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Term Of Used
The following Terms of Use shall regulate any
and the entire website http://www.myproperty.com.my/ and any and the entire web pages
within http://www.myproperty.com.my/ (collectively to be known as “the
MyProperty Website”).
The term “user” shall apply to any access to the
MyProperty Website, including Internet Users and clients of
MyProperty.
ACCEPTANCE
By
visiting the MyProperty Website, you are agreeing, without limitation or
qualification, to be bound by, and to comply with, these Terms of Use and other
posted guidelines or rules applicable to any individual web page within the
MyProperty Website. All such guidelines and rules are hereby incorporated by
reference into the Terms of Use. This agreement constitutes a binding contract
between you and Myproperty Networks Services (hereinafter known as
"MyProperty").
CONDITIONS & RESTRICTIONS
ON USE
The use of the MyProperty Website is subject to
compliance with these Terms of Use. You acknowledge and agree that MyProperty
may terminate your access to the MyProperty Website should you fail to comply
with the Terms of Use or any other guidelines and rules published by MyProperty.
Any such termination shall be at MyProperty’s discretion and may occur
without prior notice or any notice. MyProperty further reserves the right to
terminate any user’s access to the MyProperty Website for any conduct that
MyProperty, at its sole discretion, believes is or may be directly or indirectly
harmful to other users, to MyProperty and its partners, affiliates or to other
third parties, or for any conduct that violates any local, state, federal or
foreign laws or regulations. MyProperty further reserves the right to terminate
any user’s access to the MyProperty Website for any reason or for no reason at
all, at MyProperty ’s sole discretion, without prior notice, or any
notice.
REGISTRATION &
PRIVACY
Certain access and/or use of individual web pages
within the MyProperty Website may require the user to register and provide
certain data. In registering and providing such data, you represent and warrant
that:
- the information about yourself is true, accurate, current and complete as
required by various MyProperty Website registration forms (“Registration Data”);
and
- you will 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 if MyProperty has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, MyProperty has the right to suspend or terminate your account
and refuse any and all current or future use of the relevant web pages.
STORAGE
Many features of the
MyProperty Website store information on behalf of users. Examples include, but
are not limited to, e-mail messages, chat, web pages, message boards, and
postings of property listings. MyProperty reserves the right, at its sole
discretion, to limit the amount of storage space available per user or to delete
materials stored for an excessive period while the user’s account has been
inactive.
DISCLAIMER OF
WARRANTIES
The MyProperty Website and products and
services are provided "as is," with no warranties whatsoever. MyProperty
disclaims any warranties for the security, reliability, timeliness, and
performance of the MyProperty Website and products and services. MyProperty also
disclaims any warranties for other services or goods received through or
advertised on the MyProperty Website or received through any links provided in
the MyProperty Website, as well as for any information or advice received
through the MyProperty Website or through any links provided in the products and
services.
You expressly understand and agree that MyProperty disclaims
any and all responsibility or liability for the accuracy, content, completeness,
legality, reliability, or operability or availability of information or material
in the MyProperty Website. MyProperty disclaims any responsibility for the
deletion, failure to store, misdelivery, or untimely delivery of any information
or material. MyProperty also disclaims any responsibility or liability for any
harm resulting from downloading or accessing any information or material through
the MyProperty Website, including, without limitation, harm caused by viruses or
similar contamination or destructive features. MyProperty makes no warranty
regarding the reliability or accessibility of any web pages or any storage
facilities offered by the MyProperty Website.
You understand and agree
that any material downloaded or otherwise obtained through the use of the
MyProperty Website is done at your own discretion and risk and that you will be
solely responsible for any damages to your computer system or loss of data that
results in the download of such material.
LIMITATION OF LIABILITY
You expressly
understand and agree that under no circumstances shall MyProperty be liable to
any user on account of that user's use or misuse of and reliance on the
MyProperty Website. Such limitation of liability shall apply to prevent recovery
of direct, indirect, incidental, consequential, special, exemplary, and punitive
damages (even if MyProperty has been advised of the possibility of such
damages). Such limitation of liability shall apply whether the damages arise
from use or misuse of and reliance on the MyProperty Website, from inability to
use the MyProperty Website, or from the interruption, suspension, or termination
of the MyProperty Website (including such damages incurred by third
parties).
Such limitation shall also apply with respect to damages
incurred by reason of other services or goods received through or advertised on
the MyProperty Website or received through any links provided in the MyProperty
Website, as well as by reason of any information or advice received through or
advertised on the MyProperty Website or received through any links provided in
the MyProperty Website. Such limitation shall apply, without limitation, to the
costs of procurement of substitute goods or services, lost profits, or lost
data. Such limitation shall similarly apply with respect to the performance or
non-performance of the MyProperty Website or any information or merchandise that
appears on or is linked or related in any way to the MyProperty Website. Such
limitation shall apply notwithstanding any failure of essential purpose of any
limited remedy.
Such limitation of liability shall also apply to any
damage caused by loss of access to, deletion of, failure to store, failure to
back up, or alteration of member web pages or other content stored through the
MyProperty Website.
Under no circumstances shall MyProperty be held
liable for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable control, including,
without limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures, electrical power
failures, strikes, labour disputes, riots, insurrections, civil disturbances,
shortages of labour or materials, fires, floods, storms, explosions, acts of
God, war, governmental actions, orders of domestic or foreign courts or
tribunals, non-performance of third parties, or loss of or fluctuations in heat,
light, or air conditioning.
DISCLAIMER REGARDING
THIRD PARTY CONTENT
The MyProperty Website offers access to
numerous third party web pages and content available over the Internet. In
overwhelming majority instances, including, but not limited to, sites displayed
as search results or contained within a directory of links, MyProperty has no
control whatsoever over the content of such sites. In other instances,
including, but not limited to, web pages hosted on the MyProperty Website or
provided to the MyProperty Website by third parties, MyProperty may set
guidelines for what may appear on such web pages and may engage in certain
screening, but generally exercises no control over the content of such web pages
and is unable to police all such content. Third party content accessible through
the MyProperty Website from such sources is developed by people whom the
MyProperty Website exercises no control over.
The search results that
appear from the MyProperty search engines are automated and MyProperty cannot
and does not screen the sites before including them in the search results from
which such automated search results are gathered. Similarly, web pages hosted by
the MyProperty Website are posted by third parties, and MyProperty cannot and
does not screen such web pages before they are made accessible to other users of
the MyProperty Website. Accordingly, MyProperty assumes no responsibility for
the content of any site included in any search results or otherwise linked to
the MyProperty Website or in any web page hosted for a third party within the
MyProperty Website.
MYPROPERTY WEBSITE USER CONDUCT
You
acknowledge and agree that all information, code, data, text, software, music,
sound, photographs, pictures, graphics, video, chat, messages, files, 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 MyProperty, are entirely responsible for all Content that you
upload, post, e-mail or otherwise transmit via the Services. MyProperty does not
control the user or third party Content posted via the MyProperty Website and,
as such, does not guarantee the accuracy, integrity or quality of such user or
third party Content. You acknowledge and agree that by using the MyProperty
Website, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will the MyProperty Website be liable in
any way for any user or third party Content, including, but not limited to, for
any errors or omissions in any such Content, or for any loss or damage of any
kind incurred as a result of the use of any such Content posted, e-mailed or
otherwise transmitted via the MyProperty Website. As a general matter,
MyProperty does not pre-screen user or third party Content posted on the
MyProperty Website. MyProperty does not guarantee that any screening will be
done to your satisfaction or that any screening will be done at all. MyProperty
reserves the right to monitor some, all, or no areas of the MyProperty Website
for adherence to these Terms of Use or any other rules or guidelines posted by
MyProperty.
PROHIBITED
CONDUCT
You agree that you will not use the MyProperty
Website to:
- Upload, post, e-mail, otherwise transmit or post links to any Content, or
select any member or user name or email address, that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
pornographic, libellous, invasive of privacy or publicity rights, hateful, or
racially, sexually, ethnically or otherwise objectionable.
- Upload, post, e-mail, otherwise transmit or post links to any Content that
promotes illegal activity, including without limitation the provision of
instructions for illegal activity.
- "Stalk" or otherwise harass another.
- Collect or store personally identifying information about other users for
commercial or unlawful purposes.
- Impersonate any person or entity, including, but not limited to, an
MyProperty official, employee, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity.
- Employ misleading e-mail addresses or falsify information in the header,
footer, return path, or any part of any communication, including emails,
transmitted through the MyProperty Website.
- Upload, post, e-mail, otherwise transmit or post links to any Content that
you do not have a right to transmit under any law or regulation or under
contractual or fiduciary relationships (such as inside information, or
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements).
- Upload, post, e-mail, or otherwise transmit, or post links to any Content
that facilitates hacking.
- Upload, post, e-mail, otherwise transmit or post links to any Content that
infringes any patent, trademark, service mark, trade secret, copyright or other
proprietary rights ("Rights") of any party, or contributing to inducing or
facilitating such infringement. This prohibition shall include, without
limitation, the following forms of software piracy:
- Making available copyrighted software or other Content that has had the
copyright protection removed.
- Making available serial numbers for software that can be used to illegally
validate or register software.
- Making available tools that can be used for no purpose other than for
"cracking" software or other copyrighted Content.
- Making available any software files for which the user does not own the
copyright or have the legal right to make available.
- Upload, post, e-mail, otherwise transmit, or post links to any unsolicited
or unauthorised 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, e-mail, otherwise transmit, or post links to any material that
contains software viruses, worms, trojan horses, time bombs, trap doors or any
other computer code, files or programs or repetitive requests for information
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment or to diminish the quality
of, interfere with the performance of, or impair the functionality of the
MyProperty Website.
- Use automated means, including spiders, robots, crawlers, or the like to
download data from any MyProperty Website database.
- Conduct your own contests and promotions.
- Upload, post, e-mail, otherwise transmit or post links to any Content
regarding any raffle, contest or game requiring a fee by participants.
- Modify, publish, transmit, transfer or sell, reproduce, create derivative
works from, distribute, perform, link, display or in any way exploit any Content
from any MyProperty Website database, including, without limitation, by
incorporating data from any MyProperty Website database into any e-mail, whether
browser-based, based on proprietary client-site applications, web-based, or
otherwise.
- Sell, distribute, or make any commercial use of data obtained from any
MyProperty Website database or make any other use of data from any MyProperty
Website database in a manner which could be expected to offend the person for
whom the data is relevant.
- Create and maintain an MyProperty Website web page as storage for remote
loading, or as a door or signpost to another homepage.
- Create and maintain an MyProperty Website web page that contains hyperlinks
to content not permitted on the MyProperty Website.
NO LICENSE & INTELLECTUAL
PROPERTYM
Except as expressly provided, nothing within any of
the MyProperty Website shall be construed as conferring any license under any of
the MyProperty Website's or any third party's intellectual property rights,
whether by estoppel, implication, waiver, or otherwise. Without limiting the
generality of the foregoing, you acknowledge and agree that certain Content
available through and used to operate the MyProperty Website is protected by
copyright, trademark, patent, or other proprietary rights of MyProperty and its
affiliates, licensors, and service providers. Except as expressly provided to
the contrary, you agree not to modify, alter, or deface any of the trademarks,
service marks, or other intellectual property made available by MyProperty in
connection with the MyProperty Website. You agree not to hold yourself out as in
any way sponsored by, affiliated with, or endorsed by MyProperty, any of
MyProperty's affiliates, or any of MyProperty's service providers. You agree not
to use any of the trademarks or service marks or other Content accessible
through the MyProperty Website for any purpose other than the purpose for which
such Content is made available to users by MyProperty. You agree not to defame
or disparage Myproperty, the trademarks or service marks of MyProperty, or any
aspect of the MyProperty Website. You agree not to adapt, translate, modify,
decompile, disassemble, or reverse engineer the MyProperty Website or any
software or programs used in connection with the MyProperty Website.
INDEMNITY & RELEASE
By using
the MyProperty Website, you agree to indemnify Dowin Sdn Bhd and its parents,
subsidiaries, affiliates, officers, and employees and hold them harmless from
any and all claims and expenses, including attorney's fees, arising from your
use of the MyProperty Website or your submission of ideas and/or related
materials to MyProperty or from any person's use of any account or password you
maintain with any portion of the MyProperty Website, regardless of whether such
use is authorised by you. By using the MyProperty Website or submitting any
ideas and/or related materials to MyProperty, you are hereby agreeing to release
MyProperty and its parents, subsidiaries, affiliates, officers, and employees
from any and all claims, demands, debts, obligations, damages (actual or
consequential), costs, and expenses of any kind or nature whatsoever, whether
known or unknown, suspected or unsuspected, disclosed or undisclosed, that you
may have against them arising out of or in any way related to such disputes
and/or to the MyProperty Website or to any disputes regarding use of ideas
and/or related materials submitted to MyProperty.
LIMITATION OF ACTION
You
acknowledge and agree that, regardless of any statute or law to the contrary,
any claim or cause of action you may have arising out of, or relating to, your
use of the MyProperty Website must be filed within one (1) year after such claim
or cause of action arises, or forever be barred.
CHANGES IN TERMS OF USE AND CHANGES IN THE MyProperty
WEBSITE
MyProperty reserves the right to modify the
MyProperty Website from time to time, for any reason, and without notice,
including the right to terminate the MyProperty Website or parts thereof.
MyProperty reserves the right to modify these Terms of Use from time to time,
without notice. Please review these Terms of Use from time to time so you will
be aware of any such changes.
NON-WAIVER &
SEVERABILITY
MyProperty's failure to exercise any right or
provision of these Terms of Use shall not constitute a waiver of such right or
provision. If a court of competent jurisdiction holds any provision of these
Terms of Use be invalid, the parties nevertheless agree that the court should
endeavour to give effect to the parties' intentions as reflected in the
provision, and agree that the other provisions of these Terms of Use remain in
full force and effect.
NO RESALE, ASSIGNMENT OR
SUBLICENSING
You agree not to resell, assign, sublicense,
otherwise transfer, or delegate your rights or obligations under these Terms of
Use without prior express written authorisation of MyProperty Sdn Bhd.
SUCCESSORS AND
ASSIGNS
Without in any way limiting the prohibition on your
resale, assignment, sublicensing, or other transfer of rights or obligations,
these Terms of Use shall be binding upon the parties hereto and their respective
heirs, successors, and assigns.
TERMINATION &
SURVIVAL
These Terms of Use shall continue in effect for as
long as you use the MyProperty Website, unless specifically terminated earlier
by MyProperty. All provisions of these Terms of Use which impose obligations
continuing in their nature shall survive termination of these Terms of Use.
COMMUNICATION WITH
USERS
MyProperty reserves the right to communicate with you
regarding your use of the MyProperty Website.
SUBMISSION OF IDEAS &
COMMENTS
MyProperty is always improving the MyProperty
Website and developing new features. If you have ideas regarding improvements or
additions to the MyProperty Website, we would like to hear them -- but any
submission will be subject to these Terms of Use. Under no circumstances shall
any disclosure of any idea or related materials to MyProperty be subject to any
obligation of confidentiality or expectation of compensation. By submitting the
idea and/or any related material to MyProperty, you are waiving any and all
rights that you may have in the idea or any related materials and are
representing and warranting to MyProperty that the idea and/or related materials
are wholly original with you, that no one else has any rights in the idea and/or
materials and that MyProperty is free to implement the idea and to use the
materials if it so desires, as provided or as modified by MyProperty, without
obtaining permission or license from any third party.
VIOLATION OF TERMS &
CONDITIONS
Should you violate these Terms of Use or any other
rights of MyProperty and the MyProperty Website, MyProperty reserves the right
to pursue any and all legal and equitable remedies against you, including,
without limitation, terminating any and all user accounts on any and all of the
MyProperty Website.
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