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.