OrionArts Pte Ltd Terms of Service
(1) the website located at http://www.orionarts.sg (the “Site”), including any services, features and content accessible or downloadable from the Site, and
(2) any other OrionArts Pte Ltd application, service or product licensed, downloaded or otherwise accessed by you through third party websites or sources ((i) and (ii) collectively, the “Service”).
A. Your Acceptance of the Terms of Service:
Please carefully read these Terms of Service, which affect your legal rights and obligations. By registering for an Account or otherwise using the Service, you represent that
(1) you are age 18 or older,
(2) you understand and agree to these Terms of Service, and
(3) if you are under the age of 18, your legal guardian has reviewed and agrees to these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
B. Changes to the Terms of Service and the Service:
OrionArts Pte Ltd reserves the right to change or modify these Terms of Service at any time in its sole discretion. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms of Service are posted will constitute your acceptance of and agreement to such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.
YOU AGREE THAT ORIONARTS PTE LTD SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS OF SERVICE.
Except as may be expressly specified otherwise by OrionArts Pte Ltd with respect to paid portions of the Service, OrionArts Pte Ltd reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability on the Site. You will be deemed to have accepted such changes by continuing to use the Service.
Except as otherwise expressly stated, all amended terms shall automatically be effective immediately when posted.
C. Relationship to Other Agreements:
Your use of the Service or portions of the Service may also be subject to the terms and conditions of one or more related third party agreements (“Third Party Agreements”), such as agreements governing your download of or access to applications that are part of the Service by means of a third party website or source. In the case of any conflict between any Third Party Agreement and these Terms of Service with respect to OrionArts Pte Ltd or any aspect of the Service, these Terms of Service will control.
D. Registration, User Data and Accounts:
You may register for a user account that enables you to post content to a blog, message board, chat room, other forum or any form of social media (an “Account”). You also may be required to otherwise provide information about yourself in order to use the Service. You agree to:
(1) provide true, accurate, current and complete information about yourself as prompted by the Service and
(2) maintain and promptly update such data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current, OrionArts Pte Ltd has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.
You are responsible for maintaining the confidentiality of your Account. You are fully responsible for all activities that occur under your Account with or without your knowledge. You agree to notify OrionArts Pte Ltd immediately of any unauthorized use of your Account or any other breach of security related to your Account.
Each user of the Service is allowed a maximum of one Account per Device. A “Device” must embed Apple’s operating system or the Android operating system. You may not sell, trade, or otherwise transfer or assign your Account to another party. You are responsible for maintaining the confidentiality of your password and Account and agree not to provide your login information to any other party. You are fully responsible for all activities that occur under your password or Account with or without your knowledge. You agree to immediately notify OrionArts Pte Ltd of any unauthorized use of your password or Account or any other breach of security.
E. Rights to Use the Service:
Subject to your compliance with these Terms of Service, OrionArts Pte Ltd grants you a limited, revocable, non-exclusive, non-transferable, nonsublicensable license to use and display, solely for your personal, non-commercial use, solely on a single computer to access the Site and solely on a Device to access OrionArts Pte Ltd’s applications, the following:
(1) the portions of the Service that are freely accessible from the OrionArts Pte Ltd Site or that are, with OrionArts Pte Ltd’s authorization, made freely accessible from third party websites or sources, and
(2) such other portions of the Service accessible on a “for-payment” basis, provided that you have paid the applicable fees and satisfied all applicable conditions. The license in the preceding sentence is
(i) solely for your personal, non-commercial use;
(ii) solely for a single computer to access the Site and solely on a Device to access applications; and
(iii) subject to your compliance at all times with these Terms of Service.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by OrionArts Pte Ltd or its licensors, except for the licenses and rights expressly granted in these Terms of Service. Without limiting the generality of Section B above, OrionArts Pte Ltd reserves the right to modify the license and restrictions set forth in this section and elsewhere in these Terms of Service in accordance with the terms and conditions of these Terms of Service, including without limitation by charging fees for such license.
F. Service Materials, Ownership, Trademarks and Feedback:
The term OrionArts, the OrionArts logo and other OrionArts, Inc. logos and product and service names are trademarks and service marks of, and are owned by, OrionArts Pte Ltd. Except as expressly set forth herein, you may not use or display such trademarks in any manner without OrionArts Pte Ltd’s prior written permission. All third party trademarks and service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of any OrionArts Pte Ltd’s trademarks or service marks as "metatags" on other websites is prohibited.
If you provide OrionArts Pte Ltd with comments, suggestions or feedback about, or in connection with, the Service (collectively, “Feedback”), you agree that such Feedback shall be the exclusive property of OrionArts Pte Ltd, and you hereby assign all rights, title and interest in and to such Feedback to OrionArts Pte Ltd. You agree that unless otherwise prohibited by law, OrionArts Pte Ltd may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.
Except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Service, as between you and OrionArts Pte Ltd, OrionArts Pte Ltd and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials. “Service Materials” means all information and materials that are part of the Service, including without limitation the following: photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; any and all copyrightable material, including software; the "look and feel" of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; and User Content. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).
You acknowledge and agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the Singapore and other jurisdictions. All rights not expressly granted by these Terms of Service are reserved by OrionArts Pte Ltd and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by OrionArts Pte Ltd and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).
G. User Content:
The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information, etc.), including by making the foregoing available to OrionArts Pte Ltd and other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, “User Content”). OrionArts Pte Ltd has no obligation to accept, display, review, maintain or otherwise exploit any User Content.
You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. OrionArts Pte Ltd has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness or any other quality. OrionArts Pte Ltd makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Service. Under no circumstances will OrionArts Pte Ltd be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.
Notwithstanding the foregoing, OrionArts Pte Ltd reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation the violation of these Terms of Service, or for no reason, at any time. You may bring User Content that you believe violates these Terms of Service, or other inappropriate user behavior, to OrionArts Pte Ltd’s attention by emailing to firstname.lastname@example.org.
H. Your Content:
User Content that you make available in connection with the Service is referred to herein as “Your Content.” You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you.
You represent and warrant that Your Content is wholly original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Service without OrionArts Pte Ltd incurring any third party obligations or liability arising out of its exercise of such rights and licenses.
OrionArts Pte Ltd does not claim any ownership rights in Your Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit Your Content. You hereby grant to OrionArts Pte Ltd a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit Your Content via the Service or otherwise. You also grant to OrionArts Pte Ltd the right to sublicense and authorize others to exercise any of the rights granted to OrionArts Pte Ltd under these Terms of Service. You further perpetually and irrevocably grant OrionArts Pte Ltd the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you. OrionArts Pte Ltd has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
I. Restrictions and Rules of Use:
As a condition of your use of the Service, and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service itself.
The Service is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.
You shall not create an Account or access the Service if you are under the age of 18
You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 18. You accept full responsibility for any unauthorized use of your Account by minors. You are responsible for any use of your credit card or other payment instrument by minors
You agree to not use the Service to transmit, make available or otherwise promote or support:
(1) any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another's privacy, hateful, discriminatory or disparaging or otherwise objectionable or inappropriate;
(2) any User Content that promotes illegal activity, such as drug use;
(3) any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(4) any User Content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;
(5) any unsolicited or unauthorized advertising, promotional materials, “junk mail," “spam," “chain letters," “pyramid schemes," or any other form of solicitation;
(6) any spyware, passive collection mechanism or any other code or material that acts as a passive or active information collection or transmission mechanism;
(7) cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of the Service; or
(8) unreleased Service content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any portion of the Service.
You further agree not to:
(1) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(2) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
(3) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;
(4) use the Service to harm minors in any way;
(5) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;
(6) defraud or mislead OrionArts Pte Ltd or other users or otherwise engage in any suspicious activity;
(7) use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme or any other product or service of any kind;
(8) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(9) create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user’s Account for any purpose, including to circumvent a suspension or ban;
(10) cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the OrionArts Pte Ltd experience to the detriment of fair play; or
(11) sell or transfer the Service (or any portion thereof), your Account or access to your Account in exchange for legal tender or other actual currency, or for other goods, services or items of monetary value.
You also agree not to access the Service:
(1) by any means other than through the interface that is provided by OrionArts Pte Ltd for use in accessing the Service;
(2) through any automated means (including the use of any script, web crawler, robot, spider, or scraper); or
(3) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported from Singapore or the country in which you reside.
In addition, you agree not to use the Service or any portion of the Service that enables communications, (for example, email, online forums, message boards, messaging services or blogs), to:
(1) excessively communicate the same phrase, similar phrases, or gibberish;
(2) create undue discontent or disturbances among other users, such as by picking fights, making off-topic posts in forums or insulting other users of the Service;
(3) post or transmit non-constructive comments;
(4) abuse any functionality enabling reporting to OrionArts Pte Ltd by sending false alarms or nonsensical messages;
(5) bump forum threads; (6) number threads or post other non-contributory posts, such as IBTL (i.e., in before the lock), TLDR (i.e., “too long; didn’t read”) or “First!” posts;
(6) post off-topic comments;
(7) commit other actions that OrionArts Pte Ltd considers, in its sole discretion, to be “flaming,” “trolling” or “spamming”;
(8) create new threads about existing topics or separate threads about an existing topic for further discussion in more than one forum (e.g., cross-postings); or
(9) links to threads from other forums unless previously approved by a moderator.
OrionArts Pte Ltd reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the these Terms of Service or the Service itself and to take action as a result, which may include termination of your Account and exclusion from further participation in the Service.
J. Virtual Currency and Goods:
The Service may include virtual currency, such as cash, coins, points or similar that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (such virtual currency, “Virtual Currency”). The Service may also include virtual digital items, such as assets, commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (such virtual items, “Virtual Goods”).
OrionArts Pte Ltd can manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods. OrionArts Pte Ltd shall have no liability to you or any third party in the event that OrionArts Pte Ltd exercises any such rights. You have no right, tile or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service except the following: You will have a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Service, Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by OrionArts Pte Ltd.
You hereby acknowledge and agree that the transfer of Virtual Currency and Virtual Goods is strictly prohibited except where expressly authorized in the Service. Outside the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to OrionArts Pte Ltd, any other user of the Service or any other party.
You agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable, unless OrionArts Pte Ltd or the applicable third party platform decides in its sole and absolute discretion to provide a refund. You agree that in the event that these Terms of Service, your Account or the Service is terminated for any reason, which may include without limitation OrionArts Pte Ltd’s discontinuation for any reason of the applicable portion of the Service, you will forfeit all Virtual Currency and Virtual Goods and OrionArts Pte Ltd will have no liability to you in connection with that forfeiture.
K. Posting On Other Websites and Linking to the Service:
Subject to these Terms of Service, OrionArts Pte Ltd agrees to grant you a limited, revocable, non-exclusive, non-transferable license to post your personal Account profile information, such as your achievements in applications that make up part of the Service, and such other Service Materials as OrionArts Pte Ltd may authorize in writing, for non-commercial purposes only and only on your personal website or on a third party website that permits posting of such content at the direction of users, provided that such third party website
(1) is not a commercial competitor of OrionArts Pte Ltd,
(2) does not criticize, or take other actions that could reasonably expected to result in harm to, OrionArts Pte Ltd,
(3) does not obtain any rights to such posted content other than a non-exclusive license to post it at your direction,
(4) does not charge for access to such content and does not associate products, services or advertising with such content, and
(5) together with all websites to which it links, complies with all applicable laws, does not in any way threaten or violate the intellectual property or other rights of any kind of any third party and does not host post, publish, distribute, disseminate or facilitate any content that, if User Content posted on the Service, would violate these Terms of Service (each such third party website, an “Authorized Website”). The foregoing license is expressly conditioned on your accompanying each such posting with both
(i) a link to http://www.orionarts.sg and
(ii) the statement “Copyright OrionArts Pte Ltd. All Rights Reserved. Used With Permission."
on every page on which the posting appears.
OrionArts Pte Ltd agrees to grant you a non-exclusive, limited license, revocable at OrionArts's discretion, for you to link to OrionArts Pte Ltd's home page from any Authorized Website. You may not display the Service or any portion thereof in frames or "in-line links" without express written permission from OrionArts Pte Ltd.
“Feedback” means any comments, suggestions or feedback about, or in connection with, the Service that you provide to OrionArts Pte Ltd. You agree that any Feedback shall be the exclusive property of OrionArts Pte Ltd, and you hereby assign all rights, title and interest in and to such Feedback to OrionArts Pte Ltd. You agree that unless otherwise prohibited by applicable law, OrionArts Pte Ltd may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without compensation to you.
These Terms of Service will remain effective until
(1) terminated by either party. You may terminate your Account at any time and for any reason by sending an email to email@example.com notifying OrionArts Pte Ltd of your termination,
(2) deleting or otherwise destroying all Service-related materials and
(3) ceasing use of the Service.
OrionArts Pte Ltd may terminate these Terms of Service, your Account and your access to the Service (or, at OrionArts Pte Ltd’s sole option, applicable portions of the Service) at any time and for any reason. OrionArts Pte Ltd may, at its option and in its sole discretion, precede any such termination by issuing you a warning or other notice, such as upon your violation of these Terms of Service. However, you acknowledge that OrionArts Pte Ltd is not required to provide you with any such notice or warning prior to any such termination under this Section.
In addition, OrionArts Pte Ltd may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if OrionArts Pte Ltd suspects or determines that you may have
(1) failed to comply with any provision of these Terms of Service or any policies or rules established by OrionArts Pte Ltd; or
(2) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, OrionArts Pte Ltd, any third parties or the Service itself.
You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your user names, avatars, characters and achievements, Virtual Currency and Virtual Goods. You will not be entitled to and OrionArts Pte Ltd will not be liable to you or any third party for any refund, reimbursement or other liability as a result of any termination permitted under these Terms of Service for any reason, whether by you or OrionArts Pte Ltd. OrionArts Pte Ltd reserves the right to refuse to keep Accounts for or provide the Service to any individual. You shall not allow individuals whose Accounts have been terminated by OrionArts Pte Ltd to use your Account.
These Terms of Service will remain effective until terminated
M. Disputes With Others:
You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. OrionArts Pte Ltd hereby disclaims any and all liability to you or any third party relating to your use of the Service. You will cooperate fully with OrionArts Pte Ltd to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting OrionArts Pte Ltd access to any password-protected portions of your Account. OrionArts Pte Ltd hereby disclaims any and all liability to you or any third party relating to any dispute between you and other users of the Service.
N. Disclaimers of Warranties and Damages, Limitations of Liability:
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.
THE ORIONARTS PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ORIONARTS PARTIES MAKE NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU;
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE. THE “ORIONARTS PARTIES” ARE COMPRISED OF ORIONARTS
AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS.
UNDER THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ORIONARTS PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES,INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHERINTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ORIONARTS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE ORIONARTS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO ORIONARTS IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ORIONARTS ANY SUCH AMOUNTS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ORIONARTS IS TO STOPUSING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that OrionArts Pte Ltd or any other OrionArts Pte Ltd Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of OrionArts Pte Ltd’s and such OrionArts Pte Ltd Party’s liability shall be the minimum permitted under such applicable law.
O. Links to External Locations and Third Party Websites:
The Service may contain links to third-party websites or resources. You acknowledge and agree that OrionArts Pte Ltd is not responsible or liable for:
(1) the availability or accuracy of such websites or resources; or
(2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by OrionArts Pte Ltd of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. OrionArts Pte Ltd may remove any links at any time for any reason or for no reason.
You agree to indemnify, defend and hold the OrionArts Pte Ltd Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) made by a third party due to or arising from
(1) information in your Account and any information you (or anyone accessing the Service using your password) submit, post or transmit through the Service,
(2) your (or anyone accessing the Service using your password) use of the Service,
(3) your (or anyone accessing the Service using your password) violation of these Terms of Service or any applicable Additional Terms of Service or Third Party Agreements, and
(4) your (or anyone accessing the Service using your password) violation of any rights of any other person or entity. OrionArts reserves the right, at your expense, to assume the exclusive defense and control of any indemnifiable matter and you agree to cooperate with OrionArts Pte Ltd to defend these claims.
Q. Governing Law and Remedies:
These Terms of Service and any action related thereto or to the Service will be governed by the laws of Singapore without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Singapore, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to OrionArts Pte Ltd under these Terms of Service are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to OrionArts Pte Ltd for which remedies at law are inadequate. OrionArts Pte Ltd shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
(1) Access and Availability. You agree to be responsible for obtaining and maintaining all telephone, computer hardware, mobile devices and any other equipment needed for access to and use of the Service, and all charges related thereto. OrionArts Pte Ltd operates and controls the Service from its offices in Singapore. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject OrionArts Pte Ltd to any registration requirement within such jurisdiction or country.
S. No Waiver:
The failure of OrionArts Pte Ltd to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect.
(1) Assignment. These Terms of Service may not be assigned by you without OrionArts Pte Ltd’s prior written consent, but are freely assignable by OrionArts Pte Ltd.
(2) Compliance. Upon OrionArts Pte Ltd’s request, you will furnish OrionArts Pte Ltd any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service.
(3) Construction and Waiver of Defenses. You agree that these Terms of Service will not be construed against OrionArts Pte Ltd by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
(4) Force Majeure. OrionArts Pte Ltd shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of energy.
You agree that the following sections of these Terms of Service will survive any termination of these Terms of Service, your Account or the Service: Section F (Service Materials, Ownership, Trademarks and Feedback), Section H (Your Content), Section L (Termination), Section M (Disputes with Others), Section N (Disclaimers of Warranties and Damages, Limitations of Liability), Section P (Indemnification), Section Q (Governing Law and Remedies and Section R (Miscellaneous).
T. Contact Us:
For all correspondence, please email us at firstname.lastname@example.org
© 2011-2012 OrionArts Pte Ltd
Last modified: 18 May 2012.