Terms of Service
Suptheapp Pte. Ltd.
Last Updated: 5 August 2015
PLEASE READ THIS DOCUMENT CAREFULLY
Suptheapp Pte. Ltd. ("Suptheapp Pte. Ltd.," "we," or "us") operates the Sup mobile app and related website ("Sup"). By using Sup in any way, you accept these Terms of Service ("Agreement"). If you do not wish to be bound by this Agreement, do not use Sup.
1. Who May Use Sup
2. License to Use Sup
5. Term and Termination; Account Deletion
6. Disclaimers; Limitation of Liability
7. Code of Conduct; Prohibited Activities
8. Content Restrictions
9. Licenses Granted by You
10. Your Representations and Warranties
12. Third Party Copyrights and Other Rights
14. Governing Law
15. General Provisions
1. WHO MAY USE SUP
You must be at least 13 years old to use Sup. Use is void where prohibited.
By using Sup, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use Sup, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. If you are younger than 18 years old or the relevant “age of majority” where you live, you must get permission from a parent or legal guardian to open an account and that parent or legal guardian must agree to these terms of service.
2. LICENSE TO USE SUP
Suptheapp Pte. Ltd.. grants you a limited, non-exclusive license to access and use Sup for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Suptheapp Pte. Ltd. in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Sup. Nor will you take any measures to interfere with or damage Sup. All rights not expressly granted by Suptheapp Pte. Ltd. are reserved.
Users in possession of another user’s personal data (the “Receiving Party”) must (i) comply with all applicable personal data protection laws; (ii) allow the other user (the “Disclosing Party”) to remove him/herself from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party.
To use Sup, you must register an account your Facebook login, meaning you are authorizing us to access certain information in your Facebook account, including information about Facebook friends you might share in common with other Sup users. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other Sup users in your network or geolocation. Please take precautions to protect your password and contact us at firstname.lastname@example.org if you believe an unauthorized person has accessed your account.
5. TERM AND TERMINATION; ACCOUNT DELETION
This Agreement begins on the date you first use Sup and continues until terminated in accordance with the provisions hereof. Suptheapp Pte. Ltd. may suspend, disable, or delete your account (or any part thereof) if Suptheapp Pte. Ltd. determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Suptheapp Pte. Ltd.'s reputation or goodwill. If Suptheapp Pte. Ltd. deletes your account for the foregoing reasons; you may not re-register under a different name. Upon termination, all licenses granted by Suptheapp Pte. Ltd. will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Suptheapp Pte. Ltd. shall not be responsible for the loss of such content.
6. DISCLAIMERS; LIMITATION OF LIABILITY
(a) YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER SUP USERS. YOU UNDERSTAND THAT SUPTHEAPP PTE. LTD. CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. SUPTHEAPP PTE. LTD. ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. SUPTHEAPP PTE. LTD. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. SUPTHEAPP PTE. LTD. RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
(b) IN NO EVENT SHALL SUPTHEAPP PTE. LTD.. BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EMEPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SUP SERVICE OR PERSONS YOU MEET THROUGH SUP. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
(c) Suptheapp Pte. Ltd. reserves the right to modify Sup. You are responsible for providing your own access to Sup. Suptheapp Pte. Ltd.. has no obligation to screen or monitor any content and does not guarantee that any content available on Sup complies with this Agreement or is suitable for all users.
(d) Suptheapp Pte. Ltd.. provides Sup on an "as is" and "as available" basis. You therefore use Sup at your own risk. Suptheapp Pte. Ltd.. expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Suptheapp Pte. Ltd.. makes no representations or warranties:
· That Sup will be permitted in your jurisdiction;
· That Sup will be uninterrupted or error-free;
· Concerning any content submitted by any user;
· Concerning any third party's use of content that you submit;
· That any content you submit will be made available on Sup or will be stored by Suptheapp Pte. Ltd..;
· That Suptheapp Pte. Ltd.. will continue to support any particular feature of Sup;
· Concerning sites and resources outside of Sup, even if linked to from Sup. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Sup, and no warranties shall apply after such period.
7. CODE OF CONDUCT; PROHIBITED ACTIVITIES
In using Sup, you must behave in a civil and respectful manner at all times. Further, you will not: harass or stalk any other person; harm or exploit minors;
act in a deceptive manner by, among other things, impersonating any person; collect information about others.
You will not express or imply that any statements you make are endorsed by Suptheapp Pte. Ltd.. without our specific prior written consent.
You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Suptheapp Pte. Ltd.. has the right, but not the obligation, to monitor all conduct on and content submitted to Sup.
8. CONTENT RESTRICTIONS
You are solely responsible for the content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will not provide inaccurate, misleading or false information to Suptheapp Pte. Ltd.. or to any other user. If information provided to Suptheapp Pte. Ltd.., or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
The following is a partial list of content you may not upload, post, or transmit (collectively, "submit"): is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; contains sexually explicit content; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; 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 images, audio or video, or links to pirated images, audio or video files; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.).
Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.
You may not include in your user profile any telephone numbers, street addresses, URLs or email addresses.
9. LICENSES GRANTED BY YOU
You grant Suptheapp Pte. Ltd.. and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so called "moral rights" in your content. You further grant all users of Sup permission to view your content for their personal, non-commercial purposes. If you make suggestions to Suptheapp Pte. Ltd.. on improving or adding new features to Sup, Suptheapp Pte. Ltd.. shall have the right to use your suggestions without any compensation to you.
10. YOUR REPRESENTATIONS AND WARRANTIES
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Suptheapp Pte. Ltd.. and grant the licenses set forth above; (ii) Suptheapp Pte. Ltd.. will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Suptheapp Pte. Ltd.. and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Sup; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Sup violates any law or infringes any third party right, including any intellectual property or privacy right.
12. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS COPYRIGHT POLICY
Suptheapp Pte. Ltd.. respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Sup do not infringe any third party copyright.
If you believe that your work (as included on the Services) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify our Copyright Agent.
A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on Sup; (d) information sufficient to permit Suptheapp Pte. Ltd. to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorised by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorised to act on the copyright owner's behalf.
The Sup Copyright Agent can be reached by email: email@example.com.
The Copyright Agent will only respond to any claims involving alleged copyright infringement.
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
14. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to Suptheapp Pte. Ltd. or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
15. GENERAL PROVISIONS
Suptheapp Pte. Ltd reserves all rights not expressly granted herein.
Suptheapp Pte. Ltd may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Suptheapp Pte. Ltd., nor does it authorise you to incur any costs or liabilities on Suptheapp Pte. Ltd’s behalf.
The failure of Suptheapp Pte. Ltd. at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Suptheapp Pte. Ltd.'s affiliates and subsidiaries (and each of Suptheapp Pte. Ltd’s and its affiliates' and subsidiaries' respective successors and assigns).
The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to Sup and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: firstname.lastname@example.org
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “INSTALL" AND "LOG IN" BUTTON OR ANY SIMILAR ACTION BELOW, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.