Terms of Service
Welcome to Singapore Media Fusion website (henceforth known as “Web Site” or “SingaporeMediaFusion”). This Web Site is operated by the Media Development Authority of Singapore (“MDA”). By accessing and using this Web Site, you shall be deemed to have accepted to be legally bound by these Terms of Service (“TOS”). If you do not agree to these TOS, please discontinue the use of this Web Site.
This Web Site provides users with access to a rich collection of media resources, including various communications tools, forums, media catalogue, search services, media file upload/ download, personalized content and events which may be accessed through any means (electronic or otherwise), media or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for the provision of the Service.
You also understand and agree that the Service may include certain communications from the Web Site, such as service announcements and administrative messages, and that these communications are considered part of membership of the Web Site and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. Your use of the Service is at your own risk. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and remain responsible for all equipment necessary to access the Service.
Registration and Use
If you have registered with MDA for purposes of uploading Work on the Web Site, you will be provided with an account ("Account") which you may use to navigate and carry out certain transactions on this Web Site.
You have been issued with an identification designation ("User ID"), password ("Password") and account designation specific to your Account. Your User ID and Password will not be known or disclosed to any party except the MDA and its employees, agents, servants and contractors, strictly on a "need-to-know" basis. However, MDA shall be at liberty to disclose the User ID, Password or Account contents to any third party, regulatory authority or other agency (whether Government or otherwise), if required to do so by any law, regulation or court order; or if MDA deems that such disclosure is necessary to carry out its duties, functions and obligations.
You shall :-
(i) be solely responsible for maintaining the confidentiality of your User ID, Password and Account;
(ii) shall immediately notify MDA of any theft or unauthorized use of your User ID, Password and Account or any other breach of security;
(iii) log out of your browser immediately at the end of each of your sessions on the Web Site, so as to ensure that others cannot access your Account or personal information and correspondence;
(iv) not disclose your User ID or Password to any third party;
(v) be solely responsible for any activities that take place through your User ID, Password or Account and for the contents of your Account.
MDA shall in no way whatsoever be liable to you for any loss, damage, costs, expense incurred by you as a result of, arising out of or in connection with the wrongful or fraudulent use of your User ID or Password or Account, whether by you or any third party.
You shall not acquire any rights, title, interests over your User ID or Password or Account and you agree and acknowledge that MDA shall be entitled (in its sole discretion) to terminate the use of the same at any time whatsoever, without having to furnish any reasons. If your Account remains inactive for a continuous period of six (6) months, MDA shall also be entitled (in its sole and absolute discretion) to terminate the use of the same at any time whatsoever, without having to furnish any reason. Upon such termination, you shall no longer be entitled to use or access your User ID, Password or Account and MDA may deactivate or delete your User ID, Password and Account and delete all related information and files in your Account. MDA shall not be liable to you or any third party for any termination of your User ID, Password, Account or the contents thereof.
All brand, product, service mark and trademarks used in this Web Site which identify SingaporeMediaFusion or third parties and their products and services are proprietary marks of the MDA and/or the relevant third parties respectively.
No right or license is given to you or any user accessing this Web Site to reproduce or use the brand, service mark, trademark. The mark SingaporeMediaFusion may not be used in connection with any product or service not originating from MDA or used in any manner that is likely to cause confusion among consumers, indicate a connection or association with MDA or used in any manner that disparages or discredits or otherwise damages the interests of MDA.
If you have registered with MDA for the purposes of uploading the Singapore Media Fusion trademark on the Website, MDA grants you a worldwide, royalty free, limited licence to use or reproduce the SingaporeMediaFusion trademark on your Work, any project that has been or is supported by MDA under its funding schemes or grants ("Project") and on promotional and marketing material directly related with the Work and Project for such period of time as MDA may in its sole and absolute discretion determine provided always that you are able to satisfy the “Criteria to use the SingaporeMediaFusion trademark” on the Website prior to your use or reproduction of the SingaporeMediaFusion trademark.
MDA reserves the right to withdraw the licence and to disallow any use of the SingaporeMediaFusion trademark without assigning any reason for its decision and may require you to cease all use and reproduction of the said trademark on the Work, Project and on all material on which the SingaporeMediaFusion trademark is applied, used and reproduced.
You agree that you shall at all times adhere to the "Criteria to use the SingaporeMediaFusion trademark" which is published on the Website.
The content on this Web Site, except all submissions by users, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos, are owned by or licensed to MDA, and subject to copyright and other intellectual property rights under Singapore and foreign laws and international conventions. Content on the Web Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, adapted, distributed, transmitted, broadcast, communicated to the public, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
MDA does not claim ownership rights to your work submitted on the Web Site (the “Work”). Should you wish to submit Work on the Web Site, you hereby acknowledge and accept that your Work shall be made available to all users of this Web Site through the Service on such terms and conditions as may be specified by MDA from time to time. By the submission of your work agree to grant to MDA a non-exclusive, royalty-free perpetual license to use, reproduce, distribute, re-format, store, prepare derivative works (including adaptations) based on, and publicly display, perform or otherwise communicate to the public the content in the Work. Please note that when you upload the Work, you allow third parties to copy, distribute and display the Work. You should therefore make your own decision on whether to submit and upload the Work based on commercial consideration and personal judgment
As the author or producer (or agent, employee or independent contractor thereof) of the Work, you hereby warrant to MDA, its assignees and licensees:
1. that you have the full power, authority and mandate to make this Agreement.
2. that you are or will by the time of production or publication of the Work be the owner of the copyright in the entire Work.
3. that where copyright ownership is not possible, you have been or will be granted a copyright licence in respect of such constituent part in a form which the MDA has agreed in writing to accept as fulfillment of this warranty in lieu of ownership of the copyright;
4. that neither the publication of the Work by MDA (on this Web Site or otherwise) nor any action taken pursuant to these Terms of Service will infringe any rights of any third party;
5. that the Work has not previously been published in any form in any part of the world; and
6. that the Work is not and will not be defamatory, blasphemous, obscene, against public interest, public security, public order, national harmony or be in any other way unlawful and/or contrary to the laws of the Republic of Singapore.
MDA does not in any way whatsoever warrant, represent or endorse the accuracy or reliability of any information, materials, Content or Work displayed or distributed through this Web Site including but not limited to any advice, opinion, statement, or other information. You acknowledge that any reliance upon any such information, materials, Content or Work shall be at your sole risk.
MDA will not in anyway be responsible for the nature of the content in your Work being submitted. MDA has no ability to control the content in the Work you may upload, post or otherwise transmit using the Service and cannot review all materials and Content posted by users for any purpose. MDA has the right but not the obligation to monitor and edit or remove the Work or any part thereof in its sole and absolute discretion whether pursuant to any Order of Court, the operation of Part IXA of the Singapore Copyright Act (Cap 63) or in the opinion of MDA is in breach and without further notice to you. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.
You hereby waive all rights to any claim against MDA for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such content found on the Web Site.
Integrity, Privacy and Use of Information Received
You represent and warrant that you own or otherwise control all of the rights to the content in the Work that you post; that the Work will not cause injury to any person or entity, and that you will indemnify and keep indemnified the MDA, all its officers, agents, employees, content and information providers, licensors and licensees against any claims resulting from the Work you submit.
MDA may monitor your use of this Web Site, and may freely use and disclose any information and materials received from you or collected through your use of this Web Site for any lawful reason or purpose.
Representations and Warranties
You hereby further represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through this Web Site any materials or Work which :-
(i) may restrict or inhibit any other user from using and enjoying this Web Site,
(ii) are unlawful, threatening, harmful, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, threatening, sexually explicit or indecent,
(iii) may constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,
(iv) may violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right in any jurisdiction,
(v) may contain any viruses, Trojan horses, worms, time bombs or other harmful component designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any data or information contained therein,
(vi) may constitute or contain false or misleading indications of origin or statements of fact,
(vii) may interfere with or disrupt the operation and functionality of this Web Site, servers or networks connected to this Web Site or the Service,
(viii) may constitute unsolicited or unauthorized advertising, promotional material, "junk mail", "spam", "chain letter", "pyramid schemes" or any other form of solicitation except in those areas on this Web Site that are designated for such purpose,
(ix) "stalk" or otherwise harass another,
(x) collect or store personal data about other users, or
(xi) may constitute information, the publication, dissemination, distribution or disclosure of which may violate or contravene or be prohibited by the provisions of the Official Secrets Act (Cap 213) or any other applicable laws of the Republic of Singapore.
Disclaimer of Warranty and Limitation of Liability
This Web Site, including all content, software, functions, services, materials and information made available on or accessed through this Web Site, is provided on an "as is" basis. To the fullest extent permissible by law, MDA makes no representation or warranties of any kind whatsoever for the Service, software, content on this Web Site or the Work, materials, information submitted through the Service, and functions made accessible by the software used on or accessed through this Web Site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this Web Site or any linked site. You expressly agree that your use of the Service is entirely at your sole risk.
Further, to the fullest extent permissible by applicable law, MDA disclaims any express or implied warranties, including, without limitation, non-infringement of third-party rights, reliability, accuracy, timeliness, performance of the Service, merchantability or fitness for a particular purpose. MDA does not warrant or represent that the accessibility of this Web Site, the Service or the functions contained in this Web Site or any materials or Content contained therein will be uninterrupted or error free, that defects will be corrected, or that this Web Site or the server that makes it available is free of viruses or other harmful components. MDA shall not be liable for the use of this Web Site, including, without limitation, the Content, Work, Service and any errors contained therein.
You specifically acknowledge that MDA is not liable for your defamatory, offensive or unlawful conduct or such conduct by third parties and you expressly assume all risks and responsibility for damages and losses arising from such conduct.
You acknowledge and agree that your use of this Web Site and all Content, functions, Service, materials and information made available on, or accessed through this Web Site, and obtained through internet, WAP or any other communication channels, are at your sole risk. In no event shall MDA be liable to you or any party for any damages, claims, expenses or losses of any kind (whether direct, indirect, incidental, punitive, exemplary and/or consequential) arising from or in connection with any use of and/or reliance on the accuracy, availability, currency, title, non-infringement, quality, reliability, suitability and/or completeness of the software, functions, Service, materials and information, Work or Content of this Web Site or any part thereof.
In no event shall MDA be liable to you or any party for any damages, claims, expenses or losses of any kind (whether direct, indirect, incidental, punitive, exemplary and/or consequential) arising from failure to transmit, delay in transmission, or errors and inaccuracies during transmission of information via the internet, WAP or any other communication channels, even if MDA has been advised of the possibility of such damages, claims, expenses or losses.
In addition, you agree that MDA shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special or consequential damage or economic loss arising from or in connection with:
(a) any access, use or the inability to access or use this Web Site;
(b) any system, server or connection failure, error, omission, interruption, delay in transmission or computer virus;
(c) any use of or access to any other website linked to this Web Site;
(d) any services, products, information, data, software or other material obtained
from this Web Site or from and any other website linked to this Web Site,
even if MDA or their agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other website are not an endorsement or verification of such websites and such websites should only be accessed at your own risk.
Some jurisdictions do not permit the exclusion of certain warranties or the exclusion or limitation of liability for incidental or consequential damages and accordingly, some of the above limitations may not apply to you. In such jurisdictions, MDA’s liability is limited to the greatest extent permissible by applicable law.
You hereby agree to indemnify, defend and hold MDA, and all their officers, directors, owners, agents, employees, content and information providers, affiliates, partners, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any information , Work or Content which you submit, post or transmit or make available on this Web Site, your use of this Web Site, any breach by you of these TOS or the foregoing representations, warranties and covenants, including, without limitation, attorney fees and costs on a full indemnity basis. You shall cooperate as fully as reasonably required by MDA in the defense of any claim. MDA reserves the right, at its own expense, to assume the exclusive conduct and control of any matter or legal proceedings subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of MDA.
Amendment of the Terms
MDA reserves the right to amend these TOS from time to time in its sole and absolute discretion. If you have registered as a member, we shall notify you of any material change to these TOS (and the effective date of such changes) by sending an email to the address you have provided to the Web Site for your account. For all other users, we will post the revised TOS on the Web Site. If you continue to use the Service after the effective date of the revised TOS, you will be deemed to have accepted those changes. If you do not agree to the revised TOS, your sole remedy shall be to discontinue using the Service.
Choice of Law and Forum
The TOS and the relationship between you and MDA shall be governed by the laws of the Republic of Singapore without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the Singapore courts.
TERMS AND CONDITIONS FOR USE OF SINGAPORE MEDIA FUSION DIRECTORY SERVICE
This is an agreement between you (“you” or “your”) and Media Development Authority (“MDA”, “we”, “us” or “our”) that governs your use of the Singapore Media Fusion Directory Service (“Service”), a service available on the Singapore Media Fusion website (“the SMF Website”). When you access or use the Service in any way you agree to be bound by these terms and conditions (“Terms”). These are in addition to the terms governing the use of the SMF Website, and in the event of any inconsistency between these Terms and the terms governing the SMF Website, the former shall prevail to the extent of such inconsistency.
We may periodically change the Terms and the Service without notice, and you are responsible for checking these Terms from time to time for revisions. All amended Terms become effective upon our posting the same on the SMF Website, and any use of the Service (including accessing the directory or continued listing of any directory entries) after such revisions have been posted signifies your consent to the changes.
USE OF LISTINGS. All information, content, directory and event portal listings (collectively the “Materials”) available on the Service are intended only for your internal and personal use, and cannot be re-distributed or resold in any manner (whether for commercial or non-commercial purposes) without the written consent of MDA. All access to Materials must be through the SMF Website and not through any other means.
Without limiting the generality of the foregoing, you are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the Service. You may not use the Services to compile a collection of listings, including a competing listing product or service. You may not use the Service or any Materials for any unsolicited commercial e-mail or any forms of commercial electronic messages (including as defined in the Singapore Spam Control Act 2007, Cap ).
Save as expressly granted in this paragraph, no consent or licence in respect of any copyright, trade mark, design, patent, goodwill in any trade name or other intellectual property or other right in the Materials or the products, services, processes or technology described therein is being granted to you, all of which rights are retained by MDA, and/or any third party owner of such rights.
UPLOADING AND MAINTENANCE OF DIRECTORY LISTINGS. Any person or entity may upload entries in the directory listing function comprised in the Service. Each such person or entity may designate up to two users ("Listing Administrators") who must each be authenticated via the use of the SINGPASS service or such other means of verification as MDA may determine. Each Listing Administrator may make modifications to the directory listings available on the Service. MDA in its sole and absolute discretion may at any time withdraw any such functionality with respect to any user or users or otherwise generally. All persons or entities maintaining listings shall be responsible for the acts and activities of Listing Administrators, and for deleting access privileges of any Listing Administrator, which may be carried out by the other Listing Administrator, or otherwise in writing to the MDA, marked for the attention of [insert].
By using your SINGPASS to authenticate yourself, you agree to be bound by the prevailing terms governing the use of the same, as set out at http://mycpf.cpf.gov.sg/cpf/Terms-of-use/Terms_of_use.htm. Furthermore, you irrevocably consent to the transmission to and storage by MDA of your personal particulars registered with SINGPASS, and MDA recording any other information relating to your use of the Service as MDA may consider relevant.
ANY ACCESS TO THE SYSTEM TO SUBMIT OR MODIFY ANY DIRECTORY LISTING OTHERWISE THAN IN COMPLIANCE WITH THE ABOVE SHALL CONSTITUTE AN UNAUTHORISED ACCESS, USE AND/OR INTERCEPTION OF THE SERVICE AND/OR ASSOCIATED COMPUTERS AND/OR THE DATA AND PROGRAMS HELD THEREIN. YOU UNDERSTAND AND ACKNOWLEDGE THAT SUCH ACTS CAN CONSTITUTE AN OFFENCE UNDER THE COMPUTER MISUSE ACT, SINGAPORE, FOR WHICH YOU MAY BE LIABLE TO PROSECUTION AND TO SEVERE CRIMINAL PENALTIES UPON CONVICTION.
MATERIAL YOU PROVIDE TO US. You agree that any and all Materials which you send to us, including but not limited to any feedback, data, answers, questions, comments, suggestions, ideas, directory listings or the like, will be deemed to be non-confidential and non-proprietary and we shall have the right to freely reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
You further represent, warrant and undertake to MDA that all you have all relevant rights, consents, licences and authorisations to provide the Material to us, and to grant to MDA all of the rights and licences in connection with the same as set forth under these Terms. Without prejudice to the generality of the foregoing, you further represent, warrant and undertake that all of the Materials provided or uploaded by you shall not infringe any intellectual property or other rights, be defamatory or libellous, illegal, obscene, threatening, defamatory, invasive of privacy, contrary to public interest, public morality, public order, public security, national harmony, or prohibited by any applicable laws or regulations, constitute false or deceptive advertising or sales practices or contain any virus, contaminating or destructive features.
NO ENDORSEMENTS. MDA does not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any businesses, products, services, or Materials, including advice, ratings, recommendations and/or directory listings contained on, distributed through, or linked, downloaded or accessed from the Service. References to any names, marks, products or services of third parties or hypertext links to third party Services or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of any listing or any other information through the use of the Service.
CONTENT DISCLAIMER: The Service communicates information provided and created by third parties. MDA has no control over the accuracy of such information, and material on the Service may include inaccuracies or errors or may be incomplete. MDA does not independently verify any information provided through the Service and your reliance thereon is entirely at your own risk. MDA makes no warranties, representations or guarantees in relation to any Materials or information available on or via the Service, including its currency, content, quality, copyright compliance or legality, or any loss or damage of any nature whatsoever and you agree that MDA bears no responsibility for or in connection with the same.
EXTERNAL LINKS. Links to external parties may be provided as part of the Service, and if so, this is as a convenience to users. The listing of an external Service does not imply endorsement of the Service by MDA or the Service or its affiliates. Clicking on links may direct you to a new browser window that is not hosted or controlled by MDA. MDA is not responsible for the content, functionality, or safety of these external sites. MDA also reserves the right to disable links to or from third-party sites to our Service in its sole and absolute discretion, although it is under no obligation to do so. MDA is not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked Web Services. We do not verify, screen or investigate directory listings or other content uploads before or after including them on our Service. MDA makes no representation and assumes no responsibility as to any the content that third parties submit for listing on the Service.
AVAILABILITY. MDA does not make any representations regarding the availability and performance of the Service or any sites to which links may be provided. MDA retains all rights, in its sole and absolute discretion, to alter or terminate the Service or any part thereof at any time from time to time, including without limitation adding or removing functionality, and to remove or edit any Material, without any notice to you. Users are solely responsible for all procuring at their own expense all necessary hardware, software and communications services necessary to access and use the Service.
DISCLAIMER: Any use of the Service, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE, MATERIALS AND INFORMATION THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MDA DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY AND ALL LIABILITY AND WARRANTIES RELATING TO OR IN CONNECTION WITH
(A) THE SECURITY, AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY AND/OR PERFORMANCE OF THE SERVICE AND MATERIALS, THE CORRECTION OF ANY DEFECTS OR ERRORS, OR THAT THE CONTENT IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS;
(B) THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL, ACCURACY OF ANY SEARCH RESULTS OR OTHER OUTPUT OBTAINED THROUGH THE USE OF THE SERVICE;
(C) THE AVAILABILITY, ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY OR ANY OTHER ASPECT OF ANY CONTENT, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS OR INFORMATION ON OR MADE AVAILABLE BY OR OTHERWISE RELATING TO ANY THIRD PARTIES VIA THE SERVICE OR LINKED THERETO OR OTHERWISE OBTAINED THROUGH THE SAME.
EXCLUSION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL MDA HAVE ANY LIABILITY TO ANY PERSON OR USER ON ACCOUNT OF ANY USE, MISUSE OR RELIANCE ON THE SERVICE FOR ANY LOSS, DAMAGE OR CLAIM OF WHATSOEVER NATURE, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL, EXTENDING TO DAMAGES OR OTHER CLAIMS FOR LOSS OF PROFITS, REVENUE, USE, DATA, BUSINESS OR OTHER OPPORTUNITIES, GOODWILL, ANTICIPATED SAVINGS, WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY, EVEN IF MDA IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SERVICE OR OTHERWISE HOWSOEVER. MDA DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVICE OR OTHER MATERIAL ACCESSIBLE THROUGH OR LISTED ON THE SERVICE.
THE USER OF THIS SERVICE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVICE AND THE INTERNET GENERALLY. YOU FURTHER AGREE, HAVING REGARD TO THE NATURE OF THE SERVICE PROVIDED BY MDA, THAT THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE REASONABLE IN EVERY RESPECT.
MONITORING. MDA does not undertake to monitor the material residing on or transmitted to this Service. You agree MDA may in it sole and absolute discretion alter, reject, or delete any Material residing on or transmitted via its Service which it considers in its sole opinion to be undesirable, illegal, in breach of these Terms or otherwise as MDA regards expedient.
INDEMNIFICATION: You agree to indemnify and hold MDA and its officers, directors, agents, and employees, harmless from any loss, claim, damage or demand, including reasonable attorneys' fees, due to or arising in connection with any breach by you of these Terms, or any law, regulation or terms of any licence, any rights of any third party, including without limitation the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
INTELLECTUAL PROPERTY COMPLAINTS: If you believe that any Material used in connection with the Service has been constitutes copyright infringement, please provide written notice to MDA with full details as prescribed in PART IXA to the Singapore Copyright Act, Cap 63, to be submitted to MDA’s designated representative, as follows:
[To insert (a) the name of the representative designated by the network service provider, (b) the appointment held by the designated representative in the network service provider, (c) the full address of the designated representative and (d) a telephone number, a facsimile number (if any) and an electronic mail address at which the designated representative can be contacted.]
Upon receipt of a compliant notice of infringement, MDA may take further steps in depending on the nature of the alleged infringement described in the notice, which may include the matters described in the Singapore Copyright Act as applicable to network service providers.
MISCELLANEOUS: These Terms will be governed by and construed in accordance with the laws of Singapore, and you agree to submit to the exclusive jurisdiction of the Singapore Courts. You are responsible for compliance with applicable laws.
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. Headings are for convenience only and do not affect interpretation.
These Terms constitute the entire agreement between MDA and you, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms.
Any waiver of any provision of the Terms will be effective only if in writing and signed by you and MDA. MDA reserves the right to investigate complaints or reported violations of these Terms and to take any action MDA deems necessary or appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, MDA may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
MDA reserves the right to seek all remedies available at law and in equity for violations of these Terms. Nothing in these Terms shall preclude or prejudice the exercise by MDA of any right, power or authority, and/or any recourse it may have against any person conferred upon it by any law or regulation.