The Terms of Service denote legally binding terms and conditions for Users of the Website and the Existgreat Services.
Terms of Service Acceptance
• When a User accesses the Services in any way, including but not limited to visiting the Website or registering for the Services, the User agrees to the Terms of Service and all other policies, procedures, and rules, published by the Company occasionally on the Website. Each of these is incorporated by reference to them here and each of these might update occasionally without notice to Users.
• Certain Services might have terms and conditions in addition to those expressed herein, as occasionally specified by the Company. Users of said Services are subject to the additional terms and conditions, which are incorporated herein, into this Terms of Service disclosure, by reference made thereof.
• The Terms of Service covers all Users accessing the Services, including, without limitation, Users who are either registered or non-registered, who contribute content, information, and other items to the Website.
• CLASS ACTION WAIVER AND ARBITRATION: USERS AGREE THAT EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, DISPUTES BETWEEN A USER AND THE COMPANY WILL BE RESOLVED BY BINDING ARBITRATION AND ALL USERS WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION AGAINST THE COMPANY.
• Eligibility – Each User represents and warrants that he or she is at least 13-years old. If a User is less than 13-years old, said User may not use the Services. The Company may, in its sole discretion, refuse the Services to any entity or person. The Company may change the eligibility criteria without notice. Users are solely responsible to ensure that the Terms of Service comply with all laws, regulations, and rules applicable to them. Access to the Services is revoked where the Terms of Service or use of the Services is prohibited or conflicts with any applicable law, regulation, or rule. Furthermore, the Services are only for individual Users and not offered for the benefit of any unrelated third party.
• To use the full features of the Services, Users create an account (the “Account”) utilizing a username, their email address, and a password. Users have the option to log in to use the Services by using their Facebook login information. Certain parts of the Services are publicly available, even for those without an Account. However, to enjoy the full features of the Services, this requires a User to register for an Account. Users must provide complete and accurate information. Users need to keep Account information up-to-date. Users are not permitted to 1) impersonate another person by using his or her name as a username; 2) choose a username that is subject to any rights restrictions by another person, without written authorization; or 3) use a word for a username, which is offensive, obscene, or vulgar.
Users are solely responsible for activity occurring on their Account and for keeping their password for the Account secure. A User is prohibited from using another person’s Account or Personal Information to access the Services without authorization.
Users need to notify the Company of any eligibility changes regarding the Services immediately. This includes changes made to any licenses in any State or revocation of said licenses. This also includes security breaches and Account usage by unauthorized persons.
Users should not distribute, post, or publish Account login information on any public forum. Users should never publish, distribute, or post login information to their Account. Users can delete an account by proving they are the authorized User and requesting account deletion by an email sent to email@example.com
• Users who access the Services through a Facebook login give permission to the Company to have information from the User’s Facebook account. The information available from Facebook depends on the privacy settings the User has made in the Facebook account settings.
• Definition of Content – “Content” covered by the Terms of Service, includes, without limitation, content produced by the Company and contributed by Users, such as articles, audio clips, data, comments, graphics, information, photographs, posts, text, videos, scripts, software, and interactive multi-media, and any other content accessed by a User through the Services.
• User Content – “User Content” is any and all content added, created, distributed, posted, submitted, and/or uploaded to the Services by Users whether or not the post is public or private. User Content is the sole responsibility of the person who was the original source of the same. Users represent that all User Content provided is up-to-date, complete, accurate, and complies with applicable laws, regulations, and rules. Users acknowledge that Content accessed through the Services, which is includes User Content, is done at the User own risk and the User will be solely responsible for any damage or loss to themselves or any other third party resulting from accessing said Content. The Company does not guarantee that Content accessed through the Services is accurate or will continue to remain accurate.
• Notices and Restrictions – The Services may offer Content specifically provided by the Company, its business partners, or Website Users. Such Content has the protection of any related copyrights, patents, service marks, trademarks, trade secrets or other proprietary rights under law. Users agree to abide by and maintain all copyright restrictions related to Content accessible in the Services.
• Use License – According to the Terms of Service, the Company grants every User of the Services a global, non-exclusive, license to use the Content (that is not transferable or able to be sub-licensed), to the extent the Company has such rights. This license is granted only to access the Services. Any other use, distribution, modification, storage, or reproduction, of Content for another purpose than use of the Services is expressly prohibited without prior permission in writing from the Company. Users are prohibited from licensing, renting, selling, or otherwise exploiting any Content for commercial purposes or using Content in a way that violates the rights of third parties.
• License Grant – Users who submit Content through the Services, grant the Company a fully-paid, non-exclusive, perpetual, royalty-free, worldwide, license to aggregate, display, distribute, edit, modify, perform, reproduce, truncate, use, prepare derivative works from, and otherwise exploit User Content in relation to the Website, the Services, and the Company’s successors and assigns, including without limitation for promotion and redistribution of part or all of the Website or the Services, and derivative works, in any and all media and through any channels. This includes, without limitation, RSS feeds and websites of third parties. This granting of this license remains intact even after cancelation of a User Account. This license may be sublicensed and transferred by the Company, at the Company’s sole discretion. The license grant includes the Company’s right to display, distribute, perform, and otherwise use the User Content in connection with material provided by any of the Company’s sponsors. Users are not entitled to remuneration for use of content they contribute. To the extent, any User Content submitted includes a name, likeness, photograph, or voice recording; the User acknowledges and agrees that the license shall apply in equal manner to the same. Users grant each other User of the Website and/or the Services, a non-exclusive, perpetual license to access User Content through the Website and/or the Services, and to display, distribute, edit, modify, reproduce, prepare derivative works from, use, and perform such User Content, including after a User Account is cancelled. The foregoing license grants the Company and its Users, rights that do not affect other ownership or license rights of the User Content, including the right to grant additional licenses for the same User Content, unless otherwise agreed by the Company and the User in writing. Users represent and warrant that he or she has all the rights needed to grant such a license to the Company that will not cause infringement or violation of any rights of third parties, including without limitation, any contract rights, copyrights, privacy rights, proprietary rights, publicity rights, trademarks, or any other intellectual property rights.
• Availability of Content – The Company makes no guarantee that Content will be placed on the Website or available through the Services. The Company reserves the right to, but does not have an obligation to, 1) edit, modify, remove, or otherwise manipulate any Content in the Company’ sole discretion, at any time, without notice to any User and for any reason. This includes, but is not limited to, upon receipt of third-party allegations and/or claims by authorities relating to such Content or if the Company becomes concerned that there is a violation of the Terms of Service, or for no reason at all, and; 2) to block or remove any Content accessible through the Services.
• Users shall not and shall not permit third parties to 1) take action or; 2) download, post, submit, upload, or otherwise distribute or facilitate distribution of any Content through the Service, including, without limitation, any User Content, which is the following:
• An infringement of any copyright, right of publicity, patent, trademark, trade secret, or other rights of any other entity or person, or that violates a contractual obligation or law.
• The User knows the information to be false, inaccurate, misleading, untruthful or;
• Is abusive, contains or depicts nudity, contains or depicts sexual activity, is deceptive, defamatory, fraudulent, harassing, is an invasive of another’s privacy, libelous, obscene, pornographic, profane, threatening, tortuous, unlawful, vulgar, offensive, or is otherwise inappropriate as determined by the Company in its sole discretion;
• Constitutes advertising that is unauthorized or unsolicited, junk mail, or bulk e-mail (“spam”);
• Contains a software virus or any other malicious computer code, files, or programs that are designed and/or intended to damage, disrupt, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of either the Company or a third party;
• Impersonates an entity or person, including any of the employees or representatives of the Company; or
• Includes any person’s documents of identification or private financial information.
• Users shall not: 1) take any action that causes, as determined by the Company in its sole discretion, an extraordinary or disproportional load on the Company’s or its third-party providers’ network and computer server infrastructure; 2) interrupt the Services or conduct any activities, with the intent to disrupt the Services; 3) attempt to bypass or succeed in bypassing or circumventing any measures used by the Company to prevent or restrict access to the Services or other accounts. This includes computer networks and systems connected to the Services; 4) run any types of auto-responder or “spam” generator on the Services; 5) use automated or manual software, devices, or other application processes to “crawl” or “spider” the web pages of the Website; 6) scrape or harvest Content from the Services; or 7) otherwise take an action that violates the Company’s policies and guidelines.
• Users shall not (directly or indirectly): 1) disassemble, decipher, decompile, reverse engineer, or attempt to derive any source code or underlying ideas or algorithms from any portion of the Services. This includes, without limitation, any application, except to the limited extent applicable laws specifically prohibit such a restriction; 2) modify, translate, or create derivative works of any portion of the Services, or; 3) copy, rent, lease, distribute, or otherwise transfer any of the rights that are given to a User. Users must abide by all applicable local, state or province, national, and international laws and regulations.
• The Company reserves the right to access, preserve, read, and disclose any information that the Company believes is necessary to 1) satisfy any applicable governmental request, law, legal process, and regulation; 2) enforce the Terms of Service, including investigation of potential violations; 3) detect or prevent fraud; 4) address security or technical issues; 5) respond to support requests from Users, or; 6) protect the property, safety, rights of the Company, its Users and the general public.
• Third Party Services – The Services may permit a User to link to other websites, services, or resources on the Internet, including, but not limited to, the Company’s sponsors. When a User accesses third party resources on the Internet, they do so at their own risk. These other resources are not under the Company’s control. Users acknowledge that the Company is not responsible or liable for the accuracy, content, functions, legality, appropriateness, or any other aspect of other websites or resources. The inclusion of any such link does not imply the Company’s endorsement or any association between the Company and third parties. Users further acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with the use of, or reliance on, any such content, goods, or services available on or through any such website or resource.
• Termination – The Company may terminate a User’s access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with a User’s membership. If a User wants to terminate their Account, he or she may do so by sending an email to firstname.lastname@example.org. All provisions of the Terms of Service, which by their construct should survive termination, shall survive termination, including, without limitation, indemnity, licenses of User Content, limitations of liability, ownership provisions, and warranty disclaimers.
Disclaimer for Warranty
• The Company has no special relationship with or fiduciary duty to any User. Users acknowledge that the Company has no duty to take any action regarding:
• The Users who gain access to the Services;
• What Content Users access via the Services; or
• How a User may interpret or use the Content.
• Users release the Company from all liability for them having acquired or not acquired Content through the Services. The Company makes no representations concerning any Content contained in or accessed through the Services, and the Company will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content accessed through the Services.
• THE SERVICES AND CONTENT ARE PROVIDED “AS AVAILABLE”, “AS IS”, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THE IMPLIED WARRANTIES OF TITLE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AGENTS, CONTENT PROVIDERS, DIRECTORS, EMPLOYEES, PARTNERS, AND SUPPLIERS, DO NOT WARRANT THAT: 1) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; 2) ANY DEFECTS OR ERRORS WILL BE CORRECTED; 3) ANY CONTENT OR SOFTWARE AVAILABLE THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR 4) THE RESULTS OF USING THE SERVICES WILL MEET A PARTICULAR USER’S REQUIREMENTS. USERS MAKE USE OF THE SERVICES SOLELY AT THEIR OWN RISK.
• Indemnification – Users shall defend, indemnify, and hold harmless the Company, its affiliates, contractors, directors, employees, suppliers, and representatives, from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to use or misuse of, or access to, the Services, Content, or User Content, violation of these Terms of Service, or infringement by a User, or any third party using a User’s Account or identity in the Services, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by a User, in which event the User will assist and cooperate with the Company in asserting any available defenses.
• Limitation of Liability – IN NO EVENT SHALL THE COMPANY, NOR ITS AGENTS, CONTENT PROVIDERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES 1) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DATA LOSS, LOST PROFITS, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); 2) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR; 3) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) US$500.00.
• CLASS ACTION WAIVER AND ARBITRATION CLAUSE – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
• Arbitration – USERS AGREE THAT ALL DISPUTES BETWEEN THE USER AND THE COMPANY (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO A USER’S RELATIONSHIP WITH THE COMPANY, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE TERMS OF SERVICE, USERS USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. USERS AND THE COMPANY HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT AND OTHER RIGHTS THAT A USER AND THE COMPANY WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. USERS GIVE UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM USERS MAY HAVE AGAINST THE COMPANY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
Users also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving other Accounts, if the Company is a party in the legal action. This dispute resolution provision will be governed by the rules of the Singapore International Arbitration Centre and not by any other laws concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with the Terms of Service.
• Severability – If the prohibition against class actions and other claims brought on behalf of third parties contained in the Terms of Service is unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of a User’s relationship with the Company.
• Governing Law and Jurisdiction – The Terms of Service shall be governed by and construed in accordance with the laws of Singapore. Users agree that any dispute arising from or relating to the subject matter of the Terms of Service shall be governed by the exclusive jurisdiction and venue of the country of Singapore.
• Modification – The Company reserves the right, in its sole discretion, to modify or replace any part of the Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any content, database, or feature) at any time by posting a notice on the Website or by sending the Users a notice through the Services, via e-mail or by another appropriate means of electronic communication. The Company may also impose limits on certain features and services or restrict User access to parts or all of the Services without notice or liability. While the Company will timely provide notice of modifications, it is also the User’s responsibility to check the Terms of Service occasionally for changes. Continued use of the Services following notification of any changes to the Terms of Service, constitutes acceptance of those changes.
• Entire Agreement and Severability – The Terms of Service are the entire agreement between a User and the Company with respect to the Services, including use of the Website, and supersede all prior or contemporaneous communications and proposals (whether electronic, oral, or written) between a User and the Company with respect to the Services. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force, in effect, and enforceable. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
• Force Majeure – The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, electronic, communications, and/or mechanical failure or degradation.
• Assignment – The Terms of Service are directly for a specific User, and are not assignable or transferable. They are not permitted to be sublicensed by a User, except with the Company’s prior consent in writing. The Company, may assign, delegate, or transfer any of its rights and obligations hereunder without consent.
• Agency – No agency, joint venture, partnership, or employment relationship is created as a result of the Terms of Service. Neither party has any authority of any kind to bind the other in any respect.
• Notices – Unless otherwise specified in the Terms of Service, all notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Send electronic notices for the Company to email@example.com
• No Waiver – The Company’s failure to enforce any part of the Terms of Service shall not constitute a waiver of the Company’s right to enforce that or any other part of the Terms of Service later. Waiver of compliance in any particular instance does not mean that the Company will waive compliance in the future. In order for any waiver of compliance with the Terms of Service to be binding, the Company must provide a User with written notice of such waiver through one of the Company’s authorized representatives.
• Headings – The section and paragraph headings in the Terms of Service are for convenience only and shall not affect the interpretation.
Contact – You may contact the Company at the email address: firstname.lastname@example.org
[Updated January 5, 2018]