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GENERAL WEBSITE TERMS OF SERVICE Agreement between end user and ONESHIFT.COM ("ONESHIFT"). 1. ACCEPTANCE OF TERMS 1.1 The access and use of this Web Site (at www.oneshift.com or such other URL as ONESHIFT may determine) and Services (defined below) contained therein by you is conditioned on your acceptance without modification of the terms, conditions and notices (collectively, "Terms of Service") contained herein. Your access to and use of this Web Site constitutes your unconditional agreement to all the Terms of Service for the time being as set out herein. ONESHIFT reserves the right to vary the Terms of Service from time to time at its absolute discretion either with or without notice to you. You are advised to check the Terms of Service regularly, which shall be effective from the date of posting on this Web Site. 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Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new ONESHIFT resources, shall be subject to the Terms of Service. 4. USER CONDUCT 4.1 As a condition of your use of this Web Site, you warrant and undertake to ONESHIFT that you will not use this Web Site for any purpose that is illegal under any relevant laws or prohibited by the Terms of Service. 4.2 You also acknowledge and agree that any decision of ONESHIFT under the Terms of Service shall be final, conclusive and binding upon you. 4.3 By way of example, and not as a limitation, you agree that when using this Web Site and its associated Services, you warrant and undertake that you will not: (a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. 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If you do not accept these Terms of Service, you must discontinue linking to, or framing of the Web Site or any of the contents. 5A.4 In no circumstances shall ONESHIFT be considered to be associated or affiliated in any manner with any trade or service marks, logos, insignia or other devices used or appearing on websites that hyperlink to the Web Site or any of the contents. 5A.5 ONESHIFT reserves all rights to disable any hyperlinks to, or frames of any web site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights. 5A.6 ONESHIFT reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other web site reached by links to or from the Website or any of the contents. 6. 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You agree that any termination of your access to the Web Site and/or Services under any provision of this Terms of Services may be effected without prior notice, and acknowledge and agree that ONESHIFT may immediately deactivate or delete your ONESHIFT Membership and all related information and files in your ONESHIFT Membership and/or bar any further access to such files or the Services. Further, you agree that ONESHIFT shall not be liable to you or any third-party for any termination of your access to the Services. 6.3 ONESHIFT reserves the right to deny in its sole discretion your access to the Web Site, the Services or any portion thereof without ascribing any reason therefore and without prior notice. 7. ADVERTISEMENTS AND PROMOTIONS 7.1 ONESHIFT runs advertisements and promotions on the Web Site. By accessing the Web Site and/or using the Services, you agree that ONESHIFT has the right to run such advertisements and promotions. 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However, ONESHIFT reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ONESHIFT's sole discretion. 8.2 ONESHIFT 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 accessing the Web Site and/or using the Services, you may be exposed to content that is offensive, indecent or objectionable. 8.3 ONESHIFT does not control or endorse the content, messages or information found in any community and, therefore, ONESHIFT specifically disclaims any liability with regard to the communities and any actions resulting from your participation in any community. Forum moderators are not authorised ONESHIFT spokespersons, and their views do not necessarily reflect those of ONESHIFT. 9. 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WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS PROHIBITED BY LAW AND YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE. 10.5 ONESHIFT is not responsible to you or any third party for your actions and activities on this Web Site (whether or not authorised by you) for any reason whatsoever including without limitation, your failure to comply with the spirit and the letter of the Terms of Service herein. 11. MODIFICATION OF THESE TERMS AND CONDITIONS 11.1 ONESHIFT reserves the right to change the terms, conditions, and notices under which this Web Site is offered, without prior notice to you. 12. GOVERNING LAW 12.1 These Terms of Service shall be governed and construed in accordance with the laws of Singapore.
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