ASTRO ARENA WEBSITE TERMS OF USE AND NOTICES
This Terms of Use and Notices was last updated on the 3rdof August 2010
INTRODUCTION
www.arena.my is a Malaysian sports website focused on both local and international sports news content. The services offered by Arena includes Arena Website, the Arena Internet messaging service, and any other features, content, or applications offered from time to time by Arena (collectively "Arena Services" which are further defined below). The Arena Services are hosted in Malaysia.
The Arena Services are operated by Astro Arena Sdn Bhd. By using the Arena Website you agree to be bound by these Terms of Use & Notices . In addition, if you are an individual who wishes to become a Member, communicate with other Members, and use of the Arena Services, you must read this TOU & Notices and indicate your acceptance of its terms by following the instructions on the "Registration" page, and checking the box labelled "I agree to Astro Arena's Terms Of Use & Notices." If you do not agree to these terms of use, you may not use the Arena Website.
Note that special terms apply to some services offered on the Arena Website, like rules for particular contests or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE SITE.
DEFINITIONS
In the TOU and Notices, unless inconsistent with the context or otherwise specified, the following expressions shall have the meanings set forth:
Arena Content" shall mean all the content managed and/or provided by Astro Arena and/or its content providers which includes without limitation all forms of text, graphics, video, audio , files, data, images, photographs, software, pictures, logos, video clips, video streaming, news, live feeds and information on demand content made available on or through the Arena Website.
Arena Mobile Download Service" means a selection of mobile downloads via the Arena Website and/or the Arena 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.
"Arena Profile" means a Member's personal information entered specifically for services on the Arena Website which comprises of "Private" and "Public" profile information as detailed out in Section 7.9(a) below.
"Arena Services" shall mean the provision of services such as personal accounts, online tools, premium content subscriptions, exclusive memberships, instant messaging, webcasting, streaming, embeddable players, mobile download services and other services created by Astro Arena from time to time.
"Arena Website" shall mean the website owned and/or operated by Astro Arena under the URL at www.arena.my containing the Arena Content and offering Arena Services.
"Astro Group" shall mean Astro All Asia Networks plc ("AAAN plc") and any person or entity controlled by, or under common control with AAAN plc. "Control" means ownership of shares carrying fifty percent (50%) or more of the votes exercisable at a general meeting (or its equivalent) of a company.
"Astro Arena" means Astro Arena Sdn Bhd
"License Agreement" shall mean the licence and terms and conditions for use of the Software
"Linked Website" shall mean links from the Arena Website to third party websites.
"Member" shall mean an individual who has completed the requisite information required for the relevant services on the Arena Website and "Membership" shall be construed accordingly.
"Member's Account" shall mean a person who has registered as a Member.
"Preview Content" shall mean Arena Content and selected User Generated Content that has been edited by Astro Arena and Posted on the Arena Website for the viewing and browsing benefit of visitors to the Arena Website.
"Policy" means the Arena Privacy Policy.
"Post" shall mean to publish, display, submit and/or upload.
"Software" means any software used in connection with the Arena Website developed by or licensed to Astro Arena, excluding Embeddable Player.
"Streaming" shall mean a contemporaneous digital transmission of an audiovisual work via the internet from the Arena 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.
"TOU" and "TOU & Notices" means this Terms of Use and Notice for the Arena Website and Arena Services managed by Astro Arena.
"Us" , "We", "Ours" means
"User Generated Content" shall mean contribution (including any text, links, photographs, graphics, video or audio or other data or information) Posted by an E-PASS Holder on the Arena Website.
"Webmaster Account" means an account maintained in the Arena Website to allow Astro Arena to organize the Arena Website structure, respond to the mails posted in the Webmaster Account and maintain the Arena Website up-to-date.
"You" and "Your" shall mean any user of the Arena Website or Arena Services.
PERSONAL DATA AND PRIVACY
To learn about how Astro Arena collects & protects your personal data, refer to the Policy. Any non-personal information or material sent to Astro Arena by you will generally NOT be treated as confidential.
1. ELIGIBILITY AND ACCEPTANCE OF TERMS - GENERAL
1.1 The use and access of the Arena Website is subject to this TOU & Notices. By accessing and using the Arena Website you agree to be bound by this TOU & Notices, and any notices (which term shall include guidelines and rules) which may be posted by Astro Arena on the Arena Website from time to time.
1.2 You agree that Astro Arena may modify and amend this TOU & Notices at any time without notice. You are responsible for regular reviewing of the Astro ArenaTOU & Notices posted on the Arena Website. By continuing to use the Arena Website, you are deemed to have agreed to be bound by any modifications and amendments to this TOU & Notices.
1.3 If you are under the age of eighteen (18), you must seek parental and/or guardian approval before accessing the Arena Website and/or use the Arena Services. Astro Arena considers it the responsibility of parents and/or guardian to monitor their children use of the Arena Website and Arena Services. Use of the Arena Website and membership in the Arena Services is void where prohibited. By agreeing to these terms or by using the Arena 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.
1.4 You can access the Arena Website home page and browse the Arena Website without disclosing your personal data. The service and links of the Arena Website may include links to third party websites and are subject to Clause 15 herein.
1.5 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.
2. ARENA WEBSITE
2.1 These TOU and Notices, unless stated as applicable to Members, apply to all visitors and users of the Arena Website.
2.2 The Arena Website may contain links to third party websites that are not owned or controlled by Astro Arena. Astro Arena has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Astro Arena will not and cannot censor or edit the content of any third-party websites. By using the Arena Website, you expressly relieve Astro Arena from any and all liability arising from your use of any third-party websites.
2.3 Accordingly, we encourage you to be aware when you leave the Arena Website and to read the terms and conditions and privacy policy of each other websites that you visit.
3. REGISTRATION, USE AND SECURITY
3.1 In order to access some features of the Arena Website, you will have to first register as a Member and hold a Member's Account. To register as a Member, you must provide the information required in the registration form posted on the Arena Website. You will need to provide a unique password and user ID upon completing the registration form. You are responsible for maintaining the confidentiality of the password and user ID, and are fully responsible for all activities that occur under your password or user ID whether or not actually or expressly authorized and/or used by You. You may be required to provide further information and complete registration forms as required to access some or all of the Arena Services on the Arena Website.
3.2 Astro Arena reserves the right to terminate any dormant Membership Account that has not been used for a period of six months or longer.
3.3 Information on the Arena Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Astro Arena may also make improvements and/or changes to the Arena Website and to the fees and rates for the Arena Services, at any time without notice.
3.4 You agree to: (a) provide true, accurate, current and complete information about yourself as prompted in the Member's registration form;(b) maintain and promptly update such registration data to keep it accurate, current and complete; and (c) you may never use another's account without permission. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Astro Arena suspects that such information is untrue, inaccurate, not current or incomplete, Astro Arena has the right to suspend or terminate your Member's Account and refuse any and all current or future use of the Arena Website (or any part thereof).
3.5 The Arena 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 Arena Website and assume all risk associated therewith.
3.6 The Arena Website may not be available to be accessed from all regions and countries of the world. Astro Arena reserves the right, in its sole and absolute discretion, to limit or terminate your ability to access the Arena Website from certain regions or countries, and you assume all risk associated with the accessibility of the Arena Services or Arena Website from any given region or country of the world.
3.7 Astro Arena reserves the right to limit or prohibit your entry into its Arena Website in its sole and absolute discretion and shall not be liable for such limitation or prohibition.
3.8 Organizations, companies and/or businesses may not become a registered member of the Arena Website and should not use the Arena Website or the Arena Services for any purpose. In addition, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your User Generated Content or Arena Profile or other content uploaded on the Arena Website for the purposes of extracting such information or other content.
4. USE OF CONTENT
4.1 All information, materials, functions and other content contained on the Arena Website are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Arena Website or delete the Arena Content or features at any time, in any way, for any or no reason.
4.2 Except as we specifically agree in writing, the Arena Content shall not be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Arena Website, except that where Arena Website is configured to enable the download of particular Arena Content, you may download one copy of such Arena 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 Arena Content, and (c) do not use the Arena 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 Arena Website is prohibited.
4.3 In the event that we offer downloads of software on the Arena Website and you download such software, the software, 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.
5. YOUR CONDUCT - GENERAL USE OF THE ARENA WEBSITE
5.1 You agree to use the Arena 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 Arena 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 Arena Website.
5.2 You agree to (a) notify Astro Arena immediately of any unauthorised use or any other breach of security, and (b) ensure that you exit from your Member's Account at the end of each session. Astro Arena cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
5.3 The Arena 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 Arena Website to any other party; or (b) make commercial use of the Arena Website without the express written consent of Astro Arena.
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 Arena Services. Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding on-line communication in the country in which you reside.
5.5 You may not use the Arena Website in any manner that could damage, disable, overburden, or impair the Arena Website (or the network(s) connected to the Arena Websites of Astro Arena or interfere with any other party's use and enjoyment of the Arena Services. You may not attempt to gain unauthorized access to the Arena Website and other Member's Accounts, computer systems or networks connected to the Arena 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 Arena Website.
5.6 You agree to be responsible for payment of all applicable charges incurred as a result of your use of the Arena 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 Arena Website, including but not limited to User Generated Content, without Astro Arena's prior written authorization.
5.8 You agree not to alter or modify any part of the Arena 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 Arena Content through any technology or means other than the embeddable player or other explicitly authorized means Astro Arena may designate.
5.10 You agree not to use the Arena Website, including the embeddable player for any commercial use without prior written authorization of Astro Arena.
5.11 Astro Arena reserves the right to discontinue any aspect of the Arena 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. Astro Arena 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.
6. YOUR 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 Arena Website.
6.2 The Arena 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 Astro Arena, subject to copyright and other intellectual property rights under the law. The Arena Content is provided to you "AS IS" for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, 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 Astro Arena. Astro Arena reserves all rights not expressly granted in and to the Arena Website and the Arena Content.
6.3 You may access certain Arena Content including the Preview Content only in a manner and subject to conditions as stated under this TOU & Notices. As a non-Member, you may not access any User Generated Content, except in so far as it is made available as part of the Preview Content by Astro Arena.
6.4 You agree not to engage in the use, copying, or distribution of any or all of the Arena Content other than expressly permitted herein, including any use, copying, or distribution of any part of the Arena Content for any commercial purposes.
6.5 You agree that when using the Arena Website, you may be exposed to User Generated Content from a variety of sources, and that Astro Arena 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, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Astro Arena with respect thereto, and agree to indemnify and hold Astro Arena, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed in law regarding all matters related to your use of the Arena Website.
7. YOUR USER GENERATED CONTENT AND CONDUCT
7.1 As a Member, you may have access to the User Generated Content but such access shall be solely:
a) for your information and personal use
b) as intended through the normal functionality of the Arena 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 Arena 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 Arena Services or otherwise as prohibited under this TOU & Notices.
7.3 As a Member, you may be invited to Post any User Generated Content on or to the Arena Website (including on or to your profile) and you agree, by submitting your contribution, to grant Astro Arena 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 each Member of the Arena Website a non-exclusive license to access your User Generated Content through the Arena Website, and to use such User Generated Content only as permitted through the functionality of the Arena Website as detailed in clause 7.1 above only under this TOU & Notices.
7.5 You understand and agree that Astro Arena 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 Astro Arena in User Generated Content is irrevocable.
7.6 Further to paragraph 7.3 above, by submitting your User Generated Content to the Arena Website, you
7.6.1 warrant that :
(a) your User Generated Content is your own original work or have the necessary license, rights, consents, and permissions to use and authorize Astro Arena to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content to enable inclusion and use of the User Generated Content in the manner contemplated by the Arena Website and these TOU & Notices and that you have the right to make it available to Astro Arena 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 Astro Arena all of the license rights granted herein;
(e) you shall indemnify Astro Arena against all legal fees, damages and other expenses that may be incurred by Astro Arena 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 Arena Website and the purposes specified above.
7.7 You understand that whether or not such User Generated Content is Posted, Astro Arena does not guarantee any confidentiality with respect to any User Generated Content.
7.8 Astro Arena does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and Astro Arena expressly disclaims any and all liability in connection with User Generated Content. Astro Arena does not permit activities which infringe intellectual property rights including copyright on its Arena Website, and Astro Arena will remove all infringing contents and User Generated Content upon notification that such User Generated Content infringes on another's intellectual property rights. Astro Arena further reserves the right to remove Arena Content and User Generated Content without prior notice.
7.9(a) Arena Profile : The Arena Services include services which allows Members to share or post Your own member profile, videos, articles or Arena Content including your User Generated Content that you post on the Arena Website (BUT NOT User Generated Content belonging to third parties/other Members) from and to third party sites, and/or links to third party sites, through the Arena Services and which allows Members to determine who may view their profile. These levels are: "Private, and "Public." As a Member, you may choose to allow your Arena Profile to be viewed by any visitor of the Arena Website and such access is categorised as "public." You should be aware that anyone who accesses the Arena Website, whether or not they are a Member, will be allowed to view all of the information in your public profile. Your public profile will be available to anyone, regardless of the level of access you have chosen for your full Arena Profile. WHEN CHOOSING THESE OPTIONS, PLEASE CONSIDER CAREFULLY THE LEVEL OF ACCESS YOU WISH TO ALLOW TO YOUR ARENA PROFILE, AS WELL AS WHETHER YOU WANT YOUR FULL NAME TO BE AVAILABLE TO THE GENERAL PUBLIC.
(i) Public Profile Information.
Regardless of what personal information you choose to include in your Arena profile, or what level of sharing of your profile you choose, certain information about every Member will be included in that Member's "public profile." A Member's public profile is an abbreviated version of the Member's regular Arena profile, containing the information listed below, which will be available to any user of the Arena Website, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each individual Member's public profile includes the following information about the Member:
· Name (first, or first and last, depending on which option the Member chooses)
· Username (the name that the user chooses to be identified as in Member-related pages and articles)
· Marital Status (or the Member's other response to this category of the Arena profile)
· People the Member is interested in meeting
· "Member Since" date
· The URL of the Member's Arena Profile
· Networks (a list of social networking sites which includes without limitation Friendster, Facebook and MySpace that user belong to with click-through links to these profile pages)
· Friends (list of Arena-member friends with click-through links to their pages)
· Photos (thumbnail list of Arena photos gathered from within the Arena site that user has saved from)
· News (list of news or gossip articles from the Arena Website that user has saved from)
· Comments (list of user's own comments to parts of Arena articles in which user has contributed to)
· Messages (text messages from other Arena friends and members)
(ii) Private Profile Information
On top of the public profile information, every Arena Member will be given access to a Private Profile page. This is accessible only by the Member. He/she will need to log into the Arena Website membership system (via Member's Account) to access this information. Each individual Member's private profile includes the following additional information about the Member:
· User's Malaysian NRIC number
· Date of Birth
· Mobile Phone Number
· Email address
(b) Removal of Content. You understand and agree that we may review and delete any User Generated Content that you include in your profile, or otherwise Post on any area of the Arena Website (which may include deleting your entire profile) at any time without notice and for any reason, and/or that we, in our sole judgment, believe (1) violates this TOU & Notices, (2) might be offensive or illegal, or (3) might violate the rights of, harm, or threaten the safety of any other Member.
(c) Member Identities. Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or another individual who is not you.
(d) Prohibited User Generated Content. Below is a partial list of the kind of User Generated Content that is illegal or prohibited on the Arena Website. Posting of any of this User Generated Content by you may, in our sole discretion, result in termination of your membership. In addition, 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 Arena 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 Arena 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, or (4) Arena Content which otherwise violates the terms of Section 7.9 ;
· 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 people you don't know to add you or accept you as a friend on the service.
· 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 Arena Website or the Arena Services. If so, neither we, nor any of our officers, directors, employees,affiliates shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Please see Section 12 below for further limitations on our liability.
(e) Further Restrictions on Your Use of the Arena Website and the Arena Service.
(i) You must use the Arena Website and the Arena Services in a manner consistent with any and all applicable laws and regulations.
(ii) Although Astro Arena cannot monitor the conduct of its Members off the Arena Website, it is a violation of this TOU & Notices to use any information obtained from the Arena Services or the Arena Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member and Astro Arena. In order to protect our Members from such conduct, we reserve the right to restrict the number of e-mails or other communications which a Member may send to other Members at any time and in our sole and absolute discretion.
(f) Copyright Protection Policy. If you believe that your work has been copied and Posted on the Arena 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 Arena Website, please write in to the Webmaster Account.
(g) Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members, and to take any action that we feel may be appropriate in our sole discretion, consistent with this TOU & Notices, including the termination of the membership of one or more Members.
8. ACCOUNTS
Some services on the Arena Website permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us vide our Webmaster Account of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Arena Website. In addition, you agree to exit from your account at the end of each session.
9. ACCOUNT TERMINATION/ACCESS RESTRICTION
9.1 Without limiting anything herein contained, Astro Arena reserves the right to suspend or terminate the Arena Website, your Member's Accounts and/or your use of the Member's Account at any time without notice and for any reason.
9.2 In addition to any termination rights Astro Arena may have under this TOU & Notices, Astro Arena may suspend or terminate your Member's Account, Membership and/or access to the Arena Website without notice and in its sole discretion if:
9.2.1Astro Arena ,shall in its sole and absolute discretion ceases to offer any free, trial, or promotional services, but such termination or suspension shall solely relate to such services; or
9.2.2 for inactivity, which is defined as failing to log into your Member's Account for an extended period of time, as specified in Section 3.2 above.
9.2.3 Astro Arena suspects fraudulent use (Fraudulent use of an account may include but is not limited to: (a) permitting access to your user ID and password to third parties, or (b) entering invalid or apparently invalid user information for your Member's Account, or (c) attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-trial-per-user limitation) of the Arena Website and/or your Member's Account ; or violations occur other than for copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.
9.2.4You materially violate this TOU & Notices or any notice posted from time to time on the Arena Website, any applicable law, rule or regulation relating to the use of the Arena Services; or
9.2.5 Any law, regulation, or governmental action renders all or any portion of the Arena Website(or your use of the Arena Services) unlawful or impracticable; or
9.2.6 Your use of your Member's Account or the Arena Website impairs or threatens to impair the integrity or functionality of Astro Arena network in any manner; or
9.3 You agree that Astro Arena shall not be liable to you or any third-party for any termination of your access to the Arena Astro Website, your Member's Account and/or Membership.
9.4 Astro Arena may remove such User Generated Content and/or suspend and/or terminate a Member's access for uploading such material in violation of these TOU & Notices at any time, without prior notice in its sole discretion.
9.5 You may terminate and close your Member's Account by e-mailing to the Webmaster Account and expressly state that you wish to terminate your Member's Account.
10. PUBLIC FORUMS AND COMMUNICATION
10.1 "Public Forum" means an area, site or feature offered as part of any Arena Website that offers the opportunity for users to distribute submissions for viewing by one or more Arena 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).
10.2 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.
10.3 You are and shall remain solely responsible for the submissions you distribute on or through the Arena Website and for the consequences of submitting and Posting the same. As we have no duty to monitor any comments, information, data or message Posted at the Public Forum, we will not have control on the information Posted at the Public Forum.
10.4 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.
10.5 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.
11. CONTENT ACCESSIBLE THROUGH LINKS FROM ARENA WEBSITE AND SEARCH RESULTS
11.1 You should be aware that when you are on the Arena Website, there are links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Arena Website or third-party content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
11.2 Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
12. DISCLAIMER & LIMITATION OF LIABILITY
12.1 Astro Arena makes no warranty that the Arena Website will meet your requirement or that the Arena Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the Arena Website or your Member's Account 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 Arena Website for the reconstruction of any lost data. All use of the Arena Website is at your own risk and you are solely responsible for all damages resulting therefrom.
12.2 WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE ARENA WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE ARENA WEBSITE OR THE SERVICE, ANY USER GENERATED CONTENT (POSTED ON THE ARENA WEBSITE) OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE ARENA WEBSITE, WHETHER ONLINE OR OFFLINE.
12.3 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 or Member communications. 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 Arena Website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Arena Website, any Member, or any other person related to or resulting from use of the Arena Website, viewing, playing or downloading any materials on or from the Arena Website, or otherwise in any way in connection with the Arena Services. The Arena Website and the Arena 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 Arena Website or the Arena Services. No advice or information, whether oral or written, obtained by you from us, or from or through the Arena Website or the Arena Services shall create any warranty not expressly stated herein.
12.4 To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Astro Arena 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 Astro Arena 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 Arena Website any changes to the Arena 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 Arena Website or arising in connection with the fraudulent or unlawful acts of any third party.
12.5 You specifically agree that Astro Arena 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.
12.6 If you are dissatisfied with the Arena Website, the materials available on or through the Arena Services, Arena Website or with the provisions of this TOU & Notices, you agree that your sole and exclusive remedy is to discontinue using Arena Website or any of Astro Arena's other products and services.
12.7 Astro Arena will take reasonable measures to maintain the privacy and security of all private information provided by you to the Arena Website, but third parties (such as hackers) may breach or attempt to breach Astro Arena's security measures or may gain unauthorized access to the Astro Arena database or other equipment containing your information. You agree that Astro Arena 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 Arena Website or any other company equipment or user information.
12.8 The Arena Website is controlled and offered by Astro Arena from its facilities in Malaysia. Astro Arena makes no representation that the Arena Website is appropriate or available for use in other locations. Those who access or use the Arena Website from other jurisdictions do so at their own violation and are responsible for compliance with local law of such country.
13. AMENDMENT
At any time, Astro Arena may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If Astro Arena makes such material amendment to these TOU & Notices, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Arena Website covered by these terms of use. Any such amendment to these terms of use will be effective from the date of posting of notice of such changes on the Arena Website.
14. INDEMNITY
14.1 You agree to indemnify, defend and hold Astro Arena, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Arena Services and Arena 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 Arena 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 Arena Website.
14.2 The provisions of this paragraph are for the benefit of Astro Arena and/or the Astro Group and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Arena Website. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
15. LINKS TO THIRD PARTY SITES
15.1 The Arena Website may contain Linked Websites and include advertisements. You agree that Linked Websites and advertisements are necessary for Astro Arena to provide the Arena Services. Such links and advertisements are provided to you only as a convenience. Astro Arena shall not be responsible if the Linked Website is not working appropriately. Astro Arena has no control over such websites and resources and shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and does not endorse any content, advertising, products, or other materials on or available from such websites or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature.
15.2 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 Astro Arena shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. Astro Arena has no responsibility or liability for any merchant or your relationship with such merchant.
16. DISCLOSURE AND CONFIDENTIALITY
16.1 Astro Arena reserves the right to disclose any personal information about you or your use of the Arena Services and without your prior permission if Astro Arena 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 Astro Arena or its holding or affiliated company; (3) enforce this TOU; or (4) act to protect the interests of its members or others.
16.2 Any non-personal information or material sent to Astro Arena by you will generally NOT be treated as confidential.
16.3 For further details on use and disclosure of your personal information please see our Policy.
17. PROPRIETARY RIGHTS
COPYRIGHT
17.1 Arena Content found on the Arena Website are protected by trademark, copyright, or other intellectual property laws and international treaties. Any unlawful use of the Arena Website and Arena Content found on the Arena Website is strictly prohibited, without Astro Arena's express and prior written consent. You agree that the Arena Content and Arena Services is intended only for personal viewing and that any reproduction or redistribution or recording of any from or format of the Arena Services, and Arena 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.
17.2 Further to paragraph 17.1 above, Astro Arena owns and retains all proprietary rights in the Arena Website and Arena Services. The Arena Website contains certain copyrighted material, including links and compilations of individual date, trademarks, and other proprietary information of Astro Arena, 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.
17.3 Elements of the Arena 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.
17.4 No logo, graphic, sound or image from this Arena Website may be copied or retransmitted unless expressly permitted by Astro Arena.
GRANT OF LICENSE AND RESTRICTIONS.
17.5 You acknowledge and agree that the Arena Website and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Astro Arena reserves all rights not expressly granted herein, including without limitation ownership and proprietary rights.
17.6 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 Arena 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.
17.7 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.
17.8 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.
17.9 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.
17.10 The Software is provided "as is," and Astro Arena 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.
17.11 Astro Arena reserves all rights in its corporate names, service marks, logos, trade names, trademarks, Arena 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 Arena Website may be marks of third parties that are not affiliated with Astro Arena. Astro Arena does not control or endorse the content of third party websites.
18. ARENA MOBILE DOWNLOAD SERVICE
18.1 From time to time, Astro Arena may provide you with the Arena Mobile Download Service.
18.2 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 Arena Mobile Download Service from time to time.
18.3 The charges stipulated in clause 18.2 will be in addition to the standard fee charged by your mobile phone operator.
18.4 Astro Arena 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 Astro Arena and/or resulting from participation or the downloading of any materials from the Arena Mobile Download Service.
18.5 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 Arena Mobile Download Service, you are advised to read carefully before downloading any item. Astro Arena 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 18.2 above shall still apply under such circumstances.
18.6 If you are under the age of eighteen (18), you must seek parental and/or guardian approval before downloading the mobile downloads from the Arena Mobile Download Service. Astro Arena considers it the responsibility of parents and/or guardian to monitor their children(s) use of the Arena Mobile Download Service.
19. GENERAL
19.1 This TOU & Notices are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and Astro Arena 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 Arena Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by Astro Arena in and from Malaysia.
19.2 This TOU & Notices contain the entire understanding between the parties hereto with respect to the Arena Website, and supersedes all previous oral or written agreements or understandings between you and Astro Arena, and no advice or information, whether oral or written, obtained by you from this Arena Website (whether before or after the date you accept this TOU& Notices) shall create any obligation or warranty on the part of Astro Arena not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by Astro Arena, 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.
19.3 Astro Arena'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 Astro Arena's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Arena Website or information provided to or gathered by Astro Arena with respect to such use.
19.4 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.
19.5 Astro Arena'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 Astro Arena in writing.
19.6 Notices to you shall not be modified, except by an express modification by Astro Arena 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 Arena Website.
19.7 You may not assert any claim against Astro Arena in connection with the Arena Website unless you have given Astro Arena 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 Arena Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
19.8 Astro Arena 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.
19.9 Should you have any questions concerning this TOU or this Arena Website, please contact us at webmaster@www.arena.my.
