Actigage Terms of Service (ToS)
The Site or event mobile app contains information on its service which enables event professionals to seamlessly set up an event online, with our event management applications (the "Service") and software products, including our proprietary software applications and codes. The Software and the Service shall be collectively referred thereafter as the "Platform". The users of the Platform ("User" or "you") are invited to use the Platform in accordance with these terms and conditions.
1. Information about Actigage
www.actigage.com is a website operated by Actigage Pte Ltd('we'). We are registered in Singapore under company registration number 201533388W and registered office address at .
2. Acceptance of the Terms
The Terms may be revised and updated from time to time, with or without any notice. We shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. We urge you to check the Last Revised date which appears at the top of the Terms. You can review the most current version of the Terms at any time at: http://www.Actigage.com/terms.
By accessing the Site or mobile event app, linking to the Site, downloading or using the Software and/or using the Service, you acknowledge that the Terms constitute a binding and enforceable legal contract between us and any person accessing, linking to, or using the Site and/or the Service.
3. Description of Actigage
Actigage enables event professionals and marketers ("User" or "you") to create custom branded mobile app for Events, Conferences and Exhibitions. We shall make the Platform available from time to time and in its sole discretion, we explicitly states, and you hereby acknowledge, that no representation of guarantee is given with regard to the availability of the Platform.
4. Your use of the Platform
4.1 The Platform.
We hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Platform solely for the purposes of updating the content to create and update the mobile app for your Events, Conferences and Exhibitions, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic).
If you are allowed to download or use any Software in connection with the Platform, we hereby grant you a personal, non-transferable, non-sublicensable, revocable, non-exclusive licence to use the Software solely for your internal use in connection with the Platform, and only in accordance with this TOS and the written instructions/directions (if any) provided by us in conjunction with the Software. For purposes of this TOS, "Software" shall mean any and all software that is available on or through the Site, mobile event app or otherwise provided by us, including without limitation our mobile applications. For clarity, the Software will be deemed a part of the "Platform" hereunder.
During your use of the Site, we may issue to and request from your computer blocks of data known as "cookies" to enable more convenient browsing when you revisit the Site. A cookie is a type of data which is sent from the Site to your Internet browser software, and is stored on your computer. Storing cookies does not have any adverse effect on your computer. You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site.
6. Payment Methods
When using Payment Modes, Customers or Users shall effect the necessary monetary payment transaction through the Payment Mode service and are bound by the applicable terms of service governing the Payment Mode service. Customers or Users shall be responsible for providing refunds at your own discretion and we will not be responsible or liable for, and Customers or Users hereby agrees to indemnify us and our affiliates, for refunds, errors in issuing refunds, or lack of refunds in connection with the use of the Payment Mode.
You hereby agree, acknowledge and consent that the use of the online payment system is solely under your responsibility and risk.
You may notify us that you wish to terminate your subscription through contacting us.
You agree that all material, including without limitation, information, communications, software, images and sounds and other content (collectively, "Content") contained in order delivered via the Platform or otherwise made available by Actigage in connection with the Platform (collectively "Platform Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Actigage may own the Platform Content or portions of the Platform Content may be made available via Actigage, through arrangements with third parties. Except as expressly authorized by Actigage in writing or in connection with your use of of the intended functionality of the Platform, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt or edit or create derivative works of any Platform Content, or post any Platform Content on any other web site or in a networked computer. You may not use any robot, spider, or other automatic or manual device or process to monitor or copy our web pages or any portion of the content contained herein without our express written permission. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or to impose an unreasonable or disproportionately large load on the servers serving the Site.
9.2 User Generated Content
The Platform allows you to upload, post, publish and make available through it, your own copyrightable materials such as literary and/or artistic works and other proprietary materials (the "User Generated Content"). As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material in any way. You represent and warrant that you have (and will continue to have) all necessary licenses, rights, consents, and permissions which are required to use and to enable the Platform to use your User Generated Content. You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the Site, mobile event app and/or the Platform. We explicitly reserves the right to remove the User Generated Content without a prior notice, at its sole discretion.
When you upload, post, publish or make available User Generated Content on the Site, mobile event app or use such User Generated Content via the Platform, you grant to us an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, prepare derivative works of, display, make available to the public by use of databases, such as User Suggestions Databases, and perform that User Generated Content in connection with the Site, mobile event app and/or Platform, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future. In addition, you agree that Actigage may use your name and logo (whether or not you have made it available through the Site/mobile event app) for the purpose of identifying you as an existing or past customer of Actigage both on the Site/mobile event app and in marketing and promotional materials.
10. Intellectual Property Rights
Content (including, but not limited to, information, communications, software, images and sounds contained on or available through the Site or the mobile event app) is provided by us, its content providers and third parties licensors. The intellectual property rights to or over the contents contained in each Site belong to us, its content providers and/or third parties licensors. All rights are reserved. The contents of the Site or the mobile event app cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without our prior written permission. You agree that the material and content contained within or provided by the Site/mobile event app is for your own personal use only and may not be used for commercial purposes or distributed commercially.
Your access to or use of the Site/mobile event app should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the Site/mobile event app without our prior written consent. You may not, without our prior written consent, use any of such trademarks, tradenames, logos or service marks as a hyperlink to the Site/mobile event app or any other website.
You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Site, mobile event app or create derivative works based on the Site or mobile event app. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Site/mobile event app to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Site/mobile event app's underlying technology.
11. User representations and undertaking
As a condition for your use of the Platform, you hereby represent and warrant that (i) you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site/mobile event app and/or the Platform in accordance with these Terms, and to fully perform your obligations hereunder;
(ii) the execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; (iii) you will not infringe or violate any of the Terms; and (iv) you will safeguard your Account information and will supervise and be completely responsible for any use of your Account.
You acknowledge and agree that: (a) We may remove any User Generated Content and/or discontinue your use of the Platform in its sole discretion with or without any reason; (b) We may integrate commercials and advertisements, whether within or beside the Site/mobile event app and/or the Platform. All the information contained in such commercials and advertisements belongs solely to the advertisers and we makes no warranties or representations as to such advertisements, whether or not we have control over such advertisements. We, advertisers, publishers and/or other third-parties may be entitled to certain shares of the earnings for such commercials and advertisements. You agree, acknowledge and consent that you have no rights to receive any compensation whatsoever with respect to any revenue share or other monetary amounts pertaining to commercials and advertisements on the Platform.
12. Trademarks and Trade Names
"Actigage", Actigage's logo and all other proprietary identifiers used by Actigage Pte Ltd in connection with the Site, mobile event app and Service ("Company Trademarks") are all trademarks and/or trade names of Globalsign.in Pte Ltd, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site, mobile event app belong to their respective owners ("Third Party Marks"). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks.
We may provide you with the right to use a sub-domain within the Site. All such sub-domains are the sole property of ours. In the event we provide you with a sub-domain, your right to use such sub-domain may be terminated by us at any time (with or without notice) for any reason or no reason provided.
14. Postings by Third Parties and Hyperlinks to Third Party Websites
The mobile event app or the Site contains hyperlinks to other websites which are neither maintained nor controlled by us, or may contain content posted on or via the Site/mobile event app by third parties. Therefore, we shall not be responsible for any errors or omissions in any content in the Site/mobile event app, or the content, products or services of any hyperlinked website or any hyperlink contained in a hyperlinked web site, nor for the privacy and security practices employed by these other website, and shall not be liable for any loss or damage of any kind incurred as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via the Site, or arising from access to those websites. Use of the Site/mobile event app and any hyperlinks and access to such hyperlinked websites are entirely at your own risk.
You acknowledge that we have no control over and excludes all liability for any material on the Internet which can be accessed by using the Site/mobile event app. Neither can we be deemed to have endorsed the content.
15. Hyperlinks from Third Party Websites
You agree that caching, hyperlinking to, and framing of the Site or any of the contents are strictly prohibited.
We reserve all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
16. Disclaimer and Warranties
You expressly understand and agree that:
- You assume total responsibility and risk for your use of the Site, the mobile event app and the Internet. We do not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, the mobile event app, any merchandise, information or service provided through the Site, mobile event app or on the Internet generally, and we shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. The Site, the event mobile app, and any software made available on the Site are provided on an "as is, as available" basis.
- We make no warranty that (i) the Site, the event mobile app will meet your requirements or will always be accessible, (ii) the Site will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code, (iii) the results that may be obtained from the use of the Site, the mobile event app will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site/mobile event app will meet your expectations, and (v) any errors in the Site will be corrected.
- Any content downloaded, uploaded or otherwise obtained through the use of the Site/mobile event app is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site/mobile event app or on the Internet generally.
17. Limitation of Liability
We do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the Site, the mobile event app or other contents accessible from the Site or mobile event app. In no event shall we be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the Site, the mobile event app and/or the Platform, delays, inaccuracies or errors in the information or in the transmission of the Site/mobile event app and/or the Platform, or any information or transactions provided on or over the Site/mobile event app and/or the Platform or downloaded or hyperlinked from the Site and/or the Platform, or performance of the contents on this Site/event mobile app and/or the Platform, even if we have been advised of the possibility of such damages. Except where liability is mandatory, in which event liability for damages shall be limited to Fifty US Dollars ($50).
If you are dissatisfied with any portion of the Site/mobile event app and/or the Platform, or with any of the Terms, your sole and exclusive remedy is to discontinue using the Site/mobile event app and/or the Platform. We further disclaims all warranties with regard to the user of any third-party of any of the information, whether personal or other, you have made publicly available on or through the Platform.
You agree to indemnify, defend and hold harmless us, our directors, officers, employees, suppliers, affiliates, licensors, agents, and any third party content providers, from and against any losses, damages, claims, costs, expenses, demands, and actions, due to or arising out of your use of the Site/mobile event app, your access or connection to the Site or mobile event app, your violation of these Terms, or your violation of any rights of another. These obligations will survive any termination of your relationship with us or your use of the Site/mobile event app. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Your access to or use of the Site/mobile event app, as well as these Terms shall be governed by, and construed in accordance with Singapore laws and you agree to submit to the exclusive jurisdiction of the Singapore courts.
Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Terms are for the benefit of us and our directors, officers, employees, suppliers, licensors, affiliates, agents, and any third party content providers to the Site/mobile event app. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.