SwiftFederation

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THIS AGREEMENT CONTAINS PROVISIONS REQUIRING THAT YOU AGREE TO THE USE OF ARBITRATION TO RESOLVE ANY DISPUTES ARISING UNDER THIS AGREEMENT RATHER THAN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS, AND TO WAIVE YOUR PARTICIPATION IN CLASS ACTION OF ANY KIND AGAINST CONVERSANT.

We are Conversant Solutions Pte Ltd (‘Conversant, 'we’, 'us’, or 'our’), a company registered in Singapore. This Agreement forms a binding agreement between Conversant and you and governs your access to and use of the Site and/or Services (as defined below). Please note that this Agreement includes and incorporates by reference our Privacy Policy accessible here (‘Privacy Policy’).We operate the website: https://www.swiftfederation.com (the ‘Site’, as well as any other related products and services that refer or link to this agreement (the ‘Agreement') (collectively, the 'Services'). You can contact us by email at: support@conversant.tv (“Email”).

This Agreement constitutes a legal binding agreement made between you, whether personally or on behalf of an entity (‘you’), and Conversant Solutions Pte Ltd, concerning your access to and use of the Services, and has the same force and effect as if it were executed in writing between you and Conversant. You agree that by accessing the Services or clicking the “Sign Up”, “Sign In”, “Verify Email Address”, “Send Token” or an equivalent button, you have read, understood, and agree to be bound by all of this Agreement and the Privacy Policy. IF YOU DO NOT AGREE WITH THIS AGREEMENT AND THE PRIVACY POLICY, ARE NOT OF LEGAL AGE, OR DO NOT HAVE SUCH CAPACITY TO ENTER INTO THIS AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY.

We reserve the right to modify or amend this Agreement at any time and in our sole discretion and without any liability to you. We will make commercially reasonable efforts to notify you of any such modification or amendments, including sending an email to the email address linked with your account. The modified or amended Agreement will become effective upon posting on the Site. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms of this Agreement.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you print a copy of this Agreement for your records. By accepting this Agreement, you affirm and guarantee that your use of the Services complies with all applicable laws and regulations.

In the event of any conflict or inconsistency between this Agreement and any additional terms (including the Terms of Use) applicable to the Services, this Agreement shall govern and prevail.

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the 'Marks’).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world and we hold and reserve all intellectual property rights for all Content and Marks.

Subject to the terms and conditions of this Agreement, Conversant grants you a limited, revocable, non-exclusive, non-transferrable, non-sublicensable and non-assignable license to access and use the Services, solely for the purposes intended by Conversant. You do not acquire any rights, title or interest in or to the Services, other than a right to use the Services in accordance with the limited license granted hereunder and subject to all terms, conditions and restrictions, under this Agreement. Conversant reserves and shall retain its entire right, title, and interest in and to the Services, including all intellectual property rights therein or relating thereto.

You may not use such Content in any way that is not necessary or implied for the proper use of the Services. Specifically, but without limitation, you may not copy, download, share, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, assign to third parties, or create derivative works from the Content on our website. You also cannot allow any third party to do so through your account or device under any circumstances.

Where explicitly stated, you may download, copy, and share some content from our website for personal and non-commercial use, provided you correctly implement copyright and other required attributions.

Any statutory limitations or exceptions to copyright remain unaffected.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from locations other than Singapore do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

To use the Services, you are required to register or create an account by providing us with including your first name, last name, phone number, billing address, company name, e-mail address, password or such other details as may be required by Conversant from time to time (“Account”).

In creating an account, you agree to:

(a) provide true, accurate current and complete information about yourself and the entity you represent (the “Registration Data”);

(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and

(c) not create an Account using any false identity or information, or on behalf of someone other than yourself.

You acknowledge and agree that you shall be solely responsible for maintaining the confidentiality, safety and security of your Account, and shall not allow another person to use your Account to access the Services. You shall immediately notify Conversant via our Email if you suspect or become aware of any unauthorised use of your Account or any other breach of security. Notwithstanding the foregoing, you acknowledge and agree that all actions taken on, and all operations of, the Services that occur under or through the use of your Account or password (including any payments or purchases made) shall be attributable to you, and you shall be solely responsible for all such actions. To update your personal details, please contact us via our Email or directly update the information under your account profile page on the Site.

Conversant shall not be liable to you for any harm or loss arising from or relating to the theft of your Account, your disclosure of your Account, or the use of your Account by another person or entity.

By granting third-parties access to your Conversant account (e.g., through sharing your API token or using OAuth), you assume all risks associated with such access. Conversant is not liable, directly or indirectly, for any harm, damages, losses, lost profits, special or consequential damages, or claims resulting from this permission. You understand and accept that allowing a third-party access to your account may enable them to view, alter, or delete your account data and settings.

You must immediately inform us via our Email if you believe your personal information, account, or login details have been violated, disclosed, or stolen.

Registration of Accounts on our Site is subject to the conditions outlined below. By registering, you agree not to register any account by using bots of any other automated methods.

Paid Services may be offered to you on a subscription basis for the duration you selected during the initial sign-up process or first use (“Subscription Term”). Unless cancelled through the Account dashboard before the next billing date, all subscriptions to Paid Services with a Subscription Term will automatically renew for the same duration as the initial term. You will be billed at the prevailing rates at the time of renewal, along with any applicable fees for usage exceeding the limits of the initial Subscription Term.

If you wish to close your Account and stop using our Services, you may do so anytime either: (i) directly through the Services’ account dashboard or (ii) by contacting us via our Email. All account termination and closures will be subject to paragraph 5.3.

We reserve the right to terminate, suspend, delete or revoke access to your account at any time and without notice if we find it inappropriate, offensive, or in violation of the terms in this Agreement, including without limitation paragraph 7 below.

Terminating, suspending or deleting accounts does not entitle you to claim for any compensation, damages, or reimbursement from Conversant.

The suspension or deletion of accounts due to causes attributable to you does not exempt you from paying any applicable fees or prices.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to or permit third parties to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein;
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
Use any information obtained from the Services in order to harass, abuse, or harm another person;
Make improper use of our support services or submit false reports of abuse or misconduct;
Use the Services in a manner inconsistent with any applicable laws or regulations;
Engage in unauthorised framing of or linking to the Services;
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
Delete the copyright or other proprietary rights notice from any Content;
Attempt to impersonate another user or person or use the username of another user;
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs’), 1 x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms' or 'pcms');
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software;
Use a buying agent or purchasing agent to make purchases on the Services;
Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise;
Sell or otherwise transfer your profile or account to other third parties;
Impersonate any person or party (including through the use of another user’s username) or falsely declare, distort or misrepresent your affiliation with any person or party;
Make the Services or the Customer Agreements available to, or use the Services or the Customer Agreements for the benefit of anyone other than yourself;
Rent, lease, lend, sell, resell, sublicense, assign, distribute, publish, or lease the Services (or any part thereof) or otherwise make available to any third party for any reason, or include the Services in a service bureau, time-sharing, or outsourcing offering;
Access the Services in order to build a competitive product or service or otherwise to compete with Conversant;
Attempt to probe, scan, or test the vulnerability of the Services, any Conversant system or network or breach any security or authentication measures, or otherwise attempt to benchmark the Services or Conversant’s performance of any Services;
Upload, store on, or transmit or make available through the Services any harmful code or unlawful content; and
Use the Services in violation of any applicable federal, state, local, or international laws or regulations, including laws governing the export of data or software to and from the United States or other countries, including the laws of Singapore.

Conversant reserves the right (but has no obligation to), at its sole discretion, to block Content that it deems illegal, harmful, or in violation of these Agreement. Illegal or harmful content may include, but is not limited to:

You and your end users retain full rights, ownership, and interest in any data, content, code, videos, images, or other materials transmitted to or through the Services (collectively, “Customer Data”) in the form provided to Conversant. In accordance with this Agreement, you hereby grant us a non-exclusive, royalty-free, worldwide right, with the ability to sublicense, to collect, use, copy, store, transmit, modify, and create derivative works of Customer Data as necessary to:

(a) provide the Services to you;

(b) perform Conversant’s obligations under this Agreement and/or the Site Terms of Use;

(c) engage with third party data sharing providers as may be necessary to provide the Services to you; and

(d) monitoring and improving the performance of the Services and other internal business purposes of Conversant.

You represent and warrant that:

(a) When you upload or make available any Customer Data, you thereby represent and warrant that:

(i) You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us to use your Customer Data in any manner for the provision of our Services to you pursuant to this Agreement;

(ii) You have the written consent, release, and/or permission of each and every identifiable individual person in your Customer Data to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Customer Data in any manner contemplated by the Services and this Agreement;

(iii) Your Customer Data do not otherwise violate, or link to material that violates, any provision of this Agreement, or any applicable law or regulation.

(b) You represent and warrant that you own or have the legal right and authority and will continue to own or maintain the legal right and authority, to grant to Conversant the license set forth above.

You acknowledge and agree that:

(a) Conversant shall have no obligation to monitor Customer Data transmitted by you through the Services, and that Conversant shall not be responsible for such Customer Data; and

You agree that any use of the Services in violation of this paragraph 3.3 will constitute a material violation of this Agreement and may result in, among other consequences, termination or suspension of Account and/or your rights to use the Services.

Conversant may modify certain components of Customer Data on or transmitted to or from your internet properties (including your domains and websites) or scan your infrastructure and related configurations to enhance your website’s performance or security or the functionality of the Services. For example, depending on the Services you select or the applications that you enable, Conversant may:

Intercept requests determined to be threats and take actions, such as, presenting them with a challenge page, dropping the request, presenting alternative content, redirecting and other similar measures;
add cookies to your domain to track visitors, such as those who have successfully passed the CAPTCHA on a challenge page;
add scripts to your pages to perform additional performance tracking;
add firewall rules to your website;
scan your infrastructure to identify supported protocols in order to enhance your Internet Properties’ security; and
make other changes to increase the performance, security, or analytic capabilities of your website. Conversant will make it clear whenever a feature will materially modify Customer Content and, whenever possible, provide you a mechanism to allow you to disable the feature.

Conversant retains full rights, ownership, and interest in all models, observations, reports, analyses, statistics, databases, and other information created, compiled, analysed, generated, or derived from server, network, or traffic data produced by Conversant while providing the Services (‘Network Data’). Conversant is entitled to use Network Data to support the provision, maintenance, development, and improvement of its Services. Furthermore, Conversant may monitor and review traffic on its network, including related logs, as needed to perform the Services or safeguard the security and integrity of its network. If any Personal Data is included in the Network Data, Conversant will process it in compliance with applicable data protection laws.

We may periodically offer free or trial versions of the Services (‘Free Services’). Each Free Service will be available to you at no cost until the earliest of:

the end of the applicable free trial period for which you registered;
the start date of your Subscription Term for the Paid Services version of the Free Service; or
the termination of the Free Service by Conversant at its sole discretion.

Conversant assumes no liability for any harm or damages resulting from or related to the use of Free Services.

You acknowledge and agree that to access and use the Services, you will need access to the Internet, and a mobile phone, a tablet, or other compatible computing devices capable of accessing the Internet and compliant with the specifications set forth in the applicable user Agreements (“User Device”). In addition, certain third-party software which is not incorporated into the Services (including the operating system of the User Device and web browsers) (“Third-Party Software”) may be required to be properly installed onto such User Device for you to access and use the Services. You shall be fully responsible for obtaining Internet access, User Devices and entering into and maintaining the end user license agreement for Third-Party Software at your own cost, expense and risk. Your use of such separately acquired Third-Party Software and/or the User Device shall be in accordance with any applicable terms and conditions.

The Services may contain (or you may be sent via the Site) links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.

To access Services that require a fee (‘Paid Services’), you must provide Conversant with your credit card information (‘Payment Method’). The Payment Method you provide must be valid and remain up to date throughout the Subscription Term. Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel the applicable subscription plan. The length of your billing cycle will depend on the type of subscription plan you chose when you subscribed to the Services.

We may, from time to time, make changes to the subscription fee and will make all commercially reasonable endeavours to communicate any price changes to you in advance (e.g. through your registered email) in accordance with applicable law. You continued use of our Services following such communications shall constitute your acceptance of the change to the subscription fee.

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. After cancellation, you will retain access to the Paid Services until the end of your current Subscription Term, except for Services billed on a usage-based billing. At our sole discretion, we may issue a refund, discount, or credit (“Credits”) to you in a particular situation. However, providing Credits in one situation does not guarantee or entitle you to receive Credits in the future for similar situations, nor does it create an obligation for us to issue additional Credits. If you have any questions or are unsatisfied with our Services, please contact us via our Email.

You agree to comply with this Agreement, the Site’s Terms of Use and all applicable laws. It is your responsibility to determine whether using the Service complies with all legal or regulatory requirements applicable to you, as well as any internal compliance obligations specific to you. You will not use the Services to export or re-export any information or technology to any country, individual, or entity where such actions are restricted or prohibited. Furthermore, you covenant not to make any payments, including charitable donations, of money or anything of value, nor will you offer, promise, or pay such payments, directly or indirectly, to any person or entity: to improperly influence their actions;
to encourage them to use their influence with a government to obtain or retain business; or
to gain an improper advantage in any business venture or contract involving Conversant.

This Agreement shall commence on the date when you accepted this Agreement and remain in full force and effect while you access or use the Services, unless terminated earlier in accordance with this Agreement. For the avoidance of doubt, you hereby acknowledge and agree that this Agreement commenced on the earlier of: (a) the date you first accessed the Services, or (b) the date you accepted this Agreement.

If you violate any provision of this Agreement, you may lose your license to use the Services. Conversant reserves the right to investigate any potential violations of this Agreement. We may also temporarily or permanently terminate your user Account or suspend or revoke your access to the Services at any time, with or without notice, for any reason or no reason at all, including:

(a) if you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or Conversant has reasonable grounds to suspect that any Registration Data you provide is untrue, inaccurate, not current or incomplete;

(b) if Conversant has reasonable grounds to believe you have violated, or are about to violate, this Agreement, the Privacy Policy or any applicable laws, or that your Account may have been compromised;

(c) if activities occur under your Account which, in Conversant’s sole discretion, would or might cause damages or losses to Conversant or any users (whether yourself or other users), impair Conversant’s ability to provide the Website and/or Services, or infringe or violate any third party rights (including intellectual property rights);

(d) if Conversant is requested to do so by law enforcement agencies or other governmental authority; and/or

(e) if Conversant is required to do so due to unexpected technical or security issues or problems.

Additionally, we reserve the right to modify or discontinue the Services at any time, including limiting or removing certain features, without notice to you. We will not be liable for any changes to the Service or any suspension or termination of your access. You may terminate your account at any time through the Service’s account dashboard.

If any part of a Paid Service is, or in Conversant’s opinion is likely to become, subject to an infringement claim, Conversant may, in its sole discretion:

Obtain authorisation for you to continue using the Paid Service.
Replace the Paid Service with a non-infringing alternative that maintains its essential functionality;
Modify the Paid Service to eliminate the infringement risk; or
Terminate the Paid Service and refund any prepaid subscription fees for the remaining Subscription Term. Upon termination, you must immediately stop using the Paid Service.

Conversant’s obligations under this section do not apply to claims arising from:

Use of a Paid Service in a manner inconsistent with this Agreement or Conversant’s documentation;
Use of a Paid Service in combination with third-party products or services not provided by Conversant; or
Modifications to a Paid Service made by anyone other than Conversant or its authorized agents.

This section defines Conversant’s exclusive obligations and your sole remedies concerning third-party intellectual property infringement claims.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any direct or indirect loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, due to or arising out of:

your Customer Data;
your use of the Services;
your breach of this terms of this Agreement;
any breach of your representations and warranties set forth in this Agreement;
your suspected or actual violation of the rights of a third party, including but not limited to intellectual property rights: or
any overt harmful act by you toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve 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, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it; and
any third-party claim arising out of or relating to your Customer Data and your use of the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any mater for which you are required to indemnify us and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

This Agreement shall be governed by and defined following the laws of the Republic of Singapore.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion and without any liability to you. You further agree that all changes or modifications to the Services will be deemed part of the Services and be subject to all terms and conditions of this Agreement. We will make commercially reasonable efforts to notify you of any changes to the Services, including sending an email to the email address linked with your account. However, for avoidance of doubt, we have no obligation to update any information on our Services, we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

If you disagree with the revised terms, you must refrain from renewing your Subscription and discontinue your use of the Services.

This Agreement constitutes the entire agreement and understanding between you and us in respect of the Services.

Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

This Agreements operates to the fullest extent permissible by law.

We may assign, novate, transfer or delegate any or all of our rights and obligations to others at any time. You shall do all things and execute all documents necessary to facilitate such assignment, novation, transfer, or delegation.

We shall not be responsible or liable for any loss, damage, delay, or failure to act (including the inability to provide you with access to or use of the Services) caused by any cause beyond our reasonable control.

If any provision or part of a provision in this Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Agreement or use of the Services.

It is agreed that each party will be responsible only for its obligations under this Agreement, and neither party shall be authorised to represent or bind the other to any other person.

You agree that this Agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

The rights and remedies provided under this Agreement is cumulative, in addition to, and does not exclude the rights or remedies provided at law or in equity arising independently of this Agreement.

To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (each 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below in paragraph 12.4) informally in good faith for at least sixty (60) days before initiating arbitration. Such informal negotiations shall commence upon written notice from one Party to the other Party.

Any dispute arising out of or in connection with this Agreement, including any question regarding its existence validity, or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The tribunal shall consist of one (1) arbitrator. The language of the proceedings shall be English. The law governing this arbitration agreement shall be the laws of Singapore.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties. To the full extent permitted by law:

no arbitration shall be joined with any other proceeding;
there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and
there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Parties agree that the following Disputes are not subject to the paragraph 12.1 above concerning informal negotiations prior to arbitration:

any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
any Dispute related to, or arising from, allegations of theft, privacy, invasion of privacy, or unauthorised use; and
any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of Singapore, and the Parties agree to submit to the personal jurisdiction of that the Singapore court.

Sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

You assume all responsibility and risk with respect to your use of our Site and Services, which are provided “as is” and “as available” without warranties, representations or conditions of any kind, either express or implied, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We do not warrant that our Services will be available at all times, timely, secure, uninterrupted or error-free, that defects will be corrected, or that the servers that make our Service available are free of viruses or other harmful components.

The use of our Services is at your sole risk and you assume full responsibility for any costs associated with your use of our Services. You agree that we will not be liable for any damage, loss, or inconvenience of any kind related to the use or access of our Services, including during any downtime or discontinuance of the Services. Nothing in this Agreement will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our Services, even if we are advised of the possibility of such damages.

Notwithstanding the foregoing, in no event shall our aggregate liability to you arising out of or related to this agreement exceed the amount of monies paid by you to us in the one (1) year period prior to the date your claim arose.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

You acknowledge and agree that the indemnity in paragraph 8 and the disclaimers and limitations of liability in this paragraph 14 and the allocation of risk herein are essential elements of the bargain between you and use, without which we would not have entered into this Agreement or provide you with access to and use of the Services. You further acknowledge and agree that given the nature of the Services provided by us, it is reasonable for us to exclude or limit our liability in accordance with this paragraph 14.

The Websites and Online Services are operated by Conversant Solutions Pte. Ltd., located at 250 North Bridge Road, #17-01, Raffles City Tower, Singapore 179101. You may contact us by sending correspondence to the foregoing address or by emailing us at: support@conversant.tv .

Customer Agreement

1. Declaration

2. Intellectual Property Rights

3. Our Services

3.1 Access to Services

3.1.1 Conditions for account registration

3.1.2 Subscriptions Terms, Renewals and Cancellations

3.1.3 Account termination by you

3.1.4 Account termination, suspension and deletion by Conversant

3.2 Use of Services

3.2.1 Restrictions

3.3 Customer Data

3.4 Free and Trial Services

3.5 Internet / User Device / Third Party Software

4. Third-Party Products and Services

5. Billing

5.1 Recurring Billing

5.2 Price Changes

5.3 Cancellation and Refunds

6. Compliance

7. Termination of Use, Discontinuation and Modification of the Service

8. Indemnification

8.1 By Conversant

8.2 By You

9. Governing Law

10. Modification to the Services

11. General

12. Dispute Resolution and Arbitration

12.1 Informal Negotiations

12.2 Binding Arbitration

12.3 Restrictions

12.4 Exceptions to Informal Negotiations and Arbitration

13. Consent to Electronics Communications

14. Disclaimer and Limitation of Liability

15. Contact Information

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