Watchtribune.com Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Watch Tribune. Goldarths Review SaRL ("we" and "us", as the case may be) provides the Service (as defined below) to you, subject to the following Terms of Service ("TOS"), which may be updated by us in our sole discretion from time to time without notice to you. You agree that your continued use of the Service after such update will constitute your acceptance of and agreement to be bound by the updated TOS. You can review the most current version of the TOS at any time at: http://www.watchtribune.com/tos.aspx. In addition, when using particular Watch Tribune owned or operated services, you and Watch Tribune shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. In most cases the guidelines and rules are specific to a particular part of the Service and will assist you in applying the TOS to that part, but to the extent of any inconsistency between the TOS and any guideline or rule, the TOS will prevail. Watch Tribune and/or its holding, parent, subsidiary or related companies may also offer other services that are governed by different Terms of Service , in which case the TOS do not apply to such other services if and to the extent expressly excluded by such different Terms of Services.
2. DESCRIPTION OF SERVICE
Watch Tribune and its publisher company provides or will provide users with access to a rich collection of resources, including picture sharing services, search services, database services, personalized content and branded programming (the "Service") through its network of properties which may be accessed through any various medium or device now known or hereafter developed , including but not limited to the World Wide Web, mobile telephone or communications services (such as SMS (Short Message Service)), and/or other Internet or telecommunications services or protocols (such as WAP (Wireless Application Protocol)) . You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Watch Tribune to provide the Service. You also understand and agree that the Service may include certain communications from Watch Tribune, such as service announcements, administrative messages and the Watch Tribune Newsletter, and that these communications are considered part of Watch Tribune membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Watch Tribune properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Watch Tribune assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Unless expressly stated otherwise, no information presented in the Service or in connection with any products and services forming part of the Service shall be deemed as a binding offer by us or the relevant third party, but may constitute an invitation for you to place an order. In respect of contracts for our or any third party's products and services which are made available as part of the Service, these shall be deemed concluded when we or the relevant third party have accepted your order for the same or have provided you with the product or service pursuant to your order.
Please be aware that Watch Tribune has created certain areas on the Service that are restricted from general viewing and you must fulfill the specified conditions to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Switzerland or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Watch Tribune has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Watch Tribune has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Watch Tribune is concerned about the safety and privacy of all its users.
4. WATCH TRIBUNE PRIVACY POLICY
Our Privacy Policy can be found here
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Watch Tribune of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Watch Tribune cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Watch Tribune, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Watch Tribune does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Watch Tribune or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Watch Tribune official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge IDs or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
(h) upload, post, email, transmit or otherwise make available 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;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or another person's use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange;
(l) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(m) "stalk" or otherwise harass another;
(n) commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Service or otherwise and/or
(o) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above.
You acknowledge that Watch Tribune may or may not pre-screen Content, but that Watch Tribune and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any Content that is available via the Service. Without limiting the foregoing, Watch Tribune and its designees shall have the right to remove any Content (whether or not provided by you) that we believe in good faith violates the TOS or that has been alleged to infringe any intellectual property or that is otherwise objectionable in our sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Watch Tribune or submitted to Watch Tribune, including without limitation information in Watch Tribune Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that Watch Tribune may in its sole discretion access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Watch Tribune, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Watch Tribune and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. NATURE OF COMMUNICATIONS ON WATCH TRIBUNE NETWORK
When you register with Watch Tribune, you acknowledge that in using the Services to send electronic communications (including but not limited to comments, search queries, sending messages, uploading photos and files to Watch Tribune, and other Internet activities), you will be causing communications to be sent through Watch Tribune's computer networks, portions of which are located in one jurisdiction, and other locations in other jurisdictions and portions of which are located in other jurisdictions. As a result, and also as a result of Watch Tribune's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Switzerland or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Watch Tribune does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Watch Tribune the following worldwide, royalty-free, transferable and non-exclusive license(s), as applicable:
(a) With respect to Content you submit or make available for inclusion on publicly accessible areas of Watch Tribune Groups, the license to use, distribute, reproduce, modify, adapt, publish, broadcast, publicly perform and publicly display such Content on the Service solely for the purposes of promoting Watch Tribune. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Watch Tribune removes such Content from the Service.
(b) With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, publish, broadcast, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Watch Tribune removes such Content from the Service.
"Publicly accessible" areas of the Service are those areas of the Watch Tribune network of properties that are intended by Watch Tribune to be available to the general public.
10. INDEMNITY
You agree to indemnify and hold Watch Tribune and its parent, holding, subsidiary, affiliated and related companies, officers, agents, employees, partners, suppliers, vendors, co-branders, licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another or your breach of any applicable law.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Watch Tribune ID), use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Watch Tribune may, in its sole discretion, establish general practices and limits concerning use of the Service, including without limitation the manner in which the Service is used, the maximum number of days that comments, messages or other uploaded Content will be retained by the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Watch Tribune has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or made available through the Service. You acknowledge that Watch Tribune reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Watch Tribune reserves the right to modify these general practices and limits from time to time in our sole discretion, with or without notice, and you agree that your continued use of the Service after such modification will constitute your acceptance of and agreement to be bound by the modified general practices and limits.
13. MODIFICATIONS TO SERVICE
Watch Tribune reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Watch Tribune shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
14. TERMINATION
You agree that Watch Tribune may, under certain circumstances and without prior notice, immediately terminate your Watch Tribune account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations or purported breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services.
15. DEALINGS WITH ADVERTISERS
The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third party advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers, even where it is in relation to any products or services that are co-branded with us which may include our trademarks. You agree that Watch Tribune shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
16. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Watch Tribune has no control over such sites and resources, you acknowledge and agree that Watch Tribune is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Watch Tribune shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
17. WATCH TRIBUNE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Watch Tribune or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Watch Tribune grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Watch Tribune for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WATCH TRIBUNE AND ITS PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT (OTHER THAN ANY WARRANTY THE EXCLUSION OF WHICH IS NOT LAWFUL).
(b) WATCH TRIBUNE AND ITS PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS AND VENDORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE SERVICE WILL BE ACCESSIBLE AT ANY TIME OR AT ALL TIMES VIA THE CHANNEL SELECTED OR USED BY YOU, (iv) THE INFORMATION, CONTENT OR ADVERTISEMENTS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICE (THE ?MATERIALS?) OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY RELIANCE UPON OR USE OF ANY OF THE MATERIALS SHALL BE AT YOUR OWN DISCRETION AND RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO MAKE IMPROVEMENTS TO, OR CORRECT ANY ERROR OR OMISSIONS IN, ANY PART OF THE SERVICE OR THE MATERIALS. THE MATERIALS ARE PROVIDED OR MADE AVAILABLE BY US ON AN "AS IS" BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE MATERIALS OR THE PRODUCTS.
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WATCH TRIBUNE OR OUR LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANIES, AFFILIATES, OFFICERS, AGENTS OR EMPLOYEES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS (SAVE FOR ANY FRAUDULENT MISREPRESENTATION BY US OR OUR LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANY, AFFILIATE, OFFICER, AGENT OR EMPLOYEE, AS THE CASE MAY BE).
(f) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WATCH TRIBUNE AND ITS PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WATCH TRIBUNE OR ITS LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANY, AFFILIATE, OFFICER, AGENT OR EMPLOYEE, AS THE CASE MAY BE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE SERVICE, THE MATERIALS AND THE PRODUCTS; (ii) THE USE OR THE INABILITY TO USE THE SERVICE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (vi) ANY GOODS OR SERVICES DISPOSED OF OR MESSAGES SENT OR RECEIVED USING THE SERVICE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE, THE MATERIALS OR THE PRODUCTS. NOTHING IN THIS TOS SHALL LIMIT THE LIABILITY OF US OR OUR LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANIES, AFFILIATES, OFFICERS, AGENTS OR EMPLOYEES, AS THE CASE MAY BE FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR OR THEIR NEGLIGENCE.
20. EXCLUSIONS AND LIMITATIONS
YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS OF LIABILITY SET FORTH IN SECTIONS 19 AND 20 REPRESENT A FAIR AND REASONABLE ALLOCATION OF THE RISKS AND BENEFITS OF THE AGREEMENT BETWEEN YOU AND US, TAKING ALL RELEVANT FACTORS INTO CONSIDERATION, INCLUDING WITHOUT LIMITATION THE VALUE OF THE CONSIDERATION PROVIDED BY YOU TO US AND THE AVAILABILITY AND COSTS OF INSURANCE WITH RESPECT TO THE SAID RISKS. YOU FURTHER AGREE THAT THESE DISCLAIMERS AND LIMITATIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
21. THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
22. NOTICE
Watch Tribune may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein.
23. TRADEMARK INFORMATION
The WATCH TRIBUNE logo and all associated trademarks are the property of Goldarths Inc Pte Ltd, a company incorporated in Singapore. Without the prior permission of our licensor, supplier, vendor, parent or holding company or us, as the case may be, you agree not to display or use in any manner the Watch Tribune Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property rights (such as copyright and trade mark rights) have been infringed, please contact the Managing Director Julian Peh at info@goldarths.com. Watch Tribune may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe intellectual property.
26. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Watch Tribune and governs your use of the Service, superseding any prior understandings, statements, representations and agreements between you and Watch Tribune with respect to the Service.
Choice of Law and Forum. The TOS and the relationship between you and Watch Tribune shall be governed by the laws of Switzerland without regard to its conflict of law provisions. You and Watch Tribune agree to submit to the non-exclusive jurisdiction of the courts of Switzerland.
Waiver and Severability of Terms. The failure of Watch Tribune to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Watch Tribune account is non-transferable and any rights to your Watch Tribune ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect. English version prevails. In the event that these TOS are translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
27. VIOLATIONS
Please report any violations of the TOS to info@goldarths.com.