Service Agreement

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF SERVICE AGREEMENT
This is a contract between you and vHUBs Pte Ltd. Sometimes, vHUBs Pte Ltd is referred to as "vHUBs," "we," "us" or "our". This contract applies to any online service provided by vHUBs, including updates, that display or link to this contract and that you use while this contract is in force.  Any hosted solutions provided by vHUBs Pte Ltd will be referred to as "Service”.

By using the Service, you agree to the following terms and conditions of use of the Service, and any changes or modifications made and published online by vHUBs from time to time without notice to you (herein collectively referred to as the "Service Agreement"). Please read them carefully. If, at any time, you do not agree with the Service Agreement, please refrain from further use of the Service.

2. DESCRIPTION OF SERVICE
The Service provided to you is for the communication, promotion and free exchange of information and ideas among users of the Service (herein called "Members") in respect of information, data, text, files, photographs, graphics, videos, software, sound, hyperlinks, or other materials submitted to the Service (herein collectively referred to as "Content") and provides Members the capability of creating and/or managing an online community (herein called a "community") and/or to participate in one or more communities. vHUBs provides different levels of the Service for subscription to, or use by, Members, including the core service, which is a standard service currently provided to Members (the “Core Service”), as well as other customized, premium and fee-based services. For greater certainty, the term “Service” shall mean all services provided by vHUBs. Certain terms contained herein only apply to the Core Service, as indicated. For the purpose of this Service Agreement, “Service Provider Customer” shall mean any customer of vHUBs that is, from time to time, authorized by vHUBs to provide the use of, or access to, the Service. Unless otherwise stated, any new features that are added to or otherwise augment the Service shall also be subject to the Service Agreement. vHUBs also provides Members with the tools for organizing and communicating with Members of other communities. The initial Member of a community is the Community Builder who created the community. Community Builders or other administrators of a community have the discretion to remove users from the community from time to time and at any time. You acknowledge and agree that vHUBs has no responsibility for the assessment of or for resolving any disputes arising from your ability to join or remain a Member of any community or otherwise use the Service. In order to use the Service, you must obtain access to the World Wide Web and provide all equipment necessary to make such connection to the Web including a computer, modem or other access device. You acknowledge and understand that vHUBs is not required to provide any assistance including any technical or customer support in connection with the World Wide Web and that your use of the Service is entirely at your own risk.

3. USER REGISTRATION, PASSWORD AND SECURITY
In order to use the Service, you are required to register a vHUBs account containing your full name, your e-mail address, a user name and a password. In consideration of the use of the Service, you agree to provide true, accurate, current and complete information about yourself as submitted in any registration form on the Service and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your Member profile, as required. If any information provided is not true, accurate, current or complete, or vHUBs has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then vHUBs shall have the right to suspend or terminate your right to use the Service and refuse to provide any current or future Service to you. You acknowledge that vHUBs reserves the right to refuse to grant you a user name that is already in use, may be illegal, may be protected by trade-mark or other proprietary interest, is obscene or profane or otherwise determined by vHUBs, in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. You agree to keep your password confidential and to notify vHUBs if you believe that the security of your password has been compromised. You acknowledge that vHUBs does not protect you from the unauthorized use of your password.

4. MEMBER CONDUCT
Content available on the Service is provided by Members of the Service who are independent of vHUBs. Accordingly, you acknowledge that all Content whether publicly posted or privately transmitted is the sole responsibility of the person from whom such Content originated. Since vHUBs does not control the Content, you understand that it does not guarantee the accuracy, integrity or quality of such Content. You further understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You agree not to use the Service :

(a)    for illegal purposes;

(b)    to upload, post, publish, transmit, reproduce any

  1. Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  2. Content that violates or infringes in any way upon the rights of others, including Content which is inaccurate, false, hateful, threatening, abusive, offensive, harassing, unlawful, defamatory, libelous, tortuous, slanderous, invasive of privacy or publicity rights, vulgar, obscene, profane, or is racially, ethnically or is otherwise objectionable;
  3. Content that is pornographic, sexually explicit or contains nudity; Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
  4. unauthorized or unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other solicitation to other Members except in those areas of the Service that may be designated for such purposes;
  5. Content which contains software, software viruses, including Trojan horses, bots, worms or other harmful or destructive components or features designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
  6. Content that consists of links to other websites that contain Content not in compliance with the Service Agreement;

(c) to engage in conduct which in vHUBs' sole discretion is considered to restrict or inhibit any other user from using or enjoying the Service;

(d) to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;

(e) to harm minors in any way;

(f) to forge or otherwise manipulate uniform resource locators or other identifiers to disguise the origin of any Content transmitted through the Service, to acquire unauthorized access to restricted areas of the Service, or for any other purposes;

(g) to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(h) to disrupt the normal flow of dialogue, cause a screen to scroll faster than the other users of the Service are able to type or otherwise act in a manner that adversely affects the ability of other users to engage in real-time exchanges;

(i) to violate any applicable local, provincial, state, national, or international law or any regulations having the force of law;

(j) to collect or store personal data about other Members;

(k) to stalk or otherwise harass another Member; or

(l) to promote or provide instructions, information or advice about illegal activities, promoting physical harm, verbal abuse or personal injury against any individual or group.

vHUBs does not review, screen or edit Content posted on any community. vHUBs and the Service Provider Customer reserve the right (but is under no obligation) to monitor, edit or remove any Content transmitted or received through the Service if the Content violates the Service Agreement, or if vHUBs or the Service Provider Customer otherwise deems the Content objectionable. Furthermore, vHUBs and the Service Provider Customer (where the ability to do so exists) reserve the right (but is under no obligation) to

(i) remove any community from any directory,
(ii) change the configuration of any community,
(iii) prohibit certain configurations of a community, and
(iv) suspend, block or otherwise restrict access to any community.

You acknowledge and agree that vHUBs may preserve Content or disclose the Content, if required by law to do so or if it believes in good faith that the preservation or disclosure is reasonably necessary to

(i) comply with local process,
(ii) enforce the Service Agreement,
(iii) respond to claims that any Content violates the rights of third parties; or
(iv) protect the rights, property or personal safety of vHUBs, the Service Provider Customers, users of the Service and members of the public.

5. USE OF PERSONAL INFORMATION AND PRIVACY
You acknowledge that if you register with vHUBs, vHUBs will disclose such registration data or other related data to the Service Provider Customer. You also acknowledge that vHUBs may disclose to third parties certain information from registration or other related data regarding the Members in an aggregated form, provided such information will not provide personal identifying information about you except if authorized by you or if vHUBs believes, in good faith, that disclosure is reasonably necessary to comply with the law, legal process, to enforce the Service Agreement or to protect itself, its Service Provider Customers, the Members or others. In addition, due to the nature of the Internet and other factors, privacy in your communications cannot be assured and this should always be considered when deciding to transmit confidential or other information through the Service. For additional information relating to the privacy policy of vHUBs, please refer to the our privacy policy here.

6. CONTENT SUBMITTED TO vHUBs
Content available on the Service is provided by Members of the Service who are independent of vHUBs. Accordingly, vHUBs does not claim ownership of the Content you place on any community. Except as may otherwise be provided in a separate written agreement between you and vHUBs, by submitting Content to vHUBs for inclusion on a community, you grant vHUBs the royalty-free, world-wide and non-exclusive licence to display, distribute, sublicense, reproduce, modify, adapt and publish your Content solely for the purpose of displaying, distributing and promoting your community on the Service. You also grant vHUBs the right to authorize the downloading and/or printing in whole or in part of any Content that you have submitted to the Service, by other Members for their personal/non-commercial use.

7. ADVERTISING ON THE SERVICE
In consideration of your use of the Service, you acknowledge and agree that vHUBs or the Service Provider Customer, may arrange for the placement of advertising messages, banners, images, text or other communications (collectively referred to as "Advertising") throughout the Service, unless provided otherwise in a separate written agreement between you and vHUBs or between you and the Service Provider Customer. You agree that you will not make any attempt to remove, alter, inhibit or obstruct the transmission or display of any such Advertising, to alter the location of its display in any manner or to engage in any act that may result in diminishing the value of such Advertising on the Service. Your communication or business dealings with, or participation in promotions of, advertisers found on or through the Service, including the payment and delivery of related goods and services, and any other terms, conditions, warranties or representations in connection with such dealings are solely between you and the advertiser and you agree that vHUBs and the Service Provider Customer shall not be liable or in any way responsible for any loss or damage of any sort through such dealings or arising from advertisers on the Service.

8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless vHUBs and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, Service Provider Customers, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your Content, your violation of the Service Agreement or your violation of any rights of another Member. vHUBs reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

9. STORAGE AND RESOURCES
You acknowledge and agree that neither vHUBs, nor the Service Provider Customers shall be responsible for the deletion, miscommunication or the failure to store any Content on the Service. vHUBs, or the Service Provider Customer where applicable, may establish limitations on the amount of memory, disk space, bandwidth or any other resource available for each community on the Service.

10. MODIFICATIONS TO SERVICE
vHUBs and the Service Provider Customers reserve the right from time to time, and at any time, to modify, suspend or discontinue the Service (or any part thereof) with or without notice to you and you agree that neither vHUBs nor the Service Provider Customers shall be liable to you or to any third party as a result of any modification, suspension or discontinuance of the Service. Such modifications shall become effective immediately upon the posting thereof.  If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services.  Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised terms and conditions.  Should you have any questions regarding the use of our Site, please contact us.

11. TERMINATION
Except as otherwise provided in a separate written agreement between you and vHUBs or between you and the Service Provider Customer, you agree that vHUBs or the Service Provider Customer may, in its absolute and sole discretion, terminate your account, all or any part of any one or more of your communities and your access to and use of the Service, and may remove and discard any Content on any of your communities at any time for any reason, including, without limiting the generality of the foregoing, a determination by vHUBs or the Service Provider Customer that you have violated the Service Agreement. You also acknowledge that vHUBs, or the Service Provider Customer, may in its sole discretion, terminate your membership if your user name or any of the information you have entered as part of your membership record is offensive or inaccurate. You further acknowledge and agree that vHUBs or the Service Provider Customer reserve the right to delete any community or terminate accounts that are inactive for a period greater than 90 days, unless provided otherwise in a separate written agreement between you and vHUBs or between you and the Service Provider Customer. You acknowledge and agree that any actions taken by vHUBs or the Service Provider Customer under this paragraph may be effective without prior notice to you and you further acknowledge and agree that vHUBs may immediately delete your community and bar you from any further access to the Service. Further, you acknowledge and agree that vHUBs or the Service Provide Customer shall not be liable to you or to any third party for any actions taken by vHUBs or the Service Provider Customer under this paragraph, including without limitation, the termination of your access to the Service.

12. TRADEMARKS
All trademarks, service marks, and logos used and displayed in the Service are the registered and/or unregistered property of vHUBs and third parties. No rights are conferred on you, either expressly or by implication, to use the trademarks of vHUBs or third parties without the permission of the respective trademark owners.

13. EXTERNAL LINKS
This Service may contain links to other Internet sites or resources ("External Sites"). Such links may have been provided by vHUBs, the Service Provider Customer, or third parties. Since these External Sites are not under the control of vHUBs or the Service Provider Customer, you acknowledge and agree that neither vHUBs, nor the Service Provider Customers, shall be responsible for the availability of the External Sites nor is it responsible or liable for any content, advertising, products or other materials located on or through any External Site. Links provided to External Sites do not represent endorsements of any information, products or services on such sites, and no information on such sites has been approved or endorsed by vHUBs or the Service Provider Customers. Under no circumstances shall vHUBs, or the Service Provider Customers, be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available on such External Sites. Any concerns that you may have regarding any External Sites should be directed to its respective site administrator or webmaster.

14. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") are the sole property of vHUBs and contain proprietary and confidential information protected by applicable intellectual property and other laws. You further acknowledge and agree that Content, including but not limited to, text, software, music, sound, photographs, graphics, video, or other materials contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service-marks, patents or other laws governing intellectual property and proprietary rights. Except as expressly authorized by vHUBs, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based upon the Service or the Software in whole or in part. Content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way, Content available through the Service, the rights of which you do not already own.

15. DISCLAIMER OF WARRANTIES
You expressly agree that the service and content are provided on an "as is" and "as available" basis and that your use of the service is at your sole risk. vHUBs and all service provider customers expressly disclaim all warranties of any kind, either expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violations of rights. vHUBs and all service provider customers make no warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure or error-free. vHUBs and all service provider customers do not make any representation or warranty as to the results that may be obtained from the use of the service, that the results that may be obtained from such use will be reliable or accurate or that the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations. vHUBs makes no warranty that defects in its software will be corrected or that the website or server that makes it available will be free of viruses or other harmful components. You understand and agree that any of the material and/or other data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material or data. No advice or information, whether oral or written, obtained by you from vHUBs or any service provider customer or through the service shall create any warranty not expressly stated in the Service Agreement.

16. LIMITATION OF LIABILITY
You expressly understand and agree that in no event shall vHUBs or any service provider customers be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, content or other intangible losses (even if vHUBs or the service provider customer have been advised of the possibility of such damages), resulting from

(i) the use or inability to use the service (including, but not limited to deletion or loss of content, defects or delays in transmission, or any failure of a server, or the internet),
(ii) the cost of procurement of substitute goods and services resulting from the cost of any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service,
(iii) unauthorized access to or alteration of your transmissions or data,
(iv) statements or conduct of any third party on the service or,
(v) any other matter relating to the service. If you are dissatisfied with the service, the materials available on or through the service, or with any of the Service Agreement, your sole and exclusive remedy is to discontinue use of the service.

17. NOTICE
Notices may be sent to you or you may send notices to vHUBs via either e-mail or regular mail. The Service may also provide notification of any changes to the Service Agreement or other matters pertaining to the Service by displaying notices or links to notices generally on the Service.

18. GENERAL
The failure of vHUBs or the Service Provider Customer to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under this Service Agreement. If any provision of the Service Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision and the other provisions of the Service Agreement shall continue to be binding on and remain in full force and effect. The Service Agreement, together with any separate written or online agreement between you, vHUBs and/or the Service Provider Customer (including but not limited to the Mature Content Agreement if applicable to you) constitute the entire and only agreement, and supersedes any prior agreements between you, vHUBs and/or the Service Provider Customer, (including, but not limited to all prior versions of the Member Agreement, General Terms of Use, and Service Agreement, where applicable). The Service Agreement and the relationship between you, vHUBs and/or the Service Provider Customer shall be governed by and construed in accordance with the laws of Singapore, and such parties agree to submit to the jurisdiction of such courts.

You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the Service or to the Service Agreement must be commenced within 1 year after such claim or cause of action arose or be forever barred.

19. REPRESENTATIONS OF SUBSCRIBING MEMBER
By registering and accepting this Service Agreement, the Member, either on behalf of him/herself, and/or on behalf of the entire community (whichever subscription option has been chosen), hereby represents, warrants and covenants to vHUBs that : (a) she/he has the legal capacity to subscribe and accept the Service Agreement as well as be bound by its content; (b) to regularly review this Service Agreement and, in the event of any change in them, continue to be bound by them or else immediately discontinue the use of the Service.

20. VIOLATIONS
Please report any violations of the Service Agreement to our compliance department by contacting us.
© 2009 vHUBs Pte Ltd