Responsibilities and Indemnification
You agree that you are wholly responsible for the digital content stored in your account for any of Services. You are responsible for ensuring that your usage of our Services are compliant with Singapore laws, and do not contain, provide nor are affiliated, but not limited, to internet gambling, pornography, spam services, pirated content, fraud, and hacking. Illegal content discovered by us will be removed without prior notification. If such illegal content infringes on copyright and directly or indirectly leads to legal action by the claiming party or parties, you agree to indemnify ConceptLane against any damages.
Fair Use Policy
Should your content attract high levels of viewership and leads to the starvation of resources such that we are unable to provide adequate resources for other customers, we reserve the right to throttle or even suspend your account without prior notification. If you are unable or opt not to upgrade to a Service that will provide more resources for the continued delivery of your content, we will continue to activate the afore-mentioned throttling or suspension meaasures as required. The lifting of the activated measure will be determined by us, and the time period between activation and lifting of the measure will increase with each recurrent activation.
Limitation of Liability
IN NO EVENT WILL CONCEPTLANE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, ANY PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (i) THESE TERMS; (ii) THE SERVICES; (iii) THE USE OF OR INABILITY TO USE THE SERVICES; (iv) ANY CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY ON OR IN CONNECTION WITH THE SERVICES; OR (v) ANY CONTENT, GOODS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES (WHETHER ONLINE OR OFFLINE) BY US OR ANY OTHER USER OR OTHER THIRD PARTY. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE TOTAL AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY PROVIDED ABOVE APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CONCEPTLANE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS PROVIDED ABOVE IN SUBSECTIONS 13.1 AND 13.2 MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE OTA PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
These Terms, and the rights and obligations of you and us under these Terms, will be governed by and construed in accordance with the laws of Singapore, without regard to conflict of laws provisions, and without regard to your state or country of residence. You agree that any claims, actions or disputes involving you and us arising out of or related to these Terms or the Services must be resolved exclusively in a court located in Singapore whether or not any third parties are involved. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located Singapore, for the purpose of litigating all such claims, actions or disputes, and you expressly waive any objection as to inconvenient forum. To ensure that disputes are dealt with soon after they arise, you agree that regardless of any law to the contrary, each claim or cause of action you may have against us arising out of or related to these Terms or the Services must be filed within the applicable statute of limitations or, if earlier, one (1) year after such claim or cause of action arose, or else such claim or cause of action will be permanently barred.