Singha North America, Inc. Terms & Conditions
1. Agreement to Terms: By entering this website (the “Website”), you acknowledge and agree to the following Terms and Conditions. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT USE THIS WEBSITE. These terms and conditions are applicable to all pages of the Website, unless explicitly stated otherwise on any particular page.
2. No Entry for Underage Persons: You must be 21 years of age or older to use this Website.
3. The SINGHA Name, Logos and Trademarks Belong to SINGHA NORTH AMERICA, Inc. (“SINGHA NORTH AMERICA”) or its affiliated companies: By entering this Website you acknowledge and agree that any name, logo, trademark or service mark contained on this Website is owned or licensed by SINGHA NORTH AMERICA and may not be used by you without SINGHA NORTH AMERICA’s prior written approval. SINGHA NORTH AMERICA will enforce its intellectual property rights to the full extent of the law. Audio, graphics, charts, text, video, information, or images of places or people contained on the Website are either the property of SINGHA NORTH AMERICA or used on this Website with permission. Your use of any of these materials is prohibited unless specifically provided for on the Website. Any unauthorized use of these materials may subject you to penalties or liability for damages including, without limitation, those related to violation of trademarks, copyrights, privacy and publicity rights.
4. Copyrights Belong to SINGHA NORTH AMERICA: SINGHA NORTH AMERICA is the copyright owner of this Website and no portion of this Website including, without limitation, the text, images, audio or video, may be used in any manner, or for any purpose, without SINGHA NORTH AMERICA’s express prior written permission, except as otherwise explicitly stated herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this Website for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Any modification, re-posting or use of the material on this Website for any other purpose violates SINGHA NORTH AMERICA’s legal rights.
7. Shopping: This Website may offer shopping services by us or by a firm that operates a store under contract with us. If our Website offers shopping or other commercial services, you will be asked to use a customer order form to request information, products or services. The order form will request contact information (such as name and email address), financial information (such as account and/or credit card numbers) and demographic information (such as zip code and age). The financial information that you provide will be used to bill you for those products and services you have requested. By giving our Website your credit card and related personal information, you are authorizing our store, or the firm operating the store under contract with us, to give that information to the merchant and credit card company in order to confirm and fulfill your order. We will not otherwise use or distribute your financial information without your prior approval. We will also use the contact information provided on the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary.
8. Unlawful Behavior: You are prohibited from posting on this Website, or otherwise transmitting to or from this Website, any pornographic, obscene, profane, defamatory, libelous, threatening, harassing, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol or otherwise violate any law or regulation. Notwithstanding that SINGHA NORTH AMERICA or other parties are involved in creating, producing or delivering this Website and may, from time to time, monitor or review transmissions, postings or discussions, SINGHA NORTH AMERICA and all parties involved in creating, producing or delivering this Website assume no responsibility or liability for claims or damages which may arise from the content thereof including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
9. No Warranty on Content, Information or Materials: Although the specifications, features, illustrations, text, images, audio, video, content and other information and materials contained in the Website are based upon up-to-date information, and while SINGHA NORTH AMERICA makes all reasonable efforts to ensure that all content, information and materials on this Website are correct, accuracy cannot be guaranteed and SINGHA NORTH AMERICA makes no warranties or representations of any kind as to its accuracy.
10. Entry at Your Own Risk; Disclaimer: ANY USE AND/OR BROWSING OF THIS WEBSITE IS PERFORMED AT YOUR OWN RISK. THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND FUNCTIONS MADE AVAILABLE ON OR THROUGH THIS WEBSITE) IS PROVIDED TO YOU “AS IS” WITHOUT FURTHER REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITH REGARD TO THE CONTENTS OF THIS WEBSITE, SINGHA NORTH AMERICA EXPLICITLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER: (A) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR MADE AVAILABLE THROUGH THIS WEBSITE; OR (B) THAT THE SERVER THAT MAKES THIS WEBSITE AVAILABLE IS FREE OF VIRUSES, BUGS OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT, NETWORK CONNECTIONS OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THIS WEBSITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SINGHA NORTH AMERICA’S NEGLIGENCE, WILL SINGHA NORTH AMERICA OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, HOSTING OR DELIVERING THIS WEBSITE, BE LIABLE FOR: (A) ANY LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES, EXPERT FEES OR OTHER DISBURSEMENTS); OR (B) ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OF ANY OTHER KIND OR NATURE; WHETHER ARISING OUT OF OR THROUGH YOUR ACCESS TO, THE USE OF OR BROWSING OF THIS WEBSITE, OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, TEXT, DATA, IMAGES, VIDEO, AUDIO OR ANY OTHER MATERIALS FROM THIS WEBSITE INCLUDING, WITHOUT LIMITATION, ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION, FAILURE OR MALFUNCTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE OR SOFTWARE PROGRAMS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, OR OTHERWISE, EVEN IF SINGHA NORTH AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT PERMIT THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SINGHA NORTH AMERICA FURTHER ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL SINGHA NORTH AMERICA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE WEBSITE.
11. Indemnification: You agree to indemnify, defend and hold SINGHA NORTH AMERICA and each of its agents, directors, employees, information providers, licensors and licensees, officers, parents and subsidiaries (collectively “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms & Conditions. You will cooperate as fully as reasonably required in SINGHA NORTH AMERICA’s defense of any such claim. SINGHA NORTH AMERICA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In no event shall you settle any such matter without the express prior written consent of SINGHA NORTH AMERICA.
12. Hyperlinks: Although this Website may be linked to other Websites on the Internet, SINGHA NORTH AMERICA provides such links solely for your convenience, and is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, responsibility or affiliation with the linked Website or any content, information or other materials contained therein, unless specifically stated. SINGHA NORTH AMERICA disclaims any and all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content, information or other materials contained on any other Website. By entering this Website you acknowledge and agree that SINGHA NORTH AMERICA has not reviewed all Websites linked to this Website and is not responsible for the content of any off-Website pages or any other website linked to this Website. Your linking to or viewing of any off-Website pages or other websites is at your own risk. You must obtain SINGHA NORTH AMERICA’s prior written permission to link this Website to your website or to any other website. SINGHA NORTH AMERICA will only authorize links to websites when a substantial majority of the actual audience of such website is 21 years or age or older.
13. Termination of Usage: SINGHA NORTH AMERICA may terminate or suspend your access to all or part of this Website, without notice, for any conduct that SINGHA NORTH AMERICA, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of SINGHA NORTH AMERICA, another user, a third-party provider, merchant, sponsor or service provider.
14. Public Forums: This Website may make available chat rooms, forums, message boards, and news groups, and other similar forums. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. Any entries you make on this Website that are in conflict with our Terms & Conditions or in any other way not according to standards of what the public may expect on the Website will be removed at SINGHA NORTH AMERICA’s sole discretion. It should be noted however that we cannot guard every part of the Website at all times, and that we assume no responsibility or liability which may arise from the content of any message or other information posted by any third party on the Website.
15. Revision of Terms & Conditions/Website Content: SINGHA NORTH AMERICA reserves the right to revise these Terms & Conditions at any time, for any reason and without notice or obligation, by updating this page and such revisions shall become effective immediately upon posting. SINGHA NORTH AMERICA further reserves the right to make changes at any time, for any reason and without notice or obligation, to any of the content contained on this Website. By entering this Website you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Website to review these Terms & Conditions.
16. Applicable Law: By entering this Website you acknowledge and agree that this Website is construed in accordance with and governed by the laws of the State of California, USA. If you use this Website from another location, you are responsible for compliance with any and all applicable local laws. SINGHA NORTH AMERICA makes no representation that the content contained within this Website is appropriate for countries outside the United States. Any and all information contained in this Website including, without limitation, information regarding products and services, applies only to those products and services offered in the United States. You agree that any litigation between you and SINGHA NORTH AMERICA arising from or pertaining to the use of this Website, any advertising associated with this Website, or any link accessible from or providing access to this Website or otherwise shall be governed by California law and that exclusive jurisdiction resides in the courts of the City and County of San Francisco, in the State of California, USA.
Copyright © SINGHA NORTH AMERICA, INC. 2014. All rights reserved. All copyright and other intellectual property rights in all text, images, video, sound, software and other materials on this Website are owned by SINGHA NORTH AMERICA, Inc. and affiliated companies or are included with permission of the relevant owner.