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Terms and Conditions
Terms and Conditions of Use
01 October, 2010
This Web Site agreement (the “Agreement”) is between you and HERS INFORMATION NETWORKING PTE LTD (hereinafter referred as HERS). Use of this Web site (the “www.scene.com.sg”), signifies your agreement to the terms and conditions of use set forth below in the Agreement. If you do not agree to the terms and conditions set forth herein, please do not go any further into this site.
Conditions of Use YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Your continued use of this Web Site indicates your continued acceptance of these terms and conditions. HERS may monitor your use of the SCENE.COM.SG at any time. Use and release of information gathered from the SCENE.COM.SG through such monitoring or other means, including the input by you of information, is governed by the HERS. Internet Privacy Policy.
License to Use SCENE.COM.SG and Contents Subject to the terms and conditions set forth in this Agreement, HERS grants you a non-exclusive, non-transferable, limited right to access, use and display the SCENE.COM.SG and the materials thereon, provided that you comply fully with the terms and conditions of this Agreement. The SCENE.COM.SG is only for your personal noncommercial use. You agree not to interrupt or attempt to interrupt the operation of the SCENE.COM.SG in any way.
Ownership; Restrictions All material on the SCENE.COM.SG, including without limitation text, images, software, audio and video clips, as defined below is owned or controlled by HERS. The SCENE.COM.SG and the Content are protected by copyright pursuant to copyright laws, international conventions, and other copyright laws. You agree to abide by all restrictions displayed on the SCENE.COM.SG.
You may not download, display, reproduce, create derivative works from, transmit, sell distribute, or in any way exploit the SCENE.COM.SG or any portion thereof for any public or commercial use without the express written permission of HERS. You may view and download the material from the SCENE.COM.SG (unless otherwise specifically indicated) for your personal, non-commercial home use only, provided that you maintain all copyright and other notices contained therein. You may obtain more information on the copyrights, trademarks, and service marks of HERS and its affiliates by viewing the copyright and trademark notices posted on the SCENE.COM.SG.
You may not: engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic means of obtaining lists of users or other information from or through the SCENE.COM.SG, including without limitation any information residing on any server or database connected to the SCENE.COM.SG; obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; use the SCENE.COM.SG in any manner with the intent to damage, disable, overburden, or impair the SCENE.COM.SG; or frame the SCENE.COM.SG with any other content or information without the prior written permission of HERS.
Rules for Forums, and Other Uploading of User Material You alone are responsible for the content and consequences of any of your messages. In addition to any other rules or regulations that we may post in connection with a bulletin board or other forum on the SCENE.COM.SG, you agree that you shall not upload, post or transmit to or distribute or otherwise publish through the SCENE.COM.SG, any materials which restrict or inhibit any other user from using and enjoying the SCENE.COM.SG, are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, contain a virus or other harmful component, contain advertising of any kind, or constitute or contain false or misleading indications of origin or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from this SCENE.COM.SG or HERS.
Copyright Act Agent. HERS maintains a policy of termination in appropriate circumstances of users who use the SCENE.COM.SG for repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to sceneco@scene.com.sg:
• Your address, contact number and email address; • A description of the copyrighted work that you claim has been infringed; • A description of where the alleged infringing material is located; • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Editing and Disclosure of User Material HERS reserves the right, but does not have an obligation, to review all materials posted to the SCENE.COM.SG by users, and HERS is not responsible for any such materials posted by users. However, HERS reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in HERS’ sole discretion are objectionable or in violation of this Agreement.
HERS Rights to Materials Provided by Users By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to HERS, you grant to HERS a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by HERS of any material or idea submitted by you in any Communications. You waive all rights to any claim against HERS for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that HERS is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever, and is not responsible for maintaining, and may delete at any time, any of your Communications.
No Responsibility for Transmitted Material You acknowledge that material transmitted to and from the SCENE.COM.SG are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to HERS or the SCENE.COM.SG, no confidential, fiduciary, contractually implied or other relationship is created between you and HERS other than pursuant to this Agreement. HERS shall not be responsible for the payment of any monies to any party in connection with HERS’ use of Communications submitted by you to the SCENE.COM.SG.
Links to Other Web Sites The SCENE.COM.SG contains links and pointers and sometimes may frame other World Wide Web Internet sites, resources, and sponsors of the SCENE.COM.SG Links from the SCENE.COM.SG to Web sites maintained by third parties and the framing of third-party sites do not constitute an endorsement by HERS of such third party resources or their contents. Links and frames also do not imply that HERS sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party site, or that any such site is authorized to use any trademark, trade name or logo of HERS. You should direct any concerns regarding any external link to its site administrator or webmaster. HERS does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the SCENE.COM.SG. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. HERS reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the SCENE.COM.SG.
HERS may include routing buttons within the SCENE.COM.SG, the activation of which will allow you to access and learn about SCENE.COM.SG and other services provided by HERS or its affiliates. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES PERTAINING TO THE USE OF SUCH SERVICES.
Third Party Services
You may order services or merchandise through the SCENE.COM.SG from other persons or companies not affiliated with HERS(“Sellers”). All issues and concerns pertaining to merchandise and services sought or purchased from Sellers, including but not limited to purchase terms, payment terms, guarantees, warranties, delivery, maintenance, etc. are solely between you and the Seller. You will not consider HERS, nor will HERS be deemed, a party to such transactions, whether or not HERS. may have received some form of revenue or other compensation in connection with the transaction, or liable for any costs or damages you or anyone else incurs as a result of the transaction, irrespective of whether these damages or costs arise directly or indirectly from the transaction. HERS MAKES NO WARRANTY CONCERNING ANY MERCHANDISE OR SERVICES PURCHASED ON OR OBTAINED THROUGH SCENE.COM.SG OR ANY TRANSACTIONS ENTERED INTO THROUGH AN SCENE.COM.SG YOUR PURCHASE OF ANY MERCHANDISE OR SERVICES OR PARTICIPATION IN ANY TRANSACTION IS SOLELY AT YOUR OWN RISK. It is also expressly acknowledged that Verizon Wireless is not providing any of, and is not responsible for, the content and services of SCENE.COM.SG or service.
Indemnification You agree to indemnify, defend and hold HERS, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of or failure to use the SCENE.COM.SG, or any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim HERS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of HERS.
Disclaimer of Warranties and Damages; Limitation of Liability The SCENE.COM.SG (including all content, functions and information made available on or accessed through SCENE.COM.SG) are provided “as is.” To the fullest extent permissible by law, hers disclaims any representations, warranties or conditions of any kind whatsoever for SCENE.COM.SG; or that the SCENE.COM.SG or the server that makes it available is free of viruses or other harmful components. Hers and its subsidiaries and affiliates make no warranties and shall not be liable for the use of SCENE.COM.SG, including without limitation, the content and any errors contained therein under any direct or indirect circumstances, including but not limited, to HERS’ negligence.
Changes to Agreement HERS reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time by posting an amended version of the Agreement on the Web Site. Changes in this Agreement will be effective when posted. Your continued use of the Web Site after any changes to this Agreement are posted will be considered acceptance of those changes.
Termination HERS may terminate, change, suspend or discontinue any aspect of the SCENE.COM.SG at any time. HERS may also impose limits on certain features and services or restrict your access to part or all of the SCENE.COM.SG without notice or liability.
General Provisions This agreement shall be governed by and construed in accordance with the laws of Singapore, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in Singapore.
We control and operate the SCENE.COM.SG from our offices in Singapore. We do not represent that materials on the SCENE.COM.SG are appropriate or available for use in other locations. Persons who choose to access the SCENE.COM.SG from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement constitutes the entire agreement between HERS and you with respect to your use of the SCENE.COM.SG. Any cause of action you may have with respect to your use of the SCENE.COM.SG must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
COPYRIGHT NOTICE Copyright ©2010 HERS INFORMAITON NETWORKING PTE LTD All rights reserved.
This Site and any content appearing on it may not be published, broadcast or otherwise distributed without the prior written permission of HERS.
TRADEMARK NOTICE
SCENE.COM.SG and SCENE MAGAZINE is the trademark or service marks of HERS.
You may not use the foregoing marks, trademarks or service marks, logos or other identifiers without the prior written authorization of HERS and/or the trademark owner.
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