By your access of the Site and/or use of the Services, you hereby agree to be legally bound by this Agreement (as defined below). If you do not accept this Agreement, please leave the Site and discontinue use of the Services immediately.
1.1 You hereby represent and warrant that:
(a) you have read, agree and consent to this Agreement, including these Website Conditions and the terms as amended from time to time;
(b) you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to this Agreement and you are either;
(i) accessing the Site, using the Services and contracting in your own personal capacity;
(ii) accessing the Site, using the Services and contracting on behalf of a corporate entity; or
(iii) contracting as parent or guardian of a child or ward who is less than 18 years old and who is accessing the Site and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by this Agreement and to be liable for your child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and you also agree to ensure that your child or ward observes this Agreement;
(c) you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by this Agreement; and
1.2 storify.me reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. storify.mr may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
1.3 storify.me may from time to time vary, replace, delete, supplement or amend this Agreement by posting the amended Agreement at the Site. Any use of the Services after the amendment of this Agreement will be deemed to be acceptance of the amended Agreement by you. If you do not agree to the amended Agreement, you have the right to close your Account and/or cease using the Services.
2.1 In this Agreement, the following definitions shall apply unless the context does not permit such application:
“Account” means a registered account of a Member opened under the Site or any App.
“App” means any software or mobile application of storify.me.
“Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access the Site or the Services.
“Content” means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
“Linked Sites” is defined in Clause 7.1.
“Member” means a registered member of the Site.
“Personal Data” means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access.
“Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
“Services” is defined in Clause 3.2.
“Site” means the storify.me website and/or platform and includes but is not limited to the material and information contained in the website and/or platform, including any Content and RSS feeds, APIs, software code and scripts, and any other downloadable materials displayed or incorporated therein, as well as the Services offered thereon, as may be applicable.
“storify.me Content” means all Content of storify.me that is made available on or via the Site.
“Third Party Products” means products and services of third parties, including other users, advertised on or available at the Site or websites linked from the Site.
“Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you.
“User Content” means all Content on the Site which is created, transmitted, posted or uploaded by a user of the Site.
2.2 The words “include” and “including” shall not be construed as having any limiting effect.
2.3 The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
3. Site and Services
3.1 The Site is owned and maintained by storify.me.
3.2 storify.me may offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):
(a) access to a collection of information, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts, software applications and other types of works, including any print, digitised or electronic content;
(b) a platform to create, upload and publicly make available personalised content;
(c) an advertising and branding platform;
(d) message boards, forums, blogs, communication tools;
(e) a social networking platform;
(f) email alerts; and
(g) any other features, content or applications that storify.me may offer on or through the Site from time to time in its sole and absolute discretion.
3.3 You acknowledge and agree that to access and use certain Services, you will be required to register as a Member and additionally shall be bound to strictly comply with all terms and conditions as storify.me may prescribe in addition to these Website Conditions and the other terms of this Agreement.
4. Content Use Conditions
4.1 You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
(a) any Service;
(b) the Site;
(c) any storify.me Content except, to the extent permitted, with the prior written consent of storify.me or unless expressly permitted in this Agreement; or
(d) any Third Party User Content except, to the extent permitted, with the prior written consent of storify.me and the owner or licensee of the specific User Content.
4.2 Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, storify.me Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of storify.me.
4.3 To the maximum extent permitted under applicable law, you irrevocably and unconditionally formally waive in each case for the benefit of each of storify.me and all its related corporations as well as their respective successors-in-title, assigns, licensees and other designees, and shall not assert against any of them, any and all Moral Rights which may arise whether now or in the future in Singapore and anywhere else in the world, in relation to any work or materials created by you in the course of or in connection with this Agreement.
For the purposes of these Website Conditions, “Moral Rights” shall include without limitation any and all rights as defined in Part 7 of the Copyright Act 2021 (No. 22 of 2021 of Singapore), as well as other analogous rights arising under any laws anywhere in the world, whether now or in the future.
5. Online Conduct
5.1 You hereby undertake:
(a) to comply with this Agreement, and such other notices or guidelines that may be posted on the Site from time to time (which are hereby incorporated by reference into this Agreement);
(b) not to use any Service or storify.me Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law, the Protection from Online Falsehoods and Manipulation Act 2019 (No. 18 of 2019) and the Protection from Harassment Act (Cap. 256A));
(c) not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;
(d) not to use any automated process, use any kind of scripting software or bots or service to access and/or use the Site and/or Services; and
(e) not to use the Account of another Member at any time, whether with or without his/her permission.
6. Disclaimers & Limitations
6.1 While we make every effort to ensure that all storify.me displayed on the Site is accurate and complete, we provide the storify.me Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, storify.me disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, storify.me does not warrant that the functions contained in or access to or use of the Site, Services, storify.me Content or other content will be timely, secure, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, storify.me Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any storify.me Content in or with any Computer will not affect the functionality or performance of the Computer. storify.me does not warrant or make any representations regarding the use or the results of the use of the storify.me Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You agree that you (and not storify.me) shall bear and assume all risk arising out of your use of the Site, Services, storify.me Content or the Servers including, without limitation the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. Without limiting the foregoing, you agree not to hold storify.me liable for the loss of any of your User Content that is due to any circumstances beyond the control of storify.me.
6.2 The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it. Any financial or investment information in the Site are for use in Singapore only and are intended to be for your general information only. You should not rely upon such information in making any particular investment or other decision which should only be made after consulting with a fully qualified financial adviser. Such information does not and is not intended to constitute any form of investment advice or any inducement, invitation or recommendation relating to any of the products listed or referred to. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. storify.me does not sponsor, endorse or promote any financial products, services or information.
6.3 You acknowledge and agree that storify.me does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and storify.me hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
6.4 You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on the Site should be used, accepted and relied upon only with care and discretion and at your own risk, and storify.me shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
6.5 You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of this Agreement, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.
6.6 storify.me may in our sole and absolute discretion, screen, delete and/or remove any Content made available on the Site, including where storify.me receives a complaint from another user or a notice of intellectual property infringement or other direction for removal, or where in storify.me’s sole and absolute opinion such Content is in breach of this Agreement, or is illegal or otherwise objectionable, or for any other reason as storify.me may see fit. storify.me may use automated systems that analyse any Content made available by you to help detect infringement and abuse, such as spam, malware, and illegal content. storify.me may delete, archive, block or remove communications by you (including but not limited to feedback, postings, messages and/or chats).
6.7 You agree that:
(a) storify.me shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
(b) access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,
and in any such event, storify.me shall not be liable for any loss, liability or damage which may be incurred as a result.
6.8 Under no circumstances, including, but not limited to, negligence, shall storify.me be liable for any indirect, special, consequential, loss of profits, loss of business or incidental damages suffered by any party or that result from (A) this Agreement; or (B) the use of, or the inability to use, the storify.me Content, Services, Site, or any other website, even if storify.me or a storify.me authorised representative has been advised of, or should have foreseen, the possibility of such damages.
6.9 To the maximum extent permitted by applicable law, storify.me disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.
6.10 You agree that the above exclusions and limitations of liability are reasonable and enable the Services and the storify.me Content to be provided by storify.me at either reasonable costs or no costs to you.
7. Linked Sites
7.1 storify.me may provide links to other sites (“Linked Sites“) that may be of relevance and interest to users. storify.me has no control over, and is not responsible for, the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
8. Data Use & Privacy
8.2 The foregoing consents provided by you in Clause 1 supplements but does not supersede nor replace any other consents you may have previously provided to storify.me in respect of your Personal Data, and your consents herein are additional to any rights which we may have at law to collect, use or disclose your Personal Data.
8.3 The Site may provide links to Linked Sites whose data protection and privacy practices may differ from those set forth here. We are not responsible for the content and privacy practices of these other websites and you agree to review and abide by the data protection and privacy notices of those sites.
9.1 You agree that storify.me has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site or Services, without assigning any reason. Grounds for such termination may include, but are not limited to: (a) a breach of any of the terms under the Agreement; (b) violation of any applicable law; (c) fraudulent, harassing, defamatory, threatening or abusive behaviour; and/or (d) behaviour that is harmful to other users, third parties, or the business interests of storify.me. Use of your Account, the Site and/or the Services for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you.
9.2 Upon suspension or termination of your Account or your access to all or any part of the Site or Services,
(a) all rights and/or licences granted to you under this Agreement shall immediately terminate;
(b) we may remove or discard from the Services any Content associated with your Account; and
(c) you remain liable for all obligations you may have incurred under this Agreement.
10. Notification of Infringement
10.1 storify.me reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of storify.me Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the Site, please notify storify.me in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
10.3 storify.me will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against storify.me in respect of any Infringing Material, unless you have first given storify.me the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter storify.me refuses or fails to remove the Infringing Material within a reasonable time. Where storify.meremoves the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against storify.me under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by storify.me.
10.4 You acknowledge and agree that storify.me has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
11.1 You agree to indemnify and hold storify.me, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
(a) any use of the Site or any Service;
(b) your connection to the Site;
(c) your breach of any terms and conditions of this Agreement;
(d) your violation of any rights of another person or entity; or
(e) your breach of any statutory requirement, duty or law.
12.1 If any provision of this Agreement is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, this Agreement shall continue in force save that such provision shall be deemed to be deleted.
13.1 No waiver of any rights or remedies by storify.me shall be effective unless made in writing and signed by an authorised representative of storify.me.
13.2 A failure by storify.me to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
14. Governing Law
14.1 These terms shall be governed in all respects by the laws of Singapore.