Arbotist - Terms Of Use

1. ACCEPTANCE OF TERMS


By accessing and using the Website in any way (including all related sites, services and tools), you agree to the following terms, including those available by hyperlink, without limitation or qualification. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue use of the Website. ARBOTIST has the right, but is not obligated, to strictly enforce the Terms of Use through self-help, mediation, active investigation, litigation and prosecution.


2. MODIFICATIONS TO THIS AGREEMENT


These terms of use may, at our sole discretion, be changed, modified or otherwise altered at any time without specific notice to you. Such modifications shall become effective immediately upon the posting thereof. The latest Terms of Use will be posted on the Website, and you should always review the Terms of Use prior to using the Website to ensure that you have a current understanding of the terms of use under which you are permitted to access this Website.


3. MINORS


The Website is not intended for use by children or minors under the age of 18 years without permission of a parent or guardian. By accessing and using the Website, you confirm that you are not under the age of 18 years or that you have the permission of a parent or guardian and the said parent or guardian has agreed to assume fully your obligations under the Terms of Use as if the obligations are owed by the said parent or guardian.


4. CONTENT


The contents in the website were for your information & viewing only. By accessing the contents, photos, images, videos or 3rd party links, you agreed to comply with the Privacy Policy as well as Terms Of Use of ARBOTIST PTE. LTD. and will take no actions including legal.


5. NOTIFICATION OF CLAIMS OF INFRINGEMENT AND GENERAL COMPLAINTS POLICY


If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please Contact Us.


In your correspondence notifying us of such infringement, please provide us with the following information:

a. Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the website;

b. A statement by you that you have a good faith belief that the disputed use is not authorized by the proprietor, its agent, or the law;

c. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the proprietor of the intellectual property involved or that you are authorized to act on behalf of that proprietor;

d. Your address, telephone number, and email address; and

e. your agreement to indemnify us against any claims or demands against ARBOTIST as a result of any action taken by ARBOTIST on such notification by you.


If you believe in good faith that any content on the Website may be otherwise prejudicial to you, you may also Contact Us. In your correspondence notifying us of such complaint, please identify the material on the Website which is the subject of the Complaint with enough detail so that we may locate it on the website and indicate the manner in which the content is prejudicial to you.


The decision to take down or remove any photos, images or any contents is entirely at our discretion and we are not obliged to investigate any complaint of infringement as set out in your notification.


6. PRIVACY AND INFORMATION DISCLOSURE


By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. Before using this Website please read through all these documents carefully. The Privacy Policy may be found here. All personal data provided to us as a result of your use of this Website will be handled in accordance with our Privacy Policy.


We reserves the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.


You further acknowledge and agree that ARBOTIST may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of ARBOTIST, its users or the general public.


7. CONDUCT


In using the Website, you undertake NOT to

- Violate any laws, third party rights, the Terms of Use or any other policies of ARBOTIST in respect of the use of the Website;

- Provide false personal information to ARBOTIST;

- Engage in any unlawful, misleading, malicious or discriminatory activity;

- Copy, modify, or distribute content without the necessary consent;

- Attempt to gain unauthorized access to ARBOTIST's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website; and

- Use any form of automated device or computer program that enables the submission to contact us on the Website without each submission being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit in bulk, or for automatic submission at regular intervals.


8. NO SPAM POLICY


The sending of unsolicited emails for a commercial purpose to email addresses of users of the Website or through ARBOTIST's computer systems and the use of dictionary attack and address harvesting software in breach of the Spam Control Act (cap. 311A), is expressly prohibited by the Terms of Use.


Any unauthorized use of ARBOTIST's computer systems is a violation of the Terms of Use and may be in violation of statutory laws, including without limitation the Computer Misuse Act (cap. 50A). Such violations may subject the sender and his or her agents to civil and criminal penalties.


9. ACCESS TO THE SERVICE


ARBOTIST grants you a limited, revocable, nonexclusive license to access the Website for your own personal use. This license does not include: (a) access to the Website by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Website nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by ARBOTIST. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Website.


Use of the Service beyond the scope of authorized access granted to you by ARBOTIST immediately terminates said permission or license.


10. PROPRIETARY RIGHTS


Unless otherwise indicated, the Website and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website ("ARBOTIST's Proprietary Content") are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of Singapore, and all ARBOTIST's Proprietary Content and intellectual property rights therein are the property of ARBOTIST or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. ALL RIGHTS RESERVED.


The posting of any such elements on the Website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Website. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, reverse engineered or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.


Permission is hereby granted to the extent necessary to lawfully access and use the Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the Website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.


Although ARBOTIST does not claim ownership of Content that its users submitted, by submitting Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to ARBOTIST an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses of the foregoing.


11. DISCLAIMER OF WARRANTIES


YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.


WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL CONDITIONS AND WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED CONDITIONS AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE.


WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THE WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. WE DO NOT MAKE ANY WARRANTIES ON THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE.


YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.


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 (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on the Website or any website with which it is linked.


12. LIMITATIONS OF LIABILITY


UNDER NO CIRCUMSTANCES SHALL ARBOTIST BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ARBOTIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY MEETING UP WITH OTHER USERS OF THE WEBSITE IN PERSON. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.


THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.


13. INDEMNITY


You agree to indemnify and hold ARBOTIST, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Website, your use of the website, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.


14. GENERAL INFORMATION


The Terms of Use constitute the entire agreement between you and ARBOTIST and govern your use of the Website, superseding any prior agreements between you and ARBOTIST, and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.


The Terms of Use and the relationship between you and ARBOTIST shall be subject to, governed by and construed under the laws of Singapore. You and ARBOTIST agree to submit to the exclusive jurisdiction of the courts of Singapore.


The failure of ARBOTIST to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. A waiver of any right under the Terms of Use on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion.


If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.