USER AGREEMENT
NOTE: YOU ARE CONCLUDING A
LEGALLY BINDING AGREEMENT.
1.
INTRODUCTION.
A.
Purpose.
To detail the agreement between ALL users and biipmi Pte Ltd.
B.
Scope and
Intent.
You agree that by registering on biipmi, or by
using the our website, including our mobile applications, developer platform,
premium services, or other information provided as part of the biipmi services
(collectively “biipmi” or the
“Services”), you are entering into a legally binding agreement with biipmi Pte Ltd, BLK 826 TAMPINES
STREET 81 #04-110 S(520826) (“we,”
“us,” “our,” and “biipmi”) based on
the terms of this biipmi User
Agreement and the biipmi Privacy Policy, which is
hereby incorporated by reference (collectively referred to as the “Agreement”)
and become a biipmi user (“User”).
If you are using biipmi on behalf
of a company or other legal entity, you are nevertheless individually bound by
this Agreement even if your company has a separate agreement with us. If you do
not want to register an account and become a biipmi User, do
not conclude the Agreement, do NOT click “Join biipmi” and do not
access, view, download or otherwise use any biipmi webpage,
information or services. By clicking “Join Now,” you acknowledge that you have
read and understood the terms and conditions of this Agreement and that you
agree to be bound by all of its provisions. By clicking “Join Now,” you also
consent to use electronic signatures and acknowledge your click of the “Join
Now” button as one. Please note that the biipmi User
Agreement and Privacy Policy are also collectively referred to as biipmi’s “Terms of
Service.”
2.
YOUR
OBLIGATIONS.
A.
Applicable
laws and this Agreement
You must
comply with all applicable laws, the Agreement, as may be amended from time to
time with or without advance notice, and the policies and
processes explained in the following sections:
1.
DOs and DON’Ts;
2.
Complaints Regarding
Content Posted on the biipmi Website; and
3.
biipmi’s Privacy Policy.
B.
License and
warranty for your submissions to biipmi.
You own the
information you provide biipmi under this
Agreement, and may request its deletion at any time, unless you have shared
information or content with others and they have not deleted it, or it was
copied or stored by other users. Additionally, you grant biipmi a
nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid
up and royalty-free right to us to copy, prepare derivative works of, improve,
distribute, publish, remove, retain, add, process, analyze, use and
commercialize, in any way now known or in the future discovered, any
information you provide, directly or indirectly to biipmi, including,
but not limited to, any user generated content, ideas, concepts, techniques or
data to the services, you submit to biipmi, without
any further consent, notice and/or compensation to you or to any third parties.
Any information you submit to us is at your own risk of loss as noted in
Sections 2 and 3 of this Agreement.
By providing
information to us, you represent and warrant that you are entitled to submit
the information and that the information is accurate, not confidential, and not
in violation of any contractual restrictions or other third party rights. It is
your responsibility to keep your biipmi profile
information accurate and updated.
C.
Service
Eligibility.
To be
eligible to use the Service, you must meet the following criteria and represent
and warrant that you: (1) are 18 years of age or older; (2) are not currently
restricted from the Services, or not otherwise prohibited from having a biipmi account,
(3) are not a competitor of biipmi or are not
using the Services for reasons that are in competition with biipmi; (4) will
only maintain one biipmi account at
any given time; (5) have full power and authority to enter into this Agreement
and doing so will not violate any other agreement to which you are a party; (6)
will not violate any rights of biipmi, including
intellectual property rights such as copyright or trademark rights; and (7)
agree to provide at your cost all equipment, software, and internet access
necessary to use the Services.
D.
Sign-In
Credentials.
You agree to: (1) Keep your password secure and confidential; (2) not
permit others to use your account; (3) refrain from using other Users’
accounts; (4) refrain from selling, trading, or otherwise transferring your biipmi account to
another party; and (5) refrain from charging anyone for access to any portion
of biipmi, or any information therein. Further,
you are responsible for anything that happens through your account until you
close down your account or prove that your account security was compromised due
to no fault of your own.
E.
Indemnification.
You
indemnify us and hold us harmless for all damages, losses and costs (including,
but not limited to, reasonable attorneys’ fees and costs) related to all third
party claims, charges, and investigations, caused by (1) your failure to comply
with this Agreement, including, without limitation, your submission of content
that violates third party rights or applicable laws, (2) any content you submit
to the Services, and (3) any activity in which you engage on or through biipmi.
F.
Payment.
If you purchase any services that we offer for a fee, either on a
one-time or subscription basis (“Premium Services”), you agree to biipmi NOT storing your payment
card information. You also agree to pay the applicable
fees for the Premium Services (including, without limitation, periodic
fees for premium accounts) as they become due plus all related taxes, and to
reimburse us for all collection costs and interest for any overdue amounts.
Your obligation to pay fees continues through the end of the subscription
period during which you cancel your subscription. You may cancel your Premium
Services anytime. You also acknowledge that biipmi’s Premium
Services are subject to this Agreement and any additional terms related to the
provision of the Premium Service.
G.
Notify us of
acts contrary to the Agreement.
If you
believe that you are entitled or obligated to act contrary to this Agreement
under any mandatory law, you agree to provide us with detailed and
substantiated explanation of your reasons in writing at least 30 days before
you act contrary to this Agreement, to allow us to assess whether we may, at
our sole discretion, provide an alternative remedy for the situation, though we
are under no obligation to do so.
H.
Notifications
and Service Messages.
For purposes of service messages and notices about the Services to you, biipmi may place a
banner notice across its pages to alert you to certain changes such as
modifications to this Agreement. Alternatively, notice may consist of an email
from biipmi to an email address associated with
your account, even if we have other contact information. You also agree that biipmi may
communicate with you through your biipmi account or
through other means including email, mobile number, or services
associated with biipmi. Please
review your Settings to control
messages you receive from biipmi. You
acknowledge and agree that we shall have no liability associated with or
arising from your failure to do so maintain accurate contact or other
information, including, but not limited to, your failure to receive critical
information about the Service.
I.
biipmi
Applications.
biipmi may offer the Services through
applications built using biipmi’s platform
(“biipmi Applications”). Examples of biipmi
Applications include its smart phone applications (biipmi for Android or Biipmi for iPhone), and biipmi’s “Share”
buttons and other interactive plugins distributed on
websites across the web. biipmi Applications
are distinct from third party Platform Applications addressed in Section 4.B.
If you use a biipmi Application
or interact with a website that has deployed a plugin,
you agree that information about you and your use of the Services, including,
but not limited to, your device, your mobile carrier, your internet access
provider, your physical location, and/or web pages containing biipmi plugins that load in your browser may be communicated to
us.
Further, by
importing any of your biipmi data
through the biipmi
Application, you represent that you have authority to share the transferred
data with your mobile carrier or other access provider. In the event you change
or deactivate your mobile account, you must promptly update your biipmi account
information to ensure that your messages are not sent to the person that
acquires your old number and failure to do so is your responsibility. You
acknowledge you are responsible for all charges and necessary permissions
related to accessing biipmi through
your mobile access provider. Therefore, you should check with your provider to
find out if the Services are available and the terms for these services for
your specific mobile devices.
Finally, by
using any downloadable application to enable your use of the Services, you are
explicitly confirming your acceptance of the terms of the End User License
Agreement associated with the application provided at download or installation,
or as may be updated from time to time.
J.
User-to-User
Communication and Sharing (biipmi Groups, Cliques, Updates,
Company Pages, etc.).
biipmi offers various forums such as biipmi Groups, Cliques, and Scriin Updates, where you can post your
observations and comments on designated topics. Biipmi also
enables sharing of information by allowing users to post updates, including
links to news articles and other information such as job opportunities, product
recommendations, and other content to their profile and other parts of the
site, such as biipmi Groups, biipmi
Cliques and biipmi Company
Pages.
biipmi members can create biipmi Groups and
Company Pages for free, however, biipmi may close
or transfer biipmi Groups or
Company Pages, or remove content from them if the content violates this
Agreement or others’ intellectual property rights.
Please note that
ideas you post and information you share may be seen and used by other Users,
and biipmi cannot guarantee that other Users will
not use the ideas and information that you share on biipmi. Therefore,
if you have an idea or information that you would like to keep confidential
and/or don’t want others to use, or that is subject to third party rights that
may be infringed by your sharing it, do not post it to any biipmi Group, into
your Network Updates, or elsewhere on biipmi. BIIPMI IS NOT
RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR
INFORMATION YOU POST IN ANY BIIPMI COMMUNITY
SUCH AS THE BIIPMI CLIQUES, GROUPS OR SCRIIN
UPDATES.
K.
Privacy.
You should carefully read our full Privacy Policy before
deciding to become a User as it is hereby incorporated into this Agreement by
reference, and governs our treatment of any information, including personally
identifiable information you submit to us. Please note that certain
information, statements, data, and content (such as photographs) which you may
submit to biipmi, or groups you choose to join might,
or are likely to, reveal your gender, ethnic origin, nationality, age, and/or
other personal information about you. You acknowledge that your submission of
any information, statements, data, and content to us is voluntary on your part.
L.
Export
Control.
Your use of biipmi services, including our software, is subject to
export and re-export control laws and regulations. You shall
not — directly or indirectly — sell, export, re-export, transfer, divert, or
otherwise dispose of any software or service to any end-user without obtaining
the required authorizations from the appropriate government authorities.
M.
Contributions
to biipmi
By
submitting ideas, suggestions, documents, and/or proposals ("Contributions")
to biipmi through its suggestion or feedback webpages, you acknowledge and agree that: (a) your
Contributions do not contain confidential or proprietary information; (b) biipmi is not
under any obligation of confidentiality, express or implied, with respect to
the Contributions; (c) biipmi shall be
entitled to use or disclose (or choose not to use or disclose) such
Contributions for any purpose, in any way, in any media worldwide; (d) biipmi may have
something similar to the Contributions already under consideration or in
development; (e) you irrevocably assign to biipmi all rights
to your Contributions; and (f) you are not entitled to any compensation or
reimbursement of any kind from biipmi under any
circumstances.
3.
YOUR RIGHTS.
On the
condition that you comply with all your obligations under this Agreement,
including, but not limited to, the Do’s and Don’ts listed in Section 10, we
grant you a limited, revocable, nonexclusive, non-assignable,
non sub-licensable license and right to access the Services,
through a generally available web browser, mobile device or application (but
not through scraping, spidering, crawling or other
technology or software used to access data without the express written consent
of biipmi or its Users), view information and
use the Services that we provide on biipmi webpages and in accordance with this Agreement. Any other
use of biipmi contrary to our mission and purpose
(such as seeking to connect to someone you do not know or trust, or to use
information gathered from biipmi
commercially unless expressly authorized by biipmi) is
strictly prohibited and a violation of this Agreement. We reserve all rights
not expressly granted in this Agreement, including, without limitation, title,
ownership, intellectual property rights, and all other rights and interest in biipmi and all
related items, including any and all copies made of the biipmi website.
4.
OUR RIGHTS
AND OBLIGATIONS.
A.
Services
Availability.
For as long
as biipmi continues to offer the Services, biipmi shall
provide and seek to update, improve and expand the Services. As a result, we
allow you to access biipmi as it may
exist and be available on any given day and have no other obligations, except
as expressly stated in this Agreement. We may modify, replace, refuse access
to, suspend or discontinue biipmi, partially
or entirely, or change and modify prices for all or part of the Services for
you or for all our users in our sole discretion. All of these changes shall be
effective upon their posting on our site or by direct communication to you
unless otherwise noted. biipmi further
reserves the right to withhold, remove and or discard any content available as
part of your account, with or without notice if deemed by biipmi to be
contrary to this Agreement. For avoidance of doubt, biipmi has no
obligation to store, maintain or provide you a copy of any content that you or
other Users provide when using the Services.
B.
Third Party Sites and
Developers.
biipmi may include links to third party web sites
(“Third Party Sites”) on www.biipmi.com and elsewhere. biipmi also enables third
party developers (“Platform Developers”) to create applications (“Platform
Applications”) that provide features and functionality using data and developer
tools made available by biipmi through its developer platform.
You are responsible for
evaluating whether you want to access or use a Third Party Site or Platform
Application. You should review any applicable terms and/or privacy policy of a
Third Party Site or Platform Application before using it or sharing any
information with it, because you may give the operator permission to use your
information in ways we would not.
biipmi is not responsible for
and does not endorse any features, content, advertising, products or other
materials on or available from Third Party Sites or Platform Applications. biipmi also does not screen,
audit, or endorse Platform Applications. Accordingly, if you decide to access
Third Party Sites or use Platform Applications, you do so at your own risk and
agree that your use of any Platform Application is on an “as-is” basis without
any warranty as to the Platform Developer’s actions, and that this Agreement
does not apply to your use of any Third Party Site or Developer Application.
Please note: If you
allow an Platform Application or Third Party Site to
authenticate to or connect with your biipmi account, that application or website can
access information on biipmi related to you and your connections.
For
additional information regarding Platform Developers and Platform Applications,
please refer to Biipmi’s Privacy Policy.
C.
Disclosure of User
Information.
You
acknowledge, consent and agree that we may access, preserve, and disclose your
registration and any other information you provide if required to do so by law
or in a good faith belief that such access preservation or disclosure is
reasonably necessary in our opinion to: (1) comply with legal process,
including, but not limited to, civil and criminal subpoenas, court orders or
other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims
of a violation of the rights of third parties, whether or not the third party
is a User, individual, or government agency; (4) respond to customer service
inquiries; or (5) protect the rights, property, or personal safety of biipmi, our Users
or the public.
Disclosures of User information to third parties other than those
required to provide customer support, administer this agreement, or comply with
legal requirements are addressed in the privacy policy.
D.
Connections
and Interactions with other Users.
You are
solely responsible for your interactions with other Users. biipmi may limit the number of connections
you may have to other Users and may, in certain circumstances, prohibit you
from contacting other Users through use of the Services or otherwise limit your
use of the Services. biipmi reserves
the right, but has no obligation, to monitor disputes between you and other
members and to restrict, suspend, or close your account if biipmi determines,
in our sole discretion, that doing so is necessary to enforce this Agreement.
5.
DISCLAIMER.
SOME COUNTRIES AND JURISDICTIONS
DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS
A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY
ON BIIPMI, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR BIIPMI AND ALL
INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. BIIPMI DOES NOT
CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY
EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL
IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY
OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY BIIPMI OR ANYTHING
RELATED TO BIIPMI, YOU MAY CLOSE YOUR BIIPMI ACCOUNT AND
TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH
TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
BIIPMI IS NOT
RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY
MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER
GENERATED CONTENT) SENT THROUGH BIIPMI TO ANYONE.
IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR
USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL,
SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO
INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH
MATERIAL, SERVICE, OR TECHNOLOGY TO US.
BIIPMI DOES NOT
HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS
SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY
OTHER USERS OF THE COMMUNITY; THEREFORE, BIIPMI DISCLAIMS
ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR
INFORMATION.
BIIPMI DOES NOT
GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR
ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE
INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. BIIPMI DISCLAIMS
ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN
FUNCTIONING. FURTHERMORE, BIIPMI DISCLAIMS
ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE
CONDITIONS OF THE BIIPMI SITE DUE TO
INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO
THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6.
LIMITATION OF
LIABILITY.
SOME COUNTRIES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A
RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither biipmi nor any of
our subsidiaries,
affiliated companies, employees, shareholders, or directors (“biipmi Affiliates”) shall be
cumulatively liable for (a) any damages in excess of the most recent monthly
fee that you paid for a Premium Service, if any, or (b) any special,
incidental, indirect, punitive or consequential damages or loss of use, profit,
revenue or data to you or any third person arising from your use of the
Service, any platform applications or any of the content or other materials on,
accessed through or downloaded from biipmi. This limitation of liability is part of the
basis of the bargain between the parties and without it the terms and prices
charged would be different. This limitation of liability shall:
A.
Apply regardless of whether (1)
you base your claim on contract, tort, statute or any other legal theory, (2)
we knew or should have known about the possibility of such damages, or (3) the
limited remedies provided in this section fail of their essential purpose; and
B.
Not apply to any damage that biipmi may cause
you intentionally or knowingly in violation of this Agreement or applicable
law, or as otherwise mandated by applicable law that cannot be disclaimed from
in this Agreement.
C.
Not apply if you have entered
into a separate agreement to purchase Premium Services with a separate
Limitation of Liability provision that supersedes this section in relation to
those Premium Services.
7.
TERMINATION.
A.
Mutual
rights of termination.
You may
terminate this Agreement, for any or no reason, at any time, with notice to biipmi pursuant to
Section 9.C. This notice will be effective upon biipmi processing
your notice. biipmi may
terminate the Agreement and your account for any reason or no reason, at any
time, with or without notice. This cancellation shall be effective immediately
or as may be specified in the notice. For avoidance of doubt, only biipmi or the
party paying for the services may terminate your access to any Premium
Services. Termination of your biipmi account
includes disabling your access to biipmi and may
also bar you from any future use of biipmi.
B.
Misuse of the
Services.
biipmi may restrict, suspend or terminate the
account of any User who abuses or misuses the Services. Misuse of the Services
includes inviting other Users with whom you do not know to connect; abusing the
biipmi messaging services; creating multiple
or false profiles; using the Services commercially without biipmi’s
authorization, infringing any intellectual property rights, violating any of
the Do’s and Don’ts listed in Section 10, or any other behaviour that biipmi, in its
sole discretion, deems contrary to its purpose. In addition, and without
limiting the foregoing, biipmi has adopted
a policy of terminating accounts of Users who, in biipmi’s sole
discretion, are deemed to be repeat infringers under the Copyright Act.
C.
Effect of
Termination.
Upon the
termination of your biipmi account,
you lose access to the Services. The terms of this Agreement shall survive any
termination, except Sections 3 (“Your Rights”) and 4.a-b, and d (“Our Rights
and Obligations”) hereof.
8.
DISPUTE
RESOLUTION
A.
Law and Forum
for Legal Disputes
This Agreement or any
claim, cause of action or dispute (“claim”) arising out of or related to this
Agreement shall be governed by the laws of the Republic of Singapore regardless of your
country of origin or where you access biipmi, and notwithstanding of any conflicts of law
principles and the United Nations Convention for the International Sale of
Goods. You and biipmi agree that all claims arising out of or
related to this Agreement must be resolved exclusively by a federal court located
in Singapore, except as otherwise agreed by the
parties or as described in the Arbitration Option paragraph below. You and biipmi agree to
submit to the personal jurisdiction of the courts located within
B.
Arbitration
Option.
For any
claim (excluding claims for injunctive or other equitable relief) where the
total amount of the award sought is less than $10,000, the party requesting
relief may elect to resolve the dispute in a cost effective manner through
binding non-appearance-based arbitration. In the event a party elects arbitration,
they shall initiate such arbitration through an established alternative dispute
resolution provider mutually agreed upon by the parties. The alternative
dispute resolution provider and the parties must comply
with the following rules: (a) the arbitration shall be conducted by telephone,
online and/or be solely based on written submissions, the specific manner shall
be chosen by the party initiating the arbitration; (b) the arbitration shall
not involve any personal appearance by the parties or witnesses unless
otherwise mutually agreed by the parties; and (c) any judgment on the award
rendered by the arbitrator shall be final and may be entered in any court of
competent jurisdiction.
9.
GENERAL
TERMS.
A.
Severability.
If any
provision of this Agreement is found by a court of competent jurisdiction or
arbitrator to be illegal, void, or unenforceable, the unenforceable provision
will be modified so as to render it enforceable and effective to the maximum
extent possible in order to effect the intention of the provision; and if a
court or arbitrator finds the modified provision invalid, illegal, void or
unenforceable, the validity, legality and enforceability of the remaining
provisions of this Agreement will not be affected in any way.
B.
Language.
Where biipmi has
provided you with a translation of the English language version of this
Agreement, the Privacy Policy, and/or any other documentation, you agree that
the translation is provided for your convenience only and that the English
language versions of this Agreement, the Privacy Policy, and any other
documentation, including additional terms of service for Premium Services, will
govern your relationship with biipmi.
C.
Notices and
Service of Process.
In addition to Section 2.h. (“Notices and Service Messages”), we may
notify you via postings on www.biipmi.com. You may contact us via our Customer Service.
Or via mail
or courier at:
BIIPMI PTE LTD
Additionally,
biipmi accepts service of process at this
address. Any notices that you provide without compliance with this section on
Notices shall have no legal effect.
D.
Entire
Agreement.
You agree
that this Agreement constitutes the entire, complete and exclusive agreement
between you and us regarding the Services and supersedes all prior agreements
and understandings, whether written or oral, or whether established by custom,
practice, policy or precedent, with respect to the subject matter of this
Agreement. You also may be subject to additional terms and conditions that may
apply when you use or purchase certain other biipmi services,
third-party content or third party software.
E.
Amendments
to this Agreement.
We reserve the right to modify, supplement or replace the terms of the
Agreement, effective upon posting at www.biipmi.com or notifying
you otherwise. For example, biipmi presents a
banner on the site when we have amended this Agreement or the Privacy Policy so
that you may access and review the changes prior to your continued use of the
site. If you do not want to agree to changes to the Agreement, you can
terminate this Agreement at any time as per Section
7 (Termination).
F.
No informal
waivers, agreements or representations.
Our failure
to act with respect to a breach of this Agreement by you or others does not
waive our right to act with respect to that breach or subsequent similar or
other breaches. Except as expressly and specifically contemplated by the
Agreement, no representations, statements, consents, waivers or other acts or
omissions by any biipmi Affiliate shall
be deemed legally binding on any biipmi Affiliate,
unless documented in a physical writing hand signed by a duly appointed officer
of biipmi.
G.
No
Injunctive Relief.
In no event
shall you seek or be entitled to rescission, injunctive or other equitable relief,
or to enjoin or restrain the operation of the Service, exploitation of any
advertising or other materials issued in connection therewith, or exploitation
of the Services or any content or other material used or displayed through the
Services.
H.
Beneficiaries.
Entities
other than biipmi Pte Ltd that owns a 50%
or greater interest in (“Affiliate”) are not parties, but intended third party
beneficiaries of this Agreement, with a right to enforce the Agreement directly
against you.
I.
Assignment
and Delegation.
You may not
assign or delegate any rights or obligations under the Agreement. Any purported
assignment and delegation shall be ineffective. We may freely assign or
delegate all rights and obligations under the Agreement, fully or partially
without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, biipmi Corporation
for any third party that assumes our rights and obligations under this
Agreement.
J.
Potential
Other Rights and Obligations.
You may have
rights or obligations under local law other than those enumerated here if you
are located outside the
10.
BIIPMI USER “DOS”
and “DON’TS.”
As a
condition to access Biipmi, you agree
to this User Agreement and to strictly observe the following DOs and DON’Ts:
A.
Do undertake
the following:
1.
Comply with all applicable laws,
including, without limitation, privacy laws, intellectual property laws, export
control laws, tax laws, and regulatory requirements;
2.
Provide accurate information to
us and update it as necessary;
3.
Review and comply with our
Privacy Policy;
4.
Review and comply with notices
sent by biipmi concerning
the Services; and
5.
Use the Services in a
professional manner.
B.
Don’t
undertake the following:
1.
Act dishonestly or
unprofessionally by engaging in unprofessional behavior
by posting inappropriate, inaccurate, or objectionable content to biipmi;
2.
Publish inaccurate information in
the designated fields on the profile form (e.g., do not include a link or an
email address in the name field). Please also protect sensitive personal
information such as your email address, phone number, street address, or other
information that is confidential in nature;
3.
Create a user profile for anyone
other than a natural person;
4.
Harass, abuse or harm another
person, including sending unwelcomed communications to others using biipmi;
5.
Invite people you do not know to
join your network;
6.
Upload a profile image that is
not your likeness or a head-shot photo;
7.
Use or attempt to use another's
account without authorization from the Company, or create a false identity on biipmi;
8.
Upload, post, email, biip Box
mailing, transmit or otherwise make available or initiate any content that:
a.
Falsely states, impersonates or
otherwise misrepresents your identity, including but not limited to the use of
a pseudonym, or misrepresenting your current or previous positions and
qualifications, or your affiliations with a person or entity, past or present;
b.
Is unlawful, libellous, abusive,
obscene, discriminatory or otherwise objectionable;
c.
Adds to a content field content
that is not intended for such field (i.e. submitting a telephone number in the
“title” or any other field, or including telephone numbers, email addresses,
street addresses or any personally identifiable information for which there is not
a field provided by biipmi);
d.
Includes information that you do
not have the right to disclose or make available under any law or under
contractual or fiduciary relationships (such as insider information, or
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
e.
Infringes upon patents,
trademarks, trade secrets, copyrights or other proprietary rights;
f.
Includes any unsolicited or
unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or any other form of solicitation. This
prohibition includes but is not limited to (a) using biipmi invitations
to send messages to people who don’t know you or who are unlikely to recognize
you as a known contact; (b) using biipmi to connect
to people who don’t know you and then sending unsolicited promotional messages
to those direct connections without their permission; and (c) sending messages
to distribution lists, newsgroup aliases, or group aliases;
g.
Contains software viruses, worms,
or any other computer code, files or programs that interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment of biipmi or any User
of biipmi;
h.
Forges headers or otherwise
manipulate identifiers in order to disguise the origin of any communication
transmitted through the Services; and/or
9.
Participate, directly or
indirectly, in the setting up or development of a network that seeks to
implement practices that are similar to sales by network or the recruitment of
independent home salespeople to the purposes of creating a pyramid scheme or
other similar practices.
10.
Duplicate, license, sublicense,
publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or
otherwise transfer information found on biipmi (excluding
content posted by you) except as permitted in this Agreement, biipmi’s developer terms and
policies, or as expressly authorized by biipmi;
11.
Reverse engineer, decompile,
disassemble, decipher or otherwise attempt to derive the source code for any
underlying intellectual property used to provide the Services, or any part
thereof
12.
Utilize or copy information,
content or any data you view on and/or obtain from biipmi to provide
any service that is competitive, in biipmi’s sole
discretion, with biipmi;
13.
Imply or state, directly or
indirectly, that you are affiliated with or endorsed by biipmi unless you
have entered into a written agreement with biipmi (this
includes, but is not limited to, representing yourself as an accredited biipmi trainer if
you have not been certified by biipmi as such);
14.
Adapt, modify or create
derivative works based on biipmi or
technology underlying the Services, or other Users’ content, in whole or part,
except as permitted under biipmi’s developer
program;
15.
Rent, lease, loan, trade,
sell/re-sell access to biipmi or any
information therein, or the equivalent, in whole or part;
16.
Sell, sponsor, or otherwise
monetize a biipmi Group or
any other service or functionality of biipmi, without
the express written permission of biipmi.
17.
Deep-link to the Site for any
purpose, (i.e. including a link to a Biipmi web page
other than Biipmi’s home page) unless expressly
authorized in writing by Biipmi or for the
purpose of promoting your profile or a Group on biipmi as set
forth in the Brand Guidelines;
18.
Remove any copyright, trademark
or other proprietary rights notices contained in or on biipmi, including
those of both biipmi and any of
its licensors;
19.
Remove, cover or otherwise
obscure any form of advertisement included on biipmi;
20.
Collect, use, copy, or transfer
any information, including, but not limited to, personally identifiable
information obtained from biipmi except as
expressly permitted in this Agreement or as the owner of such information may
expressly permit;
21.
Share information of non-Users
without their express consent;
22.
Infringe or use biipmi’s brand,
logos and/or trademarks, including, without limitation, using the word “biipmi” in any
business name, email, or URL or including biipmi’s trademarks
and logos except as provided in the Brand Guidelines or as
expressly permitted by biipmi;
23.
Use manual or automated software,
devices, scripts robots, other means or processes to access, “scrape,” “crawl”
or “spider” any web pages or other services contained in the site;
24.
Use bots or other automated
methods to access biipmi, add or
download contacts, send or redirect messages, or perform other activities
through biipmi, unless explicitly permitted by biipmi;
25.
Access, via automated or manual
means or processes, biipmi for
purposes of monitoring biipmi’s
availability, performance or functionality for any competitive purpose;
26.
Engage in “framing,” “mirroring,”
or otherwise simulating the appearance or function of biipmi’s website;
27.
Attempt to or actually access biipmi by any
means other than through the interfaces provided by biipmi such as its
mobile application or by navigating to http://www.biipmi.com using a web
browser. This prohibition includes accessing or attempting to access biipmi using any
third-party service, including software-as-a-service platforms that aggregate
access to multiple services, including biipmi;
28.
Attempt to or actually override
any security component included in or underlying biipmi;
29.
Engage in any action that
directly or indirectly interferes with the proper working of or places an
unreasonable load on biipmi’s
infrastructure, including, but not limited to, sending unsolicited
communications to other Users or biipmi personnel,
attempting to gain unauthorized access to biipmi, or transmitting
or activating computer viruses through or on biipmi;
30.
Interfere with or disrupt or game
biipmi or the Services, including, but not
limited to, any servers or networks connected to biipmi, in
particular biipmi's search algorithms.
11.
COMPLAINTS
REGARDING CONTENT POSTED ON THE BIIPMI WEBSITE.
We built biipmi to help you
be a more successful professional, and to help professionals succeed in your
personal professional branding through multimedia innovations. To
achieving this purpose, we encourage our Users to share truthful and accurate
information. We also respect the intellectual property rights of others.
Accordingly, this Agreement requires that information posted by Users be
accurate and not in violation of the intellectual property rights or other rights
of third parties. To promote these objectives, Biipmi provides a
process for submission of complaints concerning content
posted by our Users.
biipmi Pte Ltd, 826
TAMPINES STREET 81 #04-110