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Terms of Service Agreement

Last Updated: 1 August 2020

Welcome to the phone application (“App”), Websites (“Websites”) and online services of Spectra Moon Pte Ltd. (“Spectra Moon”, “Company”, “we”, “us”, “our”). This page explains the terms by which you may use our online and/or mobile services, website, and corresponding software (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a registered user of our Service. This Agreement includes (but not limited to) Spectra Moon Pte Ltd Privacy Policy and other contents.

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of the revised Agreement means that you accept and agree to the changes. We encourage you to check this Agreement often for updates and changes.

If you do not agree to any of the terms set forth in this Agreement or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

1.  Copyright, Licenses and Idea Submissions.

The entire contents of the Service are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Spectra Moon, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Spectra Moon a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Service (such as bulletin boards, forums and newsgroups) or by e-mail to Spectra Moon by all means and in any media now known or hereafter developed. You also grant to Spectra Moon the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Spectra Moon for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Spectra Moon.

2.  Trademarks

Publications, products, content, or services referenced herein or on the Service are the exclusive trademarks or service marks of Spectra Moon. Other product and company names mentioned in the Service may be the trademarks of their respective owners.

3.  Use of the Service

You understand that, except for information, products or services clearly identified as being supplied by Spectra Moon, Spectra Moon does not operate, control or endorse any information, products or services on the Internet in any way. Except for Spectra Moon-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties, that are not affiliated with Spectra Moon. You also understand that Spectra Moon cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.

You assume total responsibility and risk for your use of the Service and the internet. Spectra Moon provides the Service and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Spectra Moon shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, and other information provided through the service or on the internet generally. Spectra Moon does not warrant that the Service will be uninterrupted or error-free or that defects in the service will be corrected.

You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. Spectra Moon has no control over and accepts no responsibility whatsoever for such materials.

4.  Limitation of Liability

In no event will Spectra Moon be liable for:

  1. any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Spectra Moon or its authorized representatives have been advised of the possibility of such damages, or

  2. any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such geographies, Spectra Moon’s liability is limited to the greatest extent permitted by law.

Spectra Moon makes no representations whatsoever about any other web site which you may access through this one or which may link to this Service. When you access a non-Spectra Moon web site, please understand that it is independent from Spectra Moon, and that Spectra Moon has no control over the content on that web site. In addition, a link to a Spectra Moon web site does not mean that Spectra Moon endorses or accepts any responsibility for the content, or the use, of such web site.

5.  Indemnification.

You agree to indemnify, defend and hold harmless Spectra Moon, 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 attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

7.  Third Party Rights

The provisions of paragraphs 3 (Use of the Service), and 5 (Indemnification) are for the benefit of Spectra Moon and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

6.  Termination

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses, and Idea Submissions), 3 (Use of the Service), 5 (Indemnification), 6 (Third Party Rights) and 8 (Miscellaneous) shall survive any termination of this Agreement.

8  Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of Singapore. You agree that any legal action or proceeding between Spectra Moon and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Singapore. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Spectra Moon’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Spectra Moon may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

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