- WE ARE PROVIDING THE SERVICES TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND OUR LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES IS VERY LIMITED. IT IS THEREFORE IMPORTANT THAT YOU READ THE ENTIRE AGREEMENTS CAREFULLY BEFORE USING ANY OF OUR SERVICES. . BY ACTUALLY ACCESSING AND/OR USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT WE WILL TREAT THAT YOU ARE AGREEING TO BE BOUND BY THESE AGREEMENTS IN ITS ENTIRETY FROM THAT POINT ONWARDS.
- MODIFICATIONS, ADDITIONS AND/OR DELETIONS OF THE AGREEMENTS
- We may, in our discretion, make changes to the Agreements from time to time. You should look at the terms and conditions of the Agreements regularly. When such changes are made, it will be effective immediately upon posting. You understand and agree that if you use the Services and/or continue to use the Services after the date on which the terms of the Agreements have changed, we will treat your use as acceptance of the amended Agreements.
following expressions shall have the meaning set forth below:
“Astro Group” means ASTRO Malaysia Holdings Sdn Bhd (“AMH”) and any person or entity controlled by, or under common control with AMH. "Control" means ownership of shares carrying fifty percent (50%) or more of the votes exercisable at a general meeting (or its equivalent) of a company. “Content” means the content managed and/or provided by us and/or its content provider which includes without limitation all forms of text, graphics video, audio , files, data, images, photographs, pictures, logos, video clips, video streaming, news, live feeds and information on demand content and User Generated Content made available on or through our Services. “Device” means any computer electronic device, including but not limited to, personal computers, mobile phones, smart phones, tablets, portable media players, mobile gaming consoles, smart TV, etc.) “Platform” means Website, Software Application and such other platform as may be made available by us, from time to time. “Preview Content” means Content and selected User Generated Content that has been edited by us and Posted through the Services for the viewing and browsing benefits of User. “Post/Posted” means to publish, display, submit and/or upload. “Services” means the Software Application, Website, its feature and services such as games, podcast, online tools, premium content subscriptions, exclusive membership, instant messaging, webcasting, Streaming, embeddable videos, contests, purchases, and other services created by us from time to time and made available from any Platform. Software Application means a software application owned, managed and/or operated by the Company and/or Astro Group and is designed to run on the Device and made available for free or for a fee on the application distribution platform such as Apple App Store, Google Play, Windows Phone Store, BlackBerry App World and/or through any other different distribution platform, whether known now or in the future. “Streaming” means a contemporaneous digital transmission of an audio-visual work via the internet from the Service to a User’s Device in such a manner that the data is intended for real-time viewing or listening and not intended to be copied, stored, permanently downloaded, or redistributed by the User.. “User/you/yours” means individual who is accessing and/or using any one or more of our Services, which may include (though not limited to), readers, contestants, and participants. “User Generated Content” means any uploaded material, data shared, or contribution made which includes without limitation all forms of text, links, photographs, graphics, video, audio, files, images, pictures, logos, video clips, video streaming, news, live feed or other data or information Posted by any User (including you) on any one or more of our Platform. “Website” means any internet site on the World Wide Web owned, managed and/or operated by us and/or Astro Group.
- OUR SERVICES IN GENERAL
- We do not represent that our Services may be available in all regions and countries around the world. In fact, we reserve the right, in our sole discretion, to limit or terminate your ability to access and use our Services from certain regions or countries. In addition to that, you assume all obligations and risks associated with the accessibility and use of our Services from any given region or country in the world.
- We reserve the right to limit and/or prohibit your use and/or access to any of our Services at our sole discretion and shall not be liable for any such limitation or prohibition.
- We may also change or discontinue any aspect of the Services provided at any time either permanently or temporarily, without any prior notice to you and without any liability, including, but not limited to, the content, contest, purchases, subscription, and/or equipment needed for access or use of the Services. At which point, your licence to use the Services or any part thereof will be automatically terminated or suspended.
- You further acknowledge and understand that the Content and/or information provided in any part of our Services may contain technical inaccuracies or typographical errors and as such, we may change or update such Information without any notice and without liability, to you.
- Our Services, its Content and materials provided through it are the property of ours, or are included with the permission of the owner of the rights, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of our Services.
- PERSONAL DATA AND PRIVACY
- Any personal information that we collect may also be subject to the policy of any social network that you may agree to link all or part of our Services to. If you use our Services and you agree to allow them to interact with a social network you consent for us to use your email address and other personal information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our Services more enjoyable for you and others that use our Services on the social network. If you do not agree to these practices you should not allow our Services to interact with your social network.
- PARENTAL ADVISORY
- AS SOME OUR SERVICES MAY INCLUDE CONTENT THAT CONTAINS EXPLICIT MATERIAL, INCLUDING THE USE OF EXPLICIT OR INAPPROPRIATE LANGUAGE AND/OR SEXUAL REFERENCES, SOME SERVICES ARE NOT SUITABLE FOR USERS UNDER THE AGE OF 18. IF YOU ARE UNDER 18 YEARS OLD, PLEASE OBTAIN YOUR PARENT/GUARDIAN’S PERMISSION BEFORE USING AND/OR ACCESSING OUR SERVICES. PLEASE DO NOT PROVIDE US WITH ANY PERSONAL DATA UNLESS YOU HAVE OBTAINED PERMISSION FROM YOUR PARENT/GUARDIAN. PARENTAL DISCRETION IS ADVISED FOR ALL USERS BELOW 18 YEARS OLD. FOR USERS BELOW 18 YEARS OLD, WE STRONGLY ENCOURAGE PARENTS/GUARDIANS TO MONITOR THEIR CHILDREN’S INTERNET USAGE AND TO HELP ENFORCE OUR POLICY BY INSTRUCTING THEIR CHILDREN NEVER TO PROVIDE PERSONAL DATA THROUGH THE SERVICE WITHOUT YOUR PRIOR PERMISSION. IF YOU HAVE REASON TO BELIEVE THAT A CHILD UNDER THE AGE OF 18 HAS PROVIDED PERSONAL DATA TO US THROUGH OUR SERVICES, PLEASE CONTACT US AND WE WILL ENDEAVOUR TO DELETE SUCH INFORMARTION FROM OUR DATABASE. OTHERWISE ALL PERSONAL DATA PROVIDED BY A USER SHALL BE DEEMED TO HAVE BEEN SUBMITTED BY A USER ABOVE 18 OR HAS OBTAINED THE RELEVANT PERMISSION FROM THEIR PARENT/GUARDIAN.
- CORPORATE ENTITY
- Our Services are meant for personal, non-commercial use only. Organisations, companies and/or businesses shall not use our Services or any part thereof for any commercial use, whether or not for the purposes of gaining any form of profits from its clients or users, without our prior written consent.
- THIRD PARTY SERVICES AND ADVERTISEMENTS
- Any dealings with third parties (including advertisers) over the Third Party Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that we 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 website or resource. The purchase of any product or service from a merchant from any one or more of the Third Party Services is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. We have no responsibility or liability for any merchant or your relationship with such merchant.
- YOUR INFORMATION
- Generally, you can access and/or use any of our Services without disclosing your personal data. However, in order to access certain Services, such as, contests, giveaways, etc., you may require you to provide us with your information. In such circumstances, you represent and warrant that all information furnished by you to us are true, current, complete and accurate in every material aspects and are not false, misleading, deceptive, defamatory and/or unlawful and we may but have no obligation, whether express or implied, to verify the accuracy and authenticity of any information provided by you. Please take note that we have to right to suspend, revoke, and/or forthwith terminate (a) your access, participation and/or use of any or all of our Services if the information provided by you is untrue, inaccurate, not current or incomplete or we suspect that such information provided by you is untrue, inaccurate, not current or incomplete.
- USE OF CONTENT
- Except for all User Generated Content, all Content, including without limitation, the text, software, scripts, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (“Marks”), made available on or through our Services are owned by us or licensed to us, subject to copyright and other intellectual property rights under the law. We may change any part of or all of our Content or features at any time, in any way, for any or no reason.
- The Content is provided to you on an “AS IS” basis for your information and personal use only. Except as we specifically agree in writing, the Content shall not be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Services provided hereunder, except that where such Services is configured to enable the download of particular Content, you may download one copy of such Content to a single Device for your personal, non-commercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, Services or brands. Any business use, “re-mailing” or high-volume or automated use of our Services is prohibited.
- You may access certain Content including the Preview Content only in a manner and subject to conditions as stated under these Terms. You further agree not to engage in the use, copying, or distribution of any or all of the Content other than expressly permitted herein, including any use, copying, or distribution of any part of the Content for any commercial purpose whatsoever.
- You agree that when accessing and/or using our Services, you may be exposed to User Generated Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, protection or integrity of or intellectual property rights relating to such User Generated Content. You further understand and acknowledge that you may be exposed to User Generated Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Us with respect thereto, and agree to indemnify and hold the Company, Astro Group, its operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use and/or access of our Services.
- You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have provided prior consent in writing.
- In particular, and without limiting the application of paragraph 11.6, you must not make available through any medium or format, any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Currency and/or Virtual Goods, whether on a free of charge basis or otherwise.
By submitting your User Generated Content via our Services you:
- are representing that you are fully entitled to do so;
- grant us and Astro Group the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
- acknowledge that you may have what are known as "moral rights" in the User Generated Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in your User Generated Content; and
- agree that we have no obligation to monitor or protect your rights in any User Generated Content that you may submit to us, but you do give us the right to enforce your rights in that User Generated Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
- You must not copy, distribute, make available to the public or create any derivative work from any User Generated Content belonging to any other User(s) of our Services.
- YOUR CONDUCT – USE OF OUR SERVICES
- You agree to (a) notify us immediately of any unauthorised use of our Services and/or (b) unauthorised use of your personal data. We cannot and shall not be liable for any loss or damage arising from your failure to comply with this provision.
- 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 Services. 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 our Services in any manner that could damage, disable, overburden, or impair any one or more of our Platform or the network(s) connected to such Platform which is used to provide the Services or interfere with any User's use and enjoyment of our Services. You shall not attempt to gain unauthorized access to any of our Services, Platform and/or our User’s personal data, computer systems or networks connected to the Platform, 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 Services.
- Where charges are applicable, you agree to be responsible for payment of all applicable charges incurred as a result of your use of the Services, including but not limited to the use or misuse by an unauthorised third party, or any error, accidental use or loss.
- You agree not to distribute in any medium any part of our Services, including but not limited to our Content, Preview Content and/or User Generated Content without our prior written authorization.
- You agree not to alter or modify any part of our Services, including but not limited to the embedded player or any of its related technologies.
- You agree not to access our Content and/or User Generated Content through any technology or means other than the embeddable player or other explicitly authorized means we may designate.
- You undertake not to use our Services or any part thereof for any commercial use without our prior written authorization.
- USER GENERATED CONTENT AND YOUR CONDUCT
- You understand and agree that we may retain and store, but not display, distribute, or perform, server copies of User Generated Content that have been removed or deleted. The above license granted to us, by you in User Generated Content, is irrevocable.
Further to the foregoing paragraph, by submitting your User Generated Content in any of
our Platform , you warrant that:-
- your User Generated Content is not defamatory;
- your User Generated Content does not infringe any law;
- you shall be solely responsible for your own User Generated Content and the consequences of Posting or publishing them;
- you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post material and to grant us all of the license rights granted herein;
- you shall indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the above warranty; and
- waive any moral rights in your User Generated Content for the purposes of its submission to and publication in any of our Platform and the purposes specified above.
- You understand that whether or not such User Generated Content is Posted, we do not guarantee any confidentiality with respect to any User Generated Content.
Below is a partial list of the kind of User Generated Content that is illegal or
prohibited on our Platform. Posting of any of this User Generated Content by you may, in
our sole discretion, result in the revocation, suspension and/or termination of your use
and/or access of our Services. In addition, we reserve the right to investigate and take
appropriate legal action, in our sole discretion, against anyone who violates this
provision, including without limitation, removing the offending communication from any
of the Platform and reporting such violators to the appropriate legal authorities.
Prohibited User Generated Content includes, but is not limited to, User Generated
Content which, in our sole judgment:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;
- includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libellous;
- constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images, or video, or links to pirated music, image, or video files, or (4) Content which otherwise violates the terms of clause 13;
- displays pornographic or sexually explicit material of any kind;
- includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;
- constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, or advertising; or
- solicit people you don't know to add you or accept you as a friend on the Service.
- solicit and engages in political discussions
Further restrictions on your use and/or access of our Services
- You must use and/or access our Services in a manner consistent with any and all applicable laws and regulations.
- Copyright Protection Policy. If you believe that your work has been copied and Posted in any of our Platform through the use of our Services, without your permission or in any other way that constitutes copyright infringement or if you have any form of complaint or grievances in relation to the User Generated Content Posted, please contact us at the addresses provided in our Websites.
- You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
- You warrant that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times, unless otherwise notified by you.
- Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, shared, transmitted or otherwise made available via our Services by you or another user on our Platform, social network or other platform that you may allow our Services to interact with. You understand and agree that all such content that you may send or receive when using our Services, whether publicly posted or privately sent, is the sole responsibility of sender of the content. This means that you, not us, are entirely responsible for all content that you may upload, communicate, transmit or otherwise make available via our Services on our Platform, social network or other platform that you may allow our Services to interact with.
You agree not to upload, communicate, Post, transmit or otherwise make available any
- that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable;
- that is or could reasonably be viewed as invasive of another's privacy;
- that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
- which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
- which infringes any intellectual property right or other proprietary right of others;
- which consists of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
- which 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.
You agree that you will not:
- use our Services to harm anyone or to cause offence to or harass any person;
- create more than one account per platform to use our Services;
- use another person or entity's email address in order to sign up to use our Services;
- use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
- disguise, anonymise or hide your IP address or the source of any content that you may upload;
- use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
- remove or amend any proprietary notices or other ownership information from our Services;
- interfere with or disrupt any part of our Services or servers or networks that provide our Services;
- attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
- 'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
- disrupt the normal flow of a game, being part of our Services, or otherwise act in a manner that is likely to negatively affect other User's ability to compete fairly when playing the game or engaging in real time exchanges or other part of our Services;
- disobey any requirements or regulations of networks connected to our Services;
- use our Services in violation of any applicable law or regulation;
- use our Services in violation of any applicable law or regulation;
- use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play the game), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
- use our Services in any other way not permitted by these terms.
- We do not control content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that User Generated Content. You understand that when using our Services, you may be exposed to User Generated Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
- We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.
- You are solely responsible for your interactions with other Users of our Services.
- You are responsible for the content and data that you store or Post on the Service. We may permanently delete your content and data from our servers without notice to you and we do not have the obligation to return such content and data to you after the deletion. If content and data are stored with an expiration date, we may also delete the content and data as of that date. Deleted content and data may be irretrievable.
- COMPLIANCE WITH THE MALAYSIAN COMMUNICATIONS & MULTIMEDIA CONTENT CODE (“Code”)
- In addition to the above, you are also obliged to comply with the requirements of Malaysian Law including but not limited to the Code, The Communications and Media Act and the Common Gaming House Act (where relevant), and will NOT provide any prohibited content or any content in contravention of Malaysian Law. We reserve the rights to remove such prohibited User Generated Content, or any content that contravenes Malaysian Law with or without notice to you. For more information on the Code and the Content Forum, please visit www.cmcf.my.
- SOFTWARE APPLICATION
- We give you a personal, limited, non-exclusive licence to install and use the Software Application for your non-commercial use on certain compatible Device. Any commercial use is prohibited.
- You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Software Application or rights to use the Software Application. These Agreements shall commence on the date that you install or otherwise use the Software Application. For clarity, Our Software Application is licensed, not sold, to you, and we retain ownership of all copies of the Software Application even after installation on your Device.
- Your rights to use the Software Application is limited to the licence grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Software Application or any component of it, except as expressly authorised by us. You are prohibited from making a copy of the Software Application available on a network where it could be used or downloaded by multiple users.
- You shall not decompile, disassemble, and attempt to extract the source code or reverse engineer the Software Application, or any component thereof, by any means whatsoever.
- Our Software Application may not be available to all Devices. You assume all responsibility to find out information regarding the end-user equipment and software necessary to use and/or access our Services and you shall assume all risks associated therewith.
- DISCLAIMER AND LIMITATION OF LIABILITY
- We make no warranty that our Services will meet your requirement or that our Services will be secure, timely, uninterrupted or error free, or that any data, content, information, or other material accessible on or through any of our Platform 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 Platform for the reconstruction of any lost data. All use and/or access of our Services are at your own risk and you are solely responsible for all damages resulting therefrom.
- WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE AND/OR ACCESS OF OUR SERVICES, ANY USER GENERATED CONTENT (POSTED IN ANY OF OUR PLATFORM ) OR TRANSMITTED TO YOU OR OTHER USER, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF OUR SERVICES, WHETHER ONLINE OR OFFLINE.
- We assume 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, user or User communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or in any of our Platform or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any User, or any other person related to or resulting from use and/or access of our Services or otherwise in any way in connection with the Services. The Services are provided on an "AS-IS" basis and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of our Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Services shall create any warranty not expressly stated herein.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSSES AND/OR DAMAGES WHATSOEVER SUFFERED INCURRED AND/OR SUSTAINED BY YOU THAT RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE OUR SERVICES, ANY CHANGES TO THE OUR SERVICES OR UNAUTHORISED ACCEESS TO OR ALTERNATION OF YOUR TRANSMISSION OR DATA, OR COMMUNICATION, TRANSMISSION, MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY OF OUR PLATFORM 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 we are 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 OUR SERVICES, ITS CONTENT, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICES OR WITH THE PROVISION OF THESE AGREEMENTS, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND/OR USE THE SERVICES AND WHERE SOFTWARE APPLICATION HAS BEEN INSTALLED, TO UNINSTALL IT.
- We will take reasonable measures to maintain the privacy and security of all personal data provided by you in any of our Platform, but third parties (such as hackers) may breach or attempt to breach our security measures or may gain unauthorized access to our database or other equipment containing your personal data. YOU AGREE THAT WE SHALL NOT IN ANY WAY BE LIABLE FOR ANY LOSS AND DAMAGES OF ANY SORT, WHETHER ARISING UNDER CONTRACT, TORT OR OTEHRWISE WITH RESPECT TO ANY BREACH OF SECURITY OF OUR PLATFORM OR ANY OF OUR EQUIPMENT OR USER INFORMATION.
- Our Services provided from different Platform is controlled and offered by us from our facilities in Malaysia. We make no representation that the Services are appropriate or available for use in other regions and countries. Those who access or use our Services from other jurisdictions do so at their own violation and are responsible for compliance with local law.
- The provisions of these clauses are for the benefit of the Company and its officers, directors, employees, agents, shareholders, licensors and suppliers to our Services. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
- DISCLOSURE AND CONFIDENTIALITY
- Any non-personal information or material sent to us by you will generally NOT be treated as confidential.
- PROPRIETARY RIGHTS COPYRIGHT
- Elements of the Website, Software Application and any other Platform, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
- 19.3 No logo, graphic, sound or image found in our Services through the different Platform may be copied or retransmitted unless we expressly allows it in writing.
- TRADEMARKS AND THIRD PARTY MARKS
- TERMINATION PROCESS AND RESTRICTIONS
- Without limiting anything herein contained, we reserve the right to cancel, withdraw, suspend or terminate your use and/or access to our Services for any reason whatsoever at is sole discretion without notice to you and without liability.
cancel, withdraw suspend or terminate your use of and/or access to our Services through
any of the Platform, without notice, without liability if:-
- we suspect fraudulent use;
- you materially violate these Agreements, any applicable law, rule or regulation relating to the use of and/or access to our Services through any one or more of our Platform;
- any law, regulation or governmental action renders all or any portion of the Services or Platform unlawful or impracticable; or
- Your use of and/or access to our Services impairs or threatens to impair the integrity or functionality of our network in any manner; or
- YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CANCELLATION, WITHDRAWAL, SUSPENSION OR TERMINATION OF YOUR USE OF AND/OR ACCESS TO OUR SERVICES THOUGH ANY ONE OR MORE OF THE PLATFORM AND YOU HEREBY RELEASE US FROM ANY LIABILITY WHATSOVER.
- GENERAL PROVISIONS
- You may not assert any claim against the Company and/or Astro Group in connection with the use of and/or access to our Services through any of the Platform unless you have given us written notice of the claim within fourteen (14) days after you know or should have known of the facts giving rise to such claim. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- PAYMENTS AND PURCHASES OF VIRTUAL GOODS
- We may license to you certain virtual goods to be used within Astro Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” or without any separate fee, as applicable from time to time.
- Any and all virtual goods are licensed to you on a limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for your personal and non-commercial use.
- Any payment for licences for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE.
- We may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. We shall have no liability to you or any third party in the event that we exercise any such rights.
- SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON WHATSOEVER, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENCE UNDER THESE GENERAL TERMS AND CONDITIONS IS VOLUNTARY OR INVOLUNTARY.
- Without limiting paragraph 24.5, if we suspend or terminate your account in accordance with paragraph 25 of these terms you will lose any Virtual Money and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
- You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to "log in details" or "account" include your log in details and account for any social network or platform that you may allow our Services to interact with.
- If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
- We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and playing our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
- We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such an event, you will no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
- You understand that if you delete your account, or if we delete your account in accordance with the General Terms and Conditions of Use, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Services and any Virtual Money or Virtual Goods associated with your account), and we shall not be liable to you for any loss associate with your account.
- YOUR BREACH OF THESE TERMS
- We reserve the right to suspend or terminate your access to our Services (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Without limitation, any breaches of paragraphs 13.16 or 13.17 are likely to be considered material breaches.
- You agree to compensate us, according to applicable laws, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
- PLAYING OUR GAMES AGAINST OPPONENTS
- Some of our Services allow you to play game against an opponent. You may be able to (i) choose to play against an opponent whom we select for you, or (ii) play against one of your contacts on a platform or social network which you have allowed our Services to interact with. Some of our Services may also allow you to search for your friends (for example, by email address or by phone number in which case, standard telecommunication charges will apply) in order to find them to play against. We may also display the display names of your past opponents so that you can easily find them to play again.
- Where we select an opponent for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores or level you have reached in the Game).
- By using our Services and/or playing those of our games which allow you to play against an opponent, you agree to grant us permission to track, store, publicly display and reproduce: (i) your gamer profile, (ii) your game scores, (iii) your game play session, (iv) your presence on the games, (v) the time you spend on or within particular portion of the games, (vi) rankings, statistics, and content that you may have Posted and (vii) other related usage details. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publicly, and not your email address or display picture; another user must know your email address, display name, phone number themselves in order to search for you.