1. ACCEPTANCE OF TERMS
This PETALSHub Portal (hereafter referred to as "Portal" or "PETALSHub") is offered to you by D3G, a company registered in Singapore, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Portal constitutes your agreement to all such terms, conditions, and notices.
2. PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Portal is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Portal.
3. LINKS TO THIRD PARTY SITES
This Portal may contain links to other World Web Portals or resources operated by parties other than D3G. Such links are provided for your convenience only. Because D3G has no control over such sites and resources, you acknowledge and agree that D3G is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. D3G 's inclusion of links to such Websites does not imply any endorsement of the material on such Websites or any association with their operators. You further acknowledge and agree that D3G shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
4. DESCRIPTION OF SERVICE
D3G currently or in future may provide users with access to a rich collection of on-line resources and information including forums, reviews, articles, email, polling, file exchange, web page hosting services amongst other things (the "Services"). Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
6. MEMBER CONDUCT
As a condition of your use of this Portal, you warrant to D3G that you will not use this Portal for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
This Portal may contain currently or in future forums, chat areas, bulletin board services, communities and/or other message or communication facilities (collectively, "Communities"), you agree to use the Communities only to send and receive messages and material that are proper and related to the particular Forum (see 7. FORUM CONDUCT). By way of example, and not as a limitation, you agree that when using a Community, you will not:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
(b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
(c) Impersonate any person or entity, including, but not limited to, a D3G official, forum moderator, admin, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(d) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
(e) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
(f) Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
(g) Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(h) Advertise or offer to sell any goods or services for any commercial purpose.
(i) Conduct or forward surveys, contests, pyramid schemes or chain letters.
(j) Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
(k) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(l) Restrict or inhibit any other user from using and enjoying the Communities.
(m) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.
(n) "Stalk" or otherwise harass another.
(o) Collect or store personal data about other users.
(p) Registering of multiple membership accounts to represent physcially different individuals.
7. FORUMS CONDUCT
You agree and acknowledge that during your interaction in any particular forum,
(a) You will only post relevant topics or replies.
(b) You will clearly identify yourself as an employee representing your company(ies), brand(s) or service(s) or product(s) if you are posting information pertaining to related industries.
(c) You will not 'hijack' any topics to your advantage.
(d) You will not intentionally put up false information to mislead the crowd.
(e) You will not take part in any flame wars.
8. TERMINATION AND ACCESS RESTRICTION
You agree that D3G, in its sole discretion, may terminate your password, PETALSHub Membership, use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if D3G believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service.
D3G may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Services may be effected without prior notice, and acknowledge and agree that D3G may immediately deactivate or delete your PETALSHub Membership and all related information and files in your PETALSHub Membership and/or bar any further access to such files or the Services. Further, you agree that D3G shall not be liable to you or any third-party for any termination of your access to the Service.
D3G reserves the right to deny in its sole discretion any user access to this Portal or any portion thereof without notice.
9. ADVERTISEMENTS AND PROMOTIONS
The PETALSHub Portal runs advertisements and promotions. By using PETALSHub, you agree that D3G has the right to run such advertisements and promotions. The manner, mode and extent of advertising by D3G is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that D3G shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
D3G has no obligation to monitor the Communities. However, D3G reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in D3G's sole discretion.
D3G does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
D3G does not control or endorse the content, messages or information found in any Community and, therefore, D3G specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Forum moderators and admin are not authorised D3G spokespersons, and their views do not necessarily reflect those of D3G.
You agree to indemnify and hold D3G, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
The software, pictures, or file downloads available for downloading through PETALSHub is uploaded by other users. We do not verify, endorse or otherwise vouch for the content of the software on our web pages. We disclaim any responsibility for or liability related to the Software. There are inherent dangers in the use of any software available for downloading on the Internet, and we caution you to make sure that you completely understand the potential risks before downloading any of the Software. You are solely responsible for installation, management, operation and support of the software. The entire risk as to the results and performance of the software is assumed by you. In no event will we be liable for any damages arising out of the use of the software. If you find any content on our site that infringe intellectual property rights or otherwise is unlawful, please inform us at email@example.com, and we will remove it from our site immediately.
12. LIABILITY DISCLAIMER
The information, software, products, and services included on this Portal may include inaccuracies or typographical errors. Changes are periodically added to the information herein. D3G may make improvements and/or changes in this Portal at any time.
D3G MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS PORTAL FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. D3G HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
13. FEES AND PAYMENTS
D3G reserves the right to amend the fees for future use of or access to the PETALSHub portal in D3G's sole discretion. Any such change would be disclosed to your prior. You are required to make the required payments in a timely manner to continue using the services provided by the Portal. Payments that are delayed beyond 2 months will be subject to a late fee penalty of 2% of outstanding amount per month.
14. SERVICE CONTACT
You may email firstname.lastname@example.org with questions or problems with this Portal.
15. MODIFICATION OF THESE TERMS AND CONDITIONS
D3G reserves the right to change the terms, conditions, and notices under which this Portal is offered.
16. GENERAL INFORMATION
The Terms of Service constitute the entire agreement between you and D3G and govern your use of the Service, superceding any prior agreements between you and D3G. You also may be subject to additional terms and conditions that may apply when you use affiliate or other D3G services, third-party content or third-party software. The Terms of Service and the relationship between you and D3G shall be governed by the laws of the Republic of Singapore without regard to its conflict of law provisions. You and D3G agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Singapore. The failure of D3G to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
All contents of this Portal are: Copyright © 2010-2015 D3G. All rights reserved.
Other product and company names mentioned herein may be the trademarks of their respective owners.