Terms and Conditions
1.1 Acceptance of Terms and Conditions
1.3 Modifications to Terms and Conditions
The Terms and Conditions may, at our sole discretion, be changed, modified or otherwise altered at any time without specific notice to you. Such modifications shall become effective immediately upon the posting thereof. The latest Terms and Conditions will be posted on this page, and your use of the Text in the City app and micro-site after such changes have been posted will constitute your agreement to the modified Terms and Conditions.
3. CONTENT AVAILABILITY
Arts House Ltd reserves the right to change content options (including eligibility for particular features) without notice.
4. USAGE RULES
You shall be authorized to use Text in the City app and micro-site only for personal, non-commercial use.
5. SUBMISSIONS TO TEXT IN THE CITY
Text in the City may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the app and micro-site accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on Text in the City app and micro-site. You hereby grant Arts House Ltd a worldwide, royalty-free, nonexclusive license to use such materials as part of the Text in the City app and microsite, and in relation to the Text in the City campaign, without any compensation or obligation to you. Arts House Ltd reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
Arts House Ltd has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Text in the City app and micro-site, to investigate any reported or apparent violation of this Agreement, and to take any action that Arts House Ltd in its sole discretion deems appropriate, including, without limitation, termination hereunder.
6. OBJECTIONABLE MATERIAL
You understand that by using the Text in the City app and micro-site, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use Text in the City app and micro-site at your sole risk and Arts House Ltd shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Text in the City app and micro-site are provided for convenience, and you agree that Arts House Ltd does not guarantee their accuracy.
7. INTELLECTUAL PROPERTY
You agree that the Text in the City app and micro-site, including but not limited to the Text in the City campaign, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Text in the City app and micro-site, contains proprietary information and material that is owned by Arts House Ltd and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Text in the City app and micro-site in compliance with this Agreement. No portion of the Text in the City app and micro-site may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the iTunes Service in any manner, and you shall not exploit the Text in the City app and micro-site in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Arts House Ltd and its licensors reserve the right to change, suspend, remove, or disable access to any part of the Text in the City campaign, content, or other materials comprising a part of the Text in the City app and micro-site at any time without notice. In no event will Arts House Ltd be liable for making these changes. Arts House Ltd may also impose limits on the use of or access to certain features or portions of the Text in the City app and micro-site, in any case and without notice or liability.
Copyrights of the Poems and Images remain with the Contributors.
All other copyrights in and to the Text in the City app and micro-site (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Arts House Ltd and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE TEXT IN THE CITY APP AND MICROSITE, EXCEPT FOR USE OF THE TEXT IN THE CITY APP AND MICROSITE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
If you fail, or Arts House Ltd suspects that you have failed, to comply with any of the provisions of this Agreement, Arts House Ltd, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Text in the City app and micro-site (or any part thereof).
Arts House Ltd reserves the right to modify, suspend, or discontinue the Text in the City app and micro-site (or any part or content thereof) at any time with or without notice to you, and Arts House Ltd will not be liable to you or to any third party should it exercise such rights.
9. DISCLAIMER OF WARRANTIES
The Text in the City app and micro-site and all content, information and materials contained in them are provided on an "as is" and "as available" basis. Arts House Ltd makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the content, information, or materials contained on the Website, including but not limited to warranties of accuracy, adequacy or completeness; non-infringement of third party rights; title; merchantability; fitness for a particular purpose, satisfactory quality and freedom from computer virus.
Links to third party websites contained on the Text in the City app and micro-site are provided for your convenience only, and not for the purposes of making any endorsement or recommendation thereof.
Arts House Ltd expressly disclaims liability for any loss or damage directly or indirectly arising out of or in connection with the reliance on, use of or inability to access any content, information and materials contained on the Website, websites that you access through links which are contained on the Website or websites that link to the Website.
You accept that our members, owners, officers, directors, employees and other representatives shall have the benefit of this clause.
10. EXCLUSION OF LIABILITY
Under no circumstances shall Arts House Ltd be liable for nor will Arts House Ltd assume any legal liability or responsibility for any losses or damages (whether such losses or damages were foreseen, foreseeable, known or otherwise, and regardless of the form or cause of action) of any kind, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, arising in any way from or in connection with:
a. your use, misuse or inability to use the Website; b. any reliance on any part of the content, information and/or materials contained on the Website; c. any interruption, suspension, modification, alteration, or termination of the Website or any computer virus; d. any use of or access to any website that is accessed through links which are contained on the Website.
This clause shall apply to the fullest extent permitted by law.
You agree to indemnify and hold harmless Arts House Ltd, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against all claims, losses, expenses, damages and costs (including reasonable legal fees and court costs) on an indemnity basis, resulting from or arising out of your use of the Website, your violation of the Terms and Conditions or your violation of any rights of another party.
12. NO WAIVER
The failure of Arts House Ltd to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver by us of any breach or default hereunder shall not be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of the Terms and Conditions is held to be illegal or unenforceable, in whole or in part, under any applicable law, enactment or regulation, such provision or part thereof shall, to that extent, be deemed not to form part of the Terms and Conditions but the validity and enforceability of the remainder of the Terms and Conditions shall not be affected.
14. GOVERNING LAW AND JURISDICTION
The Website and Mobile App, the Terms and Conditions and the relationship between you and Arts House Ltd shall be subject to, governed by and construed in accordance with the laws of the Republic of Singapore. You hereby agree to irrevocably submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore as regards any claim, dispute or matter arising herein.