MullenLowe MENA FZ LLC (“MullenLowe”) operates the website www.fixingthebais.com (“Site”), a platform that allows you to post, link, download, store, share and otherwise make available certain information, text, graphics, photos, or other material (together “Content”). Our goal is to fix AI’s bias but also break the gender barriers in professions and promote inclusivity towards building a more equitable world, where AI reflects and represents everyone.
These Terms of Service (the “Terms”) explain what rights You have with respect to images and Content, or prompts You might enter into the Site or whatever Content you may post, link, store, share or make available on the Site (the “Services”), and other important topics. Please read it carefully. Our privacy policy outlines how we handle Your data here.
These Terms will be deemed accepted by the entity or person who will be using the Site (the “Customer,” “You” or “Your”) and govern the Customer’s access to and use of the Services.
These Terms are effective when the Customer is presented with these Terms and proceeds to use the Services (the “Effective Date”) or to receive or distribute Content. These Terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to these Terms, please stop using the Services.
Other documents referenced here may also bind Customer’s use of the Services.
1.1 You must be at least 13 years old to use the Services. If You are under 18, You must have Your parent or legal guardian’s permission to use the Services. If You use the Services on behalf of another person or entity, You must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account, if your data changes after registration, you are obliged to correct the information in your account immediately. You may not make Your access credentials or account available to others outside Your organization, and You are responsible for all activities that occur using Your credentials.
1.2 In order to contribute to the Site, You must create a user account on our Site so that you can use the additional functions of the Site, in particular for uploading photos and other Content or for participating in any contests made available through the Service. The opening of a user account can only take place with the agreement to these Terms.
1.3 Upon registration, MullenLowe MENA FZ LL and you enter into a contract for the use of the Site and the Services. There is no claim to the conclusion of this contract. MullenLowe is entitled to refuse your registration without giving reasons.
1.4 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without authorization, or a name that is otherwise offensive, vulgar or obscene.
1.5 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. If you are not responsible for the misuse of your member account, you are not liable. You agree not to disclose your password to any third party. You must notify us immediately at MullenLowe upon becoming aware of any breach of security or unauthorized use of your account.
2.1 When you upload any Content to the Service, you grant us a worldwide, non-exclusive, permanently, irrevocable, royalty-free license (with the right to sublicense) to reproduce, adapt and modify (incl. translation), distribute, publicly perform, publicly display, broadcast, make available, store and archive and otherwise use such Content (in whole or in part) on and through the Service.
2.2 You acknowledge and confirm that your Content will be made available to the public on and through the Service for personal and commercial use of third parties subject to these Terms without providing you attribution or compensation.
2.3 Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use the Services to develop foundation models or other large scale models that compete with MullenLowe or our initiative; (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through the API; (v) represent that output from the Services was human-generated when it is not; or (vii) buy, sell, or transfer API keys without our prior consent. You will comply with any rate limits and other requirements in our documentation. You may use Services only in geographies.
2.4 We reserve the right to remove any Content at any time if we believe it’s defective, of poor quality, or in violation of these Terms.
2.5 You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) MullenLowe will not need to obtain licenses from any third party or pay a compensation or royalties to any third party with respect to the Content; (iii) your Content does not infringe any third party rights (including in particular copyrights, neighboring rights, intellectual property rights, name rights, right of personality, rights of privacy, data rights or other property rights), and (iv) your Content complies with these Terms and all applicable laws.
2.6 When you upload any Content to the Site you also authorize us under your copyrights to enforce any violations of the sublicense we grant in the Content to others. In other words, MullenLowe is entitled to take appropriate measures to pursue the rights granted to us hereunder. You shall support us in the court or non-court assertion of the acquired rights, in particular by providing information, providing the necessary original documents and other documents, making or having made the necessary assignment of rights to MullenLowe, as well as preparing any further declarations or documents which should be required or useful for the realization of the license granted by you to MullenLowe
2.7 Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If You provide any of these things, we may use it without restriction or compensation to You.
3.1 We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to You or Your downstream customers for any harm caused by Your dependency. Both the Services and the Content are provided to Customer on an “as is” basis, without warranties or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. You are solely responsible for determining the appropriateness of using or redistributing the Content and assume any risks associated with use of the Services.
3.2 MullenLowe reserves the right to suspend or ban Your access to the Services at any time, and for any reason. You may not use the Services for competitive research. Only one user may use the Services per registered account. Each user of the Services may only have one account.
3.3 We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. on the Service.
4.1. Subject to your compliance with these Terms, you may access and use the Site and Service.
4.2. The Site and the Service are protected by copyright, trademark and/or other protective rights and are subject to copyright law and other protective laws (“MullenLowe Rights”). MullenLowe is the rightful owner or licensee of all rights to the Site and the Service. With the exception of the use of the Site and Service in accordance with these Terms, use of MullenLowe Rights is only permitted with the prior written consent of MullenLowe .
4.3. All Content made available for download on the Service can be used for free for personal and/or commercial purposes subject to some limitations as set out in these Terms. You do not need to, but you can, credit the photographer or owner of the Content or MullenLowe.
4.4 Nothing contained herein grants or shall be construed to grant you any rights to use any MullenLowe Trademark, unless expressly conferred by these Terms of Use.
5.1 For all Content made available for download on the Service, MullenLowe grants you an irrevocable, perpetual, non-exclusive, royalty-free license to download, copy, modify, distribute, perform, and otherwise use the Content, including for commercial purposes, without attributing the photographer/ content owner or MullenLowe (“MullenLowe License”). The MullenLowe License does not include:
5.2 While photographers and users that upload Content to our Website represent and warrant to us that they have all the rights therein and that the Content does not infringe any third party rights, MullenLowe cannot reasonable monitor all Content uploaded to the Service. We therefore do not make any representations or guarantees for the rights granted hereunder to you.
5.3 Be aware that, depending on your intended use of the Content, you may need the permission or consent of a third party (e.g. owner of a brand, identifiable person or author/rights holder of copyrightable work depicted in the Content).
6.1. You represent and warrant to MullenLowe that by using the Service you will NOT:
6.2. Furthermore, despite the MullenLowe License provided to you by MullenLowe hereunder you agree to NOT use any MullenLowe Content made available via the Service (in whole or in part):
7.1. MullenLowe reserves the right to reject the publication of Content at its own discretion and to delete Content already published.
7.2. MullenLowe further reserves the right to restrict or suspend your access to the Services in whole or in part at any time, without prior notice and excluding any claim for damages on your part (“Suspension”), if there are reasonable grounds for suspecting violations by you of these Terms and/or the applicable Conditions of Participation.
7.3. If you prove within twelve (12) months after the Suspension that you have not violated the Terms the applicable Conditions of Participation, MullenLowe will lift the Suspension. If such proof is not provided within the 12-month period, MullenLowe is entitled to delete your member account including all its data.
7.4. MullenLowe expressly reserves the right to take legal action, in particular to assert claims for damages or to file criminal charges.
8.1. Please let us know if you believe that any Content made available on and via the Service contains a violation of the law. The message can be sent by e-mail to the address info@mullenlowemena.com.
8.2. If you as the copyright owner or as its representative believe that your copyrights are infringed by the Content of users stored, published or transmitted on the Website, please notify us by e-mail to info@mullenlowemena.com com including the following information:
9.1. The use of the Service is at your own risk. The Site and the Service are offered to you on an “as is” and “as available” basis. We do not warrant that the Site or the Services will always be uninterrupted, current, timely, secure, error-free or suitable for use for any particular purpose or to achieve any particular result.
9.2. MullenLowe does not guarantee that the content on the Site or on linked other sites is correct or complete. The content of the users does not reflect our opinions or views on life. The presence of links to other websites does not imply that MullenLowe endorses or recommends the linked Site. MullenLowe has no influence on the contents of the linked external sites and is not responsible for them. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. MullenLowe is also not responsible for the advertising of third parties published on the Site or for the goods or services offered therein.
9.3. If MullenLowe becomes aware of any violations of the law through content, links to third-party websites or advertising published on the website, MullenLowe will immediately delete such content, links or advertising.
9.4. MullenLowe accepts no responsibility for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures or unauthorized access or theft, destruction or modification of user communications. Likewise, MullenLowe is not liable for problems or technical malfunctions in connection with telephone networks or lines, online systems, servers or providers, computer equipment, software or for failures of e-mails or players due to technical problems or data jams on the internet and/or one of the Service, unless these are within the sphere of influence of MullenLowe .
10.1. Save for death or personal injury arising out of our negligence or as required by law, under no circumstances shall we, our affiliates, employees, directors, officers, agents or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including, without limitation, damages for loss of profits, loss of goodwill or loss of data. Without prejudice to the foregoing, in no event will we be liable for any amounts in excess of the amount paid by you for the product(s) in respect of which the claim arose.
10.2. The above limitations of liability also apply in favour of our employees, staff, representatives and agents.
You agree to defend, indemnify and hold MullenLowe and its affiliates harmless from and against any and all claims, damages, liabilities, losses or demands arising out of or in connection with (i) your use and access to the Site and/or Service; (ii) your violation of these Terms; (iii) infringement of third party rights (copyrights, trademark rights, personal rights, etc.) by you or your Content. The indemnity obligation includes the reasonable costs of legal defence, in particular lawyer’s fees, necessary to defend against such claims.
Use of the Website and Service is subject to our Privacy Policy, which is available at https://www.fixingthebais..com/privacy-policy/.
These Terms are governed by the federal laws of the United Arab Emirates, and all disputes arising here under are subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.
14.1. These Terms, together with the applicable Privacy Policy, and any other legal provisions published by us on the Site, constitute the sole agreement between you and MullenLowe regarding your use of the Website and the Services.
14.2. Should individual clauses of these Terms be wholly or partially invalid or should these Terms contain gaps, this shall not affect the validity of the remaining Terms.
