Terms of Use1. Agreement By proceeding further, you agree to be bound by the terms and conditions of this website located at the URL http://m.botsmax.com OR http://www.botsmax.com ('Website'). Please read them carefully and if you do not agree with them, please do not register as a member or continue to use this Website. In these terms and conditions, 'you', 'your' and 'yourself' are a reference to you as a user and/or member of the Website; 'Service' is a reference to the BOTS services on the Website; and 'member' is a reference to a registered user of the Service on the Website. These terms and conditions apply to the entire Website and the Service and to any correspondence between BOTS and yourself and are subject to change by BOTS at any time without prior notice to you. Your agreement and subsequent use of the Website indicates your acceptance of the current terms and conditions without modification and as amended from time to time, regardless of whether or not you choose to register as a member of the Service. Please note that on completion of the online registration on the Website, your membership will be activated and you will have entered into a legally binding agreement with BOTS for the provision of the Service. 2. Eligibility Your use of the Website and/or Service is subject to your representation and warranty to BOTS that: (i) all the information you provide during the online registration is accurate, complete and truthful; (ii) you shall at all times maintain the accuracy, completeness and truth of such information; (iii) you are either 18 years of age (or older) or that you are under 18 years of age but are using the Website and the Service with the involvement or the permission of your parent or guardian; and (d) your use of the Website and/or the Service does not violate the laws of Malaysia or other applicable jurisdiction. 3. Range of Service To register as a member, you need to subscribe to BOTS Top Up Service at the cost of RM2 per top up, 1-2 top up per week. You will get 200 Gold Points for every top up. Besides, you may subscribe to BOTS Video (BV) Pass Service at the cost of RM2 per pass, 1-2 pass per week. You will get 2 FREE videos for every pass. If you are a first time member, you will enjoy a 7-days free trial period during which you may use the Service for free ('Free Trial Membership'). Please note that during your Free Trial Membership, you do not have full access to all the services enjoyed by a paid member. After your Free Trial Membership ends, you may continue to become a paid member at the cost of RM2 each for both BOTS Top Up Service and BOTS Video Service. Unless you terminate your Free Trial Membership by unsubscribing the respective service(s) before it ends, you will automatically be made a paid member at the end of your Free Trial Membership. As a member, BOTS gives you the ability to participate in a range of features and services available within the Service. Some of these features and services may be subject to additional charges which shall be imposed on you. In order to access these additionally charged features, you must purchase or subscribe to them separately. The features and/or services available within the Website and the Service may change from time to time without prior notice to you. In addition, BOTS may stop (permanently or temporarily) providing any or all of the features and/or services within the Service to you without prior notice. BOTS reserves its right to limit your use of the Website and/or Service without prior notice. The Website and the Service may include advertisements, the type and extent of which are subject to change from time to time. You acknowledge and hereby agree that BOTS and its affiliates may place such advertising on the Website and/or Service. The placement of such advertisements does not imply any endorsement by BOTS of the products or services promoted by such advertisements, offers, marketing materials and/or promotions. You further acknowledge and hereby agree that BOTS may, from time to time, send you messages including, but not limited to, notifications, advertisements, offers, marketing materials and/or promotions, in connection with the Website and/or Service. You may control the communications you receive from BOTS by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained in the messages. 4. Duration, Expiry, Suspension and Termination The Service commences on your completion of the online registration on the Website and will remain in full force and effect until terminated in accordance with these terms and conditions. You may terminate your membership or any of the additional subscribed services at any time, for any reason, effective upon BOTS's receipt of your notice of termination by: (i) typing STOP BOTS (or any other STOP instructions as stated in the HELP page) and SMS to 27117; and/or (ii) emailing your notice of termination at [email protected]. BOTS may, in its sole discretion, either: (i) temporarily block or suspend your access to all or part of the Website or the Service and/or remove any or all the contents in your account; or (ii) immediately terminate your membership and your access to the Service, at any time in the event that you breach these terms and conditions. BOTS will send you a notice of suspension or termination via: (a) SMS notification; and/or the email address you provided BOTS in your online registration on the Website or such other email address as you may later provide to BOTS. If BOTS terminates your membership of the Service due to your breach of these terms and condition, BOTS will not refund any payments made by you. In any event, BOTS may terminate this Agreement at any time for any reason other than a breach of these terms and conditions by giving you reasonable advance written notice. In addition, BOTS may deactivate the accounts of members who have not used the Service for a period of six (6) months or more (as calculated by the date of last connection to the Service). 5. Content · Any material that you transmit or post on the Website or through the Service shall be considered non-confidential and non-proprietary. BOTS will have no obligations with respect to such material. BOTS and BOTS's designees shall be free to copy, disclose, distribute, reproduce, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. · BOTS may (but shall be under no obligation to) monitor, control, review and delete any content, emails, Instant Messenger conversations, photos, profiles and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Website or through the Service (collectively, 'Content') that in BOTS's sole discretion consider to be in breach of these terms and conditions and/or consider as offensive, illegal, or that might harm, endanger, or violate the rights of members. · You shall be solely responsible for the Content that you post on the Website or Content you transmit to other members using the Service, and for any consequences thereof, including without limitation, the use of the Content by others and BOTS's third party partners. You agree that the Content is accurate, complete and truthful, not in breach of this Agreement, and not harmful and/or detrimental to any user in any way. BOTS does not endorse, support, represent or guarantee the accuracy, availability, completeness, reliability or truth of the Content or communications posted on the Website and/or though the Service or endorse any opinions expressed on the Website and/or through the Service. You understand that by using the Website and/or the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. BOTS shall not in any way be liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Website and/or the Service or broadcast elsewhere. · You shall not include in your member profile or photos, any telephone numbers, street addresses, or email addresses. · Membership of BOTS gives you the ability to create one member profile only. You shall not create multiple profiles. · The following is a non-exhaustive list of the kind of Content which shall be prohibited on the Website and through the Service. BOTS reserves the right to amend this list at any time. The prohibited Content includes, without limitation, Content which: (i) is considered offensive by BOTS; (ii) promotes racism, bigotry, hatred, harassment, or physical harm of any kind against any group or individual; (iii) constitutes a profile or photographs of any third person used by you without their permission. In addition, profile photos must not contain any person other than yourself; (iv) is of an animation, cartoon or illustration; (v) contains images of animals, scenery or objects of anything other than your current self. This clause does not apply to Gallery photos; (vi) is sexually explicit or contains sexual references and/or innuendo; (vii) involves the transmission of unsolicited mass mailing, chain letters or junk email; (viii) promotes or provides information that you know is false or misleading. The information that you provide must be accurate, complete and true; (ix) promotes, or provides information about, illegal activities or conduct; (ix) is abusive, threatening, obscene, defamatory or libelous; (xi) is an unauthorized copy of another person's copyrighted works, trademarks, or other intellectual property or proprietary works; (xii) contains restricted or password only access pages, or hidden pages or images; (xiii) contains pictures of people under the age of 18 (even if they are your children); (xiv) provides material which exploits persons under the age of 18, or is used to solicit information from persons under the age of 18; (xv) solicits passwords or personal identifying information from other users or members; (xvii) pertains to group sexual activity or soliciting contact for the purpose of extra marital (martial, de facto or relationship) encounters or affairs. 6. Prohibited Activities BOTS may (but shall be under no obligation to) investigate if you have misused the Website and/or the Service, or behave in a way, which BOTS regards as inappropriate, unlawful or illegal. The following is a non-exhaustive list of prohibited activities which you shall not engage in with respect to the Website and/or Service. BOTS reserves the right to amend this list at any time. The prohibited activities include, without limitation: (i) sending or posting or distributing materials, which constitutes or encourages conduct that would be considered a criminal offence in Malaysia or any other country in the world. (ii) sending or posting or distributing materials, which infringes the rights of any third party. (iii) sending, posting, distributing or reproducing in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior consent of the owner of such proprietary rights. (iv) impersonating any person or entity. (v) harassing any other person. (vi) soliciting money from any other person. (vii) express or imply that any statements you make are endorsed by BOTS without BOTS's specific prior written consent. (viii) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or the Service. (ix) "frame" or "mirror" any part of the Website and/or the Service, without BOTS's prior written authorization. (x) use code or other devices containing any reference to BOTS, the Website and/or the Service to direct persons to any other website and/or service. (xi) Except and only to the extent permitted under applicable law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of Website and/or the Service or any software used on or for the Website and/or the Service or cause others to do so. 7. Security and Access You are solely responsible for maintaining the confidentiality of your Service login username and/or password and the safety and security of any computer, mobile phone and/or any other equipment and/or hardware you use to access the Website and the Service. You are fully responsible for all activities that occur under your Service login username and/or password. You agree to immediately notify BOTS of any unauthorized use of your Service login username and/or password or any other breach of security, and ensure that you exit from your account at the end of each session. BOTS will not be liable for any loss or damage arising from your failure to comply with this clause. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Service login username and/or password or other personal information. While BOTS endeavors to ensure that the Service is normally available 24 hours a day, BOTS does not guarantee that it will be uninterrupted or error free. Access to the Website may be suspended temporarily and without notice in the event of system failure, maintenance or repair or for reasons beyond BOTS's control. BOTS may at any time request for some form of identification to establish the creditability of a member account or its contents. 8. Intellectual Property BOTS owns and retains all proprietary rights in the Website and the Service (excluding any Content posted on the Website by You and/or other members). BOTS materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without BOTS's written permission. You may not post, distribute, or reproduce in any way any copyright works, trademarks, or other intellectual property or proprietary works without obtaining the prior written consent of the owner of such copyrighted works, trademarks, or other intellectual property or proprietary information works. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website and/or Service in a way that constitutes copyright or any other intellectual property right infringement, please contact BOTS at the address below. You retain your rights to any Content you submit, post or display on or through the Website and/or the Service. By submitting, posting or displaying Content on or through the Website and/or the Service, you grant to BOTS a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content or any part thereof in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for BOTS to make such Content available to other companies, organizations or individuals who partner with BOTS for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to these terms and conditions. Such additional uses by BOTS, or other companies, organizations or individuals who partner with BOTS, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Website and/or the Service. BOTS may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You understand that your Content may be rebroadcasted or redistributed by BOTS's partners and if you do not have the right to submit Content for such use, it may subject you to liability. You represent and warrant that you have all the necessary authorizations, consents and/or approvals to grant the rights granted herein to any Content that you submit. You agree that BOTS shall not be responsible or liable in any way for any use of your Content by BOTS in accordance with these terms and conditions. 9. Privacy Use of the Website and/or the Service shall be governed by BOTS's Privacy Policy. Some of the features and services available to you within the Website and/or Service may require BOTS to temporarily access your account with a third party website and/or service ('Third Party Account'). By using the Website and/or Service, you hereby fully authorize BOTS to access your Third Party Account. You also represent to BOTS that you have obtained all the necessary authorizations, consents and/or approvals in respect of BOTS's access to your Third Party Account. You agree that BOTS shall not be responsible or liable in any way for any breach of any conditions and/or terms of use on your part in connection with BOTS's access to your Third Party Account. 10. Disclaimers The Website and the Service and the Content therein is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, BOTS provides you with the Website and the Service on the basis that BOTS excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to the Website and/or the Service. BOTS does not represent or endorse the accuracy, completeness, reliability or truth of any advice, opinion, statement or other information displayed, uploaded or distributed on the Website and/or through the Service by BOTS, BOTS's partners or any member or any other person or entity. You acknowledge that any reliance upon such opinion, member profile, advice, statement or information is at your own risk. BOTS shall not be responsible for the conduct, whether online or offline of the members of the Service. Please use caution and common sense when using the Website and the Service. The Service may contain links to third party websites and/or services ('External Links'). BOTS shall not be responsible or liable for: (i) the accuracy, availability, completeness, reliability and truth of such External Links; or (ii) the content, products or services on or available from such External Links. Links to such External Links does not imply any endorsement by BOTS of such External Links or the content, products or services available from such External Links. You acknowledge and hereby agree to assume all responsibility and risk arising from or in connection with your use of the External Links. 11. Limitation on Liability Subject to any liabilities that may not be limited by law, BOTS, and any related company, will not be liable or responsible to you or any third person for any amount or kind of loss or damage which may result (including without limitation, any direct, indirect, punitive consequential or exemplary losses or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence), contract or otherwise) arising from or in connection with the Service, this Website or any BOTS events developed, staged, managed or outsourced by BOTS in any way or in connection with the use, inability to use or the results of use of this Website. Subject to the foregoing, BOTS's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the aggregate amount paid, if any, by you to BOTS for the Service. 12. Customer Support BOTS provides assistance and guidance through its customer support representatives. If BOTS feels that your behaviour towards any of BOTS's customer support representatives or other employees is at any time threatening or offensive, BOTS reserves the right to immediately terminate your membership and you will not be entitled to any refund. 13. Contact Information If you have any questions about the rights and restrictions above, please e-mail [email protected]. 14. General BOTS may, in its sole discretion, alter and/or amend these terms and conditions at any time without providing you prior notice of any such alteration or amendment. By continuing to access or use the Website and/or the Service after such alteration or amendments, you agree to be bound by such altered or amended terms and conditions. In the event that you have any claim or action against any other member arising from that member's use of the Website and/or the Service, you agree to pursue such claim or action independently of and without any demands from BOTS, and you release BOTS from all claims, liability and damages, arising from or in any way connected with the claim or action. If a claim or action is brought against BOTS from your activities or use of the Website or the Service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend BOTS in the claim or action. You also agree to cooperate as fully as reasonably required in the defense of any claim and allow BOTS to assume the exclusive defense and control of the matter. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. BOTS may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations under these terms and conditions. You agree that no partnership, joint venture, employment, or agency relationship exists between you and BOTS as a result of these terms and conditions or use of this Website. You shall be solely responsible for your interaction with other members. BOTS reserves the right, but has no obligation, to monitor disputes between you and other members. You agree that the laws of Malaysian courts will govern any disputes arising from or in connection with the Website and the Service. These terms and conditions, accepted upon your use of the Website and further affirmed by becoming a member of the Service, contains the entire agreement between you and BOTS regarding the use of the Website and/or the Service. If any provision of these terms and conditions is held invalid, the remainder of these terms and conditions shall continue in full force and effect. |
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