For purposes of these TOS, the following defined terms shall have these meanings: (A) "Services(s)" shall mean any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as software or wireless devices; (B) "Site" shall mean this site; (C) "Site Content" shall mean any and all human readable patent audio and/or visual elements of the Site, created or owned by CBA, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, without limitation, YouTube videos, Facebook comments, Foursquare tips), designs, logos, information, and other content made available through the Site; (D) "Site Code" means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site; (E) "User Account" means any account created or provided by you, through a registration process in this Site or a third party site, for the purpose of accessing or using certain Services.
If there are terms of service listed on any website in addition to these Terms of Service, these Terms of Service alone shall govern your relationship with CBA.
CBA grants you a revocable, non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and Site Content as described herein for your personal use only, by way of one (1) computer connected to the Site over the Internet, provided that you comply fully with these TOS. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized, will be a violation of these TOS and will constitute a copyright violation. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOS or by law.
The Site, Site Content (other than Submissions), Site Code and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to CBA and are owned by CBA and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted in writing by CBA, you will not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an "Unauthorized Use").
Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of CBA and/or its licensors and content providers and constitutes a violation of these TOS. Any violation of copyright laws may be subject to severe civil and criminal penalties.
From time to time, and at its sole discretion, CBA may make available to users certain software that may be accessible or downloaded from this Site. In the event that you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by CBA or a CBA-approved third party software provider ("Third Party Provider"). CBA does not transfer title to the Software to you. You own the medium on which the Software is recorded, but CBA and/or the Third Party Provider retain full and complete title to their respective Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Furthermore, your use of any Software of a Third Party Provider shall be subject to the terms and conditions set forth by such Third Party Provider and any applicable license agreement for its Software.
Portions of this Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or other users. If you send or post certain specific submissions as allowed by the Site (collectively, the "Submissions"), you retain all of your ownership rights to your Submissions. When you provide CBA with a Submission, you grant to CBA and its affiliates, representatives, and assigns a non-exclusive, fully-paid, world-wide, transferable, royalty-free license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute (including, without limitation, through third-party web sites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Submissions (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter created, for any purpose. You acknowledge and agree that: (a) you have no expectation of compensation or confidentiality of any nature with respect to any Submission (and, for the avoidance of doubt, CBA may disclose or notify to any government, regulatory body or competent authority any Submission); and (b) CBA, at its sole discretion, may remove or disable access to the whole or any part of a Submission at any time without notice to you.
CBA reserves the right to display advertisements in connection with your Submissions and to use your Submissions to advertise and promote your Submissions, the CBA networks or the means by which your Submissions are made available.
If you remove or delete a Submission from the Site, that Submission will be removed from the Site within a reasonable period of time. Nonetheless, a Submission that you remove may still be available to third parties who previously acquired the Submission and CBA may maintain copies for archival purposes. CBA is not required to host, display, or distribute any Submissions, and may remove them at any time. CBA is not responsible for any loss, theft or damage of any kind to any Submissions.
You represent and warrant that: (a) you own all rights in your Submissions (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to CBA the rights in your Submissions described herein; (b) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, arising from any use or commercial exploitation of your Submissions, and CBA will not be responsible for such obligations; (c) you are the individual pictured and/or heard in your Submissions, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears and/or is heard in your Submissions to grant the rights to CBA described herein; (d) you will make such permissions available to CBA upon request; and (e) your Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your Submissions do not violate any of the foregoing representations and warranties and to make such records available to CBA upon request. Please refer to the "GUIDELINES FOR USE OF THE SERVICES" below for additional information concerning Submissions.
In consideration for your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services (your "Registration Information") in order to create your User Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at CBA's sole discretion, have their User Accounts suspended or terminated, and may be permanently banned from using any current or future Services.
As part of your User Account, you will be responsible for creating, and maintaining the confidentiality of, your user name and password. We ask that you select a user name other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your User Account information, as sharing your password with others may lead to unauthorized access to your User Account and the information therein. You agree that you will (i) immediately notify CBA of any unauthorized use of your User Account, and (ii) ensure that you properly exit all Services at the completion of your use session. CBA shall have no liability for any loss or damage arising from your use of a User Account, the Site or any Service, or your failure to comply with these requirements.
Please note that CBA may share your Registration Information or other User Account information when CBA is requested to do so by law, legal process or court order.
You are entirely responsible and liable for all activities conducted by you, and/or any other user of your User Account and of the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material ("Posted Content") to any portion of the Services. Listed below are some, though not all, violations that may result in CBA terminating or suspending your User Account and/or access to CBA Services. You agree not to do any of the following actions while using any CBA Service:
- Harass, threaten, embarrass or cause distress or discomfort upon another Service participant, user, or other individual or entity;
- Transmit, in connection with any Service, any Posted Content that is or may be disruptive, unlawful, harmful, threatening, abusive, a depiction of violent or cruel acts, false, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable, including any content which CBA, in its sole discretion, considers and notifies to User from time to time, to be falling within any one or more of the above types of content or information;
- Cause any forum, message board or comment widget to "flood" or any action of a similar disruptive effect;
- Impersonate in any Service, any person, including but not limited to, a CBA official or representative, forum, message board or comment widget leader or admin, guide or host;
- Disrupt the normal flow of dialogue in a forum, message board or comment widget or otherwise act in a manner that negatively affects other participants;
- Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any Services;
- Invade the privacy or violate any personal or proprietary right of any person or entity; or
- Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.
You understand that any content that you upload and/or post on the Site or any Service shall constitute a Submission for all purposes of these TOS.
CBA does not, as part of a regular, established practice, monitor, control, or have knowledge of the content transmitted using the Site. You agree that you are solely responsible for all content you transmit and receive using the Site.
CBA sites may frame, and/or contain links to or advertisements about, non-CBA Web sites. Other sites may also reference, advertise, or link to CBA sites. CBA does not endorse or sponsor other Web sites and is not responsible for the content of such sites. CBA expressly disclaims any statements or assertions made on non-CBA Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.
(a) Copyright Infringement Notification. CBA respects the intellectual property rights of others. Upon proper notice, CBA will remove or disable access to Posted Content that violates copyright laws of Singapore, suspend access to the Site (or any portion thereof) to any user who uses the Site in violation of any copyright laws of the Applicable Jurisdictions, and terminate the accounts of repeat infringers.
Under Sections 193D(1) and 252C(1) of Copyright Act (Cap. 63) of Singapore and similar or relevant provisions or provisions with similar or equivalent effect (if any) in any of the Applicable Jurisdictions ("Relevant Take Down Provisions"), CBA has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send CBA's copyright agent a notification of claimed infringement in compliance with the Relevant Take Down Provisions. For notifications under the Copyright Act of Singapore, such notification should include all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit CBA to locate the material on the Site; (iii) information reasonably sufficient to permit CBA to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) your physical or electronic signature. Please provide us with a notice that includes all of the above enumerated information ("Notice of Infringement") and email or mail it to the following CBA copyright agent:
Chinatown Business Association
29A/B Smith Street Singapore 058943
Marketing & Promotions Manager
Email : email@example.com
By submitting a Notice of Infringement, you acknowledge and agree that CBA may forward your Notice of Infringement and any related communications to any users who posted the material identified in such notice.
Please do not send notices or inquiries unrelated to alleged copyright infringement to CBA's designated agent.
(b) Counter Notification. Under Relevant Take Down Provisions, if you believe that your content has been wrongfully removed from the Site, you may send CBA a counter notification. Pursuant to Relevant Take Down Provisions, you may be held liable for damages if you make material misrepresentations in a counter notification.
Your counter notification must be issued in accordance with the Relevant Take Down Provisions. Counter notifications under the Copyright Act of Singapore, to be effective, must be in writing, sent to CBA's designated agent (as identified above), and include substantially the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on the Site; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the courts of Singapore and agree to accept service of process from the person who submitted the original Notice of Infringement that resulted in your Posted Content being removed (or an agent of such person) in the event he or she elects to file suit.
By submitting a counter notification, you acknowledge and agree that CBA may forward your counter notification and any related communications to the person who submitted the original Notice of Infringement that resulted in the removal of or disabling of access to of your Posted Content or to other third parties.
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.
This Site may contain contests that require you to register an CBA account or sign in using a third party account or send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you may enter.
Your right to use the Site automatically terminates if you violate these TOS or any rules or guidelines posted in connection with the Site. You understand and agree that CBA may, in its sole discretion and at any time, terminate your password, User Account or use of any Service, and discard and remove or disable access to any Posted Content posted or submitted by you to any Site or Service, for any reason. CBA may also, in its sole discretion and at any time, discontinue any Site or Service or limit or restrict any user's access thereto, for any reason. You understand and agree that CBA may take any one or more of these actions with or without prior notice to you. Should CBA take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your User Account, including your Registration Information and Posted Content. FURTHER, YOU AGREE THAT CBA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR POSTED CONTENT OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SITE (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the Site at any time. CBA reserves the right to investigate your use of the Site in the event CBA, in its sole discretion, believes you have violated these Terms of Service.
THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CBA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. CBA DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE, SERVICES OR SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, THE SERVER THAT MAKES THEM AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. CBA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, THE SITE CODE, THE SERVICES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CBA) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND SOFTWARE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CBA BE LIABLE FOR ANY LOSS OF PROFIT OR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, SITE CODE OR THE SOFTWARE, EVEN IF CBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. WHILE CBA TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, CBA SHALL NOT BE LIABLE FOR ANY LOSS OF PROFIT OR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CBA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, EXPENSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO CBA, IF ANY, FOR ACCESSING THIS SITE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent CBA may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of CBA's liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless CBA, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submit, post, or transmit on or through the Site; (b) your (or anyone using your account's) use of the Site; (c) your (or anyone using your account's) violation of these Terms of Service; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. CBA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CBA in asserting any available defenses.
CBA shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or the availability of Site or Services, or for any inaccuracy, unreliability or unsuitability of this the Site Content, Site Code, and the Software if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (which includes without limitation acts of God, natural disasters, acts of any government or authority, power failures, and the acts or a party for whom CBA is not responsible.
This Site is operated by the CBA office within Singapore and elsewhere around the world. It can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing this Site both you and the CBA agree that the statutes and laws of the Republic of Singapore, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Site.
You and the STB also agree and hereby submit to the jurisdiction and venue of the Courts of the Republic of Singapore with respect to all such matters.
Terms of Service updated as of 26 November 2010.