Terms of Use
- Ownership of Site; Agreement to Terms of Use
- These Terms and Conditions of Use (the “TOU”) apply to the 8flo web site located at www.8flo.com. These TOU only apply to the 8flo web site, and not to any other web site or any offline activities by 8flo (unless specifically stated).). The 8flo web site is the property of 8flo Pte Ltd (“8flo”) and its licensors. You agree to these TOU by accessing or using the Web Sites, registering for services offered on the Web Sites, or by accepting, uploading, submitting or downloading any information or content from or to the Web Sites. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOU, DO NOT USE THE WEB SITES.
- 8flo reserves the right, at its sole discretion, to change, modify, add or remove portions of these TOU, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, 8flo grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
- Content
- The 8flo web site contains copyrighted material, trademarks and other proprietary information. 8flo owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Except as expressly provided in these TOU or as expressly permitted under copyright law, no part of the 8flo web site or its contents, including but not limited to articles, newsletters, graphical images, interactive applications, audio and video material, compilations of material, and the user interface (collectively the "Content") may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without 8flo’s express prior written consent. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
- Permission to use 8flo content is granted on a case-by-case basis. Please email inquiries to our syndication department.
- Third Party Content
- 8flo distributes content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the 8flo web site, are those of the respective author(s) or distributor(s) and not of 8flo. Neither 8flo nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
- In many instances, the content available through the 8flo web site represents the opinions and judgments of the respective user or information provider not under contract with 8flo. 8flo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the 8flo web site by any third party. Under no circumstances will 8flo be liable for any loss or damage caused by your use or reliance on information obtained through the 8flo web site. 8flo is not responsible for any actions or inaction on your part based on the information that is presented on the 8flo web site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the 8flo web site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
- User Conduct
- You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. 8flo reserves the right to bar any such activity.
- You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any 8flo server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other means.
- You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of 8flo, including any 8flo user account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or 8flo’s systems or networks, or any systems or networks connected to the Site or to 8flo.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to 8flo on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You may not disrupt the normal flow of dialogue or negatively affect other users' ability to engage in exchanges through actions such as, but not limited to, flooding, excessively long titles and disruptive formatting.
- You may not stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another person through the use of this web site.
- You may not use or attempt to use another's information, account, password, service or system except as expressly permitted.
- You may not solicit or collect personal data including telephone numbers, addresses, last names, or email addresses, about other users of this web site.
- You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of 8flo or others.
- User Participation
- Registration may be required for the use of certain portions of the web site (e.g., e-mail, newsletters, contests, specialized content downloads etc.). In some instances, these TOU and separate end user license agreements or terms of use that set forth additional conditions may apply to a service or product offered via the Web Sites. To the extent there is a conflict between these TOU and the terms of any applicable end user license or similar agreement, the end user license or similar agreement will control, unless the additional conditions expressly state that these TOU will control. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these TOU will control. Registration data and certain other information about you are subject to the privacy policy posted at the web page on which you are providing your registration information. Please read that privacy policy for information on how your data will be handled.
- If you choose to provide information to the web site, you agree to provide only true, accurate, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer, cell phone (or other internet access device, as applicable) so that others may not access any password-protected portion of the web sites using your name, user name or password in whole or in part.
- You may post material to message boards, forums and other interactive areas of the Site. However, you may not post any material that (1) is defamatory, libelous, obscene, indecent, abusive or threatening to others; (2) infringes the copyright, trademark or other right of any third party; (3) uploads viruses or other contaminating or destructive features; (4) is commercial in nature; or (5) is in violation of any applicable laws or regulations. You are solely responsible for ensuring that any material you post complies with the foregoing conditions and will indemnify 8flo, its officers and employees from and against all claims, liabilities, judgments, damages and costs (including attorney's fees) which arise out of materials you have posted on the Site. If 8flo becomes aware of any material that it believes may violate the foregoing conditions, it may, at its sole discretion, modify or remove the material.
- You grant to 8flo the right to copy, publish, distribute, modify, translate and otherwise use in any medium any material that you place on the Site by any means, without compensation to you.
- Privacy
8flo’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view 8flo’s Privacy Policy, click here [add privacy policy]. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the 8flo web site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
- Links to Other Sites
The 8flo web site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under 8flo’s control, and 8flo is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
- Intellectual Property Infringement Claims
- 8flo respects the rights of all copyright holders and in this regard, 8flo has adopted and implemented a policy that provides for the termination in appropriate circumstances of users, account holders and third party content providers who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 8flo the following information, based on the requirements of the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512,
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Please email any notices of claimed copyright infringement to our legal department.
- Disclaimer of Warranties
THE 8FLO WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITES, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 8FLO AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE 8FLO WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE 8FLO WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE 8FLO WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE 8FLO WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE 8FLO WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE 8FLO WEB SITE OR ANY LINKED SITE. 8FLO DOES NOT WARRANT THAT THE 8FLO WEB SITE, ANY OF THE 8FLO WEB SITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE 8FLO WEB SITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8FLO DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE 8FLO WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, 8FLO SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE 8FLO WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE 8FLO WEB SITE OR THE CONTENT. FURTHER, 8FLO AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
8FLO, ITS SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE 8FLO WEB SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
- Disclaimers/Limitation of Liability
YOU UNDERSTAND AND AGREE THAT 8FLO LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE 8FLO WEB SITE AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL 8FLO, ITS SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE 8FLO WEB SITE OR THE CONTENT; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE 8FLO WEB SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY 8FLO OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE 8FLO WEB SITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE 8FLO WEB SITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE 8FLO WEB SITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THE 8FLO WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE 8FLO WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE 8FLO WEB SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF 8FLO’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY 8FLO AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY 8FLO WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING ANY OF THE WEB SITES, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
- Indemnity
You agree to defend, indemnify and hold harmless the Company Entities And Individuals with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with these TOU, including, without limitation: (a) your use of the 8flo Web Site; (b) your violation of these TOU or any law, rule or regulation; or (c) your use of the Content. You will cooperate as fully and reasonably as required by 8flo in the defense of any claim. Notwithstanding the foregoing, 8flo retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against 8flo herein under the terms and provisions of this Section and in no event shall you settle any such claim without 8flo’s prior written approval.
- Governing Law
THESE TOU AND THE INTERPRETATION OF THESE TOU SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH SINGAPORE LAWS AND YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE SINGAPORE COURTS.
- Termination
You understand and agree that 8flo will determine your compliance with these TOU in its sole discretion. 8flo reserves the right to deny access to all or part of the 8flo Web Site and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these TOU may be referred to law enforcement authorities. Upon termination of your user account or access to the 8flo Web Site, or upon demand by 8flo, you must destroy all materials obtained from the 8flo Web Site and all related documentation.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
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