TERMS OF USE
Welcome to aNERDgallery.
Please read this agreement carefully before accessing or using www.anerdgallery.com (the “Web Site”). By accessing or using the Web Site, you agree to be bound by this agreement. The information on this Web Site is owned and provided aNERDventure Group (the “Company”) is subject to your agreement to the terms and conditions below. Tampering with the Web Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
The use of the term “we” or “our” refers to the Company.
Web Site Intended Audience
This Web Site is directed to adults and is not intended for children under the age of 18. We sell products for purchase by adults. If you are under 18, you may use the Web Site only with the involvement of a parent or a guardian.
Privacy
The Company describes its current practices related to personally identifiable information collected through the Web Site in its Privacy Policy and that it may update its policies and practices from time to time at its sole discretion.
Your Use of Content, Information and Services – Disclaimer with respect to content
A variety of information, advice, recommendations, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on the Web Site. Some of the Content is provided by the Company or its suppliers, and other Content is provided by persons who use the Web Site (“Users”). While the Company strives to keep the Content that it posts on the Web Site accurate, complete, and up-to-date, it cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by the Company or its suppliers, or by Users of the Web Site. Nothing on this Web Site constitutes, or is meant to constitute, advice of any kind. Any opinions, statements or other information expressed or made available by Users or third parties, are those of the respective User or other third party and not of the Company. The Company does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Web Site. Such Content is intended solely as a general educational aid and neither the Company nor its suppliers is, by providing Content, making representations or warranties in relation to this Web Site or the information and materials provided on this Web Site.
You must not use the Web Site: (i) in any way that causes, or is likely to cause, www.aNERDgallery.com or any access to it, to be interrupted, damaged or impaired in any way; (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; or (iii) to cause annoyance, inconvenience or anxiety.
The licences granted by aNERDgallery under these Conditions terminate if you do not comply with these Conditions and any other Applicable Terms. We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable Regulations, these Conditions or any other Applicable Terms.
Eligibility and Registration Requirements
You may only buy Products on aNERDgallery.com if you register for a user account
User Account
aNERDgallery and aNERDventure Group reserves the right to reject any registration and to refuse service to anyone for any reason in its sole and absolute discretion.
You must follow the instructions and provide the required information as part of the registration process for a user account.
You warrant and represent to aNERDventure Group that the information you provide during the registration process (and any notification of change of such information) is true and correct. You must notify aNERDventure Group of any changes to your registration information immediately. If you provide false or incorrect registration information or do not notify aNERDventure Group of changes to your registration information immediately, aNERDventure Group reserves the right to terminate your account immediately and without notice to you.
If you sign up for a user account on aNERDgallery.com, as a Buyer, you are responsible for maintaining the confidentiality of your user account and password and for restricting access to your computer, and to the extent permitted by applicable Regulations you agree to accept responsibility for all activities that occur under your user account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, on the My Account area of aNERDgallery.com
Electronic Communications
When you use aNERDgallery.com or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on aNERDgallery.com. You consent to receive communications from us electronically and you agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
User-Submitted Content
Representations Made and Rights Granted
You are responsible for all Content that you submit, post, or otherwise make available to or through the Web Site. By doing so, you represent and warrant to the Company that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content.
The Company makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Web Site and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to the Company and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and Anerdgallery.com as set below
a. with respect to Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of the Web Site (e.g. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such Content (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
b. with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the Web Site, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.
User Contributions – Rules
Users who post materials to the Web Site (e.g., contributors to comment section, etc.) agree to abide by the following rules:
Users may not post or transmit material that is libelous, defamatory, obscene, fraudulent, misleading, harmful, threatening, abusive or hateful, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy of others, or that is in violation of any applicable laws; Users may not interfere with other user’s use and enjoyment of the Web Site; Users may not use the Web Site to conduct any activity that is illegal or that violates the rights of others; Users may not use the Web Site to advertise or sell products or services to others; and Users must immediately inform the Company if they have reason to believe that a user is infringing any copyrighted materials.
The Company has no responsibility for the content of any material posted by users, but reserves the right in its sole discretion to: edit or delete any documents, information or other material submitted to or appearing on the Web Site, and refuse access to the site to any user that violates this agreement.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this Web Site.
Proprietary Rights
All materials on the Web Site (as well as the organization and layout of the Web Site) are owned by and subject to the copyright of the Company or its suppliers/licensors and may be accessed, downloaded or printed only for your personal non-commercial use. Without the prior written permission of the Company you may not copy, distribute or transfer any material on the Web Site, in whole or in part.
This includes you may not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-use of any substantial parts of the content of aNERDgallery.com, without our express written consent. You may also not create and/or publish your own database that features substantial parts of aNERDgallery.com (e.g. prices and product listings) without our express written consent.
You must not, without our written permission:
- republish material from this website (including republication on another website);
- sell, rent, or sub-license material from this Web Site;
- show nay material from the Web Site in public;
- reproduce, duplicate, copy or otherwise exploit material on this Web Site for a commercial purpose;
- attempt to edit or otherwise modify any material on this Web Site; or
- redistribute material from this Web Site except for content specifically and expressly made available for redistribution.
Trademarks Notices
All trademarks, service marks, logos, designs, images, video clips, digital downloads and data compilations, used or made available on this Web Site, whether registered or unregistered, are owned by the Company, its affiliates or other third parties. You may not use or display any trademarks, service marks, logos, designs, images, video clips, digital downloads and data compilations owned by the Company or its affiliates without our prior written consent.
All trademarks, service marks, logos, designs, images, video clips, digital downloads and data compilations (including but not limited to “aNERDgallery” and “aNERDventure”) may not be used in connection with any product or service that is not aNERDgallery, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits aNERDgallery. All other trademarks not owned by aNERDgallery or aNERDventure Group that appear on anerdgallery.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by aNERDgallery or aNERDventure Group.
License and Access
Subject to your compliance with these Conditions and any other Applicable Terms, and your payment of any applicable fees, aNERDgallery or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of anerdgallery.com.
All rights not expressly granted to you in these Conditions are reserved and retained by aNERDgallery or its content providers. No part of anerdgallery.com, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of aNERDgallery without our express written consent. You may not use any meta tags or any other “hidden text” using aNERDgallery’s names or trademarks without our express written consent.
Disclaimer of Warranty
To the maximum extent permitted by law, the Company disclaims all express and implied warranties with regard to the information, services, and materials contained on the Web Site, including without limitation any implied warranties of care and skill, satisfactory quality, fitness for a particular purpose. All such information, services, and materials are provided “as is” and “as available” without warranty of any kind.
The Company does not make any warranty that the web site will meet your requirements, or that access to the web site will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. The Company makes no warranties as to the results that may be obtained from the use of the web site or as to the accuracy, quality, or reliability of any information obtained through the web site.
Limitation of Liability
In no event will the Company or its affiliates be liable for any special, indirect, punitive, exemplary or consequential loss, or any loss of data or profits and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. You acknowledge and agree that the limitations set out above are fundamental elements of this agreement and the site would not be provided to you absent such limitations.
You understand and agree that you will not bring any claim personally against Company’s officers or employees in respect of any losses suffered in connection with your use of this Web Site.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Web Site Terms of Use will protect Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.
These limitations of liability apply even if the Company has been expressly advised of the potential loss.
Indemnification
You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, agents, affiliates and suppliers from any liability, loss, claim and expense (including reasonable legal fees) directly or indirectly related to (i) your breach of this agreement, and (ii) your posting of material to the Web Site.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this Web Site Terms of Use are reasonable.
If you do not think they are reasonable, you agree that your sole and exclusive remedy is to discontinue using the Web Site.
Unenforceable Provisions
If any provision of this Web Site Terms of Use is, or is found to be unenforceable under the applicable law, that will not affect the enforceability of the other provisions of this website disclaimer. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to be in effect.
Force Majeure
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
Modification or Suspension of the Web Site
The Company may at any time modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you.
Variation
The Company may revise these Terms of Use from time to time. Revised Terms of Use will apply to the use of this Web Site from the date of the publication of the revised Terms of Use on this Web Site. When in doubt, please check this page regularly to ensure you are familiar with the most current version.
Assignment
Company may transfer, sub-contract or otherwise deal with Company’s rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.
Miscellaneous
The Company’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right.
This agreement will be governed by and construed and interpreted in accordance with the laws of Singapore.
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Last update: Aug 2017
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