1. ACCEPTANCE OF TERMS
YOU MUST READ THESE TERMS OF USE ("TOS") CAREFULLY.
Welcome to Now2Source.com, which provides its service to you, subject to the
following
Terms of Service, which may be updated by us from time to time with or
without notice to you. In addition, when using our services, you shall be
subjected to any posted guidelines or rules applicable to such services which
may be applicable from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Now2Source.com provides our registered members with access to a collection of
on-line services (the "Service"). Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including the release of
any new features or services shall be subject to the TOS. You understand and
agree that the Service is provided "at-it-is" and that Now2Source.com assumes no
responsibility for the timeliness, deletion, none-delivery or failure to store
any user communications or personalization settings.
3. YOUR REGISTRATION OBLIGATIONS
Now2Source.com is concerned about the safety and privacy of all its users. In
consideration of your use of the Service, you agree to:
(a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Members Profile"), and
(b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, non-current or incomplete, or Now2Source.com has reasonable grounds to
suspect, Now2Source.com reserves the right to disapprove, inactivate, suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
thereof).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon being accepted into
Now2Source.com as a member. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your
account. You agree to
(a) immediately notify
Now2Source.com of any unauthorized use of your password or account or any other
breach of security, and
(b) never disclose, reveal or share your account and password with any person.
(c) ensure that you exit from your account at the end
of each session by following proper logout process. Now2Source.com will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
5. MEMBER CONDUCT
You understand that all information, data, text, graphics, messages or other
materials ("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated. This
means that you, and not Now2Soruce.com, are entirely responsible for all Content
that you upload, post, email or otherwise transmit via the Service. Now2Source.com
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. Under no
circumstances will Now2Source.com be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the use of any Content posted,
emailed or otherwise transmitted via the Service. You agree not to use the
Service to:
a. Upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, an
Now2Source.com official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
e. Upload, post, email 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 under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party (such as copyrighted images);
g. Upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas
that are designated for such purpose;
h. Upload, post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
i. Interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
j. Intentionally or unintentionally violate any applicable local, state,
national or international law;
k. "stalk" or otherwise harass another; or
l. Collect or store personal data and/or company data about other users.
m. Involve in fraud or scams.
o. Deal in prohibited goods:
1. Ammunitions and firearms of any kind
2. Pornographic materials
3. Tobacco, cigarettes, tobacco products
You acknowledge that Now2Source.com does not pre-screen Content, but that
Now2Source.com and its designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, Now2Source.com and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content.
You acknowledge and agree that Now2Source.com reserve the rights to modify Content submitted to ensure search accuracy and any other system integrity.
You acknowledge and agree that Now2Source.com may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of Now2Source.com, its members, users
and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the country in which you reside.
7. PUBLIC CONTENT POSTED TO EXPORTERS.SG
(a) For purposes of the TOS, "publicly accessible areas of the Service" are
those accessible by the general public.
(b) With respect to Content you elect to post for inclusion in publicly
accessible areas of Now2Source.com, you grant Now2Source.com the world-wide, royalty
free and non-exclusive license to reproduce, modify, adapt and publish such
Content on the Service solely for the purpose of displaying, distributing and
promoting the specific Now2Source.com Trading Network to which such Content was
submitted, or, in the case of photos or graphics, solely for the purpose for
which such photo or graphic was submitted to the Service.
(c) With respect to all other Content you elect to post to other publicly
accessible areas of the Service, you grant Now2Source.com royalty free and
irrevocable, non-exclusive and fully sub-licensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such Content (in whole or part) worldwide
and/or to incorporate it in other works in any form, media, or technology now
known or later developed.
8. INDEMNITY
You agree to indemnify and hold
Now2Source.com, and its subsidiaries, affiliates, officers, agents, co-branders or
other partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post to or transmit through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or your
violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or access to the
Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that
Now2Source.com has no responsibility or liability for the deletion or failure to
store any messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that Now2Source.com reserves the
right to log off, suspend or remove accounts that are inactive for an extended period of time or
expired.
11. MODIFICATIONS TO SERVICE
Now2Source.com reserves the right at any time
and from time to time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice and shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Service.
12. TERMINATION
You agree that Now2Source.com, in its sole discretion,
may terminate your account (or any part thereof) or use of the
Service, and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use, expiry or Now2Source.com believes
that you have violated or acted inconsistently with the letter or spirit of the
TOS. In addition, Now2Source.com may terminate your account in cases of:
(a)
suspected of fraud and scam
(b) failed Authentication and/or Verification
checks conducted by Now2Source.com/partners
(c) trading of products that are
unlawful or violate copyrights
13. DEALINGS WITH ADVERTISERS AND AMONG MEMBERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers/members found on or through the Service, 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/member. You agree that Now2Source.com 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/members on the Service.
14. EXTERNAL LINKS
The Service may provide, or third
parties may provide, links to other World Wide Web sites or resources. Because
Now2Source.com has no control over such sites and resources, you acknowledge and
agree that Now2Source.com is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for
any Content, advertising, products, or other materials on or available from
such sites or resources and Now2Source.com also 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.
15. NOW2SOURCE
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through the
Service or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized by
Now2Source.com or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in
whole or in part.
16. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOW2SOURCE.COM EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b. NOW2SOURCE.COM MAKES NO WARRANTY THAT
(i) SERVICE
WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE, RECOMMENDATION, OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOW2SOURCE.COM OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOW2SOURCE.COM
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS
AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
17 AND 18 MAY NOT APPLY TO YOU.
19. NOTICE & ANNOUCEMENT
Notices and announcement to you may be made via
either email or regular mail. The Service may also provide notices of changes
to the TOS or other matters by displaying notices or links to notices to you
generally on the Service.
20. GENERAL INFORMATION
The TOS constitute the entire
agreement between you and Now2Source.com and govern your use of the Service,
superseding any prior agreements between you and Now2Source.com. You also may be
subject to additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software. The TOS and
the relationship between you and Now2Source.com shall be governed by the laws of
The Republic of Singapore without regard to its conflict of law provisions. You
and Now2Source.com agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of The Republic of Singapore. The failure
of Now2Source.com to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any provision of the TOS
is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect.