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Terms of Service
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Your Acceptance
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BY VISITING AND/OR USING THIS WEBSITE(Testsbank.com Website) YOU ACKNOWLEDGE YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
(known as "Terms of Service" herein) AND OUR PRIVACY POLICY.
If you do not agree to any of these terms, then please do not use the
Testsbank.com Website.
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Testsbank.com Website
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The Terms of Service herein apply to all users of the Testsbank.com Website
including test and content authors who contribute and upload their intellectual creations
to the website. The Testsbank.com Website may contain links to third party
websites that are not owned or controlled by Testsbank.com.
Testsbank.com has no control over, and assumes no responsibility for, the
contents, privacy policies or practices of any third party websites.
Also, Testsbank.com will not and cannot censor or edit the contents of any
third-party site. You use it at your own risk. You also expressly relieve
Testsbank.com from any and all liability arising from your use of any
third-party website.
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Account, Password and Security
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To access some features of the Website, you are required to register and create an account.
- You must not use somebody else's account without permission.
- You must provide accurate and complete information when creating your account.
- You are solely responsible for all activities that occurs on your account.
- You must keep your account password secure and confidential.
- You must notify Testsbank.com immediately of any breach of security or
unauthorised use of your account.
- Although Testsbank.com will not be liable for your losses caused by any
unauthorised use of your account, you may be liable for the losses of
Testsbank.com or others due to such unauthorised use.
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User Responsibilities
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- You must not copy or distribute any part of the Website in any medium without
Testsbank.com's prior written approval.
- You must not alter, modify or reverse-engineer any part of the Website other than as may be reasonably necessary to
use the Website for its intended purpose.
- You must not use or launch any automated system, including without limitation, "robots,"
"spiders," "offline readers," etc., that accesses the Website in a manner that sends more
request messages to the Testsbank.com servers in a given period of time than a
human can reasonably produce in the same period by using a convention on-line web browser.
- You agree not to collect or harvest any personally identifiable information, including
account names, from the Website, nor to use the communication systems provided by the
Website for any commercial solicitation purposes.
- You agree not to cause interference or disruption to the network system and network users.
Disruptions include, without limitation, distribution of unsolicited advertising,
'junk' mail, spam, 'pyramid' schemes, 'chain letters', repeated harassment of other
network users, wrongly impersonating another user, falsifying one's network identity
for improper or illegal purposes, propagation of computer viruses,
using the network to make unauthorized entry to any other machine accessible
location, via the network, and distributing of tools designed for compromising
security (i.e. including, but not limited to, password guessing programs,
cracking tools or network probing tools).
- You agree not to use the service for unlawful purposes including infringement
of patent, copyright or trademark, misappropriation of trade secrets, wire fraud,
illegal pornography, obscenity, defamation, invasion of privacy, etc.
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Intellectual Property Rights
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- The content on the Testsbank.com Website, except User Content as defined below,
including without limitation, the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features, trademarks, and logos contained therein
are owned by or licensed to Testsbank.com,
subject to copyright and other intellectual property rights under Singapore and
international conventions.
- Content on the Website is provided to you AS IS for your information and personal use only
and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent
of the respective owners.
- Testsbank.com reserves all rights not expressly granted in and to the Website and the Content.
- You agree to not engage in the use, copying, or distribution of any of the Content other
than expressly permitted herein, including any use, copying, or distribution of User
Submissions of third parties obtained through the Website for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security related features
of the Testsbank.com Website or features that prevent or restrict use or copying of any Content
or enforce limitations on use of the Testsbank.com Website or the Content therein.
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User Content
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- If you are an author of tests, you accept the fact that the User Content, including text and images,
which you upload to the Testsbank.com servers for the purpose of authoring would be viewed
and used by members of the public and that Testsbank.com can not guarantee the non-violation
of intellectual property rights by the users with respect to the User Content.
- You are solely responsible for your own User Content and the consequences of posting and publishing it.
- You warrant that you own or have the necessary licenses, rights, consents and permissions to use and
to lawfully upload the User Content to the Testsbank.com servers.
- You retain ownership rights of your User Content. However, by uploading the User Content to
Testsbank.com servers, you hereby grant Testsbank.com a worldwide, non-exclusive,
royalty-free, sub-licenceable and transferable licence to use, reproduce, distribute, prepare
derivative works of, display, and perform the User Content in connection with the Testsbank.com
Website and Testsbank.com's (and its successor's) business, including without limitation for
promoting and redistributing part or all of the Testsbank.com Website (and derivative works thereof)
in any media formats and through any media channels. You also hereby grant each user of the Testsbank.com Website a non-exclusive licence to access and to use your User Content through the Website.
- You agree not to upload or submit any User Content that is copyrighted or protected by other legal rights unless you
are the owner of such rights or have permission from their rightful owner to post the User Content and to
grant Testsbank.com all those rights stated herein.
- You agree not to upload or submit any User Content that is unlawful, obscene, defamatory, libelous, abusive,
insulting, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct
that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise
inappropriate.
- You agree not to post advertisements or solicitations of business.
- You agree not to publish falsehoods or misrepresentations that could damage Testsbank.com and other users.
- Testsbank.com does not endorse any User Content or any review, opinion, recommendation, or advice expressed therein.
- Testsbank.com expressly disclaims any and all liability in connection with any User Content.
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Assignment
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You may not assign this Agreement, either voluntarily or by operation of law,
and any attempt to do so shall be void. Testsbank.com reserves the right
to assign without restriction or consultation.
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Service Interruptions
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Internet services are never perfect or trouble-free despite best effort to prevent them from occuring.
As such, our services should not be used for mission-critical purposes.
Testsbank.com shall not be liable for any failure, loss of data
or delay in performing its obligations hereunder if such failure or delay is due to
circumstances beyond its control, including, without limitation,
acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood,
lighting, tempest, epidemic, Act of God, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of or delay in
telecommunications or third party services, system failure, failure of third party software or
inability to obtain supplies or power used in or equipment needed
for provision of the services.
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Maintanence
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From time to time, Testsbank.com or their agents may conduct routine
tests, maintenance, upgrade or repair on any part of the System. It endeavours to
give you prior notice thereof. You acknowledge that there may be
instances where it is not practicable for Ray Pac Multimedia to give advance
notice of a disruption, like for example, in the event of an emergency or any event
beyond their control, and hence Ray Pac Multimedia shall be entitled to
disrupt the services to conduct restoration and remedial works without prior notice.
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Termination
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- Testsbank.com reserves the right to terminate this Agreement immediately
without prior notice and to discontinue the service if Testsbank.com believes
that you are in violation of or acted inconsistently with the spirit of the Terms of
Service herein.
- You agree that Testsbank.com may immediately deactivate or delete your account
including all User Content belonging to you and/or bar you from any
further access to such User Content or Ray Pac Multimedia's services.
- You also agree that Testsbank.com shall not be liable to you or any
third-party for any termination of your access to Testsbank.com's services.
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Disclaimer of Warranties
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- Testsbank.com makes no express or implied warranties that your use of our
services would be uninterrupted, timely, error-free or secure.
The security mechanisms implemented by Ray Pac Multimedia may have inherent limitations,
and you must determine for yourself that the Website sufficiently meets your requirements.
- Testsbank.com specifically disclaims all warranties, whether express or implied,
including but not limited to, the implied accuracy, usefulness and completness of its Content,
warranties of merchantability and fitness for a particular purpose.
- You agree that Testsbank.com shall not be liable for any losses or
damages of any kind to you including, but not limited to, those that may result
from service interruptions, delays, non-deliveries, or mis-deliveries.
- Materials downloaded or obtained through the use of Testsbank.com's Website
is done at your own discretion and risk and you are solely responsible for damages of any kind
including, but not limited to, personal injury, academic or test failure, property damage,
corruption or loss of data, virus infection, etc., resulting from your usage.
- Testsbank.com does not warrant, endorse, guarantee or assume responsibility for any
product or service advertised or offered by a third party through the Testsbank.com
Website or any hyperlinked website or featured in any banner or advertisement. Testsbank.com will not be a party to or in any way be responsible for monitoring any transaction between you and
the third-party providers of products or services. You are advised to use good judgement and exercise
caution in any such transaction.
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Indemnification
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You agree to indemnify, defend and hold harmless Testsbank.com, its officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to the Service from and against any and all claims, losses, liabilities, judgments,
obligations, damages, settlements, expenses and costs (including attorneys'
fees and litigation expenses) resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or by any other person accessing the
Service under your account.
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Limitation of Liability
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- Testsbank.com's liability to you
(either directly or as a third party defendant in any action or proceeding)
for any claim arising out of or relating to this Agreement or the provision
of any services under the Agreement shall be limited to the amount of fees paid by you, if any, to
Testsbank.com under this Agreement within one year preceding the
date you contend the claim arose.
- In no event shall Testsbank.com, its officers, Directors, employees or agents be liable to
you for any loss of data, loss of profits, or any other special, incidental, consequential,
direct, indirect or punitive damages whatsoever, however caused and regardless of
any theory of liability.
- In no event shall Testsbank.com, its officers, Directors, employees or agents be liable to
you for any User Content or User conduct that is deemed to be defamatory, offensive or illegal.
- This Website and its services are offered by Testsbank.com in Singapore. Testsbank.com makes no representations that the Website is appropriate or available for use in other locations.
Users who access the Website outside Singapore do so at their own volition and are responsible
for compliance with their local laws.
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Advertising
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Testsbank.com may include your name for the purpose of promoting the use of
the Services. Testsbank.com will not use your name or other
personally identifiable information in any other advertising or promotional materials,
without your prior written consent, which may not be unreasonably withheld.
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Release of Information
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Testsbank.com reserves the right to release the contact
information of Users involved in violations of system security to
system administrators at other sites, in order to assist them in resolving
security incidents. Testsbank.com will also fully cooperate
with law enforcement authorities in investigating suspected lawbreakers.
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Jurisdiction
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- You agree that the Terms of Service herein shall be governed by the Laws in Singapore.
Any claim or dispute between you and Testsbank.com that arises in whole or in part from the
Testsbank.com Website shall be decided exclusively by a court of law in Singapore.
- The Terms of Service herein, together with the Privacy Notice at http://www.raypacmultimedia.com/privacy.php
shall constitute the entire agreement between you and Testsbank.com for the Testsbank.com Website.
- If any provision of these Terms of Service is deemed invalid by a court of law in Singapore, the invalidity of such
provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall
remain in full force and effect.
- Testsbank.com reserves the right to amend these Terms of Service at any time and without notice,
and it is your responsibility to review these Terms of Service for any changes. Your use of the
Testsbank.com Website following any amendment of these Terms of Service will signify your assent to
and acceptance of its revised terms.
- YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Testsbank.com WEBSITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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