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PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND RESPONSIBILITIES, AS WELL AS LIMITATIONS AND EXCLUSIONS
WHICH ARISE OUT OF YOUR USE OF SURFIP.COM OR ANY OF ITS PRODUCTS.
SurfIP.com is a service provided by the Intellectual Property Exchange Pte.
Ltd., herein after referred to as “IPEXL”. In this Agreement, SurfIP.com includes
the SurfIP.com website and all information and data content on the website. “Listing(s)”
refers to information and content, including all Intellectual Property Rights
in the same, that are provided to IPEXL for display and download under the section
“IP Parade” on SurfIP.com The SurfIP.com Terms of Use, and the Privacy Policy
together form the Terms and Conditions which comprises a legal Agreement between
“You”, a user of SurfIP.com or its products, and IPEXL and governs “Your” use
of SurfIP.com and the products available through it. I. Acceptance
Your acceptance of each and all of these terms and conditions is indicated by
any of the following, whichever occurs first: a. By clicking the ‘I ACCEPT’
button at the end of the document, if it exists. b. By taking up any membership
or by any act or expression of acceptance of these terms and conditions on SurfIP.com
by You. c. By placing any order for products or services over SurfIP.com.
d. By providing IPEXL with any content and information and instructing IPEXL
to identify it as a Listing. II. Sections of the Agreement
Please review carefully the SurfIP.com Terms of Use and the Privacy Policy, which
are part of this document and incorporated by reference. III.
Relationship Between Parties
You agree that You and IPEXL are independent
contractors, and nothing in these Terms and Conditions shall be construed to create
a partnership, joint venture, agency, employment relationship or franchise relationship.
Neither party has the authority to enter into any agreement of any kind on behalf
of the other. This Agreement between You and IPEXL does not create any rights
of third parties under contract, tort or any other law, and for avoidance of doubt,
the same is hereby expressly excluded. A person who is not party to this Agreement
shall have no rights to enforce any of its terms and conditions. IV.
This section lays down the provisions of the SurfIP.com Terms of Use.
SurfIP.com Terms of Use 1. Intellectual Property
i. All content and technology available on or underlying IPEXL and Listing(s),
such as text, graphics, logos, button icons, images, audio clips are exclusive
to IPEXL and their respective owners. The compilation of all content (including
logos, images, audio clips and graphics) on this site is the exclusive property
of IPEXL. The trademarks, logos, and service marks displayed on the site are the
registered and unregistered marks of IPEXL. All other trademarks not owned by
IPEXL that appear on this site are the property of their respective owners, who
may or may not be affiliated with or connected to IPEXL. Except as expressly set
forth in the Agreement, neither the site, the Trademarks, nor any portion of the
site may be produced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any purpose without the prior written consent of IPEXL. ii.
IPEXL does not give any warranty and makes no representation that any Intellectual
Property (“IP”) provided on this site does not infringe the rights of any third
parties. IPEXL does not conduct any infringement searches, and thus does not warrant
that any such IP will be outside the scope of any patent or other IP right whether
registered or unregistered. 2. Access IPEXL grants You
a limited, revocable, non-transferable and non-exclusive license to access SurfIP.com.
This does not include the right to i. Modify or download the SurfIP.com
website or its content in ways and use them in ways other than that mentioned
expressly in the Agreement. ii. Attempt to reverse engineer the SurfIP.com
or any part of it, or create any derivative work based upon the SurfIP.com website.
iii. Use software robots, spiders, crawlers or similar data gathering and
extraction techniques that may impose an unreasonable burden or load on the infrastructure
of SurfIP.com iv. Attempt to violate the security of SurfIP.com, or aid
in such an endeavour. 3. Nature of Information IPEXL
does not provide legal or other advice in relation to Intellectual Property or
any other matters on this web site. The information contained in this web site
is not intended to be advice, and is only for general information. The information
available on this web site is not intended to be professional advice.It should
not be used as a substitute for independent professional advice and assistance.
IPEXL strongly recommends that such advice and assistance be obtained before you
make any commercial decisions. The information available on this web site is not
intended to be complete or exhaustive and may not be up to date or current. IPEXL
assumes no responsibility in relation to the Listing(s) or the Intellectual Property,
information and materials contained in them. IPEXL makes no warranty, endorsement,
claim or representation of any kind on the available content or the services mentioned
in the Listing(s). IPEXL cannot take any responsibility for the consequences of
errors or omissions in the Listing(s). 4. Account By
using SurfIP.com with or without any identification information (refered to herein
as “Account”) that You register for with SurfIP.com or by instructing IPEXL to
identify as Listing any information that you provide, You agree to provide true,
accurate, current and complete information. You agree to allow IPEXL to rely on
any information submitted by You in relation to Your activities and You Account.
You are responsible for maintaining the confidentiality of Your own Account and
for restricting access to Your computer, and You agree to accept responsibility
for all activities that occur under Your Account. You may not use a name in connection
with operating Your services that is confusing and misleading, or otherwise impersonate
or deceive anyone with respect to Your identity. You are required to provide
a valid email address that You currently use for uploading Listing(s). You take
complete responsibility for the validity and performance of this email address
at all times, and to update it promptly as required. Any change in the email address
will be deemed to have Your explicit approval, even when it is done by a third
party using Your Account. All communication shall be directed to this email address.
IPEXL does not accept any responsibility for communication undelivered, lost or
destroyed due to invalidity or expiry of the provided email address. It is Your
responsibility to ensure that all expected communication arrives at this email
address. Any record produced by IPEXL that the relevant communication was sent
out to You is enough proof to demonstrate complete responsibility and action on
behalf of IPEXL to communicate with You. You may not rely on wrongly entered email
address or any other reason related to email address performance to state otherwise
or ask for any compensation or remedial action from IPEXL. You have no rights
to view or rely on any communication that is not meant for You. IPEXL shall
not be responsible in any way for any consequence of activities carried out by
a third party under Your Account. You represent and warrant that the third party
has the authority to use Your Account and You agree that You shall accept all
liability for harm caused by the third party’s wrongful use of the site via Your
Account. IPEXL reserves the right to refuse service, terminate Accounts, remove
or edit content provided by You as part of Listing(s), or cancel Your Account
or any orders placed from Your Account for any reason, at the sole discretion
of IPEXL. 5. Security You, as a user, shall not violate
or attempt to violate the security of SurfIP.com and/or web sites linked to SurfIP.com.
This includes but is not limited to accessing data and information not intended
for You or logging onto a server or Account which You are not authorized to access,
attempting to probe, scan or test the vulnerability of a system or network or
attempting to breach security or authentication measures without proper authorization.
You shall not do anything or cause anything to be done which may be in breach
of the Internet Code of Practice, any regulations, guidelines, or instructions
in whatsoever form that the relevant law making body may issue from time to time.
If there has been unauthorized use or a breach of the security of Your Account,
it is Your responsibility to notify IPEXL immediately so that action can be taken.
You will be liable for any losses incurred till the receipt of such a notice is
confirmed by IPEXL. 6. Third Party Links IPEXL will not
be responsible for the content of any other sites linked to SurfIP.com. Links
appearing on SurfIP.com are not an endorsement or an indication of association
by IPEXL and should not be taken as such. Your linking to or from any other external
pages or any other sites is at Your own risk. IPEXL does not warrant the content
of offerings of such pages or sites, or assume any responsibility of liability
for the actions, products, or content of such pages and sites, including, without
limitation, their privacy statements and conditions of use. IPEXL shall not be
responsible or liable for any loss or damages of any sort incurred as a result
of dealings with or the presence of external links on SurfIP.com, nor be responsible
or liable for any computer viruses, system failure or malfunction which may occur
during hyperlink to third party sites. 7. Maintenance
IPEXL may from time to time deactivate or suspend users’ access to SurfIP.com
without prior notice in order to carry out system maintenance, upgrading, testing,
repairs and other related work. Without prejudice to the other provisions of this
Terms and Conditions, IPEXL shall not be liable for any loss and damage, costs
and expenses that You may suffer or incur, and no fees or charges, payable by
You to IPEXL shall be refunded or rebated, as a result of such deactivation or
suspension. . V. This section lays down the Privacy
Policy for SurfIP.com. IPEXL cares about the information You provide and its use.
Except as set forth here, You are assured that all reasonable steps will be taken
to protect the integrity of Your personal information. By accessing SurfIP.com,
You agree to accept the practices described in this Privacy Policy.
1. Information Collected When You register with IPEXL or upload Listing(s),
information collected may include Your name, address, email address, and/or contact
number. IPEXL also receives and stores certain other types of non-personally identifiable
information whenever You interact with us. For example, IPEXL servers track which
pages of the website are visited frequently. We automatically record Your IP Address
and SurfIP.com cookie information. SurfIP.com sets cookies on Your computer.
These cookies are necessary for tracking Your current and past orders. It is assumed
that You have enabled cookies on Your computer. IPEXL does not make any guarantee
regarding the behavior of the SurfIP.com website if cookies are disabled on Your
computer. 2. Information Sharing and Disclosure IPEXL
does not rent, sell, or share personal information about You with other people
or nonaffiliated companies except when IPEXL has Your permission, or under the
following circumstances: Provision of information to trusted third parties
who work on behalf of or with IPEXL under confidentiality agreements. IPEXL does
not grant any rights to these parties to share Your information, but is not responsible
for monitoring their use and does not accept any responsibility if they do so
to Your detriment. When IPEXL believes (in its sole discretion) that
it is necessary to share information in order to investigate, prevent, or take
action regarding illegal activities, suspected fraud, situations involving potential
threats to the physical safety of any person, violations of these Terms and Conditions,
or as otherwise required by law. 3. External Sites IPEXL
is committed to protecting Your privacy; however, this privacy notice applies
only to the information collected via the SurfIP.com website. If You enter SurfIP.com
from any other websites, or if You link to another site from SurfIP.com, please
be sure that You review the privacy policy of that site, as it may differ from
that of SurfIP.com. . VI. Limitations on Remedies
and Liabilities.
IPEXL makes no representations or warranties, express
or implied, including on the condition, suitability, reliability, availability,
completeness, accuracy, security or timeliness of the information and content
on SurfIP.com and Listing(s) and any other products or services that are offered
through SurfIP.com. IPEXL hereby disclaims all representations, warranties and
conditions, express or implied, with regard to the information and content, including
all implied warranties and fitness for a particular purpose, title or non-infringement.
In no event shall IPEXL be liable, whether in contract, tort or otherwise, for
any interruption, suspension or termination of services provided and any indirect,
punitive, incidental, special, exemplary or consequential damages including without
limitation, access delays or disruption costs, lost savings or profits, lost or
corrupted data or business interruption even if IPEXL is notified in advance of
such possibility. This includes damages incurred by You, Your customers or any
third party. You confirm and agree that in the event IPEXL violates
any provision in this Terms and Conditions, and determines that repair or other
corrective action is not economically or technically feasible, Your sole and exclusive
remedy will be to apply for a refund of fees in full amount paid by You for the
products affected. VII. Indemnity
(a) You agree to
defend, indemnify and hold harmless IPEXL against all losses, direct or indirect,
claims, demands, damages, expenses including attorney fees, or liabilities whatsoever
including but not limited to defamation, infringement of intellectual property
rights or bodily harm arising out of Your use of SurfIP.com. (b) You
hereby expressly agree that You shall indemnify, and hold harmless IPEXL against
any action or claim by any third party and/or damages (including costs) that may
be awarded to any third party in the event of any infringement by You of third
party Intellectual Property rights including but not limited to patent, copyright,
registered design or trade mark rights. VIII. Jurisdiction and
Disputes
Except for certain injunctive relief authorized under this
Agreement, the parties agree that all rights and obligations under these Terms
and Conditions and the settlement of disputes that may arise between You and IPEXL
as a result of Your use of SurfIP.com are governed by all applicable laws of the
Republic Of Singapore. IX. Changes to Policy.
IPEXL
may update the Terms and Conditions of this Agreement at any time. IPEXL will
notify You about significant changes in the way it treats personal information
by placing a prominent notice on the SurfIP.com site. Changes come into effect
immediately after these steps have been carried out, unless otherwise stated by
IPEXL. X. General
You acknowledge and agree that these
Terms and Conditions constitute the complete and exclusive agreement between You
and IPEXL concerning Your use of the SurfIP.com, and supersedes and governs all
prior proposals, agreements, or communication. You may not assign part or
all of Your rights and obligations under this Agreement without prior written
consent from IPEXL and any attempt to the contrary will be void and considered
a material breach of the Agreement. Your continued use of the Site constitutes
Your agreement to all such Terms and Conditions. IPEXL may, with or without notice,
terminate Your rights granted by these Terms and Conditions. You shall comply
immediately with any such notice. Nothing contained in these Terms and Conditions
shall be construed as creating any agency, partnership, or other form of joint
enterprise between the You and IPEXL or the third parties mentioned in SurfIP.com.
The failure of IPEXL to require Your performance of any provision hereof shall
not affect the full right to require such performance at any time thereafter;
nor shall the waiver by IPEXL of a breach of any provision hereof be taken or
held to be a waiver of the provision itself. In the event that any provision of
these Terms and Conditions and Privacy Policy shall be unenforceable or invalid
under any applicable law or be so held by applicable court decision, such unenforceability
or invalidity shall not render this Agreement unenforceable or invalid as a whole.
IPEXL will amend or replace such provision with one that is valid and enforceable
and which achieves, to the extent possible, the original objectives and intent
of IPEXL as reflected in the original provision.
NOTHING FOLLOWS
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