1. ACCEPTANCE OF TERMS - GENERAL
1.2 You agree that Awani may modify and amend this TOU and Notices at any time without notice. Unless explicitly stated otherwise, any new service introduced by Awani, shall be subject to this TOU and Notices. You are responsible for regularly reviewing Awani's TOU and Notices posted on the Website. By continuing to use the Website, You are deemed to have agreed to be bound by any modifications and amendments to this TOU and Notices.
1.3 You can access the Website home page and browse the Website without disclosing Your personal data. The services and links found on the Website may include links to third party websites and are subject to Section 8 herein.
1.4 Owing to the global nature of the internet infrastructure, the information You provide may be stored in or transferred in transit to countries that do not have similar protection regarding Your data and it's use as set out in this TOU. By submitting Your information (if any), You consent to these transfers and storages.
1.5 "You" and "Your" shall mean any user of the Website and "Your" shall be interpreted accordingly.
1.6 "Astro Group" shall mean any company directly or indirectly controlling, controlled by or under common control of Astro Malaysia Holdings Berhad ("Astro") and shall include another member of the group of which such company is a member. A company shall be deemed to control a corporation or other entity if such company possesses, directly, the power to direct or cause the direction of the management and policies of such corporation or other entity, whether through the ownership of voting securities, by contract or otherwise.
1.7 "Awani Service" shall mean the provision of news content ("News") which may include mobile services and other interactive or online services made available to You by Awani on http://www.astroawani.com/.
1.8 "Website" shall mean the OHI programme portal [http://www.obviouslyharith.com/] which Awani uses to deliver the Awani Service and any other related micro sites made available to You by Awani.
2. USE AND SECURITY
2.1 Information on the Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Awani may also make improvements and/or changes to the Website at any time without notice. By continuing to use the Website, You agree that Awani and/or the Astro Group shall not be liable for such inaccuracies or errors.
2.2 The Website may not be available to all devices that connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access the Website and assume all risk associated therewith.
2.3 The Website may not be available to be accessed from all regions and countries of the world. Awani reserves the right, in its sole discretion, to limit or terminate Your ability to access the Website from certain regions or countries, and You assume all risk associated with the accessibility of the Awani Service and the Website from any given region or country of the world.
2.4 Awani reserves the right to limit or prohibit Your entry into the website in its sole discretion and shall not be liable for such limitation or prohibition.
3. RULES OF CONDUCT - USE OF OUR WEBSITE
3.1 You agree to use the Website only for lawful purposes and in accordance with this TOU and Notices and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website.
3.2 You agree to notify Awani immediately of any unauthorised use of Your personal data. Awani will not be liable for any loss or damage arising from Your failure to comply with this provision.
3.3 The Website is provided to You for Your private and personal use only. You shall not allow any other person to: (a) resell, timeshare, sublicense, or otherwise transfer all or any portion of the Website to any other party; or (b) make commercial use of the Website without the express written consent of Awani. You will not broadcast, copy, download, frame, reproduce, republish, or transmit in any manner whatsoever, any material on the Website except as is strictly necessary for Your own personal non-commercial home use.
3.4 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 Website. 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.
3.5 You may not use the Website in any manner that could damage, disable, overburden, or impair the Website (or the network(s) connected to Awani Service) or interfere with any other party's use and enjoyment of the Awani Service. You may not attempt to gain unauthorized access to the Website and other computer systems or networks connected to the Website, 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 Website.
3.6 You agree to be responsible for payment of (i) registration or subscription fees (where applicable), (ii) the charges for the News that is requested by You and (iii) any charges that Awani may stipulate from time to time and all applicable charges incurred as a result of Your use of the Awani Service, including but not limited to the use or misuse by an unauthorised third party, or any error, accidental use or loss ("Charges").
3.7 You agree not to alter or modify any part of our Website, including but not limited to the embedded player or any of its related technologies.
3.8 You will not reproduce, trade, resell, sell, or exploit for any commercial purposes, any or all of the Awani Service, the use of the Awani Service, the access to the Awani Service including any logo, graphic, sound, image and articles whether posted by Awani, other users of Awani Service or by Yourself. You shall not use the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Website.
3.9 The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music or sound, and the entire contents of the website are copyrighted as a collective or severable work under applicable copyright laws. Awani and/or the Astro Group own or have acquired a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
3.10 You will abide by the specific rules of any competition or promotion that You participate in on or via the Website. Unless otherwise stated, all prize draws and competitions offered via the Website are not open to anyone outside Malaysia.
3.11 You will not do anything that affects the operability or security of the Website or causes unreasonable inconvenience or offence or disruption to our staff.
4. RULES OF CONDUCT - USER GENERATED CONTENT
4.1 "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 our Website.
4.2 User Generated Content are made available to You for Your information and personal use solely as intended through the normal functionality of the Website. User Generated Content are made available on an "as is" basis, and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under these TOU.
4.4 You also hereby grant each User of our Website a non-exclusive licence to access Your User Generated Content through the access and/or use of our Website, and to use such User Generated Content only as permitted through the functionality of the Website.
4.5 You understand and agree that Awani may retain and store, but not display or distribute server copies of the User Generated Content that has been removed or deleted. The above licenses granted to us, by You in User Generated Content, is irrevocable.
4.6 Further to the foregoing paragraph, by submitting Your User Generated Content in our Website, You warrant that:-
(a) Your User Generated Content is Your own original work or You have the necessary licence, rights, consents and permissions to use and authorize Awani to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content to enable inclusion and use of the User Generated Content in the manner contemplated by this TOU and that You have the right to make it available to us for all the purposes specified above;
(b) Your User Generated Content is not defamatory, harmful, obscene, threatening, pornographic or otherwise illegal which would violate or infringe in any way upon Awani's rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are crude, racist, sexist, vulgar, or otherwise offensive. Always treat other users with respect.
(c) You shall be solely responsible for Your User Generated Content and the consequences of posting or publishing them;
(d) You shall indemnify Awani against all legal fees, damages and other expenses that may be incurred by Awani as a result of Your breach of the above warranty; and
(e) You waive any moral rights in Your User Generated Content for the purposes of its submission to and publication in any of our Astro Group platforms and the purposes specified above.
4.7 Awani does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Generated Content. We do not permit activities which will infringe any intellectual property rights and will remove all infringing User Generated Content upon notification that such User Generated Content infringes on another's intellectual property rights. We further reserve the right to remove the User Generated Content without prior notice as stated in this TOU.
4.8 You understand and agree that we may review and delete any User Generated Content that you post on our Website at any time without notice, without liability and for any or no reason whatsoever. We may remove the User Generated Content from the Website if, in our sole opinion, (1) the content violates this TOU; (2) the content might be offensive or illegal, or (3) the content might violate the rights of, harm, or threaten the safety of any other User or (4) we cancel or suspend the use of our Website.
5. ACCESS RESTRICTION
5.1 Without limiting anything herein contained, Astro reserves the right to terminate Your use of the Awani Service for any reason whatsoever without notice to You and without liability.
5.2 In addition to any termination rights Awani may have under this TOU and Notices, Awani may in its sole discretion, suspend or terminate Your access to the Website without notice and without liability if:
(a) You materially violate this TOU or any Notice posted from time to time on the Website, any applicable law, rule or regulation relating to the use of the Awani Service;
(b) Any law, regulation, or governmental action renders all or any portion of the Website (or Your use of the Awani Service) unlawful or impracticable.
(c) Your use of the Website impairs or threatens to impair the integrity or functionality of the Astro Group service/network in any manner.
(d) If Awani believes that You have violated or acted inconsistently with the letter or the spirit of this TOU and Notices.
5.3 You agree that Awani and Astro Group shall not be liable to You or any third-party for any termination or suspension of Your access to the Website and You hereby release us from any liability whatsoever.
6. DISCLAIMER AND LIMITATION OF LIABILITY.
6.1 Awani and/or Astro Group makes no warranty that the Website will meet Your requirement or that the Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the Website 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 Website for the reconstruction of any lost data. All use of the Website is at Your own risk and You are solely responsible for all damages resulting there from.
6.2 The Website is not intended for "mission critical" circumstances and is provided on an "as is where is" and "as available" basis, without warranties of any kind, express or implied, including, but not limited to warranties of title, quiet enjoyment, non-infringement or implied warranties of merchantability or fitness for a particular purpose.
6.3 To the maximum extent permitted by applicable law, Awani and/or Astro Group disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the Website and transactions performed through the service or on the Internet generally. Awani and/or Astro Group makes no representations or warranties as to the quality of the connection to or any transmission over the Internet.
6.4 To the fullest extent permitted by applicable law, Awani and/or Astro Group shall not be liable to You or any party for any direct, indirect, incidental, special, consequential, punitive or exemplary damages and/or losses whatsoever (even if Awani and/or Astro Group has/have been advised of the possibility of such damages or even if such damage is foreseeable) suffered incurred and/or sustained by You that result from the use of, access to, or the inability to use the Website, any changes to the Website and unauthorized access to or alteration of Your transmissions or data, or communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Website 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.
6.5 You specifically agree that Awani and/or Astro Group is 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.
6.6 If You are dissatisfied with the Website, the materials available on or through the Awani Service or with the provisions of this TOU and Notices, You agree that Your sole and exclusive remedy is to discontinue using the Website or any of Awani's and/or Astro Group's other products and services.
6.7 Awani and/or Astro Group will take reasonable measures to maintain the privacy and security of all private information provided by You to the Website, but third parties (such as hackers) may breach or attempt to breach Awani's and/or Astro Group's security measures or may gain unauthorized access to the Awani database or other equipment containing Your information. You agree that Awani and/or Astro Group shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of the Website or any other company equipment or user information.
7.1 You agree to indemnify, defend and hold Awani and Astro Group, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Awani Service and the Website harmless from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from (a) Your violation of any of our TOU and Notices; (b) Your use of or conduct or access to our Website; (c) Your violation of any third party right, including without limitation any copyright, property or privacy rights; or (d) any claim that one of Your User Generated Content caused damage to a third party. This indemnification obligation will survive these TOU and Your use of our Website.
7.2 The provisions of this clause is for the benefit of Awani, Astro Group and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Website. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against You on its own behalf.
8.1 Awani shall have the right, but not the obligation, to monitor the content of the Website, all interactive communication including but not limited to chat rooms and forums, to determine compliance with this TOU and any Notices established by Awani and to satisfy any law, regulation or authorized government request. Awani shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, Awani shall have the right to remove any material that Awani, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. BULLETIN BOARDS / MESSAGE BOARDS
9.1 This service may include bulletin boards and chat rooms ("bulletin boards") which allow feedback to Awani and real-time interaction between users. Awani does not control the messages, information or files delivered to bulletin boards. It is a condition of Your use of the bulletin boards and the Website that You observe the Rules of Conduct as stipulated in Clause 3 above.
10. LINKS TO THIRD PARTY SITES
10.2 Any dealings with third parties (including advertisers) over the Linked Websites 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 Awani 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 a Linked Website 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. Astro has no responsibility or liability for any merchant or Your relationship with such merchant.
11. DISCLOSURE AND CONFIDENTIALITY
11.1 Awani reserves the right to disclose any personal information about You or Your use of the Awani Service and without Your prior permission if Awani in good faith, believes that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Awani or its holding or affiliated company; (3) enforce this TOU; or (4) act to protect the interests of its members or others.
11.2 Any non-personal information or material sent to Awani by You will generally NOT be treated as confidential.
12. PROPRIETORY RIGHTS
12.1 All information, data, images, text, graphics, logos, sound, programs, messages, tags and any other material ("Content") found on the Website are protected by trademark, copyright, or other intellectual property laws and international treaties. Any commercial use of the Website and Content found on the Website is strictly prohibited, without Awani 's express and prior written consent. Any reproduction or redistribution of Awani Service, and Content found on the Awani Website, not in accordance with the TOU herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
12.2 Elements of the Website, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
12.3 No logo, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted by Awani.
TRADEMARKS AND THIRD PARTY MATERIALS
12.4 Awani and/or Astro Group reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively "Marks") and nothing in this TOU grants You the license to use such Marks. Additionally, other marks which appear on this site may be marks of third parties that are not affiliated with Awani and/or the Astro Group. Awani and the Astro Group do not control or endorse the content of third party websites.
12.5 The Contents provided on the Website may contain materials made available by third parties ("Third Party Content"). Awani and Astro Group shall not guarantee the accuracy, completeness or usefulness of any of such Third Party Content and You agree that by perusing such Third Party Content, You shall assume all risk associated with the perusal of such Third Party Content.
12.6 From time to time the Content available through the Website may contain judgments or opinions of the respective user or Third Party Content provider not associated with Awani or Astro Group. Awani or Astro Group neither endorses nor is responsible for the reliability or accuracy of any advice, statement or opinion made on the Website by any third party. Under no circumstances will Awani or Astro Group be liable for any losses or damages caused by Your use or reliance of such Third Party Content obtained through the Website.
13. AWANI MOBILE SERVICES
13.1 The content provided on the Awani Mobile Services are provided by Awani and/or its content providers (including other companies within the Astro Group) and includes without limitation messages, files, data, images, photographs, software, ring tones, pictures, logos, video clips, video streaming, live feeds, information on demand content (e.g. information about health, lifestyle, astrology etc) and games (collectively referred to as the "Content") that You may download or stream to Your mobile device, personal media player, mobile gaming device or personal computer which is equipped with the necessary functions or applications to support the Content to be downloaded or streamed. Awani advises You to check with Your respective mobile phone operator or Internet service provider on whether Your device can support or is compatible to download, view and stream the Content.
13.2 You agree that You will be subject to additional premium charges for any mobile downloads or streaming services made available on the Awani Mobile Services. Such charges shall be made known to You on the Awani Mobile Services from time to time. You will be charged accordingly with the charges for downloads or streaming when a request is made even if the download or streaming is incomplete.
13.3 The charges stipulated in clause 13.2 will be in addition to the standard fee charged by Your mobile phone operator.
13.4 Awani will not be responsible or liable for any problem, loss or damage of whatsoever nature suffered by You due to any delay and/or failure in receiving and sending a SMS/MMS as a result of any network, communication or system error, interruption and/or failure experienced by the participating mobile phone operators and/or by Awani and/or resulting from participation or the downloading of any materials from the Awani Mobile Services.
13.5 You agree that for the mobile downloads to be downloaded successfully to Your mobile phone, Your mobile phone must be compatible with and supports the downloaded item. Mobile phone compatibility information is provided on the Awani Mobile Services, You are advised to read carefully before downloading any item. Awani shall not be liable should You attempt to download an item onto an incompatible mobile phone and You agree that the charges stated in clause 13.2 above shall still apply under such circumstances.
13.6 If You are under the age of eighteen (18), You must seek parental and/or guardian approval before downloading the mobile downloads from the Awani Mobile Services. Awani considers it the responsibility of parents and/or guardian to monitor their children(s)'s use of the Awani Mobile Services.
14.1 This TOU and Notices are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between You and Awani regarding this TOU and Notices will be subject to the exclusive jurisdiction of the courts located in Malaysia and You expressly waive all defenses to jurisdiction. You agree that the Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by Awani in and from Malaysia.
14.2 This TOU and Notices contain the entire understanding between the parties hereto with respect to the Website, and supersedes all previous oral or written agreements or understandings between You and Awani, and no advice or information, whether oral or written, obtained by You from this Website (whether before or after the date You accept this TOU and Notices) shall create any obligation or warranty on the part of Awani not expressly stated herein. You may also be subject to additional terms and conditions that may apply when You use any services offered by the Awani or the Astro Group, third-party content or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TOU and Notices.
14.3 Awani's performance of this TOU and Notices is subject to existing laws and legal process, and nothing contained in this TOU and Notices is in derogation of Awani 's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Website or information provided to or gathered by Awani with respect to such use.
14.4 If any provision of this TOU and Notices is held invalid, the remainder of this TOU and Notices will continue in full force and effect, and if any provision(s) of the TOU and Notices is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This TOU and Notices shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU and Notices and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
14.5 Awani's failure to insist upon or enforce strict performance of any provision of this TOU and Notices shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by Awani in writing.
14.6 Notices to You shall not be modified, except by an express modification by Awani as described herein and may be made via either email or regular mail or by displaying notices or links to notices to You generally on the Awani Service.
14.7 Awani reserves the right to amend any of the provisions of this TOU from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website and participation of, the Awani Services, will represent an agreement by You to be bound by this TOU and Notices as amended.
14.8 You may not assert any claim against Awani in connection with the Website unless You have given Awani written notice of the claim within fourteen (14) days after You knew 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 Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
14.9 Awani may assign its rights and duties under this TOU to any party at any time without notice to You and this TOU shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.
Should You have any questions concerning this TOU, or if You desire to contact Awani for any reason, please contact us at http://english.astroawani.com/p/feedback.
* Terms and conditions at http://www.obviouslyharith.com/tou.
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