Please read and go through these Terms of Service and Usage (defined as "Terms") carefully. They contain the legal terms and conditions that govern your usage of services provided to you by betaPod. This includes information, text, images, graphics, data, or other materials (defined as "Content") and products and services provided through betaPod(defined as "Service"). This Service is operated by betaPod(defined as "betaPod"). betaPod is also referred to as "we", "our" and "us" in these Terms.
By using our Service you agree to be bounded by Section A, "General Terms", which are applicable to all users of our Service, including visitors to betaPod website(defined as "Site"). If you choose to be registered as a member of our Service, you'll be prompted if you agree to be bounded by the additional terms stated in Section B (defined as "Additional Terms").
1. Availability
Service provided by betaPod is on an "AS IS" and "AS AVAILABLE" basis and betaPod reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without prior notice. With this, you agree that betaPod is and will not be liable to you for any modificaions, suspension, or discontinuance of the Service.
2. Privacy
betaPod is committed in the protection of your privacy. Please review the Privacy Statement of betaPod. The terms of betaPod's privacy policy are incorporated as part of these Terms.
3. Trademarks
All registered trademarks and trademarks are properties of their respective owners, otherwise stated.
4. Copyright
betaPod is, unless otherwise stated, the sole owner of all copyright and data rights in the Service and its contents. Reproduction, distribution, public display, deriative works based on any of the Content without the express, written consent of betaPod is prohibited. betaPod does not claim ownership rights for works or other material posted by our members or you.
5. External Links
betaPod may provide links to third-party websites or resources. You acknowledge and agree that betaPod is not liable or responsible for: (1) the availability and accuracy of such websites or resources (2) the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by betaPod of such websites or resources or the Content, productts or services on or available from such websites or resources. You acknowledge the sole responsibility for and assume all risk arising from your use of such websites or resources.
6. Third Party Software
betaPod may make third-party softwares available through the Service. Your usage of such third-party softwares must be agreed to the terms and conditions imposed by the third party providor and such agreement will be solely between you and the third-part providor. By using the third-party softwares, you will acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event betaPod shall be liable for claims or damages of any nature, be it direct or indirect, asiring from or related to any third-part softwares downloaded through the Service.
7. Conduct
You agree that you shall not interfere with or disrupt, or even attempt to, this Service or servers and networks in relation to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to betaPod that may be false or misleading, that attempts to hide your identity or that you do not have the right to disclose. You agree to defend and indemnify betaPod, its directors, employees, staff and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or anyway connected with your access to or usage of the Service, or your violation of these Terms.
8. Disclaimer of Warranty and Limitation of Liability
BETAPOD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIFIED AS TO THE OPERATIONS OF THE SERVICE, THE CONTENT, OR PRODUCTS, PROVIDED THROUGH THE SEVICE. YOU AGREE THAT YOUR USAGE OF THE SERVICE IS AT YOUR OWN RISK. BETAPOD DISCLAIMS ALL WARRENTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. BETAPOD MAKES NO WARRANTY TO THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE. YOU ACKNOWLEDGE THAT
BETAPOD IS NOT LIABLE FOR YOUR DEFRAMATORY, OFFENSIVE OR ILLGEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, BETAPOD SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OR ANY KIND ARISING FROM THE USAGE OF THE SERVICE, EVEN IF BETAPOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATION SHALL APPLY NOTWITHSTANDING OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL BETAPOD'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO BETAPOD PURSUANT TO THIS AGREEMENT.
9. Amendment of the Terms
betaPod reserves the right to amend these Terms from time to time in our sole discretion. If you are a valid registered member of our Service, we shall notify of any changes made to these Terms(together with the effective date of such changes) by sending to the email address that you have provided to betaPod in your membership. For all other non-member users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted the changes in the Terms. If you do not agrees to the revised Terms, your sole remedy shall be to discontinue using the Service.
10. General
These Terms constitute the entire agreement between betaPod and you with repect to your usage of the Service. betaPod's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. betaPod reserves the right to assign its rights and/or delegate its obligations under these Terms, in whole or part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the valid written contest of betaPod. These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any disputes arising under or in connection with these Terms shall be subjected to the exclusive jurisdiction of the courts of Republic of Singapore.
11. Comments and Contact
If you have any comments or enquiries regarding the Service or Terms of Services please contact us via the Contact Us form.
12. Registration and Participation
To be registered as a member of the Service, you have to be at least 12 years old or lawfully permitted to enter into and form contracts under applicable law. Under no circumstances may minors submit Content to the Service. You agree that all information that you provide to us upon registration, or at all other times, will be true, accurate, current and complete. You also agree that you will ensure that all these informations is kept accurate and up to date at all times. This is essentially important especially with respect to your email address, since that is the primary way in which we will communicate with you.
13. Password
Upon registration, you will be prompt to provide a password to secure your account. You are responsible for safeguarding the password and you agree NOT to disclose your password to any third-party. You agree that it shall be solely your responsibility for any avtivities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify betaPod of any unauthorized use of your password.
14. Submitting Content
As a valid registered member member of the Service, you will be granted the privilege of participating in activities such as the forums on the Site as part of the Serivce, which means that you may post Your Content in the form of text for display in areas of the Site, subjected to your compliance with the Terms.
15. Copyright in Your Content
betaPod does not claim ownership rights in your Content. For the sole purpose of enabling us to make your Content available throughout the Service, you grant betaPod a non-exclusive, royalty-free license to reproduce, distribute, reformat, store, prepare derivative works based on, and publicly display and perform your Content. Please also note that when you upload your Content, you allow third parties to copy, distribute and display your Content.
16. Monitoring Content
betaPod has no control over the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You agree and acknowledge that you are solely responsible for all the Content you upload, post or transmit otherwise via the Service.
17. Storage
betaPod does not grant you to store non-textual files, pictures, graphics, images, photos, important document of any kind. As a result, we do not allow file uploads. You are only allowed to submit textual information through the Service in the form of forum posts, profile comments and so on. You acknowledge betaPod may, at its option, establish limits concerning your usage of the Service, including without limitation the maximum number of days that your Content will be retained by the Service. Furthermore, you acknowledge that betaPod reserves the right to terminate or suspend accounts for an extended period of time, and thus removing or suspending your access to your Content, in betaPod's sole discretion. Without limiting the Terms in Section 9, betaPod shall have no responsilbity or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of your Content.
18. Conduct
You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display through the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the prior consent of the copyright owner or as otherwise permitted by law.
You agree not to use the Service:
a) for any unlawful purposes;
b) to post, upload or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, sexually explicit, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
c) to post, upload or otherwise transmit any materail that infringes any copright, trademark, patent, other intellectual property right or any moral right of any third parties including, but not limiting to, betaPod;
d) to harm minors in any way, including but not limiting to, uploading posting or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct or submitting any personally identifiable information about any child under the age of 13;
e) to post, upload or otherwise transmit any materials which is likely to cause harm to betaPod or anyone else's computer systems, including but not limiting to that which contains any virus, code, worm, data, or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfuction, breakdown, or corruption to the Service;
f) for any commercial purposes, except as expressly permitted under these Terms;
19.
Suspension, Termination, Restriction of Access and MembershipYou agree that betaPod may at any time, without notice, suspend or terminate any part of the Service, or refuse to fulfill any order or any part of any order or to terminate your membership and remove any Content stored on the Site in betaPod's sole discretion, if you fail to comply with the Terms or applicable law.
20.
podPointspodPoints are credits issued through contest winnings, post submission and other activities where betaPod clearly states on the Site. podPoints is currently used for invitation of members and in near future, we might have a shop where you can purchase additions for in-Site purposes. podPoints are not legal currency and are not legal tender. podPoints are not transferable and podPoints accrued in multiple accounts cannot be combined. Your podPoints cannot be redeemed for cash and cannot be used towards sales taxes, gift certificates or past purchases. podPoints are void where prohibited by law.
