You are granted the limited right to view and use the Site only for the purposes of viewing or uploading videos and accessing all information and services. We reserve the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site.
2. Limited License to Site
If you violate these Terms, we may terminate or cancel your access rights to the site immediately without notice. We may also block your use of the site. We reserve the right at any time to modify or discontinue the site or any part thereof and you agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or any part thereof. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to us. Unless you have received specific written permission from us, you may not:
(a) "Frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the site (b) Alter or modify any content on the site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the site for any commercial purpose. The site may allow users to upload, post, and/or distribute user submitted content. Use of the site for this purpose is subject to the following conditions:
- You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are transmitted to or via the site are the sole responsibility of the person from which the Materials originated. This means you, and not us, are entirely responsible for the Materials you transmit through the Site.
- You shall not create a user name or video to distribute through, or otherwise publish through the site, any Materials which are libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, illegal or harassing, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships.
- Your Materials will not disparage in any manner defytheordinary.sg, its owners, advertisers, products, or services and sites.
- Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
- You shall not upload to, distribute through or otherwise publish through the site any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods, or services, including content, or otherwise engage in any commercial activity. You agree that soliciting other users to join or become users or members of any commercial online web site or other organization, or to provide Materials to any other organization, is expressly prohibited.
- You shall not upload to, distribute through or otherwise publish through the site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- You shall not act in a manner that negatively affects other users' ability to interact with the site.
- You shall not collect or store personal data about other users.
3. Submitted Content:
License Grant and Warranties
By uploading your Material on our site, in addition to other provisions of the Terms, you automatically grant the PREVVIEW PTE LTD, successors, assignees, and licensees and parent, subsidiary and other affiliated entities, a non-exclusive, fully-paid, world-wide, perpetual, royalty-free license to modify, publicly display, publicly perform, distribute, and reproduce the Materials in any manner and in any medium, including, without limitation, in the form of commercial advertisements, through physical copies such as still photos, videos, and CDs, by television by any means, or on or via the Internet, including, without limitation, the World Wide Web, and any other two-way transmission control protocol / internet protocol (TCP/IP) based distribution network or similar networks or technologies now known or hereafter to become known, including, but not limited to, delivery via such a network to personal computers, hand-held devices, and television set-top boxes through telephone or cable lines, or wirelessly through broadband, satellite, cellular or terrestrial broadcast networks and other similar networks or technologies whether now existing or hereafter developed. You obtain no rights in any form, media, or technology incorporating the Materials. You represent and warrant that
- you have the legal right and authority to grant the rights granted herein
- neither the Materials nor exercise of the rights granted to PREVVIEW PTE LTD under this Agreement, including, without limitation, the public display, public performance, distribution, or reproduction of the Materials, or portions or derivative works thereof, will violate or infringe upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal, contractual or property right of any person or entity anywhere in the world,
- the Materials do not constitute a libel or defamation of any third party
- you are the sole owner of the Materials and all rights therein, and that the Materials are original to you.
5. Password & Security
You are responsible for maintaining the confidentiality of YOUR password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You acknowledge, consent and agree that we may access, preserve, and disclose your account information and Material if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- comply with legal process
- enforce these Terms
- respond to claims that any of the Materials violate the rights of third-parties
- respond to your requests for customer service
- protect the rights, property, or personal safety of us, our users and the public.
You agree that by participating in our contests, you will abide by all the rules and be subject to all the terms and conditions the contest, in addition to these Terms. You agree that you the Profile Page under your name and email address and the person in the video must be you or represent you.
7. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Singapore.
You agree to indemnify and hold us - PREVVIEW PTE LTD, affiliates, officers, agents, partners and employees - harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks. 8a. Disclaimer Of Warranties THE SITE AND RELATED APPLICATIONS, MATERIALS AND SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. WE HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE (B) ANY DUTIES OF REASONABLE CARE, WORKMAN-LIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. IN ADDITION, WE DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
9. Assumption of Risks
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY INFORMATION OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION.
10. No Incidental, Consequential or Certain Other Damages
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, VIDEO APPLICATION OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY.
11. Limitation of Liability And Exclusive Remedy
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY US OR ANY OF OUR AFFILIATES OR AGENTS SHALL BE - SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON SINGAPORE YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. General Practices Regarding Use and Storage
You acknowledge that we may establish general practices and limits concerning use of the service, including without limitation the maximum number of days that Materials will be retained by the site, the maximum number of Materials that may be sent from or received by an account and the maximum size of any Materials.
13. Our Proprietary Rights
You acknowledge and agree that the Site 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 site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the site or the software, in whole or in part. You agree not to nor get a third party to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the site.
14. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.
15. Notice and Amendments
We may provide you with notices, including those regarding changes to these Terms, by e-mail (provided to us upon registration). Any use of the site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the site. With respect to our notices to you, we may provide notice of amendments by posting them in the site and you agree to check for changes.
16. Procedure for Making Claims of Copyright or Intellectual Property Infringement
If you believe that your work has been copied on PREVVIEW PTE LTD website in a way that constitutes copyright infringement, please notify us immediately, and include the following:
- Your physical or electronic signature, as the owner of an exclusive right that is allegedly infringed or as a person authorized to act on the owner's behalf.
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing, or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and any information reasonably sufficient to permit us to locate the material. Providing URLs in the body of an email is the best way to help us locate the content quickly.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of, is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or a person authorized to act on the owner's behalf.
Please also note that under Section 12.1.7, the Copyright Act confers on the copyright owner the exclusive right to do, or to authorise others to do, certain acts (‘primary infringements’) in relation to a work, or subject matter like sound recordings, and films, such as:
- to reproduce the work in a material form;
- to publish the work if the work is unpublished;
- to perform the work in public;
- to make an adaptation of the work or to do any of the above in relation to an adaptation;
- to communicate the work to the public;
- to make a copy of the sound recording or film;
- to cause the film, insofar as it consists of visual images, to be seen in public.
- exhibiting in public of any article where the infringer knows, or ought reasonably to know, that the article was made without the copyright owner’s consent;
- falsely attributing the authorship of a work or the identity of the performer of a performance; and
- falsely removing or altering the rights management information electronically attached to a work.
17. General Information
Entire Agreement. These Terms constitute the entire agreement between you and us and govern your use of the site, superseding any prior agreements.
Resolution of Disputes. You agree that any controversy arising out of or in connection with our relationship, or a dispute with reference to these Terms, their validity or effect will be governed by the laws of Singapore. Any controversy arising out of or in connection with use of the site or these Terms, their validity or effect, will be conclusively determined by arbitration in Singapore in accordance with the rules of the Singapore Arbitration Act provided, however, that such arbitration will be held before a single arbitrator selected by the parties, which arbitrator must be well acquainted with the digital entertainment Internet industry. You agree that any proceeding that you may choose to bring against us will be initiated within six (6) months after the alleged date of the event bringing rise to such dispute. You waive any and all rights and benefits which you or we might otherwise have or be entitled to litigate any such dispute in court, because it is your intention to arbitrate all such disputes according to the provisions hereof. The arbitrator's decision will be controlled by these Terms. Any such decision and accompanying award will provide for each party, respectively, to bear its own costs of arbitration and attorneys' fees. The pendency of an arbitration, the proceedings, any evidence or other material, and any award shall be maintained and remain confidential, except that an award may be confirmed by the Singapore Arbitration Court if it has not been fully satisfied within 14 days of its issuance.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by the Singapore Arbitration Court to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
Please report any violations of these Terms to us at firstname.lastname@example.org.