By your (or where Clause 1.1.2(iii) applies, your child’s or ward’s) access of this Site and/or use of the Services, you hereby agree to be legally bound by these Website Conditions. If you do not accept these Website Conditions, please leave the Site and discontinue use of the Services immediately.
|1.1||You hereby represent and warrant that:|
|1.2||FMG reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. FMG may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.|
|1.3||FMG may from time to time vary or amend these Website Conditions by posting the amended Website Conditions at this Site. Any use of the Services after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you. If you do not agree to the amended Website Conditions, you have the right to close your Account and/or cease using the Services.|
|2.1||In this Agreement, the following definitions shall apply unless the context does not permit such application:
“Account” means a registered account of a Member opened under this Site.
“App” means any software or mobile application of FMG.
“Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
“Content” means 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.
“Linked Sites” is defined in Clause 8.1.
“Member” means a registered member of the Site.
“Member Conditions” means the terms and conditions applicable to Members accessible here.
“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 3.2.
“Site” means the FMG website containing the link to these Terms & Conditions.
“FMG Content” means all Content of FMG that is made available on or via this Site or a FMG website.
“Third Party Products” means products and services of third parties, including other users, advertised on or available at the Site or websites linked from the Site.
“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.
|2.2||The words “include” and “including” shall not be construed as having any limiting effect.|
|2.3||The 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|
|3.1||The Site is owned and maintained by FMG.|
|3.2||FMG may offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):|
|3.3||You acknowledge and agree that to access and use certain Services, you will be required to register as a Member and additionally shall be bound to strictly comply with the Member Conditions in addition to these Website Conditions.|
|3.4||From time to time FMG will 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.||Content Use Conditions|
|4.1||You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:|
|4.2||Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, FMG 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 the prior written permission of FMG.|
|4.3||You may for your personal, non-commercial use:|
|4.4||All FMG Content are the copyrighted work of FMG or its content or software providers, and FMG reserves and retains all rights in the FMG Content. Use of some FMG Content may be governed by the terms of an accompanying end user license agreement.|
|4.5||You may not decompile, reverse engineer or otherwise attempt to discover the source code of any FMG Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or FMG in writing.|
|5.1||The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, and all FMG Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with FMG.|
|5.2||The trademarks, logos and service marks (“Marks“) displayed on this Site are the property of FMG or other third parties, and all rights to the Marks are expressly reserved by FMG or relevant third parties. You are not permitted to use any Marks without the prior written consent of FMG or such third party. FMG and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of FMG or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of FMG.|
|5.3||The domain name on which the Site is hosted on is the sole property of FMG and you may not use or otherwise adopt a similar name for your own use.|
|5.4||If you have any questions or concerns about these Website Conditions or any issues raised in these Website Conditions or on the Site, please contact us at: [email protected].|
|6.1||You hereby undertake:|
|7.||Disclaimers & Limitations|
|7.1||While we make every effort to ensure that all FMG Content displayed on the Site is accurate and complete, we provide the FMG Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, FMG 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. Without limiting the foregoing, FMG does not warrant that the functions contained in or access to the Site, Services, FMG Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, FMG Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any FMG Content in or with any Computer will not affect the functionality or performance of the Computer. FMG does not warrant or make any representations regarding the use or the results of the use of the FMG Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not FMG) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold FMG liable for the loss of any of your User Content that is due to any circumstances beyond the control of FMG.|
|7.2||The data and information 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 should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it. Any financial or investment information in this Site are for use in Singapore only and are intended to be for your general information only. You should not rely upon such information in making any particular investment or other decision which should only be made after consulting with a fully qualified financial adviser. Such information do not nor are they intended to constitute any form of investment advice or any inducement, invitation or recommendation relating to any of the products listed or referred to. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. FMG does not sponsor, endorse or promote any financial products, services or information.|
|7.3||You acknowledge that it is not FMG’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that FMG does not endorse and shall not be responsible for any such content.|
|7.4||You acknowledge and agree that FMG does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and FMG hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.|
|7.5||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 FMG shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.|
|7.6||You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.|
|7.7||You agree that:|
|and in any such event, FMG shall not be liable for any loss, liability or damage which may be incurred as a result.|
|7.8||In no event shall FMG 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 FMG Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that FMG is liable for damages despite the foregoing provision, you agree that FMG’s aggregate liability to you for any and all causes of action in relation to the FMG Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to FMG for the one (1) month period immediately preceding the time such liability arose.|
|7.9||Under no circumstances, including, but not limited to, negligence, shall FMG be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the FMG Content, Services, Site, or any other website, even if FMG or a FMG authorised representative has been advised of, or should have foreseen, the possibility of such damages.|
|7.10||To the maximum extent permitted by applicable law, FMG 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.|
|7.11||You agree that the above exclusions and limitations of liability enable the Services and the FMG Content to be provided by FMG at either reasonable costs or no costs to you.|
|8.1||FMG may provide links to other sites (“Linked Sites“) that may be of relevance and interest to users. FMG has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.|
|9.||Data Use & Privacy|
|10.1||You agree that FMG has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site or Services, without assigning any reason.|
|11.||Notification of Infringement|
|11.1||FMG reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of FMG Content, User Content and other material on the Site (“Infringing Material”) and 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 FMG in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).|
|11.2||All Infringement Notices shall be sent to FMG addressed as follows:
Famegate Media Group (Legal)
|11.3||FMG 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 FMG in respect of any Infringing Material, unless you have first given FMG the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter FMG refuses or fails to remove the Infringing Material within a reasonable time. Where FMG removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against FMG under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by FMG.|
|11.4||You acknowledge and agree that FMG has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.|
|12.1||This Site is owned and operated by FMG in Singapore. FMG makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.|
|13.1||You agree to indemnify and hold FMG, 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:|
|14.1||If any provision of these Website 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 Website Conditions shall continue in force save that such provision shall be deemed to be deleted.|
|15.||Relationship of Parties|
|15.1||Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between FMG and you and neither party shall have any authority to bind the other in any way.|
|16.1||No waiver of any rights or remedies by FMG shall be effective unless made in writing and signed by an authorised representative of FMG.|
|16.2||A failure by FMG to exercise or enforce any rights conferred upon it by these Website 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.|
|17.||Rights of Third Parties|
|17.1||Except as provided for in Clause 13, 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, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.|
|18.1||No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.|
|18.2||For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.|
|19.||Governing Law & Jurisdiction|
|19.1||These Website 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 including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.|
|19.2||You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.|
(Last updated on 29 April 2018)