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Agreement between end user and ONESHIFT.COM ("ONESHIFT").
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. If
you do not agree to any of the Terms of Service contained herein, please
do not access or use this Web Site.
1.2 You warrant that you have the necessary authority and capacity to
enter into this agreement.
2.1 Unless otherwise expressly authorized by ONESHIFT, this Web Site is
strictly for your personal and non-commercial use.
2.2 You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained from, or
through, this Web Site.
3.1 ONESHIFT currently provides end users with access to a rich collection
of on-line resources and information including the discussion boards,
product database, members listings, classifieds, news and articles (collectively,
"Services"). 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.
4.1 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.
(b) Post, distribute or disseminate any untrue, inappropriate, hateful,
profane, defamatory, racially, religiously, ethnically or sexually objectionable,
infringing, obscene, indecent or unlawful topic, name, material or information.
(c) Impersonate any person or entity, including, but not limited to, a
ONESHIFT official, forum moderator or other Website end user, or falsely
state or otherwise misrepresent your affiliation with a person or entity.
(d) Post by way of hyperlinking or otherwise any materials (including
without limitation, software, text, photographs and diagrams) that is
protected by intellectual property laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all necessary
consents.
(e) Post a link, upload or distribute any files that contain viruses,
corrupted files, or any other similar software or programs that may damage
or degrade or otherwise prejudice the operation and performance of another's
computer.
(f) Post or otherwise transmit any content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any
party.
(g) Post or otherwise transmit any content that you do not have a right
to transmit 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 non-disclosure
agreements)
(h) Advertise or offer to sell any goods or services on a commercial basis
in the Forums.
(i) Unless otherwise authorized by ONESHIFT, vehicle and vehicle related
industry manufacturers, distributors, retailers, merchants, and the respective
employees of such establishments are prohibited from advertising or offering
to sell any goods or services, on behalf or in the interest of that establishment,
in the Classifieds, Forums or any end-user Services/Facilities.
(j) Conduct or forward through the Web Site surveys, contests, pyramid
schemes or chain letters and post/transmit any junk mail, spam or any
unsolicited mass dissemination of email.
(k) Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software
or other material contained in a file that is uploaded.
(l) Restrict or inhibit any other user from using and enjoying the Web
Site and/or Services.
(m) Promote or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual, or promote
any act of cruelty to animals. This may include, but is not limited to,
providing instructions on how to assemble bombs, grenades and other weapons,
and creating "Crush" sites.
(n) Collect or store personal data about other users.
(o) Violate the Forum Etiquette and Rules which is hereby incorporated
by reference.
(p) Use any robot, spider, other automatic device, or manual process to
monitor or copy any pages within the Web Site or the contents without
ONESHIFT's prior written permission.
(q) Use any device, software or routine to interfere or attempt to interfere
with the proper working of the Web Site.
(r) Take any action that imposes an unreasonable or disproportionately
large load on ONESHIFT's servers.
4A. GRANT OF LICENCE
4A.1 By contributing or submitting product reviews, postings, product
photographs, or any other content on the Web Site, you automatically grant
(or warrant that the owner of such rights has expressly granted) ONESHIFT
an irrevocable, royalty-free, transferable and worldwide right and license
to use, copy, modify, adapt, publish, translate, create derivative works
from and sell and distribute such materials or incorporate such materials
into any form, medium or technology without compensation to you.
4A.2 In addition, you warrant that all moral rights in those materials
have been waived. None of the materials shall be subject to any obligation
of confidence on the part of ONESHIFT.
5.1 This Web Site may contain links to other World Web Web sites or resources
operated by parties other than ONESHIFT. Such links are provided for your
convenience only. Because ONESHIFT has no control over such sites and
resources, you acknowledge and agree that ONESHIFT is not responsible
or liable for any content, advertising, products, or other materials on
or available from such sites or resources. ONESHIFT's inclusion of links
to such web sites does not imply any endorsement of the material on such
web sites or any association with their operators.
5.2 You further acknowledge and agree that ONESHIFT 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.
5A. HYPERLINKS TO THIS WEB SITE FROM THIRD PARTY WEBSITES
5A.1 Except as set forth below, caching and hyperlinks to, and the framing
of this Web Site or any of the contents are prohibited.
5A.2 You may hyperlink to the home page of this Web Site, upon prior notification
to ONESHIFT in writing. You must make a specific request for, and secure
permission from ONESHIFT prior to hyperlinking to, or framing, the Web
Site or any of the contents, or engaging in similar activities. ONESHIFT
reserves the right to impose conditions when permitting any hyperlinking
to, or framing of the Web Site or any of the contents.
5A.3 Your hyperlinking to, or your framing of the Web Site or any of the
contents constitute acceptance of these Terms of Service. This is deemed
to be the case even after the posting of any changes or modifications
to these Terms of Service. 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.
6.1 You agree that ONESHIFT, in its sole discretion, may terminate, ban
or suspend your ONESHIFT membership, use of the Services, and/or remove
and discard any content within the Services, for any reason without prior
notice, including, without limitation:
(a) for lack of use;
(b) if ONESHIFT believes that you have violated any provision of the Terms
of Service;
(c) acting in a manner inconsistent with the objectives of the Web Site;
(d) challenging the authority of any ONESHIFT staff, employee or agent;
or
(e) displaying unruly, contemptuous or disrespectful behaviour towards
any ONESHIFT staff, employee or agent..
6.2 ONESHIFT may also in its sole discretion and at any time discontinue
providing the Services, or any part thereof, with or without notice. 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.
7.1 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. The manner, mode and
extent of advertising by ONESHIFT are subject to change. Your correspondence
or business dealings with, or participation in promotions of, advertisers
found on the Web Site or through the Services, 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.
7.2 You agree that ONESHIFT 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 Services.
8.1 ONESHIFT has no obligation to monitor the communities. 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.
9.1 You are solely responsible and liable for any and all access, use
and/or misuse of this Web Site and Services made under your UserID and
Password (whether or not authorised by you).
9.2 You agree to indemnify and hold ONESHIFT, the Web Site administrators,
its subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable
legal fees, made by any third party due to or arising out of your content,
your access to the Web Site and use of the Services, your connection to
the Services, this Web Site, your violation of the Terms of Service, or
your violation of any rights of another.
10.1 The information, software, products, and services included on or
through this Web Site may include inaccuracies or typographical errors.
ONESHIFT is not responsible for any such inaccuracies and/or errors, as
it does not and cannot review all content posted on the Web Site.
10.2 ONESHIFT may make improvements and/or changes in this Web Site at
any time.
10.3 ONESHIFT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, PRICES, SERVICES
AND RELATED GRAPHICS CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH
INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. ONESHIFT HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10.4 IN NO EVENT SHALL ONESHIFT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB
SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF ONESHIFT HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. 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.
11.1 ONESHIFT reserves the right to change the terms, conditions, and
notices under which this Web Site is offered, without prior notice to
you.
12.1 These Terms of Service shall be governed and construed in accordance
with the laws of Singapore.
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20th Nov 2008
