Astro Gempak is a Malay entertainment portal which focuses in information about latest Malay segment interest programs. The services offered by Astro Gempak include Astro Gempak Website, the Astro Gempak internet messaging service, social interactive service and any other features, content, or applications offered from time to time by Astro Gempak (collectively “Astro Gempak Services” which are further defined below). The Astro Gempak Services is hosted in Malaysia.
In the TOU and Notices, unless inconsistent with the context or otherwise specified, the following expressions shall have the meanings set forth:
“Astro Gempak Content” shall mean all the content managed and/or provided by MBNS and/or its content providers which includes without limitation all forms of text, graphics, video, audio , music, audio-visual combination, files, data, images, photographs, software, pictures, logos, video clips, video streaming, news, live feeds and information on demand content, Preview Content and User Generated Content made available on or through the Astro Gempak Website;
“Astro Gempak Mobile Download Service” means a selection of mobile downloads via the Astro Gempak Website and/or the Astro Gempak Services including without limitation, messages, files, data, images, photographs, software, ring tones, pictures, logos and other materials that may be downloaded to a mobile phone;
“Astro Gempak Services” shall mean the provision of services such as online tools, premium content subscriptions, instant messaging, webcasting, streaming, embeddable players, mobile download services, mobile applications and other services created by MBNS and/or its services providers on behalf of MBNS from time to time;
“Astro Gempak Website” shall mean the website owned and/or operated by MBNS under www.astrogempak.com.my the Astro Gempak Content and offering Astro Gempak Services.
“Astro Group” shall mean Astro Malaysia Holdings Sdn Bhd (Company No: 932533-V) a company incorporated in Malaysia under the Companies Act, 1965 of Malaysia and having its registered office at 3rd Floor, Administration Building, All Asia Broadcast Centre, Technology Park Malaysia, Lebuhraya Puchong-Sungai Besi, Bukit Jalil, 57000 Kuala Lumpur and any holding, related and affiliates or subsidiary companies;
“License Agreement” shall mean the licence and terms and conditions for use of the Software;
“Linked Website” shall mean links from or to the Astro Gempak Website to third party websites;
“Log-In Information” means the information including all personal information which Users provide to log in for a specific feature or membership account offered by MBNS to the Users from time to time
“MBNS” means Measat Broadcast Network Systemservices Sdn Bhd (Company No. 240064-A);
“Personal Information” means the Users personal information or sensitive personal information as stated in the General Consumer Code of Practice for the Communications and Multimedia Industry Malaysia and/or any other applicable legislation relating to data protection, including, without limitation, the Personal Data Protection Act 2010 as and when it come into force;
“Preview Content” shall mean Astro Gempak Content and selected User Generated Content that has been edited by MBNS and Posted on the Astro Gempak Website for preview the viewing and browsing benefit of visitors to the Astro Gempak Website;
“Post” shall mean to publish, display, submit and/or upload;
“Privacy Notice” means the Astro Gempak Privacy Notice found at www.astrogempak.com.my/privasi
“Streaming” shall mean a contemporaneous digital transmission of an audiovisual work via the internet from the Astro Gempak Services to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user;
“Software” means any software used in connection with the Astro Gempak Website developed by or licensed to MBNS;
“Us” , “We”, “Ours” means Measat Broadcast Networks Services Sdn Bhd;
“User” means users of the Astro Gempak Website;
“User Generated Content” shall mean contribution (including any text, links, photographs, graphics, video or audio or other data or information) Posted on the Astro Gempak Website;
“Webmaster Account” means the email@example.com which is an account maintained in the Astro Gempak Website to allow MBNS to organize the Astro Gempak Website structure, respond to the mails posted in the Webmaster Account and maintain the Astro Gempak Website up-to-date.
"You" and “Your” shall mean any user of the Astro Gempak Website or Astro Gempak Services.
PERSONAL DATA AND PRIVACY
To learn about how MBNS collects & protects your personal data, refer to the Policy and Privacy Notice. Any non-personal information or material sent to MBNS by you will generally NOT be treated as confidential.
- ELIGIBILITYAND ACCEPTANCE OF TERMS – GENERAL
- The use and access of the Astro Gempak Website is subject to this TOU & Notices. By accessing and using the Astro Gempak Website you agree to be bound by this TOU & Notices, and any notices (which term shall include guidelines and rules) which may be posted on the Astro Gempak Website from time to time.
- MBNS reserves the right to change or modify this TOU, and any policy or guidelines incorporated by reference at any time and from time to time in its sole and absolute discretion, and to determine whether and when any such changes apply to Users. Any changes or modifications will be posted by MBNS and become effective upon posting of such changes or modifications on the Astro Gempak. You are responsible for regularly reviewing the TOU to obtain timely notice of such changes or modifications. Your continued use of the Astro Gempak Website and Astro Gempak Services following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF ANY CHANGES OR MODIFICATIONS, DO NOT CONTINUE TO USE THE ASTRO GEMPAK WEBSITE AND/OR ASTRO GEMPAK SERVICES
- If you are under the age of eighteen (18), you must seek parental and/or guardian approval before accessing the Astro Gempak Website and/or use the Astro Gempak Services. MBNS considers it the responsibility of parents and/or guardian to monitor their children use of the Astro Gempak Website and/or Astro Gempak Services. By agreeing to these terms or by using the Astro Gempak Website, you represent and warrant that you have the right, authority and capacity to enter into this agreement comprising the TOU & Notices and to abide by all of the terms and conditions of the TOU & Notices.
- You can access the Astro Gempak Website home page and browse the Astro Gempak Website without disclosing your personal data.
- MBNS will take necessary measure in accordance with the normal industry standards to ensure that the security of your personal information is protected. However, owing to the global nature of the internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and its use as set out in this terms and conditions. By submitting your information you consent to these transfers.
- The Astro Gempak Policy and Privacy Notice describes how MBNS collects, stores, processes and uses Users’ Personal Information associated with your use of the Astro Gempak Services. You hereby consent to the collection, use and disclosure by MBNS and its agents of your Personal Information (whether previously collected or to be collected) for the purposes identified in the Policy and Privacy Notice.
2.1 These TOU and Notices apply to all visitors and Users of the Astro Gempak Website.
2.2 The Astro Gempak Website may contain links to third party websites that are not owned or controlled by MBNS. MBNS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MBNS will not and cannot censor or edit the content of any third-party websites. By using the Astro Gempak Website, you expressly relieve MBNS from any and all liability arising from your use of any third-party websites and You shall be subjected to Section 12 of this TOU.
- USE AND SECURITY OF THE ASTRO GEMPAK SERVICES
3.1 You agree to: (a) provide true, accurate, current and complete information about yourself when You provide Your Log-in Information or for the purpose of any of the Astro Gempak Services where such information is required;(b) maintain and promptly update such Log-in Information to keep it accurate, current and complete; and (c) you should not use another’s account without permission. If you provide any information that is untrue, inaccurate, not current or incomplete, or if MBNS suspects that such information is untrue, inaccurate, not current or incomplete, MBNS has the right to suspend or terminate your access to the features as mentioned in this Clause 3 and refuse any and all current or future use of the Astro Gempak Website (or any part thereof).
3.2 The Astro Gempak Website may not be available to all devices which connect to the internet. You assume all responsibility regarding the end-user equipment and software necessary to access the Astro Gempak Website and assume all risk associated therewith.
3.3 The Astro Gempak Website may not be available to be accessed from all regions and countries of the world. MBNS reserves the right, in its sole and absolute discretion, to limit or terminate your ability to access the Astro Gempak Website from certain regions or countries, and you assume all risk associated with the accessibility of the Astro Gempak Services or Astro Gempak Website from any given region or country of the world.
3.4 MBNS reserves the right to limit or prohibit your entry into its Astro Gempak Website in its sole and absolute discretion and shall not be liable for such limitation or prohibition.
- All information, materials, functions and other content contained on the Astro Gempak Website are our copyrighted property or the copyrighted property of our licensors. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors. We may change the Astro Gempak Website or delete the Astro Gempak Content or features at any time, in any way, for any or no reason.
- Except as we specifically agree in writing, the Astro Gempak Content shall not be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Astro Gempak Website, except that where a Astro Gempak Website is configured to enable the download of particular Astro Gempak Content, you may download one copy of such Astro Gempak Content to a single computer 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 Astro Gempak Content, and (c) do not use the Astro Gempak 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 the Astro Gempak Website is prohibited.
- In the event that we offer downloads of software and or Apps as part of the Astro Gempak Services and you download such software and/or Apps including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, non commercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
- YOUR CONDUCT - GENERAL USE OF THE ASTRO GEMPAK WEBSITE
5.1 You agree to use the Astro Gempak Website only for lawful purposes and in accordance with this TOU & Notices and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Astro Gempak Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Astro Gempak Website.
5.2 You agree to (a) notify MBNS immediately of any unauthorised use or any other breach of security. MBNS cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
5.3 The Astro Gempak Website is provided to you for internal, personal use by you only. You may not allow any other person to: (a) resell, timeshare, sublicense, or otherwise transfer all or any portion of the Astro Gempak Website to any other party; or (b) make commercial use of the Astro Gempak Website without the express written consent of MBNS.
5.4 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 Astro Gempak Services. Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct.
5.5 You may not use the Astro Gempak Website in any manner that could damage, disable, overburden, or impair the Astro Gempak Website (or the network(s) connected to the Astro Gempak Websites of MBNS or interfere with any other party's use and enjoyment of the Astro Gempak Services. You may not attempt to gain unauthorized access to the Astro Gempak Website, computer systems or networks connected to the Astro Gempak 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 Astro Gempak Website.
5.6 You agree to be responsible for payment of all applicable charges incurred as a result of your use of the Astro Gempak Services, including but not limited to the use or misuse by an unauthorised third party, or any error, accidental use or loss.
5.7 You agree not to distribute in any medium any part of the Astro Gempak Website, including but not limited to User Generated Content or any live video broadcasting without MBNS’s prior written authorization.
5.8 You agree not to alter or modify any part of the Astro Gempak Website, including but not limited to the embedded player or any of its related technologies.
5.9 You agree not to access the User Generated Content or Astro Gempak Content through any technology or means other than the embeddable player or other explicitly authorized means MBNS may designate.
5.10 You agree not to use the Astro Gempak Website, including the embeddable player for any commercial use without prior written authorization of MBNS.
5.11 MBNS reserves the right to discontinue any aspect of the Astro Gempak Website at any time.
COMPLIANCE WITH THE MALAYSIAN COMMUNICATIONS & MULTIMEDIA CONTENT CODE (“Code”)
5.12 In addition to the above, you are also obliged to comply with the requirements of Malaysian Law including but not limited to the Code and will NOT provide any prohibited content or any content in contravention of Malaysian Law. MBNS reserves the rights to remove such prohibited content or any content that contravenes the Malaysian Law with or without notice to you in accordance with the complaints procedure contained in the Code. For more information on the Code and the Content Forum, please visit www.cmcf.my.
- OUR USE OF CONTENT ON THE SITE
6.1 In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Astro Gempak Website.
6.2 The Astro Gempak Content, except all User Generated 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”) are owned by or licensed to MBNS, subject to copyright and other intellectual property rights under the law. The Astro Gempak Content is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent of the respective owners save and except as expressly authorized by MBNS. MBNS reserves all rights not expressly granted in and to the Astro Gempak Website and the Astro Gempak Content.
6.3 You may access Astro Gempak Content including the Preview Content only in a manner and subject to conditions as stated under this TOU & Notices.
6.4 You agree not to use, copy, or distribute any or all of the Astro Gempak Content other than expressly permitted herein, including any use, copying, or distribution of any part of the Astro Gempak Content for any commercial purposes.
6.5 You agree that when using the Astro Gempak Services, you may be exposed to User Generated Content from a variety of sources, and that MBNS is 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, infringing the intellectual property rights of a person or entity or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have to may have against MBNS with respect thereto, and agree to indemnify and hold MBNS, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Astro Gempak Website.
- YOUR USER GENERATED CONTENT AND CONDUCT
7.1 The User Generated Content shall be solely:
(a) for your information and personal use;
(b)as intended through the normal functionality of the Astro Gempak Services
(c) for Streaming. Accessing audiovisual works in the User Generated Content comprising of for any purposes or in any manner other than Streaming is expressly prohibited. The audiovisual works are made available “as is”.
7.2 User Generated Content are made available to you for your information and personal use solely as intended through the normal functionality of the Astro Gempak Services. User Generated Content are made available “as is”, 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 Astro Gempak Services or otherwise as prohibited under this TOU & Notices.
7.3 You may be invited to Post any User Generated Content on or to the Astro Gempak Website and you agree, by submitting your contribution, to grant MBNS a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, edit, modify, adapt, publish, translate, create derivate works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full terms of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Policy.
7.4 You also hereby grant every Users of the Astro Gempak Website a non-exclusive license to access your User Generated Content through the Astro Gempak Website, and to use such User Generated Content only as permitted through the functionality of the Astro Gempak Website as detailed in clause 7.1 above only under these TOU & Notices.
7.5 You understand and agree that MBNS may retain and store, but not display, distribute, or perform, server copies of User Generated Content that have been removed or deleted. The above licenses granted by you to MBNS in User Generated Content is irrevocable.
7.6 Further to paragraph 7.3 above, by submitting your User Generated Content to the Astro Gempak Website, you
7.6.1 warrant that :
(a) your User Generated Content is your own original work or have the necessary license, rights, consents, permissions and authority to use and authorize MBNS to use or publish the User Generated Content, 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 the Astro Gempak Website and these TOU & Notices and that you have the right to make it available to MBNS for all the purposes specified above;
(a) your User Generated Content is not defamatory;
(b) your User Generated Content does not infringe any law;
(c) you shall be solely responsible for your own User Generated Content and the consequences of Posting or publishing them;
(d) you shall 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 MBNS all of the license rights granted herein;
(e) you shall indemnify MBNS and the Astro Group against all legal fees, damages and other expenses that may be incurred by MBNS and the Astro Group as a result of your breach of the above warranty; and
(f) waive any moral rights in your User Generated Content for the purposes of its submission to and publication on the Astro Gempak Website and the purposes specified above.
7.7 You understand that whether or not such User Generated Content is Posted, MBNS does not guarantee any confidentiality with respect to any User Generated Content.
7.8 MBNS does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and MBNS expressly disclaims any and all liability in connection with User Generated Content. MBNS does not permit activities which infringe intellectual property rights including copyright on its Astro Gempak Website, and MBNS reserves the right without prior notice to remove all infringing contents and User Generated Content upon notification that such User Generated Content infringes on another’s intellectual property rights.
7.9 Prohibited User Generated Content. Below is a partial list of the kind of User Generated Content that is illegal or prohibited on the Astro Gempak Website..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 the Astro Gempak Website 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 Astro Gempak 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, 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 Members;
- constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, or advertising; or
- solicits and engages in political discussions.
Even though all of the above User Generated Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the Astro Gempak Website or the Astro Gempak Services. If so, neither we, nor any of our officers, directors, employees, affiliates shareholders, advertisers, Authorised Third Party , corporate partners or Astro Group will in any way be responsible for any damages (to or from any party) related to any such exposure.
7.10 Further Restrictions on Your Use of the Astro Gempak Website and the Service.
- You must use the Astro Gempak Website and the Astro Gempak Services in a manner consistent with any and all applicable laws and regulations.
- Although MBNS cannot monitor the conduct of its Users of the Astro Gempak Website, it is a violation of this TOU & Notices to use any information obtained from the Astro Gempak Services or the Astro Gempak Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any persons including individual or corporation without the prior explicit consent of such of MBNS.
7.11 Copyright Protection Policy and Take Down Policy
If you are the owner and believe that your work has been copied and Posted on the Astro Gempak Website 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 on the Astro Gempak Website, please contact us at the Webmaster Account and
provide the information requested below and we will withdraw your material from the Astro Gempak Website forthwith on receipt of your written objection and proof of ownership of the aforementioned material.
In order to process your complaint, please provide the information required using the following template (“Template”). This template should be used to document your complaint and sent to the Complaints Officer at the Webmaster Account. Your complaint will be acknowledged within 2 working days of receipt.
To : the Complaints Officer
From : [ Name, address, telephone number and email address of complainant]
Reference : [Title and unique identifier to which complaint refers] [subject of complaint]
1. Infringement of copyright/author’s rights/related rights
a) The following material is protected in [ country/jurisdiction] by intellectual property law
[Describe the protected material in as much detail as possible so that the specific content, edition and format maybe readily identified. Indicate the category for protection under intellectual property law [e.g ordinary literary, dramatic or musical work, software]. Specify exactly the extent of use, e.g by quoting text that has been reproduced] [“the Protected Material”]
b) i) I/we own or am authorized to represent the owner of the intellectual property rights in the Protected Material
ii) I am the creator of an thus have moral rights in the Protected Material
c) I/we hereby give notice of :-
i) Unauthorised use by reason of reproduction and/or making available the Protected Material; and/or
ii) Breach of moral rights of [paternity/integrity/right not to have my work subjected to derogatory treatment]
2. A complaint on grounds other than copyright and/or related rights
a) [specify the nature of the complaint e.g defamation, breach of confidence, data protection]
b) [specify the law that is alleged to have been infringed]
c) [Describe the infringing content in as much detail as possible e.g by quoting or otherwise identifying the specific content]
d) [explain the nature of the infringement with regard to the applicable law e.g that an individual may reliably be identified and thus data protection legislation has been breached]
3. I/we hereby request, with reference to the subject of this complaint, you/your organization:-
a) Remove it from the website; and
i) Cease further use of the material; and
ii) Withdraw from circulation any materials that include it
4. I/We request that you notify me/us when you have completed with my/our request in item 3 above.
5. I/we attach/direct you to the following additional information which supports my complaint:[proof of ownership] etc
6. In relation to my/our complaint, i/we also inform you [any other relevant information including e.g other steps taken to protect my rights]
The information contained in this notice is accurate and I believe, with good faith, that the publication, distribution and reproduction of the material described in item 1 is not authorized by the rights holder, the rights holder’s agent or the law and/or infringes the law described in item 2 above
This notice is given to you without prejudice to any other communication or correspondence relating to the protected rights or any other right.
Contact information :
Email address :
If you require any assistance completing this Template, please contact the Complaint Officer at firstname.lastname@example.org
- TERMINATION/ACCESS RESTRICTION
8.1 Without limiting anything herein contained, MBNS reserves the right to cancel, withdraw, terminate or suspend your access to the Astro Gempak Website and Astro Gempak Services either in whole or part for any reason whatsoever at is sole discretion without notice to You.
8.2 In addition to any termination rights MBNS may have under this TOU & Notices, MBNS may suspend your access to the Astro Gempak Website without notice and in its sole discretion if:
i. MBNS suspects fraudulent use ; or
ii. You materially violate this TOU, any applicable law, rule or regulation relating to the use of the Astro Gempak Website; or
iii. Any law, regulation, or governmental action renders all or any portion of the Astro Gempak Website unlawful or impracticable; or
iv. Your use of the Astro Gempak Website impairs or threatens to impair the integrity or functionality of the MBNS network in any manner; or
v. if MBNS believes that you have violated or acted inconsistently with the letter or spirit of this TOU.
8.3 You agree that MBNS shall not be liable to you or any third-party for any cancellation, withdrawal, termination or suspension of your access to the Astro Gempak Website and You hereby release MBNS from any liability whatsoever.
8.4 MBNS may in its sole and absolute discretion remove such User Generated Content and/or suspend and/or terminate Users access for uploading such material in violation of these TOU and Notices at any time, without prior notice and in its sole discretion.
- PUBLIC FORUMS AND COMMUNICATION
- "Public Forum" means an area, site or feature offered as part of any Astro Gempak Website that offers the opportunity for users to distribute submissions for viewing by one or more Astro Gempak Website users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails).
- You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regards to any submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
- You are and shall remain solely responsible for the submissions you distribute on or through the Astro Gempak Website and for the consequences of submitting and Posting the same. As we do not monitor or moderate any comments, information, data or message Posted at the Public Forum, we will not have control on the information Posted at the Public Forum.
- Also, you should be sceptical about information provided by others, and you acknowledge that the use of any submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
- We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify, edit or otherwise use or take any action with respect to submissions you distribute in the Public Forum.
- DISCLAIMER & LIMITATION OF LIABILITY
10.1 MBNS makes no warranty that the Astro Gempak Website will meet your requirement or that the Astro Gempak Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the Astro Gempak 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 Astro Gempak Website for the reconstruction of any lost data. All use of the Astro Gempak Website is at your own risk and you are solely responsible for all damages resulting therefrom.
10.2 WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE ASTRO GEMPAK WEBSITE AND/OR ASTRO GEMPAK SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE ASTRO GEMPAK WEBSITE OR THE SERVICE, ANY USER GENERATED CONTENT (POSTED ON THE ASTRO GEMPAK WEBSITE) OR TRANSMITTED TO OTHER USERS, OR ANY INTERACTIONS BETWEEN OR OTHER USERS OF THE ASTRO GEMPAK WEBSITE AND/OR ASTRO GEMPAK 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. 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 at any Astro Gempak Website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Astro Gempak Website, , or any other person related to or resulting from use of the Astro Gempak Website, viewing, playing or downloading any materials on or from the Astro Gempak Website, or otherwise in any way in connection with the Astro Gempak Services. The Astro Gempak Website and the Astro Gempak Services are provided "AS-IS" 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 the Astro Gempak Website or the Astro Gempak Services. No advice or information, whether oral or written, obtained by you from us, or from or through the Astro Gempak Website or the Astro Gempak Services shall create any warranty not expressly stated herein.
- To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall MBNS and or its affiliates, group of companies within the Astro Group be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if MBNS has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use the Astro Gempak Website any changes to the Astro Gempak Website and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Astro Gempak Website or arising in connection with the fraudulent or unlawful acts of any third party.
10.5 You specifically agree that MBNS 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.
10.6 If you are dissatisfied with the Astro Gempak Website, the materials available on or through the Astro Gempak Services, Astro Gempak Website or with the provisions of this TOU & Notices, you agree that your sole and exclusive remedy is to discontinue using Astro Gempak Website and/or Astro Gempak Services.
10.7 MBNS will take reasonable measures to maintain the privacy and security of all private information provided by you to the Astro Gempak Website, but third parties (such as hackers) may breach or attempt to breach MBNS's security measures or may gain unauthorized access to the MBNS database or other equipment containing your information. You agree that MBNS 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 Astro Gempak Website or any other company equipment or user information.
10.8 Astro Gempak Website is controlled and offered by MBNS from its facilities in Malaysia. MBNS makes no representation that the Astro Gempak Website is appropriate or available for use in other locations. Those who access or use the Astro Gempak Website from other jurisdictions do so at their own violation and are responsible for compliance with local law of such country.
12.1 You agree to indemnify, defend and hold MBNS, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Astro Gempak Services and Astro Gempak Website harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from (a) your use of or conduct or access to and on the Astro Gempak Website; (b) your violation of any term of this TOU & Notice; (c) your violation of any third party right, including without limitation any copyright, property or privacy rights; or (iv) any claim that one of your User Generated Content caused damage to a third party. This indemnification obligation will survive these TOU & Notices and your use of the Astro Gempak Website.
12.2 The provisions of this paragraph are for the benefit of MBNS and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Astro Gempak Website. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
13.2 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 MBNS 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. MBNS has no responsibility or liability for any merchant or your relationship with such merchant.
- DISCLOSURE AND CONFIDENTIALITY
14.1 MBNS reserves the right to disclose any personal information about you or your use of the Astro Gempak Services and without your prior permission if MBNS 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 MBNS or its holding or affiliated company; (3) enforce this TOU; or (4) act to protect the interests of its members or others.
14.2 Any non-personal information or material sent to Astro by you will generally NOT be treated as confidential.
14.3 For further details on use and disclosure of your personal information please see our Policy and Privacy Notice.
INTELLECTUAL PROPERTY RIGHTS
15.1 Astro Gempak Content found on the Astro Gempak Website are protected by trademark, copyright, or other intellectual property laws and international treaties. Any unlawful use of the Astro Gempak Services and Astro Gempak Content found on the Astro Gempak Website is strictly prohibited, without without MBNS’s express and prior written consent. You agree that the Astro Gempak Content and Astro Gempak Services is intended only for personal viewing and that any reproduction or redistribution or recording of any from or format of the Astro Gempak Services, and Astro Gempak Content or any part thereof whether for commercial reasons or otherwise, is strictly prohibited by this TOU , and may result in severe civil and criminal penalties.
15.2 Further to paragraph 15.1 above, MBNS owns and retains all proprietary rights in the Astro Gempak Website and Astro Gempak Services. The Astro Gempak Website contains certain copyrighted material, including links and compilations of individual date, trademarks, and other proprietary information of MBNS, our Members, and our licensors and you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary materials or information without our express written consent in each case.
15.3 Elements of the Astro Gempak 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.
15.4 No logo, graphic, sound or image from this Astro Gempak Website may be copied or retransmitted unless expressly permitted by MBNS.
GRANT OF LICENSE AND RESTRICTIONS.
15.5 You acknowledge and agree that the Astro Gempak Website and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. MBNS reserves all rights not expressly granted herein, including without limitation ownership and proprietary rights.
15.6 The Software is made available for downloading solely for use by you for your individual, non transferable, non-exclusive and non-commercial use, in connection with the Astro Gempak Services. The Software is made available solely for use by you in accordance with the terms of this TOU and the terms of applicable Licence Agreement which accompanies or is included with the Software. You may not install or use any part of the Software unless you first agree to the terms of this TOU and any License Agreement.
15.7 The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
15.8 You may not copy the Software to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Software, except insofar as such restriction is prohibited by law.
15.9 Any reproduction or redistribution of the Software not in accordance with this TOU & Notices and any License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
15.10 The Software is provided "as is," and MBNS hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
TRADEMARKS AND THIRD PARTY MATERIALS.
15.11 MBNS reserves all rights in its corporate names, service marks, logos, trade names, trademarks, Astro Gempak Website 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 Astro Gempak Website may be marks of third parties that are not affiliated with MBNS. MBNS does not control or endorse the content of third party websites.
- ASTRO GEMPAK MOBILE DOWNLOAD SERVICE
16.1 From time to time, MBNS may provide you with the Astro Gempak Mobile Download Service.
16.2 You agree that you will be subject to an additional premium short messaging services (“SMS”) charge for any mobile downloads. Such charges shall be made known to you on the Astro Gempak Mobile Download Service from time to time.
16.3 The charges stipulated in clause 16.2 will be in addition to the standard fee charged by your mobile phone operator.
16.4 MBNS 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 MBNS and/or resulting from participation or the downloading of any materials from the Astro Gempak Mobile Download Service.
16.5 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 Astro Gempak Mobile Download Service, you are advised to read carefully before downloading any item. MBNS 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 16.2 above shall still apply under such circumstances.
16.6 If you are under the age of eighteen (18), you must seek parental and/or guardian approval before downloading the mobile downloads from the Astro Gempak Mobile Download Service. MBNS considers it the responsibility of parents and/or guardian to monitor their children(s) use of the Astro Gempak Mobile Download Service.
17.1 This TOU & Notices are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and MBNS regarding this TOU & Notices will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defences to jurisdiction. You agree that the Astro Gempak Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by MBNS in and from Malaysia.
17.2 This TOU & Notices contain the entire understanding between the parties hereto with respect to the Astro Gempak Website, and supersedes all previous oral or written agreements or understandings between you and MBNS, and no advice or information, whether oral or written, obtained by you from this Astro Gempak Website (whether before or after the date you accept this TOU& Notices) shall create any obligation or warranty on the part of MBNS not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by MBNS, third-party content, third party website or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TOU & Notices.
17.3 MBNS's performance of this TOU & Notices is subject to existing laws and legal process, and nothing contained in this TOU & Notices is in derogation of MBNS's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Astro Gempak Website or information provided to or gathered by MBNS with respect to such use.
17.4 If any provision of this TOU & Notices is held invalid, the remainder of this TOU & Notices will continue in full force and effect, and if any provision(s) of the TOU & 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 & Notices shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU & Notices and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
17.5 MBNS's failure to insist upon or enforce strict performance of any provision of this TOU & Notices shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by MBNS in writing.
17.6 Notices to you shall not be modified, except by an express modification by MBNS 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 Astro Gempak Website.
17.7 You may not assert any claim against MBNS in connection with the Astro Gempak Website unless you have given MBNS 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 Astro Gempak Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
17.8 MBNS 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.
17.9 Should you have any questions concerning this TOU or this Astro Gempak Website, please contact us at email@example.com