This website (http://www.bllnr.sg), the related web pages contained herein (collectively, the “Sites”) are owned and/or operated by HighEnd Pte. Ltd. hereinafter referred to as “Billionaire”, “We”, “Us” or “Our”.
1. TERMS OF USE
1.1 These Terms of Use (“Terms”) govern your access to and/or use of the services of the Sites, and any information, text, graphics, maps, software, code, photos, video, audio, or other materials appearing on the Sites (collectively referred to as “Content”).
1.2 Your access to and/or use of the Sites is conditioned on your acceptance of and compliance with these Terms. By accessing and/or using the Sites you agree to be bound by these Terms, so please read carefully before proceeding. If you do not agree to these Terms, then please do not access and/or use the Sites.
1.3 As a condition of your access to and/or use of the Sites, you warrant that (i) all information supplied by you on the Sites is accurate, current and complete.
Accessing the Sites
1.5 Access to Our Sites is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on the Sites without notice. We will not be liable if for any reason the Sites are unavailable at any time or for any period.
1.6 From time to time, We may restrict access to some parts of the Sites, or Our entire site, to users who have registered with Us.
1.7 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in Our opinion you have failed to comply with any of the provisions of these Terms.
Use of the Sites
1.8 You shall be solely responsible for your access to and/or use of the Sites and its materials herein. As a condition of your use and/or access of the Sites, you shall not use and/or access the Sites (i) for unlawful, illegal or fraudulent purposes; (ii) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and (iii) in any manner which is prohibited by the Terms herein.
1.9 You also agree (i) not to reproduce, duplicate, copy or re-sell any part of the Sites; and (ii) not to access without authority, interfere with, damage or disrupt any part of the Sites, any equipment or network on which the Sites are is stored, any software used in the provision of the Sites; or any equipment or network or software owned or used by any third party.
2. PRIVACY
AND MONITORING
2.1 We process information about you in accordance with Our privacy policy (“Privacy Policy”) available online at http://www.bllnr.sg/privacy. The terms of the Privacy Policy is deemed to be incorporated by reference to this section.
2.2 By using the Sites, you consent to such processing and you warrant that all data provided by you is accurate.
3. INTELLECTUAL PROPERTY
3.1 Without prejudice to Section 4.10, Billionaire is the sole owner or the licensee of all intellectual property rights in and to the Content on the Sites, and in the material published on it. Those works are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws around the world. All such rights are reserved.
3.2 You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, use transformatively, distribute or howsoever deal with any Content or material from the Sites in any form or by any means without Billionaire’s prior written permission, and you are solely responsible for obtaining such permission before dealing with any Content or material that is available on the Sites. Any unauthorized use of Content or material on the Sites may violate Billionaire’s intellectual property rights, and other applicable laws, and could result in criminal or civil penalties.
4. THE FOLD SERVICE
4.1 We may from time to time provide interactive services on the Sites, including, without limitation, the submission and upload of material to the Sites (including photographs and opinions) by you on the Sites (collectively referred to as “Your User Submitted Content”) via a service entitled “The Fold”.
4.2 Whenever you make use of The Fold service, you must comply with the content standards set out herein. You warrant that Your User Submitted Content complies with those standards, and you indemnify Us for any breach of that warranty.
4.3 Billionaire reserves the sole right to discontinue The Fold service, as well as the right to alter The Square service in its sole discretion, without prior reference to you.
Your User Submitted Content
4.4 You can use The Fold service to upload photographs to the Sites. For each photograph you upload to the Sites through The Fold service, you will provide a description of the photograph, including the location where the photograph was taken. Billionaire will review and approve each submitted photograph and/or description, and can accept or reject such photograph and/or description at its sole discretion.
4.5 Once Your User Submitted Content is approved by Billionaire and posted by Billionaire on the Sites, Your User Submitted Content becomes Content (as defined by these Terms).
4.6 Billionaire reserves the right to amend, edit, or modify Your User Submitted Content for clarity, brevity or aesthetics, prior to publication on the Sites, without prior reference to you.
4.7 We also have the right to disclose your identity to any third party who is claiming that Your User Submitted Content posted or uploaded by you to the Sites constitutes a violation of their intellectual property rights, or of their right to privacy.
4.8 We will not be responsible, or liable to any third party, for the content or accuracy of Your User Submitted Content posted or uploaded by you or any other user of the Sites.
4.9 We have the right to remove any Your User Submitted Content, if in Our sole opinion such material does not comply with the content standards set out herein.
Authorship of and License to Your User Submitted Content
4.10 You warrant that you own the copyright in Your User Submitted Content or have otherwise acquired all necessary rights to submit Your User Submitted Content to the Sites. You grant to Billionaire a non-exclusive, unlimited, transferable, sub-licensable, royalty-free, worldwide license to publish, reproduce, publicly display and perform, use and otherwise adapt or modify Your User Submitted Content (including making derivative works) on the Sites. If you advise that you wish to remove Your User Submitted Content from the Sites, Billionaire will make reasonable efforts to remove Your User Submitted Content from the Sites within thirty (30) days from the date of receipt of such notification by Billionaire.
4.11 Billionaire may (but is not obligated to), at its sole discretion, use your user identification name to provide attribution for Your User Submitted Content. To the extent that you own any so called “moral rights” in Your User Submitted Content, you agree to waive all such moral rights as they apply to Billionaire, and you release Billionaire from all claims you otherwise could assert based on such moral rights.
4.12 You agree and acknowledge that these Terms do not modify the terms of use of any third-party website (including but not limited to Facebook; Picasa; or Flickr) from which you access the Sites and/or submit Your User Submitted Content to the Sites via The Fold service.
4.13 To the extent that you access the Sites and/or submit Your User Submitted Content to the Sites via a third-party website, you are still subject to the terms and conditions you may have agreed to by virtue of your use of all such third-party websites.
Moderation of the Sites
4.14 We are under no obligation to oversee, monitor or moderate any interactive service We provide on the Sites, and We expressly exclude Our liability for any loss or damage arising from the use of any interactive service by a user in contravention of Our content standards, whether the service is moderated or not.
Content Standards
4.15 These content standards apply to Your User Submitted Content.
4.16 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
4.17 You warrant that Your User Submitted Content (i) is accurate (where they state facts), (ii) is genuinely held (where they state opinions) and (iii) complies with the applicable law in any country from which they are posted.
4.18 You further warrant that Your User Submitted Content does/is not: (i) contain any material which is defamatory of any person; (ii) contain any material which is obscene, offensive, hateful or inflammatory; (iii) promote sexually explicit material; (iv) promote violence; (v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (vi) infringe any copyright, database right or trade mark of any other person; (vii) likely to deceive any person; (viii) made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (ix) promote any illegal activity; (x) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; (xi) likely to harass, upset, embarrass, alarm or annoy any other person; (xii) used to impersonate any person, or to misrepresent your identity or affiliation with any person; (xiii) give the impression that they emanate from Billionaire, if this is not the case; or (xiv) advocate, promote or assist any unlawful act such as (by way of example only and without limitation) copyright infringement or computer misuse.
5. NO WARRANTIES
5.1 The Sites and all information provided herein are provided on an “as is,” “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose.
5.2 Without limiting the generality of the foregoing, Billionaire expressly disclaims any warranty, condition, guarantee, term or representation as to the reliability, accuracy, completeness, and validity of any Content or material on the Sites, and there is no warranty, condition, term or representation that the functions contained on the Sites will be secure, uninterrupted or error-free, or that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded.
5.3 Billionaire assumes no responsibility for errors or omissions in the materials on the Sites, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Sites is at your sole risk.
6. LIMITATION OF LIABILITY
6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BILLIONAIRE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY, AND ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR CONTRACTS, BUSINESS, ANTICPATED SAVINGS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES INCURRED BY ANY USER IN CONNECTION WITH THE SITES OR IN CONNECTION WITH THE (i) ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITES OR SERVICES, ANY WEBSITES LINKED TO THE SITES AND ANY MATERIALS POSTED ON IT; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF TRANSMISSIONS OR CONTENT, HOWEVER ARISING AND WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BILLIONAIRE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6.2 This does not affect Our liability for death or personal injury arising from Our negligence, or Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under any applicable law.
7. RELIANCE ON INFORMATION POSTED
7.1 The Sites may contain commentary and other materials, including the views, opinions, statements, recommendations and any other representations (“Endorsements”) by third party individuals and organizations (“Third Parties”) and are in no way attributable to Billionaire. These Endorsements are not intended to amount to advice on which reliance should be placed. Neither the Third Parties nor Billionaire shall be liable or responsible for such Endorsements including the accuracy, integrity, quality or reliability of the Endorsements available on the Sites, whether as a result of any errors or violations of laws or regulations or otherwise. You acknowledge and agree that any reliance upon such Endorsements will be at your sole risk.
7.2 Opinions expressed on the Sites are solely those of the writers and are not necessarily endorsed by Billionaire or its directors and editors.
8. SITE UPDATES
8.1 We aim to update the Sites regularly, and may change the Content at any time. If the need arises, We may suspend access to the Sites, or close it indefinitely. Any of the Content or material on the Sites may be out of date at any given time, and We are under no obligation to update such material.
9. VIRUSES, HACKING AND OTHER OFFENCES
9.1 You must not misuse the Sites by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Sites, the server on which the Sites are stored or any server, computer or database connected to the Sites. You must not attack the Sites site via a denial-of-service attack or a distributed denial-of service attack.
9.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act (Cap. 50A). We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use and/or access to the Sites will cease immediately.
9.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use and/or access of the Sites or to your downloading of any material posted on it, or on any website linked to it.
10. LINKING TO THE SITES
10.1 You may link to Our home page (http://www.bllnr.sg) provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but 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.
10.2 You must not establish a link from any website that is not owned by you.
10.3 The Sites site must not be framed on any other site. Further, you must not create a link to any part of the Sites other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms.
10.4 If you wish to make any use of material on the Sites site other than that set out above, please address your request to:
BILLIONAIRE, 10 Stanley Street, Singapore 068729
Ph: +65 6220 5528
11. SUSPENSION AND TERMINATION
11.1 We will determine, in Our sole discretion, whether there has been a breach of these Terms through your use and/or access of the Sites. When a breach of these Terms has occurred, We may take such action as We deem appropriate.
11.2 Failure to comply with these Terms may result in all or any of the following actions taken by Us:
Immediate, temporary or permanent withdrawal of your right to use and/or access the Sites.
Immediate, temporary or permanent removal of any posting or material uploaded by you to the Sites.
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.
Disclosure of such information to law enforcement authorities as We reasonably deem necessary.
11.3 We exclude liability for actions taken in response to breaches of these Terms. The responses described above are not exhaustive, and We may take any other action We reasonably deem appropriate.
11.4 We reserve the right to refuse any and all current or future access to and/or use of the Sites without prior notice to you.
12. GENERAL
NO RELATIONSHIP
12.1 Neither these Terms nor your use and/or access of the Sites creates any joint venture, agency, partnership, or employment relationship between you and Billionaire.
WAIVER AND SEVERABILITY
12.2 The failure of Billionaire to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
HEADINGS
12.3 The headings in these Terms are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms.
ENTIRE AGREEMENT
12.4 These Terms, which expressly incorporate the Privacy Policy and those terms and conditions referred to therein, constitute the entire agreement (collectively referred to as the “Agreement”) between you and Billionaire relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Sites.
GOVERNING LAW
12.5 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Singapore.
12.6 Any claim or dispute arising out of or relating to this Agreement and/or your access to and/or use of the Sites which cannot be resolved through negotiation will be subject to the non-exclusive jurisdiction of the courts of Singapore.
REVISIONS
12.7 Billionaire reserves the right to change, modify, add, revise or remove portions of these Terms, and make changes to the services described and provided by the Sites from time to time (collectively referred to as “Revisions”) without prior notice or liability. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Sites.
12.8 These Revisions will be incorporated into the Terms herein and shall have immediate effect. You should review these Terms periodically to view the most current version of the Terms, including your and Billionaire’s rights and obligations. Your continued use and/or access to the Sites following such Revisions shall be construed as your consent and acceptance of the Revisions.
NON-ASSIGNMENT
12.9 You may not assign these Terms or any of its rights or obligations under these Terms to any party.
THIRD PARTY RIGHTS
12.10 The Contract (Right of Third Parties) Act (Cap. 53B) shall not apply to these Terms.
NOTIFICATION UNDER THE SINGAPORE COPYRIGHT ACT
Notice
12.11 If you believe that the Content violates your intellectual property rights, you may file notice in accordance with the Singapore Copyright Act (Cap. 63) (“SCA”) with Our designated representative in the manner described below.
Billionaire’s designated representative (“Designated Representative”) to receive notifications of claimed infringement is:
Vanessa Aw, PA to the CEO
10 Stanley Street, Singapore 068729
Telephone No.: +65 6220 5528
Email:
The following information, and any other information as required by the SCA, shall be included in the notification:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Billionaire to locate the material;
Information reasonably sufficient to permit the Billionaire to contact the complaining party, such as an address, telephone number, fax number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the infringing material requires Billionaire to remove or disable access to the material that is claimed to be infringing or is the subject of the infringing activity;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
A statement that the complaining party consents to the jurisdiction of the courts of Singapore for the purposes of any criminal proceedings relating to the making of any statement that is false, which the complaining party knows is false or does not believe to be true, and which touches any point material to the object of the notice.
Counter Notice
12.12 If you believe that your photo or other content that was removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in Your User Submitted Content, you may send a counter-notice containing to Billionaire’s Designated Representative in accordance with the SCA.
12.14 The following information, and any other information as required by the SCA, shall be included in the counter-notice:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content or that the content does not infringe the copyright in any material;
A statement that the information in the notification is accurate;
A statement that the complaining party consents to the jurisdiction of the courts of Singapore for the purposes of any criminal proceedings relating to the making of any statement that is false, which the complaining party knows is false or does not believe to be true, and which touches any point material to the object of the notice.
Your name, address for service in Singapore, telephone number, fax number and e-mail address,and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Validity of Notices & Counter-notices
12.15 You acknowledge that if you fail to comply with all of the requirements of this section, your notices under this Section may not be valid.
SUBSCRIPTIONS & CANCELLATIONS
12.16 You acknowledge that subscriptions purchased through our store or directly from our digital apps will automatically renew at the end of the subscription term (usually 12 months unless stated otherwise) unless cancelled 24hrs in advance. Purchases through the store would need to be cancelled directly with PayPal. Purchases through our digital apps will be linked directly to your Google and Apple id's and can be managed or cancelled under your respective Account Settings. Digital-only subscriptions are non refundable.
12.17 You acknowledge that subscriptions cannot be refunded (fully or partially) upon receival of the first issue. Cancellations expecting a refund must be submitted in writing to us before the first issue of a subscription has been sent out to you in the post (for print & full subscriptions only).
