www.tagtag365.com (the “Site”) is owned and operated by 890 Pte. Ltd. (“890”). 890 provides services to users subject to the terms and conditions set out here (the “Terms”) and, except as otherwise noted herein, the Terms govern your use of the Site. In addition, the use of any of the services supplied by 890 are subject to the rules, guidelines, policies, terms, and conditions applicable to such services, which are incorporated into these Terms by reference.
2. Your Acceptance
3. Personal Data Protection Policy
Please read our personal data protection policy, located at http://www.tagtag365.com/privacy-policy and which is incorporated into these Terms. We reserve the right to contact you in connection with these Terms or any activities relating to the Site. [KCP Comments: Please let us know what Content refers to, so that we can draft accordingly.]
4. Website Access
890 hereby grants you permission to access and make personal use of this Site pursuant to these Terms, insofar as:
(i) your use of the Site is for your personal use and is not for any commercial purpose of your own beyond what is permitted by the Terms;
(ii) you do not copy or distribute any aspect of the Site in any way without 890’s prior written authorization;
(iii) you do not alter or modify any aspect of the Site beyond what may be reasonably necessary for proper use of the Site for its intended purpose; and
(iv) you otherwise comply with these Terms.
5. Electronic Communications
When you visit 890 or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Account Creation
Some portions of the Site may only be accessible to those that have created a user account. You may not use any account that is not your own without the account holder’s permission. When creating your account, you are required to provide accurate information about yourself. Any activity that originates or is affiliated with your account is solely your responsibility as is the security and confidentiality of your account username and password. You may change your password at any time by updating your Account page. In addition, you agree to immediately notify 890 of any unauthorized use of your password or account or any other breach of security. 890 cannot and will not be liable for any loss or damage arising from your failure to comply with this section. In addition, some portions of the Site are only accessible to those that have entered personal information, such as when users submit design ideas and during the check out process. When submitting personal information on the Site, you are required to provide accurate information about yourself. It is solely your responsibility to keep the information you submit to 890 confidential and secure. You agree to immediately notify 890 of any unauthorized use of your information or any other breach of security. 890 is not liable for any loss or damage arising from your failure to comply with this section. When submitting personal information to the Site, you warrant that you are able to enter into a legally binding contract and are not barred from using the Site by any laws. You agree to provide true, accurate, current and complete information about yourself in all required fields when prompted. If any of your information changes, you agree to update your information as soon as possible. If 890 suspects that the information you submitted is not complete, current, or accurate, or that you have otherwise violated these Terms, your account may be subject to suspension or termination, and you may be barred from using the Site.
7. Prohibited Uses of the Site and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including our company and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; otherwise violate any law; or in doing so, amounts to any conduct that, in the judgment of 890, restricts, impairs, interferes or inhibits any other user from using or enjoying the Site or the related services and products. You agree not to expose the Site to any automated system, including, but not limited to, “robots,” “spiders,” or similar technological devices or programs, that access the Site in a manner that sends more request messages to the 890 servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, 890 grants permission to the operators of public search engines to use the technology necessary to copy materials from the Site, so long as such use is for the sole purpose of creating publicly available, searchable indices of the Site, but not caches or archives of such materials. 890 reserves the right to revoke these exceptions in its sole discretion. You agree not to collect or use any personally identifiable information (“Personal Information”) from the Site including, but not limited to, the names and contact information of other users. Additionally, you agree not to use the communication systems provided by the Site for any commercial purposes.
9. Intellectual Property Rights
All content on the Site, including without limitation, the text, graphics, and photos created by and for 890, interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to 890, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only. The Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of 890 or as expressly provided herein. 890 reserves all rights not expressly granted in and to the Site and the Content contained therein. You agree not to use, copy, or distribute any of the Content displayed on the Site other than expressly permitted herein, including any of Submissions (as defined below) displayed on the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
10. Comments & User Submissions; Artist Agreement
Due to the interactive nature of third-party postings on the Site, 890 does not assume responsibility for any of the materials posted by users. The comments posted by 890 users, and any material provided to the Site by users within their comments (collectively “User Submissions”) are not endorsed by 890, and 890 makes no guarantee regarding the reliability or accuracy of any User Submission. It is solely your responsibility to evaluate all User Submissions and you alone bear all risks related to the use of any User Submission, including any reliance on their accuracy, completeness, or usefulness. User Submissions posted to the Site are the sole responsibility of the person who originally posted such submissions, and your sole recourse for any damage you may suffer as a result of User Submissions shall be against the individual who posted the material. 890 does not guarantee any confidentiality with respect to any User Submission. 890 expressly disclaims any and all liability in connection with User Submissions. 890 reserves the right but not the obligation to monitor and edit or remove Content and User Submissions in its sole discretion and without prior notice for any or no reason. 890 also reserves the right to terminate a user's access to the Site at any time, in its sole discretion, and without prior notice. If you are submitting a design idea to 890 to be considered for printing and sale by 890, in addition to these Terms, you also must review and agree to the 890 Artist Agreement posted on this Site.
11. Copyright Infringement
890 respects the intellectual property of others, and asks users of the Site to do the same. When using and interacting with 890 and the Site, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining the copyright holder’s prior written consent. This specifically includes the submission of a design. 890 reserves the right, in its discretion, to remove any User Submission it believes may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers. If you believe that your work has been copied or posted on the Site in a way that constitutes infringement of your copyrights, you must send a written communication that includes substantially the following
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
890 Pte. Ltd.
12 EU TONG SEN STREET #06-170 THE CENTRAL SINGAPORE 059819
Phone: +65 3158-9174
12. Choice of Law and Venue
These Terms shall be governed by and is to be construed and interpreted in accordance with the laws of Singapore If any dispute or differences shall arise on any matter connected with this Agreement, you and 890 shall attempt to amicably resolve such dispute or difference. If such dispute or difference is not remedied within 30 days of it arising, any party may refer the dispute to arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force. A single arbitrator shall be appointed by the parties in cases whether the parties agree upon or failing agreement of the parties, shall be appointed in accordance with the said Arbitration Rules. Arbitration shall be conducted in the English language and take place in Singapore. The parties agree to comply with any arbitration award or order made pursuant to such arbitration and such award or order shall be final and binding on the Parties.