|
TERMS OF USE
1. YOUR AGREEMENT AND ACCEPTANCE 1.1 By entering, using and/or visiting this and our other websites (collectively, including all content available on or through our websites, to be collectively referred to as the "Website"), you agree to these terms and conditions (as may be amended or revised from time to time) (the "Terms of Use”), and to the Privacy Statement, and any other terms and conditions incorporated hereunder (this “Agreement”).
1.2 You agree that the laws of the Republic of Singapore law will govern this Agreement and to submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore for any dispute in relation to or involving the Website.
1.3 You warrant and attest that you are of the age of majority. By using our Website, you are confirming that you meet the minimum age. You further agree that you fully understand the contents, meaning and impact of this Agreement and warrant and represent that you are fully able and competent to enter into and be bound by this Agreement.
1.4 The Website is controlled and offered by us from our facilities in the Republic of Singapore. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws.
1.5 You are only authorised to use the Website if you agree to abide by this Agreement. Please read these Terms of Use carefully as your entry, access and use of the Website is governed by these Terms of Use and by entering, accessing and using the Website, you agree to and accept the terms and conditions contained herein. If you do not agree with or to these Terms of Use, you must immediately leave the Website and discontinue using it and any of the services provided therein.
1.6 In order to participate in certain activities or services offered on the Website, you may be notified that you are required to download software or content and/or agree to additional terms and conditions applicable to such services in which you choose to participate.
1.7 These Terms of Use and any other terms and conditions of this Agreement may be amended or revised from time to time at any time without notice, and such amendment or revision shall be effective and binding upon posting onto the Website. It is therefore important that you review the Terms of Use regularly to ensure you are updated as to any changes. Your continued use of the Website signifies your agreement to and acceptance of any revised terms and conditions.
2. WEBSITE AND CONTENT USAGE 2.1 We grant you permission to use (i) the Website; and (ii) the content on the Website including (but not limited to) the text, software, scripts, image, graphics, photographs, sounds, music, videos, other audio or visual content, interactive features or any other data or content in any media or format (collectively, the "Content"), strictly in accordance with these Terms of Use, provided always that:
(a) your use of the Website and the Content as permitted is strictly and solely for your information and for one-time use in relation to stories or events that are of public interest or newsworthy and shall not be used for any other purposes (including without limitation advertising or promotional purposes) unless otherwise expressly permitted in the descriptive text accompanying any Content (“Approved Use”);
(b) you may maintain an electronic archive of any Content for your internal, non-commercial use, provided that such Content is archived in the same format as its original use. You must retain all associated data with the Content as may be included as part of the electronic file containing the Content that is stored on your computers. You may not make additional high-resolution copies of the Content and you shall maintain a robust firewall to safeguard against unauthorized third-party access to the Content. Notwithstanding the foregoing, you may make one (1) high-resolution backup copy of the Content for security purposes only;
(c) you will not sell or distribute any part of the Website and the Content in any medium or format without our prior written consent;
(d) you may translate or abridge any text and colour-correct, re-size or crop any graphics or photographs Provided that such aforesaid alterations do not alter the facts, meaning, tone or general context or otherwise compromise the original intent of the relevant Content;
(e) you will retain and display the credits and copyright notices (including without limitation to our name, bylines and the original source of the Content) and/or Marks (as defined below) provided with the Content;
you will not alter or modify any part of the Website other than as expressly permitted by us;
(f) if any Content featuring a model or property is used by you in connection with a subject that may be deemed unflattering or controversial, you will accompany each such use with a statement that the Content is used purely for illustrative purposes only or is merely a re-enactment or that the person depicted in the Content is a model or any other statement of similar effect and meaning;
(g) you will forthwith cease the use of and delete or otherwise remove any Content from your premises, computer system or other forms of storage (whether physical or electronic) and databases in the event of any of the following:
(i) upon notice from us;
(ii) upon termination of your account with us;
(iii) upon your knowledge that any Content is subject to a threatened or actual claim of infringement or violation of any rights or any other claim for which we may be liable therefor; or
(iv) upon your knowledge that any Content has been deleted or removed from our Website; and
(h) you will otherwise comply with the terms and conditions of these Terms of Use.
3. REGISTRATION AND USAGE OF ACCOUNTS AND PAYMENT 3.1 In order to participate in certain activities or services offered on the Website or to become a member, you may have to register with us to create an account. Each registration is for a single user only, and on registration, you will choose a user name and password (collectively, your “ID”). Sharing of registered accounts and/or ID on the Website, accessing the Website through a single ID made available to multiple users on a network, and unauthorised use of another’s ID is prohibited. In the event of inappropriate or unauthorised ID use, we may cancel, restrict or suspend (for such period and on such terms, if any, as we deem fit or necessary) your membership with, and/or access to, the Website without any liability whatsoever.
3.2 When registering to create your account, you represent and warrant that all registration information you submit is accurate, truthful, complete and lawful. You further warrant that you will maintain the accuracy of such information and update the information as and when necessary.
3.3 You are solely responsible for all activity that occurs on your account, for all use of the Website by you or anyone else using your ID, for preventing any unauthorised use of your ID and for maintaining the confidentiality of your ID and keeping it secure. You agree not to use the registered account and/or ID of another member at any time or to disclose your password to any third party. Please notify us immediately if you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID.
3.4 You agree not to collect or harvest any personally identifiable information, including any IDs or account names from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to all or any materials submitted by them.
3.5 You agree to us monitoring your download activity and to us limiting the number of downloads to such amount per 24-hour period as we may in our absolute discretion deem fit to ensure that a reasonable quality of service is provided to all users of the Website.
3.6 You may terminate your account with us upon thirty (30) days written notification to us. Notwithstanding termination of your account, you remain liable for any and all outstanding fees and other amounts owing as at the time of termination. We may at our absolute discretion terminate or suspend use of your account for any reason (including but without limitation for a breach of any of the terms and conditions of this Agreement) Provided that we will use reasonable endeavours to notify you prior to any termination or suspension.
3.7 Any fees to be paid by you, including without limitation licence fees for downloading of any Content, shall be paid no later than thirty (30) days from the date of our invoice failing which, interest on such outstanding fees calculated at a rate of 1.5 per cent per month shall accrue and be payable from the date falling thirty (30) days from the date of our invoice.
4. INTELLECTUAL PROPERTY RIGHTS 4.1 All rights in (i) the Content; and (ii) the trade dress of the Website and any and all trade marks, service marks and logos contained therein (collectively, the "Marks"), are owned by or licensed to us and/or our related entities, and subject to copyright and other intellectual property rights under Singapore and foreign laws and international conventions acceded to by Singapore.
4.2 Nothing contained on the Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use, copy or imitate any Marks without the prior written consent of the relevant owner. We reserve all rights not expressly granted in and to the Marks.
4.3 The Content on the Website is provided to you as is for Approved Use only, and may not be used, sold, copied, reproduced, distributed, transmitted, broadcast, displayed, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent or unless otherwise expressly provided in the descriptive text accompanying the Content, our related entities and the respective rights owners. We reserve all rights not expressly granted in and to the Website and the Content. You agree to and acknowledge that you are not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying and/or distribution of User Submissions (as defined below) obtained through the Website for any other purpose other than for Approved Use. If you download or print a copy of the Content for Approved Use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any and all security related features of our Website or any features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
5. USER SUBMISSIONS AND CONTENT 5.1 The Website may now or in the future permit the submission of information, data, text, articles, photographs, images, graphics, videos, postings, other types of written or visual works and/or other communications in any format or media submitted by you and other users (collectively, the "User Submissions") and the posting, hosting, sharing, broadcast, transmission, reproduction, adaptation, publication and/or other usage of such User Submissions. You understand that whether or not such User Submissions are used, we do not guarantee any confidentiality, publication or non-infringement with respect to such User Submissions.
5.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. By submitting any of your own User Submissions, you further agree to the Terms and Conditions for Contributor Submissions which shall accordingly be incorporated herein.
5.3 You are solely responsible for procuring and ensuring the procurement of any and all necessary licences, permits and releases from any individuals and/or entities in connection with your use of any Content.
5.4 You are solely responsible for the Content that you submit, upload, post, transmit, or otherwise make available on the Website and for your interactions with other users.
5.5 You recognise, acknowledge and agree that we have little or no control over much of the Content, that such Content is not necessarily reviewed by us prior to posting and does not necessarily reflect our opinions, beliefs or views. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you submit, upload, post, transmit or otherwise make available to users. We do not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaim any and all liability in connection with User Submissions.
5.6 We do not assume any responsibility for monitoring the Website for inappropriate Content or conduct. If at any time we should choose, in our sole discretion, to monitor the Website, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content.
5.7 We expressly reserve for ourselves and any party we may choose to designate, the right to delete any Content that violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person, and to reject, refuse to post or remove any Content and/or User Submissions at our sole discretion at any time, with or without cause, with or without prior notice and without any liability. We may also restrict or suspend (for such period and on such terms, if any, as we deem fit or necessary) or terminate a user's access to the Website at any time, with or without cause, with or without prior notice. We also expressly reserve the right to remove the profile/account of any user if we determine in our sole discretion that the user has uploaded, posted, transmitted, made available or is intending to upload, post, transmit, or otherwise make available Content that infringes this Agreement. If you are or become aware of any misuse of the Website by any user, please notify us immediately.
5.8 You may not post, modify, distribute, or reproduce in any way any copyrighted material, trade marks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you are an intellectual property rights owner or an agent thereof and believe that any User Submission or other content infringes upon your rights, please notify us immediately using the procedure set out in Clause 5.
5.9 You understand that when accessing and using the Website, you will be exposed to User Submissions from a variety of sources, and that we are not and cannot be responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us (and/or our related entities) with respect thereto, and agree to indemnify and hold us (and/or our related entities), and our directors, officers, employees, affiliates, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
5.10 We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) at any time without prior notice and at our sole discretion. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any loss of Content arising or resulting from such modification, suspension or discontinuance of the Website.
5.11 The Website may contain links to other websites or resources. We are not responsible for the availability of such external websites or resources, do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such external website or resource.
5.12 You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you understand, acknowledge and agree that you rely on any Content created by us or submitted to us, including all materials and information in articles, discussion forums, image, photograph and video sharing sections and all other parts of the Website at your own risk.
5.13 We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to claims that any Content violates the rights of third-parties or protect the rights, property, or personal safety of us and the users.
6. REMOVAL OF USER SUBMISSIONS 6.1 If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyright or other intellectual property rights, you may submit a notification providing us with the following information in writing:
(a) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to enable us to locate the material;
(b) identification of the owner, or the person authorised to act on behalf of the owner, of the exclusive right that is allegedly infringed;
(c) your name, address, telephone and facsimile number, and e-mail address;
(d) a statement that you have a good faith belief that the submission, uploading, posting, transmission or use of the material in the manner complained of is not authorised by the copyright or intellectual property owner, his/her/its agent, or the law; and
(e) a statement that the information in the notification is true and accurate to the best of your knowledge.
6.2 Upon receipt of the abovementioned specified information, we will use reasonable endeavours to also notify the user concerned of the alleged infringement and provide the user with a copy of your notification. We will take such appropriate measures as we think fit including but not limited to contacting you for more information to verify any alleged infringement, removing such allegedly infringing User Submissions and/or suspending or terminating the access to the Website by any user allegedly infringing any rights.
6.3 If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the requisite authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to submit, upload, post, transmit or otherwise use or make available the content in your User Submission, you may submit a counter-notification providing us with the following information in writing:
(a) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(b) identification of the owner, or the person authorised to act on behalf of the owner, of the content concerned;
(c) your name, address, telephone and facsimile number, and e-mail address;
(d) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(e) a statement that you submit to the jurisdiction of the courts of the Republic of Singapore, and that you will accept service of process from the party who provided notification of the alleged infringement.
6.4 If we receive a counter-notification, we will use reasonable endeavours to provide the original complaining party a copy of the counter-notification informing that party that the removed content may be replaced, or access to it restored, within fourteen (14) calendar days or more after receipt of the counter-notification, at our sole discretion, unless the copyright owner files an action seeking a court order against the content provider, member or user.
7. WARRANTY AND DISCLAIMER YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(B) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
(C) FAILURE TO OBTAIN CLEARANCE, RELEASE, LICENCE, WAIVER OR APPROVAL FROM THE OWNERS OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS IN MATERIALS INCLUDED IN THE WEBSITE OR ANY CONTENT;
(D) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION, OR ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EQUIPMENT DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE;
(F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR
(G) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE ARE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE ACQUISITION OF INFORMATION AND PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT, EXERCISE CAUTION WHERE APPROPRIATE, AND IF NEED BE, SEEK INDEPENDENT LEGAL ADVICE.
8. LIMITATION OF LIABILITY IN NO EVENT SHALL WE (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES HOWSOEVER RESULTING FROM ANY:
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(B) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
(C) FAILURE TO OBTAIN CLEARANCE, RELEASE, LICENCE, WAIVER OR APPROVAL FROM THE OWNERS OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS IN MATERIALS INCLUDED IN THE WEBSITE OR ANY CONTENT;
(D) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
(F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR
(G) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER WE NOR OUR AFFLIATES OR RELATED ENTITIES, SHALL BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9. INDEMNITY You agree to defend, indemnify and hold harmless us, our affiliates and related entities, and the officers, directors, employees and agents of each such foregoing entity, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from:
(a) your use of and access to our Website;
(b) your violation of any term of these Terms of Use;
(c) your violation of any third party right, including without limitation any intellectual property, property, or privacy right; or
(d) any claim that one of your User Submissions caused harm, damage or offence to a third party. This Clause will survive these Terms of Use and your use of our Website.
10. ASSIGNMENT These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without any restriction whatsoever.
11. GENERAL 11.1 These Terms of Use, together with our Privacy Statement and any other terms and conditions incorporated hereunder, shall constitute the entire agreement between you and us concerning our Website.
11.2 The headings and section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
11.3 These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.
11.4 No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision.
11.5 No third party shall have any right pursuant to the Contract (Rights of Third Parties) Act (Cap. 53B) of the Republic of Singapore to enforce any of the above terms and conditions.
I HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. |
View Cart
Terms of Use
