a) You hereby represent and warrant that:
ii) You have the necessary legal capacity, right, power and authority to agree to these Terms and Conditions;
iii) You are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Terms and Conditions; and
iv) All of the information provided by you to us (including without limitation personal particulars and contact information) is accurate and complete.
b) You hereby agree to:
i) Comply with these Terms and Conditions, and such other notices or guidelines that may be posted on the Site by Straatosphere from time to time (which are hereby incorporated by reference into these Terms and Conditions); and
ii) Not use any Service or Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law.
c) We reserve the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
d) We may from time to time vary or amend these Terms and Conditions by posting the amended Terms and Conditions at this Site. Any use of the Services after the amendment of these Terms and Conditions will be deemed to be acceptance of the amended Terms and Conditions by you. If you do not agree to the amended Terms and Conditions, you should discontinue using the Site and its Services.
a) In this Agreement, the following definitions shall apply unless the context otherwise requires:
“Content” means all materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content of Straatosphere that is made available on or via this Site.
“Device” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
“Personal Data” means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access.
“Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
“Services” is defined in Clause 3b).
“Site” means the Straatosphere website containing the link to these Terms & Conditions.
“Straatosphere” refers to Straatosphere and/or its related entities, affiliates and subsidiaries (including but not limited to entities operated and owned by Words Worth Media Management Pte. Ltd.) (individually and collectively referred to herein as “Straatosphere”, “us”, “we” or “our”).
“Third Party Products” means products and services of third parties, including other users, advertised on or available at the Site or other websites linked from the Site.
“Third Party Sites” is defined in Clause 7a).
“Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you.
“User Content” means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.
b) The words “include” and “including” shall not be construed as having any limiting effect.
c) Headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
3) Site and Services
a) Straatosphere owns and maintains the Site.
b) Straatosphere may offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):
i) Access to a collection of information, news, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts, software applications, plug-ins, content of Straatosphere and other types of works.
ii) Platform to create, upload and publicly make available personalised content;
iii) Search engines or tools;
iv) An advertising and branding platform;
v) Email alerts/notifications; and
vi) Any other features, content or applications that Straatosphere may offer on or through our Site from time to time in our absolute and sole discretion.
c) The Site may run competitions, promotions and surveys at the Site. These are subject to additional terms and conditions that will be made available at the time they are run.
4) Use of Site and Content
a) You agree not to reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any part of, or any access to:
i) Any Service;
ii) The Site;
iii) Any of our Content except, to the extent permitted, with the prior written consent of Straatosphere or unless expressly permitted in these Terms and Conditions; or
iv) Any Third Party User Content except, to the extent permitted, with the prior written consent of Straatosphere and the owner or licensee of such specific User Content.
b) You agree not to reproduce, display or otherwise provide access to the Services, Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without our prior written permission.
c) All Content remains the copyrighted work of Straatosphere or its content or software providers, and Straatosphere reserves and retains all rights in the Content.
5) Intellectual Property Rights
a) The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Site, and all Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain exclusively with Straatosphere.
b) Trademarks and logos (collectively “Trademarks”) displayed on this Site are the property of Straatosphere or other third parties, and all rights to the Trademarks are expressly reserved by Straatosphere or relevant third parties. You are not to use any Trademarks without the prior written consent of Straatosphere or such third party. Straatosphere will aggressively enforce our intellectual property rights to the fullest extent possible.
c) The domain name on which the Site is hosted on is the sole property of Straatosphere and you may not use or otherwise adopt a similar name for your own use.
d) If you have any queries or concerns about these Terms and Conditions or any issues, please contact us at: email@example.com
6) Disclaimers & Limitation of Liability
a) While we endeavour to ensure the accuracy of the Content displayed on the Site, we provide the Content for informative purposes and on an ‘as is’, ‘as available’ basis only, and without warranties of any kind either express or implied.
b) To the fullest extent permissible under applicable law, Straatosphere disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement.
c) The Content made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You agree to consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it.
d) You acknowledge and agree that Straatosphere does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and we hereby expressly disclaim all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Third Party Sites.
e) You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and Straatosphere shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
f) In no event shall Straatosphere be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Content, User Content, Services, Third Party Products, any Device, the Site, or any other website. In the event that Straatosphere is liable for damages despite the foregoing provision, you agree that Straatosphere’s aggregate liability to you for any and all causes of action in relation to the Content, Services, Site, and the Agreement, shall not exceed SGD 100.
g) Under no circumstances, including but not limited to, negligence, shall Straatosphere be liable for any indirect, special, consequential, or incidental damages resulting from the use of, or the inability to use, the Content, Services, Site, or any other website, even if Straatosphere or a Straatosphere authorised representative has been advised of, or should have foreseen, the possibility of such damages.
h) To the maximum extent permitted by applicable law, Straatosphere disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.
7) Third Party Sites
a) Straatosphere may provide links to other/external sites (“Third Party Sites”) that may be of relevance and interest to users. Straatosphere has no control over, and is not responsible for the content on the Third Party Sites or for any damage you may incur from the Third Party Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Third Party Sites) or the availability of any content on the Third Party Sites, and you hereby irrevocably waive any claim against us with respect to the Third Party Sites.
8) Notification of Infringement
a) Straatosphere reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Content, User Content and other material on the Site (“Infringing Material”) and to take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify Straatosphere in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
b) All Infringement Notices shall be sent to Straatosphere addressed as follows: firstname.lastname@example.org
c) Straatosphere will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Straatosphere in respect of any Infringing Material, unless you have first given Straatosphere the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Straatosphere refuses or fails to remove the Infringing Material within a reasonable time.
d) Where Straatosphere removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Straatosphere under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Straatosphere.
e) You acknowledge and agree that Straatosphere has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Third Party Sites.
a) You agree to indemnify and hold Straatosphere, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
i) Any use of the Site or any Service;
ii) Your breach of any terms and conditions of these Terms and Conditions;
iii) Your violation of any rights of another person or entity; or
iv) Your breach of any statutory requirement, duty or law.
a) You agree that Straatosphere has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Site or Services, without assigning any reason.
a) If any provision of these Terms and Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms and Conditions shall continue in force save that such provision shall be deemed to be deleted.
12) Rights of Third Parties
a) A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement.
a) No waiver of any rights or remedies by Straatosphere shall be effective unless made in writing and signed by an authorised representative of Straatosphere.
b) A failure by Straatosphere to exercise or enforce any rights conferred upon it by these Terms and Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
14) Governing Law & Jurisdiction
a) These Terms and Conditions and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore.
b) You hereby agree to submit to the exclusive jurisdiction of the Singapore courts.