(1) applications that are published by other third parties,
(2) websites and services provided by other third party companies or entities to which our Applications may link, or
(3) applications that we distribute on behalf of other third parties which applications are hosted by such third parties, except otherwise as mentioned herein.
2. Personal Information and Non-Personal Information
We collect both Personal Information and Non-Personal Information.
“Personal Information” is information about you that can be used to identify or contact you on-line or off-line, such as your name, birth date, residential address, email address, credit card information and phone number. “Personal information” may include your unique device or user identifier when the identifier is combined with your personal information.
Personal information also does not include “Aggregate Information”. Aggregate information is data we collect about the characteristics and activities of the users and visitors of the Applications and enhance our Applications and our sites, from which any Personal Information has been removed. Such information may include demographic information, such as your unique user or user identifier (when not matched with or tie to your Personal Information), city of residence, information about your computer, software, platform and Internet IP address. We collect Aggregate Information about the use of the Applications to provide the best possible service and allow us to make certain recommendations and internal reports and share such information with our partners about how our customers use the Applications so that our partners also understand how people use the Applications and they can provide you with an optimal user experience.
We may combine Personal Information and Non-Personal Information to be used to improve your experience with or to aggregate it with information collected from other users to improve or analyze the Applications.
3. How Personal Information Are Collected
To assist us in personalizing and improving the Applications, and allow our users to set up a user account and profile that can be used to personalize their experience in using the Applications, Personal Information are collected from you. We may collect your Personal Information in a number of ways such as, during your
(1) registration or log-in our websites,
(2) creation of a personal profile,
(3) customer support or technical service requests,
(4) request for services from third party service providers on our websites or the Applications, and
(5) participations in promotional or marketing activities, surveys, and other alerts.
Depending on the activity in which you are involved, information that we collect from you may vary.
Cookies. We collect certain technical information when you use the Applications in order to (i) manage advertising; (ii) analyze the usage of our sites and services; and (iii) provide a more personalized experience.
4. Storage, Transfer and Security of Personal Information
5. How Personal Information Are Used
We may use your Personal Information, Non-Personal Information or Aggregate Information collected from you in any one or more of the following ways to:
(1) provide advertising and promotional information in connection with the Applications;
(2) prevent fraud or potentially illegal, unethical or legally actionable activities, and enforce the relevant terms of service;
(3) notify you of new application releases or updates;
(4) operate, maintain and manage the Applications;
(5) provide to government or law enforcement officials to protect our rights and property as well as those of third party and protect the safety of the public or any person;
(6) solicit feedback and input to improve the Applications, including our websites, products and services and personalize your user experience, diagnose problems with our server and develop new product and services;
(7) communicate with you about the Applications;
(8) provide technical support and respond to user requests; or
(9) if you consent or do not object to our use of your Personal Information in direct marketing (please see further details in the “Use of Personal Information in Direct Marketing” section below), conduct direct marketing activities, such as sending you offers, promotions, rewards, discounts, events and benefits in relation to the Applications and products and services offered by our business partners or third party merchants.
6. Use of Personal Information in Direct Marketing
From time to time, we may conduct direct marketing of the Applications through email, direct mails, telemarketing, fax and/or other form of communication to you. We intend to use your Personal Information for direct marketing carried out by us or one of our business partners or third party merchants. For the purpose of direct marketing, we shall use your name (including surname and given name), residential address, telephone number, email address and other information, if any, that you provide to us for offers, promotions, rewards, discounts, events and benefits in relation to the Applications and products and services offered by our business partners or third party merchants. Please note that we may not use or provide your Personal Information to others for direct marketing purposes unless exempted by the relevant regulations or we have received your consent (which includes an indication of no objection). If you do not wish (i) any of your Personal Information to be used in any of the described direct marketing activities, or (ii) to receive from us (a) any promotional and direct marketing materials, (b) any particular types of promotional and direct marketing materials, and/or (c) such materials through any particular means of communication, you can at any time opt-out, free-of-charge, by contacting us at firstname.lastname@example.org, following the “opt-out” instructions contained in the relevant communications.
7. How Personal Information Are Shared
In general, we do not sell or rent your Personal Information to other third parties. Your Personal Information is only shared in the following circumstances:
Responses to User Submissions. We may send email and other communication to you relating to your User Submissions as part of the Applications. You agree that by posting such User Submissions, you may be receiving email and other communication from us that we determine in our sole discretion relate to your User Submissions.
Users’ profiles. We may display your user profile information including your username and other information entered by you (“User Submissions”) to other users to facilitate user interaction within the Applications.
Advertisers. You agree that any of the information we have collected from you (including information you may have decided not to show to other users) may be used by us to choose or allow the advertisers to choose the appropriate audience for their advertisements.
Corporate Restructuring. If we decide to dispose our assets, we may include users information as part of the business assets that are transferred to the buyer. At the same time, if we, or substantially all of our assets, were acquired, or in the unlikely event that we go out of business or enter bankruptcy, information of our users would be one of the assets that is transferred or acquired by a third party. Such transfers may occur, and your Personal Information may continue to be used by any of our purchasers or the purchasers of our assets.
Affiliated businesses that we do not control. A variety of businesses may become affiliated and work closely with us. Through the Applications, items may be sold to you by such affiliated businesses, and services or products may also be provided or sold to you by us jointly with such affiliated businesses. You can recognize when an affiliated business is associated with your transaction, and we may share your Personal Information that is related to such transactions with that affiliated business.
Other Disclosures. We may share Personal Information to fulfil the purpose for which you provided for, or any other purposed shared by us when you provide it or with your consent.
8. Policies Regarding Children Under The Age of 13
We do not intentionally gather Personal Data from users who are under the age of 13. If a child under 13 submits Personal Information to us and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Information from a child under 13, please contact us by email@example.com.
9. Linked Third Party Websites’ Privacy Policies
10. Your Options
If you have any questions, please contact us at firstname.lastname@example.org.
THIS WEBSITE IS FOR INFORMATION PURPOSES ONLY. IT IS INTENDED TO PROVIDE INFORMATION OF THE PRESCRIBED PROJECT(S). THE INFORMATION CONTAINED IN THIS WEBSITE ARE NOT EXHAUSTIVE AND DO NOT CONSTITUTE ANY CONTRACTUAL RELATIONSHIP AND SUBJECT TO UPDATE, WITHDRAW, REVISION OR AMENDMENT. NEITHER LABS NOR ANY OF ITS OFFICERS, DIRECTORS, ADVISORS, AGENTS, PARTNERS, REPRESENTATIVES, CONSULTANTS AND EMPLOYEES MAKE ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, OF ANY KIND RELATED TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED IN THIS WEBSITE. THIS WEBSITE DOES NOT CONSTITUTE A PROSPECTUS, OFFERING CIRCULAR, OFFERING MEMORANDUM OR AN OFFERING DOCUMENT OF ANY SORT. IN PARTICULAR NOTING CONTAINED IN THIS WEBSITE CONSTITUTES A SOLICITATION, RECOMMENDATION, ENDORSEMENT, OR OFFER TO BUY OR SELL ANY SECURITIES OR OTHER FINANCIAL INSTRUMENTS IN ANY JURISDICTION. YOU SHOULD CONSIDER ALL THE UNDERLINEING PROJECTION AND ASSUMPTION AND MAY NOT BE CORRECT NOR COMPREHENSIVE. NOTHING IN THIS WEBSITE CONSTITUTES PROFESSIONAL, LEGAL AND/OR FINANCIAL ADVICE, NOR CONSTITUTE COMPREHENSIVE OR COMPLETE STATEMENT OF THE PRESCRIBED PROJECT(S). LABS IS NOT LIABLE IF YOU ARE NOT LEGALLY ALLOWED TO ENTER THIS WEBSITE DUE TO ANY NATIONAL OR LOCAL LAWS. WE RESERVE THE RIGHT TO REJECT ANY USER ACCESS TO THIS WEBSITE THAT WE CONSIDER TO HAVE BREACHED ANY OF THE TERMS AS DETERMINED BY LABS IN ITS SOLE DISCRETION.
1. ACCESS TO THE APPLICATIONS
1.1. This Terms governs your access and use of the Applications and constitutes a binding agreement between you and LABS. You may access and use of the Applications for the purpose it is intended. You agree not to use the Applications for any other purpose, or to copy, reproduce, alter, modify or distribute the content of the Applications except as specifically permitted herein. We reserve all rights not granted herein.
1.2. We reserve the right, at our sole discretion, to add, change, modify or remove portions of the Terms in any way from time to time.
1.3. We will notify you of any modifications to the Terms by posting them on our website. You agree that you will periodically check our website for updates to the Terms. You agree that you will be considered to have been given notice of any modifications once we post them on our website and that your continued use of the Applications after such notice is posted shall be deemed your acceptance of the Terms as modified.
1.5. We reserve the right to suspend or discontinue the Applications or to modify the Applications’ content in any way and at any time without liability, and with or without notice to you.
1.6. We may also impose limitations on certain features and services or restrict your access to portions or all of the Applications without notice or liability.
1.7. You also agree to be bound by any application, forum, or specific rules published within the Applications.
1.8. Your use of the Applications is conditioned upon your compliance with the Terms. We reserve the right to terminate your access to the Applications without notice if you violate any of the Terms.
1.9. You represent and warrant that (i) you are not under the age of 18; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Applications and are fully responsible for the selection and use of and access to the Applications. The Terms are void where prohibited by law, and the right to access the Applications is revoked in such jurisdictions.
2. YOUR OBLIGATIONS
2.1. Unless specified otherwise, we offer you access to the Applications solely for your personal and non-commercial uses. You agree to access or use of the Applications only for legal purposes that are permitted by this Terms. To comply with legal obligations, we reserve the right to take action, with or without advance notice, if we believe you have violated the Terms. This may include: terminating your access to or use of the Applications; limiting or disabling your access to or use of the Applications; and/or taking other actions we deem necessary in our sole discretion.
2.2. You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Applications. You also agree that you will not:
(i) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another webpage, use on any other webpage, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Applications, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
(ii) damage, disable, overburden, or impair the Applications or interfere with any other party’s use and enjoyment of the Applications;
(iv) promote your own professional services, particularly in the case of real estate agents, brokers, salespersons, and other professionals;
(vi) access the Applications from a different blockchain address if we’ve blocked any of your other blockchain addresses from accessing the Applications;
(vii) use the Applications in a way that could damage, disable, overburden, or impair the functioning of the Applications in any manner;
(viii) bypass or ignore instructions that control access to the Applications;
(ix) use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Applications, extract data, or otherwise interfere with or modify the rendering of Applications pages or functionality;
(x) reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Applications, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Applications;
(xi) attempt to circumvent any of your fees;
(xii) use the Applications or data collected from our Applications for any advertising or direct marketing activity;
(xiii) use the Applications for money laundering, terrorist financing, or other illegal finance activity;
(xiv) use the Applications to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
(xv) use the Applications to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
(xvi) infringe or violate the intellectual property rights or any other rights of others;
(xvii) create or display illegal content, such as content that may involve child sexual exploitation;
(xviii) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
(xix) directly or indirectly decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Application;
(xx) modify translate, or otherwise create derivative works of any part of the Applications;
(xxi) use the Applications for any illegal or unauthorized purpose; and
(xxii) use the Applications in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Applications.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
3.1. Unless otherwise specified in writing, all materials that are part of the Applications (including without limitation any artwork, audio-visual effects, computer code, concepts, dialogue, documentation, graphics, illustrations, images, methods of operation, moral rights, objects, photographs, sounds, text and themes) are owned, controlled or licensed by us and are protected by law from unauthorised use. All contents of the Applications are protected by international copyright laws. “LABS” and all names and logos of Applications published by us are trademarks owned by us and may not be used without our express written consent. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Applications. All trademarks not owned by us that appear in the Applications are their respective owners’ property, who may or may not be affiliated with, connected to, or sponsored by us.
3.2. You do not acquire any of our ownership rights by using the Applications, downloading material from or uploading material to the Applications therein.
3.3. You shall comply with all trademark rules, copyright notices, information and restrictions contained in any content accessed through the Applications. You agree not to broadcast, copy, create derivative works based on, display, license, modify, participate in the transfer or sale of, perform, publish, redistribute, reproduce, translate, transmit, upload or otherwise exploit for any purposes whatsoever any content or material from the Applications, except as expressly permitted herein, without our express prior written consent.
4. PROTECTION OF PERSONAL INFORMATION
5. DISCLAIMER OF WARRANTIES
WE HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER OR DUTY TO TAKE ANY ACTION REGARDING: HOW YOU MAY INTERPRET, USE OR BE AFFECTED BY THE APPLICATIONS OR THE CONTENT ACCESSED THEREIN; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE APPLICATIONS. YOU HEREBY RELEASE US FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED ANY CONTENT THROUGH THE APPLICATIONS. THE APPLICATIONS MAY CONTAIN, OR DIRECT YOU TO WEBSITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE APPLICATIONS, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE OR LEGALITY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE APPLICATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE APPLICATIONS IS AT YOUR SOLE RISK. THE APPLICATIONS ARE PROVIDED ON AN “AS IS” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE ARE NOT LIABLE FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. WE PROVIDE THE APPLICATIONS ON A COMMERCIALLY REASONABLE BASIS AND DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATIONS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE APPLICATIONS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “OUR PARTIES”) WARRANT THAT THE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO THE SUBJECT MATTER OF THE TERMS AND THE USE OF, OR INABILITY TO USE, THE APPLICATIONS UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY AND THAT OUR PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE APPLICATIONS.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT OUR PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD OUR PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE APPLICATIONS AND OPERATORS OF EXTERNAL WEBSITES, AND THAT THE RISK OF THE APPLICATIONS AND EXTERNAL WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
WHILE WE USE COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, WE ASSUME NO LIABILITY FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOOD OR SERVICES, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, AND ANY MATTER BEYOND OUR REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION ANY DAMAGE YOU MAY SUFFER BY USING THE APPLICATIONS WHILE OPERATING A MOTOR VEHICLE, IN VIOLATION OF THE TERMS, ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, PANDEMIC, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS), WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING THE APPLICATIONS, CONTENT, SOFTWARE TO YOUR DIGITAL DEVICE.
SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, OUR PARTIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPICABLE LAW IN SUCH JURISDICTIONS. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY OUR NEGLIGENCE OR FRAUD. WE ALSO DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH US AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7.1. Upon our request, you agree to defend, indemnify and hold Our Parties, their licensors, contractors, vendors, content providers, and professional advisors harmless (including, without limitation, all damages, liabilities, settlements and expenses, including attorneys’ fees and costs) from any claim or demand made by any third party arising out of your use or misuse of the Applications, your violation of any term, condition, obligation, representation or warranty in the Terms for which you are responsible, in connection with your distribution of any User Content on or through the Applications, or your infringement of any intellectual property or other rights of any person or entity. Without limiting the generality of the foregoing, you agree to indemnify and hold Our Parties harmless for any improper or illegal use of your account, including the illegal or improper use of your account by someone to whom you have given permission to use. You agree that you will be personally responsible for your use of the Applications and for all of your communication and activity on or through the Applications and that you will indemnify and hold harmless Our Parties from any liability or damages arising from your conduct on the Applications.
7.2. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You acknowledge and agree that the provisions in this Section shall survive any termination of your account(s), the Applications or the Terms.
8. FEES AND PAYMENT
8.1. All applicable fees in relation to the Applications selected by you, shall be paid by you. We reserve our rights to adjust our price list for the Applications and to charge new fees at any time. Your use of the Applications deemed your acceptance of such new or increased charges. Some of our Applications are free to our users, and we reserve our rights to require payment of fees for certain or all parts of such Applications.
9. THIRD PARTY SERVICES AND WEBSITES
9.1. The Applications may contain links to third party services or websites that we do not own or control. When you access third party services or websites, you do so at your own risk. We have no control over, and are not responsible for, the content, accuracy, privacy policies, or practices of or opinions expressed in any such third party services or websites, and we will not and cannot monitor, verify, censor or edit the content of any third party services or websites. You hereby represent and warrant that, in addition to your obligations under the Terms, you have read and agreed to be bound by all applicable agreements and/or policies of any third party services or websites relating to your use of the Applications and that you will act in accordance with them.
9.2. By using and accessing to the Applications, you expressly release us and hold us harmless from any and all liability arising from your use of any third party services or websites. You are solely responsible for your dealings with organizations and/or individuals found on or through the Applications and any other terms, conditions, warranties or representations associated with such dealings. You hereby acknowledge that we shall not be responsible or liable for any loss or damage incurred as a result of any such dealings, and we have no obligation to be involved in any disputes between you and such third party. You further acknowledge that if you have a dispute with other users, you shall release us, our officers, directors, employees, agents, and successors in rights from damages (actual and consequential), claims and demands of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.
10.1 The Terms shall remain effective while the Applications are being used by you. Your use of the Applications may be terminated at any time by uninstalling them from your digital device(s). We may terminate or suspend your use or access to any and all Applications immediately, without prior notice or liability, (i) if you breach any of the terms or conditions of the Terms; or (ii) for whatever reason or for no reason, which may result in the forfeiture and destruction of all information associated with your use of the Applications. Any fees already paid by you hereunder are non-refundable. Upon termination of your account, you no longer have the right to use or access to the Applications. Any and all provisions or obligations contained in the Terms which by their nature or effect are required or intended to be observed or performed after termination of the Terms will survive its expiration or termination and remain binding upon and for the benefit of the parties, their successors and permitted assigns.
12. DISPUTE RESOLUTION
12.1. If a dispute arises between you and us, we shall provide you with a neutral and cost effective means of resolving the dispute quickly. Therefore, both we and you agree that we will resolve any dispute, claim or controversy at law or equity that arises out of the Terms or the Applications (a “Dispute”) in accordance with this Section or as we and you otherwise agree in writing.
12.2. The Terms and all aspects of the Applications shall be governed by and construed in accordance with the laws of Singapore (excluding principles relating to the conflict of laws) regardless of your location.
12.3. You acknowledge that the rights granted and obligations made hereunder to us are of a unique and irreplaceable nature, the loss of which will cause us irreparable harm and which cannot be readily remedied in monetary damages in an action at law. Accordingly, any breach or anticipatory breach by you shall entitle us, in addition to any claim or award for damages, injunctive relief and other equitable remedies (without the obligations of posting any bond or surety or proof of damages), costs, and reasonable attorney’s fees. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
12.4. To expedite resolution and control the cost of any Dispute, we and you agree to first attempt to negotiate any Dispute informally for at least thirty (30) calendar days before initiating any arbitration proceeding. Such informal negotiations commence upon written notice from one party to the other. You will send your notice to email@example.com.
12.5. If we and you are unable to resolve a Dispute through informal negotiations, either party may elect to have the Dispute finally and exclusively resolved by binding arbitration under the Arbitration Rules of Singapore International Arbitration Centre, which Rules are deemed to be incorporated by reference into this Section. Any election to arbitrate by one party shall be final and binding on the other. The place of arbitration shall be in Singapore at the Singapore International Arbitration Centre. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. We and you shall be bound by the award rendered by the arbitrator and judgment thereon may be entered in any court of competent jurisdiction. Any award rendered by the arbitrator shall be final, and neither we nor you shall have any right of appeal.
13.1. We make no representation that the Applications are appropriate or available in your country. The information provided through the Applications is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be prohibited by law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Applications from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
13.2. No failure on our part to exercise or to enforce any right given under the Terms or at law or any of our custom or practice at variance with the terms of the Terms will constitute a waiver of our rights under the Terms or operate so as to prevent the exercise or enforcement of any such right at any time. No right, power or remedy in the Terms conferred upon or reserved for us is exclusive of any other right, power or remedy available to us.
13.3. If any provision of the Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.
13.5. Your use of the Applications includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into in or through the Applications.
13.6. The Terms, any supplemental policies and any documents expressly incorporated by reference herein, contain the entire understanding between you and us, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Applications, and cannot be changed or modified by you except as we posted on the relevant website.
13.7. The section headings used herein are for reference only and shall not be read to have any legal effect.
13.8. Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with the Terms.
13.9. If you have any question, please contact us at firstname.lastname@example.org.