INTRODUCTION
Applicability. These general terms and conditions of use (“General Terms“) apply to:
(a) the use of this website (“Site“), which is owned and/or operated by Wokeship;
(b) any specific goods or services offered, supplied, produced, provided and/or delivered by Wokeship (collectively, the “Services“), whether via this Site or any other sites that are owned and/or operated by the Wokeship; and
(c) any goods and/or services offered made available by applications made and/or offered by Wokeship, that you may download and install, or that may come pre-installed, on supported operating systems and/or devices (collectively, “Apps“).
In addition, the use of any Site, Service or App may be governed by additional, specific terms and conditions (“Specific Terms“) which will impose additional terms and conditions specific to the relevant Site, Services and/or Apps, and which will be deemed incorporated into these General Terms (collectively, the “Agreement“). In the event of any conflict or inconsistency between any of the provisions in these General Terms and any Specific Terms, the applicable Specific Terms shall prevail.
By accessing or using the Site, Services, and/or Apps, you agree to be bound by these General Terms and applicable Specific Terms, as well as any other policies, rules and regulations that may be imposed and/or required by Wokeship from time to time.
Amendments. These General Terms and any Specific Terms may be amended by Wokeship from time to time. Such amendments may be posted on the Site. You are responsible for being aware of such changes, and your continued use of the Site, Services and/or Apps shall be deemed and construed as your conclusive and binding acceptance of the amended terms.
GRANT
Subject to these General Terms and any Specific Terms, Wokeship grants you a non-exclusive, non-transferable, revocable right to use the Site, Services and Apps for your personal and non-commercial use only.
CONTENT AND INTELLECTUAL PROPERTY
Wokeship Content. All of the:
(a) content (including without limitation all text, photographs, graphics, video and audio content) located on the Site, Services, and/or Apps);
(b) compilation(s) (meaning the collection, arrangement and assembly) of all content on the Site, Services and/or Apps; and
(c) software used on the Site, Services and/or Apps;
is the property of Wokeship, its related companies, its content suppliers and/or its software suppliers, and protected by international intellectual property laws (including without limitation copyright and trademark laws).
All rights in and to the foregoing are reserved by Wokeship, its related companies, its content suppliers and/or its software suppliers, and save as expressly permitted herein, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, repost or in any way exploit any part of this Site, Services and/or Apps for any purpose.
Without limiting the foregoing provisions, you shall not make use of the content of the Site, Services and/or Apps in any manner that constitutes an infringement of Wokeship’s, its related companies’, its content suppliers’, and/or its software suppliers’, rights (including copyright).
User Submitted Content. Wokeship may provide facilities on the Site, Services and/or Apps to permit you to submit materials, information, articles, photographs, text, graphics, video and/or audio content (“Your Information”) to Wokeship or to the Site and/or Services directly. You are solely responsible for Your Information, and Wokeship acts as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
(a) Your Information (or any materials contained therein) shall not:
i. be false, fraudulent, inaccurate or misleading;
ii. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
iii. violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
iv. be defamatory, libellous, offensive, unlawfully threatening or unlawfully harassing;
v. be obscene or contain child pornography or anything adult in nature or harmful to minors;
vi. contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
vii. create liability for Wokeship
(c) You hereby grant Wokeship a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to use and to exercise the copyright and publicity rights you have in Your Information, in any media now known or not currently known, with respect to Your Information.
(d) You shall not assume a false identity or the identity of some other member when using the Site or transmit libellous, harassing, vulgar or otherwise objectionable messages through the Site; or post materials subject to copyright or other intellectual property rights claimed by any third party; or use the Site for any unlawful or illegal activities (including spamming the other users by sending unsolicited e-mails).
Removal of Your Information. Wokeship shall have the right, but not the obligation, to monitor the content on the Site and/or Services, and shall have the right to remove or delete any material (including Your Information) that it, in its sole discretion, finds to be in violation of any applicable laws, codes, rules or regulations. Wokeship shall have the right to remove any material (including Your information) submitted to or posted on the Site and/or Services. Without limitation to the foregoing, Wokeship shall have the right to remove any material (including Your Information) that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable or inappropriate without having to assign any reason therefor.
Participation. You agree and acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities, including but not limited to third party sites, applications and/or facilities which may be linked to the Site, Services and/or Apps (collectively “Communities”) are public and not private communications, and that, therefore, others may read your communications without your knowledge. Wokeship does not control or endorse the content, messages or information found in any Community, and, therefore, it specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable content. Generally, any communication which you or any other person posts to the Site, Services or Apps (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Wokeship as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, Services and/or Apps, you grant the Wokeship the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
Linked Content. The Site and/or Services may provide you with opportunities to link to, or otherwise use, sites and services offered through or by third-parties. Your use of these third-party services is subject to terms posted by the aforementioned third-parties. Wokeship has no control over any third-party site or service and it is not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to you. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement of such third party site or service.
USAGE RESTRICTIONS
7.1 Without prejudice to any restrictions set out elsewhere in the General Terms or any Specific Terms, the following restrictions shall apply to your use of the Site, Services, or Apps. You MUST NOT, and you must not ATTEMPT to:
(a) display, print, save, cache, copy, reproduce, change, alter, modify, or create any derivative work of, any or any part of the Site, Services, or Apps;
(b) communicate, distribute or make available for download in any way (including, without limitation, from or through any computer or server or network) any or any part of the Site, Services, or Apps;
(c) offer, sub-sell, lend, rent, lease, sub-license, or otherwise grant to any third party any right in respect of, or exploit in any way for personal or other gain, any or any part of the Site, Services, or Apps;
(d) hack, bypass or gain unauthorised access into any part of the Site, Services, or Apps;
(e) deeplink from any other website to, or frame on any other website, any or any part of the Site, Services, or Apps;
(f) use any device, software or routine to interfere or attempt to interfere with the proper working of; or interfere with any other user’s access or use of any part of; the Site, Services, or Apps; or impose any unreasonable or disproportionately large load on Wokeship, and/or its service provider’s infrastructure;
(g) use any robot, spider, other automatic device, or manual process to monitor or copy any or any part of the Site, Services, or Apps;
(h) use any or any part of the Site, Services, or Apps for sending out unsolicited e-mails;
(i) assume a false identity or the identity of some other registered user to access or use any or any part of the Site, Services, or Apps; or
(j) use any or any part of the Site, Services, or Apps in any way that
i. will or could violate, or that will or could result in Wokeship violating, any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising), or code of practice, direction, order, or guideline issued by any regulatory authority;
ii. cause any form of loss or damage to Wokeship or any third party (including, without limitation, loss of reputation and goodwill);
iii. create any liability for any company in Wokeship; or
iv. cause Wokeship to lose (in whole or in part) the services of any Internet or telecommunication service provider or any other supplier of products and/or services.
DISCLAIMERS
No warranty. The Site, Services and/or App are provided on an “AS IS WHERE IS” basis. Wokeship makes no representation or warranty, express or implied (to the extent permitted by law):
(a) as to the use, security, accuracy, reliability, non-infringement, satisfactory quality or fitness for any particular purpose of the Site, Services and/or App; and
(b) that the use of the Site, Services and/or App will be uninterrupted and free of any viruses or bugs.
Advertising and related services. Where you subscribe for any services on the Site, Services and/or App, that relates to any advertisement or other similar services, whether as a potential seller or a potential buyer, you hereby expressly acknowledge and agree that the Site, Services and/or App acts as a venue only, and Wokeship is not involved or responsible for the correctness, accurateness or truthfulness of any information that is posted by other users of the Site, Services and/or App; or the posting, provision, delivery of such information to you.
Access. Wokeship shall not responsible for any connection or access to the Site, Services, and/or Apps by you. You are responsible for providing your own communications equipment and subscribing to a communications service provider to access the Site, Services and/or Apps, as well as any charges (such as Internet access charges) thereon.
Security. Certain data transmissions between your computer and the Site, Services and/or App, are conducted through secure servers and protected by Secure Socket Layer (SSL) technology. Certain services further require you to register, use passwords and/or digital signatures. While Wokeship will use reasonable endeavours to provide reasonable precautions to protect any information or material that is confidential in nature, it does not guarantee that information transmitted through the internet is secure or that such transmissions will be free from delay, interruption, interception or error. Furthermore, although Wokeship intends to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to the Site, Services and/or App, Wokeship does not guarantee or warrant that any Site, Services, App, or materials that may be downloaded from the Site, Services and/or App do not contain such destructive features. Wokeship shall not be liable for any damages or harm attributable to such features.
Third party conduct. You specifically acknowledge that Wokeship is not liable for the defamatory, offensive, or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WOKESHIP, ITS SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED COMPANIES, INCLUDING THE EMPLOYEES OF ALL OF THE FOREGOING, BE LIABLE TO YOU AND/OR TO ANY PARTY FOR ANY DAMAGES, EXPENSES, CLAIMS, COSTS OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, (OTHER THAN FOR DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM YOUR USE OF THE SITE, SERVICES AND/OR APP, CAUSED IN WHOLE BY WOKESHIP’S NEGLIGENCE) ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE), YOUR USE OF OR INABILITY TO ACCESS OR USE THE SITE, SERVICES, APPS, USER ACCOUNT(S), PAID CONTENT, AND/OR THE CONTENT OF THE HYPERLINKS, INCLUDING BUT WITHOUT LIMITATIONS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. ANY CLAIM AGAINST WOKESHIP, ITS SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED COMPANIES, INCLUDING THE EMPLOYEES FO ALL OF THE FOREGOING, SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITE, SERVICES, AND/OR APP.
By using the Site and/or the Services and/or agreeing to these General Terms of Service, you:
(a) consent to Wokeship collecting, using, disclosing and/or processing your personal data as described in Wokeship’s Privacy Policy;
(b) consent to the Wokeship transferring your personal data out of Singapore to any of Wokeship’s third party service providers or agents for the purposes as described above.
If you have any questions relating to Wokeship’s collection, use and disclosure of your personal data, you may contact us at [email protected]
SUSPENSION AND TERMINATION
Wokeship may suspend and/or terminate your use of and/or access to all or part of any Site, Services, Apps, Paid Content with or without notice to you, if in its sole discretion it determines that:
(a) you have breached the terms of these General Terms or any Specific Terms, or violated or acted inconsistently with the letter or spirit of these General Terms or any Specific Terms;
(b) you have violated the rights of or any third party;
(c) it reasonably suspects that you are using and/or allowing the Site, Services, Apps to be used for illegal, improper and/or fraudulent purposes. In such event, Wokeship reserves the right to take punitive action against you to the same effect.
(d) you become or threaten to become a bankrupt under the laws of any jurisdiction applicable to you;
(e) you pass away; or
(f) for any other reason whatsoever.
Wokeship may modify or discontinue the Site, Services, or Apps, with or without notice to you, and it will not be liable to you or any third party as a result of such modification or discontinuation.
INDEMNITIES
You agree to defend and hold Wokeship from and against all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis, arising out of your use of the Site and/or Services or any breach of this Agreement. In addition, Wokeship may use whatever information that is available about you to stop any such breach or any unlawful or inappropriate use of the Site and/or Services, including informing any third party Wokeship deems appropriate of such breach or use and/or disclosing your personal information to such third party.
GENERAL
Severability. If any of these terms is held to be invalid or unenforceable, such term shall be struck out and the remaining terms shall be enforced. Any failure to act by Wokeship with respect to any breach by you or others of any of the provisions of these General Terms of Service or any Specific Terms of Service does not waive its right to act with respect to subsequent or similar breaches.
Electronic transactions. You hereby acknowledge and agree:
(a) that all electronic communications made pursuant to the use of this Site, or any Service and/or App, shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document;
(b) not to contest the legally binding nature, validity or enforceability of any transaction on the Site, or any Service and/or App on the ground that it was entered into electronically;
(c) to expressly waive any and all rights it may have to assert any such claims and shall comply with all relevant laws concerning electronic communications; and
(d) any and all transactions, including but not limited to the passing of risk and/or title to any and all products and/or goods purchased and/or transacted on the Site and/or any Service and/or App, shall be deemed and construed to be transacted, transferred and/or passed to you in the Republic of Singapore.
Governing laws and dispute resolution. These General Terms and Conditions and any Special Terms and Conditions shall be governed by international laws or any laws of any jurisdiction that Wokeship may so choose.