You have been issued with an identification designation based on the Email ID you have provided, password ("Password") and account designation specific to your Email account. Your Email ID and Password will not be known or disclosed to any party except the administrators of the Portal and its employees, agents, servants and contractors (the “Administrators”) , strictly on a "need-to-know" basis. However, the Administrators shall be at liberty to disclose the User ID, Password or Account contents to any third party, regulatory authority or other agency (whether Government or otherwise), if required to do so by any law, regulation or court order; or if MDA deems that such disclosure is necessary to carry out its duties, functions and obligations.

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to the Portal will always be accurate, correct and up to date.
You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOS, and to abide by and comply with these TOS.
While users are allowed to submit an unlimited amount of media, the size of each video clip to be uploaded is limited to 10 MB.  If the total size of the media is larger than 10MB, you will need to break it into parts of 10MB each. The Portal only accepts video format in the form of WMV.
You shall :-

(i) be solely responsible for maintaining the confidentiality of your Email ID, Password and Account;

(ii) shall immediately notify the Administrators of any theft or unauthorized use of your Email ID, Password and Account or any other breach of security;

(iii) log out of your browser immediately at the end of each of your sessions on the Portal, so as to ensure that others cannot access your Account or personal information and correspondence;

(iv) not disclose your Email ID or Password to any third party;

(v) be solely responsible for any activities that take place through your Email ID or Password and for the contents of your Account.

MDA shall in no way whatsoever be liable to you for any loss, damage, costs, expense incurred by you as a result of, arising out of or in connection with the wrongful or fraudulent use of your Email ID or Password or Account, whether by you or any third party.

You shall not acquire any rights, title, interests over your Email ID or Password or Account and you agree and acknowledge that the Administrators shall be entitled (in its sole discretion) to terminate the use of the same at any time whatsoever, without having to furnish any reasons. Upon such termination, you shall no longer be entitled to use or access your Email ID, Password or Account and the Administrators may deactivate or delete your Email ID, Password and Account and delete all related information and files in your Account.  The ASEAN Secretariat and MDA shall not be liable to you or any third party for any termination of your User ID, Password, Account or the contents thereof.

At all times, your use of your User ID, Password, Account and the contents thereof shall be subjected to the terms and conditions set out in this Agreement and in the Privacy Policy.
 
Copyright

The content on this Portal, except all submissions by users, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos, are owned by or licensed to ASEAN Secretariat, and subject to copyright and other intellectual property rights under Singapore and foreign laws and international conventions. Content on the Portal is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, adapted, distributed, transmitted, broadcast, communicated to the public, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
MDA or ASEAN Secretariat does not claim ownership rights to your work submitted on the Portal (the “Work”). Should you wish to submit Work on the Portal, you hereby acknowledge and accept that your Work shall be made available to all users of this Portal through the Service on such terms and conditions as may be specified by MDA from time to time. By the submission of your work agree to grant to MDA and the ASEAN Secretariat a non-exclusive, royalty-free perpetual license to use, reproduce, distribute, re-format, store, prepare derivative works (including adaptations) based on, and publicly display, perform or otherwise communicate to the public the content in the Work. Please note that when you upload the Work, you allow third parties to copy, distribute and display the Work. You should therefore make your own decision on whether to submit and upload the Work based on commercial consideration and personal judgment.

 

 

As the author or producer (or agent, employee or independent contractor thereof) of the Work, you hereby warrant to MDA, its assignees and licensees:
1. that you have the full power, authority and mandate to make this Agreement.

2. that you are or will by the time of production or publication of the Work be the owner of the copyright in the entire Work.

3. that where copyright ownership is not possible, you have been or will be granted a copyright licence in respect of such constituent part in a form which the MDA has agreed in writing to accept as fulfillment of this warranty in lieu of ownership of the copyright;

4. that neither the publication of the Work by MDA (on this Portal or otherwise) nor any action taken pursuant to these Terms of Service will infringe any rights of any third party;

5. that the Work has not previously been published in any form in any part of the world; and

6. that the Work is not and will not be defamatory, blasphemous, obscene, against public interest, public security, public order, national harmony or be in any other way unlawful and/or contrary to the laws of the Republic of Singapore or any ASEAN member country.

The ASEAN Secretariat and MDA do not in any way whatsoever warrant, represent or endorse the accuracy or reliability of any information, materials, Content or Work displayed or distributed through this Portal including but not limited to any advice, opinion, statement, or other information. You acknowledge that any reliance upon any such information, materials, Content or Work shall be at your sole risk.
The ASEAN Secretariat and MDA will not in anyway be responsible for the nature of the content in your Work being submitted. MDA has no ability to control the content in the Work you may upload, post or otherwise transmit using the Service and cannot review all materials and Content posted by users for any purpose.  MDA has the right but not the obligation to monitor and edit or remove the Work or any part thereof in its sole and absolute discretion whether pursuant to any Order of Court, the operation of Part IXA of the Singapore Copyright Act (Cap 63) or in the opinion of MDA is in breach and without further notice to you. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.
You hereby waive all rights to any claim against ASEAN Secretariat or MDA for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such content found on the Portal.
Except as otherwise provided, the Content of this Portal shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way.
Modification of any of the Content or use of the Content for any other purpose will be a violation of the MDA’s copyright and other intellectual property rights. Graphics and images on this Portal are protected by copyright and may not be reproduced or appropriated in any manner.
All Content uploaded by users is subjected to the review of the administrator in the respective Asean country (the “Country Administrator”) and prior to it being available on the Portal. The Country Administrator reserves the right to accept or reject any uploaded Contents without prior consent from you.

 

As a condition to using the Service, you agree to the terms of the Privacy Policy as may be updated from time to time. Please also review the Privacy Policy, which also governs your use of the Portal.
 ASEAN Secretariat understands that privacy is important to you. You do, however, agree that the Administrators  may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these TOS and the Privacy Policy.
You represent and warrant that you own or otherwise control all of the rights to the content in the Work that you post; that the Work will not cause injury to any person or entity, and that you will indemnify and keep indemnified the Administrators, all its officers, agents, employees, content and information providers, licensors and licensees against any claims resulting from the Work you submit.

The Administrators may monitor your use of this Portal, and may freely use and disclose any information and materials received from you or collected through your use of this Portal for any lawful reason or purpose.   
Representations and Warranties
You hereby further represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through this Portal any materials or Work which :-

(i) may restrict or inhibit any other user from using and enjoying this Portal,

(ii) are unlawful, threatening, harmful, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, threatening, sexually explicit or indecent,  
(iii) may constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,

(iv) may violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right in any jurisdiction,

(v) may contain any viruses, Trojan horses, worms, time bombs or other harmful component designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any data or information contained therein,

(vi) may constitute or contain false or misleading indications of origin or statements of fact,

(vii) may interfere with or disrupt the operation and functionality of this Portal, servers or networks connected to this Portal or the Service,

(viii) may constitute unsolicited or unauthorized advertising, promotional material, "junk mail", "spam", "chain letter", "pyramid schemes" or any other form of solicitation except in those areas on this Portal that are designated for such purpose,

(ix) "stalk" or otherwise harass another,

(x) collect or store personal data about other users, or

(xi) may constitute information, the publication, dissemination, distribution or disclosure of which may violate or contravene or be prohibited by the provisions of the Official Secrets Act (Cap 213) or any other applicable laws of the Republic of Singapore.

This Portal, including all content, software, functions, services, materials and information made available on or accessed through this Portal, is provided on an "as is" basis. To the fullest extent permissible by law, the ASEAN Secretariat and MDA makes no representation or warranties of any kind whatsoever for the Service, software, content on this Portal or the Work, materials, information submitted through the Service, and functions made accessible by the software used on or accessed through this Portal, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this Portal or any linked site. You expressly agree that your use of the Service is entirely at your sole risk.
Further, to the fullest extent permissible by applicable law, MDA disclaims any express or implied warranties, including, without limitation, non-infringement of third-party rights, reliability, accuracy, timeliness, performance of the Service, merchantability or fitness for a particular purpose. ASEAN Secretariat and MDA does not warrant or represent that the accessibility of this Portal, the Service or the functions contained in this Portal or any materials or Content contained therein will be uninterrupted or error free, that defects will be corrected, or that this Portal or the server that makes it available is free of viruses or other harmful components. The ASEAN Secretariat and MDA shall not be liable for the use of this Portal, including, without limitation, the Content, Work, Service and any errors contained therein.
You specifically acknowledge that the ASEAN Secretariat and MDA are not liable for your defamatory, offensive or unlawful conduct or such conduct by third parties and you expressly assume all risks and responsibility for damages and losses arising from such conduct.
You acknowledge and agree that your use of this Portal and all Content, functions, Service, materials and information made available on, or accessed through this Portal, and obtained through internet, WAP or any other communication channels, are at your sole risk. In no event shall the ASEAN Secretariat and MDA be liable to you or any party for any damages, claims, expenses or losses of any kind (whether direct, indirect, incidental, punitive, exemplary and/or consequential) arising from or in connection with any use of and/or reliance on the accuracy, availability, currency, title, non-infringement, quality, reliability, suitability and/or completeness of the software, functions, Service, materials and information, Work or Content of this Portal or any part thereof.

In no event shall the ASEAN Secretariat and MDA be liable to you or any party for any damages, claims, expenses or losses of any kind (whether direct, indirect, incidental, punitive, exemplary and/or consequential) arising from failure to transmit, delay in transmission, or errors and inaccuracies during transmission of information via the internet, WAP or any other communication channels, even if the ASEAN Secretariat and MDA have been advised of the possibility of such damages, claims, expenses or losses.
In addition, you agree that the ASEAN Secretariat and MDA shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special or consequential damage or economic loss arising from or in connection with:

(a) any access, use or the inability to access or use this Portal;

(b) any system, server or connection failure, error, omission, interruption, delay in transmission or computer virus;

(c) any use of or access to any other website linked to this Portal;

(d) any services, products, information, data, software or other material obtained
 
from this Portal or from and any other website linked to this Portal,

even if the ASEAN Secretariat and MDA or their agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other website are not an endorsement or verification of such websites and such websites should only be accessed at your own risk.

Some jurisdictions do not permit the exclusion of certain warranties or the exclusion or limitation of liability for incidental or consequential damages and accordingly, some of the above limitations may not apply to you. In such jurisdictions, the ASEAN Secretariat’s and MDA’s liability is limited to the greatest extent permissible by applicable law.

You hereby agree to indemnify, defend and hold the ASEAN Secretariat and MDA, and all their officers, directors, owners, agents, employees, content and information providers, affiliates, partners, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any information , Work or Content which you submit, post or transmit or make available on this Portal, your use of this Portal, any breach by you of these TOS or the foregoing representations, warranties and covenants, including, without limitation, attorney fees and costs on a full indemnity basis. You shall cooperate as fully as reasonably required by ASEAN and MDA in the defense of any claim. The ASEAN Secretariat and MDA reserves the right, at its own expense, to assume the exclusive conduct and control of any matter or legal proceedings subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of the ASEAN Secretariat and MDA.

 

MDA reserves the right to amend these TOS from time to time in its sole and absolute discretion. If you have registered as a member, we shall notify you of any material change to these TOS (and the effective date of such changes) by sending an email to the address you have provided to the Portal for your account. For all other users, we will post the revised TOS on the Portal. If you continue to use the Service after the effective date of the revised TOS, you will be deemed to have accepted those changes. If you do not agree to the revised TOS, your sole remedy shall be to discontinue using the Service.
        
Choice of Law and Forum

The TOS and the relationship between you and MDA shall be governed by the laws of the Republic of Singapore without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the Singapore courts.

 

This is an agreement between you (“you” or “your”) and Media Development Authority (“MDA”, “we”, “us” or “our”) that governs your use of the ASEAN Media Directory Service (“Service”), a service available on the ASEAN Media Portal website (the “ASEAN Media Portal Website”). When you access or use the Service in any way you agree to be bound by these terms and conditions (“Terms”). These are in addition to the terms governing the use of the ASEAN Media Portal Website, and in the event of any inconsistency between these Terms and the terms governing the ASEAN Media Portal Website, the former shall prevail to the extent of such inconsistency.

We may periodically change the Terms and the Service without notice, and you are responsible for checking these Terms from time to time for revisions. All amended Terms become effective upon our posting the same on the ASEAN Media Portal Website, and any use of the Service (including accessing the directory or continued listing of any directory entries) after such revisions have been posted signifies your consent to the changes.

USE OF LISTINGS. All information, content, directory and event portal listings (collectively the “Materials”) available on the Service are intended only for your internal and personal use, and cannot be re-distributed or resold in any manner (whether for commercial or non-commercial purposes) without the written consent of the ASEAN Secretariat and MDA. All access to Materials must be through the ASEAN Media Portal Website and not through any other means.

 
Without limiting the generality of the foregoing, you are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the Service. You may not use the Services to compile a collection of listings, including a competing listing product or service. You may not use the Service or any Materials for any unsolicited commercial e-mail or any forms of commercial electronic messages (including as defined in the Singapore Spam Control Act 2007, Cap ).

Save as expressly granted in this paragraph, no consent or license in respect of any copyright, trade mark, design, patent, goodwill in any trade name or other intellectual property or other right in the Materials or the products, services, processes or technology described therein is being granted to you, all of which rights are retained by MDA, and/or any third party owner of such rights.

 

 Country Administrators may upload entries in the directory listing function comprised in the Service.  The administrator in the respective ASEAN country (the “Country Administrator”) may each make modifications to the directory listings available on the Service. MDA in its sole and absolute discretion may at any time withdraw any such functionality with respect to any user or users or otherwise generally.

By proceeding to submit any directory listings or any changes thereto in relation to any person or entity, you further agree, warrant, represent and undertake, in addition to the matters mentioned elsewhere in these Terms, as follows: (a) you are a duly authorized representative of the entity to which the directory listing relates, (b) you are duly authorized by the entity to submit the directory listing and/or changes thereto on its behalf, (c) all information provided by you in the directory listing shall be true and correct in every respect and shall not be fraudulent or misleading in any respect (whether by positive statement or omission or otherwise), (d) if you provide links to any other websites, you are duly authorized to provide such links and do not violate the terms of use of the website to which you are providing such links, (e) you have secured all relevant rights and consents to use any and all Material provided or linked by you in the directory listing, and will not infringe the rights of any third party, or otherwise violate any laws or regulations, and (f) your posting of the directory listing will not be in breach of any relevant laws, regulations or codes of conduct or these Terms.

ANY ACCESS TO THE SYSTEM TO SUBMIT OR MODIFY ANY DIRECTORY LISTING OTHERWISE THAN IN COMPLIANCE WITH THE ABOVE SHALL CONSTITUTE AN UNAUTHORISED ACCESS, USE AND/OR INTERCEPTION OF THE SERVICE AND/OR ASSOCIATED COMPUTERS AND/OR THE DATA AND PROGRAMS HELD THEREIN. YOU UNDERSTAND AND ACKNOWLEDGE THAT SUCH ACTS CAN CONSTITUTE AN OFFENCE UNDER THE COMPUTER MISUSE ACT, SINGAPORE, FOR WHICH YOU MAY BE LIABLE TO PROSECUTION AND TO SEVERE CRIMINAL PENALTIES UPON CONVICTION.

 

 You agree that any and all Materials which you send to us, including but not limited to any feedback, data, answers, questions, comments, suggestions, ideas, directory listings or the like, will be deemed to be non-confidential and non-proprietary and we shall have the right to freely reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

You further represent, warrant and undertake to MDA that you have all relevant rights, consents, licenses and authorizations to provide the Material to us, and to grant to the ASEAN Secretariat and MDA all of the rights and licenses in connection with the same as set forth under these Terms. Without prejudice to the generality of the foregoing, you further represent, warrant and undertake that all of the Materials provided or uploaded by you shall not infringe any intellectual property or other rights, be defamatory or libelous, illegal, obscene, threatening, defamatory, invasive of privacy, contrary to public interest, public morality, public order, public security, national harmony, or prohibited by any applicable laws or regulations, constitute false or deceptive advertising or sales practices or contain any virus, contaminating or destructive features.

 

MDA or ASEAN Secretariat does not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any businesses, products, services, or Materials, including advice, and/or directory listings contained on, distributed through, or linked, downloaded or accessed from the Service. References to any names, marks, products or services of third parties or hypertext links to third party Services or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of any listing or any other information through the use of the Service.

 

The Service communicates information provided and created by third parties. MDA has no control over the accuracy of such information, and material on the Service may include inaccuracies or errors or may be incomplete. MDA does not independently verify any information provided through the Service and your reliance thereon is entirely at your own risk. MDA makes no warranties, representations or guarantees in relation to any Materials or information available on or via the Service, including its currency, content, quality, copyright compliance or legality, or any loss or damage of any nature whatsoever and you agree that MDA bears no responsibility for or in connection with the same.

 

Links to external parties may be provided as part of the Service, and if so, this is as a convenience to users. The listing of an external Service does not imply endorsement of the Service by MDA or the Service or its affiliates. Clicking on links may direct you to a new browser window that is not hosted or controlled by MDA. MDA is not responsible for the content, functionality, or safety of these external sites. MDA also reserves the right to disable links to or from third-party sites to our Service in its sole and absolute discretion, although it is under no obligation to do so. MDA is not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked Web Services. We do not verify, screen or investigate directory listings or other content uploads before or after including them on our Service. MDA makes no representation and assumes no responsibility as to any the content that third parties submit for listing on the Service.

 

MDA does not make any representations regarding the availability and performance of the Service or any sites to which links may be provided. MDA retains all rights, in its sole and absolute discretion, to alter or terminate the Service or any part thereof at any time from time to time, including without limitation adding or removing functionality, and to remove or edit any Material, without any notice to you. Users are solely responsible for all procuring at their own expense all necessary hardware, software and communications services necessary to access and use the Service.

 

Any use of the Service, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE, MATERIALS AND INFORMATION THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MDA DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY AND ALL LIABILITY AND WARRANTIES RELATING TO OR IN CONNECTION WITH
(A) THE SECURITY, AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY AND/OR PERFORMANCE OF THE SERVICE AND MATERIALS, THE CORRECTION OF ANY DEFECTS OR ERRORS, OR THAT THE CONTENT IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS;

(B) THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL, ACCURACY OF ANY SEARCH RESULTS OR OTHER OUTPUT OBTAINED THROUGH THE USE OF THE SERVICE;

(C) THE AVAILABILITY, ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY OR ANY OTHER ASPECT OF ANY CONTENT, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS OR INFORMATION ON OR MADE AVAILABLE BY OR OTHERWISE RELATING TO ANY THIRD PARTIES VIA THE SERVICE OR LINKED THERETO OR OTHERWISE OBTAINED THROUGH THE SAME.

 

TO THE FULLEST EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL MDA HAVE ANY LIABILITY TO ANY PERSON OR USER ON ACCOUNT OF ANY USE, MISUSE OR RELIANCE ON THE SERVICE FOR ANY LOSS, DAMAGE OR CLAIM OF WHATSOEVER NATURE, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL, EXTENDING TO DAMAGES OR OTHER CLAIMS FOR LOSS OF PROFITS, REVENUE, USE, DATA, BUSINESS OR OTHER OPPORTUNITIES, GOODWILL, ANTICIPATED SAVINGS, WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY, EVEN IF MDA IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SERVICE OR OTHERWISE HOWSOEVER. MDA DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVICE OR OTHER MATERIAL ACCESSIBLE THROUGH OR LISTED ON THE SERVICE.

THE USER OF THIS SERVICE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVICE AND THE INTERNET GENERALLY. YOU FURTHER AGREE, HAVING REGARD TO THE NATURE OF THE SERVICE PROVIDED BY MDA, THAT THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE REASONABLE IN EVERY RESPECT.

 

You agree and acknowledge that any communication, dealings or transactions with any third parties listed on the Service, or through the Service, shall be subject to separate agreement between you and such third parties. MDA shall bear no responsibility whatsoever in connection with the same. You agree to assume all risks arising out of or resulting from your communications, dealings or transactions with any such third parties. You acknowledge and agree that your use of third party services may be subject to different terms of use, and may be subject to different privacy policies. 
 
MONITORING

 

MDA does not undertake to monitor the material residing on or transmitted to this Service. You agree MDA and Country Administrators may in it sole and absolute discretion alter, reject, or delete any Material residing on or transmitted via its Service which it considers in its sole opinion to be undesirable, illegal, in breach of these Terms or otherwise as MDA regards expedient.

 

You agree to indemnify and hold ASEAN Secretariat and MDA and its officers, directors, agents, and employees, harmless from any loss, claim, damage or demand, including reasonable attorneys' fees, due to or arising in connection with any breach by you of these Terms, or any law, regulation or terms of any licence, any rights of any third party, including without limitation the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

 

If you believe that any Material used in connection with the Service has been constitutes copyright infringement, please provide written notice to MDA with full details as prescribed in PART IXA to the Singapore Copyright Act, Cap 63, to be submitted to MDA’s designated representative, as follows:

[To insert (a) the name of the representative designated by the network service provider, (b) the appointment held by the designated representative in the network service provider, (c) the full address of the designated representative and (d) a telephone number, a facsimile number (if any) and an electronic mail address at which the designated representative can be contacted.]

MDA will only process notices in the English language that comply with the Singapore Copyright Act, other applicable laws and these Terms of Use. Any notices that do not comply with the above will be rejected.

Upon receipt of a compliant notice of infringement, MDA may take further steps in depending on the nature of the alleged infringement described in the notice, which may include the matters described in the Singapore Copyright Act as applicable to network service providers.

 

These Terms will be governed by and construed in accordance with the laws of Singapore, and you agree to submit to the exclusive jurisdiction of the Singapore Courts. You are responsible for compliance with applicable laws.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. Headings are for convenience only and do not affect interpretation.

These Terms constitute the entire agreement between MDA and you, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms.

Any waiver of any provision of the Terms will be effective only if in writing and signed by you and MDA. MDA reserves the right to investigate complaints or reported violations of these Terms and to take any action MDA deems necessary or appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, MDA may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

MDA reserves the right to seek all remedies available at law and in equity for violations of these Terms. Nothing in these Terms shall preclude or prejudice the exercise by MDA of any right, power or authority, and/or any recourse it may have against any person conferred upon it by any law or regulation.