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Terms and Conditions – MalMee

Terms and Conditions

Terms and Conditions

Welcome to MalMee, your ultimate smart home resource. Please read these Terms and Conditions carefully before using our website or services. These Terms and Conditions govern your access to and use of our website and services, and constitute a legally binding agreement between you and us. By using our website or services, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions and our Privacy Policy, please do not use our website or services.

Definitions

In these Terms and Conditions, the following terms have the following meanings:

  • “We”, “us”, “our”, or “MalMee” refer to MalMee, the owner and operator of the website and services.
  • “You”, “your”, or “user” refer to you, the individual who accesses or uses the website or services.
  • “Website” refers to the MalMee website, accessible at https://www.malmee.com, and any related subdomains, pages, or features.
  • “Services” refer to the content, products, and services that we provide or make available through the website, including but not limited to information, reviews, tips, articles, newsletters, promotions, offers, surveys, quizzes, polls, and customer service.
  • “Content” refers to any text, graphics, images, audio, video, software, data, or other material that we or our affiliates, partners, or users create, upload, post, share, display, or otherwise make available through the website or services.
  • “User Content” refers to any content that you or other users create, upload, post, share, display, or otherwise make available through the website or services.

Acceptance of Terms and Conditions

By accessing or using the website or services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions and our Privacy Policy. You also represent and warrant that:

  • You are at least 13 years of age, or the legal age of majority in your jurisdiction, whichever is higher. If you are under 13 years of age, or the legal age of majority in your jurisdiction, you must not access or use the website or services without the consent and supervision of your parent or legal guardian.
  • You have the legal right and capacity to enter into and comply with these Terms and Conditions and our Privacy Policy in your jurisdiction.
  • You will comply with all applicable laws, regulations, and policies when accessing or using the website or services.

We reserve the right to modify, amend, or update these Terms and Conditions and our Privacy Policy at any time and at our sole discretion, without prior notice to you. Any changes will become effective immediately upon posting on the website, or by sending you an email or other notification. Your continued access or use of the website or services after the changes become effective constitutes your acceptance of the changes. You are responsible for reviewing these Terms and Conditions and our Privacy Policy periodically to ensure that you are aware of any changes.

License and Restrictions

Subject to your compliance with these Terms and Conditions and our Privacy Policy, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the website and services for your personal, non-commercial use only. You may not access or use the website or services for any other purpose, or in any manner that violates these Terms and Conditions, our Privacy Policy, or any applicable laws, regulations, or policies.

You agree not to:

  • Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the website, services, or content, or any part thereof, without our prior written consent.
  • Rent, lease, sell, resell, distribute, sublicense, or otherwise transfer the website, services, or content, or any part thereof, to any third party, without our prior written consent.
  • Use the website, services, or content, or any part thereof, for any illegal, fraudulent, harmful, abusive, harassing, defamatory, obscene, vulgar, hateful, discriminatory, or otherwise objectionable purpose, or in any manner that infringes or violates the rights of any person or entity, including but not limited to their intellectual property, privacy, or publicity rights.
  • Use the website, services, or content, or any part thereof, to transmit, store, or disseminate any viruses, malware, spyware, or other harmful or malicious code, or any content that contains or links to such code.
  • Use the website, services, or content, or any part thereof, to interfere with, disrupt, or damage the operation, security, or functionality of the website, services, or any other website, service, network, system, or device, or to gain unauthorized access to or use of any of the foregoing.
  • Use the website, services, or content, or any part thereof, to collect, store, or process any personal information of other users or third parties, without their consent or in violation of our Privacy Policy or any applicable laws, regulations, or policies.
  • Use the website, services, or content, or any part thereof, to send, post, or display any unsolicited, unwanted, or unauthorized advertising, promotional material, spam, junk mail, or any other form of solicitation, or to engage in any phishing, spoofing, or other fraudulent or deceptive activity.
  • Use the website, services, or content, or any part thereof, to impersonate or misrepresent your identity, affiliation, or authority, or to create a false or misleading impression of your association or endorsement with us or any other person or entity.
  • Use the website, services, or content, or any part thereof, in any manner that competes with or adversely affects our business, reputation, or goodwill, or that of our affiliates, partners, or users.

We reserve the right to monitor, review, edit, remove, or disable your access or use of the website, services, or content, or any part thereof, at any time and at our sole discretion, without prior notice or liability to you, if we determine that you have violated these Terms and Conditions, our Privacy Policy, or any applicable laws, regulations, or policies, or for any other reason that we deem appropriate.

User Content

You are solely responsible for any user content that you create, upload, post, share, display, or otherwise make available through the website or services. You represent and warrant that:

  • You own or have the necessary rights, licenses, consents, and permissions to create, upload, post, share, display, or otherwise make available your user content, and to grant us the rights and licenses to use your user content as described in these Terms and Conditions and our Privacy Policy.
  • Your user content does not and will not infringe or violate the rights of any person or entity, including but not limited to their intellectual property, privacy, or publicity rights, or any applicable laws, regulations, or policies.
  • Your user content does not and will not contain or link to any illegal, fraudulent, harmful, abusive, harassing, defamatory, obscene, vulgar, hateful, discriminatory, or otherwise objectionable material, or any viruses, malware, spyware, or other harmful or malicious code.

You retain all of your ownership rights in your user content. However, by creating, uploading, posting, sharing, displaying, or otherwise making available your user content through the website or services, you grant us and our affiliates, partners, and users a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, translate, create derivative works of, publicly display, publicly perform, and otherwise exploit your user content, in whole or in part, for any purpose, in any media or format, known or unknown, without any compensation or acknowledgment to you or any third party. You also waive any moral rights or other rights that you may have in your user content.

We do not endorse, support, represent, or guarantee the truthfulness, accuracy, completeness, quality, or reliability of any user content or any opinions, views, or statements expressed therein. You acknowledge and agree that you may be exposed to user content that is inaccurate, misleading, offensive, objectionable, or otherwise inappropriate, and that you access and use the website, services, and user content at your own risk and discretion. We are not responsible or liable for any user content or any loss or damage of any kind that you or any third party may incur as a result of accessing or using the website, services, or user content.

We reserve the right to monitor, review, edit, remove, or disable your access or use of any user content, at any time and at our sole discretion, without prior notice or liability to you, if we determine that the user content violates these Terms and Conditions, our Privacy Policy, or any applicable laws, regulations, or policies, or for any other reason that we deem appropriate.

Intellectual Property Rights

We and our affiliates, partners, and licensors own and retain all rights, title, and interest in and to the website, services, and content, and any trademarks, logos, names, designs, or other distinctive features or elements thereof, including but not limited to any patents, copyrights, trade secrets, or other intellectual property rights. Nothing in these Terms and Conditions or our Privacy Policy grants you any right, title, or interest in or to the website, services, or content, or any trademarks, logos, names, designs, or other distinctive features or elements thereof, except for the limited license granted to you under these Terms and Conditions.

You agree not to challenge, contest, or infringe upon our or our affiliates, partners, or licensors’ rights, title, or interest in and to the website, services, or content, or any trademarks, logos, names, designs, or other distinctive features or elements thereof, or to assist or encourage any third party to do so.

If you believe that your intellectual property rights have been violated by any user content or any other content on the website or services, please contact us at hello@malmee.com and provide us with the following information:

  • A description of the intellectual property right that you claim has been infringed.
  • A description of the user content or other content that you claim is infringing, and the location of such content on the website or services.
  • Your name, address, email address, and phone number.
  • A statement by you that you have a good faith belief that the use of the user content or other content in the manner complained of is not authorized by the intellectual property right owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property right owner or authorized to act on the owner’s behalf.
  • Your physical or electronic signature.

We will review and respond to your notice as soon as possible. We reserve the right to remove or disable access to any user content or other content that we believe infringes or violates any intellectual property rights, without prior notice or liability to you or any third party.

Disclaimer of Warranties

The website, services, and content are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. We do not warrant that the website, services, or content will be uninterrupted, error-free, secure, or free of viruses, malware, spyware, or other harmful or malicious code, or that the website, services, or content will meet your expectations, requirements, or needs. We do not warrant that the information, reviews, tips, articles, or other content on the website or services are accurate, complete, reliable, current, or error-free. We do not warrant that the products or services that you purchase or obtain through the website or services will be of satisfactory quality, performance, or suitability, or that they will meet your expectations, requirements, or needs. You acknowledge and agree that your access and use of the website, services, and content are at your own risk and discretion, and that you are solely responsible for any loss or damage of any kind that you or any third party may incur as a result of accessing or using the website, services, or content.

Limitation of Liability

To the fullest extent permitted by applicable law, we and our affiliates, partners, and licensors will not be liable to you or any third party for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, data, or other intangible losses, arising out of or in connection with your access or use of, or inability to access or use, the website, services, or content, or any products or services that you purchase or obtain through the website or services, whether based on warranty, contract, tort, negligence, or any other legal theory, and whether or not we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above exclusions or limitations may not apply to you. In no event will our total liability to you or any third party for any claims or causes of action arising out of or in connection with your access or use of, or inability to access or use, the website, services, or content, or any products or services that you purchase or obtain through the website or services, exceed the amount paid by you to us for the website, services, or content, or the products or services that you purchase or obtain through the website or services, in the 12 months preceding the event giving rise to the liability, or $100, whichever is greater.

Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, partners, and licensors, and our and their respective officers, directors, employees, agents, and representatives, from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses, including but not limited to reasonable attorney’s fees, arising out of or in connection with your access or use of, or inability to access or use, the website, services, or content, or any products or services that you purchase or obtain through the website or services, your user content, your violation of these Terms and Conditions, our Privacy Policy, or any applicable laws, regulations, or policies, or your infringement or violation of the rights of any person or entity, including but not limited to their intellectual property, privacy, or publicity rights. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with us in such defense. You agree not to settle any claim or cause of action without our prior written consent.

Termination

We may terminate or suspend your access or use of the website, services, or content, or any part thereof, at any time and at our sole discretion, without prior notice or liability to you, if we determine that you have violated these Terms and Conditions, our Privacy Policy, or any applicable laws, regulations, or policies, or for any other reason that we deem appropriate. Upon termination or suspension, your license to access and use the website, services, and content will immediately cease, and you must destroy all copies of the website, services, and content in your possession or control. You agree that we will not be liable to you or any third party for any termination or suspension of your access or use of the website, services, or content, or any part thereof. The provisions of these Terms and Conditions and our Privacy Policy that by their nature should survive termination or suspension will survive, including but not limited to the provisions regarding intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, and governing law and jurisdiction.

Governing Law and Jurisdiction

These Terms and Conditions and our Privacy Policy, and any disputes or claims arising out of or in connection with them, will be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts of the United Arab Emirates to resolve any disputes or claims arising out of or in connection with these Terms and Conditions and our Privacy Policy, and you waive any objections to such jurisdiction or venue.

General

These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and us regarding your access and use of the website and services, and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written, between you and us regarding the same subject matter. If any provision of these Terms and Conditions or our Privacy Policy is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be modified to the extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, such provision will be severed from these Terms and Conditions or our Privacy Policy, and the remaining provisions will remain in full force and effect. Our failure or delay to exercise or enforce any right or remedy under these Terms and Conditions or our Privacy Policy will not constitute a waiver of such right or remedy, or of any other right or remedy that we may have. You may not assign or transfer your rights or obligations under these Terms and Conditions or our Privacy Policy, or any part thereof, to any third party, without our prior written consent. We may assign or transfer our rights or obligations under these Terms and Conditions or our Privacy Policy, or any part thereof, to any third party, at any time and at our sole discretion, without prior notice or liability to you.

How to Contact Us

If you have any questions, comments, or concerns about these Terms and Conditions or our Privacy Policy, please contact us at:

MalMee
Email: hello@malmee.com

We will try to respond to your request as soon as possible. Thank you for your interest in MalMee, your ultimate smart home resource.