Terms and Conditions
AETN reserves the right to do the following and will not be liable to any user or third party for so doing:
- change the Terms at any time;
- change any of the Websites, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, functionality, promotion, data on or feature of any of the Websites or the hours that any of the Websites are available; or
- change any fees or charges in connection with the use of any the Websites.
By accessing and/or using the Websites you agree to the Terms and to be bound and abide by all rules, terms, conditions, restrictions and notices in the Terms immediately on your first use of the Site. If you do not agree to be legally bound by all the following terms, please do not access and/or use the Websites.
AETN may change the Terms at any time by posting changes on the Websites. Please review these terms regularly to ensure you are aware of any changes made by AETN. Your continued use of the Websites after changes are posted means you agree to be legally bound by these terms as updated and/or amended. The revised Terms supersede all previous notices or statements regarding the Websites. For this reason, we encourage you to review these Terms any time you access or use the Websites, and we recommend that you print out a copy for your records. Upon our request, you agree to sign a non-electronic version of these Terms and Conditions and any other policies or agreements set forth on any of the Websites.
The information and materials provided on or through the Websites, including without limitation, any data, text, graphics, images, audio and video clips, logos, icons, games, software, applications and/or links (collectively, the "Materials") are intended to educate and inform you about us and our business and to provide you with access to our services. AETN'S MATERIALS ARE PROVIDED "AS IS" AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. Unless otherwise specified on a Website, you may download Materials displayed on the Website and you may use the downloaded Material solely for your own personal use. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any of the Materials displayed on the Website in any way except for your own personal, non-commercial use. Any other use of the Websites' content or the Materials requires the prior written permission of AETN. You agree not to adapt, alter or create a derivative work from any of Materials displayed on the Website except for your own personal, non-commercial use. You may print copies of any textual Material available for downloading on the Websites, and you may execute copies of any software/games/applications available for downloading on the Websites pursuant to the Terms. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of these Terms.
You agree to use the Websites only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Websites. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Websites.
You acknowledge that the Materials and Websites are protected by copyrights, trademarks, patents and other proprietary rights owned by AETN and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Materials, and that these rights are valid and protected in all media existing now or later developed and under Singapore and foreign laws. Except as expressly provided herein, AETN does not grant you any express or implied rights in or to the Materials and/or the Websites, and all right, title and interest that AETN has in the Materials and/or the Websites not explicitly granted to you by AETN or its licensors are retained by AETN or its licensors, respectively. No Materials may be modified, copied, adapted, reverse engineered, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, transferred, licensed or sold in any form or by any means, in whole or in part, without AETN's or its licensors' prior written permission, except that the foregoing does not apply to your own posted Submissions (as defined below). AETN hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Websites, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Materials and/or the Websites.
The Materials remain the property of AETN or its licensors, as applicable. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to any such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by these Terms and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of AETN or its licensors, if applicable. If you download software/games/applications from a Website, each such software/game/application is licensed on a limited basis to you by us or by the owner of such software/game/application, and you must comply with any license agreement included with or displayed by such software/game/application. Title to any such software/game/application is not transferred to you. You may own the medium on which the software/game/application is recorded, but we retain all right, title and interest in and to the software/game/application, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the software/game/application to a human-perceivable form or transfer the software/game/application to any third party. Should there be any conflict between the license agreement for such Materials (including software/games/applications) and the Terms, the license agreement will control.
Your Information/Usernames & Passwords
In order to access certain areas of, or participate in certain activities contained on, any of the Websites, we may require each user to have a unique user name and password combination and we may, from time to time, also provide users with additional codes or passwords necessary to perform certain functions on the Websites. You will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns. During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to register and provide us with certain information about you ("User Information"), in order for us to allow you to use the features and functions of the Websites, including chat rooms, message boards, electronic mail services, messaging services, registration and member profile pages. AETN has the right to suspend or terminate your user account and refuse any and all current or future use of the Websites (or any portion thereof) and remove any content you have posted thereon, including content made available to other users. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, may cause confusion or for any other reason as determined by us in our sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and AETN reserves the right to revoke and/or reassign that username in its sole discretion. You understand and agree that AETN reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in AETN's sole discretion.
You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behaviour, use and conduct on the Websites and for any use of the Websites or any other activity or conduct in connection with the Websites by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken or used by another party. You are responsible for the confidentiality and use of your account, including your username and password and you agree not to transfer or resell your right to use or access to the Websites or participate in any activities contained on the Websites to any third person or party. If you have reason to believe that your username or password is no longer secure, you must: (i) promptly change your password by visiting the Websites, and (ii) immediately notify us of the problem by using the Feedback form.
You may not use anyone else's user account at any time and you may not allow anyone else to use your account at any time. You agree that AETN will not be liable for any loss you may incur as a result of someone else using your username and/or password, either with or without your knowledge, and you further agree that you will be liable for losses incurred by AETN or another party due to someone else using your account information. Because of this, AETN strongly recommends that you exit from your account at the end of each session.
If we make products or services available for purchase, access or license, you agree to pay all fees or charges incurred by your account, including applicable taxes, in accordance with the Terms and the billing terms that are in effect at the time that the applicable fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. AETN may add new products and services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in our sole discretion. You represent to AETN that you are an authorized user or an authorized user of the chosen method of payment used to pay all fees you incur plus all applicable taxes. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.
Code of Conduct and Community Standards
We have the right to disclose your User Information to third parties for the purpose of administering and maintaining services on the Websites. We respect the privacy of the contents of users' email and messages (collectively, "Messages"); however, we reserve the right to monitor, edit or disclose any information about your use of the services on the Websites and/or such contents, if we believe such action is required by law or is necessary to protect and defend our rights, to enforce this agreement, or to protect the interests of our members and others.
The amount of storage space per user is limited. Some Messages may not be processed due to space constraints or outbound message limitations. We assume no responsibility for deletion of Messages or any failure to store, receive or deliver Messages in a timely manner or any other matter relating to Messages.
Further by submitting your contribution to the Websites, you:
- warrant that your contribution;
- is your own original work and that you have the right to make it available to AETN for all the purposes specified above;
- is accurate;
- is not defamatory;
- does not infringe any law; and
- indemnify AETN against all legal fees, damages and other expenses that may be incurred by AETN as a result of your breach of the above warranty; and
- waive any moral rights in your contribution for the purposes of its Submission to and publication on the Websites and the purposes specified above.
AETN has the right, but not the obligation, to monitor and edit or remove any contribution. AETN takes no responsibility and assumes no liability for any contribution posted by you or any third party. AETN RESERVES THE RIGHT TO REMOVE ANY CONTRIBUTION THAT IT DETERMINES IN ITS SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITES.
While using any of the Websites and/or Materials, including on or in any contribution, Submissions (as defined below), postings or ratings, you agree to follow our community standards set forth below (the "Community Standards"):
- Member Names will be failed if they:
- Contain website or email addresses
- Contain contact information i.e. phone numbers, postcodes etc.
- Create a false identity or impersonate any person, including without limitation, identities falsely indicating that you are an AETN official or representative, message board moderator, guide, another user or host or that you are a celebrity or public figure
- Contain swear words or are otherwise objectionable
- AETN reserves the right to fail messages which:
- Post or transmit any content or message that is false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, inciteful, racist or otherwise objectionable;
- Engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive, inciteful or otherwise objectionable behaviour; all such behaviour may be reported to the authorities;
- Are considered likely to disrupt, provoke, attack or offend others;
- Are racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionable;
- Contain swear words or other language likely to offend;
- Break the law or condone or encourage unlawful activity. This includes breach of copyright, defamation and contempt of court;
- Advertise products or services for profit or gain;
- Are seen to impersonate someone else;
- Include contact details such as phone numbers, postal or email addresses;
- Are written in anything other than English;
- Contain links to other websites;
- Describe or encourage activities which could endanger the safety or well-being of others;
- Are considered to be ‘spam', that is posts containing the same, or similar, message posted multiple times; or
- Are considered to be off-topic for the particular message board.
In addition, you agree not to:
- use any of the Websites or Materials for any unlawful purpose or in any manner not intended by AETN or as contemplated in the Terms or on any Website;
- suggest, illicit or encourage any illegal activity. Contributing material with the intention of committing or promoting an illegal act is strictly prohibited;
- submit any defamatory or illegal material of any nature in the Website communities. This includes text, graphics, video, programs or audio;
- submit content, materials or Submissions that are subject to intellectual property protection, including without limitation, copyright, trademark or patent rights, or otherwise subject to third party proprietary rights, including without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner of such rights to post said content, material or Submission and to grant us all of the license rights necessary to transmit or maintain such content, material or Submission on or through any of the Websites. You must not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights;
- transmit: (a) any content or information that infringes AETN's or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the express authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, junk mail, SPAM, investment opportunities or other unsolicited or unauthorized commercial or promotional content, materials, SPAM or communication (except as otherwise expressly permitted in writing by AETN);
- institute an attack upon any server used in connection with any of the Websites or any portion thereof or otherwise attempt to disrupt such servers, including without limitation, by hacking into such servers or any applications hosted thereon;
- restrict or inhibit any other user from using and enjoying any of the Websites, including without limitation, by disrupting the flow of forums with vulgar or obscene language, abusiveness, bullying, griefing, "spamming" or "flooding" (continuous posting repetitive text);
- use any robot, spider, scraper or other automated means to access any of the Websites or Forums for any purpose without AETN's express prior written permission;
- transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of any of the Websites or Materials;
- "frame" or "mirror" any part of any Website without our prior written authorization;
- transmit, post or otherwise make available any material or Submissions regarding hacking, cracking, exploiting or otherwise making use of any of the Websites or the Materials;
- attempt to obtain passwords, other account information or any other private information from any other user of any of the Websites, including without limitation, the collection personal information about others, such as email addresses or geo-locations;
- harvest or collect information about users of the Websites without their express consent; or
- assist or permit any persons in engaging in any of the activities described in this listing.
The views expressed in the Website community areas are those of members of the public and are not necessarily those of AETN.
If you are under 18:
- Please get a parent's or guardian's permission before taking part in any Website discussion; and
- Never reveal any personal information about yourself or anyone else (for example, telephone number, home address or email address).
If you fail to abide by these Community Standards when taking part in the Websites' community services, you will be sent an email which informs you why your contribution has been failed or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. This action may include your relevant account or accounts being placed into pre-moderation or a temporary or permanent suspension of your ability to participate in any or all of the Websites' Community areas.
If you post or send offensive or inappropriate content anywhere on or to the Websites' communities or otherwise engage in any disruptive behaviour on the Websites, and AETN considers such behaviour to be serious and/or repeated, AETN may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement(s).
AETN reserves the right to delete any contribution, or take action against any account, at any time, for any reason.
While using the Website or Materials, you agree to comply with these and all Community Standards, as well as all applicable laws, rules and regulations. AETN has the sole discretion to delete, suspend, terminate or close your user account, with or without prior notification to you, for any violation of the Community Standards.
AETN welcomes feedback, both positive and negative, about its programmes and services but please make sure your comments are in line with the above Community Standards. Repeatedly posting personal or offensive comments about individual members of the public or people who work for AETN may be considered harassment. We reserve the right to remove such messages and take action against those responsible.
If you use multiple logins for the purpose of disrupting the community or annoying other users you may have action taken against your accounts.
Deliberate misuse of the complaints facility is not permitted. If you persist in doing this action may be taken against your account.
Third Party Sites
Any dealings with third parties, such as advertisers, included within the Websites or participation in promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties or representations associated with such third parties, are solely between you and that third party. AETN is neither responsible nor liable for any part of such dealings or promotions.
Forums & Submissions
Please note that, because AETN (and our designees) hosts ratings, message boards and other forums or areas where third parties and users can post information on or to the Websites (collectively, the "Forums") and, therefore, redistributes materials you give to us or upload/post to the Websites, we require certain rights in those materials. Accordingly, by sending, posting or transmitting to AETN photos, graphics, creative suggestions, ideas, notes, concepts, information, ratings or other materials (collectively, "Submissions") or by posting such Submissions to any area of the Websites (including without limitation, the Forums), you grant AETN and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. Information and Submissions contained on our Forums may be provided by persons not affiliated with us. You must not transmit any Submission to or through the Websites or to AETN that you consider to be confidential or proprietary, and any Submissions shall be deemed non-confidential. You are responsible and liable for any Submissions.
You acknowledge and agree that your communications with other users via the Forums are public and not private communications, and that you have no expectation of privacy concerning you use of the Forums. You acknowledge that personal information that you communicate via the Forums may be seen and used by others and may result in unsolicited communications; therefore, AETN strongly encourages you not to disclose any personal information about yourself in your communications via the Forums. AETN is not responsible for information that you choose to communicate to other users via the Forums or Submissions.
You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post Submissions or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Websites or Forums by third persons or parties. The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and do not necessarily reflect the opinion(s) of AETN. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in Submissions or for any results obtained from the use of any such statements or information. Under no circumstances will AETN or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Submissions or on any information or materials obtained through the Websites. We have no obligation to monitor the Websites, the Forums or any Submissions or other materials that you or other third persons or parties transmit or post on the Websites or the Forums. You acknowledge and agree that AETN has the right (but not the obligation) to do any or all of the following, at its sole discretion: (a) alter, remove or refuse to post or allow to be posted or stored any Submission or message; (b) monitor and/or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (c) disclose any Submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the AETN Websites to (i) protect AETN and its sponsors, employees, officers, directors, shareholders, agents, representatives, affiliates, users and visitors; (ii) to comply with legal obligations or governmental requests; (iii) to enforce these Terms; or (iv) for any other reason or purpose.
We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, home address or email address), and please do not include postal addresses of any kind. If you have a helpful address to share, inform the host of the relevant Community area and they will promote it if they see fit.
Compliance with Applicable Laws
AETN reserves the right at all times to disclose any information as AETN deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
You hereby agree and acknowledge that: (a) AETN has the right to obtain without notification to you certain information about your computer or software, including without limitation, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification; (b) AETN has the right to obtain without notification to you non-personal information from your connection to the Websites for demographic purposes; and (c) AETN has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including without limitation, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use "hacks". The information obtained in this Section may be used for the purpose of identifying persons or entities not in compliance, or believed by AETN to not be in compliance, with the Terms or with other AETN rules, policies, notices and/or agreements.
You acknowledge and agree that you (and not AETN) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use any service provided by AETN, including without limitation, the Websites, and paying all charges related thereto. You also acknowledge that you are responsible for obtaining and maintaining your access to any website through which you access AETN's products or services, including the Websites.
Ownership and Restrictions on Use
The Websites and Materials (and any intellectual property and other rights relating thereto) are and will remain the property of AETN or its licensors (as the case may be). The Websites and Materials, and the selection, compilation, collection, arrangement and assembly thereof, are protected by Singapore and international copyright, trademark and other laws and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Websites in any way without our prior written permission. The Websites and Materials may be used solely to the extent necessary for your authorized use of the Websites, as provided in the Terms or as expressly authorized in writing by AETN. Modification of any of the Websites or Materials or use of the Materials for any purpose not expressly allowed hereunder may be a violation of copyright and/or other proprietary rights and is strictly prohibited. You acknowledge that you do not acquire any ownership rights in or to any of the Websites or the Materials by using any of the Websites or the Materials. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ANY MATERIALS OR ANY OR ALL OF THE WEBSITES, OR ANY PARTS THEREOF, IS PROHIBITED. Except as expressly provided in a separate license agreement, AETN and its licensors of the Materials do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secret information. All Materials are Copyright © 2014 AETN Asia Pte Ltd, unless specified otherwise. ALL RIGHTS RESERVED.
The names, images and logos identifying AETN or third parties and their products and services are subject to copyright, design rights and trademarks of AETN and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of AETN or any other third party.
Furthermore, the trademarks, logos and service marks displayed on the Websites (collectively the "Trademarks") are the registered and unregistered trademarks of AETN, its licensors, vendors and other third parties. Such Trademarks may not be used in connection with any product or service that is not AETN's, in any manner that is likely to cause confusion among consumers, or in any manner that disparages AETN. Nothing contained on the Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of AETN or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and AETN will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Use & Access
YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE WEBSITES, REGISTER FOR AN ACCOUNT, OR TRANSMIT/SUBMIT/POST ANY SUBMISSION, ANY PERSONAL INFORMATION OR TO ANY FORUM. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. By accessing, using and/or submitting information to or through any of the Websites, you represent that you are at least 13 years of age or older and otherwise have the legal capacity to enter into these Terms.
UNDER 18: IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER'S REGISTRATION WITH THE WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE WEBSITES.
From time to time we may offer or allow you to participate in promotions, giveaways or contests (each, a "Promotion") on our Websites. If you choose to participate in a Promotion, we may collect your personal information, such as your name, address, age, telephone number, email address or other contact information. Participation in any Promotion is subject to the official rules governing that Promotion. AETN may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by the Terms, unless specifically superseded by Promotion-specific rules. In addition, as a condition to receiving any awards or prizes for participating in such Promotions, you may be required to provide additional information, to sign a release or to authorize the use of certain biographical or other information about you in any AETN marketing materials. Please also be aware that if a third party administers the Promotion, your participation may be subject to additional terms and conditions, and you should specifically read such third party's rules, terms of service and privacy policies before participating. You agree that AETN is not responsible for such third parties' promotions.
Regardless of the language used thereon, each of the Websites is directed for use by Singapore citizens or individuals residing in Singapore. We make no representation that the Websites or the Materials available thereon are appropriate or available for use in any other geographic locations other than Singapore. Those who choose to access or use any of the Websites, or any Materials thereon, from any other locations do so on their own initiative and at their own risk and are responsible for their own compliance with local laws if and to the extent any local laws are applicable. Any software on the Websites is further subject to Singapore export controls. AETN reserves the right to limit the availability of the Websites and/or the provision of any service, Promotion, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, Promotion, program or other product that we provide
AETN does not accept or consider unsolicited ideas, including ideas for new programming, promotions, products, technologies or processes (collectively, "User Ideas"). You must not transmit any User Ideas to or through the Websites or to AETN through email that you consider to be confidential or proprietary, and any User Ideas shall be deemed non-confidential. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to AETN, including any concepts, know-how or ideas, you hereby grant AETN a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Ideas in connection with the Websites and AETN's (and its successor's) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or to others.
Your ability to access and use the Websites and Materials will remain effective until terminated in accordance with the Terms. AETN may suspend, terminate, modify or delete your account with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation of the Terms. For example, your account may be deleted and terminated without warning if (a) AETN believes, in its sole discretion, that you are under 13 years of age; (b) you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete); or (c) AETN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Upon termination, your right to use the Websites will immediately cease, and you shall destroy all Materials obtained from the Websites and all copies thereof, whether made in accordance with the Terms or otherwise. In addition to its termination rights, AETN also reserves the right to refuse service to anyone and to remove content or Materials for any reason whatsoever in its sole discretion, including without limitation, if AETN becomes aware that you are a convicted sex offender.
You may terminate your account by notifying AETN through the Feedback form. AETN may terminate and delete your account, in our sole discretion, if it has been inactive for a period of at least 12 months. Your account will be considered inactive if you do not log on to any Website using your username and password.
The provisions of the Sections headed Materials, Compliance with Applicable Laws, Acknowledgements, Ownership and Restrictions on Use, Intellectual Property, Jurisdictional Issues, User Ideas, Termination, Disclaimers, Limitation of Liability, Indemnification, Choice of Law and Miscellaneous, will survive any termination of the Terms.
THE WEBSITES, THE MATERIALS AND ANY AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AETN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. AETN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITES OR THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES (OR ANY PART THEREOF INCLUDING THE MATERIALS AND SUBMISSIONS), THE SERVER(S) ON WHICH THE WEBSITES ARE HOSTED OR ANY SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF AETN OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITES, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITES AND ANY MATERIALS AND SERVICES PROVIDED THROUGH THE WEBSITES ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Websites (including the Materials and Submissions) could include inaccuracies, errors or information or materials that violate the Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Websites. Although AETN attempts to ensure the integrity of the Websites, we make no guarantees as to any Website's completeness or correctness. In the event that a situation arises in which a Website's completeness or correctness is in question, please contact us via the Feedback form with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website at issue, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
AETN does not warrant that functions contained in the Websites content will be uninterrupted or error free, that defects will be corrected, or that the Websites or the server that makes it available are free of viruses or bugs.
Limitation of Liability
NEITHER AETN NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES AND/OR MATERIALS CONTAINED ON THE WEBSITES, SUBMISSIONS, ANY LINKED WEBSITE OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE WEBSITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, MATERIALS, SUBMISSIONS, PRODUCTS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITES, MATERIALS, SUBMISSIONS, PRODUCTS OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO AETN FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO AETN, IF ANY, TO ACCESS OR USE THE WEBSITES. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND AETN OR A REPRESENTATIVE OF AETN CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATES ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You agree to indemnify, defend and hold harmless AETN, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys' fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) your breach (including through use of your username, whether or not by you) of the Terms, including any violation of Community Standards; (b) any allegation that any Submission or other information you submit to us or transmit to the Websites or AETN infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (c) your access to and use of the Websites; and/or (d) any claim that one of your postings or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
AETN periodically schedules system downtime for the Websites for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that AETN has no responsibility and is not liable for: (a) the unavailability of any Website; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting any of the Websites, any Internet service provides or any Internet facilities and networks.
Choice of Law
The Terms are solely governed by and construed in accordance with the laws of Singapore.
The Websites may include apps and website versions designed for mobile content that may be viewed on phones, tablets and other mobile devices (the "Mobile Sites"). In order to use the Mobile Sites, you must have a wireless mobile device and wireless through Wi-Fi or a participating mobile service provider.
If you are accessing the Mobile Sites through an app on an Apple iOS device (an "iOS App"), (a) AETN grants you a non-transferable license to use the iOS App on any iPad, iPhone or iPod touch, as applicable, that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service, and (b) these Terms are concluded between you and AETN only, and not with Apple, and AETN, not Apple, is solely responsible for the Mobile Sites and the content thereof, (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App, (d) in the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be AETN's sole responsibility; (e) AETN, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of that iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third party claim that the iOS App or your possession and use of the iOS App infringes that third party's intellectual property rights, AETN, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim; and (g) Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Certain services may require SMS (text messaging) capability. You can subscribe to receive, from time to time, text messages from AETN. You can unsubscribe at any time. You agree that you are solely responsible for all Message & Data charges that you incur from your mobile service provider for your use of the Mobile Sites. These charges may include standard and premium SMS charges and may be a one-time or reoccurring charge. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details. AETN is not liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with SMS services may include your mobile phone number, your carrier's name and the date, time and content of your messages. We may use this information to contact you and to provide the services and subscriptions that you request from us.
AETN reserves the right at all times to disclose any information as AETN deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
If there is any conflict between these terms and specific terms appearing elsewhere on the Websites then the latter shall prevail.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
This is the entire agreement between you and AETN relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
The Terms are not assignable, transferable or sublicensable by you except with AETN's prior written consent.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
AETN's performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of AETN's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by AETN with respect to such use.
A printed version of the Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The parties agree that all correspondence relating to these Terms and Conditions must be written in the English language.
As part of AETN's commitment to ensuring the Websites is one you want to visit time and time again AETN welcomes your comments on any of the policies or rules set out above. To contact AETN please use the Feedback Form on the Websites.
Updated: 30 June 2014