Last updated: January 10, 2017.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
The terms and conditions of these Terms of Service (“Terms”) apply between Pop Up Showcase, a brand of Generic Diamond Pte. Ltd. (a company registered no. 201507510C), incorporated in the Republic of Singapore and having its registered office at One Raffles Place, #25-03 One Raffles Place Tower 1, Singapore 0486164 (“Pop Up Showcase”), and any person, company or corporation using or accessing the Website www.popupshowcase.com (the “Website”), its Services, content and tools.
By using the Website and Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Website and Services and constitute a binding legal agreement between you and Pop Up Showcase. You hereby acknowledge and agree that you have read and fully agree with these Terms along with Pop Up Showcase’s Privacy Policy, and Code of Practices.
If you do not agree to these Terms, then you have no right to obtain information from or otherwise continue using the Website and Services.
Pop Up Showcase reserves the right, at its sole discretion, to modify the Website and Services or to modify these Terms, including the Service Fees, at any time and without prior notice. You are advised to read these Terms carefully and to check regularly for any updates, changes or modifications. As these Terms will govern all transactions formed through the Website, please review these Terms each time you are using our Services.
If you do not agree to any change, update or modification to the Terms, you must not continue to use the Website and Services.
Without prejudice to any other provision in these Terms, by using the Website and Services, you represent, warrant and undertake (i) to accept, comply with, and be bound by these Terms; (ii) that you are at least 18 years of age and have the legal capacity to agree to, comply with and be bound by these Terms; (iii) to comply with all applicable laws, regulations and rules in relation to your access to and use of the Website.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. You agree to respond promptly and completely to requests from Pop Up Showcase for additional information that Pop Up Showcase deems necessary to determine your authority to act on behalf of a company or organization. Pop Up Showcase may suspend or terminate your access to the Services and your account if Pop Up Showcase has reason to believe that you are not authorized to act on behalf of a company or organization for whom you claim to be acting in connection with the Services.
The Website is controlled and operated by Pop Up Showcase from its office within Singapore. Pop Up Showcase makes no representation that the materials, content and Services in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Pop Up Showcase makes available an online platform and marketplace connecting companies selling jewelry and/or watches (“Guests”) and who need short term retail space (“Showcase”) to owners of jewelry and/or watch retail space (“Host”). Pop Up Showcase introduces the Guest to a potential Host and facilitates short-term commercial rentals and commercial consignments between Hosts and Guests.
The Services provide a platform whereby a Host may post details of a Showcase, Hosts and Guests may meet and communicate with each other regarding the space, and Guest may issue a Booking Request through the Website. The Host will then promptly respond, either accepting the Booking Request or declining it. If the Booking Request is accepted, the Guest will enter into a comprehensive, legally-binding agreement with the Host either on the Pop Up Showcase template terms or specific terms advised by the Host.
Pop Up Showcase is not itself a party to any such rental or consignment transaction and is not a contracting agents or representatives of any Hosts and as such disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law. Pop Up Showcase does not (i) own, operate, provide, furnish, license, lease, rent, sell, resell, manage, or otherwise control any Hosts or Showcases; (ii) perform any background checks of Hosts or Guests; (iii) conduct any inspections of Hosts or Showcases; or (iiii) endorse any Host(s), any Guests(s) or any Space(s) or Showcase(s).
Pop Up Showcase’s responsibilities are limited to facilitating the availability of the Website and Services and make available a neutral communication platform. Pop Up Showcase does not take part in Guests – Hosts’ transactions or communications, other than to the limited extent set out in these Terms. You are solely responsible for your conduct in connection with the Services. Pop Up Showcase has no control over the quality, suitability or availability of any commercial space and Showcase, or over the reliability, integrity or conduct of any Hosts or Guest.
Pop Up Showcase does not at any time provide, or purport to provide, any advice, or advisory services, to Hosts, Guests or any other party, in particular with respect to the commercial, financial, legal or any other consequences of any rental or consignment agreement. Pop Up Showcase disclaims all liability relating to the provision of advice relating to property and commercial agreement. Hosts and Guests accept that Pop Up Showcase’s role is limited to no more than that of a facilitator.
Pop Up Showcase makes no warranty as to any particular result being achieved or obtained, or being achievable or obtainable, from use of the Website and the introduction of any prospective Guest to Host.
To access certain areas and features of the Website and Services, Hosts and Guests must register to create an account and profile. Your Pop Up Showcase profile page will be created based upon the personal information you provide to us. All information that you provide with your account and profile must be accurate, truthful, current and complete and you agree to update such information to keep it accurate, current and complete.
Pop Up Showcase reserves the right to suspend or terminate your Account and your access to the Website and Services if you create more than one (1) Pop Up Showcase Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
Hosts may edit the details of or remove their Space(s) or Showcase(s) in the Applications at any time.
If you are a Host, you may create Listings. To create a Listing, you will be asked a variety of questions about the Space and Showcase to be listed, including, but not limited to, location, profile of the store, brand portfolio, size, features, availability of the showcase, pricing and related rules, all applicable charges inclusive any Taxes, payment information and financial terms, permitted and prohibited uses of the Showcase or restrictions, limitations on personal or brand representative allowed in the Space; and any additional special rules, terms and conditions with which a Guest must comply. After revue, listings will be made publicly available via the Website and Services. You acknowledge and agree that you alone are responsible for any and all Listings.
Guests will be able to book your Space or Showcase via the Website and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a Booking of your Space or Showcase, you may not request the Guest to pay a higher price than in the Booking request. Please note that you are responsible for determining applicable Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in your Listings.
By Creating a listing, you represent and warrant that you (i) will not breach any agreements you have entered into with any third parties, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws and rules and regulations that may apply to your store included in a Listing you post and (b) not conflict with the rights of third parties. Pop Up Showcase assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Pop Up Showcase reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Pop Up Showcase, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to our Website and Services.
If you are a Host, you understand and agree that Pop Up Showcase does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Space or Showcase, any agreement you enter into with such Guest is between you and the Guest and Pop Up Showcase is not a party to it. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals or Guest representative who work at or are otherwise present at the store at your request or invitation.
By adding a Space and Showcase, you represent and warrant that the applicable Space and Showcase is fully insured for the purposes set out in this Terms, and has been and will continue at all applicable times to be properly maintained. Pop Up Showcase requests that Host obtain appropriate insurance for their commercial Spaces and Showcases and special agreement with Guests (such as consignment agreement). Please review any insurance policy that you may have for your Store carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including whether or not your insurance policy will cover the actions or inactions of Guests.
Hosts may edit the details of or remove Listings at any time. If Pop Up Showcase chooses to remove a Listing, it has the right but not the obligation to remove such Listing at its sole discretion, at any time and without needing to give notice.
As a Guest, when you have identified a commercial Space or Showcase on Pop Up Showcase which meets your requirements you may issue a Booking Request through the Services by providing the desired Booking date, start and end time, and a presentation of your brand and product(s). By using the Website and Services you agree that:
Guest are responsible for satisfying themselves that a listed Spaces or Showcases fits their requirements, both as regards the specific features and facilities at the Space and as regards the location. Pop Up Showcase does not warrant or represent that Spaces and Showcases listed by Hosts are of suitable condition to be let or that Hosts have the right to enter into rental contracts in respect of the Space or Showcase listed by Hots and to receive rental payments in respect of the properties. Hosts are responsible for the legality, accuracy and completeness of the description of all properties and related terms posted on the Website.
Pop Up Showcase disclaims all liability for the legality, accuracy or completeness of any rental offers or content posted by Hosts and in respect of any proposed rental contract that fails to complete for any reason whatever.
If you are a Host and a booking is requested for your commercial Space via the Website and Services, you will be required to either pre-approve, confirm or reject the booking request within a Booking Request Period of 5 days (excluding weekends or public holidays in the country in which the Space is located), otherwise the booking request will automatically expire. When a booking is requested via the Website and Services, we will share with you (i) the name of the Guest who has requested the booking, and (ii) a link to the Guest’s Pop Up Showcase Account profile page. When you confirm a booking requested by a Guest, Pop Up Showcase will send you an email, text message or message confirming such booking.
After the Host has confirmed a Booking and the Guest will enter into a comprehensive, legally-binding agreement with the Host either on the Pop Up Showcase template terms or specific terms advised by the Host. Then, Pop Up Showcase will request payment of the License Charge (billing charge to a Guest by a Host for the licensing of a Space or Showcase using the Services inclusive of the Service Fee and all applicable Taxes) and the Guest will be charged. The Transaction will include the following elements:
You as a Guest agree to pay the Total Fees for any booking as requested. Pop Up Showcase reserves the right to terminate a Guest for any chargeback or declined payment authorization and reserves the right to terminate a Host for any two or more failures to timely confirm reservation.
Unless otherwise stated in the Listings, the start and end time of each Booking is inclusive of all setup time as well as teardown or cleanup time.
In consideration for the use of Pop Up Showcase’s online marketplace and platform, Pop Up Showcase’s charges Service Fees of fifteen percent (15%) and, where is applicable, may also collect Taxes (such as VAT) in respect of the Host Fees and Guest Fees. Pop Up Showcase Service Fees are deducted from the License Charge before remitting the balance to the Host. Service Fees are non-refundable.
Guests can cancel their booking accordingly to the cancellation and refund policy that has been selected with the Host. In the event a Guest cancels, Pop Up Showcase Service Fees are due and non-refundable, in accordance with your selected cancellation policy.
Hosts, should not cancel a confirmed booking. If however, exceptional circumstances require you to cancel a booking, please notify Pop Up Showcase for assistance whilst also communicating the cancelation with the Guest. When a cancellation is confirmed, Pop Up Showcase will refund Guests and Pop Up Showcase will receive no Service Fees payment for the concerned booking. Pop Up Showcase might, at its discretion, delist your commercial space following a cancellation.
We do not guarantee that our Services, or any content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
When using our site, you must comply with the provisions of our Privacy Policy and our acceptable use policy.
The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
We make no representations, warranties or guarantees, whether express or implied that our Services or any content on our site is accurate, complete or up-to-date.
All of the content featured or displayed on this Website, including but not limited to logos, icons, trademarks, slogans, text, graphics, photographs, images, moving images, videos, sound, illustrations, webcasts, podcasts, broadcasts, blogs, software and other content, (collectively “Content”) is owned by Pop Up Showcase, its licensors and/or its content providers. This Website, including but not limited to the general design and the Content, is protected by copyright, moral rights, trademarks and other intellectual property rights. Except as explicitly permitted by applicable copyright laws or under this Terms or another agreement between you and Pop Up Showcase, no portion or element of this Website or its Content may be copied, reproduced in any form, modified, adapted or translated republished, performed, communicated, distributed, broadcast, or retransmitted via any means, or otherwise sold, exploited or used. This Website, its Content and all related rights shall remain the exclusive property of Pop Up Showcase, its licensors and/or its content providers unless otherwise expressly agreed. All such rights are reserved.
You may view, play, print and download Content found on the Website, provided that you (i) do not remove any intellectual property or other proprietary notice language in all copies of such documents, (ii) use such Content and information only for your personal, non-commercial informational purpose and do not copy or post such Content and information on any networked computer or broadcast, communicate, re-transmit or otherwise distribute it in any media, (iii) make no modifications to any such Content or information, and (iv) do not make any additional representations or warranties relating to such documents.
The copyright, trade marks, registered designs and/or other intellectual property in the Website and all Content, services provided on this Website is and remains owned by Pop Up Showcase or its licensors as appropriate.
Except as may be otherwise indicated in specific documents within the Web, all trade marks, service marks, logos and trade names which appear on the Website, whether registered or not (the “Trade Marks”) remain the exclusive property of Pop Up Showcase or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity, or as a hyperlink, without Pop Up Showcase’s prior written consent.
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT POP UP SHOWCASE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS, HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING POP UP SHOWCASE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. POP UP SHOWCASE MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY COMMERCIAL SPACES OR SHOWCASES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. POP UP SHOWCASE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, COMMERCIAL SPACES OR SHOWCASES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM POP UP SHOWCASE OR THROUGH THE SERVICE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT POP UP SHOWCASE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICE OR TO REVIEW OR INSPECT ANY COMMERCIAL SPACES.
POP UP SHOWCASE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICE.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICE, INCLUDING, BUT NOT LIMITED TO, GUESTS, AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY POP UP SHOWCASE.
P UP SHOWCASE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUETS OR OTHER THIRD PARTY.
POP UP SHOWCASE RESERVES THE RIGHT TO ADD TO, VARY, SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE WEBSITE AND SERVICES AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT, NEITHER POP UP SHOWCASE, ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND REPRESENTATIVES, NOR ANY OTHER PARTY INVOLVED WITH THE SITE, APPLICATION, SERVICES, SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY POPUP SHOWCASE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POP UP SHOWCASE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL POP UP SHOWCASE ‘S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY POPUP SHOWCASE VIA THE WEBSITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS OR LEASING A SPACE VIA THE WEBSITE, APPLICATION AND SERVICES, IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SAID POTENTIAL LIABILITY, OR AS THE CASE MAY BE THE AMOUNTS PAID BY POP UP SHOWCASE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR A SUM OF ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE MATERIAL CONDITIONS OF THE BARGAIN FOR EXCHANGE BETWEEN POP UP SHOWCASE AND YOU.
You hereby acknowledge that the preceding paragraph shall apply to all content and services available on or through the Website. 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.
From time to time, Pop Up Showcase may run promotions, contests, surveys, affiliate programs and other programs, subject to additional terms and conditions which can be found on the Website and are hereby incorporated by reference into these Terms.
Pop Up Showcase reserves the right to vary or impose such other terms and conditions as we deem appropriate from time to time by posting the varied terms and conditions on the Website or through email or other forms of notification that we deem appropriate.
Pop Up Showcase’s decision on all matters relating to promotions, affiliate programs and other programs or other privileges is final and binding. Pop Up Showcase reserves the right to discontinue any promotion, contest, survey, affiliate program and other program at any time without notice or liability.
Links to Third Party Websites:
For your convenience and to improve the usage of the Website, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside Pop Up Showcase’s Services and off the Website and are beyond Pop Up Showcase’s control. This includes links to partners that may use the Trade Marks as part of a co-branding agreement. The websites you can link to have their own separate terms and conditions as well as a privacy policy. Pop Up Showcase is not responsible and cannot be held liable for the products, services, content and activities of these websites, and any damage or loss that you may incur from these websites. You therefore visit/access these websites entirely at your own risk and agree that any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. You hereby irrevocably waive any claim against us with respect to your use or activities on or through these linked third party websites.
Please note that these other websites may send their own cookies to users, collect data or solicit personal data, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.
Third Party Materials and Offerings:
For your convenience and your interest, third party material, vouchers, coupons, or promotions (“Third Party Offerings”) may be provided from time to time by Pop Up Showcase to you. Pop Up Showcase is not responsible or liable for the content, functions, features, completeness, accuracy, legality, appropriateness or any other aspect of such Third Party Offerings and makes no guarantee, warranty or representation about such Third Party Offerings, including the standard or quality of any product(s) or service(s) sold through such Third Party Offerings. Pop Up Showcase has no control over such Third Party Offerings and any Third Party Offerings provided should not be regarded as an endorsement or recommendation by Pop Up Showcase. Pop Up Showcase 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 any Third Party Offerings, and all such liability arising out of or in connection thereto is excluded to the maximum extent permitted by law.
All opinions, remarks, comments, reviews, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary.
You hereby grant, and warrant that you have a right to grant, to Pop Up Showcase a non-exclusive, irrevocable, perpetual, worldwide, transferable royalty-free right to use, copy, reproduce, adapt, distribute, publish and disclose to third parties your User Generated Content for any purpose, in any medium and throughout the world for any purpose (commercial, advertising, or otherwise), including the right to translate, display, reproduce, modify, create derivative works, sub-license, distribute, assign and commercialize without any payment due to you.
You acknowledge and agree that Pop Up Showcase only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content, completeness or accuracy of the User Generated Content. Pop Up Showcase does not continuously monitor User Generated Content published by you or other users, nor shall Pop Up Showcase be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Pop Up Showcase. Any use or reliance by you of the User Generated Content is entirely at your own risk. You represent that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or moral rights and does not contain any false, misleading, defamatory, libellous, discriminating, disparaging, obscene or other offensive or objectionable statements. Furthermore, you represent that you have the capacity to grant the license. You agree to indemnify and keep Pop Up Showcase and its related companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Pop Up Showcase related to any User Generated Content posted or transmitted by you or your other use of the Website.
Pop Up Showcase reserves the right at its sole discretion to block, remove or edit (in whole or part) any User Generated Content posted or transmitted by you and which Pop Up Showcase believes is not in accordance with these Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or moral rights), or is otherwise unacceptable to Pop Up Showcase without notice, and without liability to you or anyone else.
You agree to promptly notify Pop Up Showcase in writing of any User Generated Content (or other Content) which breaches these Terms. You agree to provide to Pop Up Showcase sufficient information to enable Pop Up Showcase to investigate whether such User Generated Content (or other Content) breaches these Terms. Pop Up Showcase agrees to make good faith efforts to investigate such complaint and shall take such action as Pop Up Showcase in its sole discretion decides. However, Pop Up Showcase does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
You are prohibited from using this Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, libellous, invasive of privacy, obscene, pornographic, abusive, discriminating, disparaging, illegal, political or religious in nature, violent, offensive, objectionable or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Pop Up Showcase may deny you access to this Website at any time in its sole discretion, whether in situations where op Up Showcase believes that your use of this Website is in breach of any of these Terms of Use and/or applicable laws and regulations and/or otherwise.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, corrupted data or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server computer or database connected to our Website. You must not attack our Website via a denial of service attack or distributed denial of service attack.
By breaching this provision, you would commit a criminal offence under the Singapore Computer Misuse and Cybersecurity Act (Cap. 50A) and/or may be subject to civil or criminal liabilities under other applicable laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
Pop Up Showcase maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to our business whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to Pop Up Showcase. You should therefore not post any Materials on this Website or send these to Pop Up Showcase by e-mail or otherwise.
Pop Up Showcase reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Content, User Generated Content and other material on the Website (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Website, please notify Pop Up Showcase in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
Generic Diamond Pte. Ltd.
Pop Up Showcase
One Raffles Place
#25-03 One Raffles Place Tower 1
Singapore 048616
Or you may also email us at legal@popupshowcase.com
Pop Up Showcase will consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Pop Up Showcase in respect of any Infringing Material, unless you have first given Pop Up Showcase the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Pop Up Showcase refuses or fails to remove the Infringing Material within a reasonable time. Where Pop Up Showcase removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Pop Up Showcase under applicable law which you may have in respect of any Infringing Material appearing on the Website prior to such removal by Pop Up Showcase.
You acknowledge and agree that Pop Up Showcase has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on third party website linked to the Website.
You agree to release, defend, indemnify and hold Pop Up Showcase, our officers, directors, employees, affiliates, agents and representatives harmless from and against any claims, liabilities, damages, actions, costs and expenses (including without limitation reasonable legal fees and litigation expenses), in connection with or arising out of your breach of any of these Terms and/or your use of our website and Services. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement, which may adversely affect our rights or obligations, shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action.
If you would like to contact us for any reason regarding our Terms of Service, please write to us at the following address:
Generic Diamond Pte. Ltd.
Pop Up Showcase
One Raffles Place
#25-03 One Raffles Place Tower 1
Singapore 048616
Or you may also email us at legal@popupshowcase.com
Each provision of these Terms and Use shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms and Use.
Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website.
These Terms and all content on the Website are prepared in the English language. Where these Terms or any content on the Website is translated to a different language, the English version will govern in the event of any inconsistency or conflict between both versions.
Pop Up Showcase recognises the importance of keeping your personal information and data secure and private. To understand our privacy policy and practices, please read our Pop Up Showcase Privacy Policy. Please do not submit any personal information or data without first reading our Pop Up Showcase Privacy Policy.
These Terms shall be governed by and in accordance with the law of Republic of Singapore. You hereby submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore.
Date of last update of the Terms of Use: January 10, 2017.
