By using the Sites in any manner, including but not limited to visiting or browsing the Site, you (the ?User” or ?You”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Sites, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site. As SINGYAN makes use of Google API(s) in the provision of its Services, users of SINGYAN?s Sites and Services are also bound by Google?s Terms of Service.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify SINGYAN of any unauthorized use of your password or any breach of security. You also agree that SINGYAN cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than SINGYAN without SINGYAN’s express written permission.
Right to Refuse Service: SINGYAN’s services are not available to temporarily or indefinitely suspended SINGYAN members. SINGYAN reserves the right, in SINGYAN’s sole discretion, to cancel unconfirmed or inactive accounts. SINGYAN reserves the right to refuse service to anyone, for any reason, at any time.
2. Fees and Services
Joining and setting up an account on SINGYAN’s website is free.
3. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to SINGYAN and any and all data, text, information, usernames, graphics, images, photographs, profiles, and links (together, “Content”) that you submit, post, and display on SINGYAN.
4. Restricted Activities:
Your Content and your use of SINGYAN shall not:
- Be false, inaccurate or misleading;
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
- Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including SINGYAN staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Take any actions that may undermine or discredit the SINGYAN feedback and ratings systems;
- Attempt to decompile, reverse engineer, disassemble or hack the Services or Sites (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by SINGYAN with respect to the Services and/or data transmitted, processed or stored by SINGYAN;
- Harvest or collect any information about or regarding other SINGYAN account holders, whether through automated means, such as harvesting bots, spiders, robots or scrapers (?Automated Data Collection?), or otherwise, including, without limitation, any personal data or information;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, ?junk mail?, ?spam?, ?chain letters?, ?pyramid schemes?, or any other unauthorised form of solicitation;
- Modify, adapt or hack SINGYAN or modify another website so as to falsely imply that it is associated with SINGYAN;
- Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
- Appear to create liability for SINGYAN or cause SINGYAN to lose (in whole or in part) the services of SINGYAN’s ISPs or other suppliers;
- Use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
- Use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Depatment of Treasury?s Office of Foreign Assets Control, the United National Security Countil, the European Union or Her Majesty?s Treasury;
- Use the Services to violate the privacy of others or to ?stalk? or otherwise harass another;
- Use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
5. Resolution of Disputes and Release
Disputes with SINGYAN: In the event a dispute arises between you and SINGYAN, please Contact SINGYAN at firstname.lastname@example.org. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Malaysia, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable solicitors’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the courts located in Malaysia. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and SINGYAN agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another, SINGYAN encourages you to contact the user or third party to resolve the dispute amicably.
Should you be unable to resolve a dispute between you and another arising from a transaction on SINGYAN, please contact SINGYAN at email@example.com. SINGYAN, for the benefit of users, may try to help users resolve disputes. SINGYAN does so in SINGYAN’s sole discretion, and SINGYAN has no obligation to resolve disputes between users or between users and outside parties. To the extent that SINGYAN attempts to resolve a dispute, SINGYAN will do so in good faith based solely on SINGYAN’s policies. SINGYAN will not make judgments regarding legal issues or claims.
Should you have a dispute with one or more users, or an outside party, you release SINGYAN (and SINGYAN’s officers, directors, agents, subsidiaries, joint ventures, creators and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. SINGYAN encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
6. SINGYAN’s Intellectual Property
SINGYAN, and other SINGYAN graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of SINGYAN in Malaysia and/or other countries. SINGYAN’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
7. Access and Interference
SINGYAN may contain robot exclusion headers which contain internal rules for software usage. Much of the information on SINGYAN is updated on a real-time basis and is proprietary or is licensed to SINGYAN by SINGYAN’s users or third-parties. You agree that you will not engage in Automated Data Collection for any purpose whatsoever without SINGYAN’s prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in SINGYAN’s sole discretion, an unreasonable or disproportionately large load on SINGYAN’s infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses of SINGYAN from the Site except with prior express written permission of SINGYAN and the appropriate third party, as applicable;
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; and
- Bypass SINGYAN’s robot exclusion headers or other measures SINGYAN may use to prevent or restrict access to SINGYAN.
Without limiting any other remedies, SINGYAN may, without notice, delay or immediately remove Content, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Users in possession of another user?s personal data through the user of the Services (the ?Receiving Party?) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the ?Disclosing Party?) to remove his or her data so collected from the Receiving Party?s database; and (iii) allow the Disclosing Party to review what information has been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
10. No Warranty
SINGYAN, SINGYAN’S SUBSIDIARIES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES, AND SINGYAN’S SUPPLIERS PROVIDE SINGYAN’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SINGYAN, SINGYAN’S SUBSIDIARIES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES AND SINGYAN’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SINGYAN SHALL CREATE ANY WARRANTY. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11. Liability Limit
IN NO EVENT SHALL SINGYAN, AND (AS APPLICABLE) SINGYAN’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SINGYAN’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, SINGYAN’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, SINGYAN IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SINGYAN’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SINGYAN’S SUBSIDIARIES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IS LIMITED TO $1.
YOU AGREE TO INDEMNIFY AND HOLD SINGYAN AND (AS APPLICABLE) SINGYAN’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CREATORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE SOLICITORS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
13. No Guarantee
SINGYAN does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside SINGYAN’s control.
14. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and any SINGYAN service and, if applicable, your purchase, solicitation of offers to purchase. In addition, you shall be responsible for paying any and all taxes applicable to any purchases you make on the Sites.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
16. No Agency
You and SINGYAN are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
17. SINGYAN Service
18. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of Malaysia.
Sections 2 (Fees and Services, Fees and Termination), 5 (Resolution of Dispute and Release), 6 (Sing Yan’s Intellectual Property), 7 (Access and Interference), 8 (Breach), 9 (Privacy), 10 (No Warranty), 11 (Liability Limit), 12 (Indemnity), 13 (No Guaranty), 15 (Severability), 16 (No Agency), 18 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by electronic mail to firstname.lastname@example.org (in the case of SINGYAN) or, in your case, to the email address you provide to SINGYAN (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, SINGYAN may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SINGYAN. In such case, notice shall be deemed given three days after the date of mailing.