gua.com.my - Term & Conditions

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Welcome to GUA.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 GUA.COM.MY (collectively, GUA.COM.MY).

YOUR AFFIRMATIVE ACT OF USING GUA.COM.MY SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE, YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN THE GUA.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

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.

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.

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.

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

The User agrees not to use the GUA.COM.MY to :

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;

harm minors in any way;

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;

victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, including but not limited to GUA.COM.MY and/or ALT MEDIA, their employees and agents;

encourage conduct that would constitute a criminal offence, or that gives rise to civil liability;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through GUA.COM.MY or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

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) ;

upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary rights of any party;

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;

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 GUA.COM.MY, its servers or networks connected to GUA.COM.MY, or disobey any requirements, procedures, policies or regulations of networks connected to GUA.COM.MY;

use GUA.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 GUA.COM.MY;

attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means;

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 GUA.COM.MY’s website community;

engage in commercial activities on GUA.COM.MY without GUA.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.

exploit or in way use, whether or not for any form of personal gain and/or business, any of the content on GUA.COM.MY unless specifically consented to, permitted or allowed by these Terms of Use or GUA.COM.MY

GUA.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

GUA.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 GUA.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 GUA.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 GUA.COM.MY will be subject to the Registered User Terms of Service.

(E)

ADDITIONAL TERMS

Certain areas of GUA.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 GUA.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 GUA.COM.MY electronically. We will post the notices on the home page of GUA.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 GUA.COM.MY.

(G)

The GUA.COM.MY Privacy Policy explains the practices that apply to your information when you use GUA.COM.MY. Your ongoing use of GUA.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 GUA.COM.MY.

(H)

CHANGES TO AOL.COM

1.	GUA.COM.MY may discontinue or change any service or feature on GUA.COM.MY at any time and without notice
2.	GUA.COM.MY assumes no responsibility for the timeliness, misdelivery, deletion or failure to store Chat sessions or Forum postings.

(I)

You must provide at your own expense the equipment and Internet connections that you will need to access and use GUA.COM.MY. You are solely responsible for any costs you incur to access GUA.COM.MY through any wireless or other communication service.

(J)

PROPRIETARY RIGHTS

GUA.COM.MY, it’s suppliers and users who lawfully post text, messages, information, software, images, audio and video ("Content") on AOL.COM 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 AOL.COM are our trademarks.

(J)

PROPRIETARY RIGHTS

(K)

PROPRIETARY RIGHTS

You may use GUA.COM.MY and the Content offered on GUA.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 GUA.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)

PROPRIETARY RIGHTS

Certain areas of GUA.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 GUA.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 GUA.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 GUA.COM.MY is not liable for Content that is provided by others. GUA.COM.MY is under no duty to pre-screen Content, but GUA.COM.MY has the right to refuse to post or to edit submitted Content. GUA.COM.MY reserves the right to remove Content for any reason, but GUA.COM.MY is not responsible for any failure or delay in removing such material.

2.	GUA.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 GUA.COM.MY and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as GUA.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 GUA.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

GUA.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 GUA.COM.MY endorses these third party sites or services. The User hereby acknowledges and agrees that GUA.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 GUA.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.	GUA.COM.MY is provided on a as is basis, with all faults and as available. GUA.COM.MY and its suppliers make no express warranties or guarantees about GUA.COM.MY. TO THE EXTENT PERMITTED BY LAW, GUA.COM.MY AND ITS SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT GUA.COM.MY AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH GUA.COM.MY ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT GUA.COM.MY WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF GUA.COM.MY, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE GUA.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 GUA REPRESENTATIVE SHALL CREATE A WARRANTY.

2.	THE USER AGREES THAT IN THE EVENT THAT GUA.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 GUA.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

1.	GUA.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 GUA.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 GUA.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 GUA.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 GUA.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. GUA.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. GUA.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 GUA.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 GUA.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 GUA.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 GUA.COM.MY from a location outside Malaysia, you do so on your own initiative and you are responsible for compliance with local laws.

(T)

LIMITATION OF LIABILITY

As this Site is operated by GUA.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.

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)

INTERNATIONAL USE

This contract and any supplemental terms, policies, rules and guidelines posted on GUA.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 GUA.COM.MY automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with GUA.COM.MY. We also reserve the right, in our sole discretion, to terminate your access to all or part of GUA.COM.MY, for any reason for or without notice.