Term of Use
FOR END USERS July 2016
You acknowledge that this Agreement is contractually binding, even if it is electronic and is not physically signed by either party.
1. The Service
The Service allows you to use an interactive community application (“Application”) created by the Company on behalf of a church or similar social organization (“Organization”). This Application may run on a variety of platforms (“Platforms”) including but not limited to iOS, Android, Windows, and Mac, as offered by the Company.
2. General Conduct
The Application is made available for your own, personal use. You must not use the Application for any commercial, illegal, or unauthorised purpose. When you use the Application, you must comply with the laws of Singapore, and any applicable international laws, including laws in your country of residence (together, “Applicable Laws”).
- Create user accounts by automated means or under false or fraudulent pretenses;
- Impersonate other persons;
- Scrape or collect information about other Users in an automated fashion or for any purpose other than your participation in the Organization community
- Harass or otherwise offend other Users
- Reverse engineer any code associated with the Service
- Intentionally attempt to damage, collapse, or overload our servers
- Use the Application in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement
You agree to indemnify the Company and the Organization against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the Application otherwise than in accordance with these Terms or Applicable Laws.
The trademarks, service marks, and logos (“Trade Marks“) contained on or in the Application are owned by the Company, the Organization, or their third party partners. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of the Company, the Organization or the relevant third party.
4. Third Party Content
Users of the Application may post links to third party content (“Third Party Content”) through normal use of the Service. You acknowledge that neither the Company nor the Organization monitor or have any control over any Third Party Content, and therefore neither the Company nor the Organization make any guarantee as to its accuracy or completeness, or accept any responsibility whatsoever for its content. You acknowledge that by accessing Third Party Content, you may be exposed to content that you may find offensive, indecent, or objectionable, and you do so at your own risk.
If you provide us with any feature requests, comments, suggestions or other feedback ("Feedback"), you agree that such Feedback is provided on a non-proprietary and non-confidential basis, and grant us a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license to incorporate, disclose, and use without limitation the Feedback for any purpose.
6. Service Suspension
The Company reserves the right to suspend or cease providing any services relating to the Application, with or without notice, and shall have no liability or responsibility to you if it chooses to do so.
7. Personal Data
You may amend your Personal Information at any time, either through mechanisms provided in the Application, or by emailing firstname.lastname@example.org.
8. User Content
The Service allows you to post content (“Content”) in the Application. By posting Content, you grant the Company and the Organization a perpetual, irrevocable, worldwide, royalty-free, freely transferable and sublicensable (through unlimited levels of sublicense) non-exclusive right to create derivative works of, use, reproduce, modify, transmit, publish, publicly display and distribute such Content and derivative work. You represent and warrant that:
- you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content and to grant the rights granted herein;
- the Content is accurate and not misleading; and
You hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. We may (but are not obligated to) display your Content, including your actual name.
9. Content Backup and Security
Although the Company will make commercially reasonable efforts to securely store any Content you create, you acknowledge that neither the Company nor the Organization provide any warranty whatsoever on the security or reliability of that Content, and that you should therefore save any Content to alternative storage solutions. Neither the Company nor the Organization will be liable for any breach or loss of Content.
10. Content Copyright
You agree that you will not post any Content that is offensive or in violation of the intellectual property rights of others. Officers of the Company or the Organization may remove any Content which, at either party’s discretion:
- infringes the intellectual property of others;
- is illegal;
- is irrelevant, junk, or spam;
- is otherwise objectionable
In accordance with applicable copyright legislation, the Company will, in appropriate circumstances and at the Company's sole discretion, terminate access to those who are deemed to be repeat infringers and provide your Personal Information to relevant authorities or copyright holders where required to do so by law.
11. Media Content
The Service permits you to upload images, videos, audio files, and other files ("Media Content") which may be accessed by other Users. Officers of the Company or the Organization may remove any Media Content at any time, for any reason.
The Company may attempt to screen Media Content for viruses and harmful components, but we do not represent or warrant that Media Content will be free of viruses or other harmful components. We strongly advise you to install and use industry-leading virus protection software.
12. Child Protection
You may not use the Service if you are under 13 years of age. If we discover that you are under 13, we will immediately deactivate your account, and endeavour to delete your Personal Information and any Content you have shared.
If you are aged 13 to 18, you should obtain permission from your parents or guardians to use the Service, and advise them to direct any questions or concerns they might have to email@example.com.
You may terminate this Agreement at any time simply by deactivating your account, and deleting any copies of the Application that you have installed.
We may terminate this Agreement at any time, with or without cause.
Terminating shall not relieve either party of the obligations and/or restrictions stated herein.
14. Revisions to these Terms
The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. The Company disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non- infringement as to the information, content, or materials.
The Company does not represent that materials, including information available through the Service are accurate, complete, reliable, current, or errorfree. The Company does not represent or warrant that the services or its servers are free of viruses or other harmful components. The Company is not responsible for errors or omissions in any information or materials accessed through the Service.
While the Company attempts to make your access or use of the Service safe, the Company cannot and does not represent or warrant that the services or its server(s), or any content or materials are free of viruses or other harmful components; therefore you should use industry recognized software to detect and neutralize viruses, spyware, malware, and other harmful or otherwise undesirable components from any download.
17. Limitation of Liability
In no event shall the Company, the Organization, or any of their corporate affiliates, independent contractors, service providers or consultants, or any of their respective directors, employees and agents, be liable for any special, indirect or consequential damages, including but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way related to or connected with the use of the Service, the Content or the materials contained in or accessed through the Service, including without limitation any damages, loss or injury caused by or resulting from reliance on any information obtained from the Company, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communication failure, theft, destruction, or unauthorized access to the Company's records, programs or services.
The aggregate liability of the Company, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability or other theory, arising out of or relating in any manner to the use of the Service, shall not exceed any fees you have paid, if any, to the Company for access to or use of the Service, for the 3 calendar months prior. If no fees have been paid, the aggregate liability of the Company shall not exceed S$10. The Company makes no warranties regarding the security or reliability of the Service.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore, the Tribunal shall consist of one arbitrator, and the language of the arbitration shall be English.
19. Applicable Law and Venue
This Agreement and any controversy arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to conflict of law principles. Each party agrees to submit to the exclusive jurisdiction of the competent courts in Singapore, in any action arising out of a dispute under or in connection with this Agreement or any transaction contemplated by this Agreement.
20. International Nature of Communication
You acknowledge that in using the Service you will be causing communications to be sent through international telecommunications networks. Even communications that seem to be domestic in nature can result in the transmission of international communications regardless of where you are physically located at the time of transmission. You acknowledge that use of the Service results in international data transmissions.
21. Successors and Assigns
All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the respective parties hereto and their permitted successors and assigns.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision r condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
25. Force Majeure
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
26. Entire Agreement