Terms of Service
By these Terms of Service, effective as of May 1st, 2017, we describe the terms on which we provide our services and products relating to our website.This website can be used under the terms described below and by accessing and/or using it you are unconditionally and irrevocably accepting to be bound by the terms and conditions described in these Terms of Service and any modified or additional terms that we may enact from time to time (jointly referred to as the "Terms of Service").
We may change provisions of the Terms of Services from time to time with or without (at our choice) notice. Therefore, please check the Terms of Service regularly. Your continued use of this website after any changes to the Terms of Service been enacted will signify your unconditional and irrevocable acceptance with the made changes. If you breach any of the Terms of Service, your license to access or use this site shall automatically terminate.
Please take your time to read this document carefully as it is very important to understand each provision of this document before accessing or using this website. This will allow you to enjoy our services and products in the best possible way. Should you have any comments or questions related to the Terms of Service, please, contact us at firstname.lastname@example.org
IMPORTANT! Do NOT use our website if you disagree with any of the terms described in the Terms of Service.
In the Terms of Service: (i) “we”, “us”, “our” refer to [Digital Marketplace PTE. LTD. registered in Singapore with Registration No. 201709365K with registered office address 10 Anson Road #29-05a International Plaza Singapore (079903)]; (ii) “you”, “your” refers to you, i.e. the person accessing and/or using this website; (iii) “person” refers to individual, legal entity, corporate body, non-governmental organization and/or governmental organization (any authority) and (iv) “trademark” refers to any common law or registered trademarks, logos, service or product marks, trade names, Internet domain names, including name of this site, or other indications of origin now if in the future used by us. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. Any reference that you might find on our site to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
We provide you with many services and products. When using them, please, stay compliant with provisions of this document and other documents relating to our services and products , applicable laws and regulations. By accessing and using our website, our services and products, you unconditionally and irrevocably agree NOT to: (i) access (or attempting to access) our site and/or any of our services, products by any means other than through the means we provide; and/or be engaged in any activity that disrupts or interferes with our site, services and/or products, including the servers and/or networks to which our site is located or connected; (ii) violate, either by acting or withholding from acting, the Terms of Service, applicable laws, regulations and generally accepted online practices and/or our rights, as well as rights of any other person (including, but not limited to, copyright and/or intellectual property rights); (iii) abuse, defame, harass, stalk or threaten us and/or another person; (iv) without our prior written permission copy, duplicate, reproduce, sell, trade, or resell our website, services and/or products, or any parts thereof; (v) access and/or use our site, services and/or products, for purposes not relate to your business with us, our affiliates, partners and/or service providers; (vi) access and/or use our site, services and/or products for any person if you are not expressly and legally authorized by such person to do so; (vii) access and/or use our website, services and/or products to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information or visuals, including but not limited to real or imaginary video, image, text, audio recording, or other content that: exploits minors; depicts unlawful or violent acts, animal cruelty or violence towards animals; promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition.
By accessing and using our site, services and/or products you unconditionally and irrevocably agree that at any time and for any reason, with or without notice we, as well as our affiliates, partners or service providers, acting on our behalf, may: (i) modify, replace, or discontinue any of our services and/or products; (ii) collect data related to your use of our site, services and/or products;and/or (iii) use your credentials to upload on your behalf your data, files, images, audio, text, visuals and similar, into your online accounts in stock agencies selected by us, and that would not impact any of your business and contractual relations with such stock agencies.
Some parts of our site, services and/or products that’s been released to you may still be testing, i.e. not be fully functional. Hence, you may not be able to use them to the full extent. Those parts may be marked in a way that their limited functionality is clear to you and other users of our site, services and/or products.
By accessing and using our site, services and/or products you unconditionally agree that we may, at our sole discretion, suspend or terminate your access to all or part of our site, services and/or products with or without notice and for any reason, including, but not limited to, breach of the Terms of Service, laws and regulations. Any suspected illegal, fraudulent or abusive activity may be grounds for us to terminate our relationship and may be reported to appropriate law enforcement authorities. Upon suspension or termination, your right to use our site, services and/or products, will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
By submitting, uploading and/or posting any data, image or any other content (hereinafter the “Data”) to our website, you unconditionally and irrevocably provide us with an unlimited, worldwide, exclusive, royalty-free permission, license and right to copy, transmit, distribute, publicly perform and display (through all media now known or created in future), archiving, preserving and/or using the Data (any part thereof) for disputes, legal proceedings, or investigations.
You can find on our website lots of digital images, trademarks and other content that we might add to our website from time to time (jointly referred to as the “IP Content”). IP Content and any part of it is protected by relevant copyright, trademark, know-how, patent, trade secret and intellectual property laws and treaties. Hereby, you unconditionally and irrevocably agree to use the IP Content or any part of it in compliance with the applicable laws and regulations, the Terms of Service and by purchasing relevant licenses from us under the License Agreement. We respect your intellectual property rights and expect you to do the same. If you reasonably believe that your intellectual property rights have been violated by us and/or on our website, please, notify us in writing at email@example.com as set forth by the Digital Millennium Copyright Act of 1998 ("DMCA").
Unless it is directly provided herein or in a separate written agreement between us, you are not allowed and unconditionally and irrevocably agree NOT to:
- Remove any watermarks or copyright notices contained in this website and/or IP Content or any part of it;
- Use any data and/or image gathering and extraction methods (e.g. data mining, robots) in connection with this site and/or IP Content or any part of it;
- Imitate, copy, modify, adapt, republish, frame, link to, create derivative works based on, download, transmit, assign, distribute, display, rent, lease, loan, sell, reverse engineer, perform, license, sublicense or dispose in any other manner this website, the IP Content or any part of it;
- Use our trademarks in any manner that might tarnish, disparage, or negatively effect on us, any of such trademarks and/or our affiliates, suppliers, service providers and/or partners; contest, initiate legal actions or otherwise challenge validity of our trademarks; and directly or indirectly assist and/or encourage any other person in such activities; use our trademarks or any variant thereof as a domain name or its part regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data; adopt or use any wording or visual which is similar to or likely to be confused with our trademarks; use, copy or imitate, wholly or in part, the structure, look and feel of our site, including page headers, custom graphics, button icons, and scripts, all being elements of our service and trademark; use our trademark, logo, symbol, image or other proprietary visuals to establish link to our site and/or frame, hotlink to our site.. For the avoidance of doubt, any provision of this Section “IP” is not applicable to IP Content that’s been uploaded by you on this site or in case you’ve obtained a legitimate written permission of actual legal owner of such IP Content.
Terms above shall also be applicable in relation to our affiliates, service providers and/or partners, with respect to their trademarks, product, service and company names, logos, site and domain names, and similar, that appearing or used in our site. Please note that unless directly stated otherwise, any reference to any service, product or other information by trademark, trade, service, product, site, company names, or otherwise does not constitute or imply our recommendation, endorsement, guarantee, quality assurance or sponsorship thereof.
By accessing and using our site, services and products you confirm your full, unlimited, unconditional and sole responsibility for:
- Maintaining confidentiality of any login information associated with any account you use to access and use our site, services and/or products;
- All activities that occur under your account(s);
- Any consequences, losses, or damages that you, as well as any of your affiliates, relatives, partners and/or service providers, may directly or indirectly incur or suffer due to use of our site, services and/or products, as well as any violations and non-compliance by you of any provisions of these Terms of Service, and such violations and non-compliance may incur criminal or civil liability;
- Any information that you or any person using your account published, posted, distribute or disseminate in any format by means of our website, services and/or products;
- Any content downloaded or otherwise obtained through the use of our website, services and/or products, which is done at your own discretion and risk, and that you are solely responsible for any damage to your computer system or other devices for any loss of data that may result from the download of such content. We shall not be responsible or liable for any destructive, harmful or disruptive files, programs, software, computer viruses or similar that may infect or otherwise negatively impact your computer system or other property through account of your access to, use of our site, services and/or products. We recommend that you install efficient anti-virus or other protective software.
By accessing and using our website, services and/or products you unconditionally and irrevocably agree to indemnify and hold us, as well as our affiliates, partners, service providers, harmless from and against any and all direct and/or indirect losses, expenses, damages and costs, resulting from your violation and/or non-compliance with any provisions of the Terms of Service or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under the Terms of Service. In such event, you shall provide us with such cooperation and information as it is requested by us. Our failure to insist upon or enforce strict performance of any provision of the Terms of Service shall not be construed as a waiver of any provision or right.
Our website may provide links to other person’s site(s). Those links are made for your convenience only and does not imply that we monitor or endorse these sites. We shall not be responsible or liable, directly or indirectly, for such sites, any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, products or services available on or through any of such sites or linked resources.
We, as well as any of our directors, employees, affiliates, agents, service providers and/or partners, will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of accessing, relying upon, exploitation of and/or using of our site, services and/or products, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime, even if we have been advised on the possibility of such losses or damages; and we shall also not be liable for the accuracy, relevance and/or completeness of the information on our site.
Notwithstanding any provisions of the Terms of Service, our earlier or future agreements, you expressly understand and agree that any of yours, and your affiliates, claims against us, and our affiliates, shall be limited to the amount you paid, if any, for use of our website, services and/or products.
- are permitted in your jurisdiction;
- are free from errors, uninterrupted, timely and/or secure;
- will meet your requirements or needs, be accurate or reliable;
- will be supported by us.
We make no warranties or representations, either express or implied, that any of your data, images, visuals or other content that you uploaded, submitted and/or posted to our site will be stored by us and/or be available through our site, services and/or products. No information or advice, either express or implied, oral or written, obtained by you from us, our affiliates and/or our site, services and/or products shall create any warranty, guarantee, or representations of any kind, except for those expressly outlined in these Terms of Service.
You unconditionally and irrevocably represent and warrant that for the Data at any moment of time it is true that:
- You have all necessary rights to submit the Data to our site and grant us the rights on the Data described in the paragraph below;
- We don’t need to obtain any permissions, licences or similar from any person and/or pay royalties or any other fees to any person with respect to the Data;
- The Data, or any part of it, complies with the Terms of Service, applicable laws and regulations; and does not violate any person’s rights, including, but not limited to, copyright and intellectual property rights;
- You are eligible to access and/or use our site, services and our products.
Methods of payment generally acceptable in the industry should be also recognized by us. Please check our customer support at firstname.lastname@example.org for more details. You guarantee to us that you are the legitimate holder of a payment card (credit or debit) or any online payment account and that the billing information provided is accurate. Hereby, you unconditionally and irrevocably authorize us to charge the total amount of your purchase (including applicable taxes and fees) from your credit or debit card, as well as online payment account, that’s been designated by you for the payment. All purchases are final and non-refundable.
You can use our services and/or products once your payment is received by us or right after you subscribe to our free of charge services and/or products, unless another procedure is established to start using such services and/or products. In case your payment is not received by us in reasonable time, please, contact our customer support at email@example.com
Please, try to resolve your issues and concerns relating to us by addressing them to our customer service at firstname.lastname@example.org and we do our best to resolve them informally. If the issue is not resolved within 30 calendar days from the date when we receive your email describing in details the nature of the issue, or longer term if it is reasonably required to resolve such issue, you may proceed with formal legal procedure. You agree that under the formal legal procedure service of process in any actions, controversies and disputes arising from or relating to the Terms of Service may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party.
Please note that, as Internet is not a fully secure and reliable way of communication, your email may be lost, intercepted or altered. Hence, by sending your email to us you agree that:
- We have no obligation concerning such information;
- Information in the email you sent us is non-confidential;
- We may use, disclose, distribute or copy your email and may use any ideas, concepts or know-how contained in it for any purpose without compensation; and/or
- Information in your email is truthful and its disclosure does not violate rights of others.
The Terms of Service are governed by and shall be construed in accordance with the laws of England and you hereby consent to the personal jurisdiction of English courts.
Should any provisions of these Terms of Service become unenforceable or invalid, measures will be taken to modify wording of these Terms of Service by replacing inaccurate provisions with an enforceable and valid provisions, that as nearly as possible reflects the terms of the replaced provisions. Any invalidity or unenforceability of any part of these Terms of Service shall not affect the validity or enforceability of the other terms thereof.