For purposes of these TOS, the following defined terms shall have these meanings: (A) "Services(s)" shall mean any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as software or wireless devices; (B) "Site" shall mean this site; (C) "Site Content" shall mean any and all human readable patent audio and/or visual elements of the Site, created or owned by Prosperous Spring Pte Ltd, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works, designs, logos, information, and other content made available through the Site; (D) "Site Code" means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site; (E) "User Information" means any information provided by you, through a registration or purchase process in this Site or a third party site, for the purpose of using certain Services.
If there are terms of service listed on any website in addition to these Terms of Service, these Terms of Service alone shall govern your relationship with Prosperous Spring Pte Ltd.
License to Use the Site
Prosperous Spring Pte Ltd grants you a revocable, non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and Site Content as described herein for your personal use only, by way of one (1) computer connected to the Site over the Internet, provided that you comply fully with these TOS. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized, will be a violation of these TOS and will constitute a copyright violation. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOS or by law.
Changes to Site and/or Terms of Service
Changes in Site Ownership
Ownership of Trademarks, Copyrights, Intellectual Property
The Site, Site Content, Site Code and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to Prosperous Spring Pte Ltd and are owned by Prosperous Spring Pte Ltd and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted in writing by Prosperous Spring Pte Ltd, you will not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an "Unauthorized Use").
Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of Prosperous Spring Pte Ltd and/or its licensors and content providers and constitutes a violation of these TOS. Any violation of copyright laws may be subject to severe civil and criminal penalties.
Site Services and Rules for Use
Acceptance of Terms
In consideration for your use of the Services, you agree to (i) comply with the Rules, and (ii) provide accurate, complete and true information about yourself as may be required on any "User Information" form for Services. Users who violate the Rules, or provide inaccurate, false, or non-current User Information may, at Prosperous Spring Pte Ltd's sole discretion, have their use of the Services suspended or terminated, and may be permanently banned from using any current or future Services.
Please note that Prosperous Spring Pte Ltd may share your User Information or other information when Prosperous Spring Pte Ltd is requested to do so by law, legal process or court order.
Prosperous Spring Pte Ltd sites may frame, and/or contain links to or advertisements about, non-Prosperous Spring Pte Ltd Web sites. Other sites may also reference, advertise, or link to Prosperous Spring Pte Ltd sites. Prosperous Spring Pte Ltd does not endorse or sponsor other Web sites and is not responsible for the content of such sites. Prosperous Spring Pte Ltd expressly disclaims any statements or assertions made on non-Prosperous Spring Pte Ltd Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.
Your right to use the Site automatically terminates if you violate these TOS or any rules or guidelines posted in connection with the Site. You understand and agree that Prosperous Spring Pte Ltd may, in its sole discretion and at any time, terminate use of any Service, for any reason. Prosperous Spring Pte Ltd may also, in its sole discretion and at any time, discontinue any Site or Service or limit or restrict any user's access thereto, for any reason. You understand and agree that Prosperous Spring Pte Ltd may take any one or more of these actions with or without prior notice to you. Should Prosperous Spring Pte Ltd take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your User Information. FURTHER, YOU AGREE THAT PROSPEROUS SPRING PTE LTD SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SITE (OR ANY PORTION THEREOF). You may discontinue your access to the Site at any time. Prosperous Spring Pte Ltd reserves the right to investigate your use of the Site in the event Prosperous Spring Pte Ltd, in its sole discretion, believes you have violated these Terms of Service.
THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROSPEROUS SPRING PTE LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. PROSPEROUS SPRING PTE LTD DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE, SERVICES OR SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, THE SERVER THAT MAKES THEM AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. PROSPEROUS SPRING PTE LTD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, THE SITE CODE, THE SERVICES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PROSPEROUS SPRING PTE LTD) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND SOFTWARE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PROSPEROUS SPRING PTE LTD BE LIABLE FOR ANY LOSS OF PROFIT OR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, SITE CODE OR THE SOFTWARE, EVEN IF PROSPEROUS SPRING PTE LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. WHILE PROSPEROUS SPRING PTE LTD TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, PROSPEROUS SPRING PTE LTD SHALL NOT BE LIABLE FOR ANY LOSS OF PROFIT OR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PROSPEROUS SPRING PTE LTD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, EXPENSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO PROSPEROUS SPRING PTE LTD, IF ANY, FOR ACCESSING THIS SITE.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Prosperous Spring Pte Ltd may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Prosperous Spring Pte Ltd's liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Prosperous Spring Pte Ltd, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, any other content) you (or anyone using your account) submit, post, or transmit on or through the Site; (b) your (or anyone using your account's) use of the Site; (c) your (or anyone using your account's) violation of these Terms of Service; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Prosperous Spring Pte Ltd reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Prosperous Spring Pte Ltd in asserting any available defenses.
Prosperous Spring Pte Ltd shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or the availability of Site or Services, or for any inaccuracy, unreliability or unsuitability of this the Site Content, Site Code, and the Software if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (which includes without limitation acts of God, natural disasters, acts of any government or authority, power failures, and the acts or a party for whom Prosperous Spring Pte Ltd is not responsible.
Governing Law; Arbitration
This Site is operated by the Prosperous Spring Pte Ltd office within Singapore and elsewhere around the world. It can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing this Site both you and the Prosperous Spring Pte Ltd agree that the statutes and laws of the Republic of Singapore, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Site.
You also agree and hereby submit to the jurisdiction and venue of the Courts of the Republic of Singapore with respect to all such matters.
Effective Date: 1 November 2011