This BizCube® Acceptable Use Policy (the "AUP") provides important information about your User Account and its permitted usage, so you should take the time to read and understand it. You may review, save or print any part of this Agreement.
IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST DO SO AS IT IS PRESENTED TO YOU—NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY BIZCUBE SOLUTIONS PTE LTD.
As used in this Agreement:
"Account holder" means the Organization and its Authorized Officer as specified in the registration form. The Authorized Officer is ultimately responsible for all BizCube® correspondence, issues and other matters under the Account.
"User" means any person using BizCube® in the context of this Account.
"Content" means the text, software, communications, images, sounds, and all other information and materials users encounter or generate through their account or on-line through the Internet.
BizCube Solutions Pte Ltd encourages BizCube® users to participate in the on-line world to express their views and to benefit from the interactive experience. However, it is important to remember that there are rules and standards that you must abide by when you use BizCube®.
These rules and standards are described in this Agreement. As a BizCube® user, you agree to comply with this Agreement, and you acknowledge that BizCube Solutions Pte Ltd has the right to enforce this Agreement in its sole discretion. This means that if you, or anyone using your BizCube® account (including anyone using any sub-account you may establish under your main account), violate the terms of this Agreement, BizCube Solutions Pte Ltd may take any and all appropriate actions—this can range from the issuance of a warning about a violation to the termination of your access privileges for BizCube® to legal action—as BizCube Solutions Pte Ltd deems necessary or appropriate. BizCube Solutions Pte Ltd is not required to provide notice prior to terminating your BizCube® access for violating these rules and standards, but it may choose to do so.
You are solely responsible for your conduct, and the conduct of anyone using your account or any sub-accounts, while using BizCube®, including the contents of all email messages generated or forwarded, and all Content in any folders, home pages or other transmissions, information, images or other interactions generated, transmitted or maintained on or through your BizCube® account or any sub-account. BizCube Solutions Pte Ltd will not be responsible or liable in any way for any such on-line distribution or publication. BizCube Solutions Pte Ltd cannot and will not review every message or other content which may generated or posted on or through your account (although BizCube Solutions Pte Ltd reserves the right to monitor your use of BizCube®—see "Investigations", below), and BizCube Solutions Pte Ltd will not be responsible for anything in any of those messages or Content.
Your use of BizCube® should conform to the requirements of the law, respect for the rights of other users of BizCube® and third parties, and current standards for communicating on-line. By your use of BizCube®, you agree to use appropriate conduct and language when you are online—this includes (but is not limited to) following the rules of any ISP, any other on-line services, this Agreement and all applicable laws.
BizCube Solutions Pte Ltd reserves the right to terminate your access to BizCube® at any time, with cause or without cause, in the event of any breach of this Agreement by you (or anyone using your account or any sub-account), your infringement of BizCube Solutions Pte Ltd's or BizCube®'s or others' intellectual property, or any other circumstances which, in BizCube Solutions Pte Ltd's sole discretion, merit termination. Any such termination may, if BizCube Solutions Pte Ltd elects (and subject to applicable law), be without any refund to you of any prepaid fees or amounts.
Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.
Illegal, tortious and prohibited conduct
BizCube® may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing Content that could subject BizCube Solutions Pte Ltd to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
If BizCube Solutions Pte Ltd elects to terminate your right to use BizCube® as a result of any illegal or prohibited conduct, BizCube Solutions Pte Ltd may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.
Examples of prohibited conduct are:
BizCube Solutions Pte Ltd reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. In addition, BizCube Solutions Pte Ltd reserves the right to comply with any civil court orders and/or subpoenas. If BizCube Solutions Pte Ltd decides to investigate or resolve possible misuse involving you or anything you do on BizCube®, BizCube Solutions Pte Ltd is entitled, except to the extent prohibited by applicable law, to disclose any information about you in BizCube Solutions Pte Ltd's possession in connection with your use of BizCube® and anything you do with BizCube® to law enforcement or other government officials, as BizCube Solutions Pte Ltd in its sole discretion believes to be necessary or appropriate.
By your acceptance of this Agreement and your use of BizCube®, you authorize BizCube Solutions Pte Ltd to take any such actions.
Copyright and intellectual property infringement
Before you upload or download any Content while using BizCube®, make sure you have been given the legal right to do so by the owner of the content.
Making unauthorized copies of any Content can lead to the termination of your BizCube® access (without any refund of any prepaid fees or other amounts, subject to applicable law) and may even subject you to legal action. In addition, the owner of the Content may take criminal or civil action against you. If a Content owner takes legal action against BizCube Solutions Pte Ltd because of your unauthorized use of Content, you agree (to the extent permitted by applicable law) to hold harmless and indemnify BizCube Solutions Pte Ltd, its subsidiaries, affiliates, related companies, employees, officers, directors, agents and suppliers against any liability, claims, or demands, including the costs of BizCube Solutions Pte Ltd hiring attorneys to defend against the action.
By submitting or posting Content on areas of BizCube® accessible by the public, you are representing that you are the owner of such material or have authorization to distribute it. You hereby grant BizCube Solutions Pte Ltd a worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt and publish any such public area Content solely for the purpose of displaying, distributing and promoting the area on which such Content is posted. Said license will be in effect only as long as you are a BizCube® account holder (including any trial period use), and will terminate upon removal of such Content from the public area or when you are no longer a BizCube® member or user, whichever happens first.
If you believe that any Content in which you claim copyright has been infringed by anyone using BizCube®, please contact BizCube Solutions Pte Ltd, and provide the following information:
BizCube Solutions Pte Ltd 's copyright agent for notice of claims of copyright infringement on or regarding BizCube® can be reached as follows: By email: email@example.com
Violations of system and network security
Violations of system and network security are prohibited, and may result in criminal and civil liability. BizCube Solutions Pte Ltd will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:
This Agreement prohibits abuse of BizCube's e-mail, SMS and related messaging functionalities. Some specific examples of prohibited actions are as follows:
In addition to the BizCube® account limitations on bandwidth and disk utilization, certain commercial or business uses are prohibited, including the following:
BIZCUBE SOLUTIONS PTE LTD RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR ALL BizCube® FEATURES AND CONTENT, INCLUDING BUT NOT LIMITED TO A USE OF A USER'S MAIN ACCOUNT AND ANY SUB-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT.
When BizCube Solutions Pte Ltd becomes aware of possible violations, BizCube Solutions Pte Ltd may initiate an investigation, which may include gathering information from any BizCube® user or account involved, any third party and any complaining party.
During the investigation, BizCube Solutions Pte Ltd may suspend or terminate any or all of an Account License holder’s User accounts involved and/or remove the Content involved from BizCube Solutions Pte Ltd's system. If BizCube Solutions Pte Ltd believes, in its sole discretion, that a violation of this Agreement has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate Content from the BizCube® system, warnings to the BizCube® Account License holders and User(s), and the suspension or termination of the Account License or User Accounts responsible.
If, as a result of any such investigation, BizCube Solutions Pte Ltd believes that any criminal activity has occurred, BizCube Solutions Pte Ltd reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.
BY BECOMING a BizCube® USER, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST BIZCUBE SOLUTIONS PTE LTD, AND TO HOLD BIZCUBE SOLUTIONS PTE LTD HARMLESS AND INDEMNIFY BIZCUBE SOLUTIONS PTE LTD WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY BIZCUBE SOLUTIONS PTE LTD AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE BIZCUBE SOLUTIONS PTE LTD OR RECOVER ANY DAMAGES WHATSOEVER FROM BIZCUBE SOLUTIONS PTE LTD AS A RESULT OF ITS DECISION TO REMOVE MATERIAL FROM THE BizCube® SYSTEM, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR BizCube® ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF BIZCUBE SOLUTIONS PTE LTD'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
BizCube Solutions Pte Ltd provides you with a limited license to use the BizCube® software, which you agree to use in accordance with these rules. You may not sublicense, or charge others to use or access, this software. BizCube Solutions Pte Ltd will occasionally provide automatic upgrades to improve your online experience.
BizCube Solutions Pte Ltd grants to you a non-exclusive, limited license to use the BizCube® software. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of any BizCube® software or part thereof. You may not modify the software or use it in any way not expressly authorized by this agreement.
You understand that BizCube Solutions Pte Ltd's introduction of various technologies may not be consistent across all platforms and that the performance and some BizCube® features may vary depending on your computer and systems and other equipment.
Authorization to remove content
BizCube Solutions Pte Ltd reserves the right to disable your access to BizCube® and to remove all Content you may have stored on BizCube® under the following circumstances:
BizCube Solutions Pte Ltd will notify you via email to your registered email address, that your access to BizCube® will be deactivated and that any Content residing in your account at the time of deactivation will be deleted.
Disclaimer of warranties; liability limitations
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE BizCube® SERVICES ARE AT YOUR SOLE RISK. BizCube® SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
BIZCUBE SOLUTIONS PTE LTD DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH BizCube® WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. BIZCUBE SOLUTIONS PTE LTD'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY BizCube® SHALL BE CANCELLATION OF YOUR ACCOUNT.
IN NO CASE SHALL BIZCUBE SOLUTIONS PTE LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF BizCube® OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR BizCube® USE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, BIZCUBE SOLUTIONS PTE LTD'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, BIZCUBE SOLUTIONS PTE LTD DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH BizCube® AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH BizCube®. YOU HEREBY RELEASE BIZCUBE SOLUTIONS PTE LTD FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.
BizCube Solutions Pte Ltd may give notice to any BizCube® Account holder or user by sending an e-mail message to the user's mailbox or by sending a letter via postal mail to the contact address listed in the BizCube® Account License registration.
This Agreement represents your entire agreement with BizCube Solutions Pte Ltd with respect to BizCube®. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, as a BizCube® Account holder, and BizCube Solutions Pte Ltd.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Except as required by applicable non-Singapore local or national law, the laws of Singapore, govern this agreement and your use of BizCube®. Your conduct and use of BizCube® may be subject to other local, state, national and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with BizCube Solutions Pte Ltd regarding BizCube® or relating in any way to your account or your use of BizCube® resides in the courts of Singapore. You further agree and expressly consent to the exercise of personal jurisdiction in the Singapore courts in connection with any such dispute, including any claim involving BizCube Solutions Pte Ltd or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers with respect to BizCube®.