9. Submissions.

Any comments, ideas, notes, postings, messages, suggestions or other communications or information posted on the Site, submitted to GAC Enterprise or otherwise communicated in connection with your use of the Site (collectively, "Submissions") shall be and remain the exclusive property of GAC Enterprise with no further compensation to you. As such, we will exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY SUBMISSION TO GAC Enterprise BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY SUBMISSION TO GAC Enterprise. YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE REGARDING THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPERTY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR WILL CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLEY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO GAC Enterprise, THAT GAC Enterprise IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY GAC Enterprise WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. GAC Enterprise takes no responsibility and assumes no liability for any content submitted by or posted by you or any third party.

 

10. Links to Third-Party Web Sites; No Implied Endorsements.

This Site may contain links to other web sites on the Internet. You acknowledge that we cannot control such web sites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked web site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval of or endorsement by us of that third party, third party website or of any product or service provided by a third party.

 

11. Indemnification.

By using this Site, you agree to indemnify, hold harmless and defend GAC Enterprise, its parent company, subsidiaries and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Site; (ii) your breach of the Terms of Use; or (iii) your violation of any law or the rights of a third party. You agree to cooperate as fully and as reasonably required in the defense of any claim. GAC Enterprise reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

12. Disclaimer of Warranty.

THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, GAC Enterprise DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKE(S) IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

13. Limitation of Liability.

IN NO EVENT SHALL GAC Enterprise, ITS PARENT COMPANY, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREIN, STORED OR MAINTAINED BY GAC Enterprise, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF GAC Enterprise HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF GAC Enterprise, ITS PARENT COMPANY, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION TO YOU ON THIS SITE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO GAC Enterprise IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR EVENT GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL GAC Enterprise, ITS PARENT COMPANY, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF GAC Enterprise.

 

Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

 

14. International Use.

We make no representation that information on this Site is appropriate or available for use outside Singapore. Those who choose to access this Site from outside Singapore do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

 

15. Unavailability of Site; Termination; Fraud.

We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may, at our sole discretion, terminate or suspend your use or access to all of or part of the Site or your account or usership, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your usership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations that by their nature should survive termination) will survive termination.

 

16. Copyright Infringement; Notice and Take Down Procedures.

If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (a) identify the alleged infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. With regard to copyright issues, please contact us directly.

 

17. Miscellaneous.

Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and GAC Enterprise, with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and GAC Enterprise, with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of GAC Enterprise to act with respect to a breach by you or others does not waive GAC Enterprise's right to act with respect to subsequent or similar breaches. GAC Enterprise's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.

 

This agreement shall be construed in accordance with the applicable laws of Singapore. The Courts at Singapore shall have exclusive jurisdiction in any proceedings arising out of this agreement.