LEGAL STATEMENT
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING 3D PARTNERS PTE LTD WEBSITE (WWW.3DXFESTIVAL.COM, “Site”):
This Site is fully controlled and operated by 3D PARTNERS PTE LTD ("3DX", "we" or "us"). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of 3DX (the "Agreement"). Please note that this Site and the Services (as defined below) offered are only open to users 18 years of age or older. If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Without limiting the foregoing, we may occasionally notify you by email about changes to the Site or provide notices of changes by displaying notices or links to notices to you generally on the Site. The ("Services") and ("Content") for viewing the Site shall be reviewed to retain rights and privileges to all Site patrons. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on August 15th, 2008.
ACCEPTANCE OF TERMS AND REGISTRATION
In consideration for visiting our Site and using the Services, you agree to comply with these
Terms of Use:
OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other Copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of 3DX and/or its subsidiaries, affiliates or assigns or 3DX licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. 3DX hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such Material.
You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of 3DX. Use of 3DX WEBSITE and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable, international, federal and state laws.
DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3DX is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 3DX, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THESE SITES WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY 3DX OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall 3DX liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid for accessing these Sites, which is currently FREE of charge.
HYPERLINKS TO THIRD PARTY SITES
The appearance of external hyperlinks does not constitute endorsement by 3DX, its subsidiaries and affiliates of the opinions or views expressed by these linked websites and 3DX does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, 3DX is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither 3DX, its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information (the "Information") or Postings from the end user, be advised that in no event shall 3DX assume or have any responsibility or liability for the manner in which the Information or Postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, 3DX will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, 3DX and its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. 3DX reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with 3DX in asserting any available defenses.
MISCELLANEOUS
This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with Singaporean and international laws applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action will be enforced in accordance with Singapore law.
3DX PRIVACY POLICY
We respect your privacy and want you to understand and be aware of what type of information we collect about you and what we do with that information. In order to help you understand how the information you provide 3DX will be used, the following Privacy Policy has been created. This Privacy Policy applies to all information we collect or receive from you. Please note that the 3DX Site may contain links to other websites and occasionally other websites may be co-branded with the 3DX name. Websites that are linked to 3DX or carry 3DX brand may have privacy policies that differ from that of 3DX.
INFORMATION WE COLLECT
Registration Information. You are not required to register or give us any personal information about yourself in order to visit the Site and to view certain content made generally available. However, we may offer you the opportunity to register with us for 3DX Festival ticket purchase or to sign up for our mailing list. If you choose to register and purchase tickets, you are asked to give us your name, address, email and credit card transaction information as well as create a log-in and password. After your transaction is completed, we release your credit card information and do not retain a copy. At that time, you may also be asked to provide us with additional information, such as your age, occupation, gender, and other personal information about yourself in order to receive additional information about our services.
Mailing Lists. In order to keep you informed about our services, we may send e-mails and announcements that are needed for the administration of our Websites and services. We also give our users the option of joining our mailing list to receive additional information about our services. You can always change your options by emailing unsubscribe@3DXfestival.com. Each marketing e-mail from 3DX will include instructions for how to unsubscribe from our mailing list.
Automatic Collection of Data. You may be able to visit our Website and use certain of our services while remaining anonymous. However, whether you have registered with us or not, 3DX may still collect certain non-personally identifiable information about your use of our services. For example, 3DX might collect information concerning the type of Internet browser you are using, the type of computer operating system you are using, your IP address, your connection speed, the domain name of your Internet service provider, the geographic location from which you are accessing our service and/or the Website or advertisement from which you linked to the 3DX Website.
Once you have registered with us, we may also track and collect information about you, including your transactions with us, our affiliates, or others, and your site usage patterns, such as the pages on the Website you have visited, searches you have conducted and the amount of time you have spent on our Site. If you contact us, we may keep a record of your correspondence.
Cookies. When you visit our Website or click through hyperlinks appearing thereon, or use one or more of our services, we may use an industry-wide technology called "cookies" which stores certain information on your computer and which will allow us to customize your experience to better match your interests and preferences or simply facilitate your signing-in to use the services. Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. The 3DX service works in conjunction with your third party supplied media player (see minimum specifications), which, among other things, protects against unauthorized use, including copying, of the downloaded digital files that you obtain limited rights to use. The security on the media player software may need to be upgraded by the third party suppliers, which currently include, but may not be limited to, Microsoft, Macromedia and Real Networks. Your media player will connect to an Internet site operated by those third party suppliers, and will be sent a security file, along with a unique identifier, which does not contain any personal information about you. The third party supplier's use of this information is subject to such third party supplier's privacy policies which can be accessed from its website.
WHAT WE DO WITH YOUR INFORMATION
In general, 3DX may use non-personally identifiable information about you to improve and enhance the services we provide. 3DX may share this information with the suppliers of content on the service, affiliates and other entities, in non-personal form to show general demographic and preference information among users of the services or for other purposes. This information may include usage and demographic data, but it will not include personal information (such as your email address). If you provide 3DX with personally identifiable information, we will take reasonable and appropriate steps to protect this information. Except as otherwise described in this Privacy Policy, 3DX will not disclose, share, sell or rent personally identifiable information collected on our Website to any third party without your prior consent. If you access our services using a co-branded version of our Website that contains messaging that information will be shared with that affiliate whose company name is displayed on the co-branded site, any personal or non-personal information collected may be shared with that affiliate. Any use of such information by 3DX will be subject to this Privacy Policy and any use of such information by the affiliate will be subject to this Privacy Policy and the affiliate's privacy policy. We do not share your credit card account information with Affiliate Sites or any other third parties, other than order processing and credit card clearance service providers as described below.
SECURITY
We use reasonable security methods to protect the data that resides on our servers. However, because no security system is impenetrable, we cannot guarantee the security of our servers. It is also possible that information you supply to us will be intercepted during transmission. Whenever you give 3DX sensitive information (e.g., credit card numbers), 3DX will take commercially reasonable steps to protect such information by establishing a secure connection with your Web browser. 3DX employs an industry standard technology known as a secure-socket-layer ("SSL") to protect the transmission of payment information to the Website. You can check the security of your connection by looking at the address in your browser window. After you have accessed a secure server protected by SSL, the first characters of the address will change from "http" to "https." 3DX Privacy Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond 3DX'S control, and is not to be applied in any manner contrary to applicable law or governmental regulation. |