PSD may amend the Terms from time to time. Amendments will be effective upon PSD's posting of such updated Terms at this location or the amended policies or supplemental terms. Your continued access or use of the Site constitutes your consent to be bound by the Terms, as amended. If you do not agree to all of these terms, you should not access or use the Site.
In connection with your use of the Site you agree to the following restrictions:
A. In order to use the Site, you must register for and maintain an active personal user Services account ("Account"). You agree to maintain accurate, complete, and up-to-date information in your Account (out-of-date information will invalidate your account). You will not register for more than one Account or register for an Account on behalf of an individual other than yourself;
B. You must be at least 13 years of age to obtain an Account. You must not be barred from receiving products or services under applicable law.
C. You will not attempt to: 1) use the Site with crawlers, robots, data mining or extraction tools or any other functionality; 2) interfere with or damage our Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; 3) use, display, mirror or frame the Site, or any individual element within the Site, Mixxlist's name, any PSD trademark, logo or other proprietary information or intellectual property belonging to PSD, or the layout and design of any page or form contained on a page in the Site without PSD’s express written consent; or 4) solicit, collect or use the login credentials of other Users or Providers;
D. You must not create or submit unwanted email, comments, or other forms of commercial or harassing communications (a/k/a "spam") or use the Site for any commercial or other purposes that are not expressly permitted by these Terms;
E. You may not use the site to post, transmit, distribute, or submit violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content or any information concerning any other person or entity, regardless of confidentiality or privacy, including without limitation, photographs of others without their permission, social security or alternate national identity numbers, phone numbers, email addresses, other personal contact information, or credit, debit, calling card or account numbers;
F. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site. You will not violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations or infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
H. You may be denied access to or use of the Site if you attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
PSD owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Site and any products or services offered through the Site, which are protected by copyright, trade dress, patent, trade secret, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Site content in whole or in part except as expressly authorized by PSD. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and any products or services offered through the Site are retained by PSD.
Subject to these Terms, you will defend, indemnify and hold PSD and each of its officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements and Policies made part of these Terms by reference, your breach of any applicable law, your use of or access to the Site, your interaction with Users, the purchase and use of any products or services, and the use of any intellectual property.
By using the Site you agree that any legal remedy or liability that you seek to obtain for actions or omissions of any third party will be limited to a claim against the particular third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from PSD with respect to such actions or omissions.
PSD shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Site or purchase of products, even if PSD has been advised of the possibility of such damages. PSD shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or products or your inability to access or use the services or products; or (ii) any transaction or relationship between you and any third party, even if PSD has been advised of the possibility of such damages. PSD shall not be liable for delay or failure in performance resulting from causes beyond PSD's reasonable control. In no event shall PSD's total liability to you in connection with the Site, or any services or products provided through the Site, for all damages, losses and causes of action exceed one fifty U.S. Dollars (US $50).
These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates without regard to provisions of the law that might be applied under principles of conflict of laws. Any action brought to enforce or interpret the terms of these Terms shall be exclusively submitted to final and binding arbitration without the right of appeal to the Dubai International Arbitration Center in Dubai, UAE, to be decided in the English language by one (1) arbitrator.