Terms of Use
You should read these terms and conditions carefully before using asianfilmarchive.org, referred to as ‘the Site’. By accessing or using the Site, you agree to be bound by these terms and conditions and our Privacy Policy. No proposed changes by you to these terms and conditions are valid or have any effect. If you do not agree with or accept any of these terms and conditions, you should cease using the Site immediately.
1. Availability and conditions of use
1.1 The Site is made available to you by us. Whilst we make every effort to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site. We reserve the right to suspend or cease the operation of the Site from time to time at our sole discretion.
1.2 As a condition of your use of the Site, you agree:
1.2.1 not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions; and
1.2.2 not to defame, disparage any one or behave in an obscene, derogatory or offensive manner; and
1.2.3 to be responsible for ensuring that your use of the Site is consistent with all applicable laws and regulations.
1.3 We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
2. Ownership, use and intellectual property rights
2.1 The Site and all content within the Site is owned and operated by us and/or our licensors. We and our licensors reserve all rights.
2.2 The Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content obtained from the Site unless expressly authorised by us.
2.3 Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered) subsisting in any content or material on the Site belongs to us and/or our licensors. All rights are reserved for the benefit of ourselves and/or our licensors. Nothing in these terms and conditions grants you any rights in the Site or the content within the Site.
2.4 The use or misuse of any trademarks or any other content on the Site except as provided in these terms and conditions or in the Site content, is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our prior written permission.
3. Submissions
3.1 We appreciate receiving film submissions to be considered for preservation. Our company policy does not encourage you to submit or send to us any unpatented ideas, advertising or marketing suggestions, patent applications, models, prototypes, or any information, written or oral, which you regard as confidential (collectively referred to as ‘Unwanted Submissions’). While we value your film submissions, we request that you restrict comments to the film submission and do not submit any Unwanted Submissions.’
3.2 Please note that any submission (including any Unwanted Submission) made to us is deemed to be our property and we are entitled to utilise any such submission in any manner we see fit. We shall not be liable for any use and/or disclosure of such submissions.
4. Posting of information
4.1 Except for any personal information we may collect from you which is governed by our privacy policy, any communication or material you post or transmit to us or the Site is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material, you agree that we and any of our affiliates may use your communication for any purpose, including reproduction, transmission, publication, broadcast, and posting. Although we reserve the right to monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any content posted on any of these functionalities nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information on such functionalities. We shall have the right at any time and for any reason to remove any communication or material posted on the Site.
5. Disclaimers
5.1 While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on the Site is at your own risk. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights.
5.2 Content on the Site is provided for your general information purposes only and to inform you about us, our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial, legal advice or any other type of advice and should not be relied on for any purposes.
6. Hyperlinks and third party sites
6.1 The Site may contain hyperlinks or references to external third party websites. Any such hyperlinks or reference is provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
7. Warranties and limitation of liability
7.1 You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis. Consequently we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any content and information on the Site, or as to satisfactory quality, or fitness for particular purpose.
7.2 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of:
7.2.1 any error or inaccuracies in any information or material within or relating to the Site;
7.2.2 the unavailability of the Site for whatsoever reason; and
7.2.3 any representation or statement made on the Site.
7.3 Under no circumstances shall we be liable to you for any loss or damage suffered (including without limitation direct or indirect losses) arising from your use of, or reliance on, the Site (including the downloading or any software, program or information).
7.4 We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
8. Indemnity
8.1 If you are in breach of any of these terms and conditions, you agree to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach.
9. General
9.1 We reserve the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Site you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
9.2 These terms and conditions contain the entire understanding and agreement between us and you in relation to your use of the Site and supersedes and replaces any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
9.3 Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
9.4 These terms and conditions are governed and construed in accordance with the laws of Singapore and you consent to the exclusive jurisdiction of the courts of Singapore.
Last updated 23 May 2018
