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This website (this “Site”) is operated by Indochine Media Ventures Sdn Bhd (“IM”, “we”, “our”, “us”) in conjunction with others pursuant to contractual arrangements.
YOUR RIGHT TO ACCESS THE CONTENT ON THIS WEBSITE AND TO USE THE SERVICES PROVIDED VIA THIS WEBSITE ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. ANY BREACH OF THE TERMS AND CONDITIONS SET FORTH BELOW IMMEDIATELY TERMINATES SUCH RIGHTS.
Please note that we reserve the right at any time to change the terms and conditions set forth below. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting notice of such changes on this website. Your continued use of this website after such notice is evidence of your acceptance of all such changes.
We also reserve the right to limit the availability of this website and/or the provision of any content, service, or product described herein to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, service, or product(s) that we may provide.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your activity on this Site.
Registration
To use some of the services or features made available to you on this Site, you will need to register. We may change registration requirements from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Registration is not available for persons 13 years of age or younger. Your registration may be terminated without warning if we believe that you are under 13 years of age. Should any of your registration information change, please notify us immediately at the following email address IT@imv.com.sg
If you register, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another person at any time or to disclose your password to any third party. You agree to notify immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
Content
The content provided on this website, including any software, HTML code, data, text, graphics, images, audio and video clips, logos, icons and links (collectively, the “Content”) and any and all intellectual property rights therein are and shall remain at all times the property of IM or its licensors or suppliers. You may download and use the Content for your personal, non-commercial use. You may not resell or commercially exploit the Content, nor may you download or copy Content for the benefit of a third party or use this Site or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. Any use of data mining, robots, or similar data gathering and extraction tools is expressly prohibited. You may not frame or utilise framing techniques to enclose any Content without the express written consent of IM or its licensors. Any unauthorised use of Content immediately terminates your right to access the Content of this website.
Although IM strives to provide Content that is accurate, the nature of the data and other information contained on this Site is subject to frequent change. Accordingly, although IM endeavours to use reasonable care in assembling the Content, the Content may not be up-to-date, accurate or complete. In addition, IM cannot guarantee that technical difficulties will not occur during the uploading of the Content to your computer or that the Content will upload successfully to your computer.
Descriptions or images of, or references to, products, services, persons or entities on this Site do not imply IM’s endorsement of such products, services, persons or entities. In addition, portions of the Content have been contributed to this website by various third parties. The inclusion of such content does not indicate any approval or endorsement thereof by IM. IM reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice.
Links To Third-Party Sites
We may include hyperlinks on this Site to other websites or resources operated by parties other than IM, including advertisers. IM has not reviewed all of the sites linked to its Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
Disclaimers
THIS WEBSITE, THE CONTENT, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, THE SERVER(S) ON WHICH THIS WEBSITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS WEBSITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF CRM OR ITS AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THIS WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CRM SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CRM, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED TO OR FROM, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. CRM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY HYPERLINKED SITE, AND CRM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THIS WEBSITE AND ANY CONTENT PROVIDED ON THIS WEBSITE ARE ENTIRELY AT YOUR OWN RISK.
Limitation Of Liability
NEITHER IM NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE AND/OR MATERIALS CONTAINED ON THIS WEBSITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THIS WEBSITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO CRM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THIS WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree fully to defend, indemnify and hold harmless IM immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these terms and conditions by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
Our Relationship
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and IM as a result of these terms and conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of IM, and we shall not be liable for any representation, act, or omission on your part.
Entire Agreement
These terms and conditions (as amended from time to time) constitutes the entire agreement between you and IM regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and IM in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of these terms and conditions, these terms and conditions shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these terms and conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these terms and conditions.
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
No Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Governing Law
These terms and conditions together with all our policies and procedures are governed by and construed in accordance with the laws of Malaysia applicable to contracts entered into and to be fully performed in Malaysia, without giving effect to conflicts of laws principles and you irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.
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