GENERAL TERMS AND CONDITIONS OF USE
1. The
following describes the terms on which MediaCorp Press Ltd (“MPR”) offers you
the services and access to the information, communications, compilations,
images, software, text, graphics, messages and other materials offered,
supplied, produced, provided and/or delivered on www.todayonline.com (the “Site”), from time to time for your
use but only for the lawful purposes described herein. By accessing or using the Site, you agree to be bound by
the terms and conditions, and any other policies, rules and regulations as may
be imposed and/or required by MPR from time to time which are incorporated
herein by reference, set forth below (collectively referred to as this
“Agreement”). For the purposes of these terms and conditions, the term “Site”
shall include all services, information, communications, compilations, images,
software, text, graphics, messages and all other materials supplied by MPR to
you, whether posted on the Site or otherwise offered, supplied, produced,
provided and/or delivered to you whether by way of electronic communications in
the form of electronic mails, SMS, or any other such method or technology
whether now known or hereafter developed.
2. MPR reserves the right to revise, withdraw or make changes to these terms and conditions and the Site, in whole or in part, at any time. All revisions, withdrawal and/or changes will be posted on the Site and all such revisions, withdrawals and/or changes shall automatically be effective 14 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and MPR.
3. Some of the services offered on the Site are only available to parties who have registered, as registered users of the Site with MPR and, using the application forms available and posted on the Site, in accordance with the provisions of this Agreement and you warrant that all information provided by you, including all information provided in the application form(s) is true, correct and complete and you have the capacity and power to enter into this Agreement and use the Services.
4. All content
(including without limitation all text, photographs, graphics, video and audio
content) located on the Site is copyrighted and protected by international
copyright and trademark laws. You may download materials displayed on the Site
for your own personal and non-commercial use only but you must retain all
copyright and proprietary notices on downloaded and/or
copied material. Save as specifically permitted hereunder, and except for any materials that you have posted on the Site, you may not
copy, reproduce, distribute, publish, enter into a database, display, perform,
modify, create derivative works, transmit, or in any way exploit any part of
this Site, except that you may download material from the Site for your own
personal use as follows: you may make one machine readable copy and/or one
print copy that is limited to occasional articles of personal interest only and
provided that all copyright and proprietary notices on such material shall be
retained in whole. Without limiting the generality of the foregoing, you may
not distribute any part of this Site over any network, including a local area
network, nor sell or offer it for sale. In addition, these files may not be
used to construct any kind of database. The Site has been specially designed
for presentation of content in a unique format and appearance to MPR’s users.
MPR is concerned about the integrity of the Site when it is viewed in a setting
created by a third party that includes advertising or other materials that MPR
has not authorized to be displayed with the Site. Without limiting the
foregoing provisions, neither you nor any third party shall make use of the
contents of the Site in any manner that constitutes an infringement of MPR’s
rights, including copyright.
5. MPR provides the facilities on the Site to permit you to submit materials, information, articles, photographs, text, graphics, video and/or audio content (“Your Information”) to MPR or to the Site directly. You are solely responsible for Your Information, and MPR acts as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
A. Your Information (or any materials contained therein): (a) shall not be false, inaccurate or misleading; (b) shall not be false, fraudulent, inaccurate, incorrect or untrue; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libelous, offensive, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or anything adult in nature or harmful to minors; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for MPR or cause MPR to lose (in whole or in part) the services of MPR’s ISPs or other suppliers. Furthermore, you may not submit any of Your Information on the Site that could cause MPR to violate any applicable law, statute, ordinance or regulation.
B. You hereby grant MPR a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use and to exercise the copyright and publicity rights you have in Your Information, in any media now known or not currently known, with respect to Your Information.
6. Certain data transmissions between your computer and the Site are conducted through secure servers and protected by Secure Socket Layer (SSL) technology. Certain services further require you to register, use passwords and/or digital signatures. While MPR will use reasonable endeavours to provide reasonable precautions to protect any information or material that is confidential in nature, MPR does not guarantee that information transmitted through the internet is secure or that such transmissions will be free from delay, interruption, interception or error.
7. The trade marks, service marks and logo (the "Trade Marks") used
and displayed on the Site are registered and unregistered Trade Marks of MPR,
its subsidiaries or its licensors. Nothing on this Site should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any of the Trade Marks displayed on the Site, without the written permission of
MPR. MPR and its subsidiaries aggressively enforces
its intellectual property rights to the fullest extent of the law. The name of
MPR, MediaCorp or the Trade Marks may not be used in any way, including in
advertising or publicity pertaining to the distribution of Your Information on
the Site, without prior written permission of MPR. MPR prohibits use of the
Trade Marks as a "hot" link or inlink to any MPR site or any other
site unless establishment of such a link is approved in advance by MPR in
writing.
8. MPR shall have the
right, but not the obligation, to monitor the content on the site, including
chat rooms and forums, and MPR shall have the right to remove or delete any
material (including Your Information) that MPR, in its sole discretion, finds
to be in violation of any applicable laws, codes, rules or regulations. MPR
shall have the right to remove any material (including Your Information)
submitted to or posted on the Site. Without limitation to the foregoing, MPR
shall have the right to remove any material (including Your Information) that
MPR, in its sole discretion, finds to be in violation of the provisions hereof
or otherwise objectionable or inappropriate without having to assign any reason
therefore.
9. You agree that you will not use any
robot, spider, other automatic device, or manual process to monitor or copy the
Site or the content contained herein without MPR’s prior express written
permission. You agree that you will not use any device, software or routine to
interfere or attempt to interfere with the proper working of the Site. You
agree that you will not take any action that imposes an unreasonable or
disproportionately large load on MPR’s infrastructure. Much of the information
on the Site is updated on a real time basis and is proprietary or is licensed
to MPR by MPR’s users or third parties. You agree that you will not copy,
reproduce, alter, modify, create derivative works, or publicly display any
content (except for Your Information) from the Site without the prior expressed
written permission of MPR or the appropriate third party.
10. MPR shall not be responsible for any
connection or access to the Site by you or the quality of the transmission of
any information passing between you and the Site. You will be responsible for
providing your own communications equipment to access the Site via the
Internet, and the Internet access charges thereon.
11. Where you subscribe for any of the
services on the Site that relates to any advertisement or other similar
services, whether as a potential seller or a potential seller, you hereby
expressly acknowledge and agree that the Site acts as a venue only and MPR is
not involved nor responsible for the correctness, accurateness or truthfulness
of any information that is posted by other users of the Site or the posting,
provision, delivery of such information from MPR to you. MPR cannot, does not
and has no control or ability to verify if all information, data and all such
other materials posted, provided and/or delivered to you hereunder are correct
and you further expressly agree to release, hold harmless and indemnify MPR,
its parent, subsidiaries, affiliates, employees and officers from any claims,
demands, losses, liabilities, costs, expenses and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
herewith and/or with any dispute between any users of the Site.
12. The Site is available on an “as is where
is” basis. MPR does not warrant that the Site will be uninterrupted or
error-free. There may be delays, omissions,
interruptions and inaccuracies in the news, information or other materials
available through the Site. MPR shall not be responsible for the availability
or content of other services that may be linked to the Site. MPR does not make
any warranties, express or implied, including without limitation, those of
merchantability and fitness for a particular purpose, with respect to the Site
or any information or goods that are available or advertised or sold through
the Site. MPR does not make any representations, nor does MPR endorse the
accuracy, completeness, timeliness or reliability of any advice, opinion,
statement or other material or database displayed, uploaded or distributed in the
Site or available though links in the Site. MPR reserves the right to correct
any errors or omissions in the Site. Although MPR intends to take reasonable
steps to prevent the introduction of viruses, worms, "Trojan horses"
or other destructive materials to the Site, MPR does not guarantee or warrant
that the Site or materials that may be downloaded from the Site do not contain
such destructive features. MPR is not liable for any damages or harm
attributable to such features. If you rely on the Site and any materials
available through the Site, you do so solely at your own risk. MPR, IT’S EMPLOYEES, SUBSIDIARIES,
AFFILIATES, ASSOCIATES AND RELATED CORPORATIONS MAKE NO WARRANTY AND HEREBY
DISCLAIM ALL AND ANY WARRANTY, EXPRESS OR IMPLIED (TO THE TEXTENT PERMITTED BY
LAW) (1) IN RESPECT OF THE USE, SECURITY, ACCURACY, RELIABILITY, TIMELINESS,
NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF
THE CONTENT OR OF THE USE OF THE SITE; (2) IN RESPECT OF HARM ARISING FROM
DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SITE,
INCLUDING WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION
OR DESTRUCTIVE FEATURES, WHETHER OR NOT KNOWN; AND (3) THAT THE CONTENT AND ANY
FUNCTIONS ASSOCIATED THEREWITH WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE
SITE AND ITS SERVER WILL BE FREE OF ALL VIRUSES AND/OR OTHER HARMFUL ELEMENTS.
13. IN NO EVENT SHALL MPR, ITS EMPLOYEES,
SUBSIDIARIES. AFFILIATES, ASSOCIATES AND RELATED CORPORATIONS BE LIABLE TO YOU
AND/OR TO ANY PARTY FOR ANY DAMAGES, EXPENSES, CLAIMS, COSTS OR LOSSES OF ANY
KIND, INCLUDING WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR
PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, (OTHER THAN FOR DEATH OR PERSONAL
INJURY RESULTING DIRECTLY FROM YOUR USE OF THE SITE CAUSED IN WHOLE BY MPR’S
NEGLIGENCE) ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR
OTHERWISE), YOUR USE OF OR INABILITY TO USE THE SITE, THE CONTENT OF THE
HYPERLINKS, INCLUDING BUT WITHOUT LIMITATIONS, SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES. ANY CLAIM AGAINST MPR SHALL BE LIMITED TO THE AMOUNT YOU
PAID, IF ANY, FOR USE OF THE SITE.
14. You agree to
indemnify and hold harmless MPR, its directors, officers, shareholders,
parents, subsidiaries, affiliates, agents, and licensors, from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions and/or any other
regulations or requirements of MPR. MPR reserve the right to take over the
exclusive defense of any claim for which MPR is entitled to indemnification
under this Section. In such event, you shall provide MPR with such cooperation
as is reasonably requested by MPR.
15. These terms and conditions shall be
governed by the laws of the Republic of Singapore and any dispute arising out
of the use of the Site shall be deemed to have taken place in Singapore and
shall be referred by arbitration in Singapore in accordance with the
Arbitration Rules of the Singapore International Arbitration Centre (“SIAC
Rules”) for the time being in force which rules are deemed to be incorporated
by reference into these terms and conditions. If any provision of these terms and
conditions is held to be invalid or unenforceable, such provision shall be
struck out and the remaining provisions shall be enforced. Any failure to act
by MPR with respect to any breach by you or others of any of the provisions of
these terms and conditions does not waive MPR’s right to act with respect to
subsequent or similar breaches.
16. You hereby expressly agree and
acknowledge:
a. that all electronic communications made
pursuant to this Agreement and/or use of the Site shall be given legal effect,
validity and enforceability and shall have, between the parties thereto,
comparable evidential value to that accorded to a signed written document;
b. not to contest the legally binding
nature, validity or enforceability of any transaction on the Site on the ground
that it was entered into electronically;
c. to expressly waive any and all rights
it may have to assert any such claims and shall comply with all relevant laws
concerning electronic communications; and
d. not to assume a false identity or the
identity of some other member when using the Site or transmit libelous,
harassing, vulgar or otherwise objectionable messages through the Site; or post
materials subject to copyright or other intellectual property rights claimed by
any third party; or use the Site for any unlawful or illegal activities
(including spamming the other users by sending unsolicited e-mails).