Terms of Use
The following are the rules that govern use of the
BusinessWorld.com.my web site and the services that we may offer (the
"Site"), including without limitation email, a
searchable directory of business web sites, links to other web
sites, and access to news and information.
By using the Site, you agree to be bound by these Terms and
Conditions of Use (the "TCU"), including but not
limited to the Privacy Policy and other usage guidelines
and rules that may be posted from time to time, all of which are
incorporated herein by reference, and to follow the TCU and all
applicable laws and regulations governing the Site. If you do
not agree, do not enter or use the Site.
BusinessWorld.com.my may update the TCU from time to time. You are
responsible for checking this page periodically for changes and
updates to the TCU. Your use of the Site following any posted
change(s) to the TCU will be deemed an acceptance of such
change(s).
In addition, when using the Site, you shall be subject to any
posted guidelines or rules, which may be posted from time to
time. All such guidelines or rules are hereby incorporated by
reference into the TCU.
This Site is not intended for use by persons under the age
of thirteen. Individuals who are under thirteen are expressly
prohibited from posting any personally identifiable information
about themselves.
Data and information relating to securities or otherwise is
provided for informational purposes only, and is not intended for
trading purposes.
Please direct any questions you may have about the TCU, or any
other legal matters at here
1. BusinessWorld.com.my's Proprietary Rights and Permitted Use
The Site, including without limitation any content, software
and services offered thereon, are the property of BusinessWorld.com.my
and/or its suppliers. It is protected by the copyright and/or
other intellectual property laws of the United States and
internationally. You are hereby authorized solely to view and to
retain a copy of pages of this Site for your own personal use. Do
not duplicate, publish, modify, or otherwise distribute the
material on this Site unless specifically authorized in writing
by BusinessWorld.com.my to do so. Legal notices and various other
acknowledgements and credits are posted on pages of the Site. Do
not remove these legal notices or other acknowledgements or
credits, or any related information, contained on pages of the
Site.
You hereby acknowledge and agree that, as between BusinessWorld.com.my
and you, all right, title, and interest in and to the Site and
the provision thereof, including without limitation any patent
rights, patents, business methods, copyrights, trademarks, trade
secrets, inventions, know-how, and all other intellectual
property rights pertaining thereto, shall be owned exclusively by
BusinessWorld.com.my. Except as expressly authorized by BusinessWorld.com.my
herein, you agree not to make, copy, display, modify, rent,
lease, license, loan, sell, distribute, or create derivative
works of the Site, in whole or in part. You agree not to access
the Site by any means other than through the interface that is
provided by BusinessWorld.com.my for use in accessing the Site. In
connection with your use of the Site, BusinessWorld.com.my may make
software available to you for download from the Site; your
download and use of such software shall be pursuant to a separate
license agreement that shall be agreed to upon your download or
installation of such software.
2. User Contributions to the Site
BusinessWorld.com.my provides users with the opportunity to contribute
to the Site.You understand that all information, data, text, links, articles,
software, photographs, graphics, video, music, sound, messages,
or other materials posted by you on the Site (collectively, the
"User Content"), whether publicly posted or privately
transmitted, are the sole responsibility of you or other users
posting or transmitting such User Content. This means that you,
and not BusinessWorld.com.my, are entirely responsible for all User
Content that you upload, post, email, or otherwise transmit via
the Site. It is your obligation to ensure that no copyright,
trademark, trade secret, publicity or privacy rights, or other
intellectual property rights are being violated by your posting
or transmission of any User Content via the Site.
BusinessWorld.com.my does not control or pre-screen the User Content
posted via the Site or sent to another user and, as such, does
not guarantee the accuracy, integrity, appropriateness, or
quality of such User Content. The User Content posted by users or
other third parties does not necessarily represent the views or
opinions of BusinessWorld.com.my and under no circumstances will
BusinessWorld.com.my be liable in any way for any User Content,
including, but not limited to, any loss or damage of any kind
incurred as a result of the use of any User Content posted,
emailed, or otherwise transmitted via the Site.
Users can be held liable for any illegal or prohibited User
Content they provide to the Site or to other users, including,
for example, infringing, defamatory, or offensive materials. So
that the Site is available for all users to enjoy, you may not,
and hereby represent and warrant that you will not, post,
transmit, email or otherwise make accessible on or through the
Site User Content that:
- Is unlawful, harmful, threatening, tortious, defamatory,
libelous, abusive, disparaging, pedophilic, pornographic,
obscene, invasive of another's privacy, hateful, or
malicious;
- Contains hate propaganda or promotes discrimination or
violence against any people on account of their race,
national origin, religion, age, gender, disability, or
sexual orientation;
- Is or could be harmful to minors;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing
(or "spamming");
- Promotes information that you know is false, misleading,
or promotes illegal activities or conduct;
- Is or promotes an illegal or unauthorized copy of another
person's work, such as providing pirated computer
programs or links to them, or providing information to
circumvent manufacture-installed copy-protect devices;
- Infringes any patent, copyright, trademark, service mark,
trade secret, or other proprietary right of any other
party;
- Contains restricted password only access pages, or hidden
pages or images (those not linked to or from another
accessible page);
- Provides material that exploits people under the age of
18 in a sexual or violent manner, or solicits personal
information from anyone under 18;
- Provides instructional information about illegal
activities such as making or buying illegal weapons, or
providing or creating computer viruses;
- Contains a software virus or any other code files or
programs that are designed to or have the ability to
interrupt, destroy, compromise, or otherwise limit the
functionality of any computer software or hardware or
telecommunications equipment whether owned by
BusinessWorld.com.my or any other party;
- Solicits passwords, or personal identifying information
for commercial or unlawful purposes from other users; or
- Otherwise violates any local, state, national or other
applicable law or regulation.
In addition, you may not, in connection with your use of the
Site:
- Impersonate any person or entity, including a
BusinessWorld.com.my officer or employee, or falsely misrepresent
your affiliation with any other person or entity;
- Forge headers or otherwise manipulate identifiers for the
purpose of disguising the origin of any User Content
posted or transmitted through or on the Site;
- Engage in commercial activities and/or sales without
BusinessWorld.com.my's prior written consent including, without
limitation, contests, sweepstakes, barter, or
advertising;
- Post or transmit any Content that you do not have
the right to post or transmit;
- Post or submit unsolicited commercial e-mail,
chain letters, pyramid schemes, or seek or
encourage others to engage in these activities;
- Disrupt the ordinary flow and operation of any
portion of the Site, including causing a screen
to scroll faster than another User may be able to
type in a chat room or bulletin board
environment;
- Interfere with or disrupt the Site or any server
or network involved with the operation of the
Site;
- Stalk or harass any other person; or
- Collect or "harvest" from the Site the
names of other users for the purpose of
transmitting to those other users unsolicited
commercial messages.
If you discover this kind of material or activity on the Site,
please notify us.
3. License To User Content
With respect to User Content you elect to post or transmit for
inclusion in or on the Site, you grant BusinessWorld.com.my and its
affiliates and partners the perpetual, world-wide, royalty free,
non-exclusive, sub-licensable license as follows: to use,
reproduce, translate, alter, perform, display, modify, adapt, and
publish such User Content, in whole or in part, in all present
and future media and in any manner relating to the Site
(including without limitation in connection with the appearance
of such User Content on BusinessWorld.com.my and on the sites of our
affiliates, partners and others with whom BusinessWorld.com.my may have
business relationships relating to the Site) and the distribution
and promotion of the Site. You further agree that BusinessWorld.com.my is
free to use any ideas, know-how, concepts, techniques or other
materials you send us for any purpose.
Without limitation of any of the rights granted to
BusinessWorld.com.my herein, you acknowledge and agree that BusinessWorld.com.my
may preserve User Content and may also disclose User Content if
required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TCU; (c) respond to claims
that any User Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of
BusinessWorld.com.my, its users and the public.
4. Indemnity
You agree to indemnify and hold BusinessWorld.com.my, its
subsidiaries, affiliates, officers, agents, co-branders, and
other partners and employees, harmless from any loss, liability,
claim or demand, including reasonable attorney's fees, made by
any third party due to or arising out of User Content you submit,
post to, or transmit through the Site, your use of the Site,
including your use of the Site to provide a link to another Site
or to upload content or other information to the Site, or your
violation of the TCU or any applicable laws or the rights of
another.
5. Links and Search Results
The Site may provide links and automatically produce search
results, or third parties may provide information, that reference
or link to other World Wide Web sites or resources. BusinessWorld.com.my
has no control over such sites and resources, and you acknowledge
and agree that BusinessWorld.com.my is not responsible for the content or
information contained therein. BusinessWorld.com.my cannot and does not
guarantee, represent, or warrant that the content or information
contained in such third-party sites is accurate, legal and/or
inoffensive. BusinessWorld.com.my does not endorse the content or
information of any third-party site or resource, and further does
not warrant that such sites or resources will not contain viruses
or otherwise impact your computer. By using the Site to search
for or link to another site, you agree and understand that
BusinessWorld.com.my shall not be responsible or liable, directly or
indirectly, for any damages or loss caused or alleged to be
caused by or in connection with your use of, or reliance on, the
Site to obtain search results and/or to link to another site.
However, if you have a problem with a link from the Site, please
let us know.
6. No Resale of Site
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Site, use
of the Site, or access to the Site, without the express, prior
written consent of BusinessWorld.com.my in each instance.
7. Modifications to Site
BusinessWorld.com.my reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the
Site (or any part thereof) with or without notice. You agree that
BusinessWorld.com.my shall not be liable to you or to any third party for
any modification, suspension, or discontinuance of the Site.
8. Suspension and/or Termination Rights
BusinessWorld.com.my reserves the right, at its sole discretion,
immediately and without notice, to suspend or terminate the TCU,
your registration for any program, your ability to access the
Site, your ability to utilize any email services offered on the
Site, and/or to remove any User Content, for any reason,
including without limitation any breach by you of the TCU or
conduct by you that BusinessWorld.com.my determines to be inappropriate.
You agree that BusinessWorld.com.my shall not be liable to you or any
third-party for any suspension or termination pursuant to this
provision.
9. Copyright Policy
BusinessWorld.com.my understands and respects the importance of
intellectual property. Please click here to review our Copyright
Policy.
10. Your Registration Obligations
In consideration of your use of the Site, you agree to: (a)
provide true, accurate, current and complete information about
yourself as prompted by the Site's registration form (such
information being the "Registration Data") and (b)
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 BusinessWorld.com.my has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or
incomplete, BusinessWorld.com.my has the right to suspend, terminate, or
refuse any and all current or future use of the Site (or any
portion thereof).
11. Privacy Policy
We believe that your privacy and the privacy of all of our
users is important. Please click here to review our Privacy
Policy, to which you hereby agree. In the event you are requested to register on the
Site, you may be given an opportunity to "opt in" to
receive mailings from BusinessWorld.com.my and/or its partners by
"checking" on a box in the registration form. If you
submit a registration form with the box checked, you thereby
consent to being placed on this mailing list. You may
subsequently contact us to request to be removed from this list.
(For purposes of the TCU, "partners" includes, in
addition to third parties with whom BusinessWorld.com.my may have
co-branding arrangements or some other business relationship or
alliance, other Web sites incubated or funded by eCompanies, as
such term is defined below.)
12. Back-Up
BusinessWorld.com.my is not liable for any lost data resulting from
the operation of our Site and/or the enforcement of the TCU
(including without limitation content from any e-mail account
hosted by BusinessWorld.com.my), and is not obligated to maintain back-up
copies of any contributed User Content or e-mail messages. We
recommend that you retain a copy of all User Content that you
post or distribute to, or through, the Site.
You understand and agree that BusinessWorld.com.my may release
information about you if required by law or subpoena, or if the
information is necessary or appropriate to release to address an
unlawful or harmful activity.
13. Password and Security
You will receive a password and account designation upon
completing the Site's registration process. You are responsible
for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify
BusinessWorld.com.my of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. BusinessWorld.com.my cannot
and will not be liable for any loss or damage arising from your
failure to comply with this Section. Without limitation to the
generality of the foregoing, due to the nature of Internet,
computers, data flow, and other technical and economical
practicalities, the Site, like most computer data and Internet
applications, is vulnerable to various security issues and hence
should be considered unsecured. By using the Site and the
Internet in general, you may be subject to various risks,
including, among others, eavesdropping, sniffing, spoofing,
forgery, spamming, "imposturing", tampering, breaking
passwords, harassment, fraud, electronic trespassing, hacking,
system contamination including without limitation, viruses,
worms, Trojan horses, causing unauthorized, damaging or harmful
access and/or retrieval of information and data on your computer
and other forms of activity that may even be considered unlawful.
Information (including Registration Data, passwords and User
Content) received or delivered or intended to be made available
on and through the Site may be subject to these and other
security or privacy hazards or may not reach its destination or
reach an erroneous address or recipient. The Site is not
different than other applications in this respect. Without
limitation of the foregoing, although we take seriously the
security of all member accounts and other personal and
non-personal information associated with our visitors and
participants, due to the open communication nature of the
Internet, we can not guarantee that your account will be free
from unauthorized access by third parties.
14. Disclaimer of Warranties
You expressly understand and agree that:
Your use of the Site is at your sole risk. The Site,
and its content, are delivered on an "as is" and
"as available" basis. BusinessWorld.com.my 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, or
non-infringement. BusinessWorld.com.my makes no warranty that the
Site or any related services, such as email, links, or searches
offered on the Site will be error-free, uninterrupted, timely,
secure, or that it will provide specific results from use of the
Site or any content, search or link therein. BusinessWorld.com.my
further cannot ensure that files you download from the Site will
be free of viruses, Trojan horses, bugs, contamination, or
destructive features.
Any material viewed, downloaded, or otherwise obtained
through the use of the Site is done solely at your own discretion
and risk, and BusinessWorld.com.my will not be liable for any damages of
any kind arising from the use of the Site, including, without
limitation, direct, indirect, incidental, punitive, or
consequential damages.
No advice or information, whether oral or written, obtained
by you from BusinessWorld.com.my or through or from the Site shall create
any warranty not expressly stated in the TCU. Data and
information relating to securities or otherwise is provided for
informational purposes only, and is not intended for trading
purposes. Neither BusinessWorld.com.my nor any of its data or
content providers shall be liable for any errors or delays in the
content, or for any actions taken in reliance thereon.
15. Limitation of Liability
You expressly understand and agree that BusinessWorld.com.my shall
not be liable for any 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 BusinessWorld.com.my has been advised of the
possibility of such damages), resulting from: (i) the use or the
inability to use the Site; (ii) the cost of procurement of
substitute goods or services resulting from any goods, data,
information or services purchased or obtained or messages
received or transactions entered into through or from the Site;
(iii) unauthorized access to or alteration of your transmissions
or data; (iv) statements or conduct of any third party on the
Site; or (v) any other matter relating to the Site or the content
thereon, including without limitation any user content posted
thereon. In no event will BusinessWorld.com.my be liable for any damages
in excess of one hundred United States dollars ($100.00).
16. 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 may not apply to you.
17. Miscellaneous
The TCU constitutes the entire agreement between you and
BusinessWorld.com.my and governs your use of the Site, superceding any
prior agreements between you and BusinessWorld.com.my. You may also be
subject to additional terms and conditions that may apply when
you use affiliate services, third-party content, or third-party
software.
You agree that the TCU and the relationship between you and
BusinessWorld.com.my shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You
agree to submit to personal and exclusive jurisdiction by and
venue in the state and federal courts of the State of California,
County of Los Angeles. The failure of BusinessWorld.com.my to
exercise or enforce any right or provision of the TCU shall not
constitute a waiver of such right or provision.
If any provision of the TCU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the TCU 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 Site
or the TCU must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in the TCU are for convenience only and
have no legal or contractual effect.
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