Terms of Service
Effective Date: November 1, 2006
ACCEPTANCE OF TERMS
Xinfom/Morange
welcomes you. By checking the “Terms and Conditions” box, or
registering for Xinfom/Morange's Services (defined below), or accessing and
using the xinfom.com website, you agree that you have read,
understand, and accept the terms and conditions described below (the
“Terms of Service”). By agreeing to the Terms of Service, you agree
that you have read, understand, and accept the terms and conditions of
the Privacy Policy, which are incorporated herein by reference. If you
do not agree to these Terms of Service, you should not use any of the
Services.
DESCRIPTION OF SERVICES
Xinfom/Morange
is a mobile service that aims to mobilize the digital world around you
and make it easily accessible form your mobile phone. Xinfom/Morange provides
users with a variety of services including, but not limited to, the
xinfom.com website, mobile phone applications (including but not
limited to the Xinfom/Morange J2MEand Xinfom/Morange Desktop applications), an
application program interface (“API”) which allows developers to
customize the content received through use of the Services
(collectively the "Services"). Xinfom/Morange are products of Xinfom PTE LTD.
ELIGIBILITY
You
must be at least 18 years old to use the Services. By accessing,
browsing, or using the Xinfom website or using Xinfom/Morange's Services, you
are representing that you are at least 18 years old.
CHANGES IN TERMS OF SERVICE
Xinfom/Morange
reserves the right at any time and from time to time to modify, update
or amend these Terms of Service, in its sole discretion. The amended
Terms of Service will be posted on the Xinfom web site. Your continued
use of the Services constitutes your acceptance of any such changes or
modifications to the Terms of Service.
MODIFICATIONS TO THE SERVICES
By
agreeing to these Terms of Service, you agree that Xinfom/Morange may, in its
sole discretion terminate, discontinue, suspend or modify the Services
in whole or in part (such as the website or a portion thereof, or the
mobile services) with or without notice. You further agree that Xinfom/Morange
may, in its sole discretion terminate, discontinue, suspend or modify
your access to, or use of, the Services in whole or in part (such as
the website or a portion thereof, or the mobile services) with or
without notice. You agree that Xinfom/Morange shall not be liable to you or
any third party for any direct, indirect, or consequential damages
stemming from these modifications. Even if your Xinfom/Morange Services are
terminated or you terminate use of the Services, you agree that the
Terms of Service continue to apply, including, but not limited to, the
provisions relating to indemnification, liability limitations,
disclaimers, and proprietary rights.
PASSWORD AND SECURITY
Upon
registration for the Xinfom/Morange Services, you will be required to provide
Xinfom/Morange with your password and user name. You understand that you are
solely responsible for maintaining the confidentiality of your password
and that you shall be solely and fully responsible for all activities
that occur under your username and password. Xinfom/Morange shall not be
responsible for any loss, claim or other liability that may arise from
the unauthorized use of any password. You agree to immediately notify
Xinfom/Morange of any unauthorized use of your password or username or any
other breach of security. If a password is lost or stolen, it is the
user's responsibility to change the password, and immediately notify
Xinfom/Morange, so that your account remains both secure and functional.
Xinfom/Morange PRIVACY POLICY
Concerns
about privacy are addressed in our Privacy Policy. By agreeing to the
Terms of Service, you agree that you have read, understand, and accept
the terms and conditions of the Privacy Policy, which are incorporated
herein by reference. You may also contact support@xinfom.com for further
information.
USER CONDUCT
As
the user, you accept total responsibility for your behavior and conduct
while using the Services. You understand that all information, data,
text, software, music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from whom such
Content originated. This means that you, and not Xinfom/Morange, are entirely
responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Services. Xinfom/Morange does not control the
Content posted via the Services and, as such, does not guarantee the
accuracy, integrity or quality of such Content.
You agree not to use the Services to:
1.
upload, post, email, transmit, forward, provide links to, or otherwise
make available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
2. upload, post,
email, transmit, forward, provide links to, store or otherwise make
available any material that infringes copyrighted material or promotes
the violation of the intellectual property rights of others, including
but not limited to trademark and patent violations;
3.
copy, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code of, or modify the
Services in any manner;
4. upload, post,
email, transmit, forward, provide links to, or otherwise make available
any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation;
5. impersonate any
person or entity, including, but not limited to, Xinfom/Morange officials, or
falsely state or otherwise misrepresent your affiliation with a person
or entity;
6. upload, post, email,
transmit, forward, provide links to, or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of Xinfom/Morange's Services;
7.
interfere with or disrupt the Services or servers or networks connected
to the Services, or disobey any requirements, procedures or policies or
regulations connected to the Services;
8. intentionally or unintentionally violate any applicable local, state, national, or international law.
If
we believe that you have committed any of the foregoing or other
illegal, fraudulent or deceptive acts, Xinfom/Morange may, without notice and
in its sole discretion, subject you to sanctions, including, but not
limited to, termination of your access to the Services, cancellation of
your account and potential civil liability. Xinfom/Morange retains the right
to eliminate or remove any content or terminate any user that violates
these conditions, but is under no obligation or responsibility to do
so. Any violator should be reported to support@xinfom.com .
You
acknowledge, consent and agree that Xinfom/Morange shall have the right (but
not the obligation) in its sole discretion to preserve and disclose
content or user information if required to do so by law or in the good
faith belief that doing so is necessary to: (i) comply with legal
process; (ii) enforce the Terms of Service; (iii) respond to claims
that any content violates the rights of third parties; (iv) protect the
rights, property, or personal safety of Xinfom/Morange and its employees,
users, or the public; or (v) administer the Services.
SUBMISSIONS
Xinfom/Morange
welcomes your comments regarding the Services. By posting messages,
uploading files, inputting data, providing information, content or
materials to Xinfom/Morange or engaging in any other form of communication
(individually or collectively "Comments") to or within the website or
Services, you grant to Xinfom/Morange a perpetual, worldwide, irrevocable,
unrestricted, non-exclusive, royalty-free license to use (including use
for promotional and advertising purposes), copy, license, sublicense,
adapt, distribute, display, publicly perform, reproduce, transmit,
modify, edit, create derivative works and otherwise exploit such
Comments and any ideas or original materials contained in such
Comments, in all media now known or hereafter developed. This grant
shall include the right to exploit any and all proprietary rights in
such Comments including, without limitation, any and all rights under
copyright, trademark, patent or other laws under any relevant
jurisdiction. You waive all rights you may have to inspect and/or
approve of any use by Xinfom/Morange of any material or idea submitted by you
in any Comments or to receive any compensation for such use. You waive
all rights to any claim against Xinfom/Morange for any alleged or actual
infringements of any proprietary rights, rights of privacy and
publicity, moral rights, and rights of attribution in connection with
such Comments. You agree and understand that Xinfom/Morange is under no
obligations to use any material or ideas submitted by you in any
Comments in any way whatsoever.
PROPRIETARY RIGHTS
You
acknowledge and agree that the Services and all content on the website
(including but not limited to all content, text, pictures, graphics,
headers, images, and software implementing the website), whether
provided by Xinfom/Morange or its business partners (including sponsors,
suppliers, advertisers, and others) contain proprietary and
confidential information that is protected by applicable copyright,
trademark, patent, trade secret, and/ or intellectual property and
other laws such that it is the sole property of Xinfom/Morange or third
parties who may own them.
The content is
intended solely for the non-commercial use of authorized users, for the
sole purpose of accessing email through the MORANG suite of services.
Except where it is expressly authorized by Xinfom/Morange, as described below,
you agree not to duplicate in whole or part, resell, distribute,
license, publish, lease, modify, assign, or sell any content. In
addition, you agree not to reverse engineer or create derivative works
based on the website, content, or service provided by Xinfom/Morange. Except
as expressly granted herein, MORNGE and its business partners do not
impliedly or expressly grant to you any rights or ownership of any
patents, copyrights, trademark, or trade secrets.
Xinfom/Morange
grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any
right in the software. You agree not to modify the software in any
manner or form, or to use modified versions of the software, including
(without limitation) for the purpose of obtaining unauthorized access
to the Services. You agree not to access the Services by any means
other than through the interface that is provided by Xinfom/Morange for use in
accessing the Services.
If you are unsure
whether your intended use complies with the above terms, or would like
to request permission to use the content for another purpose, please
contact support@xinfom.com
INCIDENTAL COSTS ASSOCIATED WITH USE OF THE SERVICES
You
agree that you are solely liable for all costs, fees, and other
expenses resulting from your use of the Services. This specifically
includes, but is not limited to, incidental costs incurred by you in
connection with your use of the Services, including, but not limited
to, costs owed to your cell phone carrier or mobile provider, monthly
cell phone coverage fees, data plan costs, and any other additional
fees incurred from your cell phone carrier or mobile provider in
connection with receipt of transmission of email messages.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Xinfom/Morange
IS ONLY SERVICE ALLOWING SUBSCRIBERS/ REGISTERED USERS TO COMMUNICATE
WITH THIRD PARTIES. OUT OF RESPECT FOR OUR USERS' PRIVACY, Xinfom/Morange DOES
NOT CONTROL OR MONITOR USER MESSAGES AND THEREFORE MAKES NO
REPRESENTATION REGARDING THAT CONTENT – INCLUDING WHETHER IT IS TRUE,
LEGAL, OR SHOULD BE RELIED UPON.
YOUR USE
OF THE SERVICES OR THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICES AND
WEBSITE ARE PROVIDED “AS IS” ON AN “AS AVAILABLE” BASIS. Xinfom/Morange AND
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT THE
SERVICES OR THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL OPERATE
UNINTERRUPTED, WILL OPERATE TIMELY, WILL BE SECURE, OR ERROR FREE.
FURTHER, NO REPRESENATION IS MADE THAT ANY DEFECTS WILL BE CORRECTED
PROMPTLY OR AT ALL.
Xinfom/Morange AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
Xinfom/Morange AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS DO NOT GUARANTEE OR WARRANTY THE RESULTS YOU
WILL RECEIVE FROM THE WEBSITE OR SERVICES, THE INFORMATION YOU RECEIVE
THROUGH THE SERVICES OR WEBSITE FROM EITHER THE SERVICES, THE WEBSITE
OR A THIRD PARTY, OR ANY OTHER MATERIAL OR TRANSACTION OCCURRING OR
BEING RECEIVED BY REASON OF YOUR USE OF THE WEBSITE OR SERVICES. ALL
MATERIAL AND CONTENT, LICENSED MATERIAL, SOFTWARE, CONTENT OR DATA
DOWNLOADED THROUGH THE SERVICES OR WEBSITE, AND ALL OTHER CONTENT
OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES IS AT
YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE
SOLELY LIABLE FOR ANY DAMAGE TO YOUR CELL PHONE OR COMPUTER SYSTEM THAT
RESULTS FROM THE USE OF THE SERVICES OR THE WEBSITE, OR THE DOWNLOAD OF
ANY OF THE ABOVE DESCRIBED CONTENT, MATERIAL, DATA AND/OR SOFTWARE.
Xinfom/Morange
IS NOT RESPONSIBLE FOR, NOR DOES IT ENDORSE, ANY THIRD PARTY WHOM YOU
ACCESS THROUGH THE SERVICES OF THE WEBSITE. INFORMATION OR ADVICE GIVEN
BY Xinfom/Morange OR OTHERWISE ACCESSED BY REASON OF YOUR RELATIONSHIP WITH
Xinfom/Morange IS NOT IN ANY WAY WARRANTIED, EXPRESSLY OR IMPLIEDLY, BY
Xinfom/Morange. USE OF SUCH INFORMATION IS AT YOUR OWN DISCRETION AND RISK.
LIMITATION OF LIABILITY
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE)
SHALL Xinfom/Morange, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES,
INCLUDING, WITHOUT LIMITATION: DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA, HARDWARE, SOFTWARE, CELL PHONE OR COMPUTER DAMAGE, OR OTHER
INTANGIBLE LOSSES (EVEN IF Xinfom/Morange HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE
THE SERVICES OR WEBSITE; (2) ANY BREACH OF THESE TERMS OF SERVICE BY
Xinfom/Morange; (3) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSION
OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES
OR WEBSITE; OR (5) ANY OTHER INTERACTION, DIRECT OR INDIRECT, RELATING
TO THE SERVICES OR WEBSITE
IF YOU ARE
DISSATISFIED WITH THE SERVICES, THE WEBSITE OR ANY CONTENT ON THE
SERVICES OR WEBSITE, OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES OR WEBSITE.
INDEMNITY
You
agree to indemnify, defend and hold harmless Xinfom/Morange, its employees,
officers and directors, or users from and against any and all claims,
liabilities, penalties, settlements, judgments, fees (including
reasonable attorneys' fees) arising from (i) any content that you or
anyone using your account may submit or access via the web site; (ii)
your use of, or inability to use, the Services, including transmission
of emails; (iii) your violation of the terms of these Terms of Service;
and (iv) any violation or failure by you to comply with all laws and
regulations in connection with your use of the Services, whether or not
described herein.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
If
you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please contact support@xinfom.com. You understand
that Xinfom/Morange is under no obligation to take any action, however it may,
in appropriate circumstances and at its sole discretion, disable and/or
terminate the accounts of users violating or infringing the copyright
or other intellectual property rights of others.
MISCELLANEOUS
Waiver and Severability
If any provision of these Terms of Service is held to be invalid or
unenforceable by a court of competent jurisdiction, 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.
Xinfom/Morange's acquiescence in the breach of a provision of the Terms of
Service or failure to act upon such breach does not waive Xinfom/Morange's
right to act with respect to subsequent or similar breaches. Likewise,
the delay or failure of Xinfom/Morange to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of
such right or provision.
Choice of Law and Forum
The
Terms of Service and the relationship between you and Xinfom/Morange shall be
interpreted in accordance with the laws of the Singapore without regard
to conflict of laws principles. You and Xinfom/Morange hereby agree to submit,
exclusively, to the personal jurisdiction of the state courts with
jurisdiction over court in Singapore .
Entire Agreement
This
agreement constitutes the entire agreement between you and Xinfom/Morange and
governs your use of the Services, superseding any prior agreements
between your and Xinfom/Morange with respect to the Services.
Statute of Limitations
You
agree that any claim or cause of action arising out of or otherwise
related to your use of this Website or the Services must be filed
within one year after the cause of action arose. If the plaintiff fails
to file within one year, the claim shall be forever barred,
notwithstanding any statute of limitations or other provision
indicating otherwise.
Injunctive Relief
You
acknowledge that violation of the Terms of Service could cause
irreparable harm to Xinfom/Morange for which monetary damages may be difficult
to ascertain or be an inadequate remedy. Therefore, you agree that
Xinfom/Morange will have the right, in addition to its other rights and
remedies, to seek and obtain injunctive relief for any violation of the
Terms of Service.
Survival
The
terms and conditions contained in the Terms of Service, including but
not limited to the provisions relating to Indemnity, Proprietary
Rights, Limitation of Liability and Disclaimer of Warranties, that by
their sense and context are intended to survive the performance hereof
by the Parties hereunder shall so survive the completion of the
performance, cancellation or termination of the Terms of Service.
Section Headings
The
section headings and subheadings contained in the Terms of Service are
included for convenience only, and shall not limit or otherwise affect
the Terms of Service.
|