 |
The following are the terms and conditions of a legal
agreement between you and inTouch Wireless Services
Pte Ltd. ("inTouch"). By accessing,
browsing and/or using this website (the "Website"),
you acknowledge that you have read, understood and agreed
to be bound by these terms and conditions and to comply
with all applicable laws and regulations. If you do
not agree to these terms and conditions, do not use
this Website. The material provided on this Website
is protected by law, including but not limited to the
United States Copyright Law and international treaties.
This Website is controlled and operated by InTouch from
its offices in Singapore and Indonesia. InTouch makes
no representation that materials in this Website are
appropriate or available for use in other locations,
and access to them from territories where their contents
are illegal or otherwise regulated is prohibited. Those
who choose to access this Website from other locations
do so on their own initiative and are responsible for
compliance with applicable local laws.
1. Description
of the Products. This Website provides access
to a variety of materials which are owned by InTouch
or which are licensed to InTouch by third parties, including
without limitation software, databases of map and chart
data, databases of other data, text and photographs
(all such materials are collectively referred to herein
as the "Products"). Certain of the Products
are owned by InTouch, and other Products are owned by
one or more third parties, including without limitation
one or more agencies and licensed to InTouch for use
as provided in these Terms and Conditions of Use. Your
use of the Products is subject to all of the Terms and
Conditions set forth herein.
2. Grant of License.
InTouch hereby grants to you a non-transferable, personal,
non-exclusive license to use the Products at this Website
for your own benefit on a single computer and a single
terminal. InTouch expressly reserves any and all rights
which it may have in or to the Products which are not
expressly licensed to you by InTouch hereunder, including
but not limited to any and all copyrights, patent rights
and other intellectual property rights. In no event
shall you make use of any of the Products for commercial
purposes except as expressly permitted herein, it being
understood that, except as so expressly permitted, your
sole rights with respect to the Products shall be to
use the Products for your own benefit and not for the
benefit of any third party.
3. Restrictions
on Use of the Website and the Products. The
copyright in all of the Products and in all other material
provided on this Website is held by InTouch or by the
original creator of such material. Except as otherwise
expressly stated herein, none of the Products or other
material provided on this Website may be copied, reproduced,
distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means, including
without limitation electronic, mechanical, photocopying,
recording or otherwise, without the prior written permission
of InTouch or the copyright owner. Permission is granted
to you to display, copy, distribute and download the
Products and other materials on this Website for personal,
non-commercial use only, provided that you do not modify
the materials and that you retain all copyright and
other proprietary notices contained in the materials.
This permission terminates automatically if you breach
any of these terms or conditions. Upon termination of
this permission, you must immediately destroy any downloaded
and printed Products and other materials from this Website.
You also may not, without InTouch's permission, "mirror"
any Products or other material contained on this Website
or any other server accessed through this Website. Any
unauthorized use of any Products or other material contained
on this Website may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications
regulations and statutes.
4. Trademarks.
All trademarks, service marks and trade names used on
this Website are proprietary to InTouch or other respective
owners that have granted InTouch the right and license
to use such trademarks, service marks and trade names,
and are protected by U.S. and international trademark
laws. No user of this Website is granted any rights
to such trademarks, service marks or trade names.
5. Disclaimer
of Warranties. You expressly agree that your
use of the Products and this Website is at your sole
risk. This Website may include links and pointers to
Internet websites maintained by third parties, and neither
InTouch nor any of its affiliates operates or controls
any information, products or services available on any
such third party website. Accordingly, the materials
on this Website and on any such third party website
are provided on an "as is" basis without warranties
of any kind, whether express or implied, including without
limitation warranties of merchantability or fitness
for a particular purpose, other than those warranties
which are implied by and incapable of exclusion, restriction
or modification under the laws applicable to this Agreement.
Specifically, neither InTouch, its affiliates, nor any
of their respective employees, agents, third party content
providers or licensors warrant that any Product, this
Website or any such third party website will be uninterrupted
or error-free, that the use of any Product, this Website
or any such third party website will allow you to obtain
any particular results whatsoever, or that any Product
or any information, service or merchandise provided
through this Website or any such third party website
is accurate, reliable or of any particular value or
quality.
6. Limitation
of Liability. UNDER NO CIRCUMSTANCES, INCLUDING
WITHOUT LIMITATION THE NEGLIGENCE OF ANY PARTY, SHALL
INTOUCH OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES AS A RESULT OF THE USE OF, OR THE INABILITY
TO USE, ANY PRODUCT, THIS WEBSITE, OR ANY MATERIALS
ACCESSIBLE ON OR THROUGH THIS WEBSITE, EVEN IF INTOUCH
OR AN AUTHORIZED REPRESENTATIVE OF INTOUCH SHALL HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT INTOUCH AND
ITS AFFILIATES ARE NOT LIABLE FOR ANY LOSS OF DATA OR
PROFIT. IF YOU ARE DISSATISFIED WITH ANY PRODUCT OR
OTHER MATERIAL ACCESSIBLE ON OR THROUGH THIS WEBSITE,
OR WITH ANY OF INTOUCH'S TERMS AND CONDITIONS, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
PRODUCT AND THIS WEBSITE. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
7. Privacy.
As part of the operation of this Website, InTouch gathers
certain types of information about users of this Website.
This policy describes the types of information gathered,
what is done with it, and how to correct or change the
information. InTouch collects two types of personally
identifying information from users who register at this
Website or click on this Website: personal information
(such as names and e-mail addresses) and aggregated
information (such as information about how many users
log into this Website on a daily basis, and other information
about traffic patterns on this Website).
(a) Personal information
is collected when users voluntarily provide personal
information to InTouch, such as when they register,
answer surveys, purchase items from InTouch, or register
for contests and other promotional opportunities provided
by InTouch.
(b) InTouch uses various
methods to collect aggregated user information, such
as information as to which pages users access or visit
and information volunteered by users
such as survey information and/or site registrations.
For example, when you click on this
Website, our servers log your IP address, which is a
number automatically assigned to your computer whenever
you're surfing the Internet. InTouch uses IP addresses
for the
purposes of system administration and to provide aggregated
data to advertisers about the
volume of use on this Website.
InTouch uses "cookies"
to collect certain information while respecting your
privacy. A "cookie" is a small data file that
many websites write to your hard drive for recordkeeping
purposes when you visit the websites. Cookies allow
InTouch to measure activity on the Website and to improve
your enjoyment of the Website by, for example, remembering
your passwords and viewing preferences. InTouch does
not use cookies to retrieve information from your computer
that was not originally written to your hard drive by
InTouch. InTouch does not use any information transferred
through cookies for any promotional or marketing purposes
or share such information with any third parties, other
than information that you voluntarily provided to InTouch
as described above. Most web browsers are initially
set to accept cookies; if you prefer, you can set your
web browser to refuse cookies or to alert you when cookies
are being sent. However, it is possible that some parts
of this Website will not function properly if your web
browser is set to refuse cookies or to alert you when
cookies are being sent.
8. Use of Information
Collected by InTouch. InTouch uses both the
personal and aggregated information that it collects
for various purposes. The information is used to improve
the content of this Website, to customize the content
and/or layout of this Website for each user, and to
notify users about updates to this Website or promotional
offers or opportunities that we believe would be of
interest. InTouch shares aggregated information with
some third parties for both advertising and promotional
purposes. InTouch may share personal information with
third parties for marketing or promotional purposes.
InTouch may disclose personal information, when it believes
in good faith that such disclosure is legally required,
to protect its rights or the safety of others. If you
object to InTouch's use of any personal information
which you may provide for any reason, you may stop such
use by modifying your registration information.
9. Children and
Privacy. InTouch encourages parents and guardians
to spend time with their children on-line, so as to
be fully familiar with the websites visited by their
children. At various places on this Website, for example
in requesting personal information, InTouch may ask
whether the user is under a specified age, and if so
InTouch may ask for parental consent. In each such case,
InTouch relies on users to be truthful in responding
to these questions and providing such consent. In no
event should any information be submitted to or posted
on this Website by users under the age of 13 without
the consent of their parent or guardian. Users under
the age of 13 are requested not to participate in contests
or other promotional opportunities. Users who are between
the ages of 13 and 17 are requested not to submit or
post information to this Website without the consent
of their parent or guardian. InTouch may collect information,
including personally identifying information, from users
between the ages of 13 and 17. With the permission of
the parent or guardian of such users, this information
may be used for marketing and promotional purposes and
may be shared with third parties. If a user or his or
her parent or guardian changes his or her mind with
respect to such use, such user, parent or guardian may
stop such use, either by an e-mail request to info@get-intouch.com
or by modifying his or her registration information
on-line as described above. Finally, it is important
to note that this Website may contain links to other
websites, and that those websites may not follow the
same privacy policies as InTouch. These websites may
send their own cookies to your hard drive, and may collect
information and make use of such information in ways
that InTouch would not.
10. Miscellaneous
Provisions. To the extent that any of the Terms
and Conditions of Use hereof are inconsistent with the
terms and conditions of any License Agreement between
you and InTouch with respect to any particular product,
the terms and conditions of such License Agreement shall
govern with respect to such product. InTouch reserves
the right to change these Terms and Conditions of Use
at any time without notice. These Terms and Conditions
of Use shall be governed by and construed in accordance
with the laws of the Republic of Singapore, without
giving effect to any principles of conflicts of law.
If any provision hereof shall be unlawful, void or for
any reason unenforceable, then that provision shall
be deemed severable from these Terms and Conditions
of Use, and shall not affect the validity and enforceability
of any remaining provisions hereof. The rights to use
this Website granted to you hereunder are personal to
you and are not subject to transfer or assignment. Any
claim relating to this Website or its use shall be subject
to the exclusive jurisdiction of the courts located
in Singapore, and by your use of this Website you submit
yourself to the personal jurisdiction of such courts.
|