Terms and Conditions
These terms and conditions (“Terms and Conditions”) constitute a binding legal agreement between you and Rainmaking Innovation (SG) Pte. Ltd., a company with registered office at 160 Robinson Road, #14-04 Singapore (068914), and the other companies in its group including Rainmaking Innovation Japan LLC, governing your access to and use of this website (“Site”) and its contents.
By accessing, browsing, reviewing and/or using this Site, you acknowledge and agree that you have read, understood and agree to be bound by these Terms and Conditions without limitation or qualification. Do not continue to use this Site if you do not accept all of these Terms and Conditions.
We may, in our sole discretion, revise, amend or delete portions of these Terms and Conditions at any time without notice to you. It is at all times your responsibility to read the most current version of these Terms and Conditions. Your continued use of this Site constitutes your acceptance of any revisions, amendments or deletions to these Terms and Conditions.
Accessing and using this Site
Subject to your ongoing compliance with these Terms and Conditions, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, freely revocable licence to access and use this Site solely for your personal, non-commercial and lawful purposes provided that you maintain all copyright, trademark and other intellectual property notices therein. Further, we do not grant you permission, by implication, estoppel or otherwise, to state or suggest that we promote or endorse any third party’s political views, ideas, causes, products or services. All other rights are hereby expressly reserved.
Your use of this Site, including all features and functionalities associated therewith, shall be in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service, IP or content. You shall comply with these Terms and Conditions and shall not: (i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works of, offer for sale, or use, any IP, content or information contained in or obtained from or through the Site; (ii) delete the copyright or other proprietary rights notices from this Site, or any IP or content; (iii) circumvent, remove, alter, deactivate, degrade or thwart any of the IP or other protections enabled on this Site; (iv) use any robot, spider, scraper or other automated means to access this Site; (v) decompile, reverse engineer or disassemble any software or other products or processes accessible through this Site; (vi) insert any code or product or manipulate this Site in any way; (vii) use any data mining, data gathering or extraction method; (viii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with this Site, including any software viruses or any other computer code, files or programs; (ix) remove, modify, disable, block, impair, or obscure any advertising in connection with this Site; or (x) use or encourage the use of this Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
We shall have the right to alter, suspend or discontinue this Site or your access to or use of this Site at any time for any reason without notice or liability to you or any third party. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your systems, software, data or operations for which we shall not take on any liability.
The trademarks, service marks, logos and trade names (“Trademarks“) used and displayed on this Site are our registered and unregistered Trademarks. Other trademarks, service marks, logos and trade names may be owned by others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Trademark or any of our intellectual property displayed on this Site save as set out under the section “Linking to our content”.
The intellectual property rights in all materials, features and functionality on this Site, including text, graphics, videos, audio recordings, software, algorithms, artwork, interfaces, photographs, logos, icons, and images and the selection and arrangement thereof along with any enhancements to or derivative works thereto (collectively, “IP“), is our exclusive property or that of our licensors. Save as set out under the section “Linking to our content”, none of the IP shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission or that of the intellectual property owner in each instance. You shall not “mirror” or “frame” any IP or this Site itself, in whole or in part, without our express written permission. Any unauthorised use of the IP may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All rights not expressly granted are hereby reserved. You shall be solely responsible for ensuring that any information or IP obtained from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, data or operations.
- Certain parts of this Site offer the opportunity for users to post and exchange opinions, information, material and data (“Comments”). We do not screen, edit, publish or review the Comments prior to their appearance on this Site. We do not represent or endorse the accuracy or reliability of any Comments displayed, uploaded, posted or otherwise distributed through this Site by any user of this Site, information provider or any other third party. We expressly disclaim any and all liability related to the Comments, and you acknowledge and agree that any reliance upon such Comments shall be at your sole option, liability and risk.
- You covenant that you shall not post, submit, share or otherwise publish on this Site any materials or Comments that: (i) are offensive, threatening, libellous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties, or otherwise be unlawful; (iv) contain a computer virus or other destructive element; (v) contain advertising or promotion; or (vi) constitute or contain false or misleading statements. We, in our sole discretion, reserve the right to refuse to post and the right to remove any information or Comment from this Site, in whole or in part, for any reason.
- You acknowledge and agree that we own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all Comments that you post, submit, share or otherwise publish on this Site. You hereby waive any and all claims against us for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with our use and publication of such Comments. This means that anything posted, submitted, shared or otherwise published by you to this Site shall be owned by us and may be used, modified and reproduced by us for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event our ownership of such Comments is successfully contested, you automatically grant us a perpetual, royalty-free, non-exclusive, sublicensable, transferable, unrestricted, worldwide and irrevocable right and licence to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Comments, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. In addition, you hereby waive all claims against us for any actual or alleged violation of any privacy or publicity rights, moral rights or rights of attribution or infringement of intellectual property rights in any way arising from or relating to the Comments.
Linking to our content
- The following organisations may link to this Site without our prior written approval:
- Government agencies;
- Search engines;
- News organisations;
- Online directory distributors when they list us in the directory may link to our Site in the same manner as they hyperlink to the web sites of other listed businesses; and
- Systemwide Accredited Businesses (except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups) may not link to this Site.
- The permitted organisations above may link to our home page, publications, or other information on the Site so long as the link and linking: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; (c) fits within the context of the linking party’s site; and (d) is lawful.
- We may consider and approve, in our sole discretion, link requests from the following types of organisations, subject to the conditions in section 2 above:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
- If you are among the organisations listed in paragraph 3 above and are interested in linking to this Site, send us your request by e-mail to firstname.lastname@example.org. Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address), as well as, the URL of your site, a list of any URLs from which you intend to link to this Site, and a list of the URL(s) on this Site to which you would like to link. Allow 2-3 weeks for a response.
- Approved organisations may hyperlink to this Site in the following manner:
- by use of our corporate name;
- by use of the uniform resource locator (Web address) being linked to; or
- by use of any other description of this Site or material being linked to that makes sense within the context and format of content on the linking organisation’s site.
- Except for the above or if Parties enter into an appropriate licence agreement, you are prohibited from using our Trademarks for linking or any other purpose, including promotional or advertising purposes, or for the purpose of influencing a third party. We reserve the right, at any time and in our sole discretion, to require you to remove all links, or any particular link, to this Site. You agree to immediately remove all relevant links to this Site upon issuance of our notice to cease linking.
We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your website.
No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Without our prior written approval, you may not create frames around this Site or use other techniques that alter in any way the visual presentation or appearance of this Site.
Links to third-party websites
We make no representation whatsoever about any other website which you may access through this Site. When you access a third-party website, please understand that it is independent from us, and that we have no control over the content on that website, even if we provide information or services to the owner of that website. In addition, a link to a third-party website does not mean that we endorse or accept any responsibility for the content or the use of such a website. We disclaim any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
If you find any link on this Site objectionable for any reason, you may contact us at email@example.com about this. We will consider requests to remove links, but will have no obligation to do so or to respond directly to you.
Disclaimer of warranties
THIS SITE, INCLUDING ALL IP AND CONTENT THEREIN, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT REPRESENT OR WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE, RELIABLE OR UP TO DATE; (2) THE FUNCTIONS CONTAINED ON THIS SITE SHALL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS SHALL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Limitation of liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OR ANY OF OUR PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND ADVISORS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES) THAT DIRECTLY OR INDIRECTLY RESULT FROM THE LINKING OF, USE OF, OR THE INABILITY TO USE, THIS SITE OR THE IP, INFORMATION, CONTENT, COMMENTS, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED OR CONTAINED ON THIS SITE OR OTHERWISE OBTAINED FROM OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THIS SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR OR ANY OF OUR PREDECESSORS’, SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE SINGAPORE DOLLAR (S$1).
You hereby indemnify, defend, and hold harmless, us and our predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, attorneys and advisors and their respective heirs, successors and assigns (collectively, the “Indemnified Parties“) from and against any and all liability and costs, including, without limitation, reasonable legal fees, incurred by any or all the Indemnified Parties in connection with any claim arising out of or relating to: (i) your access to or use of this Site, or (ii) any breach by you of these Terms and Conditions or the representations, warranties, and covenants you have made by agreeing to these Terms and Conditions. You shall cooperate as fully as reasonably required in the defence of any such claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
Governing law and jurisdiction
These Terms and Conditions shall be governed by the laws of Singapore, without regard to any conflict of laws principles. The Parties agree to the exclusive jurisdiction of the Courts of Singapore.
These Terms and Conditions constitute the entire agreement between the Parties with respect to the subject matter of these Terms and Conditions, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any amendment or waiver of any provision of these Terms and Conditions shall be effective only if in writing and signed by us. Any failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of a future breach of that or any other provision of these Terms and Conditions.