OPENEYE WEBSITE TERMS OF USE
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IMPORTANT NOTICE - READ CAREFULLY: THE WEB PAGES AVAILABLE AT OPENEYEWORLD.COM AND ALL LINKED PAGES (THE "SITE") ARE OWNED AND OPERATED BY OPENEYE PVT. LTD ("OPENEYE") . THIS AGREEMENT GOVERNS YOUR USE OF THE SITE AS WELL AS ANY CONTENT OR SERVICE (AS DEFINED BELOW) PROVIDED ON THE SITE. BY ACCESSING OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICE PROVIDED ON THE SITE, YOU AGREE UNCONDITIONALLY TO BECOME BOUND BY ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SITE OR USE ANY CONTENT OR SERVICE ON THE SITE.
1.DEFINITIONS
In this Agreement where the context so admits, the following expressions shall have the following meanings:
"Agreement" means these online terms of use, as may be updated by OpenEye from time to time in its sole discretion;
"Content" means all audio and/or visual data, information or material, including but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips;
"Information" means all data, information or material provided or submitted by you in the course of using the Site or the Service;
"Intellectual Property Rights" means all intellectual property rights (including without limitation patents, copyright, designs, trade secrets, trade marks and rights in confidential information) worldwide arising under statutory or common law, and whether or not perfected, and any applications for the foregoing;
"Service" means the services provided to you at the Site which you are granted access to pursuant to the terms of this Agreement.
2.ACCESS
2.1.As a condition to your use of the Site and/or the Service, you must register with OpenEye and create an account on the Site. OpenEye reserves the right to approve of or refuse registration of your account, at its sole discretion.
2.2.By agreeing to grant you access, we do not obligate ourselves to do so or to maintain the Site and/or Service. For the avoidance of doubt, OpenEye expressly reserves the right to change, suspend or discontinue the Site or any Services or Content provided on the Site, for any reason and at any time.
3.USER CONDUCT
3.1.You are responsible for all activity occurring under your account and shall abide by the terms of this Agreement and all applicable laws and regulations in connection with your use of the Site and/or the Service.
3.2.You represent and warrant that you have the legal power and authority to enter into this Agreement.
3.3.In connection with your use of the Site and/or the Service, you agree:
(i) to provide accurate, complete and updated registration information and be solely responsible for the accuracy of the registration information given to OpenEye;
(ii) to maintain the confidentiality of your password and to notify OpenEye immediately of any unauthorised use of your password or account or any other known or suspected breach of security;
(iii) to comply with all notices or instructions given by OpenEye from time to time in respect of the use of the Site and/or the Service;
(iv) to be solely responsible for obtaining, at your own cost, all licences, permits, consents, approvals and intellectual property or other rights as may be required;
(v) to report to OpenEye immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you;
(vi) not to impersonate another OpenEye user or provide false information to gain access to or use the Site or the Service;
(vii) not to send any message which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature;
(viii) not to introduce, post or transmit any information or software which contains a virus, worm or other harmful component;
(ix) not to infringe any intellectual property rights of any person or retain information in any computer system or otherwise with an intention to do so;
(x) not to introduce, post or transmit any information or comments linking to affiliate programs, multi-level marketing schemes or off-topic content;
(xi) not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission (with the exception of accessing RSS feeds) . Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
(xii) not to use the Site and/or the Service with the intention of artificially inflating or altering any "OpenEye vote count", article count, comments, or any other OpenEye service, including by way of creating separate user accounts, giving or receiving money or other remuneration in exchange for votes, or participating in any other organized effort that in any way artificially alters the results of OpenEye's services;
(xiii) not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way;
(xiv) not to modify or make derivative works based upon the Service or the Content;
(xv) not to create Internet links to the Service or frame or mirror any Content on any other server or wireless or Internet-based device unless explicitly agreed to with OE ; and
(xvi) not to use or access the Service, in any form whatsoever, so as to design, realize, distribute or market a similar or equivalent competitive product or service.
3.4.You hereby agree that OpenEye may:
(i) use Information supplied to OpenEye by you for OpenEye’s own internal and marketing purposes, and supply such Information to third parties to use for such purposes;
(ii) use Information supplied to OpenEye by you for the operation of the Site and/or the provision of the Service, and supply such Information to third parties for such purposes;
(iii) retain Information supplied to OpenEye by you in OpenEye’s possession, notwithstanding the suspension or termination of this Agreement, unless you inform OpenEye in writing to delete Information supplied by you.
3.5.For the avoidance of doubt, OpenEye reserves the right to refuse to post or to remove any information or material, either in whole or in part, that in OpenEye’s sole discretion is unacceptable, undesirable, inappropriate or in violation of this Agreement.
4.INTELLECTUAL PROPERTY
4.1.OpenEye shall own all rights, title and interest, including all related Intellectual Property Rights, in and to the Content and the Service. Any and all Intellectual Property Rights subsisting or comprised in or arising from all works and materials created by OpenEye during the course of or relating to the provision of the Service shall vest in, be retained by and be deemed to be the exclusive property of OpenEye.
4.2.OpenEye, Openeyeworld and other OpenEye graphics, logos, designs, page headers, button icons, scripts, and service names are registered trade marks, trade marks or trade dress of OpenEye in Singapore and other countries. OpenEye's trade marks and trade dress may not be used, including as part of a trade mark and/or domain name, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the OpenEye icon pack may be used by partner and third party sites in connection with providing appropriate "Submit to OpenEye" links to the Site.
4.3.By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the Site, you represent and warrant that you own all rights (including all Intellectual Property Rights) in the Content and you agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/licenses/publicdomain/. For the avoidance of doubt, the foregoing does not apply to Content on any third party websites to which the Services link.
5.NOTIFICATION OF INTELLECTUAL PROPERTY INFRINGEMENT
5.1.OpenEye respects the intellectual property of others. It is OpenEye’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. OpenEye will promptly process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws. OpenEye may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. OpenEye will terminate access for subscribers and account holders who are repeat infringers.
5.2.Notifying OpenEye of Infringement: To provide OpenEye with notice of an infringement, please contact our designated representative at the contact details listed below. We will respond to your complaint as soon as possible. Please also note that you may be liable for damages (including costs and lawyers’ fees) for any misrepresentation that your intellectual property rights are infringed.
Name: Tom O’Malley
Appointment: CEO
Email Address: abuse@openeyeworld.com
5.3.Providing OpenEye with Counter-Notification: If we remove or disable access to material in response to a notice of infringement, we will make reasonable attempts to contact the owner or administrator of the affected site or material. If you feel that your material does not constitute infringement, you may provide OpenEye with a counter notification by contacting our designated representative at the contact details listed above. Please note that you may be liable for damages (including costs and lawyers’ fees) for any misrepresentation that your material does not infringe the intellectual property rights of others.
6.LINKS
6.1.Links to other websites or resources may be provided on the Site and/or through the Service. Because OpenEye has no control over such websites or resources, you acknowledge and agree that OpenEye is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertisements, products or other materials on or available from such websites or resources. You further acknowledge and agree that OpenEye 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 websites or resource.
7.OPENEYE PRIVACY POLICY
7.1.OpenEye's current privacy policy is available at http://www.openeyeworld.com/PrivacyPolicy (the "Privacy Policy") , which is incorporated into this Agreement by reference. OpenEye reserves the right to modify its privacy policies in its discretion from time to time.
8.TERMINATION
8.1.This Agreement will remain in full force and effect while you are a registered user of the Site and/or the Service. Even after you are no longer a user of the Website and/or the Services, clauses 3 to 12 will remain in effect.
8.2.OpenEye may at its sole discretion modify, suspend or terminate your account at any time with immediate effect, without prior notice or liability, if:
(i) you breach any of the terms and conditions of this Agreement; or
(ii) we receive notice of a breach or alleged breach by you of any applicable laws or regulations arising out of or in connection with your use of the Site or the Service.
9.INDEMNITY
9.1.You shall indemnify and hold OpenEye, its parents, subsidiaries, affiliates, customers, officers, directors, employees and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyers’ fees and costs) arising out of or in connection with: (i) your use of the Site or the Service; (ii) infringement by you of any intellectual property or other right of a third party; or (iii) a claim arising from the breach by you of this Agreement.
10.DISCLAIMER
10.1.OpenEye makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service or Content.
10.2.For the avoidance of doubt, OpenEye does not represent or warrant that (a) the use of the Service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the Service or the server(s) that makes the Service available are free of viruses or other harmful components.
10.3.The Service and all content is provided to you strictly on an "as is" basis. OpenEye specifically disclaims any and all other warranties and representations whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, to the maximum extent permitted by applicable law.
11.LIMITATION OF LIABILITY
11.1.OpenEye makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service or Content.
11.2.It is expressly agreed that you are solely responsible for all results and consequences (whether direct or indirect) derived from your use of the Site and/or the Service.
11.3.In no event shall OpenEye be liable to you or any third party for any special, incidental, indirect or consequential damages of any type or kind however caused, whether in tort or contract, including lost data, revenue, profits, use or other economic advantage, arising under or in connection with the use of the Site, the Service, Content and/or Information, including but not limited to the use or inability to use the Service, or any interruption, inaccuracy, error or omission, regardless of cause, in any content obtained from or through the Site or Service.
12.MODIFICATION
12.1.OpenEye reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. You are responsible for regularly reviewing this Agreement. Use of the Site and/or the Service after any modification(s) shall constitute your acceptance of the Terms of Use as modified.
13.MISCELLANEOUS
13.1.No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind OpenEye in any respect whatsoever.
13.2.OpenEye’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by OpenEye in writing.
13.3.OpenEye shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond OpenEye's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference) .
13.4.If any provision of this Agreement is found by a court of competent jurisdiction to be void, voidable, illegal or otherwise unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
13.5.This Agreement is not assignable, transferable or sublicensable by you except with OpenEye’s prior written consent. OpenEye may transfer, assign or delegate this Agreement and its rights and obligations without your consent.
13.6.This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
13.7.Subject to clause 12, no variation, waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by or on behalf of the parties hereto.
13.8.Nothing in this Agreement is intended to grant to any third party any right to enforce any term of this Agreement or to confer on any third party any benefits under this Agreement for the purposes of the Contract (Rights of Third Parties) Act (Cap. 53B) , the application of which legislation is hereby expressly excluded.
13.9.This Agreement is governed by the laws of the Republic of Singapore and you hereby submit to the non-exclusive jurisdiction of the Singapore courts.
IMPORTANT NOTICE - READ CAREFULLY: THE WEB PAGES AVAILABLE AT OPENEYEWORLD.COM AND ALL LINKED PAGES (THE "SITE") ARE OWNED AND OPERATED BY OPENEYE PVT. LTD ("OPENEYE") . THIS AGREEMENT GOVERNS YOUR USE OF THE SITE AS WELL AS ANY CONTENT OR SERVICE (AS DEFINED BELOW) PROVIDED ON THE SITE. BY ACCESSING OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICE PROVIDED ON THE SITE, YOU AGREE UNCONDITIONALLY TO BECOME BOUND BY ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SITE OR USE ANY CONTENT OR SERVICE ON THE SITE.
1.DEFINITIONS
In this Agreement where the context so admits, the following expressions shall have the following meanings:
"Agreement" means these online terms of use, as may be updated by OpenEye from time to time in its sole discretion;
"Content" means all audio and/or visual data, information or material, including but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips;
"Information" means all data, information or material provided or submitted by you in the course of using the Site or the Service;
"Intellectual Property Rights" means all intellectual property rights (including without limitation patents, copyright, designs, trade secrets, trade marks and rights in confidential information) worldwide arising under statutory or common law, and whether or not perfected, and any applications for the foregoing;
"Service" means the services provided to you at the Site which you are granted access to pursuant to the terms of this Agreement.
2.ACCESS
2.1.As a condition to your use of the Site and/or the Service, you must register with OpenEye and create an account on the Site. OpenEye reserves the right to approve of or refuse registration of your account, at its sole discretion.
2.2.By agreeing to grant you access, we do not obligate ourselves to do so or to maintain the Site and/or Service. For the avoidance of doubt, OpenEye expressly reserves the right to change, suspend or discontinue the Site or any Services or Content provided on the Site, for any reason and at any time.
3.USER CONDUCT
3.1.You are responsible for all activity occurring under your account and shall abide by the terms of this Agreement and all applicable laws and regulations in connection with your use of the Site and/or the Service.
3.2.You represent and warrant that you have the legal power and authority to enter into this Agreement.
3.3.In connection with your use of the Site and/or the Service, you agree:
(i) to provide accurate, complete and updated registration information and be solely responsible for the accuracy of the registration information given to OpenEye;
(ii) to maintain the confidentiality of your password and to notify OpenEye immediately of any unauthorised use of your password or account or any other known or suspected breach of security;
(iii) to comply with all notices or instructions given by OpenEye from time to time in respect of the use of the Site and/or the Service;
(iv) to be solely responsible for obtaining, at your own cost, all licences, permits, consents, approvals and intellectual property or other rights as may be required;
(v) to report to OpenEye immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you;
(vi) not to impersonate another OpenEye user or provide false information to gain access to or use the Site or the Service;
(vii) not to send any message which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature;
(viii) not to introduce, post or transmit any information or software which contains a virus, worm or other harmful component;
(ix) not to infringe any intellectual property rights of any person or retain information in any computer system or otherwise with an intention to do so;
(x) not to introduce, post or transmit any information or comments linking to affiliate programs, multi-level marketing schemes or off-topic content;
(xi) not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission (with the exception of accessing RSS feeds) . Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
(xii) not to use the Site and/or the Service with the intention of artificially inflating or altering any "OpenEye vote count", article count, comments, or any other OpenEye service, including by way of creating separate user accounts, giving or receiving money or other remuneration in exchange for votes, or participating in any other organized effort that in any way artificially alters the results of OpenEye's services;
(xiii) not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way;
(xiv) not to modify or make derivative works based upon the Service or the Content;
(xv) not to create Internet links to the Service or frame or mirror any Content on any other server or wireless or Internet-based device unless explicitly agreed to with OE ; and
(xvi) not to use or access the Service, in any form whatsoever, so as to design, realize, distribute or market a similar or equivalent competitive product or service.
3.4.You hereby agree that OpenEye may:
(i) use Information supplied to OpenEye by you for OpenEye’s own internal and marketing purposes, and supply such Information to third parties to use for such purposes;
(ii) use Information supplied to OpenEye by you for the operation of the Site and/or the provision of the Service, and supply such Information to third parties for such purposes;
(iii) retain Information supplied to OpenEye by you in OpenEye’s possession, notwithstanding the suspension or termination of this Agreement, unless you inform OpenEye in writing to delete Information supplied by you.
3.5.For the avoidance of doubt, OpenEye reserves the right to refuse to post or to remove any information or material, either in whole or in part, that in OpenEye’s sole discretion is unacceptable, undesirable, inappropriate or in violation of this Agreement.
4.INTELLECTUAL PROPERTY
4.1.OpenEye shall own all rights, title and interest, including all related Intellectual Property Rights, in and to the Content and the Service. Any and all Intellectual Property Rights subsisting or comprised in or arising from all works and materials created by OpenEye during the course of or relating to the provision of the Service shall vest in, be retained by and be deemed to be the exclusive property of OpenEye.
4.2.OpenEye, Openeyeworld and other OpenEye graphics, logos, designs, page headers, button icons, scripts, and service names are registered trade marks, trade marks or trade dress of OpenEye in Singapore and other countries. OpenEye's trade marks and trade dress may not be used, including as part of a trade mark and/or domain name, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the OpenEye icon pack may be used by partner and third party sites in connection with providing appropriate "Submit to OpenEye" links to the Site.
4.3.By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the Site, you represent and warrant that you own all rights (including all Intellectual Property Rights) in the Content and you agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/licenses/publicdomain/. For the avoidance of doubt, the foregoing does not apply to Content on any third party websites to which the Services link.
5.NOTIFICATION OF INTELLECTUAL PROPERTY INFRINGEMENT
5.1.OpenEye respects the intellectual property of others. It is OpenEye’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. OpenEye will promptly process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws. OpenEye may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. OpenEye will terminate access for subscribers and account holders who are repeat infringers.
5.2.Notifying OpenEye of Infringement: To provide OpenEye with notice of an infringement, please contact our designated representative at the contact details listed below. We will respond to your complaint as soon as possible. Please also note that you may be liable for damages (including costs and lawyers’ fees) for any misrepresentation that your intellectual property rights are infringed.
Name: Tom O’Malley
Appointment: CEO
Email Address: abuse@openeyeworld.com
5.3.Providing OpenEye with Counter-Notification: If we remove or disable access to material in response to a notice of infringement, we will make reasonable attempts to contact the owner or administrator of the affected site or material. If you feel that your material does not constitute infringement, you may provide OpenEye with a counter notification by contacting our designated representative at the contact details listed above. Please note that you may be liable for damages (including costs and lawyers’ fees) for any misrepresentation that your material does not infringe the intellectual property rights of others.
6.LINKS
6.1.Links to other websites or resources may be provided on the Site and/or through the Service. Because OpenEye has no control over such websites or resources, you acknowledge and agree that OpenEye is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertisements, products or other materials on or available from such websites or resources. You further acknowledge and agree that OpenEye 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 websites or resource.
7.OPENEYE PRIVACY POLICY
7.1.OpenEye's current privacy policy is available at http://www.openeyeworld.com/PrivacyPolicy (the "Privacy Policy") , which is incorporated into this Agreement by reference. OpenEye reserves the right to modify its privacy policies in its discretion from time to time.
8.TERMINATION
8.1.This Agreement will remain in full force and effect while you are a registered user of the Site and/or the Service. Even after you are no longer a user of the Website and/or the Services, clauses 3 to 12 will remain in effect.
8.2.OpenEye may at its sole discretion modify, suspend or terminate your account at any time with immediate effect, without prior notice or liability, if:
(i) you breach any of the terms and conditions of this Agreement; or
(ii) we receive notice of a breach or alleged breach by you of any applicable laws or regulations arising out of or in connection with your use of the Site or the Service.
9.INDEMNITY
9.1.You shall indemnify and hold OpenEye, its parents, subsidiaries, affiliates, customers, officers, directors, employees and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyers’ fees and costs) arising out of or in connection with: (i) your use of the Site or the Service; (ii) infringement by you of any intellectual property or other right of a third party; or (iii) a claim arising from the breach by you of this Agreement.
10.DISCLAIMER
10.1.OpenEye makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service or Content.
10.2.For the avoidance of doubt, OpenEye does not represent or warrant that (a) the use of the Service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the Service or the server(s) that makes the Service available are free of viruses or other harmful components.
10.3.The Service and all content is provided to you strictly on an "as is" basis. OpenEye specifically disclaims any and all other warranties and representations whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, to the maximum extent permitted by applicable law.
11.LIMITATION OF LIABILITY
11.1.OpenEye makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service or Content.
11.2.It is expressly agreed that you are solely responsible for all results and consequences (whether direct or indirect) derived from your use of the Site and/or the Service.
11.3.In no event shall OpenEye be liable to you or any third party for any special, incidental, indirect or consequential damages of any type or kind however caused, whether in tort or contract, including lost data, revenue, profits, use or other economic advantage, arising under or in connection with the use of the Site, the Service, Content and/or Information, including but not limited to the use or inability to use the Service, or any interruption, inaccuracy, error or omission, regardless of cause, in any content obtained from or through the Site or Service.
12.MODIFICATION
12.1.OpenEye reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. You are responsible for regularly reviewing this Agreement. Use of the Site and/or the Service after any modification(s) shall constitute your acceptance of the Terms of Use as modified.
13.MISCELLANEOUS
13.1.No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind OpenEye in any respect whatsoever.
13.2.OpenEye’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by OpenEye in writing.
13.3.OpenEye shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond OpenEye's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference) .
13.4.If any provision of this Agreement is found by a court of competent jurisdiction to be void, voidable, illegal or otherwise unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
13.5.This Agreement is not assignable, transferable or sublicensable by you except with OpenEye’s prior written consent. OpenEye may transfer, assign or delegate this Agreement and its rights and obligations without your consent.
13.6.This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
13.7.Subject to clause 12, no variation, waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by or on behalf of the parties hereto.
13.8.Nothing in this Agreement is intended to grant to any third party any right to enforce any term of this Agreement or to confer on any third party any benefits under this Agreement for the purposes of the Contract (Rights of Third Parties) Act (Cap. 53B) , the application of which legislation is hereby expressly excluded.
13.9.This Agreement is governed by the laws of the Republic of Singapore and you hereby submit to the non-exclusive jurisdiction of the Singapore courts.
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