Minor using Website
If you are a minor below the age of 18, you are advised to seek parental guidance and consent, as you may not have the legal right to enter a valid and binding contract with Us.
Registration and User Data
Submission of Content
We may provide the means for you to submit information, data, text, software, sound, photographs, graphics, video, messages, tags or other materials (“Content”) to Us. You are solely responsible for any Content that you submit and the consequences of submitting it. You agree not to submit any Content to AACA unless you have received all necessary rights and authorizations to submit such Content, and by submitting said Content, you affirm you have all such rights and authorizations. AACA may, in its sole discretion but without any obligation to search for such Content or remove Content that is alleged to have been submitted in violation of this provision. In addition, AACA may require additional evidence of compliance with this provision from users who are alleged to have submitted Content in violation of the Terms. AACA will, in its sole discretion, terminate the accounts of, and refuse Website to, any user who repeatedly or knowingly violates the Terms.
Use of Content and User Generated Content
You understand that the Content made available in this Website is the sole responsibility of the person from whom such Content is originated. AACA does not control or monitor the Content made available in the Website including any user generated content (“UGC”) and, as such, does not guarantee the accuracy, integrity or quality of such Content and UGC. You understand that by using the Website, you may be exposed to Content and UGC that is offensive, indecent or objectionable. Under no circumstances will AACA be liable to you or any third party in any way for any Content or UGC, including, but not limited to, Content or UGC that is offensive, indecent or objectionable, any errors or omissions in any Content or UGC, or any loss or damage of any kind incurred as a result of the use of any Content or UGC made available via the Website. For the purpose of these Terms, the term “Content” shall include UGC.
Except as expressly provided otherwise by AACA, the Website is for your personal and non-commercial use only. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Website including the Content made available in the Website. You agree to not use the Website to transmit or otherwise make available: (a) any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable or in violation of the rights of another person; (b) any Content that you do not have a right to make available under any law (including intellectual property laws) or under contractual or fiduciary relationships; (c) any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”. or any other form of solicitation; or (d) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You further agree not to: (i) interfere with or disrupt the Website or servers or networks connected to the Website in any manner, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (ii) use the Website to intentionally or unintentionally violate any applicable local, state, national or international law (including but not limited to export control laws); (iii) use the Website to harm minors in any way; or (iv) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to access the Website: (x) by any means other than through the interface that is provided by AACA for use in accessing the Website; (y) through any automated means (including the use of any script, web crawler, robot, spider or scraper); or (z) by forging or manipulating identifiers in order to disguise the origin of any access to the Website. Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content.
You must not download or retain any copy of the Content provided via the Website after viewing it, even if your device is capable of retaining Content in its internal or removable memory. You acknowledge that AACA may or may not pre-screen or monitor Content, but that AACA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse, disable access to or remove, any Content that is available via the Website.
Intellectual Property Rights
The Website, the proprietary software used in connection with the Website (“Software”) and the Content belongs to AACA (and its licensors) and are protected by the intellectual property laws. The brand name “Asian Academy Awards”, the AAA mark, the design of AAA logo, the AAA trophy, “bug”, the name and design of the Website and any other AAA products/services are the exclusive trademarks of, and owned by AAA, and you may not use or display such trademarks in any manner without AAA’s prior written consent. Any third party trademarks or Website marks displayed on the Website are the property of their respective owners. If you provide comments, suggestions or feedback about, or in connection with, the Website to AAA or its site, you hereby grant to AAA a perpetual, irrevocable, non-exclusive, fully-paid-up license to use, reproduce, modify, create derivative works of, make, have made, sell, offer for sale, distribute, import and otherwise exploit such suggestions or feedback in connection with the products, Websites and business of AACA, including the right to sub-license any of the foregoing rights to others.
Liability Disclaimer and Indemnity
The Website, Software and Content are provided to you “as is” basis without warranty whatsoever. AACA and its subsidiaries, affiliates, directors, shareholders, officers, employees, agents, partners and licensors hereby disclaim all warranties with regards to Website, Software and Content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the extent permitted by law, in no event shall AACA be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of, or inability to use, the Website, or any information, software, products, third party dealings, or content obtained or accessed through the Website, whether based on contract, tort, strict liability or otherwise.
You agree to indemnify and hold AACA and its subsidiaries, affiliates, directors, shareholders, officers, agents, employees, partners and licensors harmless from any claims, demands, costs, losses, damages, liabilities, judgments and expenses, including reasonable attorneys’ fees, arising out of or in connection with any claim, action or proceeding by any third party due to or arising out of UGC or Content you transmit or otherwise make available through the Website, your use of the Website, your connection to the Website, your violation of the Terms or your violation of any rights of another person or entity.
Notice and Procedure For Making Claims of Infringement
AACA respects the intellectual property of others, and we ask our users of the Website to do the same. If your work has been used in a way that constitutes copyright infringement under the applicable law, or your intellectual property rights have been violated, please write to Us with the information specified below.
(a) a letter of authority properly signed by the owner (if you are not the owner) authorising you to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Website;
(d) your address, telephone number and email address;
(e) a 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;
(f) a statutory declaration that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may write to Us via email at email@example.com.
In order for proper action to be taken, We may request for more information or forward your notice of alleged infringement to the person(s) who provided Us with the allegedly infringing content.