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THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR ACCESS
TO www.instant-digital.com (“WEBSITE”) AND USE OF THE SERVICES OFFERED
THEREIN. INSTANT DIGITAL SERVICES AND HEREIN REFERRED TO AS “WE”, “US” OR
“IDS”. BY ACCESSING ANY PAGE OF THE
WEBSITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS WITHOUT LIMITATION OR QUALIFICATION. IF YOU
DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR
ACCESS TO THE WEBSITE AND/OR USE OF THE SERVICES
 AGE REQUIREMENTS
IDS does not permit children under the
age of 13 to become registered members of our sites, without verifiable
parental consent.
LICENSE
By uploading photographs and any other images ("Photographs") on to
the Website, you grant to IDS, its affiliates and any third party selling
products and services on the Website a limited, royalty-free, non-exclusive,
worldwide license to use, adapt, copy and display the Photographs within the
secure location set up for you on the Website.
NO OBSCENE OR INFRINGING MATERIAL
You may not upload on to the Website any Photographs or any other materials
which (a) contain material that is unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent, including
without limitation any transmissions that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law; or (b)
violate or infringe upon the rights of others, including privacy, moral or
publicity rights, copyright, trademark or other proprietary rights without
first obtaining permission from the owner or right holder.
You understand that IDS has no obligation to monitor your Photographs stored
in your photo album on the Website. However, IDS reserves the right at all
times to review the Photographs, disclose the Photographs as necessary to
satisfy any law, regulation or governmental request, refuse to post or
transmit the Photographs, and remove any Photographs that in IDS’s sole
discretion are objectionable or in violation of this Agreement.
ABOUT YOUR ACCOUNT
There is no fee for opening an account with us though you may take advantage
of our promotions from time to time on prepaid services to enjoy substantial
savings. Access to your account with
instant-digital.com is available for your personal and non-commercial use.
You can choose to allow other people to view selected images.
Printing charges payable to IDS can be paid by credit card
through the Website or in cash at the outlets when you pick up your prints.
Each print order is subject to a handling charge of S$3.00 (or such other
amount to be determined by IDS from time to time). IDS reserves the right to
subsequently charge a fee for the storage of your photographs at the Website
and/or change the above storage limits in the future by giving you reasonable
notice.
CANCELLATION OF INACTIVE ACCOUNTS
Instant Digital Services reserves the right to cancel the service or
discontinue accounts which have been inactive for more than one year. We may
do so at our discretion after sending an email warning to the e-address you
used when you set up the account. If you do not respond to the email within
10 days, your account may be removed.
UPLOADING OF PHOTOGRAPHS
Presently, you may choose to upload your Photographs to your photo album on the
Website through the Internet or at our retail shop currently at 60 Robinson
Road, #01-00, OUB Building, Singapore 068892. IDS may, from time to time,
offer other methods to upload Photographs. You agree and undertake to be
bound by and to comply with any and all conditions that IDS may additionally
impose in respect of any new uploading method.
STORAGE OF PHOTOGRAPHS
Upon acceptance of your user registration form, you will be allocated ten
(10) megabyte (MB) (or such other amount to be determined by IDS from time to
time) of storage space for your digital photo album on the Website. Once you
have reached the specified storage limit for your digital photo album, IDS’s
systems will not permit any further uploading of Photographs. IDS may, at its
sole discretion and without further notice or liability to you, remove the
same from your photo album(s) in the event the photos have been in the album
for more than 2 months.
CONFIDENTIALITY OF PASSWORD
Any access codes or passwords ("User Codes") IDS supplies as part
of the service at the Website are for your personal use, and you are
responsible for their confidentiality. All statements made and acts or
omissions that occur while the User Codes are being used shall be deemed to
have originated conclusively from you and you shall be responsible for the
same and/or any misuse thereof. You agree to notify IDS immediately in the
event of the loss or theft of the User Codes or if the confidentiality of the
User Codes has been compromised in any manner.
LINKS
IDS will be providing links and pointers to other websites maintained by
third parties. IDS does not operate or control in any respect, and is not
liable for, any information, products or services on these third-party
websites. The materials on the Website and the third-party websites are
provided "as is where is" and without warranties of any kind either
express or implied.
AUCTION RULES
Auctions are only opened for members. All sellers and buyers must register as
members of instant-digital.com. Auctions may last from 1 to 14 days from the
placement of the listing, as specified by the Seller. Auctions are
automatically closed at the end of that period. The Seller and Highest Bidder
are then automatically notified by email. The email and addresses will be supplied
to both parties. Buyers and Sellers should try to contact each other within 3
working days from the end of the auction. Buyers run the risk of losing their
place as the Highest Bidder if they do not respond within this time period.
During the auction, a complete bidding history is available on the item’s
description pate. If you are outbid during the auction, you will
automatically receive an email notification. This notification will include
the description of the item and the URL address to visit if you wish to
re-bid.
Individuals who
bid on an item and then back out of the purchase for reasons other than
legitimate concerns may be barred from future use of the system, at our sole
discretion.
By placing an
item on auction, you signify your intention and ability to sell that item.
Although no one can force you to sell your belongings at the final auction
price, not doing so may be legally actionable by the high bidder.
Sellers are not
allowed to terminate auctions before their time unless sufficient valid
reasons are given. Reasons such as change of mind, sold item off already etc
are NOT valid reasons. Requests to remove items for such reasons will not be
entertained. Therefore it is of utmost importance that Sellers are sure that
the items put up for auction are there for the purpose of the auction. If
Sellers are unsure, do not put it up for auction! Furthermore, removal of
items are also subject to the fact that no bids have already been placed on
the item. It is the responsibility of the Seller to inform the high bidder,
AFTER the auction, that he has changed his intention of selling that item and
he will bear full responsibility of such a change.
You may place
any merchandise that you have the right to sell up for auction. If we don't
think your item is appropriate for any reason, we reserve the right to move
the item from one category to another or to end the auction.
Sellers are held
to a slightly higher standard than bidders, with regards to handling
complaints made by potential buyers. If a seller receives three or more
legitimate complaints, the seller may be barred from using this service, at
our sole discretion.
In addition,
sellers who submit illicit, illegal or pornographic items may be barred from
future use of the system, at our sole discretion.
Sellers are prohibited from manipulating the price
of any item they are selling, either by use of a shill(a secondary account or
third party) or by bidding themselves. Sellers who shill bid on items may be
barred from future use of the system, at our sole discretion.
DISCLAIMER
IDS makes no warranty (a) that the Website will meet your requirements, or
that it will be uninterrupted, timely, secure, error free or free from any
virus or other malicious, destructive or corruptive code, programs or macros;
(b) of the accuracy, adequacy, reliability, timeliness, completeness or
integrity of the Website; or (c) that defects in the Website will be
corrected. The Website is provided on an "as is where is" and
"as available" basis. You expressly agree that use of the Website
is at your own risk and you shall be solely responsible for any and all loss
or damage that may result from the use thereof.
To the fullest extent permissible pursuant to applicable law, IDS disclaims
all warranties, express or implied, including, but not limited to, implied
warranties of satisfactory quality, merchantability and fitness for a
particular purpose.
In
the auction centre, IDS cannot take responsibility for the quality of the items
presented herein. IDS disclaims any
warranties expressed or implied on goods or services listed on the auction
centre.
IDS DISCLAIMS ALL OTHER WARRANTIES OR
CONDITIONS, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE.
In the Auction
Centre, Sellers assume all risk and
liability arising from their offer for sale of any item.
You agree to
indemnify and hold IDS harmless with regard to loss or damage experienced
through use of this system.
The auction of
illegal items, including all counterfeit goods, are expressly prohibited. IDS
will terminate the auction of any such items upon notification by the
legitimate trademark or copyright holder and the Seller of such items may be
subject to suspension.
IDS will not
remove or edit listings once they are entered into the service, except on
request from the Seller of that item, and only if for legitimate reasons and
no one else has bidded on that item at the time of removal or edition. IDS
reserves the right to move listings from one category to another or to end
auctions as appropriate, at its sole discretion.
IDS cannot
guarantee preservation of records, and may expire information without notice,
at its sole discretion.
IDS does not
assume responsibility for the content or the context of the public display
areas such as the feedback forums and classified ads.
IDS will not
remove or edit postings to the public display areas such as the feedback
forums or classified ads once they are entered into the service, except to
expire records or remove any illegal postings, at its sole discretion.
IDS reserves the
right to refuse service to anyone at any time.
Users must be of
legal age with the ability to enter into binding contracts.
IDS does not assume responsibility for the
content or the context of the listings.
Users who use
unethical or unprofessional practices when conducting themselves or
presenting items may be barred from further use of the service.
Users agree to
refrain from "spamming" (sending unsolicited commercial e-mail or
otherwise to other users).
IDS cannot
guarantee that we will notice or prevent any inappropriate use of the system.
IDS cannot guarantee that we will notice or
prevent users from registering with false demographic information.
In the auction
centre, IDS CANNOT AND DOES NOT guarantee that sellers will complete the sale
of an item, or that buyers will go through with the purchase of an item; all
risk is taken by the individual buyers and sellers. This includes but is not
limited to risks associated with dealing with foreign nationals, underage
persons, or persons acting under false pretense.
Payment terms
are to be agreed upon between seller and buyer. IDS is NOT involved in the
transaction.
IDS is not
responsible for damage or loss caused by errors in the system or the
Internet. The system may be unavailable unexpectedly as a result of errors or
circumstances beyond our control.
EXCLUSION AND LIMITATION OF LIABILITY
You agree that the transmission, uploading, and/or storage, of your
Photographs on the Website may be interfered with by numerous factors beyond
IDS’s control including Internet, telecommunications, computer or utilities
failure and that IDS shall not be liable to you for any loss or damage. You
further agree that under no circumstances, including but not limited to
negligence, shall IDS or its affiliates be liable for any indirect,
incidental, special or consequential damages that result from the use of, or
the inability to use the services offered at the Website. In the event that
IDS is found to be liable for any reason, you agree that IDS's liability for
any loss or damage incurred or suffered by you shall limited to providing you
with one free roll of film and waiver of processing charges, or one free
upload of a roll of film. The above limitation shall not apply to limit any
liability resulting in personal injury or death.
TERMINATION
This Agreement is effective until terminated by IDS or you. Upon termination
of this Agreement, IDS will remove your Photographs from the Website. IDS
will have no obligation to return to you the Photographs. The disclaimers and
limitations of liabilities set forth in this Agreement shall survive any such
termination.
DOWNTIME
IDS may schedule downtime in the Website for maintenance purposes and suspend
any service by posting a notice of such downtime on the Website or such other
manner as it deems fit. If there is any unscheduled down time in the Website
during which no user can access any service, IDS shall use all reasonable endeavours
to promptly restore the Website to its proper operating condition and notify
the users as soon as reasonably practicable after the Website is available
for use again. The foregoing states IDS’s entire liability for any loss
caused by downtime in the website.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless IDS, its officers,
directors, employees, agents, licensors, suppliers and any third-party
information providers to the service from and against all losses, expenses,
damages and costs, including reasonable attorney’s fee, resulting from any
violation of these terms or any activity related to your account (including
negligent or wrongful conduct) by you or any other person accessing the
service using your account.
GENERAL TERMS
IDS may at any time amend or modify this Agreement, and/or suspend or
discontinue any service offered at the Website (temporarily or otherwise)
with or without notice to you. Such amendments, modifications, suspension
and/or discontinuation will be effective immediately upon giving you notice
by any means including, but not limited to, posting on the Website. Use of
the Website after such notice will be deemed acceptance by you of such
amendments, modifications, suspension and/or discontinuation. If you choose
to access the Website by using a wireless telecommunication device, you shall
be deemed to have, prior to using any service offered on the Website, read,
understood and agreed to the terms hereof (as may be revised, modified or
amended from time to time).
The operation of the Website may be interfered with by numerous factors
outside of IDS’s control. IDS shall not be liable for any delay or default in
IDS’s operation of the Website caused by circumstances beyond its control
including but not restricted to acts of God, acts of the public, enemy,
decrees or restraints by governmental authorities, internet,
telecommunication, computer or utilities failure (including failures caused
by (a) acts which impose unreasonably or disproportionately large loads on infrastructure
or facilities such as “flooding”, “mail bombing” or “crashing” of the
Website; or (b) any virus, time bombs or other computer programming routines
that may damage, detrimentally interfere with, intercept or expropriate any
system, data or personal information), strikes, war, riots, insurrections,
civil commotion and other causes of such nature. In any such event, IDS shall
for the duration of such event be relieved of any such obligation under this
Agreement as is affected by the said event.
No other person who is not a registered user of the Website shall have any
rights under the Contracts (Rights of Third Parties) Act 2001 (Cap.39 of
2001) to enforce any of the terms hereof.
You and IDS are independent contractors, and no agency, partnership, joint
venture, or employee-employer relationship is intended or created hereunder.
You agree not to assign your rights hereunder without IDS’s prior written
consent.
If any provision of this Agreement is deemed unlawful, void or unenforceable
for any reason, then that provision shall be deemed severable from this
Agreement, and shall not affect the validity and enforceability of the
remaining provisions.
Unless otherwise indicated, the copyright in the Website and its contents,
including but not limited to the text, images, graphics, sound files,
animation files, video files, and their arrangement, are the property of IDS
and are protected by copyright laws. No part or parts of the Website may be
modified, copied, distributed, retransmitted, broadcast, displayed,
performed, reproduced, published, licensed, transferred, sold or commercially
dealt with in any manner without the express prior written consent of IDS.
GOVERNING LAW AND FORUM
This Agreement will be governed by and construed in accordance with the laws
of Singapore without giving effect to any principles or conflicts of law. Any
disputes arising under this Agreement shall be submitted for final resolution
to the courts of Singapore.
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