Updated: 1 February 2019
Access to the Services
Subscriber shall own all Subscriber Content that Subscriber contributes to the Site, but hereby grants and agrees to grant us a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sub-license), to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so (“Content License”) in order to provide the Services. On termination of Subscriber’s membership to the Site and use of the Services, we shall make all reasonable efforts to promptly remove from the Site and cease use of the Subscriber Content; however, Subscriber recognizes and agrees that caching of or references to the Subscriber Content may not be immediately removed. Subscriber warrants, represents and agrees that Subscriber has the right to grant us and the Site the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. We reserve the right to remove any Subscriber Content from the Site, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to us and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if we are concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
Subscriber is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of these Terms may be grounds for termination of Subscriber’s right to Services or to access the Site. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any of our users. Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Site or the Service to (a) send unsolicited emails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you.
We have no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that we have no control over, and no duty to take any action regarding: which users gain access to the Site; which Content Subscriber accesses via the Site; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the user or subscriber who posted the Content. We do not monitor the Content of the Site and takes no responsibility for such Content. Subscriber releases us from all liability for Subscriber having acquired or not acquired Content through the Site. The Site may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. Although we and the Site will make reasonable efforts to store and preserve the material residing on the Site, neither us nor the Site is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your Subscriber Content. The Services, Content, Site and any Software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. We make no representations or warranties of any kind with respect to the Site, the Services, including any representation or warranty that the use of the Site or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components. To the fullest extent allowed by law, we disclaim any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site. By using this Site, you acknowledge that we are not responsible or liable for any harm resulting from (1) use of the Site; (2) downloading information contained on the Site including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program. Some places do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to Subscriber.
Third party websites
Users of the Site may gain access from the Site to third-party sites on the Internet through hypertext or other computer links on the Site. Third-party sites are not within the supervision or control of us or the Site. Unless explicitly otherwise provided, neither we nor the Site make any representation or warranty whatsoever about any third-party site that is linked to the Site, or endorse the products or services offered on such site. We and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Site or us with respect to such sites and third-party content.
Registration and security
As a condition to using Services, Subscriber will be required to register with us and select a password and a Site URL. Subscriber shall provide us with accurate, complete, and updated registration information, including Subscriber’s email address. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of the Subscriber’s account. Subscriber may not (a) select or use as a Site URL a name of another person with the intent to impersonate that person, or (b) use as a Site URL a name subject to any rights of a person other than Subscriber without appropriate authorization. We reserve the right to refuse registration of or cancel a Site URL in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber’s password. Subscriber is solely responsible for any use of or action is taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the Site and us from any and all liability concerning such activity. Subscriber agrees to notify us immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. The Site will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
Subscriber will indemnify and hold us, our directors, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Site, use of the Services, the violation of these Terms by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber’s account, of any intellectual property or other right of any person or entity.
Limitation of liability
In no event shall us, our directors, officers, shareholders, employees or members be liable with respect to the Site or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the Site, errors or omissions; or (d) damages related to downloading or posting Content. Ours and the Site’s collective liability under these Terms shall be limited to three hundred Malaysian Ringgit. Some places do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber.
Fees and payment
Some of the Services require payment of fees. All fees are stated in Malaysian Ringgit. Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Site. Subscriber represents to us that Subscriber is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services and virtual goods are provided “AS IS” with no warranties of any kind. We may modify and/or eliminate such fee-based Services at its discretion. Subscriber understands and agrees that the payment for virtual goods grants Subscriber a limited license to use the virtual goods as specified on the Site. We may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Site and by sending you an email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.
Either party may terminate the Services at any time by notifying the other party by any means. We may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of these Terms. Upon termination of the Subscriber’s account, the Subscriber’s right to use the Services, access the Site, and any Content will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to us or the Site, including without limitation any indemnification obligations contained herein.
Notice and procedure for making claims of copyright or other intellectual property infringements
We respect the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Services. Our intellectual property policy is to (a) remove material that we believe in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services, and (b) remove any Subscriber Content posted to the Services by “repeat infringers.” We consider a “repeat infringer” to be any user that has uploaded Subscriber Content to the Services and for whom we have received more than two takedown notices. We have discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon our own determination.
Procedure for reporting claimed infringement
If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an email address, telephone number, and, if available, a physical address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.
Designated Agent contact information
Our Designated Agent for Notices of Claimed Infringement can be contacted via email at email@example.com.
If you receive a notification from us that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide us with what is called a “Counter Notification”. To be effective, a Counter Notification must be in writing, provided to our Designated Agent via email state immediately above, and include substantially the following information:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of Malaysia, for any judicial district in which we may be found, and that the subscriber will accept service of process from the person who provided a Notification of Claimed Infringement as set forth above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
Our actions following receipt of Counter Notification
Upon receipt of a Counter Notification, we shall promptly provide the party submitting a Notification of Claimed Infringement with a copy of the Counter Notification, and we will replace the removed material or cease disabling access to it in not less than 10, nor more than fourteen (14), business days following receipt of the Counter Notice, unless our Designated Agent first receives notice from the person who submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our systems or networks.