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:
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.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:
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.
10.5 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.