OTHER APPLICABLE TERMS
- Our site is owned and operated by Scale Your Marketing LLC (“TMC”, “we”, “us”, “our”).
- TMC is a Scale Your Marketing registered under the name, Scale Your Marketing, 1455 Kettner Blvd, San Diego, CA 92101.
ACCESSING OUR SITE
- You are responsible for making all arrangements necessary to enable you to access and use our site.
- We do not guarantee that our site, or any part of it, or any content on it, will always be:
- available or uninterrupted;
- free from errors or omissions;
- secure or free from bugs or viruses.
- At any time, we may suspend, withdraw, discontinue or change, permanently or temporarily, all or any part of our site (including, without limitation, the content) without notice.
- We will not be liable to you if for any reason our site is unavailable at any time or for any period.
USE OF OUR SITE
- Our site (together with any ancillary services that we may provide) enables businesses, free-of-charge, to find suppliers of products and services in which they are interested, and request quotes from those suppliers.
- We do not vet or otherwise check any suppliers to whom we may refer users of our site, and we do not represent, warrant or guarantee the suitability or quality of any supplier for any general or specific purposes.
- Before instructing, or entering into a contract with, any supplier, you should:
- undertake your own checks, and ensure, to your own satisfaction, that the supplier is suitable for your specific circumstances and requirements; and
- consider obtaining professional or other specialist advice.
- We are not a party to any agreements, arrangements or dealings between the businesses seeking suppliers and the suppliers themselves, and we are not responsible or liable for the acts, omissions, products or services of any suppliers.
- The content on our site (including, without limitation, the Listings referred to below) is provided for general information and assistance only. It is not intended to amount to information or advice on which you should rely, and you should obtain professional or other specialist advice before taking, or refraining from taking, any action on the basis of the content on our site.
- We do not verify, moderate or otherwise check the Listings or other supplier information on our site, although we reserve the right to do so at any time. We are not responsible or liable for the content of any Listing.
- Although we make reasonable efforts to update information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. At any given time, any of the content on our site may be out-of-date, and we are under no obligation to update it.
- Where we permit you (as a supplier of products or services) to list, advertise or otherwise promote your business through a directory or other feature on our site (“Listing”), the Listing must at all times:
- be in relation to a genuine business, and to genuine products or services;
- not contain any gratuitous keys words, or any key words that have the intention or aim of unduly influencing search results; and
- not, under any circumstances, directly or indirectly, advertise, promote, encourage or refer to an affiliate scheme or a pyramid marketing or selling scheme.
- Any testimonials contained or referred to in a Listing must set out the genuine comments or reviews of genuine customers/clients of yours.
- We reserve the right to remove any Listing at any time, for any reason, and without notice.
- We do not represent, warrant or guarantee that a Listing will result in the requests for quotes for, or the purchase of, your products or services.
- You may use our site only for lawful purposes. You may not use our site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out below;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- to knowingly introduce or transmit any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other materials, codes or programs that are malicious or technologically harmful.
- You also agree:
- not to access without authority, interfere with, damage or disrupt:
- any part of our site, or any computers, servers or databases connected to or with our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment, network or software owned or used by any third party.
INTERACTIVE FEATURES AND CONTENT
From time to time, we may provide features that enable users of our site to contact or interact with each other (e.g. through discussions forums), and/or upload content to our site (e.g. Listings, comments/reviews). Where we do so, the terms in this section will apply:
- We are under no obligation to oversee, monitor or moderate any interactive feature or service that we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive feature or service by a user of our site in contravention of the content standards set out below, whether the feature or service is moderated or not.
- Other than personal data (which is covered by our Privacy & Cookies Policies), all Contributions will be considered non-confidential and non-proprietary, and we and our designees will have the right to use, copy, disclose and distribute to third parties any Contributions for any purpose.
- We also have the right to disclose your identity to any third party who is claiming that any Contribution by you constitutes a violation of their intellectual property rights, or of their right to privacy, or is defamatory.
- We will not be responsible, or liable to any third party, for the content or accuracy of any Contribution by you or any other user of our site.
- The views expressed by other users on our site do not represent our views.
- Contributions must:
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with applicable law in Singapore and in any country from which they are posted.
- Contributions must not:
- contain any material which is defamatory of any person (including, without limitation, TMC);
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; and
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
- immediate, temporary or permanent withdrawal of your right to use our site (including, without limitation, your Account, if applicable);
- immediate, temporary or permanent removal of any Contributions (as defined above) by you to our site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- If, as a result of any action taken pursuant to this section, we close your Account (if applicable), all data and information in and relating to that Account will be deleted and lost. We will not be liable to you for any such deletion or loss.
LINKING TO AND FROM OUR SITE
- You may link to the home page of our site, provided that you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it. You must comply with all directions that we may give in relation to the placing or positioning of our Scale Your Marketing, business, trading or domain names or logos on your website.
- The website in which you are linking must comply in all respects with the content standards set out above.
- You must not:
- establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
- establish a link to our site in any website that is not owned by you; or
- frame our site on any other website, or create a link to any part of our site other than the home page.
- We reserve the right to, at any time, withdraw linking permission without notice, or require you to immediately remove any links to our site or any references on your website to our Scale Your Marketing, business, trading or domain names or logos.
- Where our site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have not reviewed those websites or resources, and we have no control over or responsibility for the contents of them.
INTELLECTUAL PROPERTY RIGHTS
- TMC and the domain name at which our site is located, and through which it is accessed, are trading names and trade marks of TMC.
- We are the owner or the licensee of all intellectual property rights (including, without limitation, copyright, database rights, trade marks, trade, business and domain names, rights in goodwill, and rights to sue for passing off) in our site, and in the software in it and the content (including, without limitation, the Contributions) published on it. Those works are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our site for the purposes of finding, assessing and selecting suppliers of products and services in which you are interested, and you may draw the attention of others to content posted on our site.
- You must not modify the paper or digital copies of any materials that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any acScale Your Marketinging text.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
- Infringement of our or our licensors’ intellectual property rights in our site or any of the content or materials on our site may lead to legal proceedings in Singapore or other countries.
LIMITATION OF OUR LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
- USE OF, OR INABILITY TO USE, OUR SITE;
- USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE; OR
- YOUR APPOINTMENT, INSTRUCTION OR USE OF SUPPLIERS OR OTHER PERSONS FOUND THROUGH OR AS A RESULT OF USING OUR SITE.
- PLEASE NOTE IN PARTICULAR THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR:
- LOSS OF PROFITS, SALES, BUSINESS, REVENUE OR EARNINGS;
- BUSINESS INTERRUPTION;
- LOSS OF ANTICIPATED SAVINGS;
- LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
- ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
- WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.
- WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR SITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.
CONTACTING US / YOU
- To contact us, please write to the address set out above, or email [email protected]