Terms and Conditions of Service

ThaiExaminer.com

MEMBER TERMS AND CONDITIONS

(YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER ON OR USE THE ThaiExaminer.com WEBSITE. ACCESS OR USE OF THIS SITE OR ITS CONTENTS BY ANY PERSON UNDER THE AGE OF 18 IS STRICTLY PROHIBITED.)

Please read this Member Terms and Conditions Agreement (the “Agreement”) carefully. The Agreement sets out the terms under which ThaiExaminer.com services (the “Services”) are provided to you by us (ThaiExaminer.com, whose registered office is at AtlanticThai Internet Co. Ltd., 5/312 C3 Building, Muang Thong Thani. Bangkok, Thailand 11120 – Premium membership and Advertising services are sold and marketed by AtlanticThai Premium Sales LTD., Unit 3D NorthPoint House, Mallow Road, Cork,Ireland, T23 AT2P) through the https://www.ThaiExaminer.com website (the “Site”). By registering with ThaiExaminer.com, you become a member of the Service (a “Member”), and you agree to be bound by the terms and conditions of this Agreement (the “Terms”) for as long as you continue to be a Member. If you do not agree to the Terms, please do not register for the ThaiExaminer.com Service or otherwise access or use this Site.

ThaiExaminer.com is a premium news service aimed particularly at foreigners to Thailand. Our site publishes honest and balanced news on Thailand and issues related to Thailand and its relationship with foreigners. Many foreigners have a strong interest in Thailand and many actually live in the Kingdom. In addition to news and current affair coverage we also provide a comprehensive social network and information services for members which includes news commentary, dating and social networking within a news, entertainment and news community. Our site provides Premium services to users who pay for this enhanced service while we also provide a comprehensive advertising service.

We reserve the right at any time to:

Change the terms and conditions of this Agreement.
Change the Site, including eliminating or discontinuing any content on or feature of the Site.
Change any fees or charges for using the Site.
Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site or email. Your use of the Site after such notice will be deemed acceptance of the changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version.

Agreement between users, advertisers and other persons with ThaiExaminer.com

REGISTRATION

To become a Member you must register with us. When and if you register to become a Member, you agree to provide accurate,current and complete information about yourself as prompted by our registration form (“Registration Data”), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your Registration Data as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Site.

By becoming a Member, you represent and warrant that you are at least 18 years old, which is the minimum required age to become a Member. However, we cannot guarantee that each Member is at least the required minimum age, neither do we accept responsibility or liability for any content, communication or other use or access of the Site by persons under the age of 18 in violation of these Terms.

Either you or ThaiExaminer.com may terminate your membership at any time, for any reason, effective upon sending written notice to the other party. All membership fees paid are non-refundable. We reserve the right to immediately suspend or terminate your access to the Service, without notice, upon any breach of this Agreement by you that is brought to our attention.

Your membership in the Service is for your sole, personal use. You may not authorise others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.

MEMBER ID, PASSWORD & FIRST NAME

As part of the registration process, you will be assigned a member ID. We do not allow usernames, handles or terms which may identify your external e-mail id or any other contact point on the internet. It is required that you enter your correct first name and surname even though the latter will not be published. Any name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You are responsible for the confidentiality and use of your Member ID and password and agree not to transfer or resell your use of or access to the Site to any third party.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR MEMBER ID AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

SITE SECURITY

You should not make available your external email address, external websites or third party applications while on the site for your own security and the security of other members. Our insite facilities have key security facilities designed for your safety online. WE STRONGLY RECOMMEND that you read our security sections before actively making contact with other members.

ONLINE CONDUCT

As a Member, you agree that:

You aee solely responsible for the content or information you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.
You will not post on the Service, or transmit to other Members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

Please notify us by writing for editorial and operational enquiries to:

ThaiExaminer.com,

AtlanticThai Internet Co. Ltd.,
5/312 C3 Building,
Muang Thong Thani.
Bangkok, Thailand 11120
Tel +66 2 981 5007
Tel +66 2 981 5008
Fax +66 2 981 5009

email: info@thaiexaminer.com

For commercial transactions and support with sales and billing

AtlanticThai Premium Sales LTD.,
Unit 3D NorthPoint House,
Mallow Road, Cork.
Ireland, T23 AT2P
Tel +353 21 234 0256

email: premium@atlanticthai.com

Please send an email to support@thaiexaminer.com detailing any material contained in the service that you believe infringes these rules.

You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any telephone numbers, street addresses, last names, URLs, e-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, or any confidential information of any third person, and you will not post any photographs or other images containing nudity or such personal information. ThaiExaminer.com reserves the right, but has no obligation, to reject any profile or photograph or image that does not comply with these prohibitions. We reserve the right to cancel or suspending user accounts which breach the terms and conditions herein.

You will not impersonate any person or entity.
You will not “stalk” or otherwise harass any person.
You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service.
You will not transmit any chain letters, spam or junk email to other Members.
You will not transmit e-mails or communications with external contact information.
You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
You will not harvest or collect personal information about other Members whether or not for commercial purposes, without their express consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Site.
You will not interfere with or disrupt the Services or the Site or the servers or networks connected to the Services or the Site.
You will not post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not “frame” or “mirror” any part of the Site, without our prior written authorisation.
You also shall not use meta tags or code or other devices containing any reference to http://www.ThaiExaminer.com or the Service or the Site in order to direct any person to any other website for any purpose.
You will not modify, adapt, sub-license, translate, sell, reverse engineer, decipher, de-compile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
You are solely responsible for your interactions with other Members. ThaiExaminer.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

INDEMNITY BY MEMBER

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from

(i) your breach of this Agreement;

(ii) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or

(iii) your activities in connection with the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

ONLINE CONTENT

Opinions, advice, statements, offers or other information or content made available through the Service are those of their respective Member-author and not of ThaiExaminer.com, and should not necessarily be relied upon. Such Members are solely responsible for such content. ThaiExaminer.com does not guarantee the accuracy, completeness or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made.

Under no circumstances will ThaiExaminer.com be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or transmitted to Members.

The Site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content,advertising, products, services or information located on or through any other websites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information.

ONLINE PROFILE on Thailand’s News Social Network

You are responsible for submitting an appropriate profile for approval by site administrators. Profiles which cause offence to other users or which to not comply with the requirements laid down in the site’s profile and registration pages may be rejected. Consistent attempts to publish an offensive profile, one that does not comply with site terms and conditions or a profile with external contact information may result in temporary or permanent suspension of the account.

PROFILE REQUIREMENTS

Our profiles require that the information posted by honest and truthful. In many fields the onus to provide information is optional. The site also reserves the right to delete, alter or block out content which may pose a security risk or cause offence to other members

NON USE OF PROFILES OR ACCOUNT

Users whose accounts are suspended for whatever reason for breach of site terms and conditions or non compliance will not be entitled to claim a refund. This includes situations where profiles are not approved pending investigation or rejected on the grounds of site security or breach of site terms and conditions.

RIGHT TO APPROVE, DISAPPROVE, SUSPEND OR TERMINATE

The website reserves the right to make decisions in the interests of our users on all profiles submitted.

ROUTINE MAINTENANCE

From time time ThaiExaminer conducts maintenance procedures on its servers to improve service to our users. This includes backups, quarterly server upgrades and testing. Although every effort is made to ensure a continuous and uninterrupted service, there are may be an extremely rare occasion when the service will not be available for a short period. If this period is in excess of 30 minutes, our policy is to grant Premium users an added 24 hour Premium membership period but users in such a situation will not be entitled to claim a refund.

SECURITY MEASURES

International dating sites are like ThaiExaminer are the subject of attack from international gangs and operatives. We recommend that all users of ThaiExaminer read our security briefings contained in our How it Works and Help Information sections. ThaiExaminer maintains a 24 hour/265 days security team and system to combat this threat. With regard to our security operations, you should note:

You can report any abusive account or suspicion from the Report Abuse button contained in our online pages (you need to be logged in).

We run regular sweeps of online IPs to ascertain the origin of accounts and users. Your account may be flagged if you have an irregular ISP or internet arrangements. We reserve the right to suspend or terminate accounts that are suspicious pending clarification which we will request from you.

ThaiExaminer operates a Security Agitation system whereby there may be one genuine user account at selected times which is switched online and tracked in order to test online activity and locate users who are abusing the system. ThaiExaminer also reserves the right to investigate accounts which have been reported as suspicious or flagged.

Where a user account has been created with a third party payment we reserve the right to query the payment and ask for clarification. We may also void or cancel the payment if we are satisfied that the user account is suspicious. The account will also be suspended. Every opportunity will be given to the user account to clarify the situation and credit Premium membership time will be applied where an account has been suspended pending clarification.

Where an account has been suspended on the basis of security breaches or concerns, we reserve the right to retain or refund the payment made in the interests of discouraging abuse of our international Thai news network and social network service. ThaiExaminer retains the right to make a judgment on accounts which are deemed a threat to other users.

All our security systems and procedures are designed to protect our genuine and valid users. Our policy is to communicate with all users and accept all representations in order to make sure that no genuine user is improperly treated or disadvantaged. If you have any query on security please read our security sections or feel free to contact us for clarification. Awareness of security is the best preventative measure.

NON ENDORSEMENT OF THIRD PARTY WEBSITES:

WARNING – PLEASE READ:

It is possible that other Members or users (including unauthorised users, or “hackers”) may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you.

ThaiExaminer.com is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.

ThaiExaminer.com reserves the right, but has no obligation, to monitor the materials posted in any area of the Service. ThaiExaminer.com shall have the right but not the obligation to remove any such material that violates, or is alleged to violate, the law or this Agreement. Notwithstanding this right of ThaiExaminer.com, you remain solely responsible for the content of the materials you post in any

area of the Service and your private email messages. E-mails sent between you and other Members that are not readily accessible to the general public will be treated as private by ThaiExaminer.com to the extent required by applicable law and pursuant to the commercially reasonable efforts of ThaiExaminer.com.

We do not exclude any liability for death or personal injury due to our negligence.

PROPRIETARY RIGHTS

ThaiExaminer.com owns and retains other proprietary rights in the Services and the Site. The Services and the Site contain the copyrighted material, trademarks and other proprietary information and software of ThaiExaminer.com and its licensors. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information. By posting information or content to any area of http://www.ThaiExaminer.com, you automatically grant, and you represent and warrant that you have the right to grant, to ThaiExaminer.com and other Members an irrevocable,perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works,such information and content, and to grant and authorise sub-licenses of the foregoing.

INFORMATION SUPPLIED BY MEMBER

We will respect your personal information and undertake to comply with all applicable data protection legislation in Ireland, the Kingdom of Thailand, the United States of America, the European Union and other jurisdictions in which we offer the Service, subject to the Privacy Policy of ThaiExaminer.com.

The personal information (including sensitive personal information) you provide to us will be stored on computer. You consent to us using this information to build up a profile of interests, preferences and browsing patterns and to allow you to participate in the http://www.ThaiExaminer.com Service. All Members also agree to uphold and maintain our Privacy Policy and to the terms and conditions thereof.

Cookies and Tracking: Our site uses cookies and other tracking devices for operational, marketing and security purposes. Such measures are necessary for proper function of our services. Consent to the use of such devices is implied by acceptance of these terms and use of the site.

You may read a full description of our Privacy Policy at http://www.ThaiExaminer.com/privacy.php.

DISCLAIMER OF WARRANTY

ThaiExaminer.com PROVIDES THE SERVICE AND THE SITE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ThaiExaminer.com OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE. ThaiExaminer.com SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. ThaiExaminer.com DOES NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED. ThaiExaminer.com DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE OR OTHER SERVICE, INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE OR OTHER SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT WILL ThaiExaminer.com BE LIABLE:

(i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE SITE, EVEN IF ThaiExaminer.com OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR

(ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ThaiExaminer.com FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

In addition, ThaiExaminer.com disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorised users, or “hackers”) of the Service.

Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you. We do not exclude any liability for death or personal injury due to our negligence

COPYRIGHT POLICY

We respect the intellectual property of others,and we ask our Members to do the same. If you believe that a copy of your work is available on the Service without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information:

A description of the copyrighted work that you claim has been infringed;
Details of where the infringing material is located on the Site;
Your address, telephone number and e-mail address;
A statement by you that you believe in good faith that the use of the work on the Site is not authorised by the copyright owner or any person entitled to act on their behalf or by law; and
An affidavit executed by you that the information you provide concerning the copyright infringed is accurate and that you are the copyright owner authorised to act on their behalf.

Please deliver this information to:

ThaiExaminer.com

AtlanticThai Internet Co. Ltd.,
5/312 C3 Building,
Muang Thong Thani,
Bangkok, Thailand 11120.

COMPLAINTS

To resolve a complaint regarding the Service or the Site, you should contact

ThaiExaminer.com Customer Support at support@thaiexaminer.com

GENERAL PROVISIONS

This Agreement with you, set out in these Member Terms and Conditions, is governed by Irish and you and we submit to the non-exclusive jurisdiction of the Courts of Ireland in the event of any dispute regarding these Terms or the Service or the Site or any matter related thereto in the case of Premium memberships and advertising products. As the website operates its main newsroom and site operations from bangkok then we are also bound by Thai law. This applies particularly to online commentary and censorship. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. We have specified a clear refund policy in seperate section for payments which shall be governed by Irish law which is the jurisdiction under which the contract is made.

This Agreement, accepted by you upon registering for the Service, contains the entire agreement between you and ThaiExaminer.com regarding the Service and the Site, including the ThaiExaminer.com Privacy Policy. In the event of any conflict between the Privacy Policy and this Agreement, this Agreement shall control. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. This agreement shall terminate immediately and without notice if you breach any of the Terms, subject to the survival of all rights and reservations of ThaiExaminer.com. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

The Member certifies that the Member has read and agrees to be bound by these Member Terms and Conditions. Refunds for paid membership are given at the discretion of ThaiExaminer.com. Should you have any questions regarding your payment, please direct them in the first instance to the customer service team (details on the contact page).

Thai Examiner Advertising Services:

The publisher shall refer to – both AtlanticThai Internet Co. Ltd and its subsidiary company and contracting agent and service provider in Ireland AtlanticThai Premium Sales LTD.,

Acceptance of advertising terms:

Submission of materials, insertion orders, and verbal and nonverbal space reservations constitutes acceptance of the following conditions of publisher, AtlanticThai Premium sales LTD. All disputes or legal actions in relation to advertising services will be subject to the law of the Republic of Ireland.

Review of advertising material and standards

All advertisements and copy related to advertisements or online promotional material will be subject review and approval by publisher. We reserve the right to reject, cancel or otherwise alter any advertising material or advertisement insert if the content is deemed unsuitable for whatever reason. This may also include links to the advertisement which the publisher deems undesirable or not in keeping with the company’s reputation or policies.

Meta tags within the control of the publisher

All links for advertisements will be meta tagged in mode at the complete discretion of the publisher.

Payment in advance for advertisements

All banner advertising is paid for in advance through the advertisers account with ThaiExaminer.com. Cancellation of advertising will not result in a refund if the cancellation is activated by the advertiser. The publisher may issue a pro rata refund where a campaign has been halted or rejected for whatever reason. Payments for advertising can be processed by credit card, PayPal and bank transfer. Notwithstanding the above all our contracts are subject to EU guidelines and provisions where applicable. Consequently the advertiser may change his/her mind with 7 days of the contract taking effect or being paid for. If this period is within the campaign then the refund will be for the amount paid less the cost of the advertising provided.

Advertising account – ThaiExaminer.com

All advertisements placed on ThaiExaminer.com are processed through an advertiser account which is automatically created with each order if an account has not existed before. The advertiser consents to the creation of such an account for the prosecution of the advertising campaign or future advertising services with the publisher.The advertiser or agent will use this account to communicate and manage the campaign where possible.

Refunds for advertising services and campaigns

Advertising refunds: where a refund is agreed at the discretion of the publisher it will be net of productions costs and media impression delivered up to the point of cancellation. The publisher also reserves the right to offer advertising credits is lieu of a financial refund at its own discretion. This is gain notwithstanding the advertisers right to change of heart within 7 days of the payment which the date the contact for advertising comes into effect for the purposes of the agreement or contract between the advertiser and the contractor under provisions set down by the European Union and published on June 24th 2014.

Variation of charges and terms of service

These terms and conditions and display advertising rates and other advertising charges may be varied at any time although any contract validated by payment will be honoured. Changes to advertising offers will be effective once published on the ThaiExaminer.com website.

Size and position of display and associated banner advertisements

Package offers as specified on ThaiExaminer do not guarantee specific positions within the news website and social network. Also the sizes advertised may and will be adjusted for mobile view. Advertisers must note that relatively large advertisement sizes, when published through viewports on mobile devices will change size. The size quoted is based on a full 100% view on a PC or computer device and any subsequent adjustment is not provided for under this contract but is accepted by the advertiser.

Advertising orders processed by ThaiExaminer.com are treated as a request and the publisher reserves the right to alter to improvise but commits to working in a principled, honest and reasonable manner. All internet banner advertisements are in effect based on Run of Site media placement.

Sponsorship and advertorial packages

In relation to the provision of advertorial or sponsorship services we have set out strict guidelines to be observed so as to offer ThaiExaminer.com readers a valuable service. This imposes limits on advertisers. While our advertising support executives will endeavour to render the most effective advertising service possible of the advertiser, we reserve our right not to breach our commitment to our readers and this agreement and terms specifically acknowledge acceptance of this condition by the advertiser.

Representation as to copyright control and ownership of publishing material

The ThaiExaminer.com advertiser is taken as representing the material used in advertisements or given to our production team is fit for publication and that they have appropriate copyright control. If a breach of copyright occurs, the advertiser agrees to indemnify ThaiExaminer.com and its operating companies for any loss. The publisher reserves the right to suspend or halt the use of such materials where such an issue comes to light.

Circumstances beyond the publishers control

The publisher shall not be responsible for non performance of the advertising contract where circumstances beyond it scontrol arise. This would include server issues caused by breakdown or malicious actors or otherwise.

Queries in relation to adverting should be addressed to: