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1. Terms and Conditions
of Use of Site
This web site (the "Site") is provided by Putahracsa,
conditional on your acceptance of the terms and conditions of
use set forth below (the "Terms and Conditions"). By
visiting or using this Site (collectively, "Use" of
the Site), including without limitation to access, use, and/or
download messages, information, data, text, software or images,
or other Content from this Site, or to send messages, information,
data, text, software or images, or other Content to the Site,
(collectively, the "Content"), or to use any Site-related
services (the "Services"), you agree on your own behalf,
and on behalf of any entity on whose behalf you may act, to accept
and abide by the Terms and Conditions for each Use of and each
visit to this Site. If you do not agree to abide by these Terms
and Conditions, you should not Use this Site. Similarly, if you
are dissatisfied with the Site, your sole and exclusive remedy
is to discontinue using the Site. These Terms and Conditions shall
survive any such termination.
Putahracsa has the right, in its sole discretion, to add to, remove,
modify or otherwise change any part of the Terms and Conditions,
in whole or in part, at any time. Changes will be effective when
notice of such change is posted at our sites. Please check the
Terms and Conditions frequently for updates by checking the date
of "Last Update" at the top of this document. If any
term, condition or any change thereto is not acceptable to you,
you must discontinue your use of this Site immediately. Your continued
use of this Site after any such changes are posted will constitute
acceptance of those changes. These Terms and Conditions apply
exclusively to your use of this Site and do not alter the terms
or conditions of any other agreement you may have with Putahracsa.
2. Participation and Jurisdiction
Putahracsa makes no representation or warranty that Content at
this Site is appropriate or available for use at any locations
outside Thailand. Accessing the Content from locations where the
Content is illegal is prohibited. Those who choose to access this
Site from other locations do so on their own initiative and are
responsible for compliance with local laws.
3. Changes to Site
Putahracsa may, at any time without notice or liability, and for
any reason whatsoever, terminate, change, suspend or discontinue
any aspect of this Site, including (i) changing the availability
of, restricting access to, or imposing limits on any or all features
or services on, or links to, the Site (ii) adding, removing or
changing any fees or charges for Use of the Site (including for
any Services) or any features thereof; (iii) removing, adding,
modifying or otherwise changing any Content on this Site. Putahracsa
reserves the right, in its sole discretion, to correct any errors
or omissions in any portion of this Site at any time without notice,
but confirms that it has no duty to do so.
4. Permitted Uses
You agree to only Use the Site for lawful purposes, and to only
send Content and receive Content that is proper and related to
the particular Service, and Putahracsa (subject to the Terms and
Conditions herein) grants you a non-exclusive, non-transferable,
non-sublicenseable, revocable, limited right, to so Use the Site
solely for your own personal or internal company use. You may
download or make a single copy of all or any part of the Content
for your own personal use, provided you display our copyright
and/or trade-mark notices on your copy.
5. Prohibited Uses
You may not, nor may you allow others to, directly or indirectly:
1.
remove from any copy of the Content, the copyright or other
proprietary notices contained in the Content; sell, modify or
attempt to modify the Content in any way or reproduce or publicly
display, perform, or distribute or otherwise use any Content
for any public, commercial, or non-educational or non-personal
purpose, including without limitation use of the Content on
any other web site; or transfer any of the Content to any other
person without the prior written consent of Putahracsa;
2. print or copy any of the HTML or other computer software
that is accessible at this Site;
3. Use this Site in any manner that could damage, disable, overburden,
impair, interfere with the security of, negatively affect the
functioning of, or otherwise abuse, this Site or any services,
system resources, accounts, servers, networks, affiliated or
linked sites, connected to or accessible through this Site (including
without limitation uploading, posting or otherwise transmitting
on this Site computer viruses, Trojan horses, worms or other
files or computer programs which are potentially harmful, disruptive
or destructive or that may impose an unreasonable or disproportionately
large load on this Site's infrastructure; or using any robot,
spider or other automatic program or device, or manual process
to monitor, copy, summarize, or otherwise extract information
from this Site or the Content in whole or in part);
4. use or attempt to use another's credit card information,
personal information, or other information in connection with
this Site without prior written authorization from Putahracsa;
create or use a false identity on this Site, or impersonate
any person or entity or otherwise misrepresent your affiliation
with any person or entity; or attempt to obtain unauthorized
access to this Site; or send to this Site or Putahracsa any
incomplete, false or inaccurate information; or
5. disrupt or interfere with any other person's use or enjoyment
of this Site or affiliated or linked sites, or any services
thereof; or delete or revise any Content posted on this Site.
In addition, you agree that you are solely responsible for actions
and communications undertaken or transmitted in the course of
your usage of this Site, and that you will comply with all laws
that apply or may apply to your use of or activities on this
Site or in respect of the Content. Putahracsa will investigate
occurrences which may involve violations of such laws, and may
involve, and co-operate with, law enforcement authorities in
prosecuting users who are involved in such violations. Putahracsa
reserves the right at all times to disclose any information
regarding your usage of the Site as necessary to satisfy any
law, regulation or governmental request.
6. Proprietary Rights
1. This Site, including without limitation all Content, is protected
by Thai and worldwide copyright laws and treaty provisions.
Any unauthorized copying, redistribution, reproduction or modification
of the Content by any person may be a violation of trade-mark
and/or copyright laws and could subject such person to legal
action. You agree to comply with all copyright laws worldwide
in your use of this Site and to prevent any unauthorized copying
of the Content. Any software, as well any files, images generated
by such software, code and data accompanying such software (the
"Software"), used or accessible through this Site
is the copyrighted work of Putahracsa or its licensors. Except
as permitted by law, you may not use the Software for any other
purpose or attempt to decipher, decompile, disassemble or reverse
engineer any of the Software comprising or in any way making
up a part of the Site.
2. Certain names, graphics, logos, icons, designs, words, titles
and phrases on this Site constitute trade-marks, trade names,
trade dress and associated products and services of Putahracsa
or its affiliates (the "Marks"), and are protected
in Thailand and internationally and their display on this Site
does not convey or create any licence or other rights in the
Marks. Any use of any of same, in whole or in part, without
prior written authorization of Putahracsa is strictly prohibited.
3. Other trade-marks, trade names, trade dress and associated
products and services mentioned on this Site may be the trademarks
of their respective owners. The display of these trade-marks,
trade names, trade dress and associated products and services
on this Site does not convey or create any licence or other
rights in these trademarks or trade names. Any unauthorized
use of them is strictly prohibited.
4. Putahracsa considers all of its intellectual properties to
be very important assets of Putahracsa and will protect them
from unauthorized use by others. Except as expressly provided
herein, Putahracsa does not grant any express or implied right
or license to you to use any intellectual property, including
without limitation any patent, trademark, copyright, trade secret,
or confidential information, of Putahracsa or of any other contributor
of Content to the Site.
7.
Links and Disclaimers of Linked Sites
Certain links on this Site may take you to other web sites. Putahracsa
provides these links only as a convenience. These linked sites
are not necessarily under the control of Putahracsa. If you use
these sites, you will leave this Site. If you decide to visit
any linked site, you do so at your own risk and it is your responsibility
to take all protective measures to guard against viruses and other
destructive elements.
Putahracsa is not responsible for the contents of any such linked
pages or any other pages not under its control. Putahracsa makes
no representation or warranty regarding, and does not endorse,
any linked web sites, the information appearing thereon or any
of the products or services described.
Links do not imply that Putahracsa sponsors, endorses, is affiliated
or associated with, or is legally authorized to use any trademark,
trade name, logo or copyright symbol displayed in or accessible
through the links, or that any linked site is authorized to use
any trademark, trade name, logo or copyright symbol of Putahracsa.
You agree that you shall not point or link from a site directly
to content within this Site without the express prior written
permission of Putahracsa. Putahracsa reserves the right to disable
links from third party sites to this Site.
Putahracsa welcomes links to this Site. However, you agree that
if you want to link to this Site, you may only do so provided
you (a) provide Putahracsa with prior written notice describing
the nature and features of the Site and the location of the link
to the Site, (b) obtain the prior written consent of Putahracsa
to such link, and (c) agree to the link conditions (the "Link
Conditions") described below. By establishing a link to this
Site, you will be deemed to have agreed to these Link Conditions:
1.
A link may only be established to the following home page of
this Site: http://www.putahracsa.com. Links may not be established
to any other pages on this Site without Putahracsa’s prior
written permission.
2. If you link to this Site, Putahracsa grants you a limited,
non-exclusive, non-transferable, royalty-free license to use
the Putahracsa trademark and internet icons, if available, (the
"Licensed Marks") solely for the purpose of serving
as a link from the applicable web site to this Site. For greater
certainty, except for the limited license to use the Licensed
Marks granted in this paragraph, you may not use any of Putahracsa's
trademarks or service marks for any reason without Putahracsa
's prior written permission.
3. The linked website shall not:
o
change in any material way the nature and features of such
website from that described to Putahracsa in the written notice
provided to Putahracsa prior to the establishment of the link;
o create frames around any part of this Site or use other
techniques that alter the visual presentation of this Site;
o and other materials shall not, imply that Putahracsa is
endorsing you or any other person, or your or such other person's
products or services;
o imply an affiliation between you or any other person, or
your or such other person's products or services, and Putahracsa
without the prior written consent of Putahracsa;
o misrepresent the relationship of you or any other person
with Putahracsa or present false, misleading or otherwise
damaging information or impressions about Putahracsa or any
of its products or services; and
o contain materials that may be interpreted as distasteful,
harmful, offensive, or inaccurate, and shall be appropriate
for all age groups.
4.
For greater certainty, Putahracsa shall have no responsibility
or liability for any content appearing on the linked web site.
5. Putahracsa may at any time, in its sole discretion, immediately
terminate any license to use the Licensed Marks and any right
to link to this Site, with or without cause. If Putahracsa exercises
this right, you shall immediately remove all your links to this
Site and shall cease using the Licensed Marks;
Putahracsa may amend these Link Conditions at any time. For
greater certainty, you agree to abide by these Link Conditions
as amended from time to time.
8.
User Communications
Subject to any applicable law and the requirements of the Putahracsa
Privacy Policy, any communications sent by or to you via this
Site or otherwise to Putahracsa are on a non-confidential basis,
and Putahracsa is under no obligation to refrain from reproducing,
publishing or otherwise using them in any way or for any purpose.
Putahracsa shall be free to use and disclose the content of any
such communication, including without limitation any ideas, inventions,
concepts, techniques or know-how disclosed therein, for any purpose
including without limitation developing, manufacturing and/or
marketing goods and services. You agree to not assert any ownership
right of any kind in such communications (including without limitation
copyright, trade-mark, patent, unfair competition, moral rights,
or implied contract) and you hereby waive the right to receive
any financial or other consideration in connection with such communication,
including without limitation acknowledgement of you as the source
of such communications.
9. Disclaimers
Putahracsa makes reasonable efforts to ensure that the content
it provides to the site is accurate and current. However, you
acknowledge and agree that:
1.
Putahracsa makes no representation or warranty of any kind regarding
the Site, (including without limitation the Content and each
Service), including without limitation as to the truthfulness,
accuracy, reliability, currency, veracity or completeness of
the Content or about the results to be obtained using the Content
or any Service;
2. that you will be solely responsible for any Content you provide
the Site or otherwise provide to Putahracsa, including without
limitation for its truthfulness and accuracy; and
PUTAHRACSA AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY
DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS,
EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS
OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF
DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, PUTAHRACSA
DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE
WITHOUT INTERRUPTIONS OR BE ERROR-FREE.
10.
Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL PUTAHRACSA OR ANY OF ITS AFFILIATES
HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE
FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT,
NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION
DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES
FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA,
LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL),
ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR
ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS
SITE, THE CONTENT, ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE
OF SUCH WEB SITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED
AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES OR
CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION
TO OR FROM SUCH WEB SITES) EVEN IF HOCKLEY VALLEY OR ANY OF ITS
AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
11.
Indemnity
You agree to defend, indemnify and hold harmless each of Putahracsa,
its affiliates, and each of their officers, directors, employees
and agents, including all third parties mentioned at the Site,
from and against any and all claims, actions or demands, including
without limitation reasonable legal and accounting fees, alleging
or resulting from your use of the Site (including without limitation
the Content and each Service) or your breach of the Terms and
Conditions.
12. Choice of law
This Site is controlled, operated and administered by Putahracsa
from its offices within Thailand. By accessing this Site, you
agree that all matters relating to the access to, or use of, this
Site shall be governed by the laws of Thailand, without reference
to its conflict of laws principles, and that you will comply with
all such applicable laws.
13. General
The Terms and Conditions constitute the entire agreement between
Putahracsa and you with respect to the subject matter hereof,
and supersede all communications, representations or agreements,
either oral or written, between Putahracsa or its affiliates and
you with respect to this subject matter. Any cause of action you
may have with respect to your use of this Site or which is the
subject of the Terms and Conditions must be commenced within one
(1) year after the claim or cause of action arises. If for any
reason a court of competent jurisdiction finds any provision of
the Terms and Conditions or portion thereof to be unenforceable,
that provision shall be enforced to the maximum extent permissible
so as to effect the intent of the Terms and Conditions, and the
remainder of the Terms and Conditions shall continue in full force
and effect. No waiver of any provision herein shall be valid unless
in writing and signed by an authorized representative of both
you and Putahracsa. Putahracsa’s failure to insist upon
or enforce strict performance of any provision of the Terms and
Conditions or any right shall not be construed as a waiver of
any such provision or right. No changes to the Terms and Conditions
shall be made except by a revised posting on this page. The Terms
and Conditions shall ensure to the benefit of Putahracsa and its
affiliates. Any and all references in the Terms and Conditions
to Putahracsa and its affiliates shall, where the context so permits,
include Putahracsa's parent companies, sister companies, and their
respective subsidiaries, affiliates, directors, officers, employees,
contractors and agents. The headings contained herein are for
convenience only and shall have no legal or interpretative effect.
Additional terms and conditions may apply when you use other services,
affiliate services, third party content or third party software
on or through a link provided on the Site. Putahracsa may assign
its rights and duties under this Agreement to any party at any
time without notice to you. You may not assign your rights and
duties under this Agreement to any party at any time. You agree
that these Terms and Conditions and all documents relating thereto
should be drafted in the English language.
14. Additional Terms of Use
Certain areas of this Site may be subject to additional terms
of use, all of which are incorporated by reference into the Terms
and Conditions. For greater certainty, you agree that by using
such areas, or any part there of, you agree to be bound by the
additional terms of use applicable to such areas.
15. Questions on Terms and Conditions
Should you have any questions regarding the Terms and Conditions,
you may contact Putahracsa at:
info@putahracsa.com
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