Last Updated: July 12, 2012
In using or accessing this website you are deemed to have read carefully and agreed to the following terms and conditions:
Use of the Site
You will not use the Site in any way that is unlawful or harms 1Derrick, its directors, employees, affiliates, distributors, partners, service providers and/or any other user/ visitor of the Site and/or other data or content on the Site. You may not use the Site in any manner that could damage, disable, overburden, block, or impair the Site, whether in part or in full and whether permanently or temporarily, or disallow or interfere with any other party's use and enjoyment of the Site and the Services.
In particular you shall not:
- use, publish, modify or share any information or Site Content of any third party to which You do not have a right to;
- use the Site to defame, abuse, solicit, harass, stalk, threaten or otherwise violate the legal rights of any person;
- use the Site to upload or distribute any information that promotes or contains bigotry, racism, hatred, profanity or obscenity, promotes physical harm or harms minors in any way;
- engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any person;
- use the Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material;
- distribute any downloaded file that you know, or reasonably should know, cannot be legally distributed;
- do any act that violates 1Derrick's intellectual property or intellectual property rights in the Site Content or any intellectual property rights of any third party;
- provide misleading information about the origin or source of information or content provided by You on the Site;
- use the Site to store and/or display and/or publish any adult or offensive content, which without limitation includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult content" is left entirely to 1Derrick's discretion;
- threatens the unity, security or sovereignty of any country;
- violate any law for the time being in force.
At all times, You will be solely responsible for keeping secure the user identity/login name and password required to access the Site, Site Content and Services. All acts and actions performed by any person using the identity/login name and password allotted to You shall be deemed to have been committed by You or under Your authority and You will be liable for the same. You will ensure that the password is kept confidential and not shared with any other person.
You shall not share your login name and password with any other individual or corporate entity and You will not permit any other person or entity to use the Site via Your login name and password either concurrently with You or otherwise. 1Derrick reserves the right to refuse, disable or terminate your Site access or account, whether in part or in full, if in its sole discretion at any time it is found that You have been sharing Your password or using someone else's password in any unauthorized way or have been using such password for any illegal or unauthorized purpose or You have infringed or likely to infringe the copyrights or other intellectual property rights of 1Derrick and/or other third party.
You can personalize your use of the Site through "MyPage", a feature available exclusively to users who have registered/ subscribed to the Site.
On each of Your exclusive MyPage You may:
(i)'pin up' Site Content from the Site and write your views on the same,
(ii)post your own content (such as information and stories) or content from third party sources such as third party websites and provide for links of other websites and write your views on the same ("User Content");
(iii)'pin up' content posted by other users on their MyPage ("Other User Content") to which You have access to and right to pin up the same.
You may create a single MyPage or multiple MyPages and you shall determine whether or not such pages can be viewed by other users (or only certain users) of 1Derrick. If you determine that Your MyPages can be viewed by other users all the Content (including Site Content, User Content and Other User Content) that can be viewed by the Users can by re-pined by such Users on their respective MyPage.
In cases where Your MyPage(s) is viewable by other users, You hereby grant 1Derrick a perpetual, worldwide, non-exclusive, sub-licensable license to all Your User Content. You specifically consent that Your User Content may be 'pinned' up by other users who have registered/ subscribed to the Site.
You represent and warrant that all User Content posted by You on MyPage(s) does not infringe any intellectual property rights or any other third party rights. You further represent that you have validly procured all necessary right, licenses and consents in relation to such User Content. 1Derrick shall not be responsible for any liability (including infringement of intellectual property rights or other third party rights) in relation to the User Content.
You may post the Site Content, User Content and/ or Other User Content on Third Party Sites (defined below) except on websites similar to that of 1Derrick providing similar services with respect to the oil and gas industry.
We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
Content from and posting on / linking to third-party websites
You acknowledge that posting of any of the content from MyPage(s) (including Site Content, User Content and/ or Other User Content) on Third Party Sites (as defined below) shall be governed by the terms and conditions of such Third Party Sites.
We do not monitor or review or provide any representations with respect to the content of Third Party Sites which are linked to from this Site. Links on the Site to Third Party Sites or information are provided solely as a convenience to You. If You use these links, You will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by 1Derrick of the third party, the third-party website, or the information contained therein.
1Derrick will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure of any information, personal or otherwise, on such Third Party Sites. We, therefore, encourage our users to be aware when they leave our Site and to read the privacy statements of such third party websites.
Intellectual Property Rights (IPRs)
1Derrick respects the intellectual property rights of others, and we request our visitors and users to do the same. The Site and the Site Content is protected by applicable intellectual property laws and international treaties.
1Derrick and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Site. The name 1Derrick is the trademark and copyright (or any other intellectual property right) of 1Derrick, the owner of the Site. Any use of the 1Derrick's trademarks or copyright in connection with any product or service that does not belong to the 1Derrick, unless otherwise authorized in a written license agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) and may be actionable under the applicable laws.
1DERRICK DISCLAIMS ANY REPRESENTATION AND WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF (I) THE SITE, SERVICES, AND CONTENT; (II) THIRD PARTY PRODUCTS OR SERVICES ADVERTISED ON OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE; (III) ANY INFORMATION, CONTENT OR ADVICE RECEIVED THROUGH SUCH SITE, LINKS OR PRODUCTS OR SERVICES.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE CONTENT IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTHING ON THIS WEBSITE SHOULD BE TAKEN TO CONSTITUTE PROFESSIONAL ADVICE OR A FORMAL RECOMMENDATION AND WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE CONTENT AND USE OF THIS SITE.
1DERRICK MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SITE, CONTENT, SERVICES OR SERVER THAT MAY BE USED BY 1DERRICK WILL BE UNINTERRUPTED, TIMELY, SECURE, PROBLEM-FREE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, CONTENT OR SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY SERVICES, CONTENT OR OTHER MATERIAL AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.
1DERRICK ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY USER CONTENT WHICH YOU MAY POST ON THE SITE AND YOU ARE SOLELY RESPONSIBLE AND LIABLE IN RESPECT OF SUCH USER CONTENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, 1DERRICK IS NOT LIABLE FOR ANY DIRECT, INDIRECT, REMOTE, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF 1DERRICK HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE OR CONTENT OR SERVICES; (b) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOUR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (c) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at Your cost and expense.
Notification of Changes
Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the Content, Site or Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account (including your subscription) and all related information and files in your account and/or bar any further access to such files or this site. You shall not be entitled to any refund of the subscription fee paid by You at the time of subscribing to 1Derrick's Site, Content or Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Governing Law and Jurisdiction
The Agreement is governed by the laws of Singapore. By accessing the Site, You consent to the exclusive jurisdiction and venue of courts in Singapore in all disputes arising out of or relating to the use of the Site Content or Services. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this paragraph.
The venue of arbitration shall be in Singapore and the arbitration proceedings shall be conducted in English. The award of the arbitrator(s) shall be final and conclusive and binding upon the parties and non-appealable to the extent permitted by applicable law. The parties shall equally share the costs of the fees of the arbitrators, but shall independently bear the costs of their own legal counsel engaged for the purpose of the arbitration.