This site (SingaporeCalendarGuys.com) is operated by the Singapore Calendar Guys® ("SCG"). This site is intended for your personal information, education and communication. Please feel free to browse the Site; however, your access and use of the Site is subject to the following terms of service ("Terms of Service") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service. If you do not agree with all of the following Terms of Service, please do not use this Site.The Singapore Calendar Guys® reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review these Terms of Service periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of these Terms of Service.
1.1 In this User Agreement, the following terms have the following meanings:
"Affiliates" means persons, companies, or organizations, who have commercial or business connections with Singapore Calendar Guys Limited;
"Agreement" means this agreement between Singapore Calendar Guys Limited and you;
"Content" means all Content and material included on our Site, including, but not limited to text, graphics, logos, button icons, news articles, photographs, images, audio clips, digital downloads, data compilations, and software
"Singapore Calendar Guys®" means any trade marks belonging to
"Member" means any registered User of our Site;
"Our Site" SingaporeCalendarGuys.com
"Products" means any goods, products, merchandise and/or any other commodities made available for purchase on our Site;
"Services" means any services provided by our Site, including but not limited to discussions,comments,reviews, email, favorites, e-cards, and sale of any Productss;
"User" means any person who accesses or logs on to our Site
"We", "us" or "our" means Singapore Calendar Guys, a private company incorporated in Singapore, its holding company, subsidiary companies, licensees and assignees
"Your Content" means all reviews, discussion,comments, e-cards and other communications, suggestions, ideas, comments, questions, or other information posted by the User.
2.1 Welcome to Singapore Calendar Guys. Our Affiliates and we value you as our Member and User. Please read this Agreement carefully before you use our Site.
2.2 By using our Site, you agree to have accepted and be bound by the terms and conditions of this Agreement as the same may be modified from time to time at our absolute discretion .
2.3 If you do not agree to all or any of the terms and conditions of this Agreement, you will not have any right to use our Site. We reserve the right to terminate your membership at any time if you breach any of these terms and conditions.
2.4 In addition, when you use any of our current or future Services (e.g., reviews, comments, favorites, and e-cards) or visit or purchase any Products from any of our Affiliates, whether or not included in our Site, you agree to the guidelines and conditions applicable to such service or business.
2.5 Singapore Calendar Guys is owned and operated by Singapore Calendar Guys®.
2.6 We are a pioneering lifestyle experience dedicated to serving the needs of the male modelling community (which does not discriminate sexual orietation) in the Asia Pacific and beyond.
3. Age & Membership
3.1 By registering with us, you warrant that you are a natural person and that you are at least 18 years of age and it is not considered illegal or prohibited in your relevant jurisdiction to access our Site. You agree to ensure that your registration details, including the date of your birth, are true and accurate at all time. Specifically, you must notify us of any change to the registration details as originally supplied.
3.2 You also undertake that you will not permit any person(s) under 18 years of age (or the age of consent in the relevant jurisdiction) to access the web site; and especially if such access if considered illegal or prohibited in the relevant jurisdiction.
3.3 Any false information provided by you at the registration shall constitute a breach of this Agreement and will result in the immediate termination of your account and/or permanent barring of future membership.
3.4 You represent and warrant to us and/or our Affiliates that you are of legal contractual age in your jurisdiction and in our Affiliates' jurisdiction to purchase any Products and/or use any Services offered by us and/or our Affiliates.
3.5 You must ensure that your access to our Site is not illegal or prohibited by the laws which apply to you.
4.1 Subject to the terms and conditions of this Agreement, we will use reasonable efforts to provide the Services that you have selected.
4.2 You represent that the Services selected by you are solely for your own use and not for the use or benefit for any third party. You agree to use our information and Services for lawful purposes only. You must take your own precautions to ensure that the process which you employ for accessing our Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
4.3 For the avoidance of doubt, we do not accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of our Site or any linked web site. Whilst we have no reason to believe that any information contained on our Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep our Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on our Site.
4.4 Responsibility for the content of advertisements appearing on our Site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representation made in connection with its advertisement.
4.5 We make no warranty that the goods acquired from us over our Site will meet your particular requirements.
4.6 You shall not use another Member's or User's identity or information with the intent to impersonate him/her .
4.7 We may change, suspend or discontinue all or any part of our Services at any time, including the availability of any feature, database or Content. We may also impose limits on certain features and Services or restrict your access to all or any part of our Services without notice or liability.
4.8 We, at our sole discretion, reserve the right to modify this Agreement at any time and inform you of the modification by posting a notice on our Site.
4.9 You shall be responsible for reviewing and becoming familiar with any such modifications.
4.10 Our Affiliates or we do not and are not obliged to provide or maintain any equipment or ancillary services needed by you to connect to, access or otherwise use the Services.
5. Copyright & Restriction on Use Of Materials
5.1 All materials contained in any SCG Site are the copyrighted property of the Singapore Calendar Guys® or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Singapore Calendar Guys® or its affiliates. No material from any SCG Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any SCG Site.
5.2 For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us. In the event you download software from any SCG Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
5.3 Our terms of service herein should be read and interpreted in conjunction with our strong support for the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License which we uphold for the sake and career viability of our artists, including but not limited to graphic designers, photographers and models herein; and our firm committment to the Digital Millenium Copyright Act.
6.1 THE MATERIALS IN THIS SCG SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY SCG SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SCG SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY SCG SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6.2 We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any SCG Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any SCG Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
7.1 Our graphics, logos, page headers, button icons, scripts, and service names are our intellectual property. Singapore Calendar Guys® Marks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among members of the public, including but not limited to other Users and our business partners, or in any manner that disparages or discredits any of the aforementioned parties in any way.
7.2 All other trademarks that do not belong to us that appear on our Site are the property of third parties, who may or may not be affiliated with, connected to, or sponsored by us, and you shall be obliged to observe the rights of such parties
8. Subscription Account & Billing
8.1. Some services offered on SCG Sites are subscription-based services, such as SingaporeCalendarGuys.com, operated by SCG or other third-parties. If you open a subscription- based account with any of our sites, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers.
8.2. We reserve the right to terminate any account at any time for any reason. Customer agrees that subscription will terminate immediately upon notice from the direct cancellation of Customer's third-party payment from respective sites (including, Paypal, Stripe and other credit card methods).
8.3.Fees for the first billing cycle is not refundable, unless the account holder is not able to access the site and notifies SCG within 48 hours of creating the account.
8.2. For some subscription plans, your Subscription will be automatically renewed and your credit card account or bank account or telephone bill will be charged as per the terms of that site. Customer's right to use the Service is subject to any limits established by SCG or by Customer's credit card or bank issuer. If payment cannot be charged to Customer's credit card, bank account or Customer's charge is returned for any reason, including chargeback, SCG reserves the right to either suspend or terminate Customer's access and account.
8.4. If Customer has reason to believe that Customer's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer's ID, password, or any credit, debit or charge card number stored) notify SCG of the problem to avoid possible liability for any unauthorized charges to Customer's account.
8.5 You agree that you will not disclose your membership username and password to any individual or group. They are strictly for your use. Any violation of your password will result in the immediate cancellation of your membership.
8.6 For problems with account creation or access, please contact us. For issues regarding subscription termination, please read the termination clause below.
9. Posting of Your Content
9.1 You may post Your Content on our Site.
9.2 You agree not to send any of Your Content through your account, either directly or indirectly, that is illegal, obscene, pornographic, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties including messages which are deemed abusive, harassing, defamatory, hateful, racially, ethnically or otherwise objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or which we object to in our absolute discretion.
9.3 You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Your Content.
9.4 We reserve the right (but not the obligation) to remove or edit Your Content, at our absolute discretion but are not obliged to regularly review posted content, but that does not mean that we will remove any content we or you have posted if we deem applicable to the Site at your behest even if complaints have been posted.
9.5 You shall not post, transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from any Member or User.
9.6 You agree to abide by the rules and policies attached to this Agreement as " Schedule A " and any such changes made to this schedule by us from time to time.
10.1 You are entirely responsible for maintaining the confidentiality of your Account info and/or Password and for all activities that occur under your account.
10.2. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys'' fees'') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account.
10.3. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
11. Online Reviews and Comments
11.1 .This SCG Site may include reviews, comments and other areas where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively "Discussions"). SCG does not control the material delivered to Discussions, and SCG has no obligation to monitor such Discussions. The messages do not necessarily reflect the views of SCG.
11.2. In no event shall SCG assume or have any responsibility or liability for any materials posted on Discussions or for any claims, damages or losses resulting from their use and/or appearance on this Site. SCG reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Discussions) as necessary to satisfy any law, regulation or governmental request.
11.3. In addition, SCG reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in SCG's sole discretion are objectionable or in violation of these Terms of Service.
11.4 By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting SCG a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
11.5 The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.
12. Right to Peaceful Usage
12.1 You should be civil and respectful to other Members and Users
12.2 You shall not interfere with another Member's or User's right to his/her peaceful and quiet enjoyment of our Services.
12.3 You should not cause distress, embarrassment, unwanted attention or discomfort to other Members and Users.
12.4 You should not make personal attacks on another Member or User of any kind and in any manner, including without limitation, attacks based on his/her race national origin, ethnicity, religion, gender, sexual orientation, disability or other identification.
13. Grant of Rights to Your Content
13.1 If you post content or submit material, you are deemed to agree to grant us and our Affiliates an exclusive, royalty-free, perpetual, irrevocable right to, sub-license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any manner and in any form.
13.2 You irrevocably grant us and our Affiliates and sub-licensees the right to use the name that you submit in connection with Your Content.
13.3 You represent and warrant that you own or otherwise control all of the rights to Your Content; that Your Content is accurate; that use of Your Content does not violate any third party and will not cause injury to any person or any legal entity; and that you will indemnify us or our Affiliates for all loss, claims and damages resulting from Your Content.
13.4 We have the right but not the obligation to monitor and edit or remove all or any part of Your Content.
13.5 We take no responsibility and assume no liability for Your Content and any content posted by any third party.
13.6 We reserve the right to retain and archive all or any part of Your Content.
14. LIMITATION OF LIABILITY
14.1 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SCG SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY SCG SITE.
15. Termination relating to subscriptions
15.1 These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all SCG Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise.
15.2 Your access to any and all SCG Sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms.
15.3. Upon termination, you must cease use of the SCG Site and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
15.4. Terminations also apply to membership cancellations, which you are solely responsible to make directly from your respective payment modes (i.e. PayPal or Stripe) and memberships will cease immediately upon termination by either party.
15.5 Termination or cancellation of a member's subscription to Singapore Calendar Guys nullifies any existing offer or policy to to his or her account at any time.
15.6 We reserve the right to make changes to our Site, our policies, and the terms and conditions of this Agreement at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of such remaining terms and conditions
16.1 The failure of either party to exercise in any respect of any right provided for in this Agreement shall not be deemed a waiver of any further rights in this Agreement.
16.2 We shall not be liable for any failure to perform any obligation in this Agreement where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
17.1 This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent.
17.2 No agency, partnership, joint venture or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever.
18. Terms and Conditions relating to purchases
18.1 Terms and conditions relating to the purchase of Products and/or any particular Services carried on our Site will be separately listed by the relevant section(s). However, such terms and conditions shall be read in conjunction with the terms and conditions of this Agreement.
18.2 You may offer to purchase goods described on our Site for the price specified on our Site. Your order must contain your name, email address, credit card details and any other ordinary information specified on our Site in accurate detail.
18.3 Within 14 days of your order, we and/or our Affiliates will at our discretion accept or reject your offer to purchase. You may not cancel an order once it has been submitted, even if our acceptance/ rejection of your offer is still pending.
18.4 We and/or our Affiliates are not required to give reasons for rejecting your offer to purchase.
18.5 If we and/or our Affiliates reject your offer to purchase the goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
18.6 If we and/or our Affiliates have not responded to you within 14 days, your offer will be deemed to have been rejected. We and/or our Affiliates give no undertaking as to the availability of Products advertised on our Site.
18.7 Delivery of the goods to you will be effected to you in the manner described on our Site. Title in the goods pass to you only upon receipt of your payment for the same.
18.8 Risk of loss or damage to the goods passes to you upon dispatch.
18.9 Payment must be effected in the manner described in our Site. Unless otherwise stated, prices are exclusive of goods and services tax or VAT. In particular, the price is exclusive of taxes, duties and charges imposed or levied in Singapore or overseas in connection with the supply of goods. These must be added on to the price and paid in addition to the price.
18.10 The goods are offered for sale only to persons who can make legally binding contracts.
18.11 Our Affiliates and we attempt to be as accurate as possible with respect to the description of our Products and Services. However, we do not warrant that Product or Services descriptions or other related Content on our Site is accurate, complete, reliable, current, or error-free.
19. Return, Refund and Cancellation policies relating to purchases
19.1 You acknowledge that despite our reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and that your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
19.2 Save and except at our sole discretion, we do not offer any return, refund, exchange or cancellation policies.
We believe that our members should be able to discuss their view freely, fully and frankly and post such views or content on Singapore Calendar Guys. However, to ensure your enjoyment on Singapore Calendar Guys, we set out policies below regarding the content posted by you as reviews, comments and email.
Do not post any messages which is deemed by us to be:
- Obscene including explicit or vulgar languages
- Invasive of Privacy
- Infringing of Intellectual Property Rights
- Injurious to third parties
- Discriminatory based on Race, National Origin, Ethnicity, Religion, Gender, Sexual Orientation, Disability or other identification
- Do not post any message which may include a private voice phone, page number, fax number, a street address on the Singapore Calendar Guys Discussions. You may wish to exchange such information privately but not publicly as it may attract unwarranted attention.
- Do not solicit or post any solicitation for sex.
- Do not post any classifieds or commercials.
- Do not duplicate your message more than once per board.
- Do not post the contents of a private email sent to you by a third party without the permission of that third Party.
- Do not post graphics which contain extremely large files or files which contain nude or pornographic images
- Do not post any hyperlinks which direct our users to sites that infringes on our policies set out in rule 1 above.
- Do not spam, spamming means posting the same message in a given folder many times and/or the same message in multiple folders.
- We reserve the right to remove any content/message or any part of such content/message which violate the above policies
21. Governing Law
21.1 The governing law of this Agreement will be the laws of Singapore and both parties agree to submit to the non-exclusive jurisdiction of the courts of Singapore and such courts that may hear appeals from those courts.
21.2 Both parties agree that this Agreement is the complete and exclusive statement of mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement
22.1 Any dispute relating in any way to your visit to our Site or to Products and/or Services you purchase through us may be submitted to arbitration in Singapore, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in Singapore or such other appropriate jurisdiction and you consent irrevocably to submit to such jurisdiction as we may choose in our absolute discretion.
22.2 The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable laws, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.