6. License and Website Access
Scitix grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Scitix. This license does not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Scitix in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Website is subject to those agreements or applicable separate terms or, if you have a Scitix account, the Agreement.
Scitix may, in its absolute discretion, restrict or deny your access to the Website, or block access from a particular IP address to this Website, at any time without ascribing any reason whatsoever and without prior notice.
7. Links to Third-Party Websites
This Website may contain hyperlinks to one or more websites operated by third parties. Scitix has no control over, any is not responsible for, any such other websites, the contents therein or the products/services offered, and shall not be liable for any damages or loss arising from access to those websites. The existence of any such hyperlinks shall not be taken to constitute any endorsement of, or representation or warranty by Scitix regarding, such websites (whether as to their contents, any products or services offered thereon, their operators or otherwise). Any hyperlinks to other websites are provided as a convenience only, and under no circumstances should Scitix be considered to be associated or affiliated with any of the operators of the websites which are linked, unless expressly stated otherwise. Your access to and use of such websites is governed by the terms of use and privacy policies of those websites, and shall be entirely at your own risk.
8. Your Account
If you use the Website, you are responsible for maintaining the confidentiality of your Scitix account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Scitix reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
9. Prohibited Uses
Except as otherwise stated in these Terms of Use or as expressly authorized by Scitix in writing, you may not:
· reproduce, duplicate, copy, sell, resell, visit or otherwise exploit the Website or the Materials for any commercial purpose without express written consent or license of Scitix;
· frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Scitix without express written consent;
· use any meta tags or any other “hidden text” utilizing Scitix’s name or trademarks without the express written consent of Scitix;
· create a hyperlink to the home page of the Website without the express written consent of Scitix;
· use any Scitix logo or other proprietary graphic or trademark as part of the link without express written permission of Scitix;
Any unauthorized use terminates the permission or license granted by Scitix.
10. Limitation of Liability
In no event shall Scitix, its affiliates, or any of its and their respective officers, directors, employees or agents be liable to you or any other person or entity for any damages of any kind, including, but not limited to, direct, indirect, consequential, incidental, special or exemplary damages (including but not limited, to loss of profits, trading losses, loss of data or loss due to damage to equipment) arising out of the use, inability to use, unauthorized access to or misuse of this Website and/or any content or information contained thereon, whether based upon warranty, contract, tort (including negligence) or otherwise, even if Scitix has been advised of the possibility of such damages or losses.
11. Waiver
Any waiver shall be expressly confirmed in writing, and the delay or failure by Scitix to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. No waiver in any one or more instances of any breach of the provisions of these Terms of Use shall affect the rights of Scitix to enforce such provisions or to exercise any rights in the event of any subsequent breach, whether similar or dissimilar. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you agree that the court shall endeavor to give effect to the commercial intentions as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect.
12. Jurisdiction and Governing Law
These Terms of Use shall be governed by, and shall be construed in accordance with, the law of Singapore. Any dispute arising out of or in connection with these Terms of Use including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration 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 in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator agreed upon by both Parties or, if not so agreed, appointed by the President of the Court of Arbitration of SIAC for the time being. The language of the arbitration shall be English.