Terms of Use

The Utusan Online network of websites ("Network") is owned and operated by Utusan Melayu (Malaysia) Berhad (Company No. 7170-V) ("Utusan Melayu") and/or its subsidiary(ies) (collectively referred to as ("the Companies"). Your access to the Network is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Network (collectively known as "Terms of Use"). Your use of, and/or access to, the Network constitutes your agreement to the Terms of Use. The Companies reserve the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Network.

General Terms

·        Intellectual property and restrictions on use of Content on the Network

·        Communication Facilities

·        Advertising, links to third party websites and e-commerce offers

·        Disclaimer and limitation of liability

·        Termination

·        Trademarks

·        Miscellaneous

Intellectual property and restrictions on use of Content on the Network

All information, text, material, graphics, software and advertisements on the Network ("Content") are Copyright of the Companies and/or third party companies and suppliers of Content ("Third Party Providers") (unless expressly indicated otherwise on the Network). The Content contained on, distributed through, linked, downloaded or access from any part of the Network is for purposes of information only and is provided as services to Internet Users. You acknowledge that Third Party Providers may have rights in their Content and that they and the Companies may enforce and enjoy protection of these Terms of Use. The Companies can, however, change the Terms of Use without giving notice to the Third Party Providers. The Content is protected by Malaysian and international copyright and trademark laws. Content on the Network is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Network or expressly authorised in writing by the Companies or Third Party Providers. Strictly on the condition that you keep all Content intact and in the same form as presented on the Network (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: (a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or (b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Network in any manner or for any purpose which is unlawful or in any manner which violates any right of the Companies or Third Party Providers or which is prohibited by the Terms of Use. Copying or other use of the Content contained on the Network in any other shape or form (other than as afore-mentioned) is strictly prohibited and will result in severe penalties under the Malaysian Copyright Act 1987 and/or any reenactment thereof and/or international copyright and trademark laws.

Communication Facilities

The Network contains electronic bulletin boards, and other communication facilities which provide for feedback by users to the Companies, real-time interaction between users and other electronic messaging and notice services ("Communication Facilities").

It is a condition of your use of any Communication Facility and your access to the Network that you do not do any of the following:

·        restrict or inhibit any other user from using or enjoying any Forum;

·        post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;

·        post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;

·        post or transmit any material of any kind which contains a virus or other harmful component;

·        post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;

·        delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or

·        download any file posted by any other user of a Forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

The Companies may from time to time monitor or review the contents of its Communication Facilities. While the Companies reserve its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in the Companies・sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, the Companies have no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor are the Companies responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual whose statements on the Network are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications. You also acknowledge that these are the opinions of individual Users and are not necessarily complete or accurate. In addition, they do not represent the beliefs or ideas of the Companies, and the Companies disclaim all responsibility for and all liability resulting from the said opinions.

The Companies reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

Advertising, links to third party websites and e-commerce offers

The Network contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of the Companies, and the Companies are not responsible for the contents of any linked web or any hyperlink contained in a linked website. The Companies provide these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website or their contents by the Companies. You link to any such website entirely at your own risk and we are not responsible nor liable for your reliance on any third party website and the contents contained therein.

The Network also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by the Companies, and the third party advertiser is solely responsible to you for any representations made and the delivery of any goods or services you purchase on the third party website.

Disclaimer and limitation of liability

·        all Content is provided "as is" and without warranties of any kind, either express or implied,

·        the Companies and Third Party Providers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and

·        fitness for a particular purpose or any liability which might otherwise arise from a course of dealing, usage or trade practice which are made with respect to the Content,

·        the Companies do not warrant that the functions contained in any Content or any Communications Facility or your access to the Network will be uninterrupted or error-free, that any defects will be corrected or that the Network or the server which stores and transmits Content to you are free of viruses or any other harmful components,

·        the Companies do not warrant or make any representation regarding your access to, or the results of your access to, the Network (including any related or linked websites) or any Content (including the Content of Utusan Melayu痴 Portal Pendidikan) in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and

·        you (and not the Companies and/or Third Party Providers) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

·        the Companies and/or the Third Party Providers are not responsible for the consequences of any action which you or any other person may take or fail to take, whether or not based on the Content provided or as a result of the use of the Network.

Under no circumstances (including but not limited to any act or omission on the part of the Companies) will the Companies be liable for any direct, indirect, incidental, special and/or consequential, punitive damages or loss of profits or other damages of any kind which result from any use or access of, or any inability to use or access, the Network or any Content even if the Companies have been informed of the damages and/or the possibility of the damages. You expressly acknowledge and agree that the Companies do not exert control over users of the Network and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

The Companies reserve the right, in its sole discretion and without any obligation, to make improvements to or correct any error or omission in any portion of the Network or the Content at any time.

Termination

The Terms of Use are effective until terminated by the Companies, and the Companies may terminate this agreement and your access to the Network at any time without notice. In the event of termination, you are no longer authorised to access the Network, but all restrictions imposed on you, licenses granted by you and all the Companies・disclaimers and limitations of liability set out in the Terms of Use will survive.

Trademarks

Among the trademarks and service marks owned by the Companies are Utusan Online, Portal Pendidikan Utusan, Portal Pendidikan Langkawi, Utusan Express, Utusan@SMS, Almanak Malaysia, Album Online, Carta Popular Utusan Online, Salam Rindu & Sayang and Lawak Online and the respective logos of all the sites. All other trademarks ("Affiliates") displayed on the Network are trademarks of their respective owners. Nothing contained on the Network should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of the Companies, the relevant Affiliates or any third-party owner.

Additional terms governing the use of Portal Pendidikan Utusan

The Content contained in Portal Pendidikan Utusan may additionally be downloaded intact for educational use. However, you are not allowed to use the Content for commercial exploitation.

The Companies exercise due diligence in ensuring that the Content contained in the Network do not infringe third party intellectual property rights. If you discover any Content, which intellectual property rights belong to a third party, and that the same has not been properly acknowledged, you may inform the Companies at online@utusan.com.my which may subsequently take necessary actions, including but not limited to the removal of such Content from the Network.

You acknowledge that the Content contained in Portal Pendidikan Utusan is provided solely as guidance material and for reference purpose only. You may choose to rely on the Content but you do so at your own risk. It is recommended that you do not rely solely on the contents of any subject matter in question contained in the Content. While the Companies exercise reasonable care in compiling the information and materials contained in the Content for the purpose of Portal Pedidikan Utusan, the Companies do not provide any assurance whatsoever on the accuracy or otherwise of the Content and expressly disclaim any and all liability arising out of the use of or reliance on the Content contained in Portal Pendidikan Utusan, including but not limited to the performance of Users in examinations.

Miscellaneous

The Companies rely on your continued observance of these Terms of Use. If the Companies suffer any loss or damage or incur any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify the Companies for those losses, damages and costs.

This agreement will be governed by and construed in accordance with the laws of Malaysia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Malaysia.

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.

If you have any questions on the above, you may direct your queries to: online@utusan.com.my

 

 

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