TERMS AND CONDITIONS
BreakingAsia.com is an internet-based online information and communication service provided by BreakingAsia (as defined in Clause 1 of this BreakingAsia.com Agreement). Please read the terms and conditions of this BreakingAsia.com Agreement (as defined in Clause 1 of this BreakingAsia.com Agreement) carefully before accessing to and/or using the BreakingAsia.com Service (as defined in Clause 1 of this BreakingAsia.com Agreement). These terms and conditions are only available in the English language. By accessing to, continuing to access to, using and/or continuing to use the BreakingAsia.com Service irrespective of the delivery platform or device you use to access it, you agree to abide by the terms and conditions of this BreakingAsia.com Agreement. If you do not agree with the terms and conditions of this BreakingAsia.com Agreement, you should not access to or use any of the BreakingAsia.com Service.
The following definitions should apply in this BreakingAsia.com Agreement unless otherwise stated.
“Computer” means your computer, notebook, personal digital assistant, tablet, mobile phone, smartphone, television and/or other electronic device now known or later developed used to access to and/or use the BreakingAsia.com Service.
“Content” means the data, information, materials, text, songs, audio, video, photos, graphics, charts, maps, messages, blogs, ideas, comments, suggestions and/or other content.
“Discussion Forum” means the online discussion forum(s) and blog(s) on the BreakingAsia.com Website.
“BreakingAsia” means individually and collectively Breaking Asia and/or its ultimate holding company(
“BreakingAsia.com Agreement” means this BreakingAsia.com online service agreement setting out the terms and conditions of a legally binding agreement between you and BreakingAsia and governing your access to, continuance of access to, use of and/or continuance of use of the BreakingAsia.com Service.
“BreakingAsia.com Service” means online information and communication service which is available for viewing or otherwise by accessing the Content on the BreakingAsia.com Website and/or through its mobile websites, applications, newsletters and/or other news aggregators and/or for access to and use of the Discussion Forum, where applicable, subject to the terms and conditions of this BreakingAsia.com Agreement.
“Third Party Content” means products and services of third parties which are and/or have been advertised or presented on the BreakingAsia.com Service.
“Third Party Products” means products and services of third parties which are and/or have been advertised or presented on the BreakingAsia.com Service.
“Your Content” means all the Content that you have made available or presented on the BreakingAsia.com Service.
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. BY READING AND/OR USING ANY OF THE CONTENT FROM THE “BREAKINGASIA.COM” WEBSITE, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS FULLY, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, (iv) YOU ARE LEAST 18 YEARS OLD, and/or (v) IF YOU ARE UNDER 18 YEARS OLD, USERS UNDER 18 YEARS OLD ARE PROHIBITED FROM USING THE SITE FOR ANY PURPOSE. BY USING THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
I. WHAT IS BREAKINGASIA.COM?
1. BreakingAsia.com, hereafter known as “BreakingAsia.com,” “Breaking Asia,” “BreakingAsia”, “we,” “us,” “we’re,” “we’ve, or “our” is a online source that provides content such as News and information for all subjects related to Asia or beyond.
II. ACCESS TO OUR INFORMATION
A. General Restrictions on Use
1. The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to any of this information, hereafter the “Information,” to any third-party. You may use Information only for personal purposes or to learn more about BreakingAsia.com or potential employment with BreakingAsia.com.
2. You agree not to solicit BreakingAsia.com or approach BreakingAsia.com about any investments. Except as expressly stated herein, no part of the Information may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete, and current.
3. In consideration for reading or using the “BreakingAsia.com” website, also known as “BreakingAsia.com“, “Breaking Asia”, “BreakingAsia”, “You,” “Customer,” or the “User” agree to the following terms and conditions (the “Terms”) in regards to any of the content (“Information”) contained within this Site. BreakingAsia.com. These Terms cover both the BreakingAsia.com and parent company.
III. OWNERSHIP AND INTELLECTUAL PROPERTY
1. As between you and us, we, as applicable, retain all right, title, and interest in BreakingAsia.com and the Information, and all related intellectual property rights. BreakingAsia.com reserves all rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via website, or the Information. If you provide BreakingAsia.com any personal information, feedback, or suggestions regarding the website or Information (“Feedback”), you hereby assign to BreakingAsia.com all rights in the Feedback and agree that BreakingAsia.com shall have the right to use such Feedback and related information in any manner it deems appropriate. BreakingAsia.com will treat any Feedback you provide to BreakingAsia.com as non-confidential and non-proprietary. In addition, BreakingAsia.com shall treat any personal information you provide as confidential and by submitting such information, you agree to allow BreakingAsia.com to use any related information in any manner it deems appropriate. You agree that you will not submit to BreakingAsia.com any information or ideas that you consider to be confidential or proprietary.
2. Accordingly, except as maybe expressly authorized, no information or material contained on this website may be reproduced, transmitted, displayed or commercially exploited without the prior written consent of BreakingAsia.com.
3. Copyright © 2018 BreakingAsia.com All Rights Reserved. All rights reserved. All trademarks, logos and Information marks (“Marks”) displayed on its website or in the Information are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
4. We respect the intellectual property of others and ask that you do the same. In connection with our Information, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users of our website who are repeat infringers of intellectual property rights, including copyrights.
III. THIRD-PARTY OFFERINGS
1. You may be able to access other websites, content, or products provided by third-parties via hyperlinks (“www.BreakingAsia.com.com”) that are made available on the BreakingAsia.com website. We refer to all such content, websites, and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products on the website, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.
2. BreakingAsia.com does not assume any responsibility or liability for information accessed via links to or from community Customers third party websites. The existence of such links should not be construed as an endorsement, approval or verification by BreakingAsia.com of any content available on linked websites from community Customers. Community Customers may provide links to their personal or business websites as an accommodation to you and solely for information purposes. By providing access to other websites, BreakingAsia.com is not recommending the purchase or sale of products or services provided by the sponsoring organization or community Customer of any linked websites. BreakingAsia.com does not review, monitor or supervise the content of any linked websites. If you choose to access a linked website, you do so at your own risk.
IV. USER CONTENT
A. User Content.
1. “User Content” means any and all information and content that a User submits to, or uses with, the website or Information (e.g., content about student, photographs, or other postings). You are solely responsible for your User Content and assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by BreakingAsia.com. Because you alone are responsible for your User Content (and not BreakingAsia.com), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. BreakingAsia.com is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
2. User acknowledges that Users may, from time to time, submit photographs or audio testimonies of themselves to attest to their experiences with the website. You hereby grant permission to BreakingAsia.com for the use of such photograph(s), audio recordings, or electronic media images in any presentation of any and all kind whatsoever. User understands that BreakingAsia.com may use such recordings and images for advertising and marketing purposes and User give their permission to do so. User understands that they may revoke this authorization at any time by notifying BreakingAsia.com in writing. The revocation will not affect any actions taken before the receipt of this written notification. Images will be stored in a secure location and only authorized staff will have access to them. They will be kept as long as they are relevant and after that time destroyed or archived.
C. Acceptable Use Policy
3. The following sets forth BreakingAsia.com’s “Acceptable Use Policy.” You agree not to use the website or Information to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, and (vii) you shall not, without prior written approval of BreakingAsia.com, use for your own commercial or financial benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of BreakingAsia.com.
4. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy, referred to in VIV(C)(3), or any other provision of these Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying or terminating your access to BreakingAsia.com website, and/or reporting you to law enforcement authorities. All Users must register with admin any violations. Any violations may be enforced to the fullest extent of the law.
5. Injunctive Relief. A breach of this Agreement may cause irreparable and continuing damage to BreakingAsia.com for which money damages may be insufficient, and BreakingAsia.com shall be entitled to injunctive relief and/or a decree for specific performance and such other relief as may be proper (including money damages if appropriate).
E. Other Users
6. Each User is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users are solely between you and such User. You agree that BreakingAsia.com will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any website or Information User, we are under no obligation to become involved.
1. By using the website, you agree that BreakingAsia.com has permission from you to send you updates and occasional emails. You acknowledge that you will not file can type of claim against BreakingAsia.com for doing so, such as for example and without limitation, harassment, spam, or intentional infliction of emotional distress. User acknowledges that should they send a request to BreakingAsia.com in writing then any updates and emails shall cease.
VI. LEGAL DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF LIABILITY
1. BreakingAsia.com is an equal opportunity employer. BreakingAsia.com does not discriminate on the basis of race, ethnicity, religion, sex, color, national origin, gender, sexual orientation, genetic information, age, disability, or marital status in its hiring or employment practices.
2. BreakingAsia.com disclaims any and all liability regarding any of the content provided by the User. We have no way to verify that any of the information listed by User is accurate, up-to-date, or fraudulent. Should reliance on any of the User Content result in some kind of cause-of-action or injury to the User, known or unknown, BreakingAsia.com shall have no liability or responsibility.
3. Customer is aware that BreakingAsia.com is for entertainment purposes only,.
4. Although the Information in BreakingAsia.com is informative, there is no guarantee that any reliance upon this information may necessarily meet the expectations of the User who relies upon it. Again, this information is for entertainment purposes only and BreakingAsia disclaims any liability for any detriment or consequence that my befall User, including any financial detriment, for any reliance upon such Information.
5. A. Being aware of the above, the Customer takes any information and services from BreakingAsia.com at their own risk. By using any of the information or services, the Customer agrees not to sue BreakingAsia.com, or any of its agents, employees, family members, acquaintances, or officers. (collectively hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, breach of contract, service liability, and causes of action whatsoever arising out of or related to any loss, breach of contract, breach of warranty, damage, or injury that may be sustained by the Customer, should there be any injury for reliance on any information, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, negligence, or otherwise, to the fullest extent allowed by law.
B. RELEASE AND WAIVER OF LIABILITY. Customer recognizes that there are hazards and risks connected with using such services and that nothing is certain. User agrees to defend, indemnify and hold harmless RELEASEES against any loss, damage or expense incurred by reason of any claim or liability based upon loss or damage arising out of the negligent or intentional action of User.
C. HOLD HARMLESS AND INDEMNIFICATION. User agrees that should any claim or cause of action be made against RELEASEES by a third-party, User agrees to hold harmless and indemnify RELEASEES, including, but not limited to, court costs and attorney fees.
5. By using any of the information or services offered by BreakingAsia.com, Customer agrees to waive any liability and hold RELEASEES harmless of any claims, torts, breach of contract, breach of warranty, acts of negligence, or injuries, whether known or unknown.
6. Customer also agrees that RELEASEES cannot be held accountable for how Users choose to use or treat the information given. RELEASEES shall not be liable for any copyright violations committed by User, and agrees to indemnify and hold harmless RELEASEES in case any third party claim is made against RELEASEES. This includes reimbursement for any court costs and attorney fees.
VI. CANCELLATION / REFUND POLICY
1. BreakingAsia.com is currently free for all to use in the public domain, however in the event our site will start to charge for products or services; BreakingAsia.com may, in its sole discretion, determine whether a full or partial refund, if any, may be issued. If, for example, BreakingAsia.com determines that there was a technical error on behalf of BreakingAsia.com or there was negligence on its behalf, BreakingAsia.com may determine that a refund is warranted.
2. If BreakingAsia.com is to consider any refund requests, they must be made via email within 3 Days of the incident.
V. DECLINED PAYMENTS
1. BreakingAsia.com reserves the right to apply an administration charge should a customer’s payment default on paying for services due to declined credit cards or insufficient funds.
2. Customer agrees to be responsible for any payment made to BreakingAsia.com that becomes defaulted, and in which any late charges or default fees become attached. In addition, if a payment made by Customer is in error and reversed, the Customer shall be responsible to BreakingAsia.com for any error charges that may occur processing the bad payment.
7. The website and all information, content, materials and information related to the foregoing, are provided “as is” and “as available” and to the fullest extent permissible under applicable law, we and our affiliates disclaim all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, course of dealing, usage, trade practice, title, non-infringement, non-interference, and accuracy of data. Applicable law may not allow the exclusion of certain implied warranties, so the above exclusion may not apply to you. We and our affiliates do not warrant that your use of the website or Information will be uninterrupted, error-free or virus free. The submission of any user content and the download or upload of any material through our website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that may result from the download or upload of any such material or from reliance upon the website or information, and you are advised to maintain offline backup copies of all user content. We are not the provider of, and make no warranties with respect to, any third-party offerings. We do not guarantee the security of any information transmitted to or from the website or information; and you agree to assume the security risk for any information you provide using the website or information.
8. BreakingAsia.com expressly disclaims all warranties, expressed or implied, as to the accuracy of any the User content provided, or as to the fitness of the information for any purpose.
9. No representation or warranty is made that the website or information provides comprehensive or accurate information. We reserve the right to filter, modify or remove content, media, information or any other material from the website or information and from the output of the website or information.
10. You also agree to indemnify, hold harmless and, at our option, defend our website, including our affiliates, officers, directors, employees, agents, and any third-party information providers, from and against all damages, claims, demands, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from any violation of these terms or applicable law or your user content.
11. LIABILITY LIMITATION. Irregardless of above, should RELEASEES found to be liable to you, the Customer, you agree that the most RELEASEES shall be liable for is what Customer has already previously paid to RELEASEES for the purchase of its services.
VII. GENERAL PROVISIONS
1. Modifications to Terms. We may change these Terms from time to time. If you object to any such
changes, your sole recourse will be to cease using the website and reading any more of the Information. Continued use of the website or the Information following posting of any such changes will indicate your acknowledgment of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
2. Modifications to Information. We reserve the right to modify the website and/or Information at any time without notice. If you object to any changes to the website or Information, your sole recourse will be to cease using the website and Information. Continued use of the website or Information following posting of any such changes will indicate your acknowledgment of such changes and satisfaction with the Information as so modified. We also reserve the right to discontinue the website and/or Information at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the website.
3. Severability. If any provision (or portion of thereof) of these Terms and Conditions is declared by an arbitrator, mediator, or court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and, as far as possible, the arbitrator, mediator, or court shall limit the scope or application of the affected clause to the least extent possible in order that it may be valid and enforceable.
4. Governing Law. I hereby further agree that these Terms and Conditions shall be construed in accordance with the laws of the State of Delaware and the County of Kent, and that any mediation, suit, or other proceeding must be filed only in that jurisdiction, even if Customer is outside that jurisdiction.
5. Remedies. Both parties agree that any controversy or claim arising out of or relating the Terms and Conditions shall be first settled by arbitration. Both parties agree that any arbitrator needs to be mutually agreed upon. Should arbitration fail, both parties agree to have their legal issue be heard before a mediator that both parties need to mutually agreed upon. Should mediation fail, both parties agree that they may then have their legal issue resolved by the courts.
6. Legal Fees. In the event of any legal or equitable proceeding (arbitration or mediation) arising out of or in connection with the parties’ obligation under these Terms and Conditions, the prevailing party shall recover its reasonable attorneys’ fees and costs, including reasonable costs for experts. The prevailing party shall be the party who obtained substantially the same remedy requested, whether by judgment, appeal, settlement, or award.