- Category: Core
Use of Portal Phenom Websites
Except as set forth in "Other agreements; software, services or access", below, Portal Phenom authorizes you to use the Portal Phenom Websites only for your own personal, non-commercial purposes. Use of the Portal Phenom Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and Portal Phenom, Portal Phenom owns the Portal Phenom Websites. The Portal Phenom Websites is protected under Singapore and international copyright laws. Any unauthorized use of the Portal Phenom Websites may violate copyright, trademark, and other laws.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Portal Phenom Websites and for paying all charges related thereto. When you register to open an account anywhere on the Portal Phenom Websites, or when you contact Portal Phenom through the Portal Phenom Websites for the purpose of receiving products or services, Portal Phenom may collect certain personal information about you. Portal Phenom's use of such information is governed by the provisions of the Portal Phenom Online Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Portal Phenom Websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Portal Phenom Websites password and you are solely responsible for all activities that occur under your password. You agree to notify Portal Phenom immediately of any unauthorized use of your password or any other breach of security related to the Portal Phenom Websites. Portal Phenom reserves the right to require you to change your password if Portal Phenom believes that your password no longer is secure. Access to Portal Phenom Websites granted under other separately executed agreements by Portal Phenom and You shall supersede the terms contained in this Section.
You agree not to use the Portal Phenom Websites (including, without limitation, any Materials or Services you may obtain through your use of the Portal Phenom Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Portal Phenom Websites or servers or networks connected to the Portal Phenom Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the Portal Phenom Websites; or (y) attempt to gain unauthorized access to any portion of the Portal Phenom Websites or any other accounts, computer systems, or networks connected to the Portal Phenom Websites, whether through hacking, password mining, or any other means.
Except as set forth in "Other agreements; software, services or access", below, Portal Phenom may terminate, suspend, or modify your registration with, or access to, all or part of the Portal Phenom Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the Portal Phenom Websites at any time. If you breach any of these Terms, your authorization to use the Portal Phenom Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
THE PORTAL PHENOM WEBSITES IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PORTAL PHENOM WEBSITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT PORTAL PHENOM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. PORTAL PHENOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PORTAL PHENOM WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PORTAL PHENOM MAKES NO WARRANTY THAT THE PORTAL PHENOM WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE PORTAL PHENOM WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE PORTAL PHENOM WEBSITES WILL BE CORRECTED. PORTAL PHENOM MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PORTAL PHENOM WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PORTAL PHENOM WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PORTAL PHENOM WEBSITES OR FROM PORTAL PHENOM, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE PORTAL PHENOM PARTIES") SHALL CREATE ANY WARRANTY. PORTAL PHENOM DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of Liability
IN NO EVENT WILL ANY OF THE PORTAL PHENOM PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE PORTAL PHENOM WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PORTAL PHENOM WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY PORTAL PHENOM PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Portal Phenom Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Portal Phenom Party's liability shall be the minimum permitted under such applicable law.
Other agreements; software, services or access
Portal Phenom may provide products (such as hardware or software) services (such as consulting and advisory, or training) or access to Portal Phenom Websites under the terms of a separate agreement between you and Portal Phenom (each, an "Other Agreement"). Portal Phenom's obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.
For example, the use of any software that is made available to download from the Portal Phenom Websites ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
Modifications to Portal Phenom Websites
Portal Phenom reserves the right to modify, suspend, or discontinue the Portal Phenom Websites at any time without notice to you. For example, Portal Phenom may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and Portal Phenom makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country.