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USER AGREEMENT FOR USE OF THE ORCHIDVILLE WEBSITE
Thank you for visiting the Orchidville website. Please review the following User Agreement carefully before using this website. Your access to this website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and any other notices displayed elsewhere on this website. Your use of, and/or access to, this website constitutes your agreement to the Terms of Use. Orchidville reserves the right to amend the Terms of Use at any time, and, since you are bound by these Terms of Use, we suggest you check back and review this document from time to time. Orchidville also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Service. Such additional rules will be posted in the relevant parts of the Service, and will be clearly identified. Your continued use of the Service constitutes your agreement to comply with these additional rules. For an explanation of our practices and policies related to the collection, use, and storage of user information, please read our Privacy Policy. This User Agreement constitutes the entire agreement between you and us and governs the use of the Orchidville website. It governs the use of the Orchidville online service ("Service"), including participation in its forums and chats. Your use of and/or registration on any aspect of the Service will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use this Service. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the Agreement. Orchidville's failure to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. Your failure to follow these rules may result in suspension or termination of your access to the Service, without notice, in addition to Service Provider's other remedies. SITE CONTENT Please note that this Service contains copyrighted and other proprietary information. Orchidville is a licensed trademark licensed and you may not use it without written permission from Orchidville Pte Ltd. The Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part. You may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. USE OF THE SERVICE BY YOU Material on the Service is for your personal use only - you may not authorize others to use the Service. You are responsible for all use of the Service by you and by those you allow to use, or provide access to, the Service. Any conduct by you that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Site will not be permitted. The Service contains copyrighted and other proprietary information. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local or international law. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or use of the site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site. Other than connecting to Service Provider's servers by http requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise. You agree not to use any obscene, indecent, or offensive language or to place on the Service any material that is defamatory, abusive, harassing, or hateful. You may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or that otherwise violates any local or international law or regulation. You are responsible for ensuring that any material you provide to the Service or post on a forum, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. You may not in any way, make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the Service. You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You acknowledge that the Orchidville has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Your linking to any service or site is at your sole risk. You agree not to post any personal or commercial classified ads on the forum. If you participate in the forum, you agree not to use any obscenities, indecent or offensive language or to post any material that is invasive to another participant's privacy, abusive, hateful, or libelous. Material that encourages criminal conduct, or violates any civil, local or international law will not be tolerated. No unauthorized advertisements, pornographic materials, or junk mail is permitted. Participants agree not to tamper with, disrupt, or alter any information or material that appears on the forum. Postings on the forum are not private. You shall not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of another person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that we, in our sole discretion, deem offensive. ORCHIDVILLE'S RIGHTS Orchidville shall have the right, but not the obligation, to monitor the content of the bulletin boards to determine compliance with this Agreement and any other operating rules established by us. We shall have the right, but not the obligation, in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the bulletin board. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us. COMMENTS BY USERS ARE NOT ENDORSED BY ORCHIDVILLE This is a forum where your ideas can be expressed. Opinions expressed are the views of the person posting the message and do not reflect the position of Orchidville. Please note that Orchidville does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums or otherwise contained in the Service. Nor does Orchidville or its third party service providers make any warranties with respect to any of the merchandise featured or mentioned on the Service. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Orchidville or its third party service providers. Orchidville is not responsible for the material posted by our participants. LINKS TO THIRD PARTY SITES Orchidville may make available a link to a third party's web site. These links will let you leave Orchidville Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Orchidville has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Your linking to any service or site is at your sole risk. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. TERMINATION These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Orchidville reserves sole discretion to suspend, deny or terminate your ability to access all, or any portion of the Service, for any or no reason, without notice and may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site. JURISDICTION Orchidville controls the Site from our Singapore office. Orchidville makes no representation that materials on the Service are appropriate, available or legal in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of Singapore, applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in an appropriate court in Singapore. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts. DISCLAIMERS You expressly agree that use of the Orchidville website is at your own risk. Neither we, nor any of our officers, directors, or employees, agents, third-party content provider or associate, warrant that the site be uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of the site, or as to the accuracy or reliability of any information, content, or service provided through the site. The site is provided on an "as is," "as available" basis and we specifically disclaim warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties or fitness for a particular purpose. No oral advice or written information given by us, nor our affiliates, nor any or our officers, directors, employees, agents, providers or associates shall create a warranty. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site from third parties. We encourage discretion when browsing the Internet using our or anyone else's service. Some sites employ automated search results or link you to sites containing information that may be deemed inappropriate or offensive and we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. LIMITATION OF LIABILITY Orchidville shall not be liable to you or any third parties for any direct, indirect, special, consequential and punitive damages allegedly sustained arising out of this agreement, the providing or services hereunder, your access to or inability to access the service, including for viruses alleged to have been obtained from this service, your use of or reliance on the service or any or the merchandise, information or materials available on the service, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. You hereby agree to release Orchidville, its affiliates and third-party service providers and each of their respective directors, officers, employees and agents from claims, demands and damages (actual and consequential) of every kind and nature, arising out of, or in any way connected with, your use of this site. INDEMNIFICATION You are responsible for ensuring that any material you post, including but not limited to text, photographs, and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party. You agree to indemnify Orchidville and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service. COPYRIGHT COMPLAINTS Orchidville respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
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