Terms & Conditions - Underwater360

The following describes the terms on which Asian Geographic Magazines Pte Ltd (“AGM”) offers you the services and access to the information, communications, compilations, images, software, text, graphics, messages and other materials offered, supplied, produced, provided and/or delivered on uw360.asia (the “Service Site”),

From time to time for your use but only for the lawful purposes described herein. By accessing or using the Service Site, you agree to be bound by the terms and conditions, and any other policies, rules and regulations as may be imposed and/or required by AGM from time to time which are incorporated herein by reference, set forth below (collectively referred to as this “Agreement”). For the purposes of these terms and conditions, the term “Service Site” shall include all services, information, communications, compilations, images, software, text, graphics, messages and all other materials supplied by AGM to you, whether posted on the website or otherwise offered, supplied, produced, provided and/or delivered to you whether by way of electronic communications in the form of electronic mails, SMS, or any other such method or technology whether now known or hereafter developed.
AGM reserves the right to revise, withdraw or make changes to these terms and conditions and the Service Site, in whole or in part, at any time. All revisions, withdrawal and/or changes will be posted on the Site and all such revisions, withdrawals and/or changes shall automatically be effective once they are posted on the Service Site.
Registration and Account Creation
1. Registration Information: Service Provider may at times require that you register and/or set up an account to use certain portions of the Service, or the Service as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by editing your Registration profile on the Service.
2. Use Of User ID/Password: If you register and/or set up an account on the Service, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use the Service, and you are responsible for all use by you and those you allow to use the Service. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
  You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization.
  If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the Service), you must promptly change the affected Registration Information and notify Service Provider of the problem by e-mailing us at service.
3. Fees and Payments:
  Service Provider may charge you fees for products or services offered for sale through the Service, and/or for access to portions of the Service or the Service as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by Service Provider or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as “Fees”). Service Provider reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you. If you submit your credit, debit or charge card information to Service Provider upon registration or otherwise, you give Service Provider permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Service Provider for any reason, including charge back, Service Provider reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
Use of The Service Site By You
1. Unless otherwise specified, the Service Site is intended for your personal, noncommercial use only. You may not authorize others to use the Service Site, and you are responsible for all use of the Service Site by you and by those you allow to use, or provide access to, the Service Site.
2. The Service Site contains material that is protected by copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service Site. You may download material from the Service Site and may use the Service Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
3. You agree not to use any obscene, indecent, or offensive language or to place on the Service Site any material that is defamatory, abusive, harassing, racist, or hateful. Further, you may not place on the Service Site any material that is encrypted, constitutes junk mail or unauthorized advertising, or commercial offers, invades anyone’s privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any law or regulation. You agree to use the Service Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
4. The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Service, including without limitation, the “look and feel” of this website, are protected under applicable copyrights and other proprietary rights and are the property of Service Provider or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
5. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, or the Service Site.
6. You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service.
7. Other than connecting to Service Provider’s servers by http requests using a Web browser, you may not attempt to gain access to Service Provider’s servers by any means -including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
8. You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Your linking to any service or site is at your sole risk.
All content (including without limitation all text, photographs, graphics, video and audio content) located on the Service Site is the exclusive property of AGM or its content suppliers and protected by Singapore and international copyright and trademark laws. You may download materials displayed on the Service Site for your own personal and non-commercial use only but you must retain all copyright and proprietary notices on downloaded and/or copied material. Save as specifically permitted hereunder, and except for any materials that you have posted on the Service Site, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, repost or in any way exploit any part of this Service Site for any purpose, except that you may download material from the Service Site for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only and provided that all copyright and proprietary notices on such material shall be retained in whole. Without limiting the generality of the foregoing, you may not distribute any part of this Service Site over any other website or any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. The Service Site has been specially designed and compiled for presentation of content in a unique format and appearance to AGM’s users. The compilation (meaning the collection, arrangement and assembly) of all content on the Service Site is the exclusive property of AGM and protected by Singapore and international copyright laws. All software used on the Service Site is the property of AGM or its software suppliers and protected by Singapore and international copyright laws. AGM is concerned about the integrity of the Service Site when it is viewed in a setting created by a third party that includes advertising or other materials that AGM has not authorized to be displayed with the Service Site. Without limiting the foregoing provisions, neither you nor any third party shall make use of the contents of the Service Site in any manner that constitutes an infringement of AGM’s rights, including copyright.
AGM provides the facilities on the Service Site to permit you to submit materials, information, articles, photographs, text, graphics, video and/or audio content (“Your Information”) to AGM or to the Service Site directly. You are solely responsible for Your Information, and AGM acts as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
1. Your Information (or any materials contained therein): (a) shall not be false, inaccurate or misleading; (b) shall not be false, fraudulent, inaccurate, incorrect or untrue; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libellous, offensive, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or anything adult in nature or harmful to minors; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for AGM or cause AGM to lose (in whole or in part) the services of AGM’s ISPs or other suppliers. Furthermore, you may not submit any of Your Information on the Service Site that could cause AGM to violate any applicable law, statute, ordinance or regulation.
2. You hereby grant AGM a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use and to exercise the copyright and publicity rights you have in Your Information, in any media now known or not currently known, with respect to Your Information.
3. You shall not assume a false identity or the identity of some other member when using the Service Site or transmit libelous, harassing, vulgar or otherwise objectionable messages through the Service Site; or post materials subject to copyright or other intellectual property rights claimed by any third party; or use the Service Site for any unlawful or illegal activities (including spamming the other users by sending unsolicited e-mails).
Certain data transmissions between your computer and the Service Site are conducted through secure servers and protected by Secure Socket Layer (SSL) technology. Certain services further require you to register, use passwords and/or digital signatures. While AGM will use reasonable endeavours to provide reasonable precautions to protect any information or material that is confidential in nature, AGM does not guarantee that information transmitted through the internet is secure or that such transmissions will be free from delay, interruption, interception or error.
The trade marks, service marks and logo (the “Trade Marks”) used and displayed on the Service Site are registered and unregistered Trade Marks of AGM, its affiliates or its licensors. Nothing on this Service Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trade Marks displayed on the Service Site, without the written permission of AGM. AGM, its affiliates and licensors aggressively enforces its intellectual property rights to the fullest extent of the law. The name of AGM, MediaCorp or the Trade Marks may not be used in any way, including in advertising or publicity pertaining to the distribution of Your Information on the Service Site, without prior written permission of AGM. AGM prohibits use of the Trade Marks as a “hot” link or inlink to any AGM site or any other site unless establishment of such a link is approved in advance by AGM in writing.
AGM shall have the right, but not the obligation, to monitor the content on the Service Site, including chat rooms and forums, and AGM shall have the right to remove or delete any material (including Your Information) that AGM, in its sole discretion, finds to be in violation of any applicable laws, codes, rules or regulations. AGM shall have the right to remove any material (including Your Information) submitted to or posted on the Service Site. Without limitation to the foregoing, AGM shall have the right to remove any material (including Your Information) that AGM, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable or inappropriate without having to assign any reason therefore.
AGM reserves the right to terminate your use of the Service Site if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of AGM or any third party, or for any other reason whatsoever with or without notice to you. You agree that AGM may modify or discontinue the Service Site, with or without notice to you, and that AGM will not be liable to you or any third party as a result of such modification or discontinuation.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Service Site or the content contained herein without AGM’s prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on AGM’s infrastructure. Much of the information on the Service Site is updated on a real time basis and is proprietary or is licensed to AGM by AGM’s users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Service Site without the prior express written permission of AGM or the appropriate third party.
AGM shall not be responsible for any connection or access to the Service Site by you or the quality of the transmission of any information passing between you and the Service Site. You will be responsible for providing your own communications equipment to access the Service Site via the Internet, and the Internet access charges thereon.
Where you subscribe for any of the services on the Service Site that relates to any advertisement or other similar services, whether as a potential seller or buyer, you hereby expressly acknowledge and agree that the Service Site acts as a venue only and AGM is not involved nor responsible for the correctness, accurateness or truthfulness of any information that is posted by other users of the Service Site or the posting, provision, delivery of such information from AGM to you. AGM cannot, does not and has no control or ability to verify if all information, data and all such other materials posted, provided and/or delivered to you hereunder are correct and you further expressly agree to release, hold harmless and indemnify.
AGM, its parent, subsidiaries, affiliates, employees and officers from any claims, demands, losses, liabilities, costs, expenses 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 herewith and/or with any dispute between any users of the Service Site.
The Service Site is available on an “as is where is” basis. AGM does not warrant that the Service Site will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through the Service Site. AGM shall not be responsible for the availability or content of other services that may be linked to the Service Site. AGM does not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to the Service Site or any information or goods that are available or advertised or sold through the Service Site. AGM does not make any representations, nor does AGM endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in the Service Site or available though links in the Service Site. AGM reserves the right to correct any errors or omissions in the Service Site. Although AGM intends to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to the Service Site, AGM does not guarantee or warrant that the Service Site or materials that may be downloaded from the Service Site do not contain such destructive features. AGM is not liable for any damages or harm attributable to such features. If you rely on the Service Site and any materials available through the Service Site, you do so solely at your own risk. AGM, ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED CORPORATIONS MAKE NO WARRANTY AND HEREBY DISCLAIM ALL AND ANY WARRANTY, EXPRESS OR IMPLIED (TO THE EXTENT PERMITTED BY LAW) (1) IN RESPECT OF THE USE, SECURITY, ACCURACY, RELIABILITY, TIMELINESS, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CONTENT OR OF THE USE OF THE SERVICE SITE; (2) IN RESPECT OF HARM ARISING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICE SITE, INCLUDING WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, WHETHER OR NOT KNOWN; AND (3) THAT THE CONTENT AND ANY FUNCTIONS ASSOCIATED THEREWITH WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICE SITE AND ITS SERVER WILL BE FREE OF ALL VIRUSES AND/ OR OTHER HARMFUL ELEMENTS.
IN NO EVENT SHALL AGM, ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED CORPORATIONS BE LIABLE TO YOU AND/OR TO ANY PARTY FOR ANY DAMAGES, EXPENSES, CLAIMS, COSTS OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, (OTHER THAN FOR DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM YOUR USE OF THE SERVICE SITE CAUSED IN WHOLE BY AGM’S NEGLIGENCE) ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE), YOUR USE OF OR INABILITY TO USE THE SERVICE SITE, THE CONTENT OF THE HYPERLINKS, INCLUDING BUT WITHOUT LIMITATIONS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. ANY CLAIM AGAINST AGM SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICE SITE.
You agree to indemnify and hold harmless AGM, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms and conditions and/or any other regulations or requirements of AGM. AGM reserve the right to take over the exclusive defense of any claim for which AGM is entitled to indemnification under these terms. In such event, you shall provide AGM with such cooperation as is reasonably requested by AGM.
These Terms and Conditions shall be governed by the laws of the Republic of Singapore and any dispute arising out of the use of the Service Site shall be deemed to have taken place in Singapore and shall be referred by arbitration in Singapore 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 into these terms and conditions. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. Any failure to act by AGM with respect to any breach by you or others of any of the provisions of these terms and conditions does not waive AGM’s right to act with respect to subsequent or similar breaches.
You hereby expressly agree and acknowledge:
1. That all electronic communications made pursuant to this Agreement and/or use of the Service Site shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document;
2. Not to contest the legally binding nature, validity or enforceability of any transaction on the Service Site on the ground that it was entered into electronically;
3. To expressly waive any and all rights it may have to assert any such claims and shall comply with all relevant laws concerning electronic communications.