Agreement Between You and Us
Copyright and Restrictions on use of Content on the Website
All materials on the Website, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content“), including but not limited to the design, layout, structure, selection, expression and arrangement of such Content, are owned by Heavens or the relevant owners, and protected by Singapore and international intellectual property laws (including without limitation copyright and trade mark laws). You may not use any part of the Website or the Content, unless prior written consent from Heavens is obtained. No part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial purposes.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Heavens reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on other Internet sites linked to the Website.
The business names, product names, trade names, trademarks, service marks and logos (“Marks“) displayed on the Website are registered or unregistered Marks of Heavens, its related companies, its content suppliers, and/or its software suppliers. Nothing on the Website should be construed as granting any license or right to use any such Marks.
Any use of the Marks and Contents are prohibited, unless prior written consent is obtained from Heavens or the respective owners. You may not reproduce, modify, transfer, distribute, republish, download, post or transmit the Marks and/or Contents 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 Marks and Contents contained within or available through the Website shall not be used for commercial purposes or distributed commercially. Any unauthorized use of the Marks or Contents may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. All our rights are expressly reserved.
Limitation of Liability and Indemnification
Except where prohibited by law, under no circumstances will Heavens be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content.
To the maximum extent permitted by applicable law, you expressly waive all claims against Heavens, its officers, directors, agents, employees, suppliers and programmers that may arise from your use or access of the Website.
You agree to indemnify and hold harmless Heavens and its subsidiaries, affiliates, officers, directors, agents and employees from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You also agree to indemnify Heavens for any and all damage you may cause Heavens, its business, or its Website due to your interaction with the Website.
Links to Other Third-Party Content
The Website may contain links to other independent third-party websites (“Third-Party Sites“). Such Third-Party Sites are not under Heavens’ control, and Heavens is not responsible for and does not endorse or approve the content of such Third-Party Sites, including any information or materials contained on such Third-Party Sites. The Company makes no representation, warranty or guarantee as to the accuracy, completeness or reliability of any Third-Party Sites. If you use these Third-Party Sites, you do so entirely at your own risk.
The Website and Content are provided “as-is”. To the extent permitted by local law, all warranties, conditions and claims (whether express or implied) arising out of or connect with the Website are hereby excluded. Heavens does not represent or warrant that the Website or its server(s), applications or functionalities are free of viruses or contamination or other harmful components. You bear the entire risk of losses or damages that you may incur or suffer as a result of any use of or visit to the Website. Heavens does not guarantee uninterrupted, error-free or secure access to the Website, as the operation of the Website may be interfered by numerous factors outside of Heavens’ control. In no event shall Heavens’ total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Website. Under no circumstances, including but not limited to Heavens’ negligence, will Heavens, or any other party involved in creating, hosting or delivering the Website, be liable for any direct, indirect, incidental, consequential, special, punitive or other damages whatsoever arising out of: (1) your access to, or use of, the Website; (2) any Website issues including but not limited to any defect, error, fault, inaccuracy, imperfection of the Website; and (3) the unavailability of the Website or part thereof. Heavens shall not be liable in damages for any delay or default in the operation of the website where such delay or default is caused by conditions beyond its control, including but not limited to acts of god, telecommunications, strikes, acts of terrorism and/or any other conditions beyond the reasonable control of Heavens.
User Submissions and Unsolicited Ideas
We do not accept or consider unsolicited creative ideas, original artwork, suggestions or other works or materials (“Unsolicited Submissions”). Please do not submit any Unsolicited Submissions in any form to Heavens or any of its employees.
If you should still choose to send us Unsolicited Submissions, despite our above request, then the following terms shall apply to your Unsolicited Submissions:
- You agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type;
- Your Unsolicited Submissions will automatically become the property of Heavens, without any compensation to you;
- Heavens may use or redistribute the Unsolicited Submissions and their contents for any purpose and in any way;
- There is no obligation for Heavens to review your Unsolicited Submissions; and
You agree that we may, at our sole discretion, terminate or suspend your use of the Website at any time and for any or no reason, even if access and use continue to be allowed to others. Upon such suspension or termination, you must immediately discontinue your use of the Website. Accessing the Website after such termination shall constitute an act of trespass. Furthermore, you agree that Heavens shall not be liable to you or to any third party for any termination of your access to the Website.
Governing Law and Dispute Resolution
This Agreement is governed by and construed in accordance with the laws of Singapore. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Singapore in determining any dispute concerning this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.
Last update: 1 January 2023