SmartNiaga2u! SmartNiaga2u provides itsservice to you, subject to the following Terms of Service("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular SmartNiaga2u services, you and SmartNiaga2u shall be subject to any posted guidelinesor rules applicable to such services which may be posted fromtime to time. All such guidelines or rules are herebyincorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
SmartNiaga2u currently provides users withaccess to a rich collection of on-line resources, includingemail, forums, personal web page hosting services amongst otherthings (the "Services"). Unless explicitly statedotherwise, any new features that augment or enhance the currentServices, shall be subject to the Terms of Service. In order touse the Service, you must obtain access to the World Wide Web,either directly or through devices that access web-based content,and pay any service fees associated with such access. Inaddition, you must provide all equipment necessary to make suchconnection to the World Wide Web, including a computer and modemor other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of theService, you agree to:
1. provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any informationthat is untrue, inaccurate, not current or incomplete, or SmartNiaga2u has reasonable grounds to suspect that such information isuntrue, inaccurate, not current or incomplete, SmartNiaga2u has the right to suspend or terminate your account and refuse any and allcurrent or future use of the Service (or any portion thereof).
4. SmartNiaga2u PRIVACY POLICY
Registration Data and certainother information about you is subject to our Privacy Policy. Formore information, please see our full privacy policy.
5. MEMBER CONDUCT
You understand that allinformation, data, text, software, music, sound, photographs,graphics, video, messages or other materials("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whichsuch Content originated. This means that you, and not SmartNiaga2u, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. SmartNiaga2u does not control theContent posted via the Service and, as such, does not guaranteethe accuracy, integrity or quality of such Content. Youunderstand that by using the Service, you may be exposed toContent that is offensive, indecent or objectionable.
You agree to not use the Serviceto:
1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a SmartNiaga2u official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
8. upload, post, email 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;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Kuala Lumpur Stock Exchange, any rules of any national or other securities exchange without limitation and any regulations having the force of law;
12. "stalk" or otherwise harass another;
13. collect or store personal data about other users;
14. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
15. use any service (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond SmartNiaga2u;
16. engage in commercial activities without enrolling in SmartNiaga2u-approved affiliate programs. This includes, but is not limited to, the following activities:
* offering for sale any products or services;
* soliciting for advertisers or sponsors;
* conducting raffles or contests that require any type of entry fee;
* displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services, with the sole exceptions of a SmartNiaga2u Banner Exchange program and the Internet Link Exchange; and
* displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
6. SPECIAL ADMONITIONS FORINTERNATIONAL USE
Recognising the global nature ofthe Internet, you agree to comply with all local rules regardingonline conduct and acceptable Content. Specifically, you agree tocomply with all applicable laws regarding the transmission oftechnical data exported from the Malaysia or the country in whichyou reside.
7. CONTENT SUBMITTED TO SmartNiaga2u FREEHOMEPAGES
SmartNiaga2u does not claim ownership ofthe Content you place or upload to any SmartNiaga2u’s Service. Bysubmitting Content to SmartNiaga2u, you grant SmartNiaga2u the world-wide,royalty-free, and non-exclusive license to reproduce, modify,adapt and publish the Content solely for the purpose of displaying, distributing and promoting SmartNiaga2u on its Internet properties. This license exists only for as long as you continueto be a SmartNiaga2u Member and shall be terminated at the time your SmartNiaga2u Membership is terminated.
You acknowledge that SmartNiaga2u does not pre-screen Content, but that SmartNiaga2u and its designees shall havethe right (but not the obligation) in their sole discretion torefuse or remove any Content that is available via the Service.Without limiting the foregoing, SmartNiaga2u and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you mustevaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, orusefulness of such Content.
8. INDEMNITY
You agree to indemnify and hold SmartNiaga2u, and its subsidiaries, affiliates, officers, agents,co-branders or other partners, and employees, harmless from anyclaim or demand, including reasonable attorneys' fees, made byany third party due to or arising out of Content you submit, postto or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or yourviolation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce,duplicate, copy, sell, resell or exploit for any commercialpurposes, any portion of the Service, use of the Service, oraccess to the Service.
10. GENERAL PRACTICES REGARDINGUSE AND STORAGE
You acknowledge that SmartNiaga2u mayestablish general practices and limits concerning use of theService.
11. MODIFICATIONS TO SERVICE
SmartNiaga2u reserves the right at anytime and from time to time to modify or discontinue, temporarilyor permanently, the Service (or any part thereof) with or withoutnotice. You agree that SmartNiaga2u shall not be liable to you or to anythird party for any modification, suspension or discontinuance ofthe Service.
12. TERMINATION
You agree that SmartNiaga2u, in its solediscretion, may terminate your password, account (or any partthereof) or use of the Service, and remove and discard anyContent within the Service, for any reason, including, withoutlimitation, for lack of use or if SmartNiaga2u believes that you haveviolated or acted inconsistently with the letter or spirit of the TOS. MSmartNiaga2u may also in its sole discretion and at any timediscontinue providing the Service, or any part thereof, with orwithout notice. You agree that any termination of your access tothe Service under any provision of this TOS may be effectedwithout prior notice, and acknowledge and agree that SmartNiaga2u may immediately deactivate or delete your account and all related information and files in your account and/or bar any furtheraccess to such files or the Service. Further, you agree that SmartNiaga2u shall not be liable to you or any third-party for any terminationof your access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or businessdealings with, or participation in promotions of, advertisersfound on or through the Service, including payment and deliveryof related goods or services, and any other terms, conditions,warranties or representations associated with such dealings, aresolely between you and such advertiser. You agree that SmartNiaga2u shallnot be responsible or liable for any loss or damage of any sortincurred as the result of any such dealings or as the result ofthe presence of such advertisers on the Service.
14. LINKS
The Service may provide, or thirdparties may provide, links to other World Wide Web sites orresources. Because SmartNiaga2u has no control over such sites andresources, you acknowledge and agree that SmartNiaga2u is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for anyContent, advertising, products, or other materials on oravailable from such sites or resources. You further acknowledge and agree that SmartNiaga2u shall not be responsible or liable, directlyor indirectly, for any damage or loss caused or alleged to because by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. SmartNiaga2u'S PROPRIETARY RIGHTS
You acknowledge and agree that theService and any necessary software used in connection with theService ("Software") contain proprietary andconfidential information that is protected by applicable intellectual property and other laws. You further acknowledge andagree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by SmartNiaga2u or advertisers, you agree not to modify, rent, lease,loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
SmartNiaga2u grants you a personal,non-transferable and non-exclusive right and license to use theobject code of its Software on a single computer; provided thatyou do not (and do not allow any third party to) copy, modify,create a derivative work of, reverse engineer, reverse assembleor otherwise attempt to discover any source code, sell, assign,sublicense, grant a security interest in or otherwise transferany right in the Software. You agree not to modify the Softwarein any manner or form, or to use modified versions of theSoftware, including (without limitation) for the purpose ofobtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by SmartNiaga2u for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREETHAT:
(a) YOUR USE OF THE SERVICE IS ATYOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"AND "AS AVAILABLE" BASIS. TIMESTREETS EXPRESSLY DISCLAIMS ALLWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) SmartNiaga2u MAKES NO WARRANTY THAT(i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THERESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BEACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOUTHROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANYERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OROTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUROWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLEFOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THATRESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
1. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SmartNiaga2u OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SmartNiaga2u SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SmartNiaga2u HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OFPROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANYGOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED ORMESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROMTHE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THESERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or joinany service, receive or request any news, messages, alerts or other information from the Service concerning companies, stockquotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in theService is intended for trading or investing purposes. SmartNiaga2u shall not be responsible or liable for the accuracy, usefulness oravailability of any information transmitted via the Service, andshall not be responsible or liable for any trading or investment decisions made based on such information.
20. NOTICE
Notices to you may be made viaeither email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
21. COPYRIGHTS
SmartNiaga2u respect the intellectual property rights of others and we ask our users to do the same.
22. GENERAL INFORMATION
The Terms of Service constitute the entire agreement between you and SmartNiaga2u and govern your use of the Service, superceding any prior agreements between you and SmartNiaga2u (including, but not limited to, any prior versions of the Terms of Service). You also may be subject to additional terms and conditions that may apply when you use affiliate or other SmartNiaga2u services, third-party content or third-party software. TheTerms of Service and the relationship between you and SmartNiaga2u shall be governed by the laws of the Malaysia without regard to its conflict of law provisions. You and SmartNiaga2u agree to submit to the personal and exclusive jurisdiction of the courts located within Malaysia. The failure of SmartNiaga2u to exercise or enforce any right or provision of the Terms of Service shall not constitute awaiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience onlyand have no legal or contractual effect.
23. VIOLATIONS
Please report any violations of the Terms of Service to our Customer Service Team.
| |
|