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Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Dating.com.my. Dating.com.my
provides services in dating, friends finding, match making and organises events
such as contests (the "Services") subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time
without notice to you.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree that:
(a) You are 16 years old and above.
(b)
provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information being the
"Registration Data") and
(c) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Dating.com.my has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, Dating.com.my has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
thereof).
(d) You will be liable to pay all
charges incurred for using some Services, inclusive of, but not limited to, Gift
Center and/or Dating Events
(e) You will receive newsletter or email contains advertising, promotional
materials, announcement and other contents authorized and issued by
Dating.com.my
3. PRIVACY POLICY
Use
of the Website and/or the Service is also governed by our Privacy Policy.
4. MEMBER CONDUCT
You understand that all information, data, text, music, sound, photographs,
graphics, profile, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not
Dating.com.my, are entirely responsible for all Content that you upload, post,
transmit or otherwise make available via the Service. Dating.com.my does not
control the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Dating.com.my be liable in any way
for any Content, including, but not limited to, for any errors or omissions in
any Content, or for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed, transmitted or otherwise made available via
the Service.
You agree to not use the Service to:
- upload, post, transmit or
otherwise make available any Content that is illegal, unlawful, damaging,
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;
- upload, post, transmit or otherwise make available any
Content that is anatomical or sexual references, or sexually suggestive or
connotative language, and any photos containing nudity or personal
information.
- impersonate any person or
entity, including, but not limited to, a Dating.com.my official, forum
leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
- forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service;
- upload, post, transmit or
otherwise make available any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements);
- upload, post, transmit or
otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
- upload, post, transmit or
otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation, except in those areas that are designated for such purpose.
- upload, post, transmit or
otherwise make available any material that contains software viruses or any
other computer code, files, data or programs designed to interrupt, destroy,
damage or limit the functionality of any computer software or hardware or
telecommunications equipment;
- upload, post, transmit or
otherwise make available any material that contains restricted or password
only access pages, or hidden pages or images;
- upload, post, transmit or
otherwise make available any material that provides and
promote instructional information about illegal activities such as making or
buying illegal weapons, violating someone’s privacy, encouraging physical harm or injury
against any group or individual, or promote any act of cruelty to animals
- disrupt the normal flow of
dialogue, cause a screen to "scroll" faster than other users of
the Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the
Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to
the Service;
- intentionally or
unintentionally violate any applicable local, state, national or
international law.
- "stalk" or otherwise
harass another; or
- collect or store personal data
about other users.
You acknowledge that Dating.com.my may not pre-screen Content, but that
Dating.com.my and its designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, Dating.com.my and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by Dating.com.my or submitted to
Dating.com.my, including without limitation information in Dating.com.my Forum,
and in all other parts of the Service.
You acknowledge, consent and agree that Dating.com.my may access, preserve,
and disclose your account information and Content if required to do so by law or
in a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third-parties; (d) respond to
your requests for customer service; or (e) protect the rights, property, or
personal safety of Dating.com.my, its users and the public.
5. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Dating.com.my does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content you
submit or make available for inclusion on publicly accessible areas of the
Service, you grant Dating.com.my the world-wide,
royalty free, and non-exclusive license
to reproduce, modify, adapt and publish the Content solely for the purpose of
displaying, distributing and promoting the specific Dating.com.my to
which such Content was submitted or made available.
This license exists only for as long as you continue to be a Dating.com.my
Member and shall be terminated at the time your Dating.com.my Membership is
terminated.
6. INDEMNITY
You agree to indemnify and hold Dating.com.my, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post, transmit or
make available through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
7. GENERAL PRACTICES REGARDING USE
You acknowledge that Dating.com.my may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of book-mark or black-list feature, forum postings or other uploaded Content
will be retained by the Service, the maximum number of messages that may be sent
from or received by an account on the Service, the maximum size of any message
that may be sent from or received by an account on the Service, and the maximum
number of times (and the maximum duration for which) you may access the Service
in a given period of time. You agree that Dating.com.my has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service. You
acknowledge that Dating.com.my reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
Dating.com.my reserves the right to modify these general practices and limits
from time to time.
8. MODIFICATIONS TO SERVICE
Dating.com.my reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Dating.com.my shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the
Service.
9. TERMINATION
You agree that Dating.com.my may, under certain circumstances and without
prior notice, immediately terminate your Dating.com.my account, and access
to the Service. Cause for such termination shall include, but not be limited to,
(a) breaches or violations of the TOS or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) discontinuance or
material modification to the Service (or any part thereof), (e) unexpected
technical or security issues or problems, and (f) extended periods of
inactivity. Termination of your Dating.com.my account includes (a) removal of
access to all offerings within the Service, including but not limited to
Dating.com.my Gift Center, Dating Events, Messaging, Chat, and Forum (b)
deletion of your password and all related information, files and content
associated with or inside your account (or any part thereof), and (c) barring
further use of the Service. Further, you agree that all terminations for cause
shall be made in Dating.com.my sole discretion and that Dating.com.my shall not
be liable to you or any third-party for any termination of your account, or
access to the Service.
10. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Dating.com.my shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
11. LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because Dating.com.my has no
control over such sites and resources, you acknowledge and agree that
Dating.com.my is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that Dating.com.my shall
not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such Content, goods or services available on or through any such site or
resource.
12. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by
Dating.com.my or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in
whole or in part.
Dating.com.my grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by Dating.com.my for use
in accessing the Service.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. DATING.COM.MY EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
- DATING.COM.MY MAKES NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DATING.COM.MY OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
14.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DATING.COM.MY SHALL NOT BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
15. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
Dating.com.my respects the intellectual property of others, and we ask our
users to do the same. Dating.com.my may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please write to Contact Us.
16.
DISPUTES
If
there is any dispute about or involving the Website and/or the Service, by using
the Website, you agree that the dispute will be governed by the laws of the
Malaysia without regard to its conflict of law provisions.
17. VIOLATIONS
Please report any violations of the TOS to Dating.com.my Team.
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