1. Acceptance of Terms
sgBEAT provides mobile and internet communication services to you, subject to the following Terms of Service ("Terms"), which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at: http://sgBEAT.com/about/terms/.
2. Description of Service
sgBEAT currently provides users with access to a number of mobile and internet communications services ("Services"). In order to use the Services, you must subscribe to mobile and internet service providers, and pay any service fees associated with such subscription.
3. Registration Obligations
In consideration of use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or sgBEAT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, sgBEAT has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You also understand and agree that the Services may include certain communications from sgBEAT, such as service announcements and administrative messages, and that these communications are considered part of the Services and you will not be able to opt out of receiving them.
5. Member Conduct
You understand that all information, data, text, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
This means that you, and not sgBEAT, are entirely responsible for all Content that you upload, post or otherwise transmit via the Services.
sgBEAT does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (d) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (e) harm minors in any way; (f) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; (h) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (i) intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; (j) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
6. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
7. Content Transmitted To and From sgBEAT
You acknowledge that sgBEAT does not pre-screen Content, but that sgBEAT shall have the right in their sole discretion to refuse or remove any Content that is available via the Services.
Without limiting the foregoing, sgBEAT shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree to indemnify and hold sgBEAT, and its subsidiaries and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Services, your connection to the Services, your violation of the Terms, or your violation of any rights of another.
9. No Resale of Services
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services.
10. Modifications to Service
sgBEAT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that sgBEAT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You agree that sgBEAT, in its sole discretion, may terminate your account or your use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if sgBEAT believes that you have violated or acted inconsistently with the letter or spirit of the Terms.
sgBEAT may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice.
You agree that any termination of your access to the Services under any provision of this Terms may be effected without prior notice. Further, you agree that sgBEAT shall not be liable to you or any third-party for any termination of your access to the Services.
12. Advertisements and Promotions
sgBEAT currently, without limitation, does not run advertisements and promotions on user's pages. By registering with sgBEAT, you agree that sgBEAT has the right to run such advertisements and promotions.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources.
Because sgBEAT has no control over such sites and resources, you acknowledge and agree that sgBEAT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that sgBEAT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. Proprietary Rights
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by sgBEAT or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. sgBEAT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) sgBEAT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM sgBEAT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT sgBEAT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18. Special Admonition for Services Relating to Financial Matters
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Services concerning, but not limited to, companies, stock quotes, investments or securities, please read the above Sections 15 and 16 again. The Services is provided for informational purposes only, and no Content included in the Services is intended for trading or investing purposes.
sgBEAT shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Services, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Services may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Services.
sgBEAT respects the intellectual property rights of others and we ask our users to do the same.
21. General Information
The Terms constitute the entire agreement between you and sgBEAT and govern your use of the Services, superceding any prior agreements between you and sgBEAT (including, but not limited to, any prior versions of the Terms).
You also may be subject to additional terms and conditions that may apply when you use affiliate or other sgBEAT services, third-party content or third-party software.
The Terms and the relationship between you and sgBEAT shall be governed by the laws of the Republic of Singapore without regard to its conflict of law provisions. You and sgBEAT agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Singapore.
The failure of sgBEAT to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.