TERMS OF USE

 

Top Gun® PROVIDES THIS SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW IN THIS AGREEMENT. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:

This Web Site Agreement ("Agreement") is between you and Top Gun®. Use of Top Gun®'s web site located at topgunarabia.com ("Company Web Site") signifies your agreement to the terms and conditions of use set forth below in the Agreement:

I. You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS COMPANY WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Company Web Site.

II. Top Gun® may monitor your use of this Company Web Site, and may freely use and disclose any information and materials received from you or collected through your use of the Company Web Site for any lawful reason or purpose.

III. Top Gun® reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of major changes in the Agreement will be posted on the Company Web Site.

IV. The Company Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.A.E. copyright laws. All pages, content, and information within the Company Web Site are the property of Top Gun® and/or its affiliates. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of Top Gun®. Top Gun® may change, suspend, or discontinue any aspect of the Company Web Site at any time, including the availability of any Company Web Site feature, database, or content. Top Gun® may also impose limits on certain features and services or restrict your access to parts or all of the Company Web Site without notice or liability.

V. You represent, warrant, and covenant that:
(a) you shall not upload, post, send, or transmit to or distribute or otherwise publish through the Company Web Site any materials which:
(i) restrict or inhibit any other user from using and enjoying the Company Web Site,
(ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent,
(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law,
(iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right,
(v) contain a virus or other harmful component,
(vi) contain any information, software, or other material of a commercial nature,
(vii) contain advertising of any kind, or
(viii) constitute or contain false or misleading indications of origin or statements of fact;
and (b) that you are at least eighteen (18) years old.

You hereby agree to indemnify, defend and hold Top Gun®, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties, and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Top Gun® reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Top Gun®.

The Company Web Site may contain links and pointers to other related World Wide Web Internet sites, resources, and sponsors of the Company Web Site. Links to and from the Company Web Site to other third-party sites, maintained by third parties, do not constitute an endorsement by Top Gun® or any of its subsidiaries or affiliates of any third-party resources or their contents.

Top Gun® does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Company Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your own sole risk only. Top Gun® reserves the right, in its sole discretion, to correct or not to correct any errors or omissions in any portion of the Company Web Site.

VI. THE COMPANY WEB SITE, INCLUDING ALL CONTENT, CODE, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE COMPANY WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TOP GUN® AND ANY OF ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE COMPANY WEB SITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE COMPANY WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE COMPANY WEB SITE OR ANY LINKED SITE. FURTHER, TOP GUN® AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

VII. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED ARAB EMIRATES, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. THE COURTS OF DUBAI SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.

VIII. This Agreement constitutes the entire agreement between Top Gun® and you with respect to your use of the Company Web Site. Any cause of action you may have with respect to your use of the Company Web Site must be commenced within one (1) year after the claim or cause of action arises.