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1. ACCEPTANCE OF TERMS
Welcome to Assemblix. Assemblix provides its service to you, subject
to the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. In addition, when
using particular Assemblix services, you and Assemblix shall be
subject to any posted guidelines or rules applicable to such services
which may be posted from time to time. All such guidelines or rules
are hereby incorporated by reference into the TOS. Assemblix also
may offer other services from time to time, such as Assemblix Store
and Assemblix Site that are governed by different Terms of Services.
2. DESCRIPTION OF SERVICE
Assemblix currently provides users with access to a rich collection
of resources, including, various tools, forums, shopping services,
through its network of properties (the "Service"). You also understand
and agree that the Service may include advertisements and that these
advertisements are necessary for Assemblix to provide the Service.
Unless explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of new Assemblix
properties, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that Assemblix assumes
no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that
access may involve third party fees (such as Internet service provider
or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment
necessary to access the Service.
Please be aware that Assemblix has created certain areas on the
Service that contain adult or mature content. You must be at least
18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself
as prompted by the Service's 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 Assemblix has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
Assemblix has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any
portion thereof). Please remember that the Service is designed to
appeal to a broad audience. Accordingly, as the legal guardian,
it is your responsibility to determine whether any of the Services
and/or Content (as defined in Section 6 below) are appropriate for
your child.
4. ASSEMBLIX PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy
policy at http://www.assemblix.com.sg/legal/privacy.asp.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You
agree to (a) immediately notify Assemblix of any unauthorized use
of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session.
Assemblix cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, 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 Assemblix, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise
make available via the Service. Assemblix does not control the Content
posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will Assemblix be liable
in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of
any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available 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;
- harm minors in any way;
- impersonate any person or entity, including, but not limited
to, a Assemblix official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person
or entity;
- forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available 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);
- upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to
engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge and agree that Assemblix may preserve Content and
may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of Assemblix,
its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. 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 Singapore or
the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON
THE SERVICE
Assemblix does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly accessible
areas of the Service, you grant Assemblix the following world-wide,
royalty free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion
on publicly accessible areas of Assemblix Win4D Clubs , the license
to use, distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the Service solely for the
purposes of providing and promoting the specific Assemblix Win4D
Club to which such Content was submitted or made available. This
license exists only for as long as you elect to continue to include
such Content on the Service and will terminate at the time you
remove or Assemblix removes such Content from the Service.
- With respect to photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible area of
the Service other than Assemblix Win4D Clubs, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purpose for
which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you remove
or Assemblix removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or
video you submit or make available for inclusion on publicly accessible
areas of the Service other than Assemblix Win4D Clubs, the perpetual,
irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform
and publicly display such Content (in whole or in part) and to
incorporate such Content into other works in any format or medium
now known or later developed.
9. INDEMNITY
You agree to indemnify and hold Assemblix, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Assemblix may establish general practices and
limits concerning use of the Service. You agree that Assemblix has
no responsibility or liability for the deletion or failure to store
any Content maintained or transmitted by the Service. You acknowledge
that Assemblix reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that Assemblix
reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Assemblix reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that Assemblix
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
You agree that Assemblix, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if Assemblix believes
that you have violated or acted inconsistently with the letter or
spirit of the TOS. Assemblix may also in its sole discretion and
at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access
to the Service under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that Assemblix may immediately
deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files
or the Service. Further, you agree that Assemblix shall not be liable
to you or any third-party for any termination of your access to
the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree
that Assemblix shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Assemblix has no
control over such sites and resources, you acknowledge and agree
that Assemblix 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 Assemblix 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.
16. ASSEMBLIX'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("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 Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by Assemblix 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.
Assemblix grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided
by Assemblix for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ASSEMBLIX 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.
- ASSEMBLIX 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 SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE 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.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM ASSEMBLIX OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASSEMBLIX 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 (EVEN
IF ASSEMBLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. 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
17 AND 18 MAY NOT APPLY TO YOU.
20. LIMITED WARRANTY STATEMENT
Assemblix warrants its products to be free from defects in workmanship
and materials, under normal use and services, for the applicable warranty
term. All Assemblix products carry a standard 90-days limited warranty
from the date of purchase from Assemblix or its Authorized Reseller.
Assemblix may, at its own discretion, repair or replace any product not
operating as warranted with a similar product, during the applicable
warranty term.
21. 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 Service
concerning companies, stock quotes, investments or securities, please
read the above Sections 17 and 18 again. They go doubly for you.
In addition, for this type of information particularly, the phrase
"Let the investor beware" is apt. The Service is provided for informational
purposes only, and no Content included in the Service is intended
for trading or investing purposes. Assemblix and its licensors shall
not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted or made available via the Service,
and shall not be responsible or liable for any trading or investment
decisions made based on such information.
22. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally
on the Service.
23. TRADEMARK INFORMATION
Assemblix, the Assemblix logo, Win4D design, trademarks and service
marks, and other Assemblix logos and product and service names are
trademarks of Assemblix Technology Ptd Ltd (the "Assemblix Marks"). Without
Assemblix's prior permission, you agree not to display or use in
any manner, the Assemblix Marks.
24. COPYRIGHTS and COPYRIGHT AGENTS
Assemblix respects the intellectual property of others, and we ask
our users to do the same. 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
provide Assemblix's Copyright Agent the following information:
- an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual
property interest;
- a description of the copyrighted work or other intellectual
property that you claim has been infringed;
- a description of where the material that you claim is infringing
is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
- a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are
the copyright or intellectual property owner or authorized to
act on the copyright or intellectual property owner's behalf.
25. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Assemblix
and govern your use of the Service, superceding any prior agreements
between you and Assemblix. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the relationship
between you and Assemblix shall be governed by the laws of Singapore
without regard to its conflict of law provisions. You and Assemblix
agree to submit to the personal and exclusive jurisdiction of the
courts located within Singapore. The failure of Assemblix to exercise
or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS
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 TOS 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 Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have
no legal or contractual effect.
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