL's policies, or otherwise without the prior express written permission of DMS GLOBAL and the appropriate third party, as applicable.
3.Interfere or attempt to interfere with the proper working of the website or any activities conducted on the website.
4.Bypass DMS GLOBAL's robot exclusion headers or other measures DMS GLOBAL may use to prevent or restrict access to DMS GLOBAL.
11. Breach
Without limiting any other remedies, DMS GLOBAL may, without notice, and without refunding any fees, delay or immediately remove Content, warn DMS GLOBAL's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the website, and take technical and legal steps to keep a user off the website and refuse to provide services to a user if any of the following apply:
DMS GLOBAL suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, or other policy documents and community guidelines incorporated herein; DMS GLOBAL is unable to verify or authenticate any of your personal information or Content; or
DMS GLOBAL believes that a user is acting inconsistently with the letter or spirit of DMS GLOBAL's policies, has engaged in improper or fraudulent activity in connection with DMS GLOBAL or the actions may cause legal liability or financial loss to DMS GLOBAL's users or to DMS GLOBAL.
DMS GLOBAL reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on DMS GLOBAL.
12. Privacy
Except as provided herein, DMS GLOBAL will not sell or disclose your personal information (as defined in this Agreement) to third parties without your explicit consent. DMS GLOBAL stores and processes content that are protected by physical as well as technological security. Please refer to the Privacy Policy in https://dmsuniverse.com/privacy
13. No Warranty
DMS GLOBAL, DMS GLOBAL'S subsidiaries, officers, directors, employees, and DMS GLOBAL’s suppliers provide DMS GLOBAL’s website and Services “as is” and without any warranty or condition, express, implied or statutory. DMS GLOBAL, DMS GLOBAL’s subsidiaries, officers, directors, employees and DMS GLOBAL’s suppliers specifically disclaims any implied warranties of title, merchant ability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from DMS GLOBAL shall create any warranty.
14. Liability Limit
In no event shall DMS GLOBAL, and (as applicable) DMS GLOBAL’s subsidiaries, officers, directors, employees or DMS GLOBAL’s suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connections with the use of the website, DMS GLOBAL's services, or this agreement, including without limitation, bodily injured and health issues, emotionally distress, or any special, incidental or consequential damages.
15. Indemnity
You agree to indemnify DMS GLOBAL and (as applicable) DMS GLOBAL's subsidiaries, affiliated, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
16. No Guarantee
DMS GLOBAL does not guarantee continuous, uninterrupted access to the website, and operation of the website may be interfered with by numerous factors outside DMS GLOBAL's control.
17. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
18. DMS GLOBAL Service
DMS GLOBAL reserves the right to modify or terminate the DMS GLOBAL service for any reason, without notice, at any time. DMS GLOBAL reserves the right to alter these Terms of Use or other website policies at any time, so please review the policies frequently. If DMS GLOBAL makes a material change, DMS GLOBAL will notify you here, by email, by means of a notice on our home page, or other places DMS GLOBAL deems appropriate. What constitutes a "material change" will be determined at DMS GLOBAL's sole discretion, in good faith, and using common sense and reasonable judgment.
19. Governing Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the Kingdom of Bahrain.
20. Survival
Sections 5 (Content License), 6 (Information Control), 7 (Meetings, Groups (created out of the website) or User Fees), 8 (Resolution of Dispute and Release), 9 (DMS GLOBAL's Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guarantee), 17 (Severability), 19 (Governing Law) shall survive any termination or expiration of this Agreement.
21. Notices
Except as explicitly stated otherwise, any notices shall be given by registered mail to DMS GLOBAL; DMS Global, P.O Box 30063, Diraz, Bahrain or www.dmsuniverse.com (in the case of DMS GLOBAL) or, in your case, to the email address you provide to DMS GLOBAL (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, DMS GLOBAL may give you notice by registered mail to the address provided to DMS GLOBAL. In such case, notice shall be deemed given three days after the date of mail delivery.
For issues with intellectual property, please provide the notice as specified in
DMS GLOBAL's [DMS Global, P.O Box 30063, Diraz, Bahrain or www.dmsuniverse.com ].
22. Disclosures
The services hereunder are offered by DMS GLOBAL [DMS Global, P.O Box 30063, Diraz, Bahrain], you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.