 | Effective on November 1, 2007 PLEASE READ THE FOLLOWING LEGAL NOTICE CAREFULLY BEFORE USING OR ACCESSING KLASS INTERNATIONAL LLP WEBSITE. YOUR USE OF THIS SITE IS SUBJECT TO THE TERMS OF SERVICE AND OUR PRIVACY POLICY. WELCOME This Site is owned and operated by Klass International LLP ("KILLP"). By login onto or visiting this Site, you agree and accept that the Terms of Service ("TOS") apply to and govern your use of this Site or the Forums including any person’s use of your User Account, to access this Site or use the Forums (as hereinafter defined). Your use of the Site signifies your agreement to be bound by the Terms of Service and KILLP Privacy Policy as outlined in the Privacy Statement hereby incorporated by reference. If you do not agree to be bound by the Terms of Service and/or the Privacy Statement, you may not access or otherwise use the Site. For purposes of the TOS, the following defined terms shall have these meanings: (A) "Services(s)" shall mean any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as software or wireless devices; (B) "Site" shall mean this site; (C) "Site Content" shall mean any and all human readable patent audio and/or visual elements of the Site, created or owned by KILLP, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including for, for example, without limitation, movie trailers or episodic works), designs, logos, information, and other content made available through the Site; (D) "Site Code" means and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer program, and other sets of statements and instructions contained in the underlying Site; (E) "User Account" means any account created by you, through a registration process for the purpose of accessing or using certain Services. LICENSE TO USE THE SITE KILLP grants you a revocable, non-exclusive, non-transferable, limited right/licence to access, use and privately display the Site and Site Content as described herein for your personal and non-commercial use only, by way of one (1) computer connected to the Site over the Internet, provided that you comply fully with these TOS. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized and will be a violation of the TOS and constitute a copyright violation. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of the TOS or by law. CHANGES TO SITE AND/OR TERMS OF SERVICE KILLP reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site, the Site Content, the TOS and/or the Privacy Statement, in whole or in part, at any time. Changes to this TOS and Privacy Statement will be effective when posted. You agree to review this TOS and Privacy Statement periodically to become aware of any changes. Your use of the Site after any changes to the TOS and/or the Privacy Statement are posted will be considered acceptance of those changes and will constitute your agreement to be bound by them. If you object to any such changes, your sole recourse shall be to cease using the Site. CHANGES IN SITE OWNERSHIP You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable KILLP database, to the extent KILLP assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of KILLP's assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the Terms of Service and Private Statement of the Site's subsequent owner or operator. OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY The Site, Site Content (except for User Generated Content (as defined below)), Site Code and all copyrights, trade marks, service marks, trade names and all other Intellectual Property or property rights therein are proprietary to KILLP and are owned by KILLP and/or its licensors and content providers, and are protected by applicable domestic and International laws (including but not limited to the existing copyright laws). Unless expressly permitted in writing by KILLP, you will not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code or any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an "Unauthorized Use"). Any Unauthorized Use constitutes an infringement of the Intellectual Property rights, copyrights and other proprietary rights of KILLP and/or its licensors and content providers and constitutes a violation of the TOS. Any violation of copyright laws or any applicable laws may be subject to severe civil and criminal penalties. SOFTWARE From time to time, and at its sole discretion, KILLP may make available to users certain software that may be accessible or downloaded from this Site. In the event that you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by KILLP or a KILLP-approved third party software provider ("Third Party Provider"). KILLP does not transfer rights, title, benefit or interest to the Software to you. You may own the medium on which the Software is recorded, but KILLP and/or the Third Party Provider shall retain full and complete title to their respective Software, and all Intellectual Property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Furthermore, your use of any Software of a Third Party Provider shall be subject to the terms and conditions set forth by such Third Party Provider and any applicable license agreement for its Software. SUBMISSIONS KILLP shall be pleased to hear from you, any comments regarding KILLP products and services, including its contents on this Site. However, KILLP's long-standing company policy does not allow it to accept or consider creative ideas (including stories, character ideas, screenplays, and original artwork, etc.), suggestions, or materials other than those it has specifically requested for (see below). While KILLP value your feedback, we request that you be specific in your comments regarding our services and products, and that you do not submit any creative ideas, suggestions, or materials to us without our written request for the same. This is to avoid the possibility of future misunderstandings or allegations by any person that the projects developed by KILLP's or its affiliates or professional staff appear to be similar or identical to any creative work belonging to the claimant. If, upon our written request, you send or post (e.g. via message boards or contests) certain specific submissions, or, despite our request for you not to send us any creative ideas, suggestions or other materials but you still persist to do so, such submissions (collectively, the ‘Submissions’) sent to KILLP shall be deemed, and shall remain, the exclusive property of KILLP. None of the Submissions shall be subject to any obligation of confidence on the part of KILLP, and KILLP shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, KILLP shall exclusively own the copyright to the Submissions (now known or hereafter existing) as the law so permits, and KILLP shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to those who provide the Submissions. In addition, you warrant that your Submissions do not violate any moral rights or other similar or analogous rights under any applicable laws in any country or region of the world. You agree to indemnify KILLP for any and all claims, damages, losses, and causes of action arising as a result of your Submissions or your failure to comply with the TOS. KILLP does not and cannot review all Submissions and is not responsible for the content or substance of these Submissions. However, KILLP reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of any copyright or trade mark laws, or in violation of any person's rights of privacy or publicity, or is otherwise unacceptable. Please refer to the "GUIDELINES FOR USE OF THE SERVICES" below for additional information concerning Submissions. KILLP SERVICES AND RULES FOR USE As a convenience to its visitors, KILLP may provide, from time to time and at its sole discretion, one or more Services, such as chat areas, message boards, e-mail functions, instant messaging service, voice-mail, file communities, polls, surveys, and other services. These Services are provided by KILLP to you and others subject to the TOS, the Guidelines set forth below, the Privacy Policy, and other rules that may be published from time to time (collectively, the "Rules") by KILLP. KILLP currently provides the Services free of charge to users who agree to be bound and abide by the Rules. KILLP reserves the right to change the nature of this relationship at any time. REGISTRATION AND ACCEPTANCE OF TERMS In consideration for your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services (your "Registration Information") in order to create your User Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at KILLP's sole discretion, have their User Accounts suspended or terminated, and may be permanently banned from using any current or future Services. As part of your User Account, you will be responsible for creating, and maintaining the confidentiality of, your user name and password. We ask that you select a user name other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your User Account information, as sharing your password with others may lead to unauthorized access to your User Account and the information therein. You agree that you will (i) immediately notify KILLP of any unauthorized use of your User Account, and (ii) ensure that you properly exit all Services at the completion of your use session. KILLP shall have no liability for any loss or damage arising from your use of a User Account, the Site or any Service, or your failure to comply with these requirements. GUIDELINES FOR USE OF THE SERVICES You are entirely responsible and liable for all activities conducted by you, and/or any other user of your User Account and of the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material, including any User Generated Content ("Posted Content") to any portion of the Services. Listed below are some, though not all, violations that may result in KILLP terminating or suspending your User Account and/or access to KILLP Services. You agree not to do any of the following actions while using any KILLP Service: - Harass, threaten, embarrass or cause distress or discomfort upon another Service participant, user, or other individual or entity;
- Transmit, in connection with any Service, any Posted Content that KILLP, in its sole discretion, considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;
- Cause any chat room screen in any chat room to "scroll" faster than other users are able to type to it or any action of a similar disruptive effect;
- Impersonate in any Service, any person, including but not limited to, a KILLP official or representative, chat or message board leader, guide or host; 5. Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants;
- Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants;
- Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any Services;
- Invade the privacy or violate any personal or proprietary right of any person or entity; or
- Infringe the Intellectual Property rights or similar rights, including but not limited to copyrights and trade marks, of any person or entity.
You understand that any content that you upload and/or post on the Site or any Service shall constitute a Submission for all purposes of these TOS. LINKED SITES This Site may frame, and/or contain links to or advertisements about, non-KILLP Web sites. Other sites may also reference, advertise, or link to KILLP sites. KILLP does not endorse or sponsor other Web sites and is not responsible for the content of such sites. KILLP expressly disclaims any statements or assertions made on non-KILLP Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements. USE OF SITE CONTENT You understand that when using the Site, you will be exposed to Site Content (which for the avoidance of doubt includes User Generated Content) from a variety of sources, and that KILLP is not responsible for the accuracy, usefulness, safety, or Intellectual Property rights of or relating to such Site Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KILLP with respect thereto, and agree to indemnify and hold KILLP and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site. USER GENERATED CONTENT For clarity, you retain all of your ownership rights to your User Generated Content. However, by posting or uploading your User Generated Content to the Site, or establishing any Share Link (as defined below) to your User Generated Content, you automatically grant, and represent and warrant that you have the right to grant to KILLP and its affiliates, representatives and assigns an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide, royalty-free license, to use, copy, publish, stream, publicly perform, display, reformat, translate, excerpt (in whole or in part), summarize, distribute (including, without limitation, through third-party Websites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use or reuse your User Generated Content, links and other materials of any kind residing on any web pages, in any manner, in any medium now known or hereinafter created, for any purpose. You acknowledge and agree that: (a) you have no expectation of compensation or confidentiality of any nature with respect to any of your User Generated Content and (b) KILLP and/or its affiliates may already have projects under consideration that are similar to your User Generated Content or may independently develop projects that are unintentionally similar to your User Generated Content. KILLP reserves the right to display advertisements in connection with your User Generated Content and to use your User Generated Content to advertise and promote your User Generated Content, the Site, or any other entity, business or service, that KILLP may choose in its sole discretion. If you request KILLP to remove a Share Link to your User Generated Content from the Site, your Share Link will be removed from the Site within a reasonable period of time. Nonetheless, your User Generated Content or a Share Link to your User Generated Content may still be available to third parties who previously acquired your User Generated Content or the Share Link to your User Generated Content. In addition, KILLP may maintain copies for archival purposes. KILLP is not required to host, display, or distribute any User Generated Content, and may remove any User Generated Content or any Share Link to any User Generated Content at any time. KILLP is not responsible for any loss, theft or damage of any kind to your User Generated Content. You represent and warrant that: (a) you own all rights in your User Generated Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Generated Content) or, alternatively, you have acquired all necessary rights in your User Generated Content to enable you to grant to KILLP the rights in your User Generated Content described herein; (b) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, arising from any use or commercial exploitation of your User Generated Content, and KILLP will not be responsible for such obligations; (c) you are the individual pictured and/or heard in your User Generated Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears and/or is heard in your User Generated Content to grant the rights to KILLP described herein; (d) you will make such permissions available to KILLP upon request; and (e) your User Generated Content does not infringe the Intellectual Property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your User Generated Content does not violate any of the foregoing representations and warranties and to make such records available to KILLP upon KILLP's request. While KILLP does not and cannot review all User Generated Content posted by users on the Site and is not responsible for the content of these postings, KILLP reserves the right to delete, move, or edit User Generated Content that it, in its sole discretion, deems abusive, defamatory, unlawful, obscene, in violation of copyright or trade mark laws, in violation of any person's rights of privacy or publicity or otherwise unacceptable. SHARE LINKS The Site may enable you to submit your User Generated Content to the Site via a "Share Link" from a third party host (the "Online Service Provider"). A "Share Link" is a button and/or a text link appearing on an Online Service Provider's web page that, upon being clicked by a user, enables the Site to launch a sharing mechanism through which users can share with others or post to their own member profile, links and content from that page. In no event shall the Share Link be a button that contains any icons or other graphic images, trade marks or other proprietary materials of any Online Service Provider or any other third party. If the Share Link button contains any proprietary materials of any Online Service Provider or any other third party, the rights granted for posting a Share Link may be revoked by KILLP at any time with or without cause in its sole discretion. COPYRIGHT INFRINGEMENT NOTICE PROCEDURE (a) Copyright Infringement Notification. KILLP respects the Intellectual Property rights of others. Upon proper notice, KILLP will remove Posted Content that violates copyright law, suspend access to the Site (or any portion thereof) to any user who uses the Site in violation of copyright law, and terminate the accounts of repeat infringers. Pursuant to Sections 193D(1) and 252C(1) of Singapore Copyright Act (Cap. 63), KILLP has procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send KILLP's copyright agent a notification of claimed infringement with all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit KILLP to locate the material on the Site; (iii) information reasonably sufficient to permit KILLP to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a 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; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) your physical or electronic signature. Please provide us with a notice that includes all of the above enumerated information ("Notice of Infringement") and fax or mail it to the following KILLP copyright agent: Copyright Agent Klass International LLP 6 Harper Road #04-07-2 Leong Huat Building Singapore 369674 Tel: +65 6858 2041 Fax: +65 68582411 Business Registration No. LL0600938X By submitting a Notice of Infringement, you acknowledge and agree that KILLP may forward your Notice of Infringement and any related communications to any users who posted the material identified in such notice. Please do not send notices or inquiries unrelated to alleged copyright infringement to KILLP's designated agent. (b) Counter Notification. If you believe that your content has been wrongfully removed from the Site, you may send KILLP a counter notification including the following information. (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on the Site; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, and telephone number and a statement that you agree to accept service of process from the person who submitted the original Notice of Infringement that resulted in your User Generated Content being removed (or an agent of such person) in the event he or she elects to file a suit. By submitting a counter notification, you acknowledge and agree that KILLP may forward your counter notification and any related communications to the person who submitted the original Notice of Infringement that resulted in the removal of your User Generated Content or to other third parties. MONITORING OF USER GENERATED CONTENT KILLP does not, as part of a regular, established practice, monitor, control, or have knowledge of the User Generated Content transmitted using the Site. You agree that you are solely responsible for all User Generated Content you transmit and receive using the Site. NO RESALE / EXPLOITATION You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose. CONTESTS This Site may contain contests that require you to register an KILLP account or send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you may enter. TERMINATION Your right to use the Site automatically terminates if you violate the TOS or any rules or guidelines posted in connection with the Site. You understand and agree that KILLP may, in its sole discretion and at any time, terminate your password, User Account or use of any Service, and discard and remove any Posted Content posted or submitted by you to any Service, for any reason. KILLP may also, in its sole discretion and at any time, discontinue any Service or limit or restrict any user's access thereto, for any reason. You understand and agree that KILLP may take any one or more of these actions with or without prior notice to you. Should KILLP take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your User Account, including your Registration Information and submitted User Generated Content. FURTHER, YOU AGREE THAT KILLP SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER GENERATED CONTENT OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SITE (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the Site at any time. KILLP reserves the right to investigate your use of the Site in the event KILLP, in its sole discretion, believes you have violated the Terms of Service. DISCLAIMER THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KILLP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. KILLP DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE, SERVICES OR SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, THE SERVER THAT MAKES THEM AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. KILLP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, THE SITE CODE, THE SERVICES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT KILLP) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND SOFTWARE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KILLP BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, SITE CODE OR THE SOFTWARE, EVEN IF KILLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE KILLP TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, KILLP SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KILLP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO KILLP??, IF ANY, FOR ACCESSING THIS SITE. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent KILLP may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of KILLP's liability shall be the minimum permitted under such applicable law. INDEMNIFICATION You agree to indemnify, defend, and hold harmless KILLP, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your User Generated Content) you (or anyone using your User Account) submit, post, or transmit on or through the Site; (b) your (or anyone using your User Account) use of the Site; (c) your (or anyone using your User Account) violation of these Terms of Service; or (d) your (or anyone using your User Account) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. KILLP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with KILLP in asserting any available defenses. ABILITY TO ACCEPT TERMS OF SERVICE The Site is not intended for any children or young person under 18. If you are under 18 years of age, please do not use the Site. If you are under 18, you should ask your parents or a guardian before you: - E-mail the Site, or ask us to e-mail anything to you;
- Send in any information;
- Enter any contest or game that requires information about you or offers a prize;
- Join any club or group;
- Post any information on any bulletin board or enter any chat room; or
- Buy anything online.
GOVERNING LAW; ARBITRATION The Terms of Service shall be construed and enforced in accordance with the laws of Singapore. You agree that any and all disputes or controversies of any nature between them arising at any time shall be determined by binding arbitration in accordance with and subject to the provisions of the Arbitration Rules of Singapore International Arbitration Centre ("SIAC Rules")as amended from time to time, and the arbitration will take place in Singapore. You and KILLP (collectively, "the Parties")shall be bound by the decision in any such arbitration, and judgement upon such decision may be entered in any court having jurisdiction or application maybe made to such court for judicial acceptance of the award or an order of enforcement, as the case may be. The tribunal shall consist of a single arbitrator appointed by mutual consent of the parties, or in the absence of such consent, by the Chairman of SIAC. The Arbitration shall be in English language. COMPLIANCE WITH LAWS You agree to comply with all applicable laws, rules and regulations in connection with your activities under this TOS, including without limitation the applicable laws. MISCELLANEOUS The Terms of Service, together with any other rules or guidelines posted in connection with the Site, constitute the entire and exclusive and final statement of the agreement between you and KILLP with respect to the subject matter hereof, and govern your use of the Site, superseding any prior agreements or negotiations between you and KILLP with respect to the subject matter hereof. To the extent you enter or are otherwise eligible for any contest, sweepstakes or other promotion, you may be subject to separate or additional terms and conditions that govern such contest, sweepstakes or other promotion. You may review such terms and conditions at our promotions page. The failure of KILLP to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms of Service is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms of Service shall continue in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The headings/titles in the Terms of Service are for convenience only and have no legal or contractual effect. Any limitations on liability or indemnifications explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Site. Terms of Service as of November 1, 2007. |  |