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1.
By accessing this website (including extensions thereof) you
are entering into this Terms of Use Agreement (“ToU”) with
Aquarius Soft Pte Ltd., and you agree to be bound by the terms
of this ToU. This ToU includes the terms and conditions set forth
herein, Aquarius Soft Pte Ltd’s Privacy Policy (which is
available at
http://www.aquariussoft.com/privacy.asp and incorporated herein
by reference) and any other terms incorporated by reference herein.
If you do not agree to the terms of this ToU, you must immediately
stop use of this website. If you remain on this website, you agree
to be bound by this ToU. YOU MUST BE AT LEAST 13 YEARS OLD TO USE
THE SERVICES. IF YOU ARE UNDER THE AGE OF 13, USE OF THIS SITE AND
THE SERVICES IS PROHIBITED.
2.
Copyright
Notice. © Aquarius
Soft Pte Ltd All rights reserved.
3.
If we request registration information from you, you will
provide us with true, accurate, current, and complete information.
You will promptly update your registration to keep it accurate,
current, and complete. If we issue you a password, you may not
reveal it to anyone else. You may not use anyone else's password.
You are responsible for maintaining the confidentiality of your
accounts and passwords. You agree to immediately notify us of any
unauthorized use of your passwords or accounts or any other breach
of security. You also agree to log-out from your accounts at the end
of each session. We will not be responsible for any loss or damage
that may result if you fail to comply with these requirements.
The technology and the software
underlying our sites and the Services are the property of
Aquarius Soft Pte Ltd, our affiliates, and our partners. You
agree not to copy, modify, rent, lease, loan, sell, assign,
distribute, reverse engineer, grant a security interest in, or
otherwise transfer any right to the technology or software
underlying our sites or the Services. You agree not to modify the
software underlying our sites in any manner or form or to use
modified versions of such software, including, without limitation,
for the purpose of obtaining unauthorized access to our sites.
Without limiting the foregoing, you
agree that you will not use our sites to take any of the following
actions:
-
Defame, abuse, harass, stalk, threaten, or otherwise violate the
legal right of others;
-
Publish, post, upload, e-mail, distribute, or disseminate
(collectively, "Transmit") any inappropriate, profane,
defamatory, infringing, obscene, indecent, or unlawful content;
-
Transmit files that contain viruses, corrupted files, or any
other similar software or programs that may damage or adversely
affect the operation of another person's computer, our sites,
any software or hardware, or telecommunications equipment;
-
Advertise or offer to sell any goods or services for any
commercial purpose unless you have our written consent to do so;
-
Transmit surveys, contests, pyramid schemes, spam, unsolicited
advertising or promotional materials, or chain letters;
-
Download any file that you know or reasonably should know cannot
be legally obtained in such manner;
-
Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or
the source of software or other material;
-
Restrict or inhibit any other user from using and enjoying any
public area within our sites;
-
Interfere with or disrupt our sites, servers, or networks;
-
Impersonate any person or entity, including, but not limited to,
a Aquarius Soft Pte Ltd
representative, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
-
Forge headers or manipulate identifiers or other data in order
to disguise the origin of any content transmitted through our
sites or to manipulate your presence on our sites;
-
Take any action that imposes an unreasonably or
disproportionately large load on our infrastructure; or
-
Engage in any illegal activities.
You agree to use our bulletin board
services, chat areas, news groups, forums, communities and/or
message or communication facilities (collectively, the "Forums")
only to send and receive messages and material that are proper and
related to that particular Forum.
If you choose a username that, in our
sole discretion, is obscene, indecent, abusive or that might
otherwise subject us to public disparagement or scorn, we reserve
the right, without prior notice to you, to automatically change your
username, delete your posts from our sites, deny you access to our
sites, or any combination of these options.
4.
Unauthorized access to our sites is a breach of these Terms
and a violation of the law. You agree not to access our sites by any
means other than through the interface that is provided by
Aquarius Soft Pte Ltd for use in accessing our sites. You agree
not to use any automated means, including, without limitation,
agents, robots, scripts, or spiders, to access, monitor, or copy any
part of our sites, except those automated means that we have
approved in advance and in writing.
5.
Limited license to copy all documents and related graphics
from this website is granted subject to the following:
a.
The materials provided herein are for personal, non-commercial use
only;
b.
Any copies of documents contained on this website or portions
thereof must include the above copyright notice,
c.
You may not copy or print more than one copy of material posted on
this website. Documents published on this website may contain other
proprietary notices or describe products, services, processes or
technologies owned by
Aquarius Soft Pte Ltd
or third parties. Except as expressly set forth herein, nothing
contained herein shall be construed as granting to the user a
license under any copyright, trademark, patent or other intellectual
property right of Aquarius
Soft Pte Ltd
or any third party. Except as expressly granted under this
Agreement, all rights are reserved by
Aquarius Soft Pte Ltd;
and
d.
You may not display this website for commercial purpose without the
prior express written consent of
Aquarius Soft Pte Ltd.
You may not use Aquarius
Soft Pte Ltd’s
name or trademarks without the prior express written consent of
Aquarius Soft Pte Ltd.
You may not link to this website, without
Aquarius Soft Pte Ltd’s
prior consent, which consent may be withdrawn by
Aquarius Soft Pte Ltd
at any time, with or without notice, in
Aquarius Soft Pte Ltd’s
sole discretion.
6.
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK
FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. Aquarius
Soft Pte Ltd ASSUMES NO RESPONSIBILITY FOR THE ACCURACY,
COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR OTHER
PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR
ACCESSED FROM THIS WEBSITE. IN NO EVENT SHALL Aquarius Soft Pte
Ltd OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT
LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN
CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE, (B) ANY
INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON,
DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS
WEBSITE, (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A
THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED
AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON
OR IN CONNECTION WITH THIS WEBSITE, OR (D) THE INTERNET GENERALLY,
OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT;
WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR
OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER
Aquarius Soft Pte Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
7.
Any material on this website may include technical or other
inaccuracies or typographical errors. THIS WEBSITE IS MADE AVAILABLE
TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND
WITHOUT ANY REPRESENTATIONS OR GUARANTEES. Aquarius Soft Pte Ltd
AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS
AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, (A) NEITHER Aquarius Soft Pte Ltd NOR ITS
AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR
THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT
ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS
WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (B) NEITHER
Aquarius Soft Pte Ltd NOR ITS AFFILIATES MAKES ANY
REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE
OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE,
(2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A
RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, OR
OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED,
DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING, WITHOUT
LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS
OR SERVICES OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER
INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, (4)
THE INTERNET GENERALLY, OR (5) THAT BY USING THE Aquarius Soft
Pte Ltd SERVICES DATA WILL NOT BE LOST. IN THE EVENT OF ANY
CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR
PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
8.
Reference herein to any products, services, processes,
hypertext links to third parties or other information by trade name,
trademark, manufacturer, supplier or otherwise does not constitute
or imply its endorsement, sponsorship or recommendation by
Aquarius Soft Pte Ltd. Product and service information is the
sole responsibility of each individual vendor. Aquarius Soft Pte
Ltd makes no representations whatsoever concerning (a) the
information or other material appearing on, or accessible through
any promotional websites, (b) any products or services advertised or
sold through a promotional website (including, without limitation,
the quality, safety and legality of such products or services or the
sale thereof), or (c) the sellers of any products or services
advertised or sold on or through any promotional website.
9.
Aquarius Soft Pte
Ltd reserves the right to
change any of the terms of this ToU (including, without limitation,
any terms, policies or notices incorporated herein by reference)
without prior notice. You agree to visit this web page (or such
other page accessible by clicking on the ToU link in the footer of
this website) periodically to be aware of and review any such
changes. Changes to this Agreement will be effective upon posting.
By continuing to use this website after changes are posted, you
accept the changes and agree to them.
10.
You and Aquarius Soft Pte Ltd agree
a.
the substantive laws of the Singapore, without reference to
its principles of conflicts of laws, will be applied to govern,
construe and enforce all of the rights and duties of the parties
arising from or relating in any way to the subject matter of this
Agreement;
b.
CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE
IN A COURT LOCATED IN SINGAPORE, FOR ANY SUITS OR CAUSES OF ACTION
CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER
OF THIS AGREEMENT OR TO THIS WEBSITE;
c.
except as otherwise required by law, any cause of action or
claim you may have with respect to this website must be commenced
within one (1) year after the claim or cause of action arises or
such claim or cause of action is barred;
d.
if any portion of this ToU is ruled invalid or otherwise
unenforceable, it shall be deemed amended in order to achieve as
closely as possible the same effect as originally drafted;
e.
no waiver of any breach of any agreement or provision of this
ToU, nor any failure to assert any right or privilege contained in
this ToU, shall be deemed a waiver of any preceding or succeeding
breach of any agreement or provision;
f.
this ToU (including all policies, notices and other terms
incorporated into this ToU by reference) constitutes the entire
agreement between you and Aquarius Soft Pte Ltd with respect
to the subject matter hereto and supersedes any and all prior or
contemporaneous agreements whether written or oral; and
g.
this ToU may be revised only by Aquarius Soft Pte Ltd
in its sole discretion, and such amendment or revision shall not
require consent by you to become effective. |