Terms & Conditions
Welcome to RDS Publishers. These are the terms and conditions governing your access to and use of the website RDS Publishers and its related sub-domains, sites, services and tools (the “Site”). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with RDS Publishing of Magazines LLC (“we”, “us” or “RDS Publishers”) in relation to your use of the Site (the “User Agreement”). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
- Your Account and Registration Obligations
When you register as a member of the Site / App you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:
- You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify RDS Publishers of any unauthorised use of your password or account or any other breach of security. In no event will RDS Publishers be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree to reimburse RDS Publishers for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorised such access.
- You will provide true, accurate, current and complete information about yourself as prompted by RDS Publishers’ registration form (the “Registration Data”).
- You will not include:
(i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word “RDS” or “Little Genius” in your registration user ID.
- You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if RDS Publishers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of RDS Publishers under this User Agreement or at law, RDS Publishers has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
- RDS Publishers may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. You agree to provide any information and/or documentation to RDS Publishers upon such requests. You acknowledge and agree that if you do not, RDS Publishers without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
- Electronic Communications
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. RDS Publishers requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
- Amendments to this User Agreement
You acknowledge and agree that RDS Publishers shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement (“Substantial Amendment”) in accordance with the terms of this User Agreement. You acknowledge and agree that RDS Publishers at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
- Fees and Services
RDS Publishers is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing purchase of our publications
Unless otherwise stated, all fees shall be quoted in USD or AED currencies. You must pay all fees payable to RDS Publishers (and any applicable taxes or charges) within 5 days of expiry of subscription.
In case of non-payment of fees and/or any applicable taxes and charges by you to RDS Publishers, without prejudice to any other rights and remedies of RDS Publishers under this User Agreement or at law, RDS Publishers without liability reserves the right to:
- temporarily or indefinitely suspend, limit or withdraw your access to the Site, App and Magazine subscription and/or your membership, if you fail to make the outstanding payment within 5 calendar days of RDS Publishers issuing a warning to you.
- Your Information
- Use of the Site
While using the Site, you will not:
- manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
- circumvent or manipulate our fee structure, the billing process, or fees owed to RDS Publishers;
- take any action that may undermine the Site’s feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to RDS Publishers);
- transfer your Site account (including feedback) and username to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site’s users;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of the Site;
- attempt to take over another user’s account or carry out any hacking or phishing of the Site or user accounts and related features;
- export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
- copy, modify, or distribute any content from the Site or otherwise infringe the Site’s copyright material and/or trademarks in any way;
- violate any laws, rules, regulations, guidelines, third party rights or our policies;
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either RDS Publishers, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of RDS Publishers and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
“RDS Publishers” and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of RDS Publishers and are protected by international trademark and other intellectual property rights and laws. RDS Publishers’s trademarks may not be used in connection with any product or service that is not RDS Publishers’s nor in any manner that disparages or discredits RDS Publishers. All other trademarks not owned by RDS Publishers that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RDS Publishers.
- Abusing RDS Publishers
Please report problems of any kind or violations of this User Agreement to RDS Publishers. If you believe that your intellectual property rights have been violated, please notify RDS Publishers. Without prejudice to any other rights and remedies of RDS Publishers under this User Agreement or at law, RDS Publishers may limit, suspend or withdraw a user’s access to the Site and/or a user’s membership of the Site or remove hosted content. Also RDS Publishers can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
- Breach of User Agreement
Without prejudice to any other rights and remedies of RDS Publishers under this User Agreement or at law or otherwise, RDS Publishers may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
- If you breach this User Agreement;
- If RDS Publishers is unable to verify or authenticate any information you provide; or
- If RDS Publishers believes (in its sole discretion) that your actions may cause legal liability for you, other users or RDS Publishers.
- RDS Publishers may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with RDS Publishers or use the Site in any manner whatsoever until such time that such user is reinstated by RDS Publishers. Notwithstanding the foregoing, if you breach this User Agreement RDS Publishers reserves the right to recover any amounts due and owing by you to RDS Publishers or any losses and damages caused by you to RDS Publishers and to take such steps including legal action and/or the initiation of criminal proceedings against you as RDS Publishers in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of RDS Publishers’s right to take any actions with respect to that, or subsequent or similar breaches. RDS Publishers does not guarantee that it will take action against all breaches that there may be of this User Agreement.
- Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of RDS Publishers under this User Agreement or at law or otherwise, RDS Publishers may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
- Limitation of Liabilities
To the extent permitted by law, RDS Publishers, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not RDS Publishers has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to RDS Publishers and RDS Publishers shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold RDS Publishers and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
- Relationship and Notice
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and RDS Publishers and you shall have no authority to bind RDS Publishers in any manner whatsoever.
Except as explicitly stated otherwise, any notices to RDS Publishers from you shall be given by you by email to RDS Publishers at email@example.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by RDS Publishers by return email. Any notices to you from RDS Publishers shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) (“Dispute”) arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the which rules (“Rules”) are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Dubai International Financial Centre in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of RDS Publishers to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and RDS Publishers shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.
- Transfer of Rights and Obligations
You hereby grant RDS Publishers the right to, and irrevocably acknowledge and agree that RDS Publishers may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. RDS Publishers agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of RDS Publishers, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of RDS Publishers.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and RDS Publishers with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
- Governing Law
This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.