ACCEPTANCE OF TERMS
W.Media provides its service 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 W.Media services, you and W.Media shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
DESCRIPTION OF SERVICE
W.Media currently provides users with access to a rich collection of on-line resources and marketing services (the “Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, shall be subject to the Terms of Service. In order to use 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. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Hosting accounts can be terminated by W.Media if they are being misused by the user. W.Media reserves the right to suspend any web hosting account. The hosting of, reference to or linking to any of the following is not allowed.
Nudity, pornography, anything of a sexual, or of an obscene nature.
Violations of any copyright or any other right of any third party.
Threatening, abusive, harassing, defamatory statements.
Promotion of illegal activities (info on hacking, cracking, etc).
Hosting or linking to copyrighted files without permission.
Information, instructions, or software containing about any kind of virus.
Hate speech or hate propaganda.
Scripts or systems that cause server performance to decrease or cause a serious problem with the smooth running of the server.
Misrepresentation of member’s identity, or the impersonation of anyone.
Collection of personal information for illegal purposes and/or without users permission.
Content that is deemed to be harmful to W.Media, another company or organisation, or individual.
Solicitation or sale of any products or services that are harmful & illegal.
W.Media will not be responsible for any damages your business may suffer. W.Media makes no warranties of any kind, expressed or implied for services we provide. W.Media disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by W.Media and its employees.
The Customer will be invoiced progressively or a one-time upfront fee depending on the services. Accounts are considered to be default if payment is not received within 30 days from date of invoice.
Accounts whose amount exceeds 30 days payment are liable to have their Service interrupted or terminated. Such interruption or termination do not relieve the Customer of the obligation to pay all outstanding amounts with interest.
The Customer agrees to pay W.Media all its reasonable expenses, including attorney and collection agency fees, in enforcing its rights under these terms and conditions.
All non-fully paid services and products remain the property of W.Media.
CANCELLATION OF ORDERS
We will not entertain any cancellations once the order is confirmed and submitted by the customer.
CHANGE OF PARTICULARS
It shall be the responsibility of the Customer to inform W.Media in writing of any change in Customer’s personal particulars.
DELAY IN COMPLETING OF SERVICES
If there is a delay on delivering of services from W.Media’s end, W.Media will inform the client in writing to explain the situation and work out a win-win arrangement. Refunds or compensation is subjected to specially pre-arranged agreement.
If there is a delay on providing information from the client’s end to facilitate the delivering or completion of service, W.Media will give the client 3 months’ allowance. If the client fails to do so in 3 months, W.Media will cease all support and work on the provided services.
YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to:
Provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or W.Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, W.Media has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You understand that all information, 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 which such Content originated. This means that you, and not W.Media, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. W.Media does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
YOU AGREE TO NOT USE THE SERVICES TO:
Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a W.Media official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 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);
Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; upload, post, email or otherwise transmit any unsolicited or unauthorized 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;
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;
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;
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;
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;
“Stalk” or otherwise harass another;
Collect or store personal data about other users;
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;
use any service (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond W.Media;
Engage in commercial activities without enrolling in W.Media-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 W.Media Banner Exchange program and the Internet Link Exchange;
Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Singapore or the country in which you reside.
CONTENT SUBMITTED TO W.MEDIA HOMEPAGES
By submitting Content to W.Media, you grant W.Media 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 W.Media on its Internet properties. This license exists only for as long as you continue to be a W.Media Contributor and shall be terminated at the time your contract is terminated.
You acknowledge that W.Media does not pre-screen Content, but that W.Media and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, W.Media 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 must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree to indemnify and hold W.Media, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that W.Media may establish general practices and limits concerning use of the Service.
MODIFICATIONS TO SERVICE
W.Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that W.Media shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that W.Media, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if W.Media believes that you have violated or acted inconsistently with the letter or spirit of the TOS. W.Media may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that W.Media may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that W.Media shall not be liable to you or any third-party for any termination of your access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that W.Media shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because W.Media has no control over such sites and resources, you acknowledge and agree that W.Media is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that W.Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused 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.
W.MEDIA’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized W.Media or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
(a) Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. W.Media expressly disclaims all warranties 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) W.Media makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from W.Media or through or from the service shall create any warranty not expressly stated in the TOS.
LIMITATION OF LIABILITY
You expressly understand and agree that W.Media 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 W.Media has-been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the 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 the service.
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.
Notices to you may be made via either 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.
W.Media respect the intellectual property rights of others and we ask our users to do the same.
The Terms of Service constitute the entire agreement between you and W.Media and govern your use of the Service, superseding any prior agreements between you handcar (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 aftercare services, third-party content or third-party software. The Terms of Service and the relationship between you and W.Media shall be governed by the laws of the Singapore without regard to its conflict of law provisions. You and W.Media agree to submit to the personal and exclusive jurisdiction of the courts located within the Singapore. The failure of W.Media to exercise or enforce any right or provision of the Terms of Service shall not constitute waiver 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 only and have no legal or contractual effect.