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TV3.COM.MY TERMS OF USE
Welcome to TV3.COM.MY, which is provided by ALT MEDIA SDN BHD (Company No. 272025 V) (hereinafter referred to as “ALT MEDIA”). These Terms of Use govern your use of the websites, content, software and services offered through TV3.COM.MY (collectively, TV3.COM.MY).
YOUR AFFIRMATIVE ACT OF USING TV3.COM.MY SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE, YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN THE TV3.COM.MY PRIVACY POLICY, AND YOU CONSENT TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD LEAVE THIS SITE IMMEDIATELY.
By accessing and browsing the Site, you as the user accept without qualification, the terms of use set out below:
(A) GENERAL
1. This Site is owned and operated by ALT MEDIA. Modification of any material from this Site or use for any other purpose is a violation of ALT MEDIA’s copyright and other proprietary rights. Use of any such material from this Site on any other web site or computer environment is prohibited. Material from this Site or any other web site owned, operated, licensed or controlled by ALT MEDIA may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner.
2. All names, symbols, logos and marks appearing in this Site, except as otherwise noted, are trademarks owned or used under license by ALT MEDIA or its affiliates. The use of these trademarks or any other material on this Site is prohibited.
3. The User is also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including without limitation, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greeting card and/or unlicensed merchandise. The prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
4. You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively, “Messages”) to bulletin boards, chat rooms or other public areas within or in connection with, this Site (collectively, “Forums”). However, ALT MEDIA accepts no responsibility whatsoever in connection with or arising from such Messages. [how about our ability to be able to edit, censor, take down such messages etc]
(B) USER’S RESPONSIBILITIES
1. The User agrees not to use the TV3.COM.MY to :
a. upload, post otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other material (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
d. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
e. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, including but not limited to Tv3.com.my and/or ALT MEDIA, their employees and agents;
f. encourage conduct that would constitute a criminal offence, or that gives rise to civil liability;
g. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through TV3.COM.MY or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
h. upload, post or otherwise transmit any Content that the User does 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 non-disclosure agreements) ;
i. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary rights of any party;
j. upload, post 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, or otherwise permit the unauthorized use of a computer or computer network;
k. 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;
l. interfere with or disrupt TV3.COM.MY, its servers or networks connected to TV3.COM.MY, or disobey any requirements, procedures, policies or regulations of networks connected to TV3.COM.MY;
m. use Tv3.com.my in a manner that could damage, damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of TV3.COM.MY;
n. attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means;
o. 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;
p. "stalk" or otherwise harass another;
q. collect or store personal data about other users;
r. 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;
s. use any service (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond TV3.COM.MY’s website community;
t. engage in commercial activities on TV3.COM.MY without TV3.COM.MY’s express approval. This includes, but is not limited to, the following activities:
(i) offering for sale any products or services;
(ii) soliciting for advertisers or sponsors;
(iii) conducting raffles or contests that require any type of entry fee;
(iv) displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services ; and
(v) displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
(u) exploit or in way use, whether or not for any form of personal gain and/or business, any of the content on TV3.COM.MY unless specifically consented to, permitted or allowed by these Terms of Use or Tv3.com.my
2. TV3.COM.MY may take any legal and technical remedies to prevent the violation of these provisions and to enforce these Terms of Use.
(C) CHANGES TO THE TERMS OF USE
TV3.COM.MY reserves the right, at its sole discretion to change these Terms of Use at any time. The User may review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages. The User is responsible for checking these terms periodically for changes. If the User continues to use TV3.COM.MY after changes are posted to these Terms of Use, the User is deemed to have accepted the new terms.
(D) REGISTERED USERS
Certain enhanced services, such as e-mail or online calendars, are available only to registered users of TV3.COM.MY and require you to sign in with a screen name to use them. Your use of these enhanced services as a registered user of the TV3.COM.MY will be subject to the Registered User Terms of Service.
(E) ADDITIONAL TERMS
Certain areas of TV3.COM.MY, such as sites where you can upload or download files, may include usage guidelines and rules that will supplement these Terms of Use. By using those services on TV3.COM.MY, you agree to comply with such guidelines and rules.
(F) ELECTRONIC DELIVERY POLICY AND USER’S CONSENT
You agree that we may provide to you required notices, agreements and other information concerning TV3.COM.MY electronically. We will post the notices on the home page of TV3.COM.MY or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of TV3.COM.MY.
(G) PRIVACY POLICY
The TV3.COM.MY Privacy Policy explains the practices that apply to your information when you use TV3.COM.MY. Your ongoing use of TV3.COM.MY signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the Privacy Policy link located on the home page of TV3.COM.MY.
(H) CHANGES TO TV3.COM.MY
1. TV3.COM.MY may discontinue or change any service or feature on TV3.COM.MY at any time and without notice.
2. TV3.COM.MY assumes no responsibility for the timeliness, misdelivery, deletion or failure to store Chat sessions or Forum postings.
(I) ACCESS COSTS
You must provide at your own expense the equipment and Internet connections that you will need to access and use TV3.COM.MY. You are solely responsible for any costs you incur to access TV3.COM.MY through any wireless or other communication service.
(J) PROPRIETARY RIGHTS
TV3.COM.MY, it’s suppliers and users who lawfully post text, messages, information, software, images, audio and video ("Content") on TV3.COM.MY own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. The look and feel of our color combinations, button shapes, and other graphical elements on TV3.COM.MY are our trademarks.
(K) LICENSE TO USE TV3.COM.MY
You may use TV3.COM.MY and the Content offered on TV3.COM.MY only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of TV3.COM.MY or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
(L) CONTENT POSTED BY USER TO PUBLIC AREAS
Certain areas of TV3.COM.MY may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on TV3.COM.MY that you created or that you have permission to post. You may not post Content that violates these Terms of Use. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of TV3.COM.MY, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.
(M) NO DUTY TO MONITOR
1. The User hereby agrees that TV3.COM.MY is not liable for Content that is provided by others. TV3.COM.MY is under no duty to pre-screen Content, but Tv3.com.my has the right to refuse to post or to edit submitted Content. TV3.COM.MY reserves the right to remove Content for any reason, but TV3.COM.MY is not responsible for any failure or delay in removing such material.
2. TV3.COM.MY reserves the right, for any reason to remove without notice any Forum posting but has no obligation to delete any content which any of the User may find objectionable.
3. The User agrees that any Message whatsoever submitted by the User becomes the property of TV3.COM.MY and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as TV3.COM.MY sees fit at its absolute discretion.
(N) PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on TV3.COM.MY in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement.
(O) THIRD PARTY SITES; ADVERTISERS
TV3.COM.MY may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that TV3.COM.MY endorses these third party sites or services. The User hereby acknowledges and agrees that TV3.COM.MY is not responsible or liable for any Content or other materials on these third party sites. Any dealings that the User may have with advertisers found on TV3.COM.MY are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
(P) DISCLAIMER OF WARRANTIES
1. TV3.COM.MY is provided on a as is basis, with all faults and as available. TV3.COM.MY and its suppliers make no express warranties or tv3rantees about TV3.COM.MY. TO THE EXTENT PERMITTED BY LAW, TV3.COM.MY AND ITS SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT TV3.COM.MY AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH TV3.COM.MY ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT TV3RANTEE THAT TV3.COM.MY WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT TV3RANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TV3.COM.MY, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT TV3RANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE TV3.COM.MY (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A TV3 REPRESENTATIVE SHALL CREATE A WARRANTY.
2. THE USER AGREES THAT IN THE EVENT THAT TV3.COM.MY and/or ALT MEDIA, OR ANY OF THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THE LIKE, ARE MADE LIABLE FOR ANY LOSS OR DAMAGES RESULTING FROM ANY INFRINGEMENT OF COPYRIGHT OR OTHER PROPRIETARY RIGHTS, OR FROM OTHER HARM ARISING FROM YOUR UPLOADING OR DISTRIBUTION OF CONTENT, YOU WILL INDEMNIFY TV3.COM.MY and/or ALT MEDIA, OR ANY OF THEIR AFFILIATES FOR ALL SUCH LIABILITY AND ITS LEGAL COST ON FULL INDEMNITY BASIS.
(Q) LIMITATION OF LIABILITY
TV3.COM.MY AND/R ALT MEDIA and/or OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON TV3.COM.MY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF TV3.COM.MY AND/OR ALT MEDIA AND/OR OUR SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
2. A User who uses, or makes decisions based on information contained in TV3.COM.MY on any linked site (links to third party sites) does so at the User’s own risk. By accessing this Site or any linked site, the User agrees to hold Tv3.com.my and/or ALT MEDIA and its affiliates harmless against any claims for damages arising from any decisions that the User makes based on such information.
3. Information contained in this Site, is provided “as is” and “as available” and without warranties of any kind either express or implied. TV3.COM.MY does not warrant that the functions contained in the materials will be uninterrupted or free from errors, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. TV3.COM.MY and ALT MEDIA disclaims liability for and does not warrant or make any representations regarding the use, interpretation or results of the use of materials in this Site in terms or their correctness, accuracy, timeliness, reliability or otherwise.
(R) INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify, and hold harmless TV3.COM.MY AND/OR ALT MEDIA and/or other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of TV3.COM.MY. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
(S) INTERNATIONAL USE
We make no representation that Content on TV3.COM.MY is appropriate or available for use in locations outside Malaysia, and accessing it from territories where the Content is illegal is prohibited. If you choose to access TV3.COM.MY from a location outside Malaysia, you do so on your own initiative and you are responsible for compliance with local laws.
(T) CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
1. As this Site is operated by TV3.COM.MY from within Malaysia, these terms of use shall be governed by and enforced in accordance with the laws of Malaysia and the User agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
2. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE:
(a) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN;
(b) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN MALAYSIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND
(c) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN MALAYSIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
(U) SEVERABILITY AND INTEGRATION
This contract and any supplemental terms, policies, rules and guidelines posted on TV3.COM.MY constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
(V) TERMINATION
Your right to use TV3.COM.MY automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with TV3.COM.MY. We also reserve the right, in our sole discretion, to terminate your access to all or part of TV3.COM.MY, for any reason for or without notice.
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