Effective Date: November 19, 2018
NSTBG PTE LTD. (hereinafter referred to as “BG”, “us”, “we”, as the case may be) (an entity incorporated in Singapore) is the owner and operator of a website at BGBRIDALGALLERY.COM (“our Site”) that allows you to post, save and sort your photos, stories, comments, videos or links related to wedding and share them with other users in the form of a personalised media platform (which we call gallery) (together with the Site, “our Services”) subject to the terms below.
Terms of the agreement between you and us.
Changes in our Services.
We reserve the right, in our sole and absolute discretion and without notice to you, to make changes in our Services and to add or to remove any features therein. Any description of how our Services works should not be considered a representation or obligation by us with respect to how our Services will always work
We reserve the right to change, suspend, remove, or disable access to our Services at any time without prior notice. In no event shall BG be liable for making these changes.
Changes to the Terms.
By continuing to access our Site or to use our Services after changes to the Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using our Services.
Registration to use our Services.
In order for you to use our Services, you must first register and create an account with BG;, you must (i) be at least 18 years of age as of the date of registration or must be the age deemed to be legal maturity in the country you live in, whichever is greater, (ii) provide accurate personal information to us and (iii) update your information as necessary so that we always have your accurate information. You should maintain the safety of your account log-in information. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with the loss of your log-in information.
You can also register with us, to the extent available, with Facebook and/or Google+ or similar services, when and if they become available on BG, in which you will use your Facebook or Google+ account log-in information and thereafter use the same log-in information to sign into your account with us. We will not be able to see or record your Facebook or Google+ log-in information and in case you need to retrieve them, you need to contact Facebook or Google+.
Notwithstanding anything in this Agreement, your registration is always subject to our absolute right to reject the same without providing any reason whatsoever.
Minors and our Services.
The use of our Services (which is defined as posting any material on our Site, even on a page or area for which an adult has registered to use our Services) by anyone under the age of 13 (or a different age in compliance with the laws in the country where you live) is prohibited and you may not authorize minors to use our Services.
If you are a parent (or legal guardian) of a minor younger than 13 years of age (or the minimum age based on the laws of the country in which you live), please contact us if you learn that your child has registered an account with us and/or if you find that a user has uploaded and saved a photo, video or other depiction of your child on our Site. We will close the minor’s account and/or remove the photo, video or other depiction of your child expeditiously.
Commercial use of our Services.
You may use your BG gallery (as defined below) to promote your commercial enterprise and business provided that you are engaged in providing wedding related services. Professionals/business owners must register as such and clearly identify themselves in their gallery as professionals and business owners to other BG users.
Furthermore, you agree to promote your commercial enterprise and business using your BG Gallery and/or our Services in compliance with the Internet Code of Practice issued by Singapore’s Infocommunications Media Development Authority (“IMDA”) or such other regulators as may be designated by the laws of Singapore to regulate the content standards for Internet content.
After you register with BG, you get your virtual space (hereinafter referred to as “your gallery”, “your “my gallery””, or “your BG gallery”, as the case may be), on which you can upload, publish and communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other media material (“content”) and save your content through our Services for sharing with other BG users. You can also like and share by posting and saving content on your gallery from other BG users.
BG is open to the public at large and members of the public will be able to access your gallery regardless of whether they have registered with BG.
You are solely liable for the content you publish through the Site and your consequences of your activities through our Services, and you assume all risk associated with the aforesaid, including but not limited to anyone else’s reliance on the accuracy of your content and/or any legal claims that might arise out of or in connection with your content.
You are liable for obtaining all rights to the content that you upload on our Site and publish through our Services. You shall only upload and post content on your gallery for which you have obtained all necessary intellectual property rights and licenses including copyrights for publishing your content through the internet. In connection with your content, you affirm, represent, and warrant to us that you own or have the necessary licenses, rights, consents, and permissions of each and every identifiable individual person in your content, to post and publish the content on the Site and through the Services and to grant BG the rights discussed in section 7.6 below.
BG’s right to use your content. Your content is deemed non-proprietary and non-confidential and may be used by BG and its parent and affiliates without restriction. By posting your content on our Site, you grant BG the royalty-free, unrestricted, world-wide, perpetual (unlimited in time), irrevocable, non-exclusive, and fully transferable, assignable, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, post or display your content (in whole or in part) and/or to incorporate it in other works in any form, media (including but not limited to our Site or Services), or technology now known or later developed for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting.
BG and its parent and affiliates may use or otherwise transfer or dispose of any and all content without restriction and you acknowledge that you will not be entitled to any compensation whatsoever for any such use, transfer or disposition of your content by BG and/or its parent and/or affiliates. Further, BG and/or its parent and/or affiliates may use your content even after you remove your content from our Site or terminate your account with BG.
Your content may not be uploaded on our Site
BG does not guarantee that your content will be uploaded, posted and/or saved on our Site or be available for sharing with other users of our Services, notwithstanding that you had previously uploaded, posted and/or saved such content on our Site. BG assumes no liability for the deletion or failure to store your uploaded, posted and/or saved content of your or other users’ on the Site.
You are solely liable for maintaining a back up copy of the content that you upload, post and/or save on our Site and/or Services.
The type of content that may not be posted on our Site and through our Services.
We encourage you to use our Site and Services to share your wedding content with others and to enjoy viewing content from other users of our Site and Services in a safe and positive environment. We ask that you review your content prior to uploading the content on your gallery and eliminate content that may contain prohibited material, being material that is objectionable on the grounds of public interest, public morality, public order, public security, national harmony, or is otherwise prohibited by applicable Singapore laws, content that may contain words and statements that may incite violence against a particular person or groups of people or words and statements that may harm or hurt a specific individual or groups of people, or information (for example, photos of minors without obtaining their parent’s or guardian’s consent) that you may not have a right to post and publish publicly. More specifically, the following rules apply to determine the type of content that you may not upload on our Site.
You agree not to upload, post, publish, or otherwise transmit any content on your gallery, our Site and through our Services:
that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, invasive of another user’s privacy, hateful, or contains explicit or graphic photos, videos or descriptions or accounts of sexual or violent acts (including, but not limited to, sexual content of a violent or threatening nature directed at another individual or group of individuals);
that depicts minors in a sexual or violent manner;
that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability;
that harms any person in any way;
that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party/individual; or
that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
You further agree not to upload, post, publish, or otherwise transmit any content on your gallery, our Site and through our Services that:
contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
interferes with or disrupts the Site or servers or networks linked to the Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Site;
intentionally or unintentionally violates any applicable local, state, national, or international law;
would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability;
utilizes the Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services without our express prior written approval (such as through registration in conformity with Section 6, above);
solicits other visitors or users of the Site to become users of any commercial on line service or other online or offline group or organization;
impersonates others, including, without limitation, a BG employee, host, or representative, or other Users or visitors on the Site; or
harvests, collects or stores information about the users of the Site or the User Submissions or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
Additional rules that apply to the use of our Services.
Our Services and the Site, or any portions thereof or and upgrades or replacements thereto may only be used for your personal or professional use subject at all times to these Terms.
You agree to comply with all applicable laws, statutes, ordinances, and regulations that apply to your use of the Services and the Site.
You agree that you will not (i) modify, alter, duplicate, reproduce, copy, distribute copies of, disassemble, reverse engineer, emulate, decompile, or tamper with the Services or the Site; (ii) create derivative works from our users’ content, available through our Services and the Site; (iii) attempt to derive the source code of, modify, or create derivative works of our software, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components);(iv) bypass, modify, tamper, defeat or circumvent any of the security components that protect the content available through, or restrict access to, our Services and on the Site; (v) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Services or any portion thereof; (vi) rent, loan, lease, sublicense, transfer, network, reproduce, display, distribute or otherwise the content available on our Services and on the Site; (vii) access any content on the Site through any technology or means other than those provided or authorized by these Terms; or (viii) directly or indirectly, advertise or promote another website, product, or service or solicit our users for other websites, products or services.
Removal of Content from our Site.
We do not pre-screen, monitor, review, or edit any content posted by you and other users on our Site. We retain the right (but not the obligation) at our sole discretion to modify, refuse to maintain on our Site, or remove any user content, in whole or in part, that, in our judgment, does not comply with these Terms or is otherwise undesirable, inappropriate, or inaccurate.
You can contact us if you find a user’s content violates our rules. We will endeavour to respond to you within a reasonable time; but, while we endeavour to remove inappropriate content, BG is not liable for any failure, non-failure, or delay in removing any such content.
Viewing other users’ galleries on our Site.
Any opinions, advice, statements, services, offers, or other information available through our Services, the Site and/or on any BG user’s gallery including users’ content or content available through any links to third party websites uploaded by a user are those of the respective authors and not of BG unless expressly stated otherwise. BG does not make any representation, warranty or guarantee on the accuracy, completeness, or usefulness of the content available on our Services or the Site.BG does not endorse any such opinions, statements or other content posted on our Site or accessible through our Services. BG does not assume any obligation or liability with respect to user content and no confidential or fiduciary understanding or relationship is established by BG’s receipt or acceptance of any such materials. The views expressed by you and other users on your gallery, our Site and Services do not reflect the views of BG, and BG does not support or endorse any user content posted on the Site and published through the Services by you or any other users.
You acknowledge and agree that you will view the content available on our Site and through our Services at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content.
Under no circumstance shall BG be liable for any loss, damage or harm caused by your reliance on information obtained through the Services and/or content available on our Site.
Reporting copyright infringement claims
We respect other people’s copyrights and expect all of our members to do the same. If you are a copyright owner or an agent thereof and believe that any user content on the Site infringes upon your copyrights, you may submit a notification (a “Copyright Notification”) to us in writing immediately in the form and containing the information prescribed by the Copyright Act (Chapter 63) to our designated copyright agent at the following address:
11 Collyer Quay, #10-16 The Arcade, Singapore 049317
You acknowledge that if you fail to comply with all of the requirements of this Section, your Copyright Notification may not be valid. We will respond to Copyright Notification within as soon as practicable and take actions that we, in our sole discretion, deem appropriate, including the removal of the content identified in the Copyright Notification.
Notification to persons accused of copyright infringement:
We will send a copy of the Copyright Notification that we have received to the person or party whose copyrighted material is alleged to have been infringed. If you are a recipient of such a notice, you have the right to challenge the claims in the Copyright Notification. Any information you may have to challenge the claim of copyright infringement should be submitted to BG’s designated copyright agent. A determination will be made by BG as to whether it appears copyright infringement has occurred, and the actions BG will take to address and remedy any copyright infringement found. You will be informed in writing of our conclusions and actions (if any) we have taken in response to a notice of alleged copyright infringement.
We do not provide any legal advice to our users regarding their rights to use a third party’s copyrighted content or how to challenge a Copyright Notification.
Under certain circumstances, we will terminate the account of those of our users who are repeatedly accused of or found to be infringing others’ copyrights.
By using the Services and our Site, you agree to indemnify and hold BG, its directors, officers, employees, affiliates, agents, contractors, principals and licensors harmless with respect to any claims, including actions, suits, penalties and fines issued by government agencies, obligations, losses, liabilities, damages, judgments, settlements, expenses and costs arising out of your breach of these Terms, your use of the Services and the Site, or any action taken by BG as part of its investigation of a suspected violation of our agreement with you and these Terms or as a result of its finding or decisions that a violation of our agreement with you and these Terms has occurred. This means that you cannot sue or recover any damages from BG, its directors, officer, employees, affiliates, agents, contractors, principals and licensors as a result of its decision to remove or refuse to process your content on its Site, to warn you, to suspend or terminate your access to the Services or to the Site, or to take any other action during the investigation of a suspected violation or as a result of BG’s conclusion that a violations of our agreement with you and these Terms has occurred. Further, this section obligates you to defend BG or pay for its defence (you pay any judgments, settlements, fines, legal fees and cost) if, as the result of your violation of any of these Terms, a third party sues BG. At its sole discretion, BG shall decide whether to allow you to defend BG or whether BG shall defend itself but you will be obligated to pay for all costs and expenses (including reasonable legal fee) that BG has to pay for the defence.
Our intellectual property rights.
We and our licensors own all intellectual property rights, including patent, trademark, copyright and proprietary rights, to our content on the Site including but not limited to all graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services. These rights are protected by all applicable laws. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with these Terms. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
All copyrights in and to the Services (including any compilation of content, postings, links to other Internet resources that we perform) and related software are owned by BG and/or its licensors, who reserve all their rights in law and equity. The use of the Services except for use as permitted by these Terms, is strictly prohibited and infringes on the intellectual property rights of BG or third parties and may subject you to civil and criminal penalties and damages
Our name “BG”, the BG logo, and other BG trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of BG in Singapore and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Protecting your security.
We use reasonable efforts to protect the information we collect from you or you provide us from unauthorized use of third parties. However, we do not represent or guarantee that the use of our Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusions.
You agree and acknowledge that you use our Services and Site at your sole risk, and therefore, we disclaim any and all liability to you relating to the use of your information because of a security attack on our Services and Site
Termination of your account.
You may terminate your agreement and your account with us at any time by visiting your account setting or by sending us a request via one of the methods described on our Contact Us page.
We reserve the right to terminate our agreement with you, your account or restrict your use of the Services, without notice, for any or no reason whatsoever. We may send you notice electronically, either before or after we terminate your account.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES PROVIDED VIA THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES PROVIDED BY BG ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
BG HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY AND ALL SERVICES IT PROVIDES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BG DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR PROVIDED BY THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BG OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY.
IN NO CASE SHALL BG, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCES OF THE SITE, YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN POSTING OR SAVING A USER CONTENT ON THE SERVICES OR ON THE SITE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT POSTED, UPLOADED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.
This Site is owned and operated by BG in Singapore and BG makes no representation that the contents of the Site and/or the Services are appropriate or available for use in your location. By accessing this Site from any other jurisdictions, you are doing so on your own initiative and are liable for compliance with local laws, if and to the extent such local laws are applicable.
Any dispute, claim or controversy at law or equity that arises out of or in connection with our agreement with you, these Terms, the Services and/or the Site (each a “Claim”) shall be referred to and finally resolved by arbitration in Singapore administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference to this section.
The Tribunal shall consist of one (1) arbitrator.
The language of the arbitration shall be in the English language
Unless otherwise expressly stated, BG may notify you with respect to the Services by sending an email to the email address you provided, or by posting a notice on the Services or the Site.
Notices shall become effective (i) (if sent by email of posting a notice on the Services or the Site) immediately; (ii) (if sent by way of letter via registered post) two business days from and including the date of postage.
Please feel free to contact us via one of the methods described on our Contact Us page, or send a letter to Consumer Affairs at BG,
NSTBG PTE LTD.
11 Collyer Quay, #10-16 The Arcade, Singapore 049317
Relationship of parties.
Nothing in these Terms shall constitute or be deemed to constitute an agency, partnership or joint venture between BG and you. Neither party shall have any authority to bind the other in any way.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BG without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BG’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, your access of our Site and/or use of the Services available on or through this Site are governed by and shall be construed in accordance with the laws of the Republic of Singapore, without giving effect to any principles of conflicts of law.