Terms of Service
1. ACCEPTANCE OF TERMS
1.1 By using and accessing http://www.tykoonre.com
(the “Website”), you conclude a legally binding agreement with us, Tykoon Real Estate (“we”
or “us”), the owner and administrator of the Website.
2. USE OF THE WEBSITE
2.1 You agree to comply with the Policy of acceptable use by using the Website. We may remove or delete any content that you have provided on the Website if we, in our absolute discretion, suspect that you have violated the Policy of acceptable use.
2.2 In carrying out any transactions with us on or in relation to the Website or registering an account with us on the Website, you warrant that:
• you are above 21 years of age;
• you are using your actual identity;
• the personal data that you have provided to us are true, accurate, complete, and current; and
• you will maintain and promptly update your personal particulars and ensure that such information is kept true, accurate, complete, and current.
2.3 Children (users below the age of 21 years) are not eligible to use the Website or provide any personal data on the Website unsupervised. If you are below 21 years of age, you may use the Website and/or provide any personal data on the Website only after you have obtained consent from your parents/legal guardian or if you are under the supervision of your parent/legal guardian.
2.4 In the event that we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you acknowledge that you are fully responsible for maintaining the confidentiality of your password, and all activities occurring under your account.
2.5 You agree to notify us of any breach of security of your password.
2.6 We will not be liable for any loss or damage arising from your failure to comply with this Clause 2.
3.1 By using and accessing the Website, you will be exposed to information, data, text, software, photographs, graphics, video, messages or other materials that we and/or other users of the Website upload, post, email, transmit or otherwise make available on the Website whether publicly or privately.
3.2 You understand material may be offensive, indecent or objectionable.
3.3 You understand that material may only be used for the your own and non-commercial use, and not for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction or circulation to someone else in the same company or organisation, and not for posting to other websites or forums, newsgroups, mailing lists, electronic bulletin boards, or Internet Relay Chats operated by other websites.
3.4 You agree not to reproduce, display or otherwise provide access to the Website or on another website or server.
3.5 We are, under no circumstances, liable for any material, including but not limited to, any errors or omissions in any material, or for any loss or damage of any kind incurred as a result of the use of any material posted, emailed, transmitted or otherwise made available on the Website.
4. DISCLAIMER OF WARRANTIES
4.1 Your use of the Website is at your sole risk. We disclaim all warranties of any kind, whether express or implied.
4.2 We reserve the right at any time and from time to time to modify and discontinue, temporarily or permanently, any services of the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of such services.
4.3 We make no warranty that:
• the Website will meet your requirements;
• the Website will be uninterrupted, timely, secure and error-free;
• any results that may be obtained from the use of the Website will be accurate or reliable; and
• the quality of any products, services, information or other material purchased or obtained by you through the Website will meet your expectations.
4.4 We cannot and do not endorse, and cannot be responsible for, the messages, views, opinions, research and recommendations of individuals, users, and organisations of deemed interest, or advocate any patronage of any particular service provider, course of treatment or commercial dealings in any securities, investments or classes of securities or investments nor does the inclusion on the Website of a link to other website(s) or resources imply any form of endorsement by us.
4.5 We do not actively review or edit the messages, views, opinions, research and recommendations of users, even if such messages, views, opinions, research and recommendations are made by the users using the Website. While the information on the Website has been obtained from sources believed to be reliable, none of the data, news, information, reports or opinions nor any of the recommendations (if any) has been customised for any specific person or class of persons. Therefore, please use the Website at your own risk.
4.6 By making available information and data on pursuant on the Website, including facts, views, opinions and recommendations of individuals and organisations of deemed interest, we and our content providers are not giving or purporting to give or representing or holding themselves out as giving financial, investment, tax, legal and other professional advice. You shall always seek the relevant professional advice before otherwise making any such decisions.
4.7 We may monitor or review any areas on the Website where you transmit or post communications for the purpose of promoting its efficiency, usefulness and appropriateness of use. However, we do not undertake to monitor or review every posting or communication, and we disclaim any and all liability relating to all materials, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
6. LIMITATION OF LIABILITY
6.1 We shall not be liable to you for any direct, indirect, incidental, special, consequentialses or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
• the use or the inability to use the Website;
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website;
• unauthorized access to or alteration of your transmissions or data;
• statements or conduct of any third party on the Website; and
• any other matter relating to the Website.
6.2 Any claim of any nature whatsoever by either party against the other party and any action against the other party must be commenced within 2 years after the date on which the cause of action arises, following which the aggrieved party shall have no further claim whatsoever against the other party.
8. COPYRIGHT INFRINGEMENT POLICY
8.1 If you believe that your copyright has been infringed, please complete our standard notice of infringement (PDF available here http://www.tykoonre.com/contact
8.3 Within 4 weeks of receipt of a compliant notice of infringement, we will take the actions described below:
• expeditiously take reasonable steps to remove or disable access to the allegedly infringing electronic copy; and
• after removing or disabling access to the allegedly infringing electronic copy, expeditiously take reasonable steps to notify the user who had made that content available (“Content Owner”) via the contact details that the user has provided to us. In doing so, we will also provide the Content Owner with a copy of the notice of infringement.
8.4 If the Content Owner provides a counter-notice, and this counter-notice is provided to us within 4 weeks of the date that we notify the Content Owner of the removal or disabling of access to the allegedly infringing content (“Notification
• we will expeditiously take reasonable steps to restore, or to restore access to, the allegedly infringing content, if it is technically and practically feasible to do so; and
• if, before we complete the necessary steps to restore, or to restore access to, the allegedly infringing content (where it is technically and practically feasible to do so), the owner of the copyright in question commences proceedings to prevent the restoration of, or the restoration of access to, the allegedly infringing content, and we are informed of such proceedings, we will cease such steps to restore, or to restore access to, the allegedly infringing content.
8.5 If the Content Owner does not provide a counter-notice within 4 weeks of the Notification Date, we will take no further action and we will consider the case to be closed.
9.1 We may, under certain circumstances and without prior notice, at our sole discretion immediately terminate your account (if any). Cause for such termination shall include without limitation:
• request by law enforcement or other government agencies;
• self-initiated account deletions;
• infringement of intellectual property rights of others;
• discontinuance or material modification to the services on the Website, or part thereof;
• unexpected technical or security issues or problems; or
• extended periods of inactivity.
9.2 Termination of your account shall result in:
• removal of access to and barring of further use to all offerings of the Website that are associated with such account; and
• deletion of your password and all related information, files and content associated with or inside your account (or part thereof).
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Upon your upload of any images, photographs, and/or listing descriptions onto the Website (the “Content”), you shall give us a worldwide, royalty-free, irrevocable license to use, store, host, reproduce, modify, adapt, watermark, communicate, publish, publicly perform, publicly display, create derivative works, and distribute the Content. By uploading the Content, you warrant that you own the copyright of the Content and thus have the requisite rights to license it to us as stated. We shall have the right to watermark the photographs within the Content and the copyright in the final watermarked photographs shall belong solely to us. All other names, products and marks mentioned are the intellectual property rights of their respective owners. No materials provided through the Website, including text, graphics, code, ratings, rankings, databases, aggregated information, material and/or software may be reproduced, modified, adapted, distributed, published, displayed, uploaded, posted, transmitted or hyperlinked in any manner and in any form without our express, prior written approval, and the approval of the respective copyright and trade mark holders. The Website and material are for your personal use only, and you may not engage in any dealings with other parties regarding such services and contents. Such dealings include commercial dealings and dealings which will adversely affect the commercial value of the Website.
11.3 Any account that you may have with us is not transferrable and any rights to such account will terminate upon your death. Upon receipt of a copy of your death certificate, your account will be terminated and all content that you have generated in your account will be permanently deleted.