Monday, August 1, 2011

Terms of Use

Welcome to Serendipity’s website, serendipityclub.blogspot.com (the "Site"). Serendipity provides its services to you subject to the following conditions. By using this Site, you indicate your unconditional acceptance of these Terms of Use ("TOU"). Use of any functionality of the Site constitutes acceptance of this TOU. If this TOU conflicts with any other documents, the TOU will control for the purposes of usage of the Site. If you do not agree to be bound by this TOU, you may not use the Site in any way. We reserve the right, in our sole discretion, to update or revised these TOU. The continued use of this Site following the posting of any changes to the TOU constitutes acceptance of those changes.

1. Description of Services.

In the Site, Serendipity provides users with access to sales of luxury items online (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

2. Use of the Site.

You may use the Site only in accordance with and subject to these TOU and the Site's Privacy Policy (the "Privacy Policy"). You may not use the Site for any purpose that is unlawful or prohibited by these TOU, or to solicit the performance of any illegal activity or other activity which infringes the rights of Serendipity or others. Serendipity grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Serendipity’s sole discretion) an unreasonable or disproportionately large load on Serendipity’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Serendipity to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Serendipity.

3. Usage Eligibility.

The Site is not available to users under the age of 18 and who have been suspended or removed by Serendipity for any reason. By usage of this Site you represent that you are of legal age. If you do not qualify, you may not use the Service or the Site.

4. Your Account.

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract. Usage is void where prohibited by law. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Serendipity has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Serendipity has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Serendipity reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

5. Additional Terms and Conditions.

Additional terms and conditions may apply to specific portions of the Site or your usage, which terms are made part of these TOU by reference. You agree to abide by such other terms and conditions. If there is a conflict between these TOU and the terms posted or emailed for, or applicable to, a specific portion of the Site or your usage, the latter terms shall control with respect to your use of that portion of the Site or your usage.

The following terms and conditions apply to the applicable features on the Site: (a) Site-Provided Email and Postings. The Site may provide users with the ability to send email messages to others and to post messages on the Site. Serendipity has the right but not the obligation to monitor and decline, edit or remove all or any portion of any postings, submissions or content. You agree not to use the Site to post content or other communications that contain (i) political, libelous or otherwise unlawful, abusive or obscene material; (ii) advertisements of any kind; (iii) personal information (such as addresses, phone numbers, etc.); (iv) confidential information of Serendipity, its parent, subsidiaries or affiliates; (v) any chain letters; (vi) messages that offer unauthorized downloads of any copyrighted or private information; and (vii) information similar or related to the foregoing. You further agree not to send email invitations to join the Site to people who do not know you or who are unlikely to recognize you as a known contact.

6. Accuracy of Content; Limitations on Quantity.

The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice. The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available.

7. Credit Card Payment.

In a credit card transaction, you must use your own credit card. Serendipity will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.

8. Trademarks.

You acknowledge and agree that the content, materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of Serendipity and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distributed, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these TOU is prohibited. Serendipity relies upon a network of independent vendors who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to you. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors.

9. Submissions.

Any comments, ideas, notes, postings, messages, suggestions or other communications or information posted on the Site, submitted to Serendipity, or otherwise communicated in connection with your use of the Site (collectively, "Submissions") shall be and remain the exclusive property of Serendipity with no further compensation to you. At Serendipity’s sole discretion, such Submissions may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Serendipity a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license. Under no circumstances shall any disclosure of any Submissions to Serendipity be subject to any obligation of confidentiality or expectation of compensation or attribution. You also agree that no submission by you will be or contain libelous or otherwise unlawful, abusive or obscene materials. You are and shall remain solely responsible for the content of any Submissions you make. Serendipity takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.

10. Links.

The Site or third parties may provide links to other websites or resources. Because Serendipity has no control over such sites and resources, you acknowledge and agree that Serendipity is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Serendipity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

11. Access to Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

12. Indemnification.

By using this Site, you agree to indemnify and hold Serendipity (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including but not limited to, attorneys’ fees, or arising out of or related to your breach of this TOU, or your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Serendipity reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

13. Disclaimer of Warranty.

All content, products, and services on the Site, or obtained from a website to which the Site is linked (a “Linked Site) are provided on an “as available” and “as is” basis without warranty of any kind either expressed or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. But without limitation, Serendipity does not warrant that: (i) the information on this site is free of errors; (ii) the functions contained on this Site will be uninterrupted or free of errors; (iii) defects will be corrected, or (iv) this Site or the server(s) that makes it available is free of viruses or other harmful components. You acknowledge that we have no control over such a Linked Site and that we are not responsible for the accuracy, reliability, content, legality or any other aspect of any Linked Site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by Serendipity of that third party, third party website or of any product or service provided by a third party. Under no circumstance will Serendipity be liable for any loss or damage caused by a user’s reliance on information obtained through the Site or a Linked Site, or user’s reliance on any product or service obtained from a Linked Site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a Linked Site, Please see the advice of professional, as appropriate, regarding the evaluation of any specific opinion, advice, product, service or other content.

14. Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SERENDIPITY, ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS. EMPLOYEES, AGENTS, SUCCESSORS, SUPPLIERS, PARTNERS, LICENSORS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SERENDIPITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SERENDIPITY, ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUPPLIERS, PARTNERS, LICENSORS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO SERENDIPITY IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

15. International Use.

We make no representation that information on this Site is appropriate or available for use outside Singapore. Those who choose to access this Site from outside Singapore do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

16. Risk of Loss.

The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.

17. Serendipity Affiliates.

Serendipity is not affiliated with web sites or third parties that sell or advertise our products without a written agreement with us. Serendipity reserves the right to void all service, return, and other policies for orders and Serendipity products that were purchased through unauthorized sellers. Serendipity is not responsible for any representations by unauthorized sellers.

18. Unavailability of Site; Termination; Fraud.

We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site or your account, for any reason, including without limitation, breach of these TOU. If at any time, we notify you that your access to and /or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these TOU or your account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

19. Procedure for Claims of Intellectual Property Infringement.

Serendipity respects the intellectual property of others, and we ask our users to do the same. Serendipity may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please email to serendipityclub.contact@gmail.com: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your name and contact information; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

20. Survival of Terms After Agreement Ends.

Notwithstanding any other provisions of this TOU, or any general legal principles to the contrary, any provision of this TOU that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOU.

21. General.

If any part of the TOU is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Serendipity to act with respect to a breach by you or others does not waive Serendipity's right to act with respect to subsequent or similar breaches. Serendipity's failure to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. The section headings contained in these TOU are included for convenience only and shall not limit or otherwise affect the terms of these TOU. This agreement shall be construed in accordance with the applicable laws of Singapore. The Courts at Singapore shall have exclusive jurisdiction in any proceedings arising out of this agreement. This TOU constitutes the entire agreement between you and Serendipity and governs your use of the Site, superseding any prior agreements between you and Serendipity with respect to the Site.