RSS - Terms of Service

News Feeds - Terms of Service

By downloading a Phuket Post RSS Feed ( "Phuket Post Feed") from the Pulse Media Company Limited ("Phuket Post"), you agree to be bound by the terms set out below (the "Standard Licence Terms"). These Standard Licence Terms may be updated by the Phuket Post from time to time. Please review these Standard Licence Terms each time you download a Phuket Post Feed.

Your download and/or use of a Phuket Post Feed indicates your agreement to these Standard Licence Terms.

1. Licence

1.1 Subject to the terms of this Agreement the Phuket Post grants you a non-transferrable, non-sublicensable, royalty free non-exclusive licence to display on your website ("Site") the headlines, active links or other source identifiers and other information or materials that you specifically select to receive from the Phuket Post via the Phuket Post Feed ("Phuket Post Content").

1.2 All title, ownership rights and intellectual property rights in and to the Phuket Post Feed shall remain the property of the Phuket Post.

1.3 Nothing in these Standard Licence Terms grants you any right to use the Phuket Post trade mark on your Site or elsewhere.

2. Use of Phuket Post Content

2.1 You may not use the Feed or display any Phuket Post Content on any Site that is a web site that is excluded by the Phuket Post (scroll down for the list of Excluded Websites as may be amended by the Phuket Post from time to time).

2.2 You must ensure that all Phuket Post content on your site has an accreditation to the Phuket Post in accordance with the Phuket Post accreditation guidelines (scroll down for the Phuket Post accreditation guidelines as may be amended by the Phuket Post from time to time).

2.3 you may not directly or indirectly charge users specifically for accessing Phuket Post content or otherwise commercialise such content, nor attempt to re-sell the Phuket Post content in any way.

2.4 Where possible, you must create a functional link back to the Phuket Post News story(ies) summarised by the Phuket Post Content . If you are displaying the Phuket Post Feed where a functional link back to the Phuket Post is not possible, you must display on-screen the URL from which the Phuket Post Content can be obtained (scroll down to the accreditation section below.) You may not directly or indirectly change, edit, add to or produce summaries of the Phuket Post Content or any content on the Phuket Post website nor place any full-story Phuket Post content in an HTML frame-set.

2.5 You may not directly or indirectly suggest any endorsement or approval by the Phuket Post of your Site or of any non-Phuket Post entity, product or if content or of any views expressed within your site or service.

2.6 You acknowledge that the Phuket Post has absolute editorial control over all Phuket Post Content and you accept that the Phuket Post is editorially independent and that the editorial integrity of the Phuket Post Content is the sole responsibility of the Phuket Post.

2.7 Should you receive any enquiries which relate to the Phuket Post or the Phuket Post Content you should promptly refer such enquiries to http://kolbis-psit.com/contact.php.

3. Warranties & Liability

3.1 You warrant to the Phuket Post that:

(i) you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;

(ii) the Site shall contain no material which is libellous, defamatory, pornographic, obscene or which brings the Phuket Post into disrepute, or which is in breach of any third party intellectual property rights; and

(iii) users of the Site shall be required to comply with terms that are equivalent to the Standard Licence Terms in relation to their use of Phuket Post Content.

3.2 The Phuket Post Feed is made available by the Phuket Post on an "as is" and "as available" basis and the Phuket Post gives no warranty of any kind in relation to the Phuket Post Feed, the Phuket Post Content, or any content on the Phuket Post website. The Phuket Post disclaims all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding the Phuket Post Content, the Phuket Post Feed and the Phuket Post website and any content thereon.

3.3 to the maximum extent permitted by law the Phuket Post excludes all liability to you for any loss or damage howsoever arising out of or in connection with this agreement, including but not limited to any liability arising in relation to the Phuket Post feed, the Phuket Post content or any content on the Phuket Post website, any virus or other contamination or any unavailability of Phuket Post content.

3.4 Each provision of this Clause 3 operates separately in itself and survives independently of the others.

4. Indemnity

4.1 You hereby agree to indemnify, hold harmless and defend the Phuket Post in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the Standard Licence Terms or otherwise in connection with your use of the Phuket Post Feed (including the Phuket Post Content).

5. Termination

5.1 You may terminate this Agreement and the licence granted herein at any time by destroying or removing all copies of the Phuket Post Feed (including the Phuket Post Content) from your Site, all hard drives, networks and other storage media.

5.2 The Phuket Post may restrict, suspend or terminate the Phuket Post Feed, this Agreement, the licence granted herein or your access to the Phuket Post Feed at any time without liability. You agree to destroy all copies of the Phuket Post Feed (including the Phuket Post Content) upon receiving notice of termination from the Phuket Post.

5.3 Clauses 3, 4 and 6 shall survive termination of this Agreement.

6. General

6.1 Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in this Agreement in whole or in part to any third party.

6.2 This Agreement supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Agreement.

6.3 Any failure or delay by either party in exercising its rights under any provisions of this Agreement shall not be construed as a waiver of those rights at any time now or in the future.

6.4 This Agreement shall be governed by, construed and take effect in accordance with Thai law and the Thai courts shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this Agreement.

7. Excluded Websites

The Phuket Post RSS feeds and any Phuket Post content contained in the Phuket Post RSS feeds may only be displayed on websites that do not fall into any one or more of the categories listed below. A site will be deemed to fall within one of the following categories where there is a material and prominent section of the Site that falls within such category.

7.1. Sites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate anti-social behaviour

7.2. Sites that promote, encourage or facilitate violence

7.3. Sites that promote, encourage or facilitate terrorism or other activities that risk Thailand national security

7.4. Sites that discriminate against any specific social group or otherwise exploit vulnerable sections of society

7.5. Sites that promote, facilitate or encourage illegal activity

7.6. Sites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under Thailand law

8. Accreditation Guidelines

Any Phuket Post RSS feed or Phuket Post content on your site must incorporate an attribution (credit) to the Phuket Post in one of the following forms:

"From Phuket Post / phuket-post.com", or
"This content / article is from Phuket Post / phuket-post.com"

If you are displaying a Phuket Post RSS feed in a context where a functional link back to the article on the Phuket Post website is not possible, then you must use the following attribution (credit)

From Phuket Post / kolbis-psit.com

You may not use any Phuket Post logo or other Phuket Post trade mark without signing a Phuket Post trademark licence agreement.