Welcome to Friends Asia. By using the FriendsAsia.com website (the 'Site'), you agree to be bound by these Terms of Use ('Agreement'), whether or not you register as a member. If you wish to become a member and make use of our services, read this Agreement and indicate your acceptance of them by following the instructions in the registration process.
This Agreement sets out legally binding terms of your use of the Site and your membership. This Agreement may be modified by Friends Asia from time to time, such modifications to be effective upon posting by Friends Asia on the Site. This Agreement includes the Site's Privacy Policy and any notices regarding the Site.
1. Eligibility
You must be 18 years of age or over to register as a member of Friends Asia or use the Site. Membership in the service is void where prohibited. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of its terms and conditions.
2. Term
This Agreement will remain in full force and effect while you use the Site and/or are a member. You may terminate your membership at any time for any reason. Friends Asia may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to us. If Friends Asia terminates your membership in the Friends Asia service because you have breached the Agreement, you will not be entitled to any refund of any unused subscription fees. Even after the membership is terminated, this Agreement will still remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4,5 and 8-12 of this Agreement.
3. Non-Commercial Use by Members
The Site is for personal use of individual members only and may not be used in connection with any commercial endeavours. Organisations, companies, and/or businesses may not be become members of this Site and should not use the service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at our sole discretion. In order to prevent the sending of unsolicited commercial email or chat messages to its members, Friends Asia may take reasonable steps, including limitation of the number of emails or chat messages sent or received by a member and electronically filtering, throttling or terminating email and chat messages at our sole discretion.
4. Proprietary Rights in Content on Friends Asia
Friends Asia owns and retains all proprietary rights in the Site and the service. The Site contains the copyrighted material, trademarks, and other proprietary information of Friends Asia and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you many not copy, modify, transmit, publish, perform, distribute, display, or sell any such proprietary information.
5. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
6. Content Posted on the Site / Acceptable Use
a) You are solely responsible for any content, messages, photos or profiles (collectively known as 'Content') that you publish, display on the service, or transmit to others.
b) You understand and agree that Friends Asia may review and delete any of the Content that in the sole judgment of Friends Asia violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of its members.
c) By publishing or displaying Content to any public of Friends Asia, you automatically grant, and you represent and warrant that you have the right to grant, to Friends Asia and irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
d) You must use the Friends Asia service in a manner consistent with any and all applicable laws and regulations.
e) You may not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile.
f) You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working condition of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not use any robot, spider, other automatic device, or manual process to monitor or copy any area of the Site without our prior expresses written permission.
g) You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Friends Asia service. You may not transmit any junk email or chain letters to other members. Although Friends Asia cannot monitor the conduct of its members off the Site, it is also a violation of these rules to use any information obtained from the Friends Asia service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
h) Friends Asia reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who displays or publishes Content that is illegal or prohibited, including without limitation, removing the offending communication from the service and terminating the membership of such violators. The following is a partial list of the kind of Content that is illegal or prohibited on the Site.
i. Harasses or advocates harassment of another person;
ii. Offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
iii. Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
iv. Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
v. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
vi. Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
vii. Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
viii. Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
ix. Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
x. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
7. Member Disputes
You are solely responsible for your interactions with other members. Friends Asia reserves the right, but has no obligation, to monitor disputes between you and other Members
8. Privacy
Use of the Site and/or the service is governed by our Privacy Policy.
9. Disclaimers
Friends Asia is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the service, whether caused by users of the Site, members or by any of the equipment or programming associated with or utilized in the service. Friends Asia is not responsible for the conduct, whether online or offline, of any user of the Site or member of the service. Friends Asia assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. Friends Asia is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the service. Under no circumstances will Friends Asia be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the service, any Content posted on the Site or transmitted to members, or any interactions between users of the Site, whether online or offline. The Site and the Friends Asia service are provided "AS-IS" and Friends Asia expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Friends Asia cannot guarantee and does not promise any specific results from use of the Site and/or the service.
10. Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Friends Asia be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Friends Asia service, even if Friends Asia has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Friends Asia's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Friends Asia for the service during the term of membership.
11. Disputes
If there is any dispute about or involving the Site and/or the service, by using the Site, you agree that the dispute will be governed by the laws of the Republic of Singapore without regard to its conflict of law provisions.
12. Indemnity
You agree to indemnify and hold Friends Asia, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
13. Other
This Agreement, accepted upon use of the Site and further affirmed by becoming a member of the service, contains the entire agreement between you and Friends Asia regarding the use of the Site and/or the service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
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