Terms and Conditions
BEFORE USING THIS SERVICE, PLEASE GO THROUGH THE USE OF CAREFULLY TERMS AND CONDITIONS.
1. Acceptance of Agreement: The terms and conditions featured in this Terms and Conditions of use Agreement (Agreement) related to our Service are agreed by you. This Agreement represents the complete and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings related to the Service, free product samples, the content, or freebie offers or services provided by or listed on the Service, and the subject matter of this Agreement. We can amend the Agreement any time and at any frequency without informing or specific notice to you. The latest Agreement will be posted on the Website that can be reviewed by you prior to using the Website. This Agreement may be amended by us at any time and at any frequency without specific notice to you.
2. Copyright. The organization, content, design, graphics, and other materials related to this Service are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. Without our prior written permission, the copying, reproduction, use, modification or publication of full or part of any such matters or any part of the Service by you is strictly prohibited.
3. Deleting and Modification. We reserve the right in our sole discretion, to edit or delete any documents, information or other content appearing on the Service, including this Agreement without any notice requirement or obligation to you.
4.3 You hereby irrevocably and unconditionally assign to us (by way of present assignment of present and future copyright) and in perpetuity all rights of any nature in and to your Content (including, without limitation, intellectual property rights) throughout the world including all renewals and reversions thereof. You hereby agree to waive all rights known as “droit moral” or moral rights and any similar rights of authors anywhere in the world (whether now existing or hereafter created) in your Content. You agree, in such, circumstances, that you are not entitled to any compensation from us or any of our associated companies.
4.5 We may aggregate all or any portion of the Content and any information associated with the Content or your use of the Websites and the Services (collectively, “Aggregated Data”). We shall own exclusive rights, including without limitation all intellectual property rights in and to the Aggregated Data and shall be entitled to the unrestricted use and sharing of the Aggregated Data for any purpose, commercial or otherwise, subject to compliance with applicable data protection and privacy law.
4.6 Content (excluding account information, payment information, and other similar information) will not be treated as confidential, unless required by applicable law.
4.7 You are prohibited from transmitting to or submitting via the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred or otherwise objectionable, discriminatory, degrading, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience or have the effect of being harassing; or
(b) for which you have not obtained any necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in, Singapore or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.8 You must not misuse the Website (including, without limitation, by hacking). You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorised purpose without our prior express written agreement. You agree that you will not use any device software or routine to interfere or attempt to interfere with the proper working of the Website. We shall be entitled fully to co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone acting in breach of these Terms.
4.9 The Website must be used only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by any third party.
4.10 You must not use the Website to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation or relationship with any person or entity or disguise the origin of any Content.
4.11 We reserve the right to monitor, suspend, restrict or terminate your access to the Website at any time without notice at our discretion.
4.12 The Terms automatically apply to the use of any forum we may include on the Website.
4.13 Whilst we endeavour to publish up-to-date information on the Website, the information may nevertheless become out of date over time. To the extent permitted by all relevant laws, no liability is accepted by us or any of our affiliates for any inaccuracy or incompleteness of the Website or for the failure to update the information contained on the Website.
4.14 We may display advertisements and promotions from third parties in the Website or may otherwise provide information about or links to third-party products or services on the Websites (“Third-Party Content”). Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We do not independently verify Third-Party Content, make no representation as to its accuracy, and assume no responsibility or accept any liability (to the extent permitted by any applicable law) for your use of any Third-Party Content and any consequences of that use, including, without limitation, any damages, injuries or results that may result from its use.
4.15 Any offers or promotions made available to you via the Website are subject to availability and may be subject to further conditions including, without limitation, conditions in respect of goods and services the provision of which are subject to age restrictions.
4.16 Submissions by visitors to the Website, including feedback data such as questions, comments, suggestions regarding the content of the material on the Website shall be deemed to be non-confidential and in the public domain. We shall have no obligation of any kind with respect to such submission and, by submitting any such feedback, information, data or any material whatsoever, you hereby consent that we or any of our affiliates shall be free to reproduce, use, disclose, and distribute the information that such submissions contain to others without limitation. Potential uses may include, without limitation, use of ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, such as, for example but not by way of limitation, all forms of communication to the public (in all technological mediums whether now known or as may be developed in the future), rental or lending, developing, manufacturing and marketing products incorporating such information.
5.1 By transmitting, or submitting any Content via the Website you:
(b) warrant all information provided by you to IMG is true, accurate and up to date in all respects;
(c) warrant your contribution is your own original work and you have the right to submit it and assign to IMG all rights in it and it will not infringe the rights of any third party or breach any laws; and
(d) irrevocably waive any moral rights in your submission.
5.2 If you are under 18, you must ask your parents or a guardian before you:
(a) E-mail the Website, or ask us to e-mail anything to you;
(b) Send any information to us;
(c) Enter any content or game that requires information about you or offers a prize;
(d) Post any information on any bulletin board or enter any chat room;
(e) Buy anything online
By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or guardian.
5.3 You agree to indemnify, defend and hold us, our officers, our shareholders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Service.
6. Disclaimer. THE CONTENT, SERVICES, FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED THROUGH THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBWEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE WEBSITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS WEBSITE OR ANY WEBWEBSITE WITH WHICH IT IS LINKED.
7. Limits. We disclaim all responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document. We disclaim any form of the liability to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the Website.
8. Third-Party Website. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. For the content, accuracy or opinions expressed in such websites, we are not responsible, and we have also not investigated, monitored or checked for accuracy or completeness of such websites. Any linked website inclusion on our Website does not imply endorsement or approval of the linked website by us. This Website and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. You are acting at your own risk if you decide to leave our Website and access these third-party linked websites.
9. Third-Party Products and Services. Our Website may advertise third-party linked websites from which you may purchase or otherwise obtain certain freebie offerings, sample goods, or free trial services. It must be fully understood that we do not operate or control the free offerings, products, or services offered by third-party linked websites. The responsibility solely lies with the third-party linked websites for all aspects of order processing, billing fulfillment, and customer services. For any transactions entered into between you and third-party linked websites we are not a party to it. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other website linked to or from our Website.
10. General. The Service and this Agreement shall be subject to and governed by the laws of the People’s Republic of China. In the event that any dispute arises under this agreement which cannot be resolved between the parties, such dispute shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration. The place of arbitration shall be in Beijing.