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TERMS OF USE AGREEMENT
("Agreement")
ACCEPTANCE
OF TERMS THROUGH USE
By
using this site, you ("User") signify your agreement to these
terms and conditions. If you do not agree to this Agreement please do
not use this site.
Please
check this Agreement periodically for changes as the Owner of this site 1st
Singapore Web Hosting reserves the right to revise this Agreement and
your continued use of this site following the posting of any changes to
the Agreement constitutes acceptance of such changes. The Owner reserves the right to terminate a User's use of this site at any time
without notice and may do so for any breach of this Agreement or the
instructions on this site by User. This Agreement applies to licensors
and advertisers as well.
YOU
MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This
Agreement must be completed, understood and agreed to by a person over
18. If a parent or guardian wishes to permit a person under 18, and
under his or her supervision, to use this site, he or she should email
the Owner with his or her explicit permission and acceptance of full
legal responsibility for the minor to do so. If you are not yet 18, if
you are easily offended, or are accessing this site from any country
where material on this site is prohibited or illegal, please leave now
as you do not have permission to access this site.
LICENSE
TO USE THIS SITE
Upon
your agreement to this Agreement, the Owner hereby grants you a
non-exclusive, non-transferable limited license to use this site in
strict accordance with the terms and conditions in this Agreement and as
permitted via instructions on this site. You agree not to make any false
or fraudulent statements in your use of or to gain access to this site.
You acknowledge and agree that all content and services available on
this site are property of the Owner and its advertisers and licensors
and are protected by copyrights, moral rights, trademarks, service
marks, patents, trade secrets, and other proprietary rights and laws internationally. All rights not expressly granted herein
are fully reserved by the Owner, its advertisers and licensors.
LICENSE
RESTRICTIONS
Use
Except
as may be explicitly permitted through this site, you agree not to save,
download, cut and paste, sell, license, rent, lease, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit, or create derivative works from materials, code or content
on or from this site. Systematic retrieval of data or other content from
this site to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from the
Owner is prohibited. In addition, use of the content or materials for
any purpose not expressly permitted in this Agreement is prohibited.
Security
You
agree that if you are issued a Username and Password by the Owner, you
shall use your best efforts to prevent access to this site through your
Username and Password by anyone other than yourself, including but not
limited to, keeping such information strictly confidential, notifying
the Owner immediately if you discover loss or access to such
information by another party not under your control and supervision, and
by using a Username and Password not easily guessed by a third party.
You
agree that you shall not try to reverse engineer, reverse assemble,
reverse compile, de-compile, disassemble, translate or otherwise alter
any executable code, contents or materials on or received via this site.
You understand that such actions are likely to subject you to serious
civil and criminal legal penalties and that the Owner shall pursue
such penalties to the full extent of the law to protect its rights and
the rights of its other licensors.
International
Users
Accessing
this site, and services, products or contents available on this site,
except as expressly allowed through instructions and truthful statements
by the User in regard to use of this site, from places outside of Singapore or where their contents are illegal, is prohibited. Those who choose to
access this site from other locations do so knowingly on their own
initiative and voluntarily at their own risk and are responsible for
compliance with local laws.
Export
You
agree that you shall comply with all applicable export and import
control laws and regulations in your use of this site, or materials or
services received through this site, and, in particular, you shall not
export or re-export anything on or received through this site in
violation of local or foreign export laws and/or without all required
Singapore and foreign government licenses.
USER'S
LICENSE GRANT TO SITE
Except
with regard to personal information, all information which you post on
this site or communicate to the Owner through this site (collectively
"Submissions") shall forever be the property of the Owner.
You agree to the Site Submission Rules found below as part of this
Agreement if provided on the site by the Owner. Without limitation, the
Owner shall have
exclusive ownership of all present and future existing rights to any
Submission of every kind and nature everywhere. You acknowledge that you
are fully responsible for the message, including its legality,
reliability, appropriateness, originality and copyright. You hereby
represent and warrant that your Submission does not infringe the rights
of any third party.
TRADEMARKS
The
Owner's, licensors' or other third party materials, services or
products referenced on this site are common law or registered trade
marks or service marks of such parties.
THIRD
PARTY SITES
You
may be transferred to online merchants or other third party sites
through links or frames from this site. You are cautioned to read such
sites' Terms and Conditions and/or Privacy Policies before using such
sites in order to be aware of the terms and conditions of your use of
such sites. These sites may contain information or material that is
illegal, unreasonable or that some people may find inappropriate or
offensive. These other sites are not under the control of the Owner,
are not monitored or reviewed by the Owner, and the Owner is not
aware of the contents of such sites. You acknowledge that the Owner is
not responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the contents or any transmissions
received through such sites. The inclusion of such a link or frame does
not imply endorsement of this site by the Owner, its advertisers or
licensors, any association with its operators and is provided solely for
your convenience. You agree that the Owner and its licensors have no
liability whatsoever from such third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
THE
OWNER, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR
WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED
ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE OWNER,
ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH
REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH
USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS
SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. THE OWNER, ADVERTISERS AND/OR ITS LICENSORS DO NOT
WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE
ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT
ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS
SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS
SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO
WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN
WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION
OF LIABILITY
UNDER
NO CIRCUMSTANCES SHALL THE OWNER, ADVERTISERS AND/OR ITS LICENSORS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR
INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH
THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF THE OWNER, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE OWNER, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS'
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You
agree to defend, indemnify, and hold harmless the Owner, its
advertisers, licensors, subsidiaries and other affiliated companies, and
their employees, contractors, officers, agents and directors from all
liabilities, claims, and expenses, including attorney's fees, that arise
from your use of this site, or any services, information or products
from this site, or any violation of this Agreement. The Owner reserves
the right, at it own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in
which event you shall cooperate with the Owner in asserting any
available defenses.
LEGAL
COMPLIANCE
Owner
may suspend or terminate this Agreement or User's use immediately upon
receipt of any notice which alleges that User has used this site for any
purpose that violates any local, state, federal or law of other
countries,
including but not limited to the posting of information that may violate
third party rights, that may defame a third party, that may be obscene
or pornographic, that may harass or assault others, that may violate
hacking or other criminal regulations, etc. of its agents, officers,
directors, contractors or employees. In such event, Owner may disclose
the User's identity and contact information, if requested by a
government or law enforcement body or as a result of a subpoena or other
legal action, and Owner shall not be liable for damages or results
thereof and User agrees not to bring any action or claim against Owner for such disclosure.
CHOICE
OF LAW AND FORUM
This
site (excluding third party linked sites) is controlled by the Owner from
his office within the Republic of Singapore. It can be
access from other countries around the
world to the extent permitted by site. As each of these places has laws
that may differ from Singapore, by accessing this site, both you and the
Owner agree that the statues and laws of Singapore shall apply to any
actions or claims arising out of or in relation to this Agreement or
your use of this site, without regard to conflicts of laws principles
thereof. You and the Owner also agree and hereby submit to the filing
of any claim only in the exclusive personal jurisdiction and venue of
Singapore and any legal proceedings shall be conducted in English. The
Owner makes no representation that materials on this site are
appropriate or available for use in other locations, and accessing them
from territories where their contents are illegal is prohibited. This
Agreement shall not be governed by the United Nations Convention on
Contracts for the Sale of Goods.
CLAIMS
OR REPRESENTATIONS
EVERY
EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE PRODUCTS/SERVICES AND IT'S
POTENTIAL. EXAMPLES IN THIS SITE ARE NOT TO BE INTERPRETED AS A
PROMISE OR GUARANTEE OF USING THE PRODUCTS/SERVICES IN THIS SITE.
MATERIALS
IN OUR PRODUCTS/SERVICES AND OUR WEB SITE MAY CONTAIN INFORMATION THAT INCLUDES OR
IS BASED UPON FORWARD-LOOKING STATEMENTS. FORWARD-LOOKING STATEMENTS
GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY
THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO
HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,”
“ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,”
“BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN
CONNECTION WITH A DESCRIPTION OF POTENTIAL PERFORMANCE.
ANY
AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL
ARE INTENDED TO EXPRESS OUR OPINION OF PERFORMANCE POTENTIAL. MANY FACTORS
WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES
ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE,
IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM
OUR PRODUCTS OR SERVICES.
MISCELLANEOUS
This
Agreement incorporates by reference the Site Submission Rules if this
site allows posting and posts such Rules. This Agreement constitutes the
entire agreement between the parties related to the subject matter
thereof, supersedes any prior or contemporaneous (oral, written or
electronic) agreement between the parties and shall not be changed
except by written agreement signed by Owner. If any
provision of this Agreement is prohibited by law or held to be
unenforceable, the remaining provisions hereof shall not be affected,
and this Agreement as much as possible under applicable law shall
continue in full force and effect as if such unenforceable provision had
never constituted a part hereof and the unenforceable provision shall be
automatically amended so as to best accomplish the objectives of such
unenforceable provision within the limits of applicable law. User shall
not assign or transfer this Agreement and any such transfer shall be
void.
SITE SUBMISSION RULES
By using features of this site that allow you to post or otherwise
transmit information to or through this site, or which may be seen by
other users, you agree that you shall not upload, post, or otherwise
distribute or facilitate distribution of any content - including text,
communications, video, software, images, sounds, data, or other
information - that:
"is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortious, obscene,
sexually explicit or graphic, or otherwise in violation of this site's
rules or policies;
"victimizes, harasses, degrades, or intimidates an individual or
group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
"infringes any patent, trade mark, service mark, trade secret,
copyright, moral right, right of publicity, privacy or other proprietary
right of any party;
"constitutes unauthorized or unsolicited advertising, junk or bulk
e-mail (also known as "spamming"), chain letters, any other
form of unauthorized solicitation, or any form of lottery or gambling;
"contains software viruses or any other computer code, files, or
programs that are designed or intended to disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications equipment
or to damage or obtain unauthorized access to any data or other
information of any third party; or
"impersonates any person or entity, including any employee or
representative of this site, its licensors or advertisers."
You
also agree that you shall not harvest or collect information about the
users of this site or use such information for the purpose of
transmitting or facilitating transmission of unsolicited bulk electronic
e-mail or communications for any other commercial purpose of your own or
a third party.
You
further agree that you shall not solicit or collect information, or
attempt to induce any physical contact with, anyone 18 years old or
younger without appropriate prior verifiable express parental consent.
This
site generally does not pre-screen, monitor, or edit the content posted
by users of this site. However, this site and its agents have the right,
at their sole discretion, to remove any content that, in this site's
sole judgment, does not comply with the Site Submission Rules or is
otherwise harmful, objectionable, or inaccurate. This site is not liable
for any failure, delay, damages or results, in removing such content.
This site reserves the right to revise this Agreement
at its discretion, so check back from time to time to
be sure you are complying with the current version.
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