Terms Of Use
Fe-Noon Ahmed Moustafa (UK) Ltd. Legal Information and Terms of Use
As part of our mission, we seek to extend knowledge of and grow appreciation for Ahmed Moustafa’s art works and archival materials. We are providing the information and other content on this website (“Site”) in support of our undertaking.
By accessing these Terms of Use (“Terms”), along with the Fe-Noon Ahmed Moustafa (UK) Ltd. (“Fe-Noon”) Privacy Policy, the User agrees to be bound by the Terms of this Site. If you, as User of the Site (“User”, “you” or “your”) do not agree with these Terms, or if you do not agree with the Privacy Policy, please do not use this Site. By using this Site, you acknowledge that you are 18 years of age or older, or are an emancipated minor, or possess parental guardian consent to use this Site.
Acceptance of Terms and Conditions and Privacy Policy
By accessing and browsing this site, you acknowledge that you have read, understand and accept these Terms of Use including Fe-Noon’s Privacy Policy and that you agree to be bound by these Terms and the Privacy Policy. Fe-Noon may change these Terms and/or the Privacy Policy so Users are encouraged to visit this page from time to time to review the most current Terms and Conditions and Privacy Policy. Your continued use of the Site after new or revised Terms are effective indicates you have read and understand and agree to be bound by those new or revised Terms.
Copyright and Other Proprietary Rights to Content
Unless otherwise noted, all of the text, images, trademarks, data and video files and clips, audio files and clips, archival materials, software, databases, designs and other materials on the Site (“Content”) are protected by copyright laws and may also be protected by other restrictions as well. Fe-Noon is the owner of the compilation of the Content posted on this Site. Copyright and other proprietary rights in the Content, including contractual rights, may be held by individuals or entities other than, or in addition to, Fe-Noon. Additionally, your use of some Content may infringe upon trademark rights, rights of publicity and/or rights of privacy of third-parties. For some Content, Fe-Noon records do not indicate any evidence of copyright or other proprietary restrictions, however, this does not necessarily mean that no such restrictions exist. Fe-Noon expressly prohibits the copying of any protected Content, except for the purposes of fair use as defined in the copyright laws and as described below.
Permitted Uses of the Content
Fair use includes the use of copyrighted materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary and news reporting. Unless otherwise noted and subject to the requirements set forth below, Users may use Content from the Site for such purposes. Please note that you are responsible for determining whether your use of Content is fair use under the copyright laws and you are also responsible for responding to any claims that may arise from your use. You understand that even if your use of the Content is fair use as defined by the copyright laws, use of some Content may nevertheless be protected by other proprietary rights such as trademark rights, rights of publicity, rights of privacy and/or contractual restrictions. While some, but not all, of the Content on the Site can be downloaded, by downloading, printing or otherwise using the Content on this Site, you agree that you will limit your use to fair use and will not violate the copyrights or other proprietary rights of Fe-Noon or any other individual or entity.
Your non-commercial use of the Content on this Site is subject to the following requirements unless otherwise noted for specific Content:
i. you must cite the author and source of the Content as you would Content from any printed work with the citation including the URL “www.fenoon.com” as the source of the Content;
ii. you may not remove any copyright, trademark or other proprietary notices, including attribution information, credits, and notices, that are placed in or near text, images or data; and
iii. you must comply with all terms or restrictions, in addition to copyright terms or restrictions, including trademark, publicity and privacy rights, or contractual restrictions, as may be specified in the metadata or may otherwise apply to the Content.
Uses that Require Prior Written Permission
Unless otherwise noted, downloading, copying, transmitting, distributing, creating derivative works, modifying, publicly displaying, publishing, selling, promoting or advertising products or services or otherwise using the Content on this Site for commercial purposes or for any purpose other than fair use and non-commercial educational purposes as set forth above is expressly prohibited. Additionally, high resolution digital images of works of art and other Content may be available or may become available in the future. If you wish to use the Content for any purpose other than the permitted uses discussed above or if you wish to secure and use any high resolution digital images of the Content, you must obtain prior written permission from Fe-Noon, or other owner of the Content as applicable. Requests for permission for all uses of the Content on this Site should be sent to:
Rights and Reproductions
Fe-Noon Ahmed Moustafa (UK) Ltd.
5-9 Creekside
Deptford
London
SE8 4SA
United Kingdom
fenoon@fenoon.com
Trademarks
The trademarks of third-parties may also be displayed on the Site. You may not use any Trademarks displayed on the Site without the express written permission of Fe-Noon or the third-party that owns the Trademark and you acknowledge and agree that nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademarks displayed on the Site. Any unauthorised use of the Trademarks, except as authorised in these Terms, is expressly prohibited.
User Accounts
No registration, login, or membership to Fe-Noon is required to use most of the features on the Site. Where you are required to create a User Account, including creation of a login and password, you are responsible for protecting your login and password from unauthorised use and for all activity that occurs on your account. You are prohibited from using another person’s account without permission. You agree to notify us immediately if you believe your login or password has been used without your permission. We are not responsible for losses or damages caused by your failure to safeguard your login or password.
Purchasing on the Site
Fe-Noon has the right to refuse, limit, or cancel any orders placed on this Site. Errors in pricing are subject to correction and may be adjusted at any time. Errors on order processing are also subject to correction. You must be 18 or older to make a purchase on this Site. Where purchases are made by credit card, you agree that if legal action is needed to collect the amount due from your credit card purchase, you will reimburse Fe-Noon for all expenses incurred to recover the amounts due, including legal fees and other expenses. You understand that, while Fe-Noon will make every attempt to provide accurate information about the products sold on the Site, Fe-Noon does not warrant that any information, including product descriptions, promotions, and product availability, is correct, complete, current, or without typographical errors. Fe-Noon also makes every effort to present the colours of the products and other items it sells on its Site as accurately as possible. The display of colour depends on the settings of a User’s particular monitor. Fe-Noon cannot guarantee that the colours displayed on an individual’s monitor will be correct.
Links to Third-Party Sites
This Site may provide links to sites that are owned or operated by third-parties who have no relationship with Fe-Noon (“Third-Party Sites”). We have no control over such Third-Party Sites and cannot guarantee, represent or warrant that the content on those sites is accurate and legal and do not contain viruses or other features that may adversely affect your computer. A link from our Site to a Third-Party Site does not imply a relationship with, or endorsement of, that site. These Third-Party Sites are governed by their own Terms of Use and we encourage you to read those terms if you choose to link to and use these sites.
Digital Millennium Copyright Act
It is the policy of Fe-Noon to respond to notices of copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (DMCA). Upon receipt of a notice that complies with the DMCA, Fe-Noon will expeditiously remove or disable access to the content that is the subject of the notice. Fe-Noon may also, in appropriate circumstances and in its discretion, take reasonable steps to disable and/or terminate access of Users of this Site who may be repeat infringers of copyright. In accordance with the DMCA, if you believe that any Content on this Site infringes copyrights that you own, please provide the following information to Fe-Noon as set forth below:
• A physical or electronic signature of the copyright owner or the person authorised to act on its behalf;
• A description of the copyrighted work you claim has been infringed;
• A description of the infringing material and information reasonably sufficient to permit Fe-Noon to locate the material;
• Your contact information, including your address, telephone number, and email address; and
• A statement by you, made under penalty of perjury, that the information you have supplied in your notice is accurate, that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law and, where applicable, that you are authorised to act on behalf of the copyright owner.
Receipt of notification of any claimed infringement should be sent to:
Fe-Noon Ahmed Moustafa (UK) Ltd.
5-9 Creekside
Deptford
London
SE8 4SA
United Kingdom
fenoon@fenoon.com
Disclaimer Of Warranties And Limitation Of Liability
Fe-Noon disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and non-infringement of copyrights or other third-party proprietary rights, arising from your use of the Site or its Content. We do not warrant that the Site will provide continuous, prompt, secure, or error-free service and we assume no liability for any errors or omissions, including the inaccuracy of any Content, or for any damages or losses that you or any third-party may incur as a result of the unavailability of the Site or any portion thereof. Fe-Noon assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect your computer equipment or other property arising from your use of the Site and its Content. FE-NOON AHMED MOUSTAFA (UK) LTD AND ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBIITY OF SUCH DAMAGES, ARISING FROM OR RELATED TO USE OF THIS SITE OR ITS CONTENT.
Termination, Modifications and Content Removal
We may, at any time:
a. modify, suspend or terminate the operation of or access to the Site or any portion thereof for any reason;
b. modify or change the Site for any reason;
c. remove or change Content on this Site at any time in our sole discretion; or
d. interrupt the operation of the Site for any reason.
Your access to, and use of the Site, may be terminated by you or by us at any time for any reason. Any provision of these Terms of Use which, by its nature should survive, will survive termination of these Terms, including, but not limited to, all obligations relating to your use of the Content and your license to us to use User Content.
Indemnification
You agree to indemnify, defend, and hold Fe-Noon Ahmed Moustafa (UK) Ltd. and its affiliates, trustees, directors, officers, employees and agents, harmless from and against all claims, causes of action, expenses, reasonable legal fees, losses and damages, arising from or relating to your use of the Site or any of the Content on the Site.
Jurisdiction, Venue and Choice of Law
These Terms of Use shall be governed and construed in accordance with the laws of the United Kingdom, without regard to conflict of law principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use, may only be brought in the United Kingdom and the parties hereby waive any objection that they may have to personal jurisdiction or venue in these courts.
Severability and Waiver
If any provision of these Terms of Use is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Fe-Noon’s failure to exercise or enforce any rights or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Entire Agreement
These Terms of Use and the Privacy Policy are the sole and entire agreement between the parties with respect to the subject matter hereof and replace all prior or contemporaneous understandings or agreements regarding such subject matter.
Reservation of Rights
Fe-Noon reserves the right to change these Terms of Use and the Privacy Policy at any time and for any reason at its sole discretion. Such changes may be made without notice and are effective immediately upon posting, and continued use of the Site constitutes acceptance of such changes. Users of the Site should visit this page periodically to review the most current Terms of Use.
Effective Date: December 1, 2021.
© Fe-Noon Ahmed Moustafa (UK) Ltd. All rights reserved.