These Terms of Use (“Terms”) govern your access to and use of products and services of Silversea Media (S) Pte. Ltd. and its subsidiaries (“Silversea” “we,” “our” and “us”), including our website (“Website”) located at www.silversea-media.com (collectively, the “Services”). By using the Services, you are bound by these Terms. We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, will govern our relationship with you, so you should check for changes frequently. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
- Using the Services
- Usage Guidelines
- Content of the Services
- Intellectual Property
- External Links
- Termination
- Disclaimer of Warranties; Limitation of Liability
- Waiver and Indemnity
- Privacy
- Confidentiality
- Other.
- Contact Us
You may use the Services only if are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any content on the Services, limit distribution or visibility of any content on the service, suspend or terminate users, and reclaim usernames without liability to you.
If you comply with all of the Terms, we hereby grant you a non-exclusive, non-transferable, revocable and limited right and license to access and use our Website and link to any page of our Website on your own Internet or social media sites.
Our Services may allow you to submit or post materials such as comments, ratings and reviews, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with the Usage Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Usage Guidelines, please contact us as soon as possible. Silversea may monitor and decide to remove or edit any submitted material.
The Usage Guidelines are as follows:
You may not use our Services for any unlawful purpose or in the direct or indirect furtherance of illegal activities, including but not limited to creating selling, buying, distributing or facilitating transactions in illegal goods or services, as well as certain types of regulated goods or services.
In using our Services, you may not engage in any activity that involves threatening, harassing, defaming, promoting violence against or in any way seeking to harm an individual or a group of people, including posting objectionable and/or sensitive media (e.g., graphic violence, adult content, material that seeks to shame or embarrass) and/or deceptively sharing synthetic or manipulated media that are likely to cause harm.
In using our Services, you may not publish or post other people’s private information (such as home phone number and address) without their express authorization and permission. We also prohibit threatening to expose private information or incentivizing others to do so.
In using our Services, you may not impersonate individuals, groups, or organizations in a manner that is intended to or does mislead, confuse, or deceive others. In using our Services, you may not infringe on others’ intellectual property rights, including copyright and trademark.
In using our Services, you may not post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials or informational announcements.
No portion of the Service may be copied, reproduced, republished, modified, used to create derivative works from, decompiled, reverse engineered, disassembled, uploaded, posted, transmitted, exploited, or distributed in any way without the prior written permission of Silversea (other than as needed for your computer or device to interface with the Service).
You may not interfere with or seek or attempt to do damage to Silversea or the Services provided, including but not limited to compromising the security of our Website and/or circumvent, disable or otherwise interfere with or circumvent the security-related features of our Services or Website. Any unauthorized use or modification of any of the materials available on our Services is a violation of the copyrights and other proprietary rights of Silversea and its licensors.
Children under the age of majority should review these Terms with their parent or guardian to ensure that the child and parent or legal guardian understand it.
You are solely responsible for your use of the Services and for any content you provide through the Services or to Silversea via any other channels, including compliance with applicable laws, rules, and regulations. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the Services and, we cannot take responsibility for such content.
You represent and warrant that you have all necessary rights and licenses required to post information or materials through our Services or communicate information or materials to us, and that the information conveyed is accurate, not misleading, not confidential, not proprietary and not in violation of any contractual restrictions, other third-party rights or applicable laws, nor will it require Silversea to obtain any licenses or pay compensation to any third party. You also acknowledge that Silversea has no control over the extent to which any information or materials may be used by any party or person once it is posted or displayed. Furthermore, you understand that by merely permitting your information, content and materials to appear through our Services, Silversea has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display information.
By using our Services, you understand that you are granting Silversea a perpetual, irrevocable, royalty-free, fully paid, nonexclusive, worldwide license, with no duty to account, to any material you submit for unrestricted use for any purpose, either individually or in combination and both separately and as integrated into other capabilities, including without limitation the right to sublicense or otherwise authorize, implicitly or explicitly, third parties to exercise any or all such rights.
The Services are protected by copyright, trademark and other legal protections. Nothing in the Terms gives you a right to use the Silversea name or any of the registered or unregistered Silversea trademarks, logos, domain names, other distinctive brand features and other proprietary rights. All right, title, and interest in and to the Services (excluding content provided by users) are and will remain the exclusive property of Silversea and its licensors. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names (other than as needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof. These Terms do not license or transfer any rights under the trademarks or other intellectual property rights.
Our Services may contain links to third-party web sites or services that are not owned or controlled by Silversea. Silversea has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party web sites or services. You further acknowledge and agree that Silversea shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services, or any damage caused by accessing such websites, including viruses or other harmful effects.
If you fail, or Silversea suspects that you have failed, to comply with any of the provisions of this Agreement, Silversea may, without notice to you, preclude your access to the Services.
Silversea further reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to you, and Silversea will not be liable to you or to any third party should it exercise such rights.
Following Termination, Silversea will no longer be required to maintain or provide Hosted Data, and users will be unable to retrieve such data.
SILVERSEA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SILVERSEA MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE OR ACTIVITY IN CONNECTION WITH THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY SILVERSEA) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL SILVERSEA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY INJURY, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, SILVERSEA’S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
SILVERSEA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE SILVERSEA FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
SILVERSEA DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE SILVERSEA FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD SILVERSEA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY SILVERSEA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM SILVERSEA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SILVERSEA’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Silversea and its partners from time to time may garner certain information, including but not limited to your name, home/office address, phone number, e-mail address, forms of payment, images and videos uploaded to our servers, cookies, data relating to how you access our Services and other types of information that assist in your use of our Services. In using our Services, you permit Silversea to collect, store and use such information, attempt to correspond with you by mail, phone, text or e-mail and facilitate transactions where payment is required. Customers may submit a request to delete personal data at any time.
“Confidential Information” means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations or becomes public through no fault of the recipient.
In matters of Confidential Information, the recipient will only use the disclosing party’s Confidential Information to exercise the recipient’s rights and fulfill its obligations under these Terms and will use reasonable care to protect against the disclosure of the disclosing party’s Confidential Information. The recipient may disclose Confidential Information only to its Affiliates, employees, agents, partners, service providers or professional advisors (“Delegates”) who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that its Delegates use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement.
Notwithstanding any provision to the contrary in these Terms, the recipient or its Affiliate may also disclose Confidential Information to the extent required by applicable Legal Process; provided that the recipient or its Affiliate uses commercially reasonable efforts to (a) promptly notify the other party before any such disclosure of its Confidential Information, and (b) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (a) and (b) above will not apply if the recipient determines that complying with (a) and (b) could (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; or (iii) lead to death or serious physical harm to an individual.
Silversea and its licensors reserve all rights in and to the Services not expressly granted to you in these Terms.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore. The illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
These Terms, and any documents referred to in it, embodies the entire agreement and understanding between the Parties relating to the subject matter of these Terms, and supersedes all prior agreements and understandings relating to the subject matter hereof.
All rights and obligations of you under these Terms are personal to you and you shall not delegate, assign, sub-license or sub-contract any of those rights and/or obligations to any third party without Silversea’s prior written consent.
No waiver by Silversea of any breach by you of any provision of these Terms shall be deemed to be a waiver of any subsequent breach of that or any other provision of these Terms and any forbearance or delay by you in exercising any of your rights under these Terms shall not be constituted as a waiver thereof.
These Terms are an agreement between you and Silversea Media (S) Pte. Ltd., 1 Sims Lane, #05-05, Singapore 387355. If you have any questions about these Terms, please contact us at info@silversea-media.com.
