1.) Disclaimer

The Web Site is owned by DestinAsian Media Group and DA MAN magazine (DA MAN).Your access to and use of the Web Site and Service(s), including any purchases for products and service(s) (the "Service(s)") sold via the Web Site, is exclusively governed by these Terms of Use. BY ACCESSING OR USING OUR WEB SITE AND/OR SERVICE(S), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AS DA MAN MAY MODIFY THEM FROM TIME TO TIME. The data contained in our Web Site and/or Service(s) is for entertainment, educational and informational purposes only. DA MAN attempts to ensure that the data provided or otherwise displayed on our Web Site and/or Service(s) is accurate. However, the Web Site and/or Service(s) and its contents are provided on an "as is, as available" basis. Use of the Web Site and/or Service(s) and its contents is at the user's sole risk. DA MAN does not warrant that any functions of the Web Site and/or Service(s) will be uninterrupted or error-free, that defects will be corrected. Any links to information not associated with DA MAN are provided as a courtesy and do not constitute an endorsement by DA MAN or its licensors as to any linked materials. If any provision of these Terms of Use or any application thereof is held to be invalid or unenforceable, that provision shall be deemed severable and the remainder of the Terms of Use shall not be affected.

2.) Modifications

DA MAN may at any time make modifications, changes and alterations to the data of our Web Site and Service(s), including the Terms of Use, without prior notice. You are responsible for regularly reviewing these Terms of Use. Your continued use of our Web Site and/or Service(s) following any modifications, changes or alterations shall constitute your acceptance of such modifications, changes or alterations.

3.) Intellectual Property Statement

All content of our Web Site and Service(s) is the copyrighted material of DA MAN or the appropriate contributor, as applicable, and is protected by international copyright, trademark and other applicable laws. The Web Site and Service(s) includes content, appearances and design, as well as trademarks, product names, graphics, logos, slogans, colors and designs that are the property of DA MAN or other third parties, as applicable. Except as set forth in the relevant license agreements, nothing contained in our Web Site and/or Service(s) grants any license or other right to any of DA MAN's intellectual property or any third party's intellectual property. The appropriate party reserves complete title and interest to its intellectual property on or associated with the Web Site and/or Service(s). You may not copy (other than a copy for personal use, provided you do not remove any trademark, copyright or any other notice contained in the content), modify, distribute, alter, display, reproduce, transfer or republish any of the data of our Web Site and/or Service(s) without obtaining the written permission of DA MAN, as applicable.

4.) Communication

As part of the Web Site and/or Service(s) you agree to receive a series of ongoing communications regarding the Web Site and/or Service(s). Upon receipt of this communication you will have the option to opt out or unsubscribe

5.) User Content

With regard to user-generated exchanges of information and inclusion of content, any information and any content that you upload, exchange, share, store, send or otherwise make available through the Web Site or Service(s) ("User Content") is your responsibility and DA MAN assumes no liability or responsibility for such user generated information and content. This includes, but is not limited to, chat, blogs, e-mail, e-mail addresses and other personally identifying information, SMS, text, photos, video, audio and any other User Content that you may provide or make available and accessible to other users of the Web Site or Service(s). As the user of the Web Site and/or Service(s), you are hereby acknowledging that the community-oriented functionality of the Web Site and Service(s) is inherently intended to provide users with the opportunity to share and provide information that you voluntarily provide and desire to make public and allow any other user of the Web Site and/or Service(s) access to that information. You further acknowledge that certain community features may allow users to contact and otherwise communicate with you directly. DA MAN does not make any representations or guarantees of confidentiality or privacy and accepts no responsibility for User Content and other information provided by users of the Web Site and Service(s). DA MAN is not responsible for monitoring or policing this exchange of information and it is your responsibility to understand the nature of such communication mediums and use your own judgment and consideration as to what information you provide, exchange and otherwise make available. You are using the Web Site and/or Service(s) with the express knowledge that you are sharing information with known and unknown people and you assume all risks, consequences, liability and responsibility inherent with that exchange of information. In addition, DA MAN may not always have control of the User Content posted via the Web Site or Service(s) and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Web Site and/or Service(s), you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will DA MAN be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, e-mailed, transmitted or otherwise made available via the Web Site and/or Service(s).

DA MAN expressly states and you hereby acknowledge and understand that DA MAN is not accepting any responsibility for monitoring or policing the exchange of User Content and other information included or otherwise made available through the Web Site or Service(s) and that DA MAN does not accept any liability or responsibility express or implied involved with or resulting from the use of the Web Site and Service(s). However, as the provider of the Web Site and Service(s), DA MAN reserves the right to monitor, view, store, forward and use any and all information and content provided by you through the use of the service. Furthermore, the DestinAsian Media Group may use any and all User Content and other information made available or otherwise provided by you through the use of the Web Site and Service(s) in various ways, including but not limited to, understand user behavior and patterns, for internal discussion, make decisions about advertising placement and sponsors, improving the quality, functionality and user experience of the Web Site and Service(s) and any related materials. Furthermore, you acknowledge and agree to comply with and strictly adhere to the member conduct detailed in the Member Conduct section of this agreement.

You are solely responsible for User Content that you provide on the Web Site or Service(s). With respect to User Content, you hereby represent and warrant that (a) you own the User Content or have all necessary licenses or permissions necessary to provide the User Content and authorize the Company to use all copyright, patent or other proprietary rights in and to any User Content in manner required pursuant to the Web Site or Service(s); and (b) you have the written consent, license or permission of each identifiable person to include any name or likeness of such person in the User Content.

DA MAN does not claim ownership of User Content you submit or make available for inclusion on the Web Site and/or Service(s). However, with respect to User Content you submit or make available for inclusion on publicly accessible areas of the Web Site and/or Service(s), you grant DA MAN (and other users of the Web Site and/or Service(s)) the following world-wide, perpetual, irrevocable, sub-licensable, assignable, royalty-free and non-exclusive license(s), as applicable: (a) with respect to User Content you submit or make available for inclusion on publicly accessible areas, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Web Site and/or Service(s) solely for the purposes of providing and promoting the publicly accessible areas to which such User Content was submitted or made available; and (b) with respect to User Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Web Site and/or Service(s), the license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Web Site and/or Service(s) are those areas of the network of properties that are intended to be available to the general public. However, publicly accessible areas of the Web Site and/or Service(s) would not include portions of any clubs and groups that are limited to members.

6.) User Conduct

DA MAN may at any time make modifications, changes and alterations to the data of our Web Site and/or Service(s). Such modifications may include messages boards, e-mail or other Service(s).You acknowledge and agree that DA MAN may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of DA MAN, its users and the public.

You understand that the technical processing and transmission of the Web Site and/or Service(s), including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7.) Disclaimer of Warranties

YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE WEB SITE AND/OR THE SERVICE(S) IS AT YOUR SOLE RISK. DA MAN, THEIR AFFILIATES, THIRD PARTY LICENSORS AND SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND/OR SERVICE(S) AND YOUR USE THEREOF. DA MAN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE WEB SITE AND/OR THE SERVICE(S) OR ON ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEB SITE AND/OR SERVICE(S), (III) ANY UNAUTHORIZED ACCESS TO OR USE OF DA MAN’S SECURE SERVERS OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF YOUR USE OF THE WEB SITE AND/OR SERVICE(S), (V) ANY BUGS, VIRUSES, OR TROJAN HORSES, OR RELATED PROBLEMS THAT MAY BE ACQUIRED OR TRANSMITTED IN CONNECTION WITH THE WEB SITE AND/OR THE SERVICE(S), AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, PROVIDED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE OR THE SERVICE(S). DA MAN DOES NOT REPRESENT, WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON THE WEB SITE, SERVICE(S), ANY LINKED WEBSITE, OR BANNER OR OTHER ADVERTISING, AND DA MAN WILL NOT IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS.

8.) Limitation of Liability

IN NO EVENT WILL DA MAN OR THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, CONTRACTORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH (I) ANY PARTY'S USE OF THE WEB SITE AND/OR SERVICE(S) OR A LINKED SITE, (II) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, LINE SYSTEM FAILURE OR LOSS OF DATA, (III) ANY LOSS OF USE RELATED TO OUR WEB SITE AND/OR SERVICE(S) OR A LINKED SITE, (IV), ANY WEB SITE OPERATED BY ANY THIRD PARTY, (V) OR ANY CONTENT OF THIS WEB SITE OR ANY LINKED SITE, EVEN IF THE COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DA MAN’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS WEB SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY, IN THE THREE MONTHS THAT PRECEDING SUCH ACTION.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DA MAN AND IT’S RESPECTIVE AFFILIATES, LICENSORS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO ANY BREACH BY YOU OF ANY OF THESE TERMS OF USE OR APPLICABLE LAW, INCLUDING THOSE REGARDING INTELLECTUAL PROPERTY.

9.) Subscriptions

If you are a subscriber to any paid Service in connection with the Web Site (a "Subscribed Service"), you are responsible for paying any required subscription fees. You are responsible for providing all computer hardware and software or other equipment necessary to gain access to the Subscribed Service. Access to and use of a Subscribed Service requires a combination of an identification name and a password. You must keep this identification name and password confidential.

A Subscribed Service is for the private, non-commercial enjoyment of subscribers only and any other use is strictly prohibited. You agree not to copy, publish, or in any way make available publicly any material from a Subscribed Service without the express written consent of DA MAN. DA MAN may limit your access to a certain number of physical locations or equipment or simultaneous log-ins.

10.) Termination of Web Site and/or Service(s)

DA MAN reserves the right to terminate the Web Site and/or Service(s) in their entirety at any time and for any reason.

PRIVACY STATEMENT

DA MAN strives to ensure the privacy and accuracy of your confidential information. In order for you to purchase products and Service(s) that we offer via the Web Site, we require you to provide us with information that personally identifies you ("Personal Information"). Personal Information may include (i) contact data (such as your name, physical and e-mail addresses, phone numbers and domain names), and (ii) financial data (such as your account or credit card number).

Aggregate information on Web site usage may be recorded, and information volunteered by site users including all data submitted may be collected and stored. This includes the use of specific services on the Web Site and/or Service(s) such as performing keyword searches, registering for events, or requesting additional information. We may also collect and retain your e-mail address and any other information you provide, when you communicate with us via e-mail to provide online services, and to enhance our Web content and improve our quality of service.

Furthermore, all of the customer data we collect is protected against unauthorized access and is never sold, traded or rented for commercial purposes to other organizations except to provide services, information, or products you've requested, when we have your permission, or in the following circumstances: (a) in the case of a sale of all of the assets of DA MAN, a merger involving DA MAN, a sale of assets involving DA MAN or a corporate reorganization involving DA MAN; (b) DA MAN retaining another or an additional provider of services that requires the information to complete such services; and (c) when it is necessary to share information to investigate, prevent, or take action regarding illegal activities, suspected threatening or fraudulent activities, and violations of Terms of Service, or as otherwise required by law.

In addition, please keep in mind that whenever you voluntarily disclose Personal Information on-line, for example on message boards, through e-mail or in chat areas, that information can be seen, collected and used by others.

Through the Web Site and/or Service(s) you may be introduced to a variety of third-party vendors and sites. The privacy policies of these third parties are not under our control. The use of any information that you may provide to any third party will be governed by the privacy policy of the operator of the site that you are visiting, which may differ from ours. As well, in some cases these third parties may share the information that they collect about you with DA MAN. Because we do not control the privacy policies of our business affiliates or any other sites to which we may provide hyperlinks, we recommend you review the privacy policy of the site you are visiting. If you cannot find that site's privacy policy, or if you are uncertain about the entity to which you are providing your information, you should contact that site directly for more information.

The Web Site and/or Service(s) may include a variety of features, such as bulletin boards and chat rooms, which allow feedback to us and real-time interaction between site users. DA MAN does not control the posting of messages, information or files that others may provide through the Site. You understand that DA MAN has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Web Site and/or Service(s) through which users can supply information or material. However, DA MAN reserved the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in DA MAN’s sole discretion are objectionable or in violation of the Terms of Use.