TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE VISITING/ACCESSING ANY OF OUR SITES AS THEY CONTAIN BINDING LEGAL TERMS. BY VISITING/ACCESSING ANY OF OUR SITES, YOU ARE DEEMED TO HAVE FULLY READ, UNDERSTOOD AND AGREE TO THESE TERMS AND CONDITIONS AS MAY BE AMENDED BY US FROM TIME TO TIME.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, YOU MUST CEASE VISITING/ACCESSING ALL OUR SITES.
“The Company” means Sarawak Media Group Sdn Bhd [Company No. 201801013814 (1275830-A)] a company incorporated in Malaysia and having its business address at #LG12, Lower Ground Floor, Mall 2, City One Megamall No. 1, Jalan Song, 93350 Kuching, Sarawak, together with its subsidiaries and affiliates;
“The Company Services” means the provision of services such as television broadcast, radio broadcast, interactive and data transmission services, broadband, premium content subscriptions and any other services created by The Company and/or its services providers on behalf of The Company made available to You by The Company;
“The Company Website” means this website and any of the websites owned or managed by The Company and includes the web services and any other micro sites as made available to you by The Company;
“Content” means audio, video (including video clips and video streaming), messages, files, data, images, photographs, software, pictures, logos, live feeds, information, on demand content and games;
“Device” means personal computer, electronic tablet, mobile phone, smart phone, media streaming device, smart tv’s or any similar devices;
“Downloadable Content” means Content made available to You for download and to be played back at a later time on the Device;
“Personal Information” means the personal information or sensitive personal information as stated in the General Consumer Code of Practice for the Communications and Multimedia Industry Malaysia and/or any other applicable legislation relating to data protection, including, without limitation, the Personal Data Protection Act 2010;
“Preview Content” means Content and selected User Generated Content that has been edited by The Company and posted on The Company Website for preview the viewing and browsing benefit of visitors to The Company Website;
“Post” or “Posted” or “Posting” means to publish, display, submit and/or upload;
“Terms” means this The Company Website Terms and Conditions for The Company Website or The Company Services managed by The Company;
“User” means a person who access or uses any The Company Website or The Company Services;
“User Generated Content” or “UGC” means any uploaded material, data shared or contribution made which includes without limitation all forms of text, links, photographs, graphics, video (including video clips and video streaming), audio, files, images, pictures, logos, news, live feed or other data or information posted by any User (including You) on our The Company Website;
“Video Player” means the software program that allows the playback of audio video formats and/or files;
“You” and “Your” means any User of The Company Website or The Company Services which shall include TVS ID registered members and “your” shall be interpreted accordingly
General Acceptance of Terms
- You agree that The Company may modify and amend this Terms at any time without notice. Unless explicitly stated otherwise, any new service introduced by The Company, shall be subject to this Terms. You are responsible for regularly reviewing The Company’s updated Terms posted on The Company Website. By continuing to use The Company Website or The Company Services, you are deemed to have agreed to be bound by any modifications and amendments to this Terms.
- You can access The Company Website home page and browse the Website without disclosing your Personal Information. The service and links of The Company Website may include links to third party websites.
- Owing to the global nature of the internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and it’s use as set out in this terms and conditions. By submitting your information, you consent to these transfers.
- You agree to use The Company Website and The Company Service only for lawful purposes and in accordance with this Terms and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of The Company Website and The Company Service.
- You agree to (a) notify The Company immediately of any unauthorised use or any other breach of security, and (b) ensure that you exit from your TVS ID at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
- The Company Website is provided to You for Your private and personal use only. You shall not allow any other person to: (a) resell, timeshare, sublicense, or otherwise transfer all or any portion of The Company Website to any other party; or (b) make commercial use of The Company Website without the express written consent of The Company. You will not broadcast, copy, download, frame, reproduce, republish, or transmit in any manner whatsoever, any material on The Company Website except as is strictly necessary for Your own personal non-commercial home use.
- You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through The Company Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding on-line communication in the country in which you reside.
- You may not use The Company Website in any manner that could damage, disable, overburden, or impair The Company Website (or the network(s) connected to The Company Service) or interfere with any other party’s use and enjoyment of The Company Service. You may not attempt to gain unauthorized access to The Company Website and other TVS ID, computer systems or networks connected to The Company Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through The Company Website.
- You agree to be responsible for payment of (i) registration or subscription fees (where applicable), (ii) the charges for the Content that is requested by you and (iii) any charges that The Company may stipulate from time to time and all applicable charges incurred as a result of your use of The Company Service, including but not limited to the use or misuse by an unauthorised third party, or any error, accidental use or loss.
- You will not post or transmit through The Company Website any defamatory, harmful, obscene, threatening, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are crude, racist sexist, vulgar, or otherwise offensive. Always treat other users with respect.
- You will not post or otherwise make available on The Company Website any material, which you do not own without the express permission of the owner of the material.
- You will not broadcast, copy, download, frame, reproduce, republish, transmit in any manner whatsoever, any material on The Company Website except as is strictly necessary for your own personal non-commercial home use.
- You agree not to alter or modify any part of our Website, including but not limited to the embedded Video Player or any of its related technologies.
- You will not reproduce, trade, resell, sell, or exploit for any commercial purposes, any or all of The Company Service, the use of The Company Service, the access to The Company Service including any logo, graphic, sound, image and articles whether posted by The Company, other users of The Company Service or by Yourself. You shall not use The Company Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with The Company Website.
- The Company Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music or sound, and the entire contents of the website are copyrighted as a collective or severable work under applicable copyright laws. The Company and/or The Company Group own or have acquired a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
- You will abide by the specific rules of any competition or promotion that you participate in on or via The Company Website. Unless we tell you otherwise, all prize draws and competitions offered via The Company Website are not open to anyone outside Malaysia.
- You will not do anything that affects the operability or security of The Company Website or causes unreasonable inconvenience or offence or disruption to our staff.
- You agree to comply with any contest or giveaway terms and conditions that are posted on The Company Website. Participation in any such contest or giveaways shall be deemed agreement to such terms.
- All editorial content, graphics, video and soundbites on The Company’s Website and/or The Company Services are protected by Malaysian copyright law and international treaties and may not be copied or re-used without the express permission of The Company, which reserves all rights. Re-use of any of such content online for any purpose is strictly prohibited. Permission to use The Company’s proprietary content may be granted on a case-by-case basis. Please direct your enquiries to [email protected].The materials from The Company’s Website are available for informational and non-commercial offline use only, provided that: the content and/or graphics are not modified, amended or altered in any way whatsoever; all copyright and other notices on any copy are retained; and permission in writing has been granted by The Company. You may not reproduce, upload, display or distribute the content or material from the Sites whether for commercial or personal purposes without the express written permission of The Company.
- You may not copy or adapt the HTML code that The Company creates to display pages. It also is covered by The Company’s copyright. The “look” and “feel” of The Company’s Website are also trademarks of The Company. This includes but not limited to colour scheme, button shapes, layout, and all other graphical elements.
- Third party material contained in The Company’s Website is protected by copyright and shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither this material nor any portion thereof may be stored in a computer except for personal and non-commercial use.
- The Company will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
- The Company’s Website and its contents, including all trademarks, service marks, and graphical elements, are our sole property unless otherwise expressly noted and are protected by copyright, trademark, patent, and/or other proprietary rights and laws The Company’s Website and its contents may also contain various third-party names, trademarks, and service marks that are the property of their respective owners. Subject to these Terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use The Company’s Website solely for your own personal, non-commercial purposes and solely in accordance with these Terms.
- This license is terminable at any time and does not grant you any additional rights with respect to The Company’s Website or its contents. The Company reserves all other rights. You may not modify, alter or change any content, or distribute, publish, transmit, reuse, re-post, reverse engineer, or disassemble the content or any portion thereof for public or commercial purposes, including, without limitation, the text, images, audio and video. Your use of any content, except as provided in these Terms, without our written permission of is strictly prohibited.
User Generated Content
- User Generated Content are made available to You for Your information and personal use solely as intended through the normal functionality of The Company’s Website. User Generated Content are made available on an “as is” basis, and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of The Company’s Website or otherwise as prohibited under these Terms.
- You also hereby grant each User of The Company’s Website a non-exclusive licence to access Your User Generated Content through the access and/or use of The Company’s Website, and to use such User Generated Content only as permitted through the functionality of The Company’s Website
- You understand and agree that The Company may retain and store, but not display or distribute server copies of the User Generated Content that has been removed or deleted. The above licenses granted to us, by You in User Generated Content, is irrevocable.
- Further to the foregoing paragraph, by submitting Your User Generated Content in The Company’s Website, You warrant that:-
- Your User Generated Content is Your own original work or You have the necessary licence, rights, consents and permissions to use and authorize The Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content to enable inclusion and use of the User Generated Content in the manner contemplated by this TOU and that You have the right to make it available to us for all the purposes specified above;
- Your User Generated Content is not defamatory, harmful, obscene, threatening, pornographic or otherwise illegal which would violate or infringe in any way upon The Company’s rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are crude, racist, sexist, vulgar, or otherwise offensive. Always treat other users with respect.
- You shall be solely responsible for Your User Generated Content and the consequences of posting or publishing them;
- You shall indemnify The Company against all legal fees, damages and other expenses that may be incurred by The Company as a result of Your breach of the above warranty; and
- You waive any moral rights in Your User Generated Content for the purposes of its submission to and publication in any of The Company’s platforms and the purposes specified above.
- The Company does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Generated Content. We do not permit activities which will infringe any intellectual property rights and will remove all infringing User Generated Content upon notification that such User Generated Content infringes on another’s intellectual property rights. We further reserve the right to remove the User Generated Content without prior notice as stated in this Terms.
- You understand and agree that we may review and delete any User Generated Content that you post on The Company’s Website at any time without notice, without liability and for any or no reason whatsoever. We may remove the User Generated Content from The Company’s Website if, in our sole opinion, (1) the content violates this Terms; (2) the content might be offensive or illegal, or (3) the content might violate the rights of, harm, or threaten the safety of any other User or (4) we cancel or suspend the use of The Company’s Website.
Disclaimer and Limitation of Liability
- The Company makes no warranty that The Company’s Website will meet your requirement or that The Company’s Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through The Company’s Website are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to The Company’s Website for the reconstruction of any lost data. All use of The Company’s Website is at your own risk and you are solely responsible for all damages resulting there from.
- The Company’s Website is provided on an “as is,” where is” and “as available” basis, without warranties of any kind, express or implied, including, but not limited to warranties of title, quiet enjoyment, non-infringement or implied warranties of merchantability or fitness for a particular purpose.
- To the maximum extent permitted by applicable law, The Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to The Company’s Website and transactions performed through the service or on the Internet generally. The Company makes no representations or warranties as to the quality of the call or any connection to or any transmission over the Internet.
- To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall The Company be liable for any direct, indirect, incidental, special or consequential, punitive or exemplary damages, damages for loss of profits (even if The Company has been advised of the possibility of such damages or even if such damage is foreseeable), suffered, incurred and/or sustained by You that result from the use of, access to or the inability to use The Company’s Website, any changes to The Company’s Website and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through The Company’s Website or arising in connection with the fraudulent or unlawful acts of any third party, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability) or otherwise even if you have been advised of the possibility of such damages.
- You specifically agree that The Company is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.
- If you are dissatisfied with The Company’s Website, the materials available on or through The Company’s Website or with the provisions of this Term, you agree that your sole and exclusive remedy is to discontinue using The Company’s Website or any of The Company’s other products and services.
- The Company will take reasonable measures to maintain the privacy and security of all private information provided by you to The Company’s Website, but third parties (such as hackers) may breach or attempt to breach The Company’s security measures or may gain unauthorized access to The Company’s database or other equipment containing your information. You agree that The Company shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of The Company’s Website or any other company equipment or user information.
- The Company shall have the right, but not the obligation, to monitor the Content of The Company’s Website, all interactive communication including but not limited to chat rooms and forums, to determine compliance with this Terms established by The Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on The Company’s Website. Without limiting the foregoing, The Company shall have the right to remove any material that The Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Disclosure and Confidentiality
- The Company reserves the right to disclose any personal information about you or your use of The Company’s Service and without your prior permission if The Company in good faith, believes that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of The Company or its holding or affiliated company; (3) enforce this Terms; or (4) act to protect the interests of its members or others.
- Any non-personal information or material sent to The Company by you will generally not be treated as confidential.
- This Terms are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute regarding this Terms will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction.
- This Terms contain the entire understanding between the parties hereto with respect to The Company’s Website, and supersedes all previous oral or written agreements or understandings between you and The Company, and no advice or information, whether oral or written, obtained by you from The Company’s Website (whether before or after the date you accept this Terms) shall create any obligation or warranty on the part of The Company not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by The Company, third-party content or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Terms.
- This Terms is subject to existing laws and legal process, and nothing contained in this Terms is in derogation of The Company’s right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of The Company’s Website or information provided to or gathered by The Company with respect to such use.
- If any provision of this Terms is held invalid, the remainder of this Terms will continue in full force and effect, and If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This Terms shall not be construed against any party as the principal draftsperson hereof.
- The Company’s failure to insist upon or enforce strict performance of any provision of this Terms shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by The Company in writing.
- Notices to you shall not be modified, except by an express modification by The Company as described herein and may be made via either email or regular mail or by displaying notices or links to notices to you generally on The Company’s Service.
- The Company reserves the right to amend any of the provisions of this Terms from time to time. Amendments will be effective immediately upon notification on The Company’s Website. Your continued use of The Company’s Website and participation thereof will represent an agreement by you to be bound by this Terms as amended.
- The Company may assign its rights and duties under this Terms to any party at any time without notice to you and this Terms shall be binding upon and inure to the benefit of each party’s respective permitted successors and assignees.