Terms & conditions
Please read through these Terms carefully. By accessing our website at theasiamag.com (the “Site”) or by otherwise accessing any content or services found on this website, you are deemed to have entered into an agreement with Tusitala Productions Pte. Ltd. (“Tusitala”) and to have agreed to be bound by the Terms set out herein. If you use this Site in the course of your business, you are also agreeing to these terms and conditions on behalf of that business and should also read paragraph 2(c) regarding “at work use” of this Site.
This Site is operated and owned by Tusitala Productions Pte. Ltd. (company registration number 200703697K) with its business address situated at 298 River Valley Road, Level 2, Singapore 238339. Tusitala reserves the right to suspend or terminate your access to the Site at any time, with or without notice or explanation.
1. Intellectual Property Protection
All intellectual property rights of the contents and design of the Site and any material accessible on the Site (such contents, design and materials being collectively referred to as the "Content"), including copyright, belong to Tusitala and its licensors. All rights are hereby reserved. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "Tusitala", “asia!” and “theasiamag.com” names and logos or other trade names appearing on the Site) for any reason without written permission from Tusitala. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with such software.
2. Use of Content
(a) Restrictions on Use.
You may retrieve and display the Content on a computer screen or (if expressly authorised) mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile device for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Tusitala:
i.reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Content, or
ii.modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Content (including use as part of any library, archive or similar service) without the prior written consent of Tusitala, or
iii.deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes; or
iv.remove the copyright or trade mark notice from any copies of the Content made under these Terms. Any use of the Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to us at firstname.lastname@example.org and may be subject to a fee.
If you would like to link to the Site, please read and comply with the following guidelines and all applicable laws. A site or service that links to the Site:
• may display an “asia!” or “theasiamag.com” logo and/or masthead but must not otherwise use any ”asia!” or “theasiamag.com” trade marks without our prior written permission;
• may link only to the homepage of the Site or to the articles within the Site, using the URL and quoting the source website;
• may not remove, distort or otherwise alter the size or appearance of the logo;
• must not be a site or service that contains content that could be construed as distasteful or offensive;
• must not in any way imply that Tusitala is endorsing such site or its products or services;
• must not misrepresent its relationship with Tusitala or present false information about Tusitala;
• and must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations. Tusitala expressly reserves the right to require that any link in breach of these Terms be removed and to take whatever other action it deems appropriate.
(c) At Work Use.
If you are using the Site in an "at work" capacity (whether for a company, partnership, public sector body, club, association, charity, etc.) and your use extends beyond personal, non-commercial use then you should contact Tusitala at email@example.com to discuss your business requirements, since it is possible that your use of Content extends beyond what is permitted by these terms and conditions. In particular, all requests to republish, redistribute or syndicate the Content, whether headlines, full text articles (or parts thereof) or the right to use such Content internally within your business (for example, as part of a regular information dissemination service or on a company Intranet) or any external use that you may make (for example, within client reports or briefings) should be addressed to us, as such use falls outside the scope of use permitted by these Terms.
3. Licence Fee, Payment, and Transactions
Access to certain Content may be subject to a fee. All payments (including applicable taxes) must be made in advance in Singapore Dollars or other currency specified by Tusitala. You are responsible for the payment of all charges associated with the use of the Site using your identity access code.
If your use of the Site is terminated by Tusitala, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges incurred by you prior to such termination.
4. Term and Termination
Tusitala may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use the Content) with or without cause by delivering notice to you. Such rights of termination are in addition to all other rights or remedies of Tusitala provided in these Terms or by law.
5. Changes to the Site
Tusitala reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the Content available on the Site at any time and to restrict the use and accessibility of the Site.
6. Registration, Passwords and Responsibilities
Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to the Content and the Site using your user name, sign-on password, and/or other identification. You agree to immediately notify Tusitala if you become aware of any loss or theft of any sign-on password or identification or any unauthorised use of a sign-on password, identification, user name, or of the Content or the Site. You will provide Tusitala with accurate, complete registration information (including in particular your e-mail address) and inform Tusitala of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Tusitala reserves the right to monitor and record activity on the Site, including access to the Content.
Each registration is for a single user only. You may not share your user name and password with any other person, nor may you share or transfer your subscription. Tusitala does not permit access through a single name and password being made available to multiple users on a network. Tusitala may cancel or suspend your access to the Site if you do this without further obligation to you.
By registering, you are agreeing to the dispatch of electronic notices or mails to you at any time and from time to time by Tusitala.
8. Community Forums
The Site may include bulletin boards, discussion groups and other public areas that allow feedback to Tusitala and interaction between users and Tusitala representatives ("Forums"). While Tusitala does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by Tusitala on a Forum. You may not:
• post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
• post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
• post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
• post or otherwise publish any Messages that contain a virus or other harmful component; disguise the origin of any Messages;
• impersonate any person or entity (including Tusitala employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;post or otherwise publish any Messages unrelated to the Forum or the Forum's topics;
• post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment; collect or store other users' personal data; and
• restrict or inhibit any other user from using the Forums.
By submitting Messages to any Forum you agree to indemnify and hold harmless Tusitala from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 8.
The Forums contain Messages submitted by users over whom Tusitala has no control. Tusitala cannot guarantee the accuracy, integrity or quality of any Messages and Tuber hereby disclaims all responsibility for any Messages posted on our Site by parties other than our authorized representatives. Any opinions expressed by parties other than our authorized representations are not the opinions of Tusitala and Tusitala shall not be held responsible for any such opinions.
Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.
By submitting Message to a Forum you are granting Tusitala perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. Tuber reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for Tusitala to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify Tusitala immediately by means of an email to firstname.lastname@example.org
8A. Submission of Content to Site
If you submit any material to the Site (including without limitation any text, graphics, pictures, video or audio) you agree thereby to grant Tusitala a non-exclusive, perpetual, royalty-free, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed, including without limitation print or electronic publications and applications for mobile devices, for the full term of any rights that may exist in such Content.
If you do not wish to grant such rights to Tusitala, you should not submit a contribution to the Site.
By submitting your contribution to the Site, you warrant that such contribution is your own original work and that you have the right to make it available to Tusitala for all the purposes specified above, that it is not defamatory or obscene, and does not infringe any law or regulatory provision or any person's rights in any jurisdiction. You agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Site and the other purposes specified above.
Tusitala accepts no liability for any content submitted by third parties, including without limitation guest bloggers or contributors. You accept that we may not pre-screen the content submitted, and we reserve the right to remove or retain at any time and without giving reasons or notice any material you or other users have supplied.
9. Technical Requirements
Users are informed that older browser versions may work but users could have limited browsing capability.
10. No Warranty, Disclaimer of Liability and Indemnity
Tusitala obtains the Content from a wide range of sources and the Content includes facts, views, opinions and information which may be of interest to users of the Site.
Whilst all reasonable care is taken, Tusitala makes no warranty, express or implied concerning the Content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is". nor do we endorse or accept any responsibility for any views, advice, recommendations or opinions expressed on the Site or any website to which we link. You should note that any contact or arrangements made between you and any third party named on the Site or any third party website linked from it (including without limitation any website with which we have a commercial association) is at your own risk, and to the extent permitted by law
Tusitala excludes all liability.
Tusitala expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Tusitala, its employees, affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Tusitala has been advised of the possibility that such damages may arise. Tusitala does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are compliant or free from viruses or other contaminating or destructive properties.
The Content should only be used for your general information and use and not by way of specific recommendations or advice. Before taking any action or decision based in whole or in part on the Content, you should always make your own independent checks and seek appropriate professional advice where relevant. To the fullest extent permitted under applicable law, Tusitala shall not be liable to you for any loss or damage which relates to your choices whether or not as a direct or indirect consequence of your use of the Site Services (including lost profits or loss of privacy or loss of or damage to data).
In addition to but separate from the above specific exclusion and to the fullest extent permitted under applicable law, Tusitala shall also not be liable to you for any other indirect, special, consequential, incidental, punitive or exemplary damages whatsoever that arise out of or are related to your use of the Site Services.
Upon Tusitala’s request, you agree to defend, indemnify and hold harmless Tusitala from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.
11. Force Majeure
Tusitala, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
(a) These Terms. These Terms are effective as of 11 December 2008. Tusitala may, in its discretion, change these Terms at any time and from time to time (including those relating to your use of Site and/or the Content). When Terms are changed, Tusitala will publish details of those changes by including them in these Terms. You should regularly check this paragraph 12(a) to see if any changes have been made. If you use the Site after Tusitala has published the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain the Content may be subject to additional terms and conditions.
(b) Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Tusitala is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. Tusitala is not responsible for the availability of these web sites or their contents.
(c) Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Tusitala.
(d) Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
(e) Notices. Notices to Tusitala must be given in writing by letter and sent to Tusitala at 298 River Valley Road, Level 2, Singapore 238339 (for the attention of the Managing Editor).
(f) Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Singapore within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
(g) Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
(h) Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.
13. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, the laws of Singapore. The parties irrevocably agree that the courts of Singapore shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Singapore courts.
For the exclusive benefit of Tusitala, Tusitala shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
www.theasiamag.com Privacy Statement
www.theasiamag.com is wholly owned by Tusitala Productions Pte. Ltd. (“Tusitala”) and is committed to protecting the privacy of its users. The following outlines our privacy and data protection policy.
Collection and Use of User Details
When you register at www.theasiamag.com, we may request personal details about you, such as your name, address, e-mail address and job title via our registration forms.
We also collect web site usage information for our own readership research purposes.
The results of all such research and analysis are presented as anonymous or aggregated information and will not reveal any personal facts about individual customers.
The registration form provides you with a series of choices regarding promotional activity and other communication with you.
If you want to be kept informed of our products and offers, as well as technical or functional developments related to our website and on-line services, then you should tick the relevant opt-in box.
A cookie is a small file which is placed on the user's hard drive during a visit to www.theasiamag.com. This file allows the user to move quickly and easily around our site. It is used to identify returning users and to identify subscribers and registrants. This means that if you are a registrant or subscriber, you will not have to login each time you visit. You can delete cookies from your hard drive at any time. Bear in mind, though, that if you delete these cookies, any settings such as your stored username and password will have to be reset when you log in again.
Unlike many sites, you will be able to use www.theasiamag.com even if you set your browser not to accept any cookies. However, certain features and content may not be available to you and you will have to log in every time you visit.
www.theasiamag.com uses reputable third parties to deliver the e-mails you will receive from our site if you subscribe to our e-mail newsletters or have chosen to receive information about our products and offers. These third parties use unique identifiers and invisible images (often called "pixel tags" or "clear GIFs") to perform message open sensing, message format sensing, and clickthrough sensing on our behalf of in order to bring you more relevant information. To find out more about these technologies as used in the e-mails sent on behalf of www.theasiamag.com by Benchmark Email please click here. Content and some ad services in these e-mails may be provided by us or another third party ad server.
www.theasiamag.com has appropriate measures in place to ensure that users' personal details are not misused, accidentally destroyed, lost or altered within our server environment.
Transfer of Personal Data Overseas
Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing www.theasiamag.com and communicating electronically with us, you acknowledge and agree to our processing of personal data in this way.
Updating Customer Details
It is important to us that we have your correct contact information so that you don't miss out on further correspondence or experience problems with the delivery of products. You can change your personal information or your e-mail requirements by updating your account information at www.theasiamag.com.
Children Under 13
We do not intentionally collect any personally identifiable information from individuals under the age of 13. When necessary, underage users will be told not to submit any personal details and we will make every effort to delete any details of such users where a parent or guardian has informed us that these details have been collected.
Changes to this Statement
The "terms and conditions" and "privacy statement" were last updated on 15 July 2010.
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