Privacy Policy

We recognise that visitors, users, members and others (collectively or individually “Users”) who enter, use and/or visit this website (the “Website”) value their privacy.

This Privacy Policy provides important information regarding our use and disclosure of User information collected on or otherwise through the Website. We provide this Privacy Policy to help you make an informed choice about whether to use or continue using our Website.

This Privacy Policy is incorporated into, forms part of and is subject to the Terms of Use. Your use of the Website and any personal information you provide on the Website remains subject to the terms of this Privacy Policy and Terms of Use. In particular, you must be of the age of majority in order to use the Website. By using our Website, you are confirming that you meet the minimum age requirement

Please note that any information, text, software, script, image, graphic, photograph, sound, music, video, other audio or visual content, interactive feature or any other data or content in any media or format (collectively, the “Content”) posted or submitted at the discretion of Users onto the Website becomes published content and is not considered personally identifiable information that is subject to this Privacy Policy.

A. INFORMATION COLLECTED

1. User Provided Information

You provide certain personally identifiable information (such as your name, NRIC / Passport / FIN or other personal identification number, postal or e-mail address and telephone numbers) and personal content preferences to us when you register for an account with the Website. When you connect or log-in to the Website using or through a third-party sign-in service, these services will authenticate your identity and share certain personal information with us. We may collect and store such personal information from Users.

We may require access to other additional information from time to time and shall seek your specific permission at such time.

2. Cookies Information

When you visit the Website, we may send one or more cookies (which is a small text file) to your computer that uniquely identifies your browser. We use these cookies to help learn more about your preferences and therefore make the most of your experience on our Website by providing personalised content and information the next time you visit. Our cookies may be used for holding login information and will expire when all instances of the browser are closed. Some features of our Website may not function properly if the ability to accept cookies is disabled.

3. Log File and Clear GIFs Information

Our servers automatically tracks and records certain information in connection with your various activities within or through the Website or otherwise that are sent by your browser when you visit the Website. These server logs may include without limitation information such as your web request, Internet Protocol (“IP“) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages and the date and time of your request.

4. Web Beacons

Our Website may contain electronic images known as web beacons – also referred to as single-pixel gifs – that permit us to count Users who have visited those pages and for other related statistics, e.g. recording the popularity of certain Content and verifying system and server integrity. Web beacons are not used to access your personal information; they are solely used to compile aggregate statistics concerning the use of our Website. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view, and a description of the page on which the web beacon resides.

5. Other Software

During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

B. USES OF COLLECTED INFORMATION

1. If you submit personally identifiable information to us in completing the registration form in order to register for an account, you agree to us using your personal information in connection with the operation, and maintenance of the Website. For Users who are not in Singapore and in countries where we work with third party agent partners, we may share your information with our agent partners in order to provide local customer service.

2. Any and all Content and information that you voluntarily submit or disclose on the Website through the communication facilities including but not limited to, the forums, chat rooms, discussion threads or boards or messages, becomes publicly available and can be collected and used by others. Any and all Content and information that you submit or disclose through the communication facilities may be redistributed through the internet and other media channels, and may be viewed by the general public.

3. We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data) to improve the quality and design of our Website and to create new features, and functionality, by storing, tracking, and analysing User preferences and trends.

4. By disclosing any confidential information to us or to any other User, you are hereby consenting to the communication of the confidential information by us on or through our Website to any User specified by you, and the storage, retention and retrieval by us of the confidential information in or from any database maintained by us in connection with the operation, maintenance and/or use of the Website. We will further require any User with access to such confidential information to comply with our privacy policy contained herein and our Terms of Use.

5. We use cookies, clear GIFs, log file information, web beacons and other software to:

  1. remember information so that you will not have to re-enter it during your visit or the next time you visit the Website;
  2. provide custom, personalised content and information;
  3. monitor aggregate metrics (such as total number of visitors, pages viewed and, Website traffic); and
  4. track your usage of the Website.

Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to access certain services and you may experience technical problems receiving current information from the cookie-disabled Website. We recommend that you enable cookies to take better advantage of our Website.

6. We may send e-mail messages with links to this Website for your convenience and your e-mail address is used so that we may reply to your inquiry. We track the pages on this Website that our Users visit in order to determine the popularity of these pages.

C. DISCLOSURE OF COLLECTED INFORMATION

1. We may provide personally identifiable information and non-personally-identifiable information to our related or affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our privacy policy contained herein, and we will use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.

2. We do not sell your personally identifiable information to other third-party companies for their commercial or marketing use without your consent.

3. We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good faith belief that such action is necessary to comply with all and any applicable laws, or where it is pursuant to or we are required to respond to a governmental, regulatory, administrative or court order or directive, a subpoena or a search warrant.

4. We also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that we believe, in good faith, is appropriate or necessary to enforce ourTerms of Use, take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government authorities and enforcement agencies, to protect the security or integrity of the Website, and to protect the rights, property, or personal safety of ourselves, our Users or others.

5. Any User which receives any confidential information including personally identifiable information, from another User shall not disclose or use such information, save where expressly permitted by that User or save where such information has ceased to be of a confidential nature. The Website however, shall not be liable for any unauthorised disclosure or use by another User of a User’s information.

D. COMMUNICATION FACILITIES

1. Any personally identifiable information or personally sensitive data that you disclose through our communication facilities, such as the public bulletin boards, public messaging systems, chat rooms or other public online forums hosted on this Website, may be collect and used by others. We cannot ensure the security of any of these communication facilities provided by us. We recommend that all Users exercise caution when disclosing any information to other Users through our communication facilities.

2. We encourage you to review the privacy policies of websites you choose to visit via hyper-links posted on this Website so that you can understand how these websites collect, use and share your information. We are not responsible for the privacy policies or other content on third party websites accessed either through our Website or in your communication with other Users of our Website.

E. USER ACCESS TO AND CONTROL OF INFORMATION

  1. You have the right to refrain from providing any information to us or to another User.
  2. Some of the content on our Website may be accessed anonymously, or without the use of cookies. Please refer to the Website for content that may be accessed anonymously.
  3. If you are given access to any other User’s personally identifiable information or confidential information, including any User IDs or account names from the Website, you must not collect or harvest any of these information, nor to use the communication facilities provided by the Website for any commercial solicitation purposes.
  4. If you do not agree to the collection, use and disclosure of information as set out herein, you may delete your user account by visiting [insert link here]. However, please note that this does not delete information you have disclosed to any other User, and some information might possibly be retained in our archived records after your account has been deleted.

F. THIRD-PARTY ADVERTISERS, LINKS TO OTHER WEBSITES

1. We may host links to other third-party web sites and/or allow third-party ad servers or ad networks to publish advertisements within our Website. These third-party web sites and/or third-party ad servers or ad networks may use technology to send, directly to your browser, the advertisements and links that appear on the Website. They may thereby collect information including but without limitation via cookies or clear GIFS to measure the effectiveness of their advertisements and to personalise the advertising content you see.

2. You should therefore always consult the respective privacy policies of these third-party web sites and/or third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. Our privacy policy as contained herein does not apply to, and we cannot control the activities of, such other advertisers or web sites.

G. DATA SECURITY

1. We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit through the Website and you do so entirely at your own risk. Once we receive your transmission of information, what we will do is to make commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

2. If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice on the Website if a security breach occurs.

3. If you create an account on this Website, you will be required to select a password that can be changed at any time after you first log into the service by using your current password. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your account and password or pursuant to a singing-in using your account with a third-party service. You are responsible for (a) notifying us immediately of any unauthorised use of your account or password or your account with a third-party sign-in service, and (b) ensuring that you exit from your account at the end of each session.

I. MERGER, ACQUISITION, SALE, OR INSOLVENCY

1. In the event that we are acquired by or merged with another entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control.

2. In the event of our insolvency, reorganisation, receivership, winding-up or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

J. CHANGES AND UPDATES TO THIS PRIVACY POLICY

1. This Privacy Policy may be revised, amended or modified periodically. Please re-visit this page to stay in touch with any changes. Your use of the Website signifies your acceptance and agreement to this Privacy Policy (as may be amended or revised from time to time).

2. For questions about our privacy policy, please contact zakiifilm@gmail.com. If you would like to change, modify or update your personal information which you have provided in relation to your account which you registered with us, please send an email to zakiifilm@gmail.com.

Terms of Use

1. YOUR AGREEMENT AND ACCEPTANCE

1.1 By entering, using and/or visiting this website (the “Website”), you agree to these terms and conditions (as may be amended or revised from time to time) (the “Terms of Use”), and to the Privacy Policy, and any other terms and conditions incorporated hereunder (this “Agreement.”)

1.2 You warrant and attest that you are of the age of majority. By using our Website, you are confirming that you meet the minimum age requirement and are fully able and competent to enter into and be bound by this Agreement. You further agree that you fully understand the contents, meaning and impact of this Agreement and warrant and represent that you are fully able and competent to enter into and be bound by this Agreement.

1.3 The Website is controlled and offered by us from our facilities in the United Kingdom. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws.

1.4 You are only authorised to use the Website if you agree to abide by this Agreement. Please read these Terms of Use carefully as your entry, access and use of the Website is governed by these Terms of Use and by entering, accessing and using the Website, you agree to and accept the terms and conditions contained herein. If you do not agree with and to these Terms of Use, you must immediately leave the Website and discontinue using it and any of the services provided therein.

1.5 In order to participate in certain activities or services offered on the Website, you may be notified that you are required to download software or content and/or agree to additional terms and conditions applicable to such services in which you choose to participate.

1.6 All fees incurred in accessing the Website shall be borne by you. In particular, please note that data charges may apply to your use of any mobile applications, and for the avoidance of doubt, you are responsible for all data charges incurred in connection with any mobile applications.

1.7 These Terms of Use and any other terms and conditions of this Agreement may be amended or revised from time to time at any time without notice, and such amendment or revision shall be effective and binding upon posting onto the Website. It is therefore important that you review the Terms of Use regularly to ensure you are updated as to any changes. Your continued use of the Website signifies your agreement to and acceptance of any revised terms and conditions.

2. WEBSITE ACCESS, REGISTRATION AND USAGE

2.1 We grant you permission to use (i) the Website; and (ii) the content on the Website including (but not limited to) the text, software, scripts, image, graphics, photographs, sounds, music, videos, other audio or visual content, interactive features or any other data or content in any media or format (collectively, the “Content“), strictly in accordance with these Terms of Use, provided always that:

  1. your use of the Website and the Content as permitted is strictly and solely for your information (“Approved Use”);
  2. you will not sell, copy, reproduce, distribute, transmit, broadcast or adapt any part of the Website and the Content in any medium or format without our prior written consent;
  3. you will not alter or modify any part of the Website other than as expressly permitted by us;
  4. you will retain and display any and all credits and copyright notices (including without limitation to our name, bylines and the original source of the Content) and/or Marks (as defined below) provided with the Content;
  5. upon notice from us, you will forthwith cease the use of and delete or otherwise remove any Content from your premises, computer system or other forms of storage (whether physical or electronic) and databases; and
  6. you will otherwise comply with the terms and conditions of these Terms of Use.

2.2 In order to participate in certain activities or services offered on the Website or to become a member, you may have to register with us to create an account. Each registration is for a single user only, and on registration, you may be required to choose a password (this password together with your email as your user name will collectively be your “ID”). Sharing of registered accounts and/or ID on the Website, accessing the Website through a single ID made available to multiple users on a network, and unauthorised use of another’s ID is prohibited. In the event of inappropriate or unauthorised ID use, we may cancel, restrict or suspend (for such period and on such terms, if any, as we deem fit or necessary) your membership with, and/or access to, the Website without any liability whatsoever.

2.3 When registering for an account, you represent and warrant that all registration information you submit is accurate, truthful, complete and lawful. You further warrant that you will maintain the accuracy of such information and update the information as and when necessary.

2.4 You are solely responsible for all activity that occurs on your account, for all use of the Website by you or anyone else using your ID, for preventing any unauthorised use of your ID and for maintaining the confidentiality of your ID and keeping it secure. You agree not to use the registered account and/or ID of another member at any time or to disclose your password to any third party. Please notify us immediately if you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID.

2.5 You agree not to collect or harvest any personally identifiable information, including any IDs or account names from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to all or any materials submitted by them.

2.6 You agree to us monitoring your download activity to ensure that a reasonable quality of service is provided to all users of the Website.

2.7 You may terminate your account with us upon 60 days written notification to us. We may at our absolute discretion restrict or suspend (for such period and on such terms, if any, as we deem fit or necessary) or terminate the use of your account for with or without cause (including but without limitation for a breach of any of the terms and conditions of this Agreement) and with or without notice. Without prejudice to the foregoing, we will use commercially reasonable endeavours to notify you prior to any termination or suspension.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 All rights in (i) the Content; and (ii) the trade dress of the Website and any and all trade marks, service marks and logos contained therein (collectively, the “Marks“), are owned by or licensed to us and/or our related entities, and subject to copyright and other intellectual property rights under Singapore and foreign laws and international conventions acceded to by Singapore.

3.2 Nothing contained on the Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use, copy or imitate any Marks without the prior written consent of the relevant owner. We reserve all rights not expressly granted in and to the Marks.

3.3 The Content on the Website is provided to you as is for Approved Use only, and may not be used, sold, copied, reproduced, distributed, transmitted, broadcast, displayed, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent, as well as the written consent of our related entities and the respective rights owners. We reserve all rights not expressly granted in and to the Website and the Content. You agree to and acknowledge that you are not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying and/or distribution of User Submissions (as defined below) obtained through the Website for any other purpose other than for Approved Use. If you download or print a copy of the Content for Approved Use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any and all security related features of our Website or any features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

4. USER SUBMISSIONS AND CONTENT

4.1 The Website may now or in the future permit the submission of graphics, images, information, data, text, articles, photographs, videos, podcasts, postings, other types of written or visual works and/or other communications in any format or media submitted by you and other users (collectively, the “User Submissions) and the posting, hosting, sharing, broadcast, transmission, reproduction, adaptation, publication and/or other usage of such User Submissions. We do not guarantee any confidentiality, publication or non-infringement with respect to such User Submissions.

4.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:

  1. the User Submissions are your original works and do not and will not infringe the copyright, privacy rights, publicity rights, contractual rights or any other rights of any third party; you own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all User Submissions; and have and will continue to pay for all royalties, fees, and any other monies owing to any person for the use and/or exploitation of any material to enable inclusion and use of the User Submissions; and
  2. by submitting the User Submissions to the Website, you hereby irrevocably grant us a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, adapt, modify, edit, prepare derivative works of, display, publish, distribute and perform the User Submissions (and derivative works thereof) whether in connection with the Website and our (and our successor’s) business or otherwise, including without limitation for marketing, promoting and/or re-distributing part or all of the Website (and derivative works thereof) and our products in any and all media and formats and through any and all channels.

4.3 You further agree that you will not:

  1. submit, upload, post, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual and/or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships), that is protected by obligations of confidentiality or non-disclosure, copyright, trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
  2. submit material that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party;
  3. submit any material that: is illegal; unlawful; encourages conduct that would be considered a criminal offence, or give rise to civil liability; violates any law; provides any telephone numbers, postal address, last names, URLs or e-mail addresses; promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; promotes an illegal or unauthorised copy of another person’s copyrighted work; involves unsolicited or unauthorised advertising or the transmission of promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, unsolicited mass mailing or instant messaging; contains restricted or password only access pages or hidden pages or images; furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; involves commercial and promotional activities and/or sales without our prior written consent; includes a photograph of another person you have posted without that person’s consent; or is otherwise inappropriate, objectionable or unacceptable;
  4. publish falsehoods or misrepresentations that could damage us or any third party or post false and/or defamatory messages;
  5. eimpersonate any person or entity, falsely state or otherwise represent your affiliation with a person or entity;
  6. submit any material that that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  8. “stalk” or otherwise harass another person or user; or
  9. deface, modify, edit, distribute or reproduce any Content on the Website.

4.4 We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content. We do not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaim any and all liability in connection with User Submissions.

4.5 We expressly reserve for ourselves and any party we may choose to designate, the right to delete any Content that violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person, and to reject, refuse to post or remove any Content and/or User Submissions at our sole discretion at any time, with or without cause, with or without prior notice and without any liability. If you are or become aware of any misuse of the Website by any user, please notify us immediately.

4.6 You may not submit post, modify, distribute, or reproduce in any way any copyrighted material, trade marks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you are an intellectual property rights owner or an agent thereof and believe that any User Submission or other content infringes upon your rights, please notify us immediately using the procedure set out in Clause 5.

4.7 We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) at any time without prior notice and at our sole discretion. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any loss of Content arising or resulting from such modification, suspension or discontinuance of the Website.

4.8 The Website may contain links to other websites or resources. We are not responsible for the availability of such external websites or resources, do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such external website or resource.

4.9 You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you understand, acknowledge and agree that you rely on any Content created by us or submitted to us, including all materials and information in articles, discussion forums, image, photograph and video sharing sections and all other parts of the Website at your own risk.

4.10 You are solely responsible for procuring and ensuring the procurement of any and all necessary licences, permits and releases from any individuals and/or entities in connection with your use of any Content.

4.11 You agree to indemnify and hold us (and/or our related entities), and our directors, officers, employees, affiliates, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

4.12 We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to claims that any Content violates the rights of third-parties or protect the rights, property, or personal safety of us and the users.

5. REMOVAL OF CONTENT/USER SUBMISSIONS

5.1 If you are an intellectual property rights owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyright or other intellectual property rights, you may submit a notification providing us with the following information in writing:

  1. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to enable us to locate the material;
  2. identification of the owner, or the person authorised to act on behalf of the owner, of the exclusive right that is allegedly infringed;
  3. your name, address, telephone and facsimile number, and e-mail address;
  4. a statement that you have a good faith belief that the submission, uploading, posting, transmission or use of the material in the manner complained of is not authorised by the copyright or intellectual property owner, his/her/its agent, or the law; and
  5. a statement that the information in the notification is true and accurate to the best of your knowledge.

5.2 Upon receipt of the abovementioned specified information, we will use reasonable endeavours to also notify the user concerned of the alleged infringement and provide the user with a copy of your notification. We will take such appropriate measures as we think fit including but not limited to contacting you for more information to verify any alleged infringement, removing such allegedly infringing User Submissions and/or Content and/or suspending or terminating the access to the Website by any user allegedly infringing any rights.

5.3 If you believe that your User Submission or any part thereof that was removed (or to which access was disabled) is not infringing, or that you have the requisite authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to submit, upload, post, transmit or otherwise use or make available the content in your User Submission, you may submit a counter-notification providing us with the following information in writing:

  1. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  2. identification of the owner, or the person authorised to act on behalf of the owner, of the content concerned;
  3. your name, address, telephone and facsimile number, and e-mail address;
  4. a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  5. a statement that you submit to the jurisdiction of the courts of the Republic of Singapore, and that you will accept service of process from the party who provided notification of the alleged infringement.

5.4 If we receive a counter-notification, we will use reasonable endeavours to provide the original complaining party a copy of the counter-notification informing that party that the removed content may be replaced, or access to it restored, within fourteen (14) calendar days or more after receipt of the counter-notification, at our sole discretion, unless the copyright owner files an action seeking a court order against the content provider, member or user.

6. WARRANTY AND DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  2. DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
  3. ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION, OR ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EQUIPMENT DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE;
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE ARE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE ACQUISITION OF INFORMATION AND PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT, EXERCISE CAUTION WHERE APPROPRIATE, AND IF NEED BE, SEEK INDEPENDENT LEGAL ADVICE.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES HOWSOEVER RESULTING FROM ANY:

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  2. DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
  3. ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION, OR ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EQUIPMENT DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE;
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  7. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

8. INDEMNITY

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless us, our affiliates and related entities, and the officers, directors, employees and agents of each such foregoing entity, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from:

  1. your use of and access to our Website;
  2. your violation of any term of these Terms of Use;
  3. your violation of any third party right, including without limitation any intellectual property, property, or privacy right; or
  4. any claim that one of your User Submissions caused harm, damage or offence to a third party. This Clause will survive these Terms of Use and your use of our Website.

9. ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without any restriction whatsoever.

10. GENERAL

10.1 These Terms of Use, together with our Privacy Policy and any other terms and conditions incorporated hereunder, shall constitute the entire agreement between you and us concerning our Website.

10.2 The headings and section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

10.3 These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.

10.4 No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision.

I HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

Tom GibsonPrivacy Policy and Terms of Use