When using the Service, you will abide by the applicable laws, rules and regulations, and by any usage guidelines ViSenze may convey to you from time to time. You may not access or use the Service for any illegal, unethical or abusive purposes, or to develop or create a similar or competitive product or service to the Service. You will be responsible for all acts and omissions associated with your access and use of the Service and the access and use of the Service by employees, agents, contractors, end-users and any other third party who may access or use the Service on your behalf, or at your permission (“Authorized Users”).
You shall be solely responsible for all information, images, videos, data or other materials (“Contributed Content”) you transmit to ViSenze by way of uploading or storing on Visenze’s platform, sending via emails or other electronic means, delivery by hand, post or courier or otherwise make available to ViSenze via the Service. ViSenze shall not be liable for the lawfulness, accuracy, integrity or quality of such Contributed Content. Under no circumstances shall ViSenze or its officers, agents, employees, licensors, users, suppliers, holding companies, subsidiaries, affiliates or related companies be liable in any way for any Contributed Content, including but not limited to any exposure to offensive, indecent or objectionable Contributed Content, any errors or omissions in any Contributed Content, or any loss or damage of any kind suffered by you as a result of the receipt, storage or processing or use of any Contributed Content posted, emailed, transmitted or otherwise made available via the Service. In the event any loss, expenses or cost is suffered or incurred by ViSenze arising from or in connection with receipt, storage, processing or otherwise use of any virus-contained or otherwise harmful Contributed Content, ViSenze shall have the right to be indemnified by you such loss, expenses or costs. You may, or may allow your Authorized Users to, upload, store, administrate, edit, make available the Contributed Content stored on our platform when accessing the Service. Any use of your account is subject to your sole responsibility. You agree not to access or use the Service to, and to take all measures to ensure your Authorized Users not to access or use the Service to:
(a) upload, post, email, transmit or otherwise make available any Contributed Content that is unlawful under the laws applicable to the Service, 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) upload, post, email, transmit or otherwise make available any Contributed Content that you do not have a right to make available under any applicable law or under contractual or fiduciary relationships;
(d) upload, post, email, transmit or otherwise make available any Contributed Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(e) upload, post, email, transmit or otherwise make available any Contributed Content 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;
(f) engage in unlawful activity or 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 of any jurisdiction; and
(g) contribute any illegal or unethical or abusive content, or use the Service for any abusive or illegal activity. ViSenze may, but is under no obligation to, review all Contributed Content and remove or block access to such content, as more fully described below.
ViSenze respects the rights of its users and any other person. If you believe that your rights are abused on the Service, please contact ViSenze at < a href="https://www.egami.ai/contact">https://www.egami.ai/contact or firstname.lastname@example.org. ViSenze may ask you to provide additional information to process your complaint. ViSenze will make reasonable efforts to review your complaint and respond promptly. ViSenze will not respond to anonymous complaints. ViSenze may remove any Contributed Content if ViSenze believes, in its sole and absolute discretion, or receives a notice from a third party, that such content may violate any third party rights. Prior to removing the said content, ViSenze will block access to it and provide you a 48-hour prior written notice before removing the said content without maintaining any backup copy.
Except for your Contributed Content, all title to, rights and interest in the Service, including any intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to ViSenze. Unless as expressly provided, these Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to the Service and you may not use the Service for any other purpose without ViSenze’s prior, express written authorization. ViSenze do not claim ownership over Contributed Content. However, you grant ViSenze permission to use your Contributed Content, for the purposes of providing, developing and supporting the Service as well as for internal data analytics.
“Confidential Information” means any information furnished or made available by you or your Authorized Users, that is identified as “confidential” or “proprietary,” either by legend on written or electronically stored material, or which ought reasonably to be recognized as confidential or proprietary by virtue of its nature or the circumstances of its disclosure. ViSenze will maintain strict confidentiality of your Confidential Information and will not use, disclose or have your Confidential Information disclosed, directly or indirectly to any third party, except as specifically required to provide you the Service, or subject to your prior written permission. ViSenze will take reasonable precautions to maintain the confidentiality of your Confidential Information with the same degree of care as to ViSenze’s own Confidential Information, but in no case less than reasonable care. Upon termination of this agreement, ViSenze will use commercially reasonable efforts to delete all copies of your Confidential Information that is stored on ViSenze’s system, except for retaining data for legitimate business purposes or as required under the applicable laws, including but not limited to account settling, record keeping, archiving and legal issues under tax related requirements. The foregoing will not be considered as your confidential information:
(a) information already known to ViSenze without an obligation of confidentiality,
(b) information that is or becomes publicly known other than through a breach by us, or
(c) information that is independently developed by ViSenze. If ViSenze is requested or required by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body or is required by the laws or regulations of any country with jurisdiction to disclose your confidential information, ViSenze will provide you a prior written notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at your cost, if you wish to contest the disclosure.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR IT BEING UP-TO-DATE. USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VISENZE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND GUARANTEE WITH RESPECT TO THE SERVICE, THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE SERVICE OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING UNDER LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE WHETHER MADE BY VISENZE’S EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THESE TERMS, WILL BE DEEMED TO BE A WARRANTY BY VISENZE FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF VISENZE WHATSOEVER. VISENZE MAKES NO WARRANTIES OR REPRESENTATIONS THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (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 RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (V) ANY ERRORS IN VISENZE’S PLATFORM OR THE SERVICE WILL BE CORRECTED.
VISENZE, AND VISENZE’S EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON VISENZE’S BEHALF WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON WITH RESPECT TO THE SERVICE’S PROPERTIES, ABILITIES, LIMITATIONS, FITNESS TO YOUR NEEDS, OR WITH RESPECT TO ANY CONTENT AVAILABLE ON THE SERVICE, THAT YOU RELY ON. VISENZE, AND VISENZE’S EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON VISENZE’S BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH (I) THE USE OF, OR THE INABILITY TO USE THE SERVICE, (II) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, (III) ANY FAULT OR ERROR MADE BY VISENZE’S STAFF OR ANYONE ACTING ON VISENZE’S BEHALF, (IV) YOUR OWN OR YOUR AUTHORIZED USERS RELIANCE ON THE CONTENT OR ON MATERIAL ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH VISENZE OR WITH OTHER USERS IN CONNECTION WITH THE SERVICE, (V) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM USE OF THE SERVICE, OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE, REGARDLESS OF WHETHER OR VISENZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS.
ViSenze does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime
(a) caused by failures of or previously scheduled maintenance to ViSenze’ equipment or servers,
(b) caused by outages to any public Internet backbones, networks or servers;
(c) caused by any failures of your equipment, systems or local access services; or
(d) relating to events beyond ViSenze’ control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where ViSenze or your servers are located or co-located. You acknowledge that the disclaimers and exclusions of liability set forth in Sections 10.0 and 11.0 represent a fair and reasonable allocation of the risks and benefits of this agreement between you and ViSenze, taking all relevant factors into consideration, including but not limited to the value of the consideration provided by you to ViSenze 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 the applicable laws.
13.1 These Terms, the Service or any dispute arising out of or in relation to the use of the Service, shall be governed and construed in accordance with the laws of the Singapore, regardless of your country of origin or where you access the Service, and without giving effect to any conflicts of law principles, which would result in the application of the laws of a jurisdiction other than Singapore.
13.2 If any dispute or difference arises between you and ViSenze during the term of your use of the Service, the disputing parties shall attempt to bring about an amicable settlement. The attempt to bring about an amicable settlement is considered to have failed as soon as one of the disputing parties hereto, after reasonable attempts which attempt shall continue for not less than fifteen (15) days, gives fifteen (15) days’ notice thereof to the other disputing party in writing.
13.3 All disputes, differences or claims arising out of or in connection with these Terms including, any question regarding its existence, validity, construction, performance, termination or alleged violation which is not resolved under Section 22.2 shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre in force from time to time, which rules are deemed to be incorporated by reference in this Section. A party seeking to commence arbitration under this Section 22.3 shall first serve a written notice, specifying the matter or matters to be so submitted to arbitration, on the other disputing party.
13.4 The seat of such arbitration shall be in Singapore and all proceedings shall be conducted in the English language.
13.5 ViSenze shall appoint a sole arbitrator for resolving the disputes between the parties.
13.6 All claims and counterclaims shall, to the extent such claims or counterclaims are known at the time any arbitration is commenced, shall be consolidated and determined in the same arbitration proceedings.
13.7 Deposits to cover the costs of arbitration shall be shared equally by the disputing parties. The award rendered by the arbitrator shall, in addition to dealing with the merits of the case, fix the costs of the arbitration and decide which of the disputing parties shall bear such costs or in what proportions such costs shall be borne by the disputing parties.
13.8 The award rendered by the arbitrator shall be final, conclusive and binding on all the disputing parties, and shall be subject to a forced execution in any court of competent jurisdiction.
13.9 Each of the disputing parties shall co-operate in good faith to expedite, to the maximum extent practicable, the conduct of any arbitral proceedings commenced under this Section.
13.10 Nothing shall preclude either of the disputing parties from seeking interim equitable or injunctive relief from the competent courts, having jurisdiction to grant relief on any disputes or differences arising from this agreement. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the disputing parties to pursue any remedy (including for monetary damages) through the arbitration described in this Section 22.
No failure to exercise, nor any delay in exercising, on the part of ViSenze, any right or remedy under the Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. If a court of competent jurisdiction holds any provision of the Terms to be invalid, illegal or unenforceable (whether in whole or in part), such provision shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining provisions of the Terms shall not be affected thereby.
You and ViSenze are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.
You may contact ViSenze with any question about the Service, through the contact form at: https://www.egami.ai/contact. ViSenze will make efforts to address your inquiry promptly. If you are already a user of the Service, you may contact ViSenze for any support or technical assistance: email@example.com