Online Terms of Use

 

1. Your Agreement & Acceptance

 

a. By 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 (the "Terms of Use”), and to the Privacy Statement. You also agree that that the laws of the Republic of Singapore law will govern our agreement, and further agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore for any dispute about or involving the Website. 

 

b. Please read this Terms of Use carefully. If you do not agree with this Terms of Use, you must IMMEDIATELY leave the Website and discontinue using it and any of the services provided therein.  

 

  1. In order to participate in certain 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.

 

d. This Terms of Use may be amended or modified from time to time at any time without notice, and such amendment or modification shall be effective and binding upon posting onto the Website. Your continued use of the Website signifies your agreement and acceptance of any revised terms and conditions. 

 

2. Website Access, Registration and Usage

 

a. We grant you permission to use the Website and the Contents (as defined below) strictly in accordance with this Terms of Use, provided always that: 

 

i. your use of the Website and the Contents as permitted is strictly and solely for your information and for your personal, non-commercial use (“Approved Use”); 

 

ii. you will not copy, reproduce, distribute, transmit or adapt any part of the Website and the Contents in any medium or format without our prior written consent; 

 

iii. you will not alter or modify any part of the Website other than as expressly permitted by us; and 

 

iv. you will otherwise comply with the terms and conditions of these Terms of Use.

 

b. In order to access some features of 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 (ID) on the Website, accessing the Website through a single ID made available to multiple users on a network, and unauthorized use of another’s ID is prohibited. In the event of inappropriate ID use, we may cancel, restrict or suspend (for such period and on such terms, if any, as it deems fit or necessary) your access to the Website without liability whatsoever.

 

c. When registering to create your account, you warrant that you have provided accurate, truthful, complete and lawful information.

 

d. 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 unauthorized use of your ID and for maintaining the confidentiality of your ID and for keeping it secure. Please notify us immediately if you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID. 

 

e. You agree not to collect or harvest any personally identifiable information, including any IDs, 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. Intellectual Property Rights

 

The content on the Website, except all User Submissions (as defined below), including (but not limited to) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the "Content") and all and any trademarks, service marks and logos contained therein (collectively, the "Marks"), are owned by or licensed to us and/or its related entities, and subject to copyright and other intellectual property rights under Singapore and foreign laws and international conventions acceded to by Singapore. Content on the Website is provided to you AS IS for Approved Use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of us, its related entities and the respective rights owners. We reserves 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 of third parties 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 all and any 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.

 

4. User Submissions

 

a. The Website may now or in the future permit the submission of videos, photos, postings (including but not limited to song postings and private messages) 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.

 

b. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: 

 

i. the User Submissions are your original works and do not and will not infringe the copyright or any other rights of any third party; you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and 

 

ii. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. By submitting the User Submissions to the Website, you hereby irrevocably grant us a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, adapt, distribute, prepare derivative works of, display, and perform the User Submissions whether in connection with the Website and our (and our successor's) business or otherwise, including without limitation for marketing, promoting and/or re-distributing part or all of the Website (and derivative works thereof) in all and any media and formats and through all and any channels. 

 

c. You also hereby irrevocably grant each user of the Website a non-exclusive perpetual license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. 

 

d. In connection with User Submissions, you further agree that you will not: 

 

i. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; 

 

ii. publish falsehoods or misrepresentations that could damage us or any third party; 

 

iii. submit any material that: is illegal; unlawful; obscene; lewd; sexually explicit or exploitative; defamatory; libelous; threatening; pornographic; excessively violent; harassing; hateful; socially, politically, racially, religiously or ethnically offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; encourages conduct that would be considered a criminal offence, or give rise to civil liability; violates any law; solicits personal information from Users; provides any telephone numbers, postal address, last names, URLs or email addresses; promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work (e.g. providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-control or copy-protect devices, or providing pirated music or links to pirated music files); involves the transmission of “junk mail”, “chain letters”, unsolicited mass mailing or instant messaging; contains restricted or password only access pages or hidden pages or images; furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; involves commercial and promotional activities and/or sales without our prior written consent;  includes a photograph of another person you have posted without that person’s consent; use sexual imagery, innuendoes, or any other unfair, misleading or deceptive Content or User Submissions intended to draw traffic to any profile posted; or is otherwise inappropriate, objectionable or unacceptable; 

 

iv. post advertisements, solicitations of IDs, personal identifying information or business, affiliate links, spam or anything of a similar nature, or collect user names and/or email addresses of other Users other than for Approved Use; or

 

v. impersonate another person or post false messages. 

 

e. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. We reserves the right to reject, refuse to post or remove any Content and/or User Submissions at its 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 it deems fit or necessary) or terminate a User's access to the Website at any time, with or without cause, with or without prior notice. If you are or become aware of any misuse of the Website by any User, please notify us immediately.

 

f. 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. Upon receipt of the abovementioned specified information, we will take such appropriate measures as we thinks fit (including legal action) and as soon as reasonably practicable in the circumstances, including but not limited to removing such allegedly infringing User Submissions and/or suspending or terminating the access to the Website by any User allegedly infringing any rights, and may contact you for more information to verify any alleged infringement. 

 

g. You understand that when using the our 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 its related entities) with respect thereto, and agree to indemnify and hold us (and/or its related entities), and their 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.

 

h. We allow you to link to materials on the Website for Approved Use only. In addition, the Website may now or in future provide an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the our Website on the pages containing the Embeddable Player. We reserve the right to discontinue any aspect of the Website at any time without prior notice and at its sole discretion.

 

5. Warranty and Disclaimer

 

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE (AND/OR OUR RELATED ENTITIES), THEIR 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 ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) 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 POSTED, EMAILED, 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 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 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.

 

6. Limitation of Liability

 

IN NO EVENT SHALL WE (AND/OR OUR RELATED ENTITIES), THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES HOWSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) 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 POSTED, EMAILED, 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 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. 

 

The Website is controlled and offered by us from its 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. 

 

7. Indemnity

 

You agree to defend, indemnify and hold harmless us, its 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 damage to a third party. This Clause will survive these Terms of Use and your use of our Website.

 

8. Ability to Accept Terms of Use

 

You warrant and represent that you are more than 18 years of age, or, if you are between 12 and 18 years of age, that you possess legal parental or guardian consent, and are fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. 

 

9. 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. 

 

10. General

 

a. 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 (the “Agreement”). 

 

b. For the avoidance of doubt, in no event shall the invalidity of such provision affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. 

 

c. 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.

 

d. 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.