|
Foldees.com Terms of Use
|
Last Revised 27 April 2008
|
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING ANY PRODUCT OR SERVICES THROUGH THIS WEBSITE
|
1. Legally Binding Agreement
|
We, Energon Sdn. Bhd. (Company No. 786967-X) are the owners and operators of www.Foldees.com (hereinafter called “this Website”). By using this Website you hereby agree to be bound by the terms and conditions contained herein (hereinafter called “Terms of Use”) which may be modified by us from time to time without notice to you. This Terms of Use shall constitute a legally binding agreement between us and you and shall govern your use of this Website or for any other website specifically identified by us. By using and/or visiting and/or placing an order and/or submitting a purchase order at and/or downloading any content from this Website, you signify your assent to these Terms of Use and the Foldees.com Privacy Policy, which is specifically incorporated in this Terms of Use. You are authorized only to use this Website if you agree to abide by all the applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use this Website.
|
2. Website Access
|
We hereby grant you permission to use this Website as set forth in these Terms of Use, provided that: (i) your use of this Website as permitted is solely for your personal use and for any other use specifically authorized by us; (ii) you will not copy or distribute any part of this Website in any medium without our prior written authorization; (iii) you will not alter or modify any part of this Website other than as may be reasonably necessary to use this Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
In order to access some features of this Website, you will have to create an account. You are not allowed to use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify us of any unauthorized use of your password or account or any other breaches of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
By registering on this Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using this Website. By accessing and/or using and/or visiting this Website you hereby certify that you are at least 18 years old and/or have the legal capacity to form a binding contract and not a person barred from accessing this Website under the laws of any applicable jurisdiction You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If we suspect that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using this Website.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access this Website in a manner that sends more request messages to this Website and/or our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from this Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, at our sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation to account names, email addresses, or other User Submissions (as defined below), from this Website, nor use the communication systems provided by this Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of this Website.
|
3. The Foldees.com Website
|
These Terms of Use apply to all users of this Website, including users who contribute information, ideas, and other materials or services on this Website. This Website may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. By using this Website, you specifically release us from any and all liability arising from your use of any third-party website.
|
4. Intellectual Property Rights
|
The content on this Website, except all User Submissions (as defined below), including without limitation, the text, graphics, and photos created by and for this Website, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property rights under Malaysian and foreign laws and international conventions. Content on this Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our prior written consent or as expressly provided herein. We reserve all rights not expressly granted in and to this Website and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through this Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of this Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of this Website or the Content therein.
|
5. User Submissions
|
The interactive nature of postings on the Website makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by this Website users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as "User Submissions") are not endorsed by us, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on this Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted on this Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
By posting any User Submission, you hereby irrevocably warrant that you have not violated another party’s intellectual property rights or other proprietary rights in relation to the said User Submission. You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, unless otherwise stated herein, by submitting User Submissions to this Website, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with this Website and our (and our successor’s) business, including without limitation for promoting and redistributing part or all of this Website (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you remove or delete a User Submission from this Website.
If you choose to post User Submissions on this Website, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of the Website reflects your respect for the legal rights of users connected with this Website. You understand that we do not guarantee any confidentiality with respect to any User Submission.
We expressly disclaim any and all liability in connection with User Submissions. We reserve the right to remove Content and User Submissions at our sole discretion and without prior notice. We also reserve the right to terminate a user's access to this Website at any time at our sole discretion and without prior notice.
|
6. Rules of Conduct
|
The following rules of conduct apply to your use of this Website and to any and all materials you post on this Website, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of this Website.
You may not, in connection with this Website:
• Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
• infringe or violate any patent, copyright, trademark, trade secret or other property right;
• breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• do any acts on this Website that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
• do any acts on this Website that constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
• do any acts on this Website that violates or encourages others to violate any applicable law, statute, ordinance or regulation;
• do any acts on this Website that promotes software or services that deliver unsolicited e-mail; or
• do any acts on this Website that contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You may not, except with our express advance authorization or in a specially designated area, use this Website to:
• Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
• engage in commercial activities within this Website;
• harm minors in any way;
• solicit personal information from anyone under 18;
• provide false or deceptive information;
• use this Website’s content to engage in commercial activities;
• delete, add or otherwise change other people’s entries or other Content when you have not been granted the privilege to do so; or
• allow usage of this Website by others in such a way as to violate the Terms of Use.
|
7. Greeting Card Design Submissions
|
If you are submitting a Greeting Card Design idea to this Website, you agree to additional Terms and Conditions that are available at
http://www.foldees.com/terms_submission.aspx.
|
|
8. Copyright Infringement
|
We respect the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with us and this Website, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a Greeting Card Design. We reserve the right, at our sole discretion, to remove any User Submission we believe may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that any User Submission has been copied or posted on this Website in a way that constitutes copyright and or intellectual property infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel) :-
|
1. |
Clear details of the copyrighted work or intellectual property in the User Submission that is the subject of your claim so that we may identify and locate the material. This details include the location (eg. the URL), the User(s) who posted the submission (if identifiable), a short description of the material or where possible a representation of the work;
|
|
2. |
Complete and full details of the author of the copyrighted work or intellectual property so that we may verify the owners or the exclusive licensees. This includes, but is not limited to, the name, telephone and facsimile numbers, contact person and the full address;
|
|
3. |
A statutory declaration by the author of the copyright or the owner of the intellectual property affirming that –
|
a. |
at the time the User Submission was posted on this Website the copyright subsisted in such work
|
|
b. |
that the author is the owner of the copyright;
|
|
c. |
that a the copy of the work annexed to the affidavit is the true copy of the same
|
|
d. |
that in the event the assertions in this declaration is false, we shall be indemnified for any loss by you and that you shall be subject to penal consequences under the Statutory Declaration Act, 1960; and
|
|
|
4. |
Your complete name, address and contact details.
|
Such written notice should be sent to our designated agent as follows:
Foldees.com
1st Floor, No.8 Jalan Emas
SD5/1A, Bandar Seri Damansara
52200 Kuala Lumpur, Malaysia
legal@foldees.com
|
9. Governing Law and Jurisdiction
|
By using and/or visiting and/or placing an order and submitting a purchase order at this Website you agree that this Terms of Use shall be governed by, and construed in accordance with, the laws of Malaysia.
|
10. Modifications to this Website
|
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Website (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Website.
|
11. Termination
|
We may, under certain circumstances and without prior notice, immediately terminate your account on this Website and your access to this Website and any other services provided by us on this Website. Reasons for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use 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 this Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with this Website or any other products procured through this Website. Termination of your account on this Website includes: (a) removal of access to all pages within this Website; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of this Website. Further, you agree that all terminations for cause shall be made at our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to this Website.
|
12. Warranty Disclaimer
|
YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF OURS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 THIS WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, FROM THIS WEBSITE OR THROUGH OR FROM THE SERVICE PROVIDED BY THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
|
13. Limitation of Liability
|
IN NO EVENT SHALL WE, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF OURS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN THE EVENT WE ARE FOUND TO BE CONTRACTUAL OR TORTIOUSLY LIABLE FOR ANY LOSS TO YOU CAUSED BY THE USE OF THIS WEBSITE OR FOR ANY REASON WHATSOEVER OUR LIABILITY SHALL AT ALL TIMES BE LIMITED TO THE SUM OF RINGGIT MALAYSIA ONE HUNDRED ONLY.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
This Website is controlled and offered by us from our facilities in Malaysia. We make no representations that this Website is appropriate or available for use in other locations. Those who access or use this Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
|
14. Indemnity
|
You agree to defend, indemnify and hold us, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of this Website, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitor’s fees) arising from: (i) your use of and access to this Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of this Website.
|
15. Ability to Accept Terms of Use
|
You agree to defend, indemnify and hold us, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of this Website, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitor’s fees) arising from: (i) your use of and access to this Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of this Website.
|
16. Assignment
|
These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by us without restriction
|
17. Copyright Notice
|
This Website is © 2008, Energon Sdn Bhd – All Rights Reserved and no portion of this Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without our prior written permission.
|
18. Trademarks
|
All of the trademarks and wordmarks used by us on this Website are owned by us and may not be used for any purpose without our prior written permission.
|
19. General
|
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Use at any time at our sole discretion and without prior notice, which shall take effect upon posting on this Website. It is your responsibility to review these Terms of Use for any changes. Your use of this Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to this Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
|
20. Violations of These Terms of Use
|
Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to legal@foldees.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, we at our sole discretion may investigate the matter and take such action as we deem appropriate.
|