From time to time we may update the Properties and these Terms of Use. Your use of the Properties after we post any changes to these Terms of Use constitutes your agreement to those changes. You agree to review these Terms of Use periodically to ensure that you are familiar with the most recent version. Ebangkok may, in its sole discretion, and at any time, discontinue the Properties or any part thereof, with or without notice, or may prevent your use of the Properties with or without notice to you. You agree that you do not have any rights in the Properties and that Ebangkok will have no liability to you if the Properties are discontinued or your ability to access the Properties, or any content you may have posted on the Properties, is terminated. We take your privacy very seriously. In addition to reviewing this Agreement, please read our Privacy Policy. Your use of the Properties constitutes agreement to our Privacy Policy as well.
RIGHTS IN MATERIALS
As between you and Ebangkok, Ebangkok owns the Properties, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Properties, and the look and feel, design and organization of the Properties. This includes all intellectual property and proprietary rights in these materials. When you use or download the Properties you do not acquire any ownership of any such content, code, data or materials.
The Properties are only for your personal, non-commercial use. You may not make any commercial use of the Properties, or any content, code, data or materials on the Properties, unless you have received our prior written permission.
Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Properties. Doing so may violate or infringe copyright and other laws of the United States of America and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use. We will enforce our intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
TRADEMARKS
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Properties are registered and unregistered Trademarks of Ebangkok or its affiliates (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits Ebangkok or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Properties without our prior written permission. We will enforce our rights in our Trademarks to the fullest extent of the law, including by seeking criminal prosecution.
USER INFORMATION
If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Properties, or any features at all.
If any of the Properties requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Ebangkok immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Properties. Ebangkok is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
USE OF THE PROPERTIES
You are responsible for your use of the Properties and for any use of the Properties made using your account.
Our goal is to create a positive and safe experience when you and others use the Properties. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Properties, you may not:
violate any law or regulation; violate or infringe any other party’s intellectual property, privacy, publicity, or other legal rights; transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable or inappropriate; make statements or post materials that are false or misleading; collect or store personal data about other users; send unsolicited or unauthorized advertising or commercial communications, such as spam; transmit any malicious or unsolicited software; stalk, harass, or harm another individual; impersonate or misrepresent your affiliation with someone else; use any means to “scrape,” “crawl,” or “spider” any web pages contained in Properties (although Ebangkok may allow operators of public search engines to use spiders to index materials from Properties for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Ebangkok reserves the right to revoke these exceptions either generally or in specific cases); use automated methods to send more requests to Ebangkok servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or interfere with or disrupt the Properties.
TERMINATION
Ebangkok may change, suspend or discontinue any aspect of the Properties or the Properties’ services at any time. If you violate any of these Terms of Use, your permission to use the Properties automatically terminates.
CHANGES TO TERMS OF USE
Ebangkok may, at its sole discretion, change, add to or remove any portion of these Terms of Use at any time. Changes in these Terms of Use will be effective when posted on the Properties.
USER GENERATED CONTENT
As between you and Ebangkok, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials that you may submit, transmit or otherwise make available on or through any Properties (collectively, “User Content”). All User Content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User Content and the right not to have the User Content edited or changed in a way you are not happy with.
UTILIZING USER CONTENT
You grant Ebangkok and its affiliates, representatives and assigns the right to use any or all your User Content, anywhere in the world for an unlimited period of time, in connection with the Properties for any commercial or non-commercial purposes. We may exercise these rights without notice to you and without paying any compensation to you. We may modify your User Content in our discretion. Ebangkok is not required to host, display, or distribute your User Content and we may remove or edit it at any time. Ebangkok may cancel your account and delete all User Content associated with your account at any time, and without notice, if Ebangkok deems that you have violated these Terms of Use, the law, or for any other reason. Ebangkok assumes no liability for any information removed from the Properties, and reserves the right to permanently restrict access to the Properties or a user account.
USER PROMISES
You promise that: (a) you own or have acquired all of the rights in your User Content (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Content) necessary for you to grant to Ebangkok the usage rights in your User Content as described in these Terms of Use; (b) you have paid and will pay in full any financial obligations, of any kind, arising from any use of your User Content; (c) you are the individual pictured or heard in your User Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age in their territory where they can legally grant such permission themselves) who appears or is heard in your User Content to enable you to grant the rights to Ebangkok described in these Terms of Use; (d) you will make such permissions available to Ebangkok upon request; (e) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party; and (f) your User Content complies with these Terms of Use.
You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing promises and to make such records available to Ebangkok upon Ebangkok request.
FEEDBACK
If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content (“Feedback”), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.
MONITORING AND MANAGING USER CONTENT
We may, but are not required to, monitor and review your User Content.
Ebangkok does not endorse or control the User Content transmitted or posted on the Properties and therefore, we are not responsible for it. We do not guarantee the accuracy, integrity, or quality of User Content and User Content may not necessarily reflect the views of Ebangkok. You understand that by using the Properties, you may be exposed to User Content that is offensive, indecent or objectionable to you. We will not be liable to you in any way for any User Content for which we are not responsible, including, for example, for any errors or omissions in any User Content, or for any loss or damage of any kind experienced by you if you use or rely on any User Content made available via the Properties.
LINKING; THIRD PARTY WEBSITES
Please note that this section on Indemnification does not apply to consumers located in New Jersey.
You will fully compensate us and our directors, officers, members, managers, employees and agents (that is, you will indemnify and defend us and them, and hold us and them harmless) for any and all claims, liabilities, costs and expenses incurred as a result of a claim made by a third party, including reasonable legal fees costs, arising from your misuse of the Properties or your breach or violation of law or these Terms of Use.
We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.
This provision does not require you to indemnify Ebangkok for any unconscionable commercial practice by the third party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Properties.
INDEMNIFICATION
Please note that this section on Indemnification does not apply to consumers located in New Jersey.
You will fully compensate us and our directors, officers, members, managers, employees and agents (that is, you will indemnify and defend us and them, and hold us and them harmless) for any and all claims, liabilities, costs and expenses incurred as a result of a claim made by a third party, including reasonable legal fees costs, arising from your misuse of the Properties or your breach or violation of law or these Terms of Use.
We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.
This provision does not require you to indemnify Ebangkok for any unconscionable commercial practice by the third party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Properties.