| These terms and conditions govern the usage and access to Ruumz Web Site (“Site”) which includes the contents, documents, materials, information, software, products and services such as blogs, music, movies, developer tools, software downloads and communication forums related thereto and any other services that may be offered from time to time, if any (collectively, “Service”), provided by RuumzNation Sdn. Bhd. (822845-P) (“Service Provider”) a subsidiary of Packet One Networks (Malaysia) Sdn. Bhd. (571389-H) to you (“End User”). |
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| (Each of Service Provider and End User are hereinafter collectively referred to as “Parties” and individually as “Party”). |
| PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR THE SERVICE. BY ACCEPTING AT THE END OF THESE TERMS AND CONDITIONS, END USER CONFIRMS ACCEPTANCE OF THESE TERMS AND CONDITIONS. SERVICE PROVIDER RESERVES THE RIGHT TO UPDATE OR REVISE THESE TERMS AND CONDITIONS FROM TIME TO TIME. SERVICE PROVIDER MAY GIVE NOTICE OF AMENDMENT TO END USER IN SUCH A MANNER AS SERVICE PROVIDER DEEMS APPROPRIATE. CONTINUATION IN THE ACCESS OR USE OF THE SERVICE SIGNIFIES ACCEPTANCE BY END USER OF CHANGES TO THESE TERMS AND CONDITIONS. |
| 1. |
Provision of Services |
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Service Provider agrees to provide and the End User agrees to use the Service subject to these terms and conditions, including any schedules and exhibits, as amended by Service Provider from time to time (“Terms”). |
| 2. |
Eligibility |
| 2.1 |
This Site is intended solely for End Users who are of the age of thirteen (13) years and above. Any registration by, use of or access to the Site by anyone below the age of thirteen (13) years, is unauthorized, unlicensed and in violation of these Terms and Conditions. |
| 2.2 |
By using the Service or the Site, the End Users represent and warrant that End Users are thirteen (13) years of age and that the End Users agree to and to abide by all the terms and conditions of this Agreement. |
| 3. |
Registration |
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The End User hereby agrees to provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); maintain the security of your password and identification; maintain and promptly update Registration Data and any other information the End User provides to the Service Provider, to keep it accurate, current and complete; and be fully responsible for all use of your account and for any actions that take place using your account. |
| 4. |
Use of the Site Documentation |
| 4.1 |
The End User may download, view, copy and print documents, including graphics incorporated in the documents, that the Service Provider publishes on the Site ("Documents") and FAQs subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. |
| 4.2 |
In the event your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Documents or other Content from the Site in whole or in part without the express written authorization of the Service Provider. |
| 5. |
Use of the Ruumz Software |
| 5.1 |
Any software and accompanying documentation the End User download or access through the Site ("Software") is the copyrighted work of the Service Provider and/or a third party software provider. Use of the Software is subject to the terms of a software license agreement that accompanies or is included with the Software. The End Users use, reproduction or redistribution of the Software is prohibited except as expressly provided for in the software license agreement. |
| 5.2 |
All rights, title and interest not expressly granted are reserved. Except where expressly provided otherwise, all Software is provided on an "as is" basis. The Service Provider 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 of intellectual property rights and proprietary rights. |
| 6. |
End Users’ Content Posted on Site |
| 6.1 |
The End User is solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "End User Content"). |
| 6.2 |
The End User may not post, transmit, or share User Content on the Site or Service that the End User did not create or that the End User does not have permission to post. |
| 6.3 |
The End User hereby understand and agree that the Service Provider may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or End User Content in its sole discretion, for any reason or no reason, including without limitation End User Content that in the sole judgment of the Service Provider violates these Terms and Conditions, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. The Service Provider are solely responsible at its sole cost and expense for creating backup copies and replacing any End User Content posted or stored on the Site or provide it to the Service Provider. |
| 6.4 |
When the End User posts the End User’s Content to the Site, the End User may authorize and direct the Service Provider to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the End User’s Content on the Site. By posting End User Content to any part of the Site, the End User automatically grants and represents and warrants that the End User has the right to grant, to the Service Provider an irrevocable, perpetual, non-exclusive, transferable, fully paid (royalty-free), worldwide, fully sub-licensable right and license (with the right to sublicense) to use, reproduce, modify, adapt, publish, transmit, distribute, copy, publicly perform, publicly display, reformat, translate, except (in whole or in part) and distribute such End User’s Content in any form, medium, or technology now known or later developed, for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such End User Content, and to grant and authorize sub-licenses of the foregoing. |
| 6.5 |
The End User may remove its own End User Content from the Site at any time. If the End User chooses to remove its Content, the license granted above will automatically expire. However, the End User acknowledges that the Service Provider may retain archived copies of the End User’s Content. |
| 6.6 |
The Service provider does not obtain any ownership over the End User’ content subject to the rights granted to the Service Provider by virtue of these terms, the End User retains full ownership of all the End User’s content and any intellectual property rights or other proprietary rights associated with the End User’s Content. |
| 7. |
Mobile Services |
| 7.1 |
The Service includes certain services that are available via your mobile phone, including (i) the ability to upload content to ruumz via your mobile phone and to change your status, (ii) the ability to receive and reply to ruumz messages, (iii) the ability to browse ruumz from your mobile phone, (iv) the ability to access certain ruumz features through a mobile application you have downloaded and installed on your mobile phone and (v) to view photo albums etc (collectively the "Mobile Services"). |
| 7.2 |
The Mobile Services charges are subject to the published rate. The Mobile carrier's normal messaging, data and other rates and fees will still apply. The End User should check with the Mobile carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by the Mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, the End User should check with its Mobile carrier to find out if the Mobile Services are available for the mobile devices, and what restrictions, if any, may be applicable to use of such Mobile Services. |
| 7.3 |
By using the Mobile Services, the End User hereby agrees that the Service Provider may communicate with the End User regarding ruumz and other entities by SMS, MMS, text message or other electronic means to the Mobile device and that certain information about the usage of the Mobile Services may be communicated to the Service Provider. |
| 8. |
Proprietary Rights in Site Content : Limited License |
| 8.1 |
All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, photos, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Service Provider, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written permission from Service Provider is obtained, except that the foregoing does not apply to the End User’s own User Content (as defined below) that is legally posted on the Site provided that the End User is eligible for use of the Site, the End User is granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which the End User has properly gained access solely for personal, non-commercial use, provided that the End User keeps all copyright or other proprietary notices intact. |
| 8.2 |
Except for the End User’s own User Content, the End User may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. |
| 8.3 |
Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written consent from Service Provider, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. |
| 9. |
Intellectual Property Rights |
| 9.1 |
The Service Provider respect the intellectual property rights of others and the Service Provider shall prohibit End Users from uploading, posting or otherwise transmitting on the ruumz website or service any materials that violate another party's Intellectual property rights. In the event of intellectual property infringement, the Service Provider shall promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein. In the event the End User believes that any material on the Site infringes upon any copyright which it owns or controls, it may send a written notification of such infringement to the Service Provider. |
| 9.2 |
The Service Provider’s graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks of the Service Provider in Malaysia and/or other countries. The Service Provider's trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written consent from Service Provider. |
| 9.3 |
The Service Provider shall own all Intellectual property rights with regards to domain names and subdomains names related to ruumz.com. The Service Provider shall have the right to recall any names to its sole discretion and shall inform the End User to change its subdomain. |
| 9.4 |
Ruumz is a registered trademark of Packet One Networks (Malaysia) Sdn. Bhd. and/or its subsidiaries or affiliates (All rights reserved). Other names appearing on the Site may be trademarks of their respective owners. |
| 10. |
Repeat Infringer Policy |
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The Service Provider has adopted a policy of terminating, in appropriate circumstances and at the Service Provider’s sole discretion, members who are deemed to be repeat infringers. The Service Provider may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. |
| 11. |
Shared Service |
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The Service Provider offers a feature whereby users of the Site can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service (the "Share Service"). The End User acknowledges and agrees that the use of the Share Services and all links, User Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms and Conditions. |
| 12. |
Use of Share Links by Online Content Providers |
| 12.1 |
Subject to the terms and conditions of these Terms and Conditions, Third Party Sites that meet the requirements set forth below may place a Share Link (as described below), in the form approved by the Service Provider, on pages of their web sites to facilitate use of the Share Service. |
| 12.2 |
A Third Party Site that posts a Share Link on its web site is referred to herein as "Online Content Provider" and shall abide and be subject to the applicable sections of these Terms of Use. A "Share Link" is a button and/or a text link appearing on an Online Content Provider's web page that, upon being clicked by a user, enables us to launch a sharing mechanism through which users can share with others or post to their own member profile, links and content from that page. |
| 12.3 |
In the event that the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of the Service Provider, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider's site and solely in the current form provided by the Service Provider. |
| 12.4 |
In the event that the Share Link is a text link, it must include the word "ruumz" as part of the link. The rights granted in this paragraph may be revoked by the Service Provider at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share Links from its site. |
| 12.5 |
In order for an Online Content Provider to include a Share Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a user would be a violation of the user conduct rules set forth above. Without limiting the forgoing, Online Content Provider agrees not to post a Share Link on any web site that contains, and represents and warrants that such web site does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose the Service Provider or its users to any harm or liability of any type. Upon including of a Share Link, Online Content Provider agrees to defend, indemnify and hold the Service Provider, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties. |
| 12.6 |
By including a Share Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Service Provider an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Share Service in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, except (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Online Content Provider places the Share Link. |
| 12.7 |
The End User agrees that the Service Provider is not responsible for the availability of, and Content provided on, third party Web sites. The End User should refer to the policies posted by other Web sites regarding privacy and other topics before they use them. |
| 12.8 |
The End User agrees that the Service Provider is not responsible for third party Content accessible through the Site, including opinions, advice, statements and advertisements, and understand that the End User’s bears all risks associated with the use of such Content. |
| 12.9 |
If the End User chooses to purchase any products or services from a third party, the relationship is directly with the third party. The End User agrees that the Service Provider is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of the agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. The End User agrees that the Service Provider is not responsible for any loss or damage of any sort the End User may incur from dealing with any third party. |
| 13. |
Transactions |
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Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through ruumz. The End User acknowledges that the Service Provider or ruumz is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by ruumz applicable to any transactions are set forth on the Site, and all terms and conditions applicable to such fees are set forth in the ruumz Terms of Sale. ALL USE OF ANY TRANSACTION IS PROVIDED "AS IS" AND AT YOUR OWN RISK. |
| 14. |
Ruumz Platform Application |
| 14.1 |
The Ruumz Platform is services provided by ruumz that enable third-party developers ("Platform Developers") to create websites and applications that retrieve data made available by ruumz and its users and/or that retrieve authorized data from third-party sites for use on the ruumz Site ("Platform Applications"). |
| 14.2 |
Platform Developers may use the ruumz Platform and create Platform Applications only in accordance with the terms and conditions set forth in an agreement entered into between ruumz and the Platform Developer ("Developer Terms"). The Service Provider standard Developer Terms consist of the ruumz Developer Terms of Service and the related ruumz Platform Application Guidelines. |
| 14.3 |
The Service Provider may from time to time enter into separate agreements with certain third party Platform Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Platform Developer to only display the End User information in accordance with ruumz privacy settings. The standard Developer Terms are subject to change without prior notice at any time, in the Service Provider’s sole discretion, so the End User should review these documents from time to time. ALL USE OF THE ruumz PLATFORM IS PROVIDED "AS IS" AND AT YOUR OWN RISK. |
| 14.4 |
End User whom installs Platform Applications must agree to the terms and conditions set forth in the Platform Application Terms of Use ("Application User Terms") and in these Terms and Conditions. The Application User Terms are subject to change without prior notice at any time, in the Service Provider’s sole discretion, so the End User should review these terms each time the End User installs an application and from time to time. |
| 14.5 |
Platform Developers may require the End User to agree to their own terms of service, privacy policies and/or other policies as a condition of using Platform Applications. Platform Applications have not been approved, endorsed, or reviewed in any manner by ruumz, and the Service Provider are not responsible for the End User’s use of or inability to use any Platform Applications, including without limitation the content, accuracy, or reliability of such Application and the privacy practices or other policies of Developers. END USER SHALL USE SUCH PLATFORM APPLICATIONS AT THEIR OWN RISK. |
| 14.6 |
If the End User, their friends or members of their network use any Platform Applications, such Platform Applications may access and share certain information about the End User with others in accordance with the privacy settings as further described in the Privacy Policy. Platform Developers are required to agree to restrictions on access, storage and use of such information. |
| 14.7 |
However, while the Service Provider have undertaken contractual and technical steps to restrict possible misuse of such information by such Platform Developers, the Service Provider do not screen or approve Developers, and the Service Provider cannot and do not guarantee that all Platform Developers will abide by such restrictions and agreements. Certain actions the End User take through the Platform Applications may be displayed to their friends in their profile, videos, music tracks and news feed, and the End User may opt-out of displaying your Platform Application actions on the Privacy Settings page. Please report any suspected misuse of information through the ruumz Platform as described in the Privacy Policy. |
| 15. |
Use of Forums and Public Communication |
| 15.1 |
"Ruum" means discussion group, chat area, bulletin board, news group, letter to the Service Provider, or employees, e-mail function, or other service in connection with which the End User can upload, email, post, publish or otherwise transmit Content. |
| 15.2 |
The End User agrees not to upload, email, post, publish, distribute or otherwise transmit through a Ruum any Content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations. |
| 15.3 |
Forums shall be used in a non-commercial manner only. The End User shall not upload, email, post, publish, distribute or otherwise transmit any Content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. |
| 15.4 |
The End User agrees not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by the Service Provider, the End User agrees not to collect or store personal data about other users. |
| 15.5 |
The Service Provider has no obligation to monitor Ruumz or participate in Ruumz. However, the Service Provider reserves the right to review Ruumz Content and remove any Content at its sole discretion. |
| 16. |
End User's Responsibilities |
| 16.1 |
End User shall: |
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| 16.1.1 |
represent and warrant that they are 13 years of age or above; |
| 16.1.2 |
accept all advertising programs offered by the Service Provider on the Site (e.g., ruumz Flyers, ruumz Marketplace), the Service and the Site are available for the End User’s personal, non-commercial use only; |
| 16.1.3 |
be responsible for the set-up or configuration of his/her/its own equipment for access to the Service; |
| 16.1.4 |
comply with all notices or instructions given by Service Provider from time to time in respect of the use of the Service; |
| 16.1.5 |
be solely responsible for obtaining, at his/her/its own cost, all licenses, permits, consents, approvals as may be required for using the Service; |
| 16.1.6 |
comply with the rules of any network to which End User has access through the Service; |
| 16.1.7 |
comply with and not contravene any and all applicable laws and regulations of Malaysia, whether relating to the Service or otherwise and that no materials of any kind submitted through the End User’s account or otherwise posted, transmitted, or shared by the End User on or through the Service or the Site shall violate or infringe upon the rights of any third party, including copyright, trademark, patent, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material; |
| 16.1.8 |
be solely responsible for all information retrieved, stored and transmitted by End User through the use of the Service; |
| 16.1.9 |
obtain Service Provider's prior approval before making any changes to the network configuration and interconnecting the private network to any public network; |
| 16.1.10 |
be responsible for ensuring that End User’s personal computer is equipped with the necessary network card; |
| 16.1.11 |
provide basic infrastructure for installation of the End User Premise Equipment including but not limited to internal wiring; |
| 16.1.12 |
pay and settle all fees and any other charges due to Service Provider in accordance with these Terms; |
| 16.1.13 |
abide and adhere to all Service Providers Terms and Conditions; |
| 16.1.14 |
and comply with the provisions of all access agreements executed between Service Provider and third parties. |
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| 17. |
Prohibited Use |
| 17.1 |
End User shall: |
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| 17.1.1 |
not harvest or collect email addresses or other contact information of other End Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; |
| 17.1.2 |
not use automated scripts to collect information from or otherwise interact with the Service or the Site; |
| 17.1.3 |
not upload, post, transmit, share, store, distribute or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; |
| 17.1.4 |
not upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; |
| 17.1.5 |
not upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; |
| 17.1.6 |
not solicit personal information from anyone under eighteen (18) years of age or solicit passwords or personally identifying information for commercial or unlawful purposes; |
| 17.1.7 |
not upload, post, transmit, share or otherwise make available 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; |
| 17.1.8 |
not upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; |
| 17.1.9 |
not use or attempt to use another's account, service or system without prior written authorization from the Service Provider, or create a false identity on the Service or the Site. |
| 17.1.10 |
not upload, post, transmit, share, store, distribute or otherwise make available any videos other than those of a personal nature that: (i) are of the End User or friends, (ii) are taken by the End User or their friends, or (iii) are original art or animation created by the End User or friends; |
| 17.1.11 |
not register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; |
| 17.1.12 |
not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; |
| 17.1.13 |
not upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Service Provider, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Service Provider or its users to any harm or liability of any type. |
| 17.1.14 |
not access or use the Site in any manner that could damage, disable, overburden, or impair the Site, any of the Service Provider’s accounts, computer systems or networks. |
| 17.1.15 |
not attempt to gain unauthorized access to any parts of the Site or any of the Service Provider’s accounts, computer systems or networks. |
| 17.1.16 |
may not interfere or attempt to interfere with the proper working of the Site or any of the Service Provider’s accounts, computer systems or networks. |
| 17.1.17 |
not use any automated means or otherwise to access the Site or any of the Service Provider’s accounts, computer systems or networks without the Service Provider's express written permission. |
| 17.1.18 |
not use the Service, any equipment, relevant technology and intellectual property rights for any unlawful purpose including without limitation for any criminal purposes; |
| 17.1.19 |
not use the Service to send unsolicited electronic messages or any message which is obscene, threatening or offensive on moral, religious, racial or political grounds to any person including a company or a corporation; |
| 17.1.20 |
not disrupt the normal use of the Service for other End Users; |
| 17.1.21 |
not compromise or infect any systems with computer viruses or otherwise; |
| 17.1.22 |
not infringe any intellectual property rights of Service Provider, its related companies and subsidiaries or any third party; |
| 17.1.23 |
not modify, reverse engineer, translate, disassemble or decompile the Service and End User Premise Equipment, or otherwise to attempt to derive the source code of the software that enables the Service and not use the Service in any manner, which in the opinion of Service Provider may adversely affect the use of the Service by other End Users or efficiency or security as a whole. |
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| 17.2 |
In respect of the Terms under Clause 17.1 hereinabove End User shall indemnify and keep the Service Provider indemnified against all costs, expenses, loss and damages that may arise out of End User’s non-adherence thereof. |
| 18. |
Security |
| 18.1 |
End User shall take all such measures as may be necessary to protect his/her/its password, own system and network. |
| 18.2 |
End User shall be responsible for maintaining the confidentiality of his/her/its passwords, if any, (including without limitation changing his/her/its passwords from time to time) and shall not reveal the same to any other person. |
| 18.3 |
Service Provider shall not be liable for any loss End User suffers as a result of not keeping his/her/its password and other security information confidential. |
| 18.4 |
End User acknowledges that Service Provider shall not be liable for the security of End User’s data or passing over the Service or the Service Provider Network and that Service Provider shall have no obligation to ensure, and makes no representations or warranties concerning the security of such data. End User shall be solely responsible for the data retrieved, stored or transmitted through the Service or the Service Provider Network. |
| 18.5 |
End User agrees that Service Provider is not liable for any unauthorized access to End User’s data even where the access occurs as a result of a fault in the Service Provider Network or any other equipment or software owned, operated or supplied by Service Provider. |
| 18.6 |
End User agrees to notify the Service Provider immediately of any unauthorized use of the password(s) or account(s). |
| 18.7 |
The Service Provider is concerned about the protection of personal information it has collected from the End User and has taken reasonable steps to prevent unauthorized access to that information. In consideration of the End User’s use of the Site, the End User agrees to provide accurate, current and complete information about them as may be prompted by any registration forms on the Site. |
| 19. |
Security |
| 19.1 |
Without prejudice to any other rights or remedies and notwithstanding any waiver by Service Provider of any breach by End User, Service Provider may suspend all or any of the Service for a period determined by Service Provider in its sole discretion in the event that: |
|
| 19.1.1 |
Any fees and / or payment due hereunder for the Service provided which has not been settled in full and remains due and payable to the Service Provider; |
| 19.1.2 |
End User fails to comply with these Terms; |
|
| a) |
there is reasonable suspicion of fraudulent or illegal activity by End User; |
| b) |
a legal authority requests Service Provider to do so; and / or |
| c) |
any scheduled or unscheduled outages occur which cause interruption to the Service, including but not limited to maintenance of Service Provider’s equipment or systems. |
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|
| 19.2 |
In the event of any suspension of the Service by Service Provider in accordance with Clause 13.1 hereof, Service Provider may if it deems appropriate at it sole discretion and upon such terms, as it deems proper reconnect the Service, in which event the Service and these Terms shall continue in effect as if the Service had not been suspended. |
| 20. |
Termination |
| 20.1 |
The Service Provider may terminate the End User’s membership, delete their profile and any content or information that they have posted on the Site or through any Platform Application and/or prohibit the End User from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason whatsoever, at any time in its sole discretion, with or without notice, including without limitation if it believes that the End User is under 13 or if it believes that the End User has breached any one of the Terms and Conditions stated herein. When the Service Provider are notified that a End User has died, the Service Provider will generally, but are not obligated to, keep the End User's account active under a special memorialized status for a period of time determined by the Service Provider to allow other End Users to post and view comments. |
| 20.2 |
The Service Provider shall further terminate the End User’s membership in the event their profiles have been inactive for three (3) months and thereafter, if not re-activated, the Service Provider shall release their subdomain names after one (1) month. |
| 20.3 |
Service Provider shall not be liable to End User for any claim for damages or costs of any nature whatsoever arising out of discontinuance of the Service due to the termination or expiration of any Service or these Terms in accordance with its term including but not limited to any claim for loss of profits or prospective profits or for anticipated loss. |
| 21. |
Termination |
| 21.1 |
The Service Provider is not responsible or liable in any manner for any End User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by End Users of the Site, by ruumz, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although the Service Provider provides rules for End User conduct and postings, the Service Provider does not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any malicious, adult, defamatory, offensive, inappropriate, obscene, unlawful or otherwise objectionable content the End User may encounter on the Site or in connection with any End User Content or Third Party Applications, Software or Content. |
| 21.2 |
The Service Provider is not responsible for the conduct, whether online or offline, of any user of the Site or Service. The End User is obligated to report any inappropriate, offensive, obscene, unlawful or otherwise objectionable content to the Service Provider immediately and the Service Provider shall take all necessary action against the defaulting End User. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. |
| 21.3 |
The Service Provider assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, End User communications. |
| 21.4 |
The Service Provider is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to End User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including without limitation any Mobile Client software. |
| 21.5 |
Under no circumstances will the Service Provider be responsible for any loss or damage, including any loss or damage to any End User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any End User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to End Users, or any interactions between users of the Site, whether online or offline. |
| 21.6 |
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES, THE SHARE SERVICE AND THE MARKETPLACE SERVICE), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND THE SERVICE PROVIDER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SERVICE PROVIDER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. THE SERVICE PROVIDER DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, END USER SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, END USER UNDERSTAND AND AGREE THAT END USER DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT THE END USER’S OWN DISCRETION AND RISK AND THAT THE END USER WILL BE SOLELY RESPONSIBLE FOR THEIR USE THEREOF AND ANY DAMAGES TO THEIR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. |
| 21.7 |
THE SERVICE PROVIDER RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, OR TO MODIFY, ADD OR DELETE PORTIONS OF THE SITE AT ANY TIME WITHOUT NOTICE. |
| 21.8 |
The End User’s continued use of the Service or the Site after any such changes constitutes acceptance of the new Terms and Conditions. If the End Users do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Service or the Site. |
| 21.9 |
It is the End User’s responsibility to regularly check the Site to determine if there have been changes to these Terms and Conditions and to review such changes. |
| 21.10 |
While every care is taken by Service Provider in the provision of the Service, Service Provider shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents accuracy or quality of information available, received or transmitted through the Service. |
| 21.11 |
End User shall be solely responsible, and Service Provider shall not be liable in any manner whatsoever, for ensuring that in using the Service all applicable laws, rules and regulations for the use of any telecommunications systems, service or equipment shall be at all times complied with. |
| 22. |
Indemnity |
| 22.1 |
The End User agrees to indemnify and hold the Service Provider, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including but not limited to libel, slander or infringement of copyright or other intellectual property rights or death, bodily injury or property damage including reasonable legal's fees, arising out of or in connection with any End User Content, any Third Party Applications, Software or Content the End User posts or shares on or through the Site (including without limitation through the Share Service), their use of the Service or the Site, the End User’s conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party. This paragraph shall survive termination of these Terms and the Service. |
| 22.2 |
Service Provider shall use its best endeavours to ensure the continuity and efficiency of the Service at all times but shall not be liable for any loss, damage, consequential or otherwise, arising out of any failure of the Service caused unless such default, error, omission or loss is due to the willful neglect or fault of Service Provider. Notwithstanding the aforementioned, the extent of Service Provider’s liability shall be limited to correcting the failure of the Service only. |
| 23. |
Submissions |
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End User acknowledges and agrees that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by the End User to the Service Provider is non-confidential and shall become the sole property of the Service Provider. The Service Provider shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to the End User. |
| 24. |
Entire Agreement |
| 24.1 |
These Terms comprise the complete registration and activation process for each Service submitted by End User to Service Provider, represent the entire understanding, and constitute the whole agreement, in relation to its subject matter and supersedes any previous agreement between the Parties with respect thereto, and, without prejudice to the generality of the foregoing, excludes any warranty, condition or other undertaking implied at law or by custom. |
| 24.2 |
In the event of a conflict between terms and conditions set forth in the main body of these Terms and the terms in a service specific schedule, the terms in the service specific schedule shall govern. |
| 25. |
Severability |
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If any provision herein contained should be invalid, illegal or unenforceable under any applicable law, such provision shall be fully severable and these Terms shall be construed as if such illegal or invalid provision had never comprised a part of these Terms and the legality and enforceability of the remaining provisions of these Terms shall not be affected or impaired in any way. |
| 26. |
Assignment |
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End User shall not assign any of his/her/its rights or obligations under these Terms to any other person whatsoever. Service Provider may assign and/or novate these Terms to any third party and consent for the abovementioned is hereby deemed given by End User. |
| 27. |
Indulgence and Waiver |
| 27.1 |
No delay or indulgence by Service Provider in enforcing any term or condition of these Terms or granting of time by Service Provider to End User shall prejudice the rights or powers of Service Provider under these Terms or at law. |
| 27.2 |
Failure by Service Provider to exercise any part or all of its rights under these Terms or any partial exercise shall not act as a waiver of such right nor shall any waiver by Service Provider of any breach constitute a continuing waiver in respect of any subsequent or continuing breach. |
| 28. |
Notice |
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Service Provider may give notice by way of posting a notice on its website or by e-mail or other communication coordinates. All notices, requests or other communications required or permitted to be given or made hereunder by End User to Service Provider shall be in writing and delivered either by hand, or sent by prepaid registered post addressed to Service Provider’s registered office address (or such other address as Service Provider may revise from time to time). Such notices, requests or other communications shall be deemed to have been given by facsimile or e-mail immediately after transmission thereof or if sent by post (including posting on the website by Service Provider), forty-eight (48) hours after posting. |
| 29. |
Force Majeure |
| 29.1 |
Service Provider shall not be liable for any breach of these Terms arising from cause beyond its control, including but not limited to: |
|
| 29.1.1 |
war, whether declared or not, civil war, civil violence, riots and revolution, acts of piracy, acts of sabotage; |
| 29.1.2 |
natural disasters and Acts of God, such as violent storms, cyclones, earthquakes, tsunamis, tidal waves, floods, destruction by lightning; |
| 29.1.3 |
explosions, fires, destruction of machines, of factories and of any kind of installations; |
| 29.1.4 |
boycotts, strikes and lock-outs of all kinds, go-slows, occupations of factories and premises, work stoppages, embargo, labor shortages or disputes, failure of the Internet; and |
| 29.1.5 |
acts of authority, whether lawful or unlawful. |
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| 29.2 |
Service Provider may terminate any Service by giving written notice to End User, in the event that the Force Majeure event which has occurred prevents Service Provider from performing and/or continuing its obligations for more than a period of fourteen (14) days. |
| 30. |
Governing Law and Forum |
| 30.1 |
These Terms shall be governed and construed in accordance with the laws of Malaysia and the Parties hereby irrevocably submit to the non-exclusive jurisdiction of the Malaysia courts. These terms and condition shall also be subjected to the directives, determinations and regulations as set by Malaysian Communications and Multimedia Commission from time to time (“MCMC Directives”). In the event of conflict between the terms and conditions and MCMC directives, the MCMC directives shall prevail and supersede in respect of the conflict only. |
| 30.2 |
Some areas of the Site may have additional rules, guidelines or terms of use posted separately from this Terms and Conditions. If there is a conflict between these Terms and Conditions and the rules, guidelines and the terms of use posted on this Site, the latter shall have precedence with respect to your use of that area of the Site. |
| 31. |
Taxes |
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Where any Goods and Services Tax (“GST”), Value Added Tax (“VAT”), Government tax or equivalents thereof, is applicable to Service Provider as the supplier under these Terms, Service Provider is entitled to charge End User the GST, VAT and/or equivalents thereof payable to the government. |
| 32. |
Terms of Sale |
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Please refer to the Terms of Sale for the terms, conditions and policies applicable to purchase of products or services from the Service Provider. By ordering products or services from the Service Provider through the Site, the End User agrees to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in the Service Provider's sole discretion so the End User should review the Terms of Sale each time they make a purchase. |
| 33. |
End User Disputes |
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End User is solely responsible for their interactions with other ruumz users. The Service Provider reserves the right, but has no obligation, to monitor disputes between the End User and other users. |
| 34. |
Privacy Policy |
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The Service Provider cares about the privacy of End Users and has developed a policy to address privacy concerns. For more information, please view the Service Provider's Privacy Policy. By using the Site or the Service, the End User is consenting to have their personal data transferred to and processed in ruumz. |
| 35. |
Contact Information |
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If the End User has any questions regarding these Terms and Conditions, please contact support@ruumz.com |
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