Plus.Events Terms of Use
Plus.Events by Architechs Terms of Use, written 2018 February 03
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Plus.Events by Architechs Pte Ltd (“Us” or “Our” or “We”)
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These Terms of Use (“Terms”) are a legal contract between you (“You” or “Your”) and Us (collectively, “Everyone”) and govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as any services (“Services”) We may provide through Our mobile application (“Mobile Application”).
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READ THESE TERMS CAREFULLY BEFORE USING THIS MOBILE APPLICATION. USING THIS MOBILE APPLICATION INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS MOBILE APPLICATION IF YOU DO NOT ACCEPT THESE TERMS.
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NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMSAND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
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CHANGES
We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this Mobile Application at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because Everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them on this Mobile Application and, if You have registered with Us, by describing the modifications to these Terms in an email that We will send to the address that You provided during registration. To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at anytime after Your registration.
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If You object to any such modifications, Your sole recourse shall be to cease using this Mobile Application. Continued use of this Mobile Application following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Mobile Application. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
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GENERAL USE
By using this Mobile Application, You promise that You are at least 18 years of age.
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We invite You to use this Mobile Application for personal or internal business purposes (“Permitted Purposes”).
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To use the Mobile Application, You must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with Your mobile device. We hereby grant to You a limited, personal, non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by You, solely for Permitted Purposes. Your right to use the Mobile Application is conditioned on Your compliance with these Terms. You have no other rights in this Mobile Application or any Materials, and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Mobile Application or Materials in any manner. Without limiting the foregoing, You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii)rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that We may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to Your use of the Mobile Application.
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Unfortunately, if You breach any of these Terms, the above license will terminate automatically and You must immediately destroy any downloaded or printed materials (and any copies thereof).
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The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Apple iOS-powered mobile device (an “iOS App”):
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You acknowledge that these Terms are between You and Us only, and not with Apple, Inc. (“Apple”).
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Your use of Our iOS App must comply with Apple’s then-current App Store Terms of Service.
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We, and not Apple, are solely responsible for Our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to Our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Our iOS App.
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You agree that We, and not Apple, are responsible for addressing any claims by You or any third-party relating to Our iOS App or Your possession and/or use of Our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Us as provider of the iOS App.
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You agree that We, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defence, settlement and discharge of any third-party intellectual property infringement claim related to Our iOS App or Your possession and use of Our iOS App.
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You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
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You agree to comply with all applicable third-party terms of agreement when using Our iOS App (e.g., You must not be in violation of Your wireless data service terms of agreement when using the iOS App).
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The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to Your license of Our iOS App. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as they relate to Your license of the iOS App as a third-party beneficiary thereof.
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The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Android-powered mobile device (an “Android App”):
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You acknowledge that these Terms are between You and Us only, and not with Google, Inc. (“Google”).
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Your use of Our Android App must comply with Google’s then-current Android Market Terms of Service.
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Google is only a provider of the Android Market where You obtained the Android App. We, and not Google, are solely responsible for Our Android App and the Services and content available * thereon. Google has no obligation or liability to You with respect to Our Android App or these Terms.
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You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Our Android App.
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GEO-LOCATION TERMS
The Services include and make use of certain functionality and services provided by third-parties that allow Us to include maps, geocoding, places and other content from Google, Inc. (“Google”), or third-party vendors like Google, as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, You are agreeing to be bound by Google’s Terms of Use.
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PASSWORD RESTRICTED AREAS OF THIS MOBILE APPLICATION
If You want an account with Us, You must submit registration information through the account registration page on this Mobile Application or register using certain third-party sites that We allow You to use.
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Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account. For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly. And, if You forget Your password – no worries as We will happily send a password update to Your provided email address.
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You are responsible for complying with these Terms when You access this Mobile Application, whether directly or through any account that You may setup through or on this Mobile Application. Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of this Mobile Application as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access this Mobile Application. Should You believe Your password or security for this Mobile Application has been breached in any way, You must immediately notify Us.
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PRIVACY POLICY
We respect the information that You provide to Us, and want to be sure You fully understand exactly how We use that information. So, please review Our Privacy Policy (“Privacy Policy”) which explains everything.
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LINKS TO THIRD-PARTY SITES
We think links are convenient, and We sometimes provide links on this Mobile Application to third-party websites. If You use these links, You will leave this Mobile Application. We are not obligated to review any third-party websites that You link to from this Mobile Application, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from this Mobile Application, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of this Mobile Application may allow You to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit Your activities on this Mobile Application to be shared with Your contacts in your third-party site account.
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SUBMISSIONS
Certain areas of this Mobile Application (e.g. chat rooms or customer ratings and review areas) may permit You to submit feedback, information, data, text, software, messages, or other materials (each, a “User Submission”). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted.
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By submitting any User Submission, You are promising Us that:
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You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions)or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in these Terms;
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You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;
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Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
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You voluntarily agree to waive all “moral rights” that You may have in Your User Submission;
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Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading; Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
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Your User Submission is not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
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You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission;
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Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than Your own);
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Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
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Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and
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Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
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By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sub licensable through multiple tiers) to:
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Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
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Use (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
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Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.
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We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Mobile Application through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Mobile Application and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.
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UNAUTHORIZED ACITVITIES
To be clear, We authorize Your use of this Mobile Application only for Permitted Purposes. Any other use of this Mobile Application beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Mobile Application. This is because as between You and Us, all rights in this Mobile Application remain Our property.
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Unauthorized use of this Mobile Application may result in violation of various United States and international copyright laws. Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid. So, unless You have written permission from Us stating otherwise, You are not authorized to use this Mobile Application in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
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For any public or commercial purpose which includes use of this Mobile Application on another site or through a networked computer environment;
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In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Mobile Application;
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In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
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To stalk, harass, or harm another individual;
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To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
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To interfere with or disrupt this Mobile Application or servers or networks connected to this Mobile Application;
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To use any data mining, robots, or similar data gathering or extraction methods in connection with this Mobile Application; or
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Attempt to gain unauthorized access to any portion of this Mobile Application or any other accounts, computer systems, or networks connected to this Mobile Application, whether through hacking, password mining, or any other means.
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You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defence of such claim.
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PROPRIETARY RIGHTS
“Plus.Events”, “PlusEvents”, “Plus.Events by Architechs”, “Architechs:co” are trademarks that belongs to Us. Other trademarks, names and logos on this Mobile Application are the property of their respective owners.
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Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Mobile Application are Our sole property, Copyright © 2018 Architechs Pte Ltd. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
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INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to this Mobile Application (or any portion thereof) to any user who uses this Mobile Application in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Mobile Application in violation of someone’s intellectual property rights.
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Pursuant to Chapter 63 of Singapore Law, “Copyright Act” or Title 17 of the United States Code, Section 512 or similar Digital Millennium Copyright Act internationally, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this Mobile Application, please provide written notice to Us for notice of claims of infringement:
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Attn: ____ Copyright Act
[Insert Address] [Email: ___]
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To be sure the matter is handled immediately, Your written notice must:
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Contain Your physical or electronic signature;
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Identify the copyrighted work or other intellectual property alleged to have been infringed;
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Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
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Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);
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Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
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Contain a statement that the information in the written notice is accurate; and
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Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.
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Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
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Submitting a Copyright Act Counter-Notification
We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received Copyright Act take-down notice. In response, You may provide Us with a written counter-notification that includes the following information:
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Your physical or electronic signature; Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
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A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
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Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if * Your physical address is outside of Singapore, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
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Termination of Repeat Infringers
We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Mobile Application or Service who is the subject of repeated Copyright Act or other infringement notifications.
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DISCLAIMER OF WARRANTIES
THIS MOBILE APPLICATION AND THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS MOBILE APPLICATION AND THE SERVICES IS WITH YOU.
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WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS MOBILE APPLICATION AND THE SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE MOBILE APPLICATION AND THE SERVICES ARE FREE OF PROBLEMS.
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Without limiting the generality of the foregoing, We make no warranty that this Mobile Application or the Services will meet Your requirements or that this Mobile Application or the Services will be uninterrupted, timely, secure, or error free or that defects in this Mobile Application or the Services will be corrected. We make no warranty as to the results that may be obtained from the use of this Mobile Application or the Services or as to the accuracy or reliability of any information obtained through this Mobile Application. No advice or information, whether oral or written, obtained by You through this Mobile Application or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
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LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS MOBILE APPLICATION. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, REGARDLESS OF WHETHER SOUNDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FORALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED SINGAPORE TEN DOLLARS (S$10).
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LOCAL LAWS; EXPORT CONTROL
We control and operate this Mobile Application from Our headquarters in the Republic of Singapore and the entirety of this Mobile Application may not be appropriate or available for use in other locations. If You use this Mobile Application outside of the Republic of Singapore, You are solely responsible for following applicable local laws.
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FEEDBACK
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having developed, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
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DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER: CONTACT US
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CONTACT US
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at hello@architechs.co.