LICENSE TO USE THE SITE
York Hotel 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 (other than Submissions), Site Code and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to York Hotel and are owned by York Hotel and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted in writing by York Hotel, 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 York Hotel 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.
From time to time, and at its sole discretion, York Hotel may make available to users certain software that may be accessible or downloaded from this Site. In the event that you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by York Hotel or a York Hotel-approved third party software provider ("Third Party Provider"). York Hotel does not transfer title to the Software to you. You own the medium on which the Software is recorded, but York Hotel and/or the Third Party Provider retain full and complete title to their respective Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Furthermore, your use of any Software of a Third Party Provider shall be subject to the terms and conditions set forth by such Third Party Provider and any applicable license agreement for its Software.
YORK HOTEL SERVICES AND RULES FOR USE
REGISTRATION AND ACCEPTANCE OF TERMS
In consideration for your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services (your "Registration Information") in order to create your User Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at York Hotel's sole discretion, have their User Accounts suspended or terminated, and may be permanently banned from using any current or future Services. As part of your User Account, you will be responsible for creating, and maintaining the confidentiality of, your user name and password. We ask that you select a user name other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your User Account information, as sharing your password with others may lead to unauthorized access to your User Account and the information therein. You agree that you will (i) immediately notify York Hotel of any unauthorized use of your User Account, and (ii) ensure that you properly exit all Services at the completion of your use session. York Hotel shall have no liability for any loss or damage arising from your use of a User Account, the Site or any Service, or your failure to comply with these requirements. Please note that York Hotel may share your Registration Information or other User Account information when York Hotel is requested to do so by law, legal process or court order.
GUIDELINES FOR USE OF THE SERVICES
You are entirely responsible and liable for all activities conducted by you, and/or any other user of your User Account and of the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material ("Posted Content") to any portion of the Services. Listed below are some, though not all, violations that may result in York Hotel terminating or suspending your User Account and/or access to York Hotel Services. You agree not to do any of the following actions while using any York Hotel Service:
- Harass, threaten, embarrass or cause distress or discomfort upon another Service participant, user, or other individual or entity;
- Transmit, in connection with any Service, any Posted Content that is or may be disruptive, unlawful, harmful, threatening, abusive, a depiction of violent or cruel acts, false, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable, including any content which York Hotel, in its sole discretion, considers and notifies to User from time to time, to be falling within any one or more of the above types of content or information;
- Cause any service to "flood" or any action of a similar disruptive effect;
- Impersonate in any Service, any person, including but not limited to, a York Hotel official or representative, or another user;
- Disrupt the normal flow of service or otherwise act in a manner that negatively affects other users;
- Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any Services;
- Invade the privacy or violate any personal or proprietary right of any person or entity; or
- Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.
You understand that any content that you upload and/or post on the Site or any Service shall constitute a Submission for all purposes of these TOS.
MONITORING OF CONTENT
York Hotel does not, as part of a regular, established practice, monitor, control, or have knowledge of the content transmitted using the Site. You agree that you are solely responsible for all content you transmit and receive using the Site.
York Hotel sites may frame, and/or contain links to or advertisements about, non-York Hotel Web sites. Other sites may also reference, advertise, or link to York Hotel sites. York Hotel does not endorse or sponsor other Web sites and is not responsible for the content of such sites. York Hotel expressly disclaims any statements or assertions made on non-York Hotel Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.
COPYRIGHT INFRINGEMENT NOTICE PROCEDURE
(a) Copyright Infringement Notification. York Hotel respects the intellectual property rights of others. Upon proper notice, York Hotel will remove or disable access to Posted Content that violates copyright laws of Singapore, suspend access to the Site (or any portion thereof) to any user who uses the Site in violation of any copyright laws of the Applicable Jurisdictions, and terminate the accounts of repeat infringers.
Under Sections 193D(1) and 252C(1) of Copyright Act (Cap. 63) of Singapore and similar or relevant provisions or provisions with similar or equivalent effect (if any) in any of the Applicable Jurisdictions ("Relevant Take Down Provisions"), York Hotel has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send York Hotel's copyright agent a notification of claimed infringement in compliance with the Relevant Take Down Provisions. For notifications under the Copyright Act of Singapore, such notification should include all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit York Hotel to locate the material on the Site; (iii) information reasonably sufficient to permit York Hotel to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) your physical or electronic signature. Please provide us with a notice that includes all of the above enumerated information ("Notice of Infringement") and email or mail it to the following York Hotel copyright agent:
21 Mount Elizabeth
Phone. +65 6737 0511
Fax. +65 6732 1217
By submitting a Notice of Infringement, you acknowledge and agree that York Hotel may forward your Notice of Infringement and any related communications to any users who posted the material identified in such notice. Please do not send notices or inquiries unrelated to alleged copyright infringement to York Hotel's designated agent. (b) Counter Notification. Under Relevant Take Down Provisions, if you believe that your content has been wrongfully removed from the Site, you may send York Hotel a counter notification. Pursuant to Relevant Take Down Provisions, you may be held liable for damages if you make material misrepresentations in a counter notification. Your counter notification must be issued in accordance with the Relevant Take Down Provisions. Counter notifications under the Copyright Act of Singapore, to be effective, must be in writing, sent to York Hotel's designated agent (as identified above), and include substantially the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on the Site; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the courts of Singapore and agree to accept service of process from the person who submitted the original Notice of Infringement that resulted in your Posted Content being removed (or an agent of such person) in the event he or she elects to file suit. By submitting a counter notification, you acknowledge and agree that York Hotel may forward your counter notification and any related communications to the person who submitted the original Notice of Infringement that resulted in the removal of or disabling of access to of your Posted Content or to other third parties.
NO RESALE / EXPLOITATION
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.
This Site may contain contests that require you to register an York Hotel account or sign in using a third party account or send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you may enter.
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 York Hotel may, in its sole discretion and at any time, terminate your password, User Account or use of any Service, and discard and remove or disable access to any Posted Content posted or submitted by you to any Site or Service, for any reason. York Hotel 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 York Hotel may take any one or more of these actions with or without prior notice to you. Should York Hotel 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 Account, including your Registration Information and Posted Content. FURTHER, YOU AGREE THAT YORK HOTEL SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR POSTED CONTENT OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SITE (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the Site at any time. York Hotel reserves the right to investigate your use of the Site in the event York Hotel, 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, YORK HOTEL 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. YORK HOTEL 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. YORK HOTEL 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 YORK HOTEL) 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 YORK HOTEL 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 YORK HOTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. WHILE YORK HOTEL TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, YORK HOTEL 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 YORK HOTEL'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 YORK HOTEL, 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 York Hotel 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 York Hotel's liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless York Hotel, 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, your Submissions or 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. York Hotel 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 York Hotel in asserting any available defenses
York Hotel 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 York Hotel is not responsible.
GOVERNING LAW; ARBITRATION
This Site is operated by the York Hotel 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 York Hotel 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 April 2011