Terms of Use
TERMS OF USE
Welcome to 8TV.COM.MY, which is provided by ALT MEDIA SDN BHD (Company No. 272025 V) (hereinafter referred to as “ALT MEDIA”). These Terms of Use govern your use of the websites, content, software and services offered through 8TV.COM.MY (collectively, 8TV.COM.MY).
YOUR AFFIRMATIVE ACT OF USING 8TV.COM.MY SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE, YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN THE 8TV.COM.MY PRIVACY POLICY, AND YOU CONSENT TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD LEAVE THIS SITE IMMEDIATELY.
By accessing and browsing the Site, you as the user accept without qualification, the terms of use set out below:
(A) GENERAL
1. This Site is owned and operated by ALT MEDIA. Modification of any material from this Site or use for any other purpose is a violation of ALT MEDIA’s copyright and other proprietary rights. Use of any such material from this Site on any other web site or computer environment is prohibited. Material from this Site or any other web site owned, operated, licensed or controlled by ALT MEDIA may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner.
2. All names, symbols, logos and marks appearing in this Site, except as otherwise noted, are trademarks owned or used under license by ALT MEDIA or its affiliates. The use of these trademarks or any other material on this Site is prohibited.
3. The User is also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including without limitation, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greeting card and/or unlicensed merchandise. The prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
4. You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively, “Messages”) to bulletin boards, chat rooms or other public areas within or in connection with, this Site (collectively, “Forums”). However, ALT MEDIA accepts no responsibility whatsoever in connection with or arising from such Messages. [how about our ability to be able to edit, censor, take down such messages etc]
(B) USER’S RESPONSIBILITIES
1. The User agrees not to use the 8TV.COM.MY to :
a. upload, post otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other material (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
d. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
e. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, including but not limited to 8TV.com.my and/or ALT MEDIA, their employees and agents;
f. encourage conduct that would constitute a criminal offence, or that gives rise to civil liability;
g. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through 8TV.COM.MY or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
h. upload, post or otherwise transmit any Content that the User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements) ;
i. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary rights of any party;
j. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
k. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
l. interfere with or disrupt 8TV.COM.MY, its servers or networks connected to 8TV.COM.MY, or disobey any requirements, procedures, policies or regulations of networks connected to 8TV.COM.MY;
m. use 8TV.com.my in a manner that could damage, damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of 8TV.COM.MY;
n. attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means;
o. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Kuala Lumpur Stock Exchange, any rules of any national or other securities exchange without limitation and any regulations having the force of law;
p. "stalk" or otherwise harass another;
q. collect or store personal data about other users;
r. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
s. use any service (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond 8TV.COM.MY’s website community;
t. engage in commercial activities on 8TV.COM.MY without 8TV.COM.MY’s express approval. This includes, but is not limited to, the following activities:
(i) offering for sale any products or services;
(ii) soliciting for advertisers or sponsors;
(iii) conducting raffles or contests that require any type of entry fee;
(iv) displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services ; and
(v) displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
(u) exploit or in way use, whether or not for any form of personal gain and/or business, any of the content on 8TV.COM.MY unless specifically consented to, permitted or allowed by these Terms of Use or 8TV.com.my
2. 8TV.COM.MY may take any legal and technical remedies to prevent the violation of these provisions and to enforce these Terms of Use.
(C) CHANGES TO THE TERMS OF USE
8TV.COM.MY reserves the right, at its sole discretion to change these Terms of Use at any time. The User may review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages. The User is responsible for checking these terms periodically for changes. If the User continues to use 8TV.COM.MY after changes are posted to these Terms of Use, the User is deemed to have accepted the new terms.
(D) REGISTERED USERS
Certain enhanced services, such as e-mail or online calendars, are available only to registered users of 8TV.COM.MY and require you to sign in with a screen name to use them. Your use of these enhanced services as a registered user of the 8TV.COM.MY will be subject to the Registered User Terms of Service.
(E) ADDITIONAL TERMS
Certain areas of 8TV.COM.MY, such as sites where you can upload or download files, may include usage guidelines and rules that will supplement these Terms of Use. By using those services on 8TV.COM.MY, you agree to comply with such guidelines and rules.
(F) ELECTRONIC DELIVERY POLICY AND USER’S CONSENT
You agree that we may provide to you required notices, agreements and other information concerning 8TV.COM.MY electronically. We will post the notices on the home page of 8TV.COM.MY or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of 8TV.COM.MY.
Privacy and Collected Information (“Privacy Notice”; “Privacy Policy”)
"Personal Information" means information that may be used to identify an individual, including, but not limited to, first and last name, date of birth, email address, pictures, phone number, other contact information, website usage preferences, and hobbies. You may be asked to provide Personal Information when you use our website especially during registration. In addition, when you interact with our servers we may keep an activity log unique to you that collects certain administrative and traffic information including: source IP address, time of access, date of access, web page(s) visited, language use, and type of browser used.
Means of Collecting and Processing Data
We may automatically collect certain data as discussed above and receive Personal Information about you where you provide such information through the Website or other communications and interactions with us.
Information Use
The Personal Information you provide will help our team deliver user support (including processing any complaints or enquiries) and for any other purpose related to the operation of our websites, its services and its advertising.
Passing on Your Data to Third Parties
· We will not sell, lease or share your Personal Information except as set forth in this Privacy Notice.
· Where you have elected to receive promotional information, we may also use your Personal Information (including your email address and phone number) to provide you with information regarding any products, services and promotions offered by us and selected third parties that may be of interest to you.
· You may choose to receive promotional communications by clicking 'contact by email' at the registration page.
· We employ other companies and individuals to perform functions on our behalf, for example analyzing data, and providing marketing assistance. They have access to personal information but are restricted to aggregating this information solely for the job functions listed above. They must process the personal information in accordance with this Privacy Policy.
Accessing and Updating Your Personal Information
If you do not want us to share your Personal Information with any third party, or wish to access, review, rectify, or delete your Personal Information collected by us via this Web site, please contact us at contactus@altmedia.my All requests must include the following information: first name, last name, and e-mail address. While we will make reasonable efforts to accommodate your request, we also reserve the right to impose certain restrictions and requirements on such access requests, if allowed or required by applicable laws.
Please note that any opt-out process may take up to thirty (30) days to complete
Modifications To This Privacy Policy
We reserve the right to change this Privacy Policy at any time by posting revisions on this web page. Such changes will be effective upon posting.
Please note that this Web site may contain links to other Web sites that have their own privacy policies and practices. While we will employ commercially appropriate procedures to help ensure that your Personal Information is only used for authorized purposes as described above, we cannot make any guarantees with respect to the actions or policies of such third parties.
(H) CHANGES TO 8TV.COM.MY
1. 8TV.COM.MY may discontinue or change any service or feature on 8TV.COM.MY at any time and without notice.
2. 8TV.COM.MY assumes no responsibility for the timeliness, misdelivery, deletion or failure to store Chat sessions or Forum postings.
(I) ACCESS COSTS
You must provide at your own expense the equipment and Internet connections that you will need to access and use 8TV.COM.MY. You are solely responsible for any costs you incur to access 8TV.COM.MY through any wireless or other communication service.
(J) PROPRIETARY RIGHTS
8TV.COM.MY, it’s suppliers and users who lawfully post text, messages, information, software, images, audio and video ("Content") on 8TV.COM.MY own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. The look and feel of our color combinations, button shapes, and other graphical elements on 8TV.COM.MY are our trademarks.
(K) LICENSE TO USE 8TV.COM.MY
You may use 8TV.COM.MY and the Content offered on 8TV.COM.MY only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of 8TV.COM.MY or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
(L) CONTENT POSTED BY USER TO PUBLIC AREAS
Certain areas of 8TV.COM.MY may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on 8TV.COM.MY that you created or that you have permission to post. You may not post Content that violates these Terms of Use. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of 8TV.COM.MY, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.
(M) NO DUTY TO MONITOR
1. The User hereby agrees that 8TV.COM.MY is not liable for Content that is provided by others. 8TV.COM.MY is under no duty to pre-screen Content, but 8TV.com.my has the right to refuse to post or to edit submitted Content. 8TV.COM.MY reserves the right to remove Content for any reason, but 8TV.COM.MY is not responsible for any failure or delay in removing such material.
2. 8TV.COM.MY reserves the right, for any reason to remove without notice any Forum posting but has no obligation to delete any content which any of the User may find objectionable.
3. The User agrees that any Message whatsoever submitted by the User becomes the property of 8TV.COM.MY and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as 8TV.COM.MY sees fit at its absolute discretion.
(N) PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on 8TV.COM.MY in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement.
(O) THIRD PARTY SITES; ADVERTISERS
8TV.COM.MY may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that 8TV.COM.MY endorses these third party sites or services. The User hereby acknowledges and agrees that 8TV.COM.MY is not responsible or liable for any Content or other materials on these third party sites. Any dealings that the User may have with advertisers found on 8TV.COM.MY are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
(P) DISCLAIMER OF WARRANTIES
1. 8TV.COM.MY is provided on a as is basis, with all faults and as available. 8TV.COM.MY and its suppliers make no express warranties or 8TVrantees about 8TV.COM.MY. TO THE EXTENT PERMITTED BY LAW, 8TV.COM.MY AND ITS SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT 8TV.COM.MY AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH 8TV.COM.MY ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT 8TVRANTEE THAT 8TV.COM.MY WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT 8TVRANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF 8TV.COM.MY, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT 8TVRANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE 8TV.COM.MY (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A 8TV REPRESENTATIVE SHALL CREATE A WARRANTY.
2. THE USER AGREES THAT IN THE EVENT THAT 8TV.COM.MY and/or ALT MEDIA, OR ANY OF THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THE LIKE, ARE MADE LIABLE FOR ANY LOSS OR DAMAGES RESULTING FROM ANY INFRINGEMENT OF COPYRIGHT OR OTHER PROPRIETARY RIGHTS, OR FROM OTHER HARM ARISING FROM YOUR UPLOADING OR DISTRIBUTION OF CONTENT, YOU WILL INDEMNIFY 8TV.COM.MY and/or ALT MEDIA, OR ANY OF THEIR AFFILIATES FOR ALL SUCH LIABILITY AND ITS LEGAL COST ON FULL INDEMNITY BASIS.
(Q) LIMITATION OF LIABILITY
8TV.COM.MY AND/R ALT MEDIA and/or OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON 8TV.COM.MY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF 8TV.COM.MY AND/OR ALT MEDIA AND/OR OUR SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
2. A User who uses, or makes decisions based on information contained in 8TV.COM.MY on any linked site (links to third party sites) does so at the User’s own risk. By accessing this Site or any linked site, the User agrees to hold 8TV.com.my and/or ALT MEDIA and its affiliates harmless against any claims for damages arising from any decisions that the User makes based on such information.
3. Information contained in this Site, is provided “as is” and “as available” and without warranties of any kind either express or implied. 8TV.COM.MY does not warrant that the functions contained in the materials will be uninterrupted or free from errors, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. 8TV.COM.MY and ALT MEDIA disclaims liability for and does not warrant or make any representations regarding the use, interpretation or results of the use of materials in this Site in terms or their correctness, accuracy, timeliness, reliability or otherwise.
(R) INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify, and hold harmless 8TV.COM.MY AND/OR ALT MEDIA and/or other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of 8TV.COM.MY. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
(S) INTERNATIONAL USE
We make no representation that Content on 8TV.COM.MY is appropriate or available for use in locations outside Malaysia, and accessing it from territories where the Content is illegal is prohibited. If you choose to access 8TV.COM.MY from a location outside Malaysia, you do so on your own initiative and you are responsible for compliance with local laws.
(T) CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
1. As this Site is operated by 8TV.COM.MY from within Malaysia, these terms of use shall be governed by and enforced in accordance with the laws of Malaysia and the User agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
2. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE:
(a) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN;
(b) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN MALAYSIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND
(c) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN MALAYSIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
(U) SEVERABILITY AND INTEGRATION
This contract and any supplemental terms, policies, rules and guidelines posted on 8TV.COM.MY constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
(V) TERMINATION
Your right to use 8TV.COM.MY automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connect
