PanelPlace Content Terms of Service

1. Introduction

1.1 These Terms apply to all Users of PanelPlace Platform and the Services. By accessing the PanelPlace Platform, you consent and agree to be bound by:

(a) the PanelPlace Terms of Service here;

(b) these Terms;

(d) the Policies available here, including (without limitation) the PanelPlace Community Policy and Community Guidelines;

and any amendments, revisions, updates or modifications to each of the foregoing made by us from time to time.

1.2 We may amend, revise, update or modify these Terms at any time (“Changes”). Changes will be effective when posted on the PanelPlace Platform with no other notices provided and you are deemed to have agreed to the Changes upon their publication on PanelPlace Platform. You must periodically review the most up-to-date Terms here.

1.3 You affirm that:

(a) you are of legal age and are fully able and legally competent to enter into and be bound by these Terms; or

(b) you are the parent or legal guardian of the person using the PanelPlace Platform and agree to these Terms and will ensure that the person using PanelPlace Platform abides by and complies with these Terms.

1.4 If you are not of legal age nor legally competent, you must obtain permission from your parent(s) or legal guardian(s) to open an account on the PanelPlace Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms on the minor's behalf and you will be responsible for the minor’s actions, and you will be responsible for any charges associated with the minor’s use of the PanelPlace Platform or Services. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this PanelPlace Platform or Services.

2. Using the PanelPlace Platform

2.1 The PanelPlace Platform allows Users to upload User-generated content (“UGC”) in the form of: (a) general comments on the PanelPlace Platform; (b) product reviews; (c) product recommendations; (d) image/photos/screenshots of products; (e) short videos; (f) how to use products guides; and any other feature, Tool or mechanism we release on the PanelPlace Platform. UGC will be published on the PanelPlace Platform and will be available to Users.

2.2 You acknowledge and understand that we only provide a platform for Users to upload Content. You agree that you access the Content at your own risk and that any decision you make to view, or access the Content or any product or service you sell or purchase as a result of viewing, or accessing the Content is entirely between you and the Content provider. You are solely responsible and shall be liable for all Content you upload or otherwise make available on the PanelPlace Platform.

2.3 The PanelPlace Platform may contain links to third party websites that we do not own or control. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the contents of any third-party site. By using the PanelPlace Platform, you expressly relieve us from any and all liability arising from your use of any third-party website.

2.4 We reserve the right to decide which Users will be permitted to access or use any of the features, Tools and Services offered on or through the PanelPlace Platform (including viewing the Content contained in the PanelPlace Platform or uploading the Content into the PanelPlace Platform). You are prohibited from using another person's account without authorisation. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may be liable for the losses or damages we or other third parties suffer due to any unauthorized use of your account.

2.5 You will comply with all applicable laws, regulations, policies or guidelines and obtain all regulatory clearances necessary (eg. any applicable permits or approvals you may require to display advertisements of products) prior to uploading any Content to the PanelPlace Platform.

3. Your Content

3.1 You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content, including (where applicable) the Advertiser Content, you submit; and, you license to us all patents, trademarks, trade secrets, copyright or other proprietary rights in and to such Content for publication on the PanelPlace Platform pursuant to these Terms.

3.2 By uploading Content to PanelPlace Platform, you confirm that you own the copyright material to the Content. If the Content contains third party copyrighted material which you do not own, you shall obtain the copyright owner’s permission prior to uploading, sharing or distributing the Content to the PanelPlace Platform.

3.3 Except for PanelPlace Professionally Generated Content (“PGC”), you retain all of your ownership rights in your Content. However, by using the PanelPlace Platform, you grant to us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable perpetual license to use, keep, recreate, duplicate, share, display, reproduce, modify, distribute, prepare derivative works of, display, and/or perform your Content in connection with the Service and our (and our parent company’s successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the PanelPlace Platform and/or the Service (and derivative works thereof) in any media formats and through any media channels.

3.4 PanelPlace will retain all ownership rights to all PanelPlace PGC uploaded to the PanelPlace Platform.

3.5 You also grant each User of the PanelPlace Platform a nonexclusive licence to access your Content through the PanelPlace Platform, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the PanelPlace Platform and under these Terms.

3.6 The above licences granted by you are perpetual and irrevocable.

3.7 You further agree that the Content you upload on the PanelPlace Platform will not contain third party copyrighted material, or material that is subject to other third party intellectual property or other proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to us all of the license rights granted in these Terms.

3.8 PanelPlace does not in any manner whatsoever endorse any Content uploaded to the PanelPlace Platform or in using the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content.

4. Prohibited Content

4.1 You agree not to upload or otherwise make available any Prohibited Content.

4.2 Without prejudice to the generality of the foregoing, you are to comply with the following restrictions:

(a) No offensive content, such as defamatory content, content involving violence, cruelty, nudity, sex, sexual deviancy, pornography, sexual degradation, solicitation of prostitution, offensive language, crude references or hate speech; or content which is indecent, obscene, false or offensive in character, regardless of whether there is malice or intention to annoy, abuse, threaten or harass any person.

(b) No content which is unsuitable for users aged 18 and below.

(d) No content involving references to physical, mental or sensory disability.

(e) No content which encourages the public to engage in or promote unlawful acts, violence, vice activities, organised crime, selling or consuming narcotics, psychotropics or other addictive substances.

(f) No inflammatory, subversive or seditious content, such as content which incites or promotes conflict against the country or any state, its constitution, government or laws; or incites or promotes conflict between groups, ethnicities, races, religions or genders, or degrade religious or cultural beliefs.

(g) No content involving gambling, such as games, lotteries, horse-racing, sports betting, astrology, geomancy or any other type of gambling device.

(h) No content involving minors without the written consent of such minor’s parent or legal guardian.

(i) No content relating to or promoting content prohibited or banned under any law.

(j) No content which infringes intellectual property rights or causes confusion on the relationship with other organisations or individuals.

(k) No content involving the impersonation of organisations or individuals without such organisations’ or individuals’ written consent.

(l) No content which promotes political messages.

(m) No content which may endanger public health.

(n) No content which may cause harassment, alarm, or distress to any person or group

(o) No content violating data protection laws and intellectual property laws.

(p) No content which is misleading, false or deceptive (for example, content which is misleading as to the price of the product sold and content which makes false claims that the goods will come with free gifts).

(q) No content which contains words like, or are similar to, unverifiable or absolute claims, unless these are permitted under applicable laws, regulations, policies or guidelines.

(r) No content which directly compare the prices, quality and efficiency of your products against other products unless permitted under applicable laws, regulations, policies or guidelines (for Advertisers).

(s) No spam, phishing or fraudulent content.

(t) No content which is prohibited under the Policies, including but not limited to PanelPlace Community Policy and Community Guidelines.

4.3 If your Content involves the use of physical stunts (for example, where it carries a risk of injury or damage whether to property or person), you must ensure the words “Do Not Attempt” or words of similar meaning are prominently featured on the Content.

4.4 We do not permit copyright infringing activities and infringement of intellectual property rights on the PanelPlace Platform, and we will remove all Content if properly notified that such Content infringes on another's intellectual property rights, in accordance with applicable laws on intellectual property rights.

4.5 We reserve the right to remove any Content, to take any enforcement actions as we deem necessary (including any enforcement actions as may be set out in the Policies from time to time, filing of reports to any regulatory authorities and/or law enforcement agencies) and/or to seek any other remedies available to us under the applicable laws and regulations, in each case without prior notice to you or providing any reason for such action.

4.6 You agree that PanelPlace shall not be liable in any manner whatsoever for any losses or damage suffered in any way as result of PanelPlace’s exercise of its discretion to remove Content and/or to take any other actions specified in paragraph 4.5 above.

5. Software Licence and Proprietary Rights of PanelPlace

5.1 All intellectual property rights, whether registered or unregistered, in the PanelPlace Platform, which includes any PanelPlace PGC or information content on the PanelPlace Platform and all the website design, trademarks, logos, text, graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the PanelPlace Platform are protected under applicable intellectual property laws.

5.2 The PanelPlace Platform, Intellectual Property and Contents, or any part thereof, shall not be copied, reproduced, distributed, licensed, transferred, published, in any form, or otherwise dealt with in any manner, except as expressly permitted by the Terms. You shall not disassemble, decompile or reverse engineer the PanelPlace Platform.

6. Restrictions In using the PanelPlace Platform

6.1 PanelPlace hereby grants you a non-exclusive, non-transferable, and revocable right to use the PanelPlace Platform as set forth in these Terms provided that you refrain from doing any of the following if you use the PanelPlace Platform:

(a) download or record the Content unless you see a “download” button or hyperlink to download the Content displayed on the PanelPlace Platform; make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the PanelPlace Platform or any Content, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works;

(b) distribute, license, transfer, or sell, in whole or in part, any of the PanelPlace Platform or any derivative works;

(c) use the PanelPlace Platform, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

(d) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the PanelPlace Platform;

(e) intimidate, abuse, annoy or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(f) use or attempt to use another’s account, service or system without authorisation, or create a false identity on the PanelPlace Platform;

(g) use the PanelPlace Platform in a manner that may undermine the purposes of the PanelPlace Platform, such as trading reviews with other users or writing or soliciting fake reviews;

(h) use or launch any automated system, including without limitation, “robots,” or “spiders,” to upload, transmit, distribute, store or otherwise make available in any way files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or to obtain access to any portion of the PanelPlace Platform that we do not expressly authorise you to access. You also cannot use any automated system or software which may overwhelm the servers of the PanelPlace Platform or PanelPlace Content Service in any way, including, but not limited to causing a Distributed Denial-of-Service Attack on the PanelPlace Platform or PanelPlace Content Service.

(i) bypass the internal workings (including security features) of the PanelPlace Platform (including changing the coding or interface of the PanelPlace Platform or PanelPlace Content Service);

(j) “doxing” other users on the PanelPlace Platform, including revealing the personal information of other users (including names, email addresses, addresses and phone numbers);

(k) promote products sold on competing websites, applications, or platforms;

(l) permit or engage in any fraudulent behaviour against Users, PanelPlace or third parties, including using bots or technology to increase views, followers or sales or manipulate or falsify data;

(m) promote or facilitate the sale of counterfeit goods or goods infringing the intellectual property rights of third parties; and/or

(n) upload, share or distribute Content which may affect other Users’ use of the PanelPlace Platform, PanelPlace Content Service, or the goodwill or reputation of PanelPlace.

7. What We Can Do If You Infringe These Terms

7.1 You agree that the measures set out in this clause shall apply where the relevant provision of the Content on the PanelPlace Platform or use of the Services provided by PanelPlace violates applicable laws, these Term and/or our Policies, and you agree this is without prejudice to PanelPlace’s other rights and remedies under these Terms or in law. The measures include (without limitation):

(a) the immediate removal of the Content;

(b) the deletion of any or all saved Content;

(d) banning you from the PanelPlace Platform or use of the Service for a specified time period or permanently; or

(e) taking any other actions against you or any accounts that you may have registered with PanelPlace (including imposing noncompliance points on violating Advertisers, reversing any transactions carried out by the infringing Users on PanelPlace Platform).

7.2 We may remove any Content you upload to the PanelPlace Platform or disable other people from accessing any Content you upload to the PanelPlace Platform for any reason whatsoever including:

(a) where we deem the Content to be Prohibited Content, at our absolute discretion;

(b) where we have received any request from any authority to remove the Content;

7.3 While you own your Content, you agree that if you are in breach of these Terms, we will have a right to modify your Content (including splicing, cropping or otherwise editing your Content) and use or distribute your Content (whether modified or otherwise) in our sole discretion without your permission.

7.4 When you upload Content into the PanelPlace Platform, you permit us to disclose your identity (including the details you have shared with us when you open your account on the PanelPlace Platform) to other third parties.

8. Your Personal Data

Your personal data will be processed according to the Privacy Policy that is available here.

9. Indemnity

You are responsible for any loss or damage we may suffer as a result of your breach of these Terms and/or our Policies. You also agree to defend, indemnify and hold us and our related companies, officers, directors, employees and agents, from and against any and all claims, losses, liabilities, arising from your use of and access to the PanelPlace Content Service or PanelPlace Platform or from your breach of these Terms and/or applicable Policies. We may also assume control of any matter subject to indemnification by you and you must work with us in making available any defences and indemnify us for any legal fees we may incur.

10. Limitation of Liability

10.1 The PanelPlace Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by PanelPlace of any kind either expressed, implied or statutory with respect to PanelPlace Platform and/or the Services, including, without limitation, warranties of noninfringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in PanelPlace Platform and/or the Services are provided for informational purposes only.

10.2 Without limiting the foregoing, we do not warrant that the PanelPlace Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that PanelPlace Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojanhorses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

10.3 PanelPlace and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the PanelPlace Platform or the Services;

(b) reliance on any data or information made available through the PanelPlace Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to PanelPlace Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

10.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the PanelPlace Platform and/or Services is entirely at your own risk and we shall not be liable therefore.

11. Interpretation

11.1 In these Terms:

“User” means any user of PanelPlace Platform and/or the Services, including both non-registered and registered, (as applicable) Advertisers and consumers on PanelPlace Platform.

“Content” includes any sound, sound sequences, music, text, images / still pictures, photos, moving pictures, videos, software programs, codes or other audio-visual representation or audio-visual combination, or the tactile representation or any combination of the preceding which you may view from the PanelPlace Platform, or post, share or upload to the PanelPlace Platform and which is capable of being created, manipulated, stored, retrieved or communicated electronically. Content includes, but is not limited to, any Content on any interactive UGC channel or tab that is accessible on or through PanelPlace Platform from time to time, PanelPlace PGC, UGC, and comments, reviews and other user interactions posted to PanelPlace Platform (including, without limitation, on any interactive UGC channel or tab that is accessible on or through PanelPlace Platform from time to time or in connection with any PanelPlace PGC and UGC). “PanelPlace Content Service” means viewing, accessing, posting, sharing or uploading any Content to the PanelPlace Platform. “PanelPlace PGC” means Content (which for the avoidance of doubt, includes media Content) that is generated by any third party commissioned or hired by PanelPlace to generate such Content. “PanelPlace Platform” means www.PanelPlace.com or any other internet domain property of PanelPlace, the PanelPlace iOS or Android mobile application and (where applicable) the Advertiser Portal;

“Policies” means the rules, guidelines, terms and conditions, etc. applicable to Users for the use of the Services, PanelPlace Platform, Advertiser Portal, Tools and other PanelPlace properties, as they may appear on the PanelPlace Platform or Advertiser Portal or be communicated from time to time by PanelPlace, including (without limitation) the Privacy Policy and PanelPlace Community Policy and Community Guidelines.

“Prohibited Content” means any content that is:

(a) in breach of any law or regulation, or any guidelines or other instrument issued by any government or regulatory authority;

(b) in breach of the Broadcasting Act or Singapore Code of Advertising Practice;

(d) in breach of PanelPlace’s Policies, including (without limitation) PanelPlace Community Policy and Community Guidelines; or

(e) deemed by PanelPlace in its absolute discretion, to be unsuitable to be on the PanelPlace Platform.

“Advertiser” means a seller which uses the PanelPlace Platform to offer or sell Products to the Users, and includes a Third Party Vendor. PanelPlace may also be a “Advertiser” for selected Products.

“Advertiser Portal” means any tool offered by PanelPlace to Advertiser, for the operation of Advertiser’s operations on the PanelPlace Platform and access to the Services and Tools available at https://ads.panelplace.com. All references to “Advertiser Portal” shall include the PanelPlace helpdesk for Advertisers.

“Advertiser Content” means any Content that is prepared, generated, uploaded, posted and shared by the Advertiser and/or any third party commissioned or hired by the Advertiser, and made available or accessible to Users on PanelPlace Platform by or on behalf of the Advertiser.

“Services” means the use of any services, information or functions made available by PanelPlace on the PanelPlace Platform which for the avoidance of doubt, include the PanelPlace Content Service. Any reference made to the PanelPlace Platform in these Terms, shall include the Services or any part of it, unless otherwise expressly stated.

“Terms” means these terms and conditions. The Terms shall be read together with PanelPlace’s Terms of Service here, which serve as an agreement between you and us for the use of the PanelPlace Platform and the Services. Where there is a conflict between these Terms and PanelPlace’s Terms of Service, these Terms shall prevail with respect to the regulation of any Content on PanelPlace Platform.

“Third Party Vendor” means a seller which, with PanelPlace’s permission, uses the Platform and/or Services to sell Products to the Users, and excludes PanelPlace.

“Tools” means any tools provided by PanelPlace to you in connection with your access to and use of the Services.

“UGC” means Content generated by any User and is uploaded, accessible or viewable on the PanelPlace Platform.

Last updated on 10 August 2022

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