# Publisher Terms of Service
Date last revised: August 01, 2024
1. **Acceptance of Publisher Terms**
This Publisher Terms of Service (“**Publisher Terms**”) is the binding agreement between you and C98 Asia Pacific Pte. Ltd. (“**Company**”, "**we"**, "**our**", and "**us**") for the distribution of your content through our website at (the “**Site**”) or other form of mobile applications (the “**Publishing Service**”).
These Publisher Terms and any other policies published on the Site from time to time shall be read together and supplemental to our [Terms of Services](https://docs.amberblocks.com/terms-of-service) (collectively, the "**Terms**"). By using the Publishing Service, or by clicking your consent (e.g. “**Continue**”, “**Sign-in**”, “**Sign-up**”), you accept and agree to be bound by these Terms. In the event of any conflict between this Publisher Terms and any other Terms you have agreed to with us, this Publisher Terms shall prevail with respect to its subject matter.
2. **Publishing Service**
The Publishing Service allows you (“**Publisher**”) to post, link, store, share and otherwise make available without limitation, information, data, text, artworks, photographs, videos, audio clips, music, written posts, articles, comments, reviews, logos, trademarks, software, scripts, graphics, designs, user interfaces, visual interfaces and interactive features generated, provided, or otherwise made accessible on the Site (“**Content**”) by register for a sub-Site generated on our Site (“**Channel**”). To register for a Channel, you must create an account (“**Account**”) following the instruction and our acceptance criteria as specified in these Terms or in the Site from time to time. In these Terms, we refer to people that subscribe to your Channel as Subscribers.
You are entirely responsible for maintaining the confidentiality of the information you hold for your Account, including your password, and for any and all activity that occurs under your Account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your Account or password, or any other breach of security. You may be held liable for losses incurred by the Company or any other user of or visitor to the Publishing Service due to someone else using your username, password or Account as a result of your failing to keep your Account information secure and confidential.
You may not use anyone else’s Channel name, username, password or account at any time without the express permission and consent of the holder of that username, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
To be eligible to register as a Publisher, you represent that:
(a) You are at least 18 years old and over the minimum age required by the laws of your country of residence to access and use the Publishing Service;
(b) You can form a binding contract with the Company, or, if you are over 18 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms;
(c) You are not barred from using the Publishing Service under all applicable laws;
(d) You have not been permanently suspended or removed from the Publishing Service.
If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind that entity to these Terms.
We have the right to disable your Account, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or any applicable subscription agreement (if any).
3. **Your use of the Publishing Service**
You are required to adhere to following rules when posting Content on your Channel:
**(a) Not infringe:** Your Content should not violate someone else’s (including Company’s) rights. You are not allowed to copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit any content not owned by you unless you have prior consent from the owner of that content.
You acknowledge that terms in the Section “Things you cannot do" specified in the [Terms of Service](https://docs.amberblocks.com/terms-of-service) are incorporated into these Publisher Terms by reference and you agree that you will not use the Publishing Service, the Content or your Channel to conduct the activities as set forth in the mentioned Section.
**(b) Limited license to us:** By posting, uploading or otherwise submitting Content on your Channel, you grant us the right and license to use, translate, modify, reproduce, publicly perform, publicly display, reproduce, and distribute such Content on and through the Publishing Service. You retain any and all of your rights to any Content you submit, post, upload or display on or through your Channel and you are responsible for such Content, including its legality, reliability, and appropriateness.
**(c) Operating the Site:** You hereby grant the Company a license to translate, modify, reproduce, and otherwise act with respect to your Content for the purposes of operating and marketing the Site. You understand and agree that we may need to make changes to your Content to conform and adapt those Content to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so.
**(d) Public Posts:** If you share Content with other users on the Site, you hereby grant each user a non-exclusive license to access your Content, and to use and exercise all rights in it, as permitted by the functionality of the Site.
**(e) Your Intellectual Property and Term of License**
i. You retain all intellectual property rights to your Content created with or submitted to the Publishing Service through your Channel in accordance with the applicable laws.
ii. Your Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or the Company or a third party (in each case under any applicable law).
iii. You must not post any Content on your Channel that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
iv. Although we have no obligation to screen, edit, or monitor your Content, we may, in our sole discretion, edit or remove any Content at any time for any reason, including for violating these Publisher Terms, violating any other of our policies, or if you otherwise create or are likely to create liability for us.
v. Notwithstanding our rights under these Publisher Terms in relation to the Content, we do not undertake to monitor the publication of such Content on your Channel. When your Content is created with or published on your Channel, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained on your Channel, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Publishing Service and any other product now existing or later developed by the Company (and its successors’ and affiliates’) including without limitation for promoting and redistributing part or all of the Publishing Service and the Content (and derivative works thereof) in any media formats and through any media channels.
We reserve the right to remove any of your Content from the Site at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
4. **Subscription and Payment for Subscription**
You may post on the Channel your Content for free, or for a subscription fee, to be determined at your discretion. You may set and change the subscription fee for your Content at your discretion through your Account. If you choose to charge a subscription fee for your Content, you agree to the following:
**(a) No Circumvention:** You agree to process payments from our users only in the manner determined by us. This includes using the third-party payment processing platform (“**Payment Processor**”) we choose, and following any other rules we specify. You may not circumvent your payment obligations to us by soliciting payment from a user outside of the Publishing Service or by using any alternative method to collect subscription payments. You agree to notify us immediately if you receive any such offer or solicitation to circumvent your payment obligations by contacting us via email .
**(b) Taxes:** You agree that you shall bear and be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) related to the subscription fee on your Channel.
**(c) Revenue Share:** You agree that we may apply a subscription fee, to be paid as a percentage of the total subscription fee charged by you to other users (“**Revenue Share**”). The remaining amount, after any fees deducted by the Payment Processor, will be retained by you. The specific Revenue Share percentage is set during the registration of your Account and may be adjusted according to the platform's decisions and policies, as updated from time to time and featured on the Site.
**(d) Revenue Share Payment:** You agree that the Payment Processor will pay the Revenue Share owed to us and deduct any applicable fees on a rolling basis as you process subscription payments from Subscribers. You agree to these payments and further agree that all Revenue Share payments are non-refundable.
**(e) Information Upon Request:** You will provide us with all requested data or information about you and your Content. This includes all payment and tax identification information, and you will ensure this information is accurate and up-to-date.
We are always improving our Publishing Service. This means we may add or remove features, products, or functionalities; we will try to notify you beforehand, but that won’t always be possible. We reserve the right to modify, suspend, or discontinue the Publishing Service (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Publishing Service will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Publishing Service or any part thereof.
5. **Your relationship with Subscribers**
You agree to the following rules around your relationships with Subscribers of your Channel:
**(a) Sole Responsibility:** You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content you distribute through your Channel and for the consequences of your actions by doing so. This means that you acknowledge and agree that you are solely responsible for ensuring distribution of your Content, our actions under this Agreement are solely to assist you in facilitating distribution.
**(b) Stopping Posting or Deleting Content:** You may delete one or more of your Content from the Channel at your discretion. However, please note that if you delete or stop posting Content before the end of a paid subscription term of a Subscriber, any and all obligations – including any refund obligations for the remaining portion of the subscription term – are solely your responsibility. We are under no obligation to issue any refunds to you or your Subscriber and we are entitled to keep any and all portions of any Revenue Share you have paid us.
**(c) Disputes:** If there is a dispute between you and a Subscriber about payments or any other issue, you agree we are under no obligation to become involved and that we will not be held liable for any such dispute. We are not liable for your relationship with users, and we won’t provide you with any legal advice regarding such matters.
**(d) Reporting a Subscriber:** You can flag that a Subscriber that is violating our Terms by sending an email to . After you provide us with written notice of this violation, we will determine whether this Subscriber’s access to some or all of your Content should be suspended or terminated. We will also decide at our sole discretion whether such Subscriber’s access to the rest of the Site will be suspended or terminated.
**(e) Support:** You shall provide to us a current email address to which we may direct inquiries from the Subscribers and other Site’s users regarding your Channel.
6. **Third-party content, advertisement and promotion**
The Publishing Service may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“**Third-Party Content**”). Third-Party Content is not under our control, and we are not responsible for any Third-Party Content. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Publishing Service may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Publishing Service, including your Content.
If you choose to use the Publishing Service to conduct a promotion, including a contest (“**Promotion**”), you are solely responsible for conducting the Promotion in compliance with all applicable laws and regulations, including creating official rules, offer terms, eligibility requirements, and compliance with applicable laws, rules, and regulations which govern the Promotion (such as licenses, registrations and regulatory approval). For the avoidance of doubt, sweepstakes or any form of gambling promotion is banned on our Site and Publishing Service. Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with the Company, and the rules for your Promotion must require each entrant or participant to release us from any liability related to the Promotion. You acknowledge and agree that we will not assist you in any way with your Promotion, and you agree to conduct your Promotion at your own risk.
7. **Violations of these Terms**
We may terminate your Account or terminate, suspend, or restrict your access to or use of the Publishing Service, access to your Account at any time, for any reason. Reasons that may lead to us terminating or restricting access to your Account or the Publishing Service include your breach of any of these Publisher Terms or our Terms, your offensive or unacceptable behavior, objectionable material, or any other actions in violation of guidelines we specify. We will notify you as soon as reasonably practicable if your access to the Publishing Service is suspended or substantially limited due to technical problems with the platform.
(a) In case of termination, you agree that this means that your Channel (or any Content therein) may be removed from the Site at any time at our discretion. You also agree that we retain the right to immediately halt the distribution of your Content at our discretion.
(b) You agree that the Company may, at its sole discretion and without prior notice, deactivate your Account, terminate your access to the Publishing Service, and/or block your future access to the Publishing Service if it determines that you have violated these Publisher Terms, other agreements, or guidelines associated with your use of the Publishing Service. This includes, but is not limited to, offensive conduct, unacceptable behavior, objectionable material, or any other actions in violation of the specified guidelines. You also agree that any violation by you of these Publisher Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.
(c) You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Publishing Service, for cause, which includes but is not limited to (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Publishing Service or any service offered on or through the Publishing Service, or (4) unexpected technical issues or problems.
(d) If the Company does take any legal action against you as a result of your violation of these Publisher Terms, the Company will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company. You agree that the Company will not be liable to you or to any third party for termination of your access to the Publishing Service as a result of any violation of these Publisher Terms.
8. **Indemnity**
You agree to indemnify and hold the Company and each of its officers, directors, employees, agents, representatives, partners, suppliers, and licensors (the “**Indemnified Parties**”) harmless from and against all actions, claims, or demands, and all losses, damages, liabilities, fees, fines, penalties, costs, and expenses (including without limitation attorneys’ fees and legal costs) arising from or relating to your breach or violation of these Terms. You acknowledge and agree that the Company may, at any time, assume the exclusive defense and control over any claim for which you owe indemnity to the Company hereunder, and you agree to fully cooperate with the Company, at Company’s reasonable request, in connection with Company’s defense and investigation of any such claim. You agree that you will not settle or compromise any claim for which indemnity is owed hereunder without Company’s prior written consent, which the Company may refuse, withhold, condition, or delay, no matter the reason, in its sole and absolute discretion.
9. **Disclaimers**
(a) THE COMPANY DOES NOT PROMISE THAT THE PUBLISHING SERVICE OR ANY MATERIALS, WILL BE ACCURATE, RELIABLE OR CORRECT; THAT THE FEATURES ON THE PUBLISHING SERVICE ARE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PUBLISHING SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE PUBLISHING SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE PUBLISHING SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PUBLISHING SERVICE AND/OR ANY MATERIALS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PUBLISHING SERVICE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE PUBLISHING SERVICE OR ANY MATERIALS IS TO STOP USING THE PUBLISHING SERVICE OR ANY SUCH MATERIALS.
(b) THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PUBLISHING SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
(c) THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
(d) THE COMPANY RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THE PUBLISHING SERVICE, OR ANY PORTION OF THE PUBLISHING SERVICE, FOR ANY REASON; (2) TO MODIFY OR CHANGE THE PUBLISHING SERVICES, OR ANY PORTION OF THE PUBLISHING SERVICE, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) TO INTERRUPT THE OPERATION OF THE PUBLISHING SERVICE, OR ANY PORTION OF THE PUBLISHING SERVICE, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.
10. **Limitation of liability**
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AFFILIATES OR ITS LICENSORS WILL NOT BE LIABLE TO YOU FOR:
(a) ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR SIMILAR LOSS, IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THE PUBLISHING SERVICE OR THE MATERIALS, INCLUDING WITHOUT LIMITATION THE USE OR PERFORMANCE OF ANY PRODUCTS, DOCUMENTS, SERVICES, OR INFORMATION MADE AVAILABLE ON THE PUBLISHING SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY UNDER WHICH SUCH DAMAGES ARE SOUGHT (WHETHER IN AN ACTION FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE (INCLUDING STRICT LIABILITY), OR OTHER ACTION IN TORT).
(b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY CONTENT IN OR ON THE PUBLISHING SERVICE, THE MATERIALS, ANY CHANGES MADE BY THE COMPANY THERETO, OR ANY PERMANENT OR TEMPORARY CESSATION BY THE COMPANY IN THE PROVISION THEREOF. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY INVESTMENT OR FINANCIAL-RELATED DECISIONS YOU MAKE AS A RESULT OF ANY INFORMATION IN THE PUBLISHING SERVICE OR MATERIALS. FURTHERMORE, UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PUBLISHING SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
(c) NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR DAMAGES EXCEED THE AMOUNTS YOU HAVE PAID OR ONE HUNDRED U.S. DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE.
(d) THE FOREGOING LIMITATIONS ON COMPANY’S LIABILITY WILL APPLY WHETHER OR NOT THE COMPANY KNEW OF, WAS ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE PUBLISHING SERVICE OR THE MATERIALS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE.
11. **Privacy Policy**
Please refer to our [Privacy Policy](https://docs.amberblocks.com/privacy-policy) for information about how we collect, use, and disclose information from you via provision of the Publishing Service. By submitting personal data through the Publishing Service, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.
12. **Dispute Resolution**
(a) We want to address your concerns without needing a formal legal case. Before filing a claim against the Company, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email . The notice must (1) include your name, residence address, email address, and telephone number; (2) describe the nature and basis of the claim; and (3) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.
(b) Except for claims disputes in which you or the Company seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and the Company waive your rights to a jury trial and to have any other dispute arising out of or related to these Publisher Terms, including claims related to privacy and data security, (collectively, “**Disputes**”) resolved in court. All Disputes shall be submitted to the Singapore International Arbitration Centre (“**SIAC**”) to be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings shall be conducted virtually. You and the Company agree that Disputes will be held in accordance with the SIAC Arbitration Rules and Procedures (“**SIAC Rules**”). The most recent version of the SIAC Rules is incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the SIAC Rules or waive your opportunity to read the SIAC Rules and waive any claim that the SIAC Rules are unfair or should not apply for any reason.
(c) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, the Company, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(d) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and the Company will not have the right to assert the claim.
(e) If any portion of this Section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
13. **Governing Law**
These Terms and your access to and use of the Publishing Service shall be governed by and construed and enforced in accordance with the laws of Singapore without giving effect to the conflict of laws principles thereof.
14. **Termination**
Notwithstanding the foregoing, we may suspend or terminate your access to the Publishing Service at any time in connection with any transaction as required by applicable law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating these Publisher Terms at any time and without notice to you. Such suspension or termination shall not constitute a breach of these Terms by the Company.
Upon any termination, discontinuation, or cancellation of these Terms, the following Sections will survive: 1, 2, 3, 9, 10, 11, 12, 13 and 14.
# Terms of Service
Date Last Revised: May 13, 2024
1. **Acceptance of Terms of Service**
These Terms of Service (“**Terms**”) for use of the websites, mobile applications, widgets, APIs, emails, and other online products and services (collectively, the “**Services**”) provided by C98 Asia Pacific Pte. Ltd. (“**Company**”, "**we**", "**our**", and "**us**"). By accessing, browsing, or using the Services or the Materials, or by clicking your consent (e.g. “**Continue**”, “**Sign-in**”, or “**Sign-up**”), you accept and agree to be bound by these Terms. Because we offer a variety of Services, you may be asked to agree to additional terms, policies, guidelines, or rules before using a specific product or service offered by the Company (collectively, “**Additional Terms**”). If you participate in any Service that is subject to Additional Terms, you must also agree to those Additional Terms.
The Company reserves the right to modify or replace any of these Terms in its sole discretion from time to time. The “Date Last Revised” specified on these Terms indicates the date on which the Terms were last modified. Please check these Terms periodically to ensure that you are aware of and in compliance with the most current version of these Terms. Any revision to the Terms shall take effect immediately upon such revised Terms being published on the Services. Such revised Terms shall be binding on you, and by your continued access and/or use of the Services for purposes set forth herein, you shall be deemed to agree to and accept the Terms as revised.
THE SERVICES IS DEVELOPED AND PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS BY THE COMPANY AND/OR ITS AFFILIATES, AND THE COMPANY AND ITS AFFILIATES (SAVE TO THE EXTENT PROHIBITED BY APPLICABLE LAWS) EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND IN RESPECT THEREOF. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CANCEL YOUR ACCESS IMMEDIATELY.
2. **Your Accounts and Responsibilities**
Certain features or services offered on or through the Services may require you to open an account (including setting up a username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the Company or any other user of or visitor to the Services due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
To use our Services, you must be at least 13 years old. We may offer additional Services that require you to be older to use them, so please read all notices and any Additional Terms carefully when you access the Services.
By using the Services, you state that:
* You are at least 13 years old and over the minimum age required by the laws of your country of residence to access and use the Services;
* You can form a binding contract with the Company, or, if you are over 13 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms;
* You are not barred from using the Services under all applicable laws; and
* You have not been permanently suspended or removed from the Services.
If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind that entity to these Terms.
We have the right to disable your account, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or any applicable subscription agreement (if any).
3. **Your use of the Services**
The Services may contain information, text, links, graphics, photos, videos, audio, streams, software, tools, or other materials (“**Content**”), including Content created with or submitted to the Services by you or other users. Subject to your complete and ongoing compliance with these Terms, the Company grants you a personal, non-transferable, non-exclusive, revocable, limited license to: (a) install and use a copy of our mobile application associated with the Services that is obtained from a legitimate marketplace on a mobile device owned or controlled by you; and (b) access and use the Services. We reserve all rights not expressly granted to you by these Terms.\
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Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:
* license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
* modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
* access the Services or Content in order to build a similar or competitive website, product, or service, except as permitted under any Additional Terms.
We are always improving our Services. This means we may add or remove features, products, or functionalities; we will try to notify you beforehand, but that won’t always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
4. **Things you cannot do**
You agree that you will not use the Services, the Content or the Materials to:
(a) gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services, copy or monitor any portion of the Services, the Content or any Materials, or in any way reproduce or circumvent the navigational structure or presentation of the Services, the Content or any Materials for commercial purpose, to obtain or attempt to obtain any Content or Materials through any means not purposely made available through the Services;
(b) circumvent any use-limitation or restricted-access technology used by the Services, the Content or the Materials, or otherwise attempt to gain unauthorized access to other accounts, computer systems, or networks connected to any Company server or the Materials, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, the Content or the Materials;
(c) probe scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services;
(d) use the Services, the Content or the Materials in any manner that could damage, disable, overburden, or impair any Company server or network(s) connections, disobey any requirements, procedures, policies, or regulations of networks connected to the Services, the Content or the Materials, or interfere with any other party's use and enjoyment of the Services, the Content or the Materials;
(e) edit or otherwise modify the Content or the Materials in the Services, or redistribute the Content or the Materials from the Services without our permission;
(f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services, the Content or the Materials;
(g) upload, post, email, transmit, or otherwise make available any content that you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(h) trace or seek to trace any information on any other user of or visitor to the Services, or any other customer of the Company, including any account (if registration is required) not owned by you, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services;
(i) impersonate any person or entity, including but not limited to a Company official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with the Company or any person or entity, or collect or store personal data about other users in connection with any prohibited conduct or activities;
(j) use the Services, the Content or the Materials to create products or perform services which compete or interfere with those of the Company;
(k) misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
(l) attack the Services via a denial-of-service attack or a distributed denial-of service attack;
(m) remove any copyright or other proprietary rights notices placed upon the Services, the Content or Materials; and
(n) intentionally or unintentionally violate any applicable local, state, national, or international applicable law.
You acknowledge and agree that enforcement of this Section is solely at Company’s discretion, and failure to enforce this Section in some instances does not constitute a waiver of its right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third party or any reasonable expectation that the Services, the Content or the Materials will not contain any content or conduct that is prohibited by this Section.
5. **Intellectual Property**
**5.1. Intellectual Property of the Company**
(a) The Services are owned and operated by the Company. All text, graphics, user interfaces, visual interfaces, illustrations, photographs, trademarks, logos, sounds, music, artwork, data, computer code, services, trademarks, and other elements of the Services (collectively, "**Materials**"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Materials, are owned, controlled or licensed by or to Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws around the world. All such rights are hereby expressly reserved. Except as set forth in these Terms and unless otherwise specified in the Materials themselves or pursuant to any license terms or permissions for the Materials, (a) no license rights or other rights are granted to you under any patents, copyrights, trademarks, or trade secret information, whether by implication, estoppel or otherwise, and (b) you shall not modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell the Services, the Content or the Materials. Any unauthorized use of the Services, the Content or the Materials may infringe Company’s or a third party’s copyright rights, trademark rights, or other proprietary rights, and may result in civil or criminal liability.
(b) Except as expressly provided in these Terms, no part of the Services and no Materials may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, websites or other medium for publication or distribution or for any commercial purposes, without Company’s express prior written consent.
(c) You must not:
i. use any of the Company’s trademarks or the trademarks of any third parties which are included on the Services without express written permission from the owner; or
ii. display or use a link in a manner that causes the Services or any portion of the Content or the Materials to display within a frame, be associated with any advertising or sponsorship not part of the Services, or otherwise incorporate the Content or the Materials into a third-party website; or
iii. alter, block or otherwise prevent display of any Materials of the Services; or
iv. link to the Services if the linker’s website may reasonably be considered to be obscene, defamatory, harassing, offensive or malicious, or if the linker's website infringes any third party rights or otherwise does not comply with all applicable laws or regulations.
(d) The Services, the Content and the Materials may contain third party submitted or provided content (“**Third Party Content**”). Third Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third Party Content. Under no circumstances will the Company be liable to you or to any third party in any way for any Third Party Content, including but not limited to any errors or omissions, or damages of any kind.
(e) The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including your User Content.
(f) Use of the Services, the Content and the Materials is authorized for personal purposes only and is subject to the Terms. To request permission to use Services, the Content or the Materials outside of the mentioned purposes please submit your request via e-mail to . Please include a description of your proposed usage of the materials, along with a link or copy of the Services, the Content or the Materials being requested and your contact information. Company reserves the right to approve or reject any such request, as determined by Company in its sole and absolute discretion.
**5.2. Intellectual Property of users**
(a) You are the owner of all intellectual property rights of your user content created with or submitted to the Services (“**User Content**”) by you or through your account. Those works are protected by copyright, trademark and other intellectual property laws around the world.
(b) Your User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or the Company or a third party (in each case under any applicable law).
(c) You must not submit any User Content to the Services that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
(d) Although we have no obligation to screen, edit, or monitor your User Content, we may, in our sole discretion, edit or remove any User Content at any time for any reason, including for violating these Terms, violating our content policy, or if you otherwise create or are likely to create liability for us.
(e) Notwithstanding our rights under these Terms in relation to User Content, we do not undertake to monitor the submission of such content to, or the publication of such content on the Services.When your User Content is created with or submitted to the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services, the Content and the Materials and any other product now existing or later developed by the Company (and its successors’ and affiliates’) including without limitation for promoting and redistributing part or all of the Services, the Content and the Materials (and derivative works thereof) in any media formats and through any media channels.
(f) You also hereby grant each visitor of the Services a non-exclusive license to access your User Content.
6. **Links to third-party websites**
The Services may contain links to other third-party websites ("**Linked Websites**"). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under Company’s control, and Company is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.
7. **Violations of these Terms**
(a) You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.
(b) You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Services, for cause, which includes but is not limited to (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Services or any service offered on or through the Services, or (4) unexpected technical issues or problems.
(c) If the Company does take any legal action against you as a result of your violation of these Terms, the Company will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company. You agree that the Company will not be liable to you or to any third party for termination of your access to the Services as a result of any violation of these Terms.
8. **Indemnity**
You agree to indemnify and hold the Company and each of its officers, directors, employees, agents, representatives, partners, suppliers, and licensors (the “**Indemnified Parties**”) harmless from and against all actions, claims, or demands, and all losses, damages, liabilities, fees, fines, penalties, costs, and expenses (including without limitation attorneys’ fees and legal costs) arising from or relating to your breach or violation of these Terms. You acknowledge and agree that the Company may, at any time, assume the exclusive defense and control over any claim for which you owe indemnity to the Company hereunder, and you agree to fully cooperate with the Company, at Company’s reasonable request, in connection with Company’s defense and investigation of any such claim. You agree that you will not settle or compromise any claim for which indemnity is owed hereunder without Company’s prior written consent, which the Company may refuse, withhold, condition, or delay, no matter the reason, in its sole and absolute discretion.
9. **Disclaimers**
(a) WHILST WE USE REASONABLE ENDEAVOURS TO PROVIDE UP TO DATE AND RELEVANT MATERIALS, THE COMMENTARY AND OTHER MATERIALS POSTED ON THE SERVICES ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. NOTHING IN THE MATERIALS AND/OR ON THE SERVICES CONSTITUTES, OR IS MEANT TO CONSTITUTE, FINANCIAL ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY FINANCIAL MATTER, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. YOU ARE AWARE OF AND AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS THAT YOU SUFFER AS A RESULT OF ANY FINANCIAL TRANSACTION, REGARDLESS OF WHETHER OR NOT YOU ENTER SUCH TRANSACTION BASED IN ANY WAY UPON ANYTHING YOU LEARN FROM THE SERVICES. WE ARE NOT YOUR FINANCIAL ADVISOR AND WHEN IT COMES TO MAKING FINANCIAL DECISIONS, YOU ARE ON YOUR OWN. WE THEREFORE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY VISITOR TO THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF WEBSITE’S MATERIALS.
(b) THE COMPANY DOES NOT PROMISE THAT THE SERVICES OR ANY MATERIALS, WILL BE ACCURATE, RELIABLE OR CORRECT; THAT THE FEATURES ON THE SERVICES ARE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES AND/OR ANY MATERIALS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SERVICES OR ANY MATERIALS IS TO STOP USING THE SERVICES OR ANY SUCH MATERIALS.
(c) THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
(d) THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
(e) THE COMPANY RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THE SERVICES, OR ANY PORTION OF THE SERVICES, FOR ANY REASON; (2) TO MODIFY OR CHANGE THE SERVICES, OR ANY PORTION OF THE SERVICES, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) TO INTERRUPT THE OPERATION OF THE SERVICES, OR ANY PORTION OF THE SERVICES, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.
10. **Limitation of liability**
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AFFILIATES OR ITS LICENSORS WILL NOT BE LIABLE TO YOU FOR:
(a) ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR SIMILAR LOSS, IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE MATERIALS, INCLUDING WITHOUT LIMITATION THE USE OR PERFORMANCE OF ANY PRODUCTS, DOCUMENTS, SERVICES, OR INFORMATION MADE AVAILABLE ON THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY UNDER WHICH SUCH DAMAGES ARE SOUGHT (WHETHER IN AN ACTION FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE (INCLUDING STRICT LIABILITY), OR OTHER ACTION IN TORT).
(b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY CONTENT IN OR ON THE SERVICES, THE MATERIALS, ANY CHANGES MADE BY THE COMPANY THERETO, OR ANY PERMANENT OR TEMPORARY CESSATION BY THE COMPANY IN THE PROVISION THEREOF. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY INVESTMENT OR FINANCIAL-RELATED DECISIONS YOU MAKE AS A RESULT OF ANY INFORMATION IN THE SERVICES OR MATERIALS. FURTHERMORE, UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
(c) NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR DAMAGES EXCEED THE AMOUNTS YOU HAVE PAID OR ONE HUNDRED U.S. DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE.
(d) THE FOREGOING LIMITATIONS ON COMPANY’S LIABILITY WILL APPLY WHETHER OR NOT THE COMPANY KNEW OF, WAS ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SERVICES OR THE MATERIALS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE.
11. **Privacy Policy**
Please refer to our **\** for information about how we collect, use, and disclose information from the Services users. By submitting personal data through the Services, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.
12. **Modification to the Services**
We are always working to improve the Services, so the Services may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limitations on certain features or restrict access to part or all the Services.
13. **Dispute Resolution**
(a) We want to address your concerns without needing a formal legal case. Before filing a claim against the Company, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email . The notice must (1) include your name, residence address, email address, and telephone number; (2) describe the nature and basis of the claim; and (3) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.
(b) Except for claims disputes in which you or the Company seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and the Company waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms, including claims related to privacy and data security, (collectively, “**Disputes**”) resolved in court. All Disputes shall be submitted to the Singapore International Arbitration Centre (“**SIAC**”) to be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings shall be conducted virtually. You and the Company agree that Disputes will be held in accordance with the SIAC Arbitration Rules and Procedures (“**SIAC Rules**”). The most recent version of the SIAC Rules is incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the SIAC Rules or waive your opportunity to read the SIAC Rules and waive any claim that the SIAC Rules are unfair or should not apply for any reason.
(c) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, the Company, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(d) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and the Company will not have the right to assert the claim.
(e) If any portion of this Section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
14. **Governing Law**
These Terms and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of Singapore without giving effect to the conflict of laws principles thereof.
15. **Termination**
Notwithstanding the foregoing, we may suspend or terminate your access to the Services at any time in connection with any transaction as required by applicable law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating these Terms at any time and without notice to you. Such suspension or termination shall not constitute a breach of these Terms by the Company.
Upon any termination, discontinuation, or cancellation of these Terms, the following Sections will survive: 1, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17.
16. **Severability**
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
17. **Injunctive Relief**
You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
18. **Miscellaneous**
These Terms constitute the entire agreement between you and the Company relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of the Company, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
\
# Publisher Terms of Service
# Privacy Policy
Date Last Revised: May 13, 2024
This Privacy Policy describes how C98 Asia Pacific Pte. Ltd. ("**Company**”, "**we**", "**our**", and "**us**") collects, uses, processes, discloses, shares, transfers, and protects your personal information or data when you:
(a) access the website as well as any other media form, media channel, mobile website related, linked, or otherwise connected thereto which is controlled by the Company (collectively, the “**Website**”); and
(b) provide us with your personal data.
This Privacy Policy (together with our **\** and any other documents referred to herein) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed, used and/or disclosed by us. Please read the following carefully to understand our practices in processing your personal data, as well as your rights regarding your personal data and how we will treat it.
By visiting our Website and/or submitting data to us, you are accepting and consenting to the collection, use, disclosure and processing of your personal data as described in this Privacy Policy. Please refrain from accessing the Website and do not provide any personal data to us if you disagree with the terms of this Privacy Policy.
We may change or amend this Privacy Policy from time to time without notice to you, in compliance with applicable laws or as we update our data usage and handling processes. Any changes we may make to this Privacy Policy in the future will be made available on our website and any such changes will become effective upon posting of the revised Privacy Policy. The updated Privacy Policy will supersede earlier versions and will apply to personal data provided to us previously. Please check back frequently to see any updates or changes to our Privacy Policy.
For the avoidance of doubt, this Privacy Policy forms a part of the terms and conditions governing your relationship with us. This Privacy Policy supplements but does not supersede or replace any other consents you may have provided to us, or any other agreements or arrangements that you may have with us, in respect of your personal data.
For any questions or feedback in relation to this Privacy Policy or your personal data, or if you wish to make a complaint to us, please submit your requests, feedback or complaint to .
When you contact us, we may require that you submit certain forms or provide certain information, including verification of your identity, before we are able to respond.
1. **Your personal data**
“**Personal data**” is data that can be used, separately or together with other information, to identify a natural person. Examples of personal data include name, email address, IP address based on your activities on our Website, and any other information of a personal nature.
We may collect and process personal data provided directly by you. We also process, insofar as necessary, personal data provided to us by third parties, including publicly accessible data, personal data legitimately provided by other group companies, personal data collected through your use of our (or our service provider’s) digital technologies and services and/or purchase our products, and personal data provided by other trusted third parties (including our service providers).
You are responsible for ensuring that all personal data that you provide to us is true, accurate, and complete. You are responsible for informing us of any changes to your data in writing, so that we may take all reasonable measures to keep our records of your personal data correct and up to date.
When our collection is based on consent, you have the choice, at any time, not to provide your personal data to us or to withdraw your consent previously provided to us. However, do note that if you do so, we may be unable to fulfill the purposes for which we require the personal data, continue to fulfill any contractual relationship which may be in place between us.
In certain circumstances, you may also provide us with personal data of persons other than yourself (such as your officers, employees, agents, customers, family members and next-of-kin). If you do so, you represent and warrant that you have brought this Privacy Policy to his/her attention, informed him/her of the purposes for which we are collecting his/her personal data and that he/she has consented to your disclosure of his/her personal data to us for those purposes and accepts this Privacy Policy. You agree to indemnify and hold us harmless from and against any and all claims by such individuals relating to our collection, use and disclosure of such personal data in accordance with the terms of this Privacy Policy.
**1.1. Personal data you give us**
You may voluntarily give us your personal data by filling in forms on the Website or by corresponding with us by phone, e-mail or otherwise. This includes personal data you provide when you register on the Website or when you report a problem with the Website. See Clause 1.3 for more information on how we collect your personal data.
Examples of personal data you may provide to us include (depending on the nature of your interaction with us) your name, email address, and any other information relating to any individuals which you have provided to us in any forms submitted to us, or via other forms of interaction with you. See Clause 1.2 for more information on the types of personal data we may collect from you.
**1.2. Personal data and/or information we collect about you**
With regard to each of your visits to or use of our Website, we may collect the following information and/or personal data that are relevant to our relationship with you, as well as copies of documents verifying such information:
(a) technical information, including but not limited to the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, and information relating to your operating system and platform; and
(b) information about your visit and use of our Website, including but not limited to the full Uniform Resource Locators (URL) clickstream to, through and from our Website (including date and time), download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
You hereby agree that we are entitled to collect and use the above-listed personal data and/or information you have provided on our Website or generated through your use or access of our Website for the purposes listed in Clause 2 of this Privacy Policy.
Apart from personal data, we may collect other types of information which are not related to an individual and which are anonymous. For example, the number of website visitors and the number of website users using a particular service.
**1.3. How we collect your personal data**
We may collect your personal data directly or indirectly through various channels, such as:
(a) when you log in, visit, use, access our Website;
(b) when you authorize us to obtain your personal data from a third party;
(c) when you enter into agreements with us;
(d) when you transact with us, contact us or request that we contact you through various communication channels, for example, through social media platforms, messenger platforms, face-to-face meetings, emails and letters;
(e) when you attend events or functions organized by us;
(f) we seek information about you and receive your personal data in connection with your relationship with us;
(g) when you submit your personal data to us for any other reason;
(h) when you voluntarily complete any user survey or provide feedback to us via emails or any other electronic channels;
(i) through automated data collection technologies upon visiting our Website; and
(j) in other situations where we may collect your information as may be described in this Privacy Policy or in our terms and conditions.
**1.4. Personal data we receive from other sources and third parties**
Depending on your relationship with us, we may also collect and receive your personal data from third party sources, for example, from:
(a) public databases, public agencies, other public sources, credit bureaus, blockchain data;
(b) third parties whom you have authorized us to obtain your personal data from;
(c) our business partners such as third parties providing services to us (including but not limited to, our ID verification partners, marketing partners, advertising partners, our sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies); and/or
(d) your family members or friends who provide your personal data to us on your behalf.
We may also receive personal data about you if you use any of the other websites or platforms we operate (or operated by our affiliate or related companies), or other services we (or our affiliate or related companies) provide.
2. **Processing your personal data**
**2.1. General purposes**
We collect, use, disclose and process your personal data, including data provided by you, data we collect about you and data provided by third parties, in the following ways and upon the following grounds:
(a) for the fulfillment of contractual obligations and/or transactions entered into between you and us, and to provide you with the information;
(b) facilitating the use of our Website, including verifying, authenticating and/or establishing your identity;
(c) facilitating business asset transactions;
(d) to notify you about changes to our products and/or services published on the Website from time to time;
(e) where it is strictly necessary (i.e. to protect the vital interests of the users or other natural persons, to fulfill the purpose of public interest, or to pursue our reasonable interests);
(f) security purposes, e.g. to monitor and detect suspicious activities, to protect users from fraudulent activities, to protect our Website, users' accounts, and archives from unauthorized access or usage, to prevent damage to our Website and systems, and to protect against automated abuse such as spam, and phishing;
(g) communicating with you (through messages, emails, live chats or otherwise) and assisting you with your queries, requests, applications, complaints and feedback;
(h) resolving any disputes or legal claims, investigating any complaint, claim or dispute or any actual or suspected illegal or unlawful conduct;
(i) administrative purposes, including finance, IT and HR purposes, quality assurance and staff training, and compliance with internal policies and procedures, including audit, accounting, risk management and record keeping;
(j) carrying out research and statistical analysis, including the development of new products and services or evaluation, and improvement of our existing products and services (including but not limited to, gaining better understanding of users' needs and behaviors, diagnosing any problems with our server, and quality assurance);
(k) performing data analytics and related technologies on data, to enable us to deliver relevant content and information to you, and to improve our websites and digital platforms (e.g. ensuring that content from our Website is presented in the most effective manner for you and for your computer);
(l) managing and engaging third parties, data processors or subcontractors that provide services to us, e.g. IT services, technological services, delivery services, and other professional services (e.g. accountants, lawyers and auditors);
(m) such purposes that may be informed to you when your personal data is collected; and/or
(n) any other reasonable purposes related to the aforesaid.
Subject to the terms of this Privacy Policy, we shall not use or process your personal data for purposes other than the purposes stipulated in this Privacy Policy without your prior consent. Where your personal data is used for a new purpose and where required under applicable law, we shall obtain your consent. We may collect, use, disclose and process your personal data for other purposes, without your knowledge or consent, only where this is required or permitted by law.
We may, if necessary or required by law, provide your personal data to law enforcement agencies, regulatory organizations, courts or other public authorities. Where appropriate, we will attempt to notify our customers about legal demands for their personal data. You agree that we may not be able to do so if such notification is prohibited by law or court order, when the request is an emergency, or when the burden or expense of notifying the customers would be unreasonable to us. We may dispute such demands when we believe that the requests are disproportionate, vague or lack proper authority, but we do not promise or undertake to challenge every demand.
**2.2. Marketing purposes**
In order for us, or for authorized third parties permitted by us, to market or advertise products, events, and/or services that are of specific interest and relevance to you, we may analyze, use, process and/or rely on your personal data provided to us, or data collected from your interactions with us. However, no marketing or advertising, using your personal data in non-aggregated and/or identifiable form would be carried out unless you have provided us with your consent to use your personal data for such marketing or advertising purposes. If you do not want us to use or process your personal data for the purposes of marketing or advertising, you can withdraw your consent at any time by contacting us. You can exercise your right to prevent such use or processing by checking certain boxes on the forms we use to collect your personal data. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS or other means) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you, subject to your consent. If you are a new customer, and where we permit selected third parties to use your data for marketing or advertising purposes, we (or they) will contact you by electronic means only, subject to your consent.
**2.3. Legitimate business interests**
We may also collect, use, disclose and process your personal data for the following purposes to safeguard, support and/or carry out our company’s legitimate business interests such as:
(a) processing of personal data for the purposes of our daily operations including billing and debt collecting;
(b) managing our business and relationship with you (e.g. accurately carrying out and confirming your instructions, or for the purposes of providing you with rebates and other benefits), and providing products and/or services to our customers;
(c) assistance of carrying out corporate restructuring plans;
(d) protecting our rights and interests, and those of our customers (e.g. processing of your data for the protection of the company’s legal position in the event of legal proceedings);
(e) processing for the purpose of reporting possible criminal acts (e.g. fraud) or threats to public security to competent authorities;
(f) enforcing our terms and conditions, and obligations owed to us, or protecting ourselves from legal liability;
(g) managing our investor and shareholder relations;
(h) complying with internal policies, procedures, and operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; and/or
(i) process or share your personal data to facilitate acquisitions, mergers, or transfers of our business.
3. **Storing of data**
**3.1. Where we store your personal data**
The security of your personal data is our top priority. We shall take care in implementing and maintaining the security of our Website, as well as that of your personal data. We employ procedures and policies that incorporate industry best practices to ensure the integrity of your personal data and to prevent instances of unauthorized use.
Please note that it is impossible to fully guarantee the security of your personal data. While we take reasonable steps to safeguard your personal data in our possession or under our control, you agree not to hold us liable or responsible for any loss or damage resulting from any unauthorized or unintended access that is beyond our control (e.g. hacking or cybercrimes), or abuse of your information. We recommend that you take independent safety precautions to protect your personal data, particularly your credential information such as your username and password. You hereby agree that we shall not be liable for any information leakage and other losses not caused intentionally or otherwise by our gross negligence, including, but not limited to, hacker attacks, power interruptions, or unavoidable technical failures. For the avoidance of doubt, we do not make any warranty, guarantee, or representation that your use of our systems or applications is safe and protected from malware, and other vulnerabilities. We also do not guarantee the security of data that you choose to send us electronically. Sending such data is entirely at your own risk.
**3.2. For how long will your personal data be stored?**
We will process and store your personal data for as long as it is necessary in order to fulfill the purposes we collected it for, and to satisfy our business, contractual, legal, regulatory and/or statutory obligations (including audit, accounting or reporting purposes). We may thus be required to retain certain information, including personal data or information of users, users' profiles, identification verification materials, account information, account agreements, and other agreements between us and third parties, account statements, and other records, for an extended period of time.
We will assess and respond to requests to delete personal data and we shall accordingly delete personal data provided that the personal data is no longer required in order to fulfill our business, contractual, legal, regulatory and/or statutory obligations, or the fulfillment of any obligations to preserve records according to applicable laws and regulations.
In general, how long we keep your personal data depends on the nature of the data, e.g. we keep personal data for at least the duration of the limitation period for bringing claims if the personal data may be required to commence or defend legal proceedings. Some information may also be retained for longer e.g. where we are required to do so by law.
**3.3. Anonymized data**
In some circumstances we may anonymize and/or aggregate your personal data so that it can no longer be associated with you, in which case we are entitled to retain and use such data without restriction.
4. **Disclosure of your personal data**
Your personal data may be made available, disclosed or shared to our related parties and/or within our group of companies in order to provide our Website access to you, for management and compliance purposes, and to utilize shared group IT functions.
We may share, transfer, disclose, or allow access to your personal data to third parties in connection with the purposes described in Clause 2, including without limitation the purposes described below:
(a) to operate and/or improve our Website and/or products and/or services introduced by us from time to time on our Website;
(b) to carry out or aid in certain functions during the account opening, updating and/or maintenance process, such as, but not limited to, account processing, surveillance, reconciliation, execution, document retention requirements, and document dissemination;
(c) to process payments which you have authorized (e.g. disclosure to financial institutions that we have partnered with);
(d) if we are discussing selling or transferring part or all of our business, to a purchaser of our business. The information may be transferred to prospective purchasers under suitable terms as to confidentiality;
(e) if we are reorganized or sold, information may be transferred to a buyer who can continue to provide the Applications and related services to you;
(f) to facilitate account closing where you have a deficient balance, or upon excessive instances where you do not have sufficient funds in your account;
(g) to third parties that provide services to us, such as, but not limited to, data providers, technology providers, consulting, sales, client support operations, payment processing, authentication services, professional services (including accountants, lawyers and auditors), and technical support or services;
(h) to third parties in order to fulfill such third-party products and/or services as may be requested or directed by you;
(i) if we are defending a legal claim your information may be transferred as required in connection with defending such claim;
(j) to law enforcement agencies, authorities, public agencies and government officials, or other third parties when we are compelled to do so by a subpoena, court order, or similar legal procedure, or when we believe in good faith that the disclosure of personal data is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of any of our terms and conditions, or any other applicable policies; and
(k) other circumstances under which we may disclose your personal data such as:
i. to comply, as necessary, with applicable laws and regulatory requirements;
ii. respond to mandatory legal or governmental requests or demands for information;
iii. meet national security requirements;
iv. enforce our agreements, policies, procedures and/or Terms of Use;
v. protect ourselves, our affiliates, our users, our counterparties or the general public from illegal activities; and
vi. to respond to an emergency that requires disclosure of your personal data.
You may freely opt-out of having your personal data shared with third parties (or for any of the above listed purposes), or from allowing us to use your personal data for any purpose that is incompatible with the purposes for which we originally collected or subsequently obtained your authorization as stipulated in this Privacy Policy. Please contact us if you wish to opt-out.
We will ensure that all companies and/or third parties to whom we disclose your personal data will only process it in accordance with our instructions and on our behalf. We will, where appropriate and permissible, enter into contracts with these third parties to protect your personal data in a manner that is consistent with all applicable laws. All such companies and third parties will be required by us to meet the requirements of applicable data protection legislation and our strict privacy and retention policies to keep your personal data secure at all times.
5. **Transfer of personal data to other countries**
You agree and acknowledge that we may transfer your personal data to different jurisdictions in connection with the purposes described in this Privacy Policy:
(a) from the jurisdiction where it is collected (or where you are located) to any other jurisdictions that we operate in; and
(b) to third parties in other jurisdictions.
When we transfer your personal data internationally and where required by applicable law, we will put in place appropriate safeguards. You may obtain details of these safeguards by contacting us.
6. **Third-party collection of personal data**
Our Website may contain links to other websites or platforms that are not owned or maintained by us. These links are provided only for your convenience. You may also be accessing our Website through third party websites and/or platforms. This Privacy Policy only applies to our Website. When visiting third party websites or using their platforms, their privacy policies apply to their collection, use or disclosure of the personal data you disclose to them.
You hereby acknowledge that we shall not be responsible for the products, services, or descriptions of products or services that you receive from these third-party websites or platforms. This Privacy Policy shall not be applied to any such third-party products and services that you access through our Website. You knowingly and voluntarily assume all risks of using such third-party websites or platforms to purchase products and services, and you agree that we shall have no liability whatsoever concerning such third-party websites or platforms and your usage of them.
7. **Your rights**
Depending on the jurisdiction that you are in or where we operate, you may enjoy certain rights under applicable law in relation to our collection, use, disclosure and processing of your personal data. Such rights may include:
(a) **Access**: you may ask us if we hold your personal data and, if we are, you can request access to your personal data free of charge. This enables you to receive a copy of and information on the personal data we hold about you;
(b) **Correction**: you may request for the rectification or correction of your personal data that is incomplete or inaccurate;
(c) **Restriction**: you may withdraw consent for our use or process of your personal data, or ask us to suspend the process of your personal data (e.g. if you want us to establish its accuracy);
(d) **Objection**: where we are processing your personal data based on a legitimate interest (or those of a third party), you may object to processing on this ground;
(e) **Portability**: you may request for the transfer of your personal data to another party under certain circumstances; and
(f) **Erasure**: you may request the erasure, deletion or removal of your personal data that we hold about you in certain circumstances.
If you wish to exercise any of your rights, you may contact us at . We may require that you submit certain forms or provide certain information to process your request. Where permitted by law, we may also charge you a fee to process your request.
We may be permitted under applicable laws to refuse a request, for example, we may refuse (a) a request for erasure where the personal data is required for in connection with claims; or (b) an objection request and continue processing your personal data based on compelling legitimate grounds for the processing.