|
Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Exporters.SG. Exporters.SG provides its service to you,
subject to the following Terms of Service ("TOS"), which may be
updated by us from time to time without notice to you. In addition, when using
particular Exporters.SG services, you and Exporters.SG shall be subject
to any posted guidelines or rules applicable to such services which may be
posted from time to time. All such guidelines or rules are hereby incorporated
by reference into the TOS. 2. DESCRIPTION OF SERVICE
Exporters.SG currently provides registered members with access to a
collection of on-line services (the "Service"). Unless explicitly
stated otherwise, any new features that augment or enhance the current Service,
including the release of new Exporters.SG properties, shall be subject to
the TOS. You understand and agree that the Service is provided "AS-IS"
and that Exporters.SG assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings. 3. YOUR REGISTRATION OBLIGATIONS
Exporters.SG is concerned about the safety and privacy of all its users. In
consideration of your use of the Service, you agree to:
- (a) provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information being the
"Members Profile"), and
- (b)
maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Exporters.SG has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, Exporters.SG has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion
thereof).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon being accepted into
Exporters.SG Trade Network. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to
- (a) immediately notify Exporters.SG of any unauthorized use of your
password or account or any other breach of security, and
- (b)
ensure that you exit from your account at the end of each session.
Exporters.SG cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
5. MEMBER CONDUCT
You understand that all information, data, text, graphics, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Content
originated. This means that you, and not Exporters.SG, are entirely
responsible for all Content that you upload, post, email or otherwise transmit
via the Service. Exporters.SG does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or quality of
such Content. Under no circumstances will Exporters.SG be liable in any way
for any Content, including, but not limited to, for 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 or otherwise transmitted via the Service.
You
agree to not use the Service to:
a. Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
b. Harm minors in any way;
c.
Impersonate any person or entity, including, but not limited to, an
Exporters.SG official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
d. Forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
e. Upload, post, email or otherwise transmit any Content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
f. Upload, post, email or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose;
h. Upload, post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
i.
Interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
j.
Intentionally or unintentionally violate any applicable local, state, national
or international law;
k.
"stalk" or otherwise harass another; or
l. Collect
or store personal data about other users.
m.
Involve in fraud or scams.
o. Deal in prohibited goods:
1. Ammunitions and
firearms of any kind 2. Pornographic materials 3. Tobacco, cigarettes, tobacco products 4. Replica and counterfeit items
You
acknowledge that Exporters.SG does not pre-screen Content, but that
Exporters.SG and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, Exporters.SG and its designees
shall have the right to remove any Content that violates the TOS or is otherwise
objectionable. 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 acknowledge
that you may not rely on any Content created by Exporters.SG or submitted to
Exporters.SG, including without limitation information in Exporters.SG
Members Directory, Exporters.SG Product Directory, and in all other parts of the
Service.
You
acknowledge and agree that Exporters.SG 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:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of Exporters.SG, its users and the public.
You
understand that the technical processing and transmission of the Service,
including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the country in which you reside.
7. PUBLIC CONTENT POSTED TO EXPORTERS.SG
(a) For purposes of the TOS, "publicly accessible areas of the
Service" are those accessible by the general public.
(b) With respect to Content you elect to post for inclusion in publicly
accessible areas of Exporters.SG, you grant Exporters.SG the world-wide,
royalty free and non-exclusive license to reproduce, modify, adapt and publish
such Content on the Service solely for the purpose of displaying, distributing
and promoting the specific Exporters.SG Trade Network to which such Content
was submitted, or, in the case of photos or graphics, solely for the purpose for
which such photo or graphic was submitted to the Service. This license exists
only for as long as you elect to continue to include such Content on the Service
and shall be terminated at the time you delete such Content from the Service.
(c) With respect to all other Content you elect to post to other publicly
accessible areas of the Service, you grant Exporters.SG the royalty-free,
perpetual, irrevocable, non-exclusive and fully sub-licensable right and license
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content (in whole or part) worldwide
and/or to incorporate it in other works in any form, media, or technology now
known or later developed.
8. INDEMNITY
You agree to indemnify and hold Exporters.SG, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post to or transmit
through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
10.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Exporters.SG may establish general practices and
limits concerning use of the Service. You agree that Exporters.SG has no
responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the
Service. You acknowledge that Exporters.SG reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that Exporters.SG reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without
notice.
11.
MODIFICATIONS TO SERVICE
Exporters.SG reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Exporters.SG shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Service.
12.
TERMINATION
You agree that Exporters.SG, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if Exporters.SG believes that you have
violated or acted inconsistently with the letter or spirit of the TOS.
Exporters.SG may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge and agree that
Exporters.SG may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to
such files or the Service. Further, you agree that Exporters.SG shall not be
liable to you or any third-party for any termination of your access to the
Service.
In
addition, Exporters.SG may terminate your account in cases of:
(a) suspected of fraud and scam
(b) failed checks conducted by Exporters.SG/partners
(c) trading of products that are unlawful or violate copyrights
(d) unfavorable trade and business practices
13.
DEALINGS WITH ADVERTISERS AND AMONG MEMBERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers/members found on or through the Service, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such advertiser/member. You agree that Exporters.SG shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers/members on the
Service.
14.
LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Exporters.SG has no control over such
sites and resources, you acknowledge and agree that Exporters.SG is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that Exporters.SG 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 site or resource.
15.
EXPORTERS.SG'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by
Exporters.SG or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
16.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. EXPORTERS.SG EXPRESSLY 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 AND
NON-INFRINGEMENT.
b. EXPORTERS.SG MAKES NO WARRANTY THAT
(i) SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
EXPORTERS.SG OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
17.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXPORTERS.SG SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EXPORTERS.SG HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE
SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
18.
EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
19.
NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
20.
GENERAL INFORMATION
The TOS constitute the entire agreement between you and Exporters.SG and
govern your use of the Service, superceding any prior agreements between you and
Exporters.SG. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between you and Exporters.SG shall be governed by the laws of The Republic of Singapore
without regard to its conflict of law provisions. You and Exporters.SG agree
to submit to the personal and exclusive jurisdiction of the courts located
within the county of The Republic of Singapore. The failure of Exporters.SG
to exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain in full
force and effect. The
section titles in the TOS are for convenience only and have no legal or
contractual effect.
|
|