Welcome to onSponge.com (the “Site”). This Site is owned and operated by onSponge.com Pte Ltd (“onSponge.com” “we,” or “us”). Please feel free to browse this Site, read and print information, and participate in our community, subject to these terms and conditions.
1. Use of the Site and its Content
The contents of this Site, including the text, graphics, images, information, visitor chat, and other materials contained on this Site (“Content”) are for general informational purposes only. Such Content is provided on a blind-basis, without any knowledge as to your identity, jurisdiction, medical condition or specific circumstances.
Content provided by onSponge.com and various authors and publishers’ providing such information does not constitute the rendering of medical, health, legal or other professional advice or services. Always seek the advice of your physician or other qualified health provider with questions you may have regarding any medical conditions. The Content of this Site should not be relied upon or used as a substitute for consultation with physicians, qualified health professionals, lawyers or other professional advisors.
Reliance on any Content provided on this Site, whether by us, other authors or publishers, or visitors to this Site is solely at your own risk. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on this Site. There may be delays, omissions, or inaccuracies in Content contained in this Site.
We may alter, suspend, or discontinue this Site, or any content in it, at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. We may also elect, at any time upon notice, to begin to impose fees or charges for access or use of this Site.
2. Registration and Privacy
The Site is directed solely to individuals residing in the territories of Singapore. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.
3. onSponge.com’s Proprietary Rights
The Site and its Content are the property of onSponge.com and its licensors, and are protected from unauthorized copying and dissemination by Singapore, trademark law, international conventions and other intellectual property laws. For example, and without limitation, “onSponge.com” and the onSponge.com logo, and other related marks are trademarks and/or service marks of onSponge Pte Ltd. All other trademarks, service marks, and logos used on our Sites are the trademarks, service marks, or logos of their respective owners.
No part of this Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that we authorizes you to view and print one copy of any Content that are available on this Site (such as articles or papers), subject to the following conditions:
a. Such Content may be used solely for noncommercial, informational purposes.
b. Such Content may not be modified.
c. Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information or documents displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of onSponge.com or such third party that may own the trademark or copyright of material displayed on this Site. If you are interested in reprinting, republishing or distributing content from onSponge.com, please contact us at "feedback" via the onSponge Contact Us page.
4. User Conduct
You may not republish, upload, post, transmit or distribute Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and may subject you to legal liability.
In addition, in connection with your use of the Site, you agree not to:
a. Post, disseminate, or transmit any Content that is or which we consider, in our sole discretion, unlawful, harassing, defamatory, abusive, threatening, vulgar, obscene, pornographic, harmful, tortuous, libelous, racist, violent or otherwise objectionable;
b. Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
c. Use the Site for any unlawful or illegal purpose or in violation of any of the rules herein;
d. Display material that exploits children under 18 years of age;
e. Post or disclose any personally identifying information or private information about children or any third parties without their consent;
f. Express or imply that any statements you make are endorsed by us, without our prior written consent;
g. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
h. “Frame” or “mirror” any part of the Site without our prior written authorization;
i. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
j. Harvest or collect information about visitors to the Site without their express consent;
k. Post, disseminate, or transmit any Content that infringes or violates the copyright, trademark, trade secret, patent, or other proprietary right of any other third party, or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
l. Post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
m. Post, disseminate, or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;
n. Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Site;
o. Post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;
p. Promote, solicit or participate in multi-level marketing or pyramid schemes;
q. Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
r. Interfere with, disrupt, or harm in any way the Site or servers or networks connected to the Site;
s. Electronically stalk or otherwise harass another user;
t. Collect or store personal data about other users;
u. Engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law.
5. Product Descriptions, Pricing and Loss
onSponge.com attempts to be as accurate as possible. However, onSponge.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by onSponge.com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on the Site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by onSponge.com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
All items purchased from onSponge.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
6. User Content and Correspondence
You acknowledge that onSponge.com does not generally prescreen Content, but that onSponge.com and its designees will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any Content that is available via the Site. onSponge.com reserves the right in its sole discretion to refuse access to the site to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoing, onSponge.com and its designees will have the right to remove any Content that violates the Agreement or that onSponge.com considers, in its sole discretion, objectionable, whether for legal or for other reasons.
By posting Content (see also 6(a). User-generated Videos) to the Site or by transmitting Content using the Site, you (a) represent and warrant to onSponge.com that you have all necessary permission to post or transmit Content; and (b) grant to onSponge.com a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further agree to waive, to the extent legally permissible, any moral rights in any jurisdictions relating to such Content.
Blogrums/journals/discussion may contain the opinions and views of other users. onSponge.com is not responsible for the accuracy of any messages on this Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Any comments, materials, or letters sent by you to onSponge.com regarding the Site, including, without limitation, questions, comments, suggestions, criticisms, or the like (“Received Materials”) shall be deemed to be nonconfidential and free of any claims of proprietary or personal rights. onSponge.com will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials. Furthermore, onSponge.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to onSponge.com, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.
6(a). User-generated Videos
Submission to the Site
In submitting user-generated video to the Site, you agree to the following terms and conditions:
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant to us, our joint venture partners, vendors, production companies, and programming and content distributors, and the parents, affiliates, subsidiaries, licensees, successors and assigns of all of the foregoing (collectively, the "onSponge.com Parties") a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your user-generated video submitted hereunder, as well your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the "Video Submission"), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the onSponge.com Parties may or may not earn or generate through its use of your Video Submission.
Right to Use Your Video Submission
You grant the onSponge.com Parties the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Video Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation television, home video/DVD products, and mobile services) of the onSponge.com Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the onSponge.com Parties the right to use and distribute, and license others to use and distribute, your Video Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Video Submission hereunder.
Clearance of Your Video Submission for the onSponge.com Parties' Use
You represent and warrant that your Video Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the onSponge.com Parties' use and distribution of your Video Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Video Submission (collectively, the "Elements"). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the onSponge.com Parties' use and distribution of your Video Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Video Submission are true to the best of your knowledge and that neither they, nor any Element of your Video Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.
Waiver of Right of Approval
You hereby waive any right of inspection or approval of your Video Submission as used and distributed by the onSponge.com Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.
Release and Waiver & Indemnification
You acknowledge that the onSponge.com Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the onSponge.com Parties from any and all claims arising from their use and distribution of your Video Submission as permitted herein.
7. Features and Links to Other Sites
Your use of certain services on the Site may be governed by additional rules, which are available on the Site or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your risk.
Any sweepstakes, contests, and games that are accessible through our Sites are governed by specific rules. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules.
The Site may contain links to other Internet Sites or resources. We neither control nor endorse such other Sites, nor have we reviewed or approved any content that appears on such other Sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
8. Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, BUT WITHOUT LIMITATION, ONSPONGE.COM DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONSPONGE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITES.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ONSPONGE.COM OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTAINED HEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Site could include inaccuracies or errors, or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made to the Site by third parties. Although we attempt to ensure the integrity of our Sites and other products and services, we make no guarantees as to the completeness or correctness of any content on the Site. In the event that such a situation arises, please contact us at "feedback" via the onSponge Contact Us page with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our Sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.
9. Limitation of Liability
NEITHER ONSPONGE.COM, INC. NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH ONSPONGE.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
THE AGGREGATE MAXIMUM LIABILITY TO ONSPONGE.COM FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE IN THE TWELVE MONTHS PRECEDING ANY SUCH CLAIM.
You agree to indemnify, defend and hold onSponge.com, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of this Agreement; (b) your use of the Site; or (c) your violation of the rights of any third party.
You understand and agree that onSponge.com may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Agreement or other agreements or guidelines, (b) requests by law enforcement or other government or regulatory authorities, or (c) technical difficulties.
12. Copyright Infringement
The 1 January 2005 implementation of the Copyright (Amendment) Act 2004 ("the Act") to the Copyright Act of Singapore (Chapter 63) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Singapore copyright law. This stems from the US Singapore Free Trade Agreement signed on 6 May 2003. The changes are aimed at copyright protection. The Act prescribes that you will be liable, for (i) criminal and (ii) civil sanctions, on conviction (i) to a fine not exceeding S$10,000 or to imprisonment for a term not exceeding 2 years, and (ii) damages suffered by the person as a result of you making the notification, if you are found to have make a misrepresentation or false statement. Please take note of the following instructions/ procedures:
In the event a copyright holder discovers any unauthorized distribution or production of his copyright material, he may notify onSponge.com, to the person designated and in the manner prescribed by the Copyright (Amendment) Act 2004 and any subsidiary legislation thereof, and onSponge.com shall take all reasonable efforts to remove or disable the infringing material;
Upon receipt of a valid take down notice, onSponge.com shall take all reasonable steps to notify the person who had posted the infringing material as soon as possible after the removal or disabling of the infringing material;
Should the person whose material has been removed or disabled does, within the prescribed time, send onSponge.com a valid counter-notification, to the person designated and in the manner prescribed by the Copyright (Amendment) Act 2004 and any subsidiary legislation thereof, to restore the infringing material, onSponge.com shall take all reasonable efforts to restore the infringing material as soon as possible UNLESS the person requesting for the material to be disabled or removed, has commenced action against the person who had posted the infringing material and onSponge.com is informed of such proceedings.
Please note that onSponge.com will only act upon a valid notification or counter-notification, i.e. a notice in the prescribed form under the Act.
All notifications shall be sent to "feedback" via the onSponge Contact Us page.
This Agreement, together with all onSponge.com policies referred to herein, constitutes the entire agreement between you and onSponge.com relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. This Agreement and the relationship between you and onSponge.com are governed by and construed in accordance with the laws of the State of Singapore, without regard to its principles of conflict of laws. You and onSponge.com agree to submit to the personal and exclusive jurisdiction of the courts located within Singapore, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Published 28 July 2008.
Updates: 20 January 2009; 28 May 2009.