Please read this document carefully as it applies to your use of this Website.
This website (Website) is owned and operated by The Dark Art of Marketing (The Dark Art of Marketing, we, us or our).
By accessing and using this Website, you:
- waive your rights to make any claim against us inconsistent with them.
1. General Terms
1.1 Licence to use the Content on this Website
All of the content on this Website (including, but not limited to, text, graphics, advertisements, software, information, User Content (as defined in clause 1.2(a)) and RSS Feeds (as defined in clause 2.1(a)) (Content) is subject to copyright and possibly other intellectual property rights of The Dark Art of Marketing (or our suppliers and/or licensors) and is protected by Singapore and international copyright and trademark laws.
We grant you a limited, revocable and non-transferable license to access, view, use and print this Website and the Content solely for your personal, non-commercial purposes and only for those purposes (Licence).
Subject to applicable law, we may revoke the rights granted to you pursuant to this clause 1.1 at any time and may suspend or deny, in our sole discretion, your access to all or any part of this Website (including RSS Feeds) without notice.
1.2 User Content
This Website may contain content or material uploaded, posted, emailed or otherwise electronically transmitted (Posted) by you, or other users of this Website (User Content).
You grant us a perpetual, royalty-free, non-exclusive, irrevocable and worldwide licence to use, copy, modify, adapt, exploit, publish, display, redistribute, broadcast, transmit, sublicense, create derivative works from and incorporate in other works any User Content Posted by you, at any time in the future in any form and for any purpose (User Content Licence), and waive in favour of us all moral rights and any similar rights in any jurisdiction which you may have or acquire in respect of User Content Posted by you.
We may access or examine any User Content and at our discretion, move, remove, edit, refuse to Post or disable access to User Content which we consider, in our sole discretion, to breach any law or to be otherwise unacceptable. You acknowledge that we have no responsibility or liability for the deletion or failure to store any content or material Posted by you or any other user on this Website.
If you use this Website, you are solely responsible for any User Content Posted by you. In using this Website or any service offered through it, you must not:
- violate any applicable laws, impersonate any person or Post any User Content that:
- infringes the intellectual property rights of any third party or Post User Content that you do not have the right to Post;
- is unlawful, harmful, threatening, abusive, misleading, invasive of another’s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing, improper or otherwise objectionable to any other person or entity;
- contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of email; or
- contains a survey, contest, or pyramid scheme;
- distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software; or
- collect or store personal data about other users of this Website or engage in any other conduct that inhibits or discourages any other person from using or enjoying this Website.
You acknowledge and agree that:
- we are not responsible for User Content Posted on this Website nor under any obligation to monitor, move, remove, edit, refuse to Post or disable access to it; and
- User Content Posted on this Website is a means of public (not private) communication and we may disclose the identity or other information in relation to any person who Posts content or materials on this Website which may violate any applicable or relevant law for the purposes of co-operating with law enforcement authorities in any jurisdiction or complying with any lawful direction or request to do so.
1.3 Links and advertisements
This Website contains hyperlinks to other websites owned or operated by third parties. We have not reviewed all of the third-party websites linked to this Website and are not responsible for their content or accuracy (including sites linked through advertisements). The inclusion of any hyperlink does not imply that we endorse the linked site and you access the hyperlinks at your own risk. Your correspondence or dealings with, your participation in promotions of and your reliance on the representations of advertisers on this Website are matters that are solely between you and such advertisers.
Whilst browsing this Website, advertisements (including ‘banner ads’, ‘full page ads’ and ‘pop-ups’) may appear in the window of your Internet browsing software or elsewhere on your computer screen. You acknowledge and consent to this functionality and agree not to install or operate (or suffer the continued installation or operation of) any software designed to block, filter, “zap”, obscure or obliterate the display of such advertisements, or any other like software.
1.4 Variations to this Website
We may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.
In using this Website, you may give us personal information in which you have certain rights. In line with the Personal Data Protection Act, 2010, we will process your personal data in accordance with our Personal Data Protection Notice as set out in Section 3 hereof.
1.6 Your representations and warranties
You represent and warrant that:
- all User Content that you Post is true, accurate and not confidential to or owned by any other person;
- all User Content Posted by you is owned by you, our use of such User Content does not infringe or violate the intellectual property rights or any other rights of anyone else and you have the right to grant the User Content Licence; and you will not use this Website
1.7 Content is personal opinion only
The views expressed in the Content, or which may be reasonably implied in material comprising it (including in streamed audio or audio-visual material), do not necessarily represent the views of The Dark Art of Marketing. You must evaluate and bear all risks associated with the Content and not rely on it or its accuracy, completeness or usefulness for any purpose, including as a substitute for any form of professional advice.
1.8 Use of this Website is at your own risk
You use this Website at your risk. To the extent permitted by law, everything on this Website is provided to you “as is” without warranty or condition of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under applicable law and in particular:
- we endeavour to provide a convenient and functional Website, but we do not guarantee that your requirements will be met or that your access to the Content or this Website will be uninterrupted, error free or that this Website or the server that operates it is free of viruses or other harmful components; and
- while we may attempt to keep information on this Website current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on this Website.
This Website is accessible to you over the Internet which is an inherently insecure medium. You are responsible for implementing adequate security measures to protect your systems. We are not responsible for your negligence or failure to backup or protect your data, software or hardware from unintended modification, destruction or disclosure when accessing this Website over the Internet, or if your use of this Website results in the need for servicing or replacing property, material, equipment or data.
1.9 Service provider charges
You acknowledge and agree that The Dark Art of Marketing is not responsible for any charges that may be invoiced to you by your telecommunications service provider or your Internet service provider in relation to your access, use or downloading from this Website.
1.10 Liability and indemnity
To the maximum extent permitted by law:
- we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use this Website, or any content or material accessible at any time through it, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know or have been advised of the possibility of such damage; and
- our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:
- in the case of goods: (1) the replacement of the goods or the supply of equivalent goods; (2) the repair of such goods; (3) the payment of the cost of replacing the goods or acquiring equivalent goods; or (4) the payment of the cost of having the goods repaired; and
- in the case of services: (1) the supply of the services again; or (2) the payment of the cost of having services supplied again.
You agree that we may communicate with you electronically for all aspects of your use of this Website, including sending you electronic notices.
2. Special Terms
The following special terms apply to your access to and use of certain features and functionality of this Website, in addition to the general terms described above.
2.1 Mobile Access
3.1 Personal Data
“Personal Data” shall refer to any information about you which you have provided to us and shall include but not limited to information regarding your name, address, Mykad number, telephone number, e-mail address(es) , bank details, and even particulars of your family members that has been or may be collected, stored, used and processed by us.
3.2 “Us”, “We” or “Our” shall refer to The Dark Art of Marketing and its related bodies corporate.
3.3 Tracking and Targeting Policy
The Dark Art of Marketing (we, us or our) collects data about your browsing activity on our network. We may also use non-personal information that we collect about you on our network to identify you on third party websites where we have an arrangement in place to serve ads on those third party websites. We may also collect anonymous internet usage data from third parties.
One of the reasons we collect usage data is to display targeted advertisements or content on our network and also on third party websites. For that purpose, usage data may be collected and assigned to one or more pre-defined categories (for example “holiday seekers”). If this infers a particular interest, a cookie is placed in your web browser which may determine the type of targeted advertising or content that you receive. We target advertisements and content in order to improve your user experience – so that you are served advertisements and content that we believe may be more relevant or useful to you.
Advertisements or content may also be “targeted” to users based on:
- the type of content displayed on a given web page;
- the geographical location of a user (ie. identified by an IP address); or
- specific searches undertaken by a user.
Other reasons we may collect anonymous usage data include:
- to limit the number of times users are served certain ads;
- to monitor the performance of advertising campaigns;
- to audit, research, and analyze usage in order to maintain and improve our services, and to develop new services; and
- to ensure that our ad-serving technologies function properly.
We will not collect usage data or target advertisements based on the following market segments:
- racial or ethnic origin; or
- political opinions; or
- membership of a political association; or
- religious beliefs or affiliations; or
- philosophical beliefs; or
- membership of a professional or trade association; or
- membership of a trade union; or
- sexual preferences or practices; or
- criminal record; or
- health information; or
- genetic information that is not otherwise health information.
If we ever seek to target advertisements based on the above market segments, we will first obtain your consent.
We will not create categories designed to target children under the age of 13 years (however, this does not prevent us from marketing children’s products to an adult audience).
Third party advertisers purchase advertising products from us that enable them to target particular types of users of our network, for advertisements served both on our network and also on third party websites.
3.4 Transfer of Personal Data
Your personal data may from time to time be transferred to, stored, used and processed by us in places other than Singapore. This is because some of our digital storage facilities and servers may be located in such other places.
In addition to the above, your personal data may also be transferred out of Singapore to third parties like those set-out Section 3.3 hereof and you hereby consent to the transfer of your personal data out of Singapore as set out above.
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