Media Track Pte Ltd [Company Registration Number] (“we,” “our,” or “us”) is an international media monitoring outsourcing hub that provides media management and analysis services (“Services”) for media monitoring companies and other entities (each, a “Client”).
We specialise in the conversion of audio, video, digital, and printed media contents (“Media”) to structured and searchable files, through transcription, translation, tagging, labelling, and optical character recognition (“Conversion”). We periodically monitor, capture, filter, and convert Media source contents submitted by our Clients.
We and our Clients enter into separate licence and subscription agreements, where the Clients warrant responsibility for licences and subscriptions necessary for converting the source contents that they submit to us.
Clients can submit their list of source contents by directly uploading materials to our ingestion pipeline or by providing uniform resource locators (Internet Addresses). In cases where a Client provides Internet Addresses, we build tools and processes, such as API connectors, Document Object Model scrappers, and stream recorders, to provide the Services required by the Client.
3.3. Media Source Contents. The Client shall not submit, upload, or provide any media source content the conversion of which will generate data: (i) that includes non-public information, (ii) that includes personal data, or (iii) which it does not own, unless (a) allowed by law, or (b) the appropriate consents, authorizations or licences necessary for its conversion have been obtained. We will not be responsible for such source content submitted, uploaded, or provided by the Client.
3.4. Consequences of Unacceptable Use. We reserve the right to suspend or terminate a Client’s access and use of the Services immediately, and without notice, if we determine that the Client is in violation of this Acceptable Use Policy. Indirect or attempted violations of this Acceptable Use Policy, and actual or attempted violations by a third party on behalf of the Client shall be considered violations of this Acceptable Use Policy by the Client.
4.1. We and/or our licensors own all of the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, designs, and illustrations (“Our Content”).
6.1. All of our trademarks, service marks, and trade names used herein (including but not limited to the MEDIA TRACK name, Media Track Pte Ltd corporate logo, the Website name, the Website design, and any logos) (collectively “Marks”) are our trademarks or registered trademarks or of our affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our Marks in any way, including in advertising or publicity pertaining to the distribution of materials on the Website, without our prior written consent.
6.1. All of our trademarks, service marks, and trade names used herein (including but not limited to the MEDIA TRACK name, Media Track Pte Ltd corporate logo, the Website name, the Website design, and any logos) (collectively “Marks”) are our trademarks or registered trademarks or of our affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our Marks in any way, including in advertising or publicity pertaining to the distribution of materials on the Website, without our prior written consent.
7.1. You must use the Website for lawful purposes only.
11.1. No Representations or Warranties. The Website, its content, services and all text, images, and other information provided herein are provided on an “as is” and “as available” basis without representations or warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
11.2. Without limitation to the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (a) as to the reliability, accuracy, completeness, and validity of any content or material on the Website, (b) that the functions contained on the Website will be secure, uninterrupted or free of errors, (c) that any defects will be corrected, or (d) that the Website or the server(s) that makes it available are free of viruses or other harmful components. Any and all such warranties, conditions, terms, and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Website, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Website is at your sole risk. Through your use of the Website, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. By using the Website, you assume all associated risks.
11.3. No Liability for Indirect or Consequential Losses. To the maximum extent permitted under applicable law, we shall not be liable to any user of the Website or any other person for any direct, indirect, special or consequential loss or damage (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of or related to the use, inability to use, performance or failure of this Website or any materials posted therein, or any information contained therein or stored or maintained by us, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
11.4. Third-Party Service Providers. You acknowledge and agree that your access and use of the Website are dependent on third-party service providers such as internet, network, connectivity, or other link providers. We cannot guarantee the security of such third-party system(s). We are not responsible for any acts or omissions of any third parties and disclaim any and all liability in connection with the acts, omissions, or defaults of such third-parties. Without prejudice to the generality of the foregoing, we are not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using and/or accessing the Website, you expressly relieve us from any and all liability in connection with the acts, omissions, or defaults of such third-parties.
11.5. Liability Implied by Law. For the avoidance of doubt, nothing in this Section 11 excludes, restricts, or modifies any condition, warranty, right, or liability implied into these Terms where to do so is illegal or would render any provision hereof void.
12.1. By using and/or accessing the Website, you agree to indemnify, hold harmless and defend us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, damages, liabilities, costs and/or expenses, including but not limited to attorneys’ fees, arising directly or indirectly from your access of and/or use of this Website, including without limitation, any claims of infringement of a third party’s rights, any assertion and enforcement of our rights under these Terms and any breaches of your obligations under these Terms.
13.1. We may change, update, alter, suspend, or discontinue the Website or its contents, in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend use of or access to all or part of the Website for any reason, including without limitation, breach of these Terms.
13.1. We may change, update, alter, suspend, or discontinue the Website or its contents, in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend use of or access to all or part of the Website for any reason, including without limitation, breach of these Terms.
14.1. There may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right, but are under no obligation, to correct any errors, inaccuracies, or omissions and to change or update information if any information on the Website is inaccurate at any time without prior notice.
15.1. We may change and update the Terms from time to time. If we do, we will post the latest change date on this page. You are responsible for remaining apprised of any revisions to these Terms. By using the Website after the change date, you confirm that you understand and agree to the amended Terms. If you do not agree with any amendment, your only recourse is to discontinue using the Website.
16.1. If you contact us, we reserve the right to communicate with you through electronic mail. Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of your communications, unless required to do so by law or in the good-faith belief that such action is necessary to (a) comply with the law or comply with legal process served on us; (b) protect and defend our rights or property, or the users of the Website; or (c) act in an emergency to protect our personal safety or of the public.
19.1. Our Website is not directed to children. Access to and use of the Website is only for those who are at least at the age of majority or otherwise capable of entering into and performing legal agreements. If you are younger than this, you may not access or use the Website. By using or accessing the website, you represent and warrant that you are at least at the age of majority or otherwise capable of entering into and performing legal agreements.
20.1. Entire Agreement. These Terms and the other agreements incorporated herein set out the entire agreement and understanding between the parties with respect to the Website.
20.2. Severability. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain valid.
20.3. Assignment. You cannot assign these Terms without our prior written consent. We may assign these Terms at our sole discretion.
20.4. No Waiver. Our failure to act with respect to your or others’ breach does not waive our right to act with respect to subsequent or similar breaches.
20.5. Survival. Any provisions of these Terms that impose continuing obligations on the parties, including without limitation, Clauses 3 (Acceptable Use Policy), 5 (Intellectual Property Rights), 6 (Trademarks/No Endorsement), 11 (Limitation of Liability), 12 (Indemnity), and 16 (Communications) shall survive any termination or expiration of the Terms.
20.6. Jurisdiction and Choice of Law. The laws of Singapore govern these Terms. The courts of Singapore have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of the Website and these Terms.
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