Version dated on 19 July 2010
These terms apply to your use of the www.bigfoottraveller.com website, and their respective applications and interfaces for mobile devices (collectively, the “Site”).
This Site is brought to you by Green Mussels Investments Singapore Business Registration Number 5314866764.
The Terms of Site Use may be modified by us at any time. When changes are made, we will notify you by making the revised version available on these web pages and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Site Use on a regular basis as revised versions will be binding on you. Any such modification will be effective upon the date of update.
Do not use the Site if you are unwilling or unable to be bound by the Terms of Site Use including any changes thereto.
A “user” is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we”, “us”, and “BFT” refer to “Bigfoottraveller.com”, a Green Mussels Investments Project, registered in Singapore (Registration No: 53148676A) with an office address of 358A Joo Chiat Road, Singapore 427603.
“Content” means text, images, photos, audio, video, and all other forms of data or communication.
“Your Content” means Content that you submit, post, or transmit to, or using, the Site, such as photos, comments, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to, or using, the Site. Your Content does not include the information that you submit in order to create an account on the Site.
“User Content” means Content that users submit, post, or transmit to, or using, the Site. ”
“BFT” Content” means Content that is created by “Bigfoottravellr.com” and made available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than “BFT” or the users, such as data providers who license data to “BFT” for use on the Site.
“Site Content” means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and “BFT” Content.
2. Use of the Site
Subject to the restrictions in these Terms of Site Use, “BFT” grants you permission to use the Site, including the ability to:
(i) search for articles and advertising about business and services,
(ii) read and comments on articles published,
(iii) announce your products or services on Classifieds,
(iv) post messages on Forum.
You will be exposed to User Content and Third Party Content on the Site. You understand that such content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. “BFT” does not endorse User Content or Third Party Content, and cannot vouch for its accuracy.
To use some of the features on the Site, you may be required to create an account and provide information about yourself to us. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. There are two types of accounts:
a. A “Personal Account” is an account for your personal, non-commercial use only, and may be used to submit, post, and transmit comments, ratings, messages, compliments, invitations, commentary, photographs, and other types of User Content. In creating a Personal Account, we ask that you provide complete and accurate information about yourself in order to bolster your credibility as a contributor to the Site, though you may opt instead to provide information that does not make you personally identifiable. Notwithstanding the foregoing, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbour), provide an email address other than your own, or create multiple Personal Accounts.
b. A “Business Account” is an account for use on the Site as a representative of a business that is listed on the Site. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple Business Accounts for the same business.
4. Restrictions on Use
You agree that you will not:
a. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Site;
b. use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
c. use the Site for promotional or commercial purposes, unless expressly allowed to do so by “BFT”;
d. use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
e. use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
f. use the Site to promote bigotry or discrimination against protected classes;
g. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
h. use the Site to transmit or post pornography or illegal content;
i. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
j. use the Site in violation of the Terms of Site Use or any applicable law;
k. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by “BFT”;
l. reverse engineer any portion of the Site,;
m. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or coped off of the Site;
n. record, process, or mine information about other users;
o. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
p. access, retrieve or index the Site to for purposes of constructing or populating a searchable database of business reviews;
q. reformat or frame any portion of the Site;
r. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on “BFT”‘s technology infrastructure;
s. attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses“); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
5. Permission to Use Your Content
a. You grant “BFT” the right to use Your Content for any purpose, including but not limited to the right to reformat it, edit it, publish it, associate it with your account name, incorporate it into other works, create derivative works from it, distribute it, promote it, and license these same rights to third parties for use in connection with other media platforms (“Other Media”).
b. You grant the Site’s users and the users of any Other Media the right to access Your Content in connection with their use of the Site and any Other Media.
c. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.
6. Responsibility for Your Content
a. You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by “BFT”.
b. Because you alone are responsible for Your Content (and not “BFT”), you may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
7. Use of Content
a. “BFT” may or may not use User Content in its sole discretion. For example, we may not display User Content if we believe it violates the Terms of Site Use. In addition, please note that we have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
b. “BFT” and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
8. Content Feeds
“BFT” makes some of the Site Content (the “Feed Content“) available via Real Simple Syndication and Atom feeds (the “Feeds“). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog, provided that (a) your use of the Feeds is for personal, non-commercial purposes only, (b) your display of the Feed Content links back to the relevant pages on the Site and attributes “BFT” as the source of the Feed Content, (c) your use or display of the Feed Content does not suggest that “BFT” promotes or endorses any third party causes, ideas, web sites, products or services, (d) you do not redistribute the Feed Content, and (f) your use of the Feeds does not overburden “BFT”‘s systems. “BFT” reserves all rights in the Feed Content and may terminate the Feeds at any time. Please contact our business development team through our contacts page here to inquire about other possible uses of the Feeds.
9. Site Availability
“BFT” reserves the right (but is under no obligation) to modify, update, or discontinue the Site at its sole discretion, at any time, for any or no reason, and without notice or liability.
10. Unauthorized Access
“BFT” reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
a. Dissatisfaction. If you are dissatisfied with the Site, please let us know by providing feedback to the customer support team through our contacts page here. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Site Use, (iii) any policy or practice of “BFT” in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate the Terms of Site Use and your account.
b. Suggestions and Improvements. By sending us any ideas, suggestions, documents and/or proposals (“Feedback“), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
“BFT” owns the “Bigfoottraveller.com” Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. “BFT” also owns the copyrights, trade marks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the “BFT” Content and the Site, which are protected by copyright, trade dress, patent, trade mark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of the “BFT” Content in whole or in part except as expressly authorized by “BFT”. Except as expressly and unambiguously provided herein, “BFT” does not grant you any express or implied rights, and all rights in and to the Site and the “BFT” Content are retained by “BFT”.
14. Dispute Policy
“BFT” will (i) respond to notices of alleged copyright infringement that comply with the following procedures; and (ii) terminate the accounts of those determined by “BFT” to be “repeat infringers”.
a. Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to the address for infringement notifications set out in Paragraph 15(b) below, detailing the alleged infringement. Your written notification must include:
1. Identification of the copyrighted work that you claim has been infringed;
2. Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit “BFT” to locate such Content;
3. A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
5. Your physical or electronic signature, together with your contact information (address, telephone number and email address).
Please note that “BFT” may, at its sole discretion, send a copy of such notices to third parties for publication.
b. Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that Content has been mistakenly removed from the Site pursuant to this takedown policy, you may send a written counter-notice including the following:
1. Identification of the Content that was removed, and the location on the Site where it would have been found prior to its removal;
2. A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification; and
3. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
c. Address for infringement notifications. For copyright notifications, please contact us here and select “Questionable Content” in the drop-down menu, and completing the remainder of the form in a manner that complies with the notification requirements outlined above.
a. “BFT” may terminate or suspend your account or ability to use the Site, in whole or in part, at “BFT”‘s sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you breach the Terms of Site Use or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
b. You may terminate the Terms of Site Use at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing “BFT” with a notice of termination here under the drop-down heading “Help me use “BFT”” with the sub-topic “Close my account”.
c. In the event of any termination, whether by you or us, Paragraphs 6, 8, 12, 13, 14, 15, 16, 17, 18 and 20 of the Terms of Site Use will continue in full force and effect, including “BFT”‘s rights with respect to Your Content, as detailed in Paragraph .
16. Warranties, Disclaimers, and Limitations of Liability
a. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. “BFT” MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. “BFT” FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM “BFT” OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
b. “BFT” DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF “BFT” OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
c. “BFT” FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
d. “BFT” ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH “BFT” RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND THEM.
e. “BFT”‘S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO “BFT” IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) S$100.00.
f. NOTWITHSTANDING THE FOREGOING, NEITHER PARTY’S LIABILITY IS EXCLUDED OR LIMITED BY THESE TERMS OF SITE USE IN CONNECTION WITH ANY OF THE FOLLOWING: (A) DEATH OR PERSONAL INJURY CAUSED BY “BFT”‘S NEGLIGENCE OR THE NEGLIGENCE OF “BFT”‘S EMPLOYEES OR AGENTS; OR (B) FRAUDULENT MISREPRESENTATION.
You agree to indemnify and hold “BFT”, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Site Use, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. “BFT” reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of “BFT”. “BFT” will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
18. Third Parties
a. The Site may include links to other websites (each, a “Third Party Site“). “BFT” does not control or endorse any Third Party Site, and you agree that “BFT” is not responsible for the availability or contents of such Third Party Sites.
b. Some of the Third Party Content, including some of the business listing information and business photos on the Site, is the proprietary and copyrighted work of the third party content provider. You may not distribute, sell, rent, sublicense, or lease such Third Party Content, in whole or in part to any third party; and you may not use it for any other purpose other than your personal, non-commercial use.
a. These Terms of Site Use shall be governed and interpreted in accordance with Singapore law, and you consent to the non-exclusive jurisdiction of the Singapore courts.
b. No agency, partnership, joint venture, or employment is created as a result of the Terms of Site Use, and you do not have any authority of any kind to bind “BFT” in any respect whatsoever.
c. “BFT” may provide you with notices, including those regarding changes to the Terms of Site Use by email, regular mail or postings on the Site.
d. Except as otherwise stated in Paragraph 19 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
e. The Terms of Site Use contain the entire agreement between you and “BFT” regarding the use of the Site, and supersede any prior agreement between you and “BFT” on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Site Use.
f. The failure of “BFT” to exercise or enforce any right or provision of the Terms of Site Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
g. If any provision of the Terms of Site Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Site Use shall otherwise remain in full force and effect and enforceable.
h. The Terms of Site Use are not assignable, transferable or sublicensable by you except with “BFT”‘s prior written consent, but may be assigned or transferred by “BFT” without restriction. Any assignment attempted to be made in violation of the Terms of Site Use shall be void.
i. The section titles in the Terms of Site Use are for convenience only and have no legal or contractual effect.