InformAsia Terms of Service

1. Acceptance of Terms of Service

The InformAsia Network is provided free of charge to you (unless otherwise indicated). The "InformAsia Network" is defined as all English language United States based web sites, web pages and channels owned controlled and/or operated by InformAsia, and all content contained therein, where these Terms of Service are posted. These Terms of Service, together with any applicable additional Terms of Service posted in connection with a particular service, product, digital product, event or course govern your use of the InformAsia Network and all services, products, digital products events and courses provided in connection with the InformAsia Network, including but not limited to any course, service, product, digital product, events or personal website provided to you by InformAsia. InformAsia shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not enter or use the InformAsia Network. The Terms of Service for your continued use of the InformAsia Network will be available throughout the InformAsia Network. Please check these areas before using the InformAsia Network to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please discontinue your use of the InformAsia Network. Your continued use of the InformAsia Network will signify your acceptance of any change in the terms and conditions set forth herein. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the InformAsia Network, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.

From time to time InformAsia may supplement these Terms of Service with additional terms pertaining to specific content, services, products. digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the InformAsia Network to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.

2. Termination

InformAsia reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access the InformAsia Network and/or any other service, specific content, digital products, products, courses or events, provided to you by InformAsia, including any personal web site, upon any breach by you of these Terms of Service or otherwise.

3. Modifications of these Terms of Service

InformAsia may modify these Terms of Service from time to time in its sole discretion. Each time you log on to the InformAsia Network, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right (at InformAsia's discretion) to provide you notice of such changes to any e-mail address you have provided to InformAsia, or post office address you have provided to InformAsia.

4. Modifications of the InformAsia Network

InformAsia may modify or discontinue the InformAsia Network, or any portion thereof or any services, digital products, products, events or courses related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.

5. Content

The InformAsia Network is a one-stop portal to Asia with comprehensive listing of resources throughout the region. The InformAsia Network is to be used by you for your personal use only. Commercial uses of the InformAsia Network are strictly prohibited unless prior written consent from InformAsia has been granted. You agree that you will not use the InformAsia Network for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.

You further agree not to use the InformAsia Network to send or post on any place on the InformAsia Network, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the InformAsia Network. InformAsia reserves the right to delete any such material from the InformAsia Network. InformAsia will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 5.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of InformAsia. You further agree not to use an inappropriate member name of any kind.

You agree not to post or use the InformAsia Network to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) InformAsia permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the InformAsia Network, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the InformAsia Network is not protected by Rights rests with you. You acknowledge that InformAsia may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content to any area of the InformAsia Network, you grant InformAsia a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the InformAsia Network retains any and all Rights that may exist in such content.

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY AREA ON THE INFORMASIA NETWORK, YOU HEREBY EXPRESSLY PERMIT INFORMASIA TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY INFORMASIA'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

6. Third Party Services

You may order services or merchandise through the InformAsia Network from other persons not affiliated with InformAsia ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. InformAsia makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider InformAsia nor will InformAsia be construed as a party to such transactions, whether or not InformAsia may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

InformAsia may include special routing icons which may be located within the InformAsia Network, the activation of which will allow you to access and learn more about InformAsia and other services provided by InformAsia swhereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

7. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the InformAsia Network infringe your copyright, you (or your agent) may send InformAsia a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow InformAsia to locate the material on the InformAsia Network; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send InformAsia a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Business and Legal Affairs, Asia Economic Institute, P.O. Box 3663, Santa Monica, CA 90408, DMCANotice@informasia.info. InformAsia suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

8. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE INFORMASIA NETWORK, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE INFORMASIA NETWORK, IS AT YOUR SOLE RISK. THE INFORMASIA NETWORK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INFORMASIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

INFORMASIAMAKES NO WARRANTY THAT THE INFORMASIA NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE INFORMASIA NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES INFORMASIA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFORMASIA NETWORK. INFORMASIA WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE INFORMASIA NETWORK. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE INFORMASIA NETWORK IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND AND AGREE THAT INFORMASIA DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE INFORMASIA NETWORK. INFORMASIA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER INFORMASIA NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE INFORMASIA NETWORK, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. INFORMASIA ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

INFORMASIA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE INFORMASIA NETWORK, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE INFORMASIA NETWORK IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INFORMASIA OR THROUGH THE INFORMASIA NETWORK, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

INFORMASIA MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE INFORMASIA NETWORK OR ANY TRANSACTIONS ENTERED INTO THROUGH THE INFORMASIA NETWORK.

INFORMASIA IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE INFORMASIA NETWORK. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH INFORMASIA MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST INFORMASIA WITH RESPECT TO SUCH SITES.

BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, INFORMASIA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. INFORMASIA SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE INFORMASIA NETWORK, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY INFORMASIA AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE INFORMASIA NETWORK, YOU WAIVE ANY CLAIMS AGAINST INFORMASIA FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.

9. Limitation of Liability

INFORMASIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE INFORMASIA NETWORK OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE INFORMASIA NETWORK OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF INFORMASIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. E-Mail Message Storage

InformAsia assumes no responsibility for the deletion of or failure to store e-mail messages.

11. Promotional Messages

InformAsia and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. InformAsia makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither InformAsia nor such third party shall have any liability with respect thereto.

12. Indemnification

You agree to indemnify and hold each of InformAsia, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the InformAsia Network, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

13. Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of the country, and the country's particular territory or region, chosen by InformAsia that InformAsia deems most appropriate. By registering for or entering the InformAsia Network, you consent and submit to the exclusive jurisdiction and venue that InformAsia deems most appropriate.

14. Remedies for Breach of these Terms by You

In the event that InformAsia determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the InformAsia Network, InformAsia reserves the right to (i) warn you via email (to any email address you have provided to InformAsia) that you have violated these Terms of Service; (ii) delete any or all content provided by you or your agent(s) to The InformAsia Network; (iii) discontinue your registration(s) with the InformAsia Network and/or any other InformAsia community; (iv) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the InformAsia Network; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which InformAsia deems to be appropriate.

If your registration(s) with or ability to access the InformAsia Network, any other InformAsia community and/or any other service, product, content, course, event, tool or digital product provided to you by InformAsia is discontinued by InformAsia due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the InformAsia Network, then you agree that you shall not attempt to re-register with or access the InformAsia Network, any other InformAsia community and/or any other digital product, course content or service provided by InformAsia, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, InformAsia reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.

15. Miscellaneous

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

InformAsia may assign its rights and obligations under these Terms of Service and upon such assignment InformAsia may be relieved of any further obligation hereunder. You represent to InformAsia that you have the authority to visit the InformAsia Network according to these Terms of Service. InformAsia does not encourage, solicit, or permit visitors who are known to be under the age of 13 to visit the InformAsia Network.

These Terms of Service and any Additional Terms (as such terms shall be identified when posted on the InformAsia Network by InformAsia) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of InformAsia, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

InformAsia reserves the right to terminate free access to the InformAsia Network including any or all content, services, digital products, products, events, courses or tools with or without notice to you. InformAsia reserves the right (at InformAsia's discretion) to provide you with notice of such change by prominently posting a notice on the InformAsia Network. Once free access is terminated InformAsia may charge any applicable fee, surcharge and/or membership fee for access to the InformAsia Network and/or any for-pay content, services, digital products, products, events, tools or products.