Terms Of Service - TrendTopick

Last Updated Date: 18th Oct, 2024

Please read these Terms of Use carefully. The Website, including any related mobile applications and features, is operated by LTWORKS PTE. LTD. These Terms of Use apply to all users accessing or using the Website, including those contributing content, information, or services. By accessing or using the Website, you agree to be bound by these Terms of Use. If you do not agree, please do not access or use the Website.

Please note that the “Dispute Resolution” section includes an arbitration agreement requiring disputes to be resolved through binding arbitration. By agreeing, you waive your right to pursue disputes in court or have a jury trial unless you opt-out.

Certain services may be subject to additional terms, which will be provided when you sign up for such services. In case of a conflict between these Terms of Use and any Supplemental Terms, the Supplemental Terms will prevail. Collectively, these documents are referred to as the “Agreement.”

The Agreement may be modified at any time at the discretion of the Company. Updated versions will be posted on the Website and within the Application, with the "Last Updated" date revised accordingly. Your continued use of the Website and Services after changes indicates your acceptance of the new terms. Please review the terms regularly to stay informed.

To use the Services and related properties, you must adhere to the Agreement. The Website, Application, Services, and all associated content are protected by copyright laws globally. You are granted a limited license to reproduce parts of the Company Properties for personal, non-commercial use only, subject to the terms of the Agreement.

Application License

You may download, install, and use the Application on a single device for personal or internal business purposes, provided you comply with the Agreement. The Company may update the Application at any time, with or without notice.

Certain Restrictions

The rights granted under the Agreement are subject to restrictions. You may not license, sell, rent, transfer, reproduce, distribute, or commercially exploit any part of the Company Properties. You are also prohibited from modifying, reverse-engineering, or creating derivative works from any part of the Company Properties except as permitted by law.

You may not use manual or automated tools to scrape or download data from the Website, except for public search engines creating searchable indices. You shall not use the Company Properties to build a similar or competitive website or service, nor distribute any part of the Company Properties without permission.

Third-Party Materials

Access to third-party materials through Company Properties is at your own risk. The Company cannot monitor these materials.

Registration

To access certain features, you may need to become a registered user (“Registered User”). This involves creating an account on the Company Properties (“Account”) or linking a valid social networking service account (“Third-Party Account”).

By linking your Account with a Third-Party Account, you allow the Company to access and store any content available through your Third-Party Account. You agree to provide accurate, current, and complete registration information and to update it as necessary. You are responsible for activities under your Account and must monitor and restrict use by minors.

Sharing your Account or password is prohibited. Notify the Company immediately of any unauthorized use. Inaccurate or incomplete information may result in suspension or termination of your Account.

You may not create an Account using false information or on behalf of someone else. Only one Account per platform or SNS is permitted. The Company reserves the right to reclaim usernames and remove accounts.

You are responsible for providing the necessary equipment and software to connect to the Company Properties, including mobile devices. You are also responsible for any connection fees incurred.

Responsibility for Content

You are responsible for all content you upload or make available through the Company Properties (“Your Content”). The Company is not obligated to pre-screen content but reserves the right to refuse or remove any content that violates the Agreement.

Storage

The Company is not obligated to store Your Content and is not responsible for its deletion, accuracy, or security. Some services may allow you to set access levels for Your Content.

Ownership

Company Properties

Except for Your Content, all rights to Company Properties are owned by the Company and its suppliers. You may not alter or obscure any copyright or trademark notices.

Your Content

You retain ownership of Your Content but grant the Company a license to use, reproduce, modify, and distribute it for operating and providing Company Properties.

Submitted Materials

Any materials submitted to the Company are deemed non-confidential and may be used by the Company for any purpose. By submitting materials, you grant the Company a license to use, reproduce, and modify them.

Prohibited User Conduct

You may not engage in any conduct that violates laws, harms the Company or its users, or interferes with the use of Company Properties. Prohibited actions include harassment, posting offensive content, impersonation, unauthorized data scraping, and more.

User Accounts

Registration

You must provide accurate information when registering for an account and keep it updated. The Company may suspend or terminate your Account for inaccurate information.

Account Security

You are responsible for maintaining the confidentiality of your password and for activities under your account. Notify the Company of any unauthorized use.

Account Termination

You may terminate your Account at any time. The Company may also terminate your Account for any reason. Upon termination, certain provisions of the Agreement will continue to apply.

THIRD-PARTY SERVICES

Third-Party Properties and Promotions

Company Properties may include links to third-party websites and applications ("Third-Party Properties") or display advertisements and promotions for third parties ("Third-Party Promotions"). The Company does not provide, own, or control any products or services available through Third-Party Promotions. When you click on a link to a Third-Party Property or Third-Party Promotion, you may leave the Company Properties. The Company does not control and is not responsible for Third-Party Properties or Promotions, including the accuracy, timeliness, or completeness of their content. The Company provides these links for your convenience and does not review, approve, monitor, endorse, warrant, or make any representations regarding them or the products/services they offer. You access Third-Party Properties and Promotions at your own risk. Upon leaving the Company Properties, the terms and policies of the Third-Party Properties will govern your activities. Review their terms and policies, including privacy and data collection practices, before proceeding with any transaction with third parties.

Advertising Revenue

The Company reserves the right to display Third-Party Promotions in conjunction with User Content on Company Properties. You acknowledge and agree that the Company has no obligation to share any revenue received from such advertising with you.

DISCLAIMER OF WARRANTIES AND CONDITIONS

AS IS

You acknowledge and agree that your use of Company Properties is at your sole risk and that they are provided on an "as is" and "as available" basis, with all faults. The Company, its affiliates, and their respective officers, directors, employees, contractors, and agents (collectively, the "Company Parties") expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.

COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF COMPANY PROPERTIES WILL BE ACCURATE OR RELIABLE.

Any content downloaded from or otherwise accessed through Company Properties is accessed at your own risk, and you shall be solely responsible for any damage to your property, including, but not limited to, your computer system and any device you use to access Company Properties, or any other loss that results from accessing such content.

No advice or information, whether oral or written, obtained from the Company or through Company Properties will create any warranty not expressly made herein.

NO LIABILITY FOR CONDUCT OF THIRD PARTIES

You acknowledge and agree that the Company Parties are not liable, and you agree not to seek to hold the Company Parties liable, for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you.

LIMITATION OF LIABILITY

Disclaimer of Certain Damages

You acknowledge and agree that under no circumstances shall Company Parties be liable for any indirect, incidental, special, consequential, or punitive damages, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, loss of profits, revenue, or data, or any other damages or costs, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if the Company has been advised of the possibility of such damages. This includes damages or costs arising from: (1) your use or inability to use Company Properties; (2) the cost of procurement of substitute goods or services resulting from any goods, data, information, or services purchased or obtained or messages received for transactions entered into through Company Properties; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on Company Properties; or (5) any other matter related to Company Properties.

Cap on Liability

In no event shall Company Parties be liable to you for more than the greater of (a) one hundred dollars or (b) the remedy or penalty imposed by the statute under which such claim arises. This limitation on liability shall not apply to liability of a Company Party for (i) death or personal injury caused by a Company Party’s negligence or (ii) any injury caused by a Company Party’s fraud or fraudulent misrepresentation.

User Content

The Company assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any content, user communications, or personalization settings, including your content and user content.

Basis of the Bargain

You acknowledge and agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

The Company respects the intellectual property rights of others and requires that users of Company Properties do the same. If you believe that your work has been copied and posted on Company Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of the location on Company Properties of the material that you claim is infringing;
Your address, telephone number, and email address;
A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact information for the Company’s Copyright Agent for notice of claims of copyright infringement is as follows:

6 RAFFLES QUAY #14-06 SINGAPORE (048580)

REMEDIES

Violations

If the Company becomes aware of any possible violations by you of the Agreement, the Company reserves the right to investigate such violations. If, as a result of the investigation, the Company believes that criminal activity has occurred, the Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. The Company may disclose any information or materials on or in Company Properties, including Your Content, to comply with applicable laws, legal processes, governmental requests, enforce the Agreement, respond to any claims that Your Content violates the rights of third parties, respond to your requests for customer service, or protect the rights, property, or personal safety of the Company, its Registered Users, or the public.

Breach

If the Company determines that you have breached any portion of the Agreement or demonstrated conduct inappropriate for Company Properties, the Company may warn you via email, delete any of Your Content, discontinue your registration or subscription to any Services, block your access to the Company Properties and your account, notify and/or send content to the proper law enforcement authorities, and pursue any other action deemed appropriate by the Company.

TERM AND TERMINATION

Term

The Agreement will become effective on the date you accept it and will remain in effect as long as you use Company Properties, unless terminated earlier in accordance with the terms of the Agreement.

Prior Use

You acknowledge and agree that the Agreement commenced on the date you first used Company Properties and will remain in effect while you use any Company Properties, unless terminated earlier in accordance with the Agreement.

Termination of Services by Company

The Company reserves the right to terminate the Agreement, including your right to use the Website, Application, and Services at any time, with or without notice, including if the Company determines that you are in breach of the Agreement.

Termination of Services by You

If you want to terminate one or more of the Services provided by the Company, you may do so by notifying the Company at any time and discontinuing your use of the Service(s).

Effect of Termination

Termination of any Service also includes the removal of access to the Service(s) and barring of further use of the Service(s). Upon termination of any Service, your right to use such Service will immediately terminate. Any termination of Services may involve the deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including Virtual Credits and Your Content. All provisions of the Agreement which by their nature should survive shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

INTERNATIONAL USERS

Company Properties are controlled and offered by the Company from its facilities in Singapore. If you access or use Company Properties from outside Singapore, you do so at your own risk and are responsible for compliance with local laws.

DISPUTE RESOLUTION

Please carefully read the following arbitration agreement in this section ("Arbitration Agreement"). It requires you to arbitrate disputes with the Company and limits the manner in which you can seek relief from us.

Class Action Waiver

You and the Company agree that any dispute, claim, or request for relief shall be resolved solely on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator shall not consolidate the claims of more than one person, nor preside over any form of a representative or class proceeding. If this provision is found to be unenforceable, the entirety of this Dispute Resolution section shall be null and void.

Modification of Arbitration Agreement with Notice

The Company reserves the right to modify this Arbitration Agreement at any time, with notice to you. If the Company makes material changes to this Arbitration Agreement, you may terminate this Agreement within 30 days of receiving the notice. If any part of this Arbitration Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to apply.

Authority of Arbitrator

The arbitrator appointed to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement shall have exclusive authority to determine the scope and enforceability of this Agreement. The arbitration proceeding shall be limited to the resolution of the rights and liabilities of you and the Company and shall not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim, award monetary damages, and grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of the decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have, and the award of the arbitrator is final and binding upon you and the Company.

Waiver of Jury Trial

YOU AND THE COMPANY AGREE TO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and the Company agree to resolve any disputes, claims, or requests for relief through binding arbitration under this Arbitration Agreement, except as specified in the section titled "Applicability of this Arbitration Agreement" above. An arbitrator can award on an individual basis the same damages and relief as a court, but there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Other Non-Individualized Relief

Any disputes, claims, or requests for relief within the scope of this Arbitration Agreement must be resolved through individual arbitration and may not proceed as a class or collective action. Only individual relief is available, and claims of more than one customer or user may not be consolidated or arbitrated together with those of any other customer or user. In the event that a court determines that the limitations outlined in this section are unenforceable with respect to a particular dispute, claim, or request for relief, that aspect will be severed from the arbitration and brought before the state or federal courts located in the State of Colorado. All other disputes, claims, or requests for relief will be resolved through arbitration.

30-Day Right to Opt-Out

You have the option to opt-out of the provisions of this Arbitration Agreement by submitting a written notice of your decision to [email protected] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name, address, Company username (if applicable), email address where you receive Company emails or that you used to create your Account (if you have one), and an explicit statement that you wish to opt-out of this Arbitration Agreement. If you opt-out of this Arbitration Agreement, all other provisions of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no impact on any other arbitration agreements that you may have currently or in the future with us.

Severability

Except for the section titled "Waiver of Class or Other Non-Individualized Relief" above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then that specific part or parts will have no effect and will be severed, and the remaining portions of the Arbitration Agreement will remain in full force and effect.

Survival of Agreement

This Arbitration Agreement will remain in effect even after the termination of your relationship with the Company.

Modification

Notwithstanding any other provision in this Agreement, if the Company makes any significant changes to this Arbitration Agreement in the future, you have the right to reject the change within 30 days of the change becoming effective. To do so, you must notify the Company in writing at 6 RAFFLES QUAY #14-06 SINGAPORE(048580).

ADDITIONAL TERMS

Electronic Communications

You agree that all communications between you and the Company, including notices, agreements, and disclosures, may be provided to you electronically. You further acknowledge that such electronic communications satisfy any legal requirements that would require the communications to be in writing.

Assignment

You may not transfer or assign any of your rights or obligations under this Agreement without the prior written consent of the Company. Any attempt to do so without consent shall be deemed null and void.

Force Majeure

The Company shall not be held liable for any delays or failures in performance caused by events outside of its reasonable control, such as acts of God, war, terrorism, civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Choice of Language

The parties expressly agree that this Agreement and all related documents have been written in English. Les parties conviennent expressément que cette convention et tous les documents qui y sont liés soient rédigés en anglais.

Notice

You are responsible for providing the Company with your most current email address. In the event that the email address you provided is not valid or capable of delivering required or permitted notices, the Company's dispatch of such notice via email shall be deemed effective. You may give notice to the Company at the address specified in this Agreement.

Waiver

A failure or waiver of any provision of this Agreement shall not be deemed a waiver of any other provision or such provision on any other occasion.

Severability

If any portion of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be construed in a manner that reflects the original intention of the parties.

Entire Agreement

This Agreement constitutes the final, complete, and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions and understandings between the parties.