Terms
of Service
AMLOH.com
is owned by AMLOH CORPORATION SDN. BHD., (hereinafter the
"COMPANY" or "we"). AMLOH.com
requires that all persons or entities visiting this
Website agree to the following terms and conditions.
Please read our Terms of Service Agreement (the "TOS")
carefully before continuing on with your use of this
Website or becoming a Member/Customer of the Website.
The Agreement and/or Terms shall govern the use of
the Website and apply to all Internet traffic visiting
the Website. If you do not agree to any of these terms,
then do not use the Website.
1.
ACCEPTANCE OF TERMS AND BINDING EFFECT
THIS
IS A BINDING AGREEMENT. BY USING AND/OR VISITING THIS
WEBSITE (COLLECTIVELY, INCLUDING ALL CONTENT AVAILABLE
THROUGH THE AMLOH.com DOMAIN NAME, THE "WEBSITE"),
YOU ("User," "YOU" OR "YOUR"
) SIGNIFY YOUR ASSENT TO THE TOS, THE WEBSITE'S PRIVACY
POLICY, WHICH IS PUBLISHED AT WWW. .COM AND THE GOODS/SERVICES
YOU OBTAIN FROM THE UTILIZATION OF WEBSITE'S SERVICES
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IT
IS YOUR RESPONSIBILITY TO REVIEW THE TOS PERIODICALLY.
IF AT ANY TIME YOU FIND THE TOS AND INCORPORATED AGREEMENTS
UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE
AND CEASE ALL USE OF THE SERVICES AND THE WEBSITE.
YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT
THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE
LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
A.
AMLOH.com reserves the right to update the TOS at
any time without notice to User.
B.
The right to use AMLOH.com is personal to User and
is not transferable to any other person or entity.
User is responsible for all use of User's Account
(under any screen name or password) and for ensuring
that all use of User's Account complies fully with
the provisions of this Agreement. User shall be responsible
for protecting the confidentiality of User's password(s),
if any.
C.
COMPANY shall have the right at any time to change
or discontinue any aspect or feature of AMLOH.com,
including, but not limited to, content, hours of availability,
and equipment needed for access or use.
2.
CHANGED TERMS
The
most current version of the TOS can be reviewed by
clicking on the "Terms of Service" hypertext
link located or published at the bottom of our Web
pages. AMLOH CORPORATION SDN. BHD. shall have the right
at any time to change or modify the terms and conditions
applicable to User's use of AMLOH.com, or any part
thereof, or to impose new conditions, including, but
not limited to, adding fees and charges for use. Such
changes, modifications, additions or deletions shall
be effective immediately upon notice thereof, which
may be given by means including, but not limited to,
posting on AMLOH.com, or by electronic or conventional
mail, or by any other means by which User obtains
notice thereof. Any use of AMLOH.com by User after
such notice shall be deemed to constitute acceptance
by User of such changes, modifications or additions.
3.
DESCRIPTION OF SERVICES
Through
its Website and Protected Materials, AMLOH CORPORATION SDN. BHD. provides User with access to a variety of resources,
including download areas, software, communication
forums and product information (collectively "Services").
Protected Materials are all materials or other intellectual
property rights, or which may be construed as proprietary
information including, but not limited to, any and
all technical and non-technical information that is
valuable to AMLOH CORPORATION SDN. BHD. such as subscription
programs, audio/visual programs, coaching programs,
tele-seminars, tele-coaching, flip charts, audio/video
products, books, training routines, training processes,
course material, literature, pamphlets, processes,
procedures, patents, trademarks, service marks, products,
copyrights, trade secrets, techniques, sketches, drawings,
models, invention, know-how and equipment related
to current and contemplated products and services,
inventions, manufacturing, purchasing, accounting,
engineering, marketing, merchandising and sales, to
the extent necessary and as may be reasonably required
during the relationship will be considered protected
material. The Services, including any updates, enhancements,
new features, and/or the addition of any new Protected
Materials, are subject to the TOS, the privacy policy
and the domain licenses.
4.
EQUIPMENT
User
shall be responsible for obtaining and maintaining
all telephone, computer hardware, software and other
equipment needed for access to and use of AMLOH.com
and all charges related thereto.
5.
USER CONDUCT
A.
User shall use AMLOH.com for lawful purposes only.
User shall not post or transmit through AMLOH.com
any material which violates or infringes in any way
upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise
violate any law, or which, without AMLOH CORPORATION SDN. BHD.'s express prior approval, contains advertising
or any solicitation with respect to products or services.
Any conduct by User that in AMLOH CORPORATION SDN. BHD.'s
discretion restricts or inhibits any other User from
using or enjoying AMLOH.com will not be permitted.
User shall not use AMLOH.com to advertise or perform
any commercial solicitation, including, but not limited
to, the solicitation of users to become subscribers
of other on-line information services competitive
with AMLOH CORPORATION SDN. BHD..
B.
AMLOH.com contains copyrighted material, trademarks
and other proprietary information, including, but
not limited to, text, software, photos, video, graphics,
music and sound, and the entire contents of AMLOH.com
are copyrighted as a collective work under the United
States copyright laws. AMLOH CORPORATION SDN. BHD. owns
a copyright in the selection, coordination, arrangement
and enhancement of such content, as well as in the
content original to it. User may not modify, publish,
transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the
content, in whole or in part. User may download copyrighted
material for User's personal use only. Except as otherwise
expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted
without the express permission of AMLOH CORPORATION SDN. BHD. and the copyright owner. In the event of any
permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of
author attribution, trademark legend or copyright
notice shall be made. User acknowledges that it does
not acquire any ownership rights by downloading copyrighted
material.
C.
User shall not upload, post or otherwise make available
on AMLOH.com any material protected by copyright,
trademark or other proprietary right without the express
permission of the owner of the copyright, trademark
or other proprietary right and the burden of determining
that any material is not protected by copyright rests
with User. User shall be solely liable for any damage
resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission.
By submitting material to any public area of AMLOH.com,
User automatically grants, or warrants that the owner
of such material has expressly granted AMLOH CORPORATION SDN. BHD. the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate
it in other works in any form, media or technology
now known or hereafter developed for the full term
of any copyright that may exist in such material.
User also permits any other User to access, view,
store, or reproduce the material for that User's personal
use. User hereby grants AMLOH CORPORATION SDN. BHD. the
right to edit, copy, publish and distribute any material
made available on AMLOH.com by User.
D.
The foregoing provisions of Section 5 are for the
benefit of AMLOH CORPORATION SDN. BHD., its subsidiaries,
affiliates and its third party content providers and
licensors and each shall have the right to assert
and enforce such provisions directly or on its own
behalf.
6.
USE OF SERVICES
A.
The Services may contain email services, bulletin
board services, chat areas, news groups, forums, communities,
personal web pages, calendars, photo albums, file
cabinets and/or other message or communication facilities
designed to enable User to communicate with others
(each a "Communication Service" and collectively
"Communication Services"). User agrees to
use the Communication Services only to post, send
and receive messages and material that are proper
and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation,
User agrees that when using the Communication Services,
User will not:
"
Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters,
junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
"
Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy
and publicity) of others.
"
Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent
or unlawful topic, name, material or information.
"
Upload, or otherwise make available, files that contain
images, photographs, software or other material protected
by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark
laws (or by rights of privacy or publicity) unless
User own or control the rights thereto or have received
all necessary consent to do the same.
"
Use any material or information, including images
or photographs, which are made available through the
Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary
right of any party.
"
Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or
any other similar software or programs that may damage
the operation of another's computer or property of
another.
"
Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication
Services specifically allows such messages.
"
Download any file posted by another user of a Communication
Service that User know, or reasonably should know,
cannot be legally reproduced, displayed, performed,
and/or distributed in such manner.
"
Falsify or delete any copyright management information,
such as author attributions, legal or other proper
notices or proprietary designations or labels of the
origin or source of software or other material contained
in a file that is uploaded.
"
Restrict or inhibit any other user from using and
enjoying the Communication Services.
"
Violate any code of conduct or other guidelines which
may be applicable for any particular Communication
Service.
"
Harvest or otherwise collect information about others,
including email addresses.
"
Violate any applicable laws or regulations.
"
Create a false identity for the purpose of misleading
others.
"
Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory
of users of the Services or other user or usage information
or any portion thereof.
B.
AMLOH CORPORATION SDN. BHD. has no obligation to monitor
the Communication Services. However, AMLOH CORPORATION SDN. BHD. reserves the right to review materials posted
to the Communication Services and to remove any materials
in its sole discretion. AMLOH CORPORATION SDN. BHD. reserves
the right to terminate User's access to any or all
of the Communication Services at any time, without
notice, for any reason whatsoever. AMLOH CORPORATION SDN. BHD. reserves the right at all times to disclose any
information as it deems necessary to satisfy any applicable
law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information
or materials, in whole or in part, in AMLOH CORPORATION SDN. BHD. sole discretion.
C.
Materials uploaded to the Communication Services may
be subject to posted limitations on usage, reproduction
and/or dissemination; User is responsible for adhering
to such limitations if User downloads the materials.
D.
Always use caution when giving out any personally
identifiable information in any Communication Services.
AMLOH CORPORATION SDN. BHD. does not control or endorse
the content, messages or information found in any
Communication Services and, therefore, AMLOH CORPORATION SDN. BHD. specifically disclaims any liability with regard
to the Communication Services and any actions resulting
from User's participation in any Communication Services.
Managers and hosts are not authorized AMLOH CORPORATION SDN. BHD. spokespersons, and their views do not necessarily
reflect those of AMLOH CORPORATION SDN. BHD..
7.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If
any of the Services requires User to open an account,
User must complete the registration process by providing
AMLOH CORPORATION SDN. BHD. with current, complete and
accurate information as prompted by the applicable
registration form. User also will choose a password
and a username. User is entirely responsible for maintaining
the confidentiality of User's password and account.
Furthermore, User is entirely responsible for any
and all activities that occur under User's account.
User agrees to notify AMLOH CORPORATION SDN. BHD. immediately
of any unauthorized use of User's account or any other
breach of security. AMLOH CORPORATION SDN. BHD. will not
be liable for any loss that User may incur as a result
of someone else using User's password or account,
either with or without User's knowledge. However,
User could be held liable for losses incurred by AMLOH CORPORATION SDN. BHD. or another party due to someone else
using User's account or password. User may not use
anyone else's account at any time, without the permission
of the account holder.
8.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
A.
Any software that is made available to download from
the Services ("Software") is the copyrighted
work of AMLOH CORPORATION SDN. BHD. and/or its suppliers.
Use of the Software is governed by the terms of the
end user license agreement, if any, which accompanies
or is included with the Software ("License Agreement").
An end user will be unable to install any Software
that is accompanied by or includes a License Agreement,
unless he or she first agrees to the License Agreement
terms.
B.
The License Agreement is based upon one domain name
use. Domains need to be fully owned by the User. Users
can buy as many licenses as they need for as many
domains that the User owns.
C.
The Software is made available for download solely
for use or personal use by end users according to
the License Agreement. Any reproduction or redistribution
of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may
result in severe civil and criminal penalties. The
Software is made available for download solely for
use or personal use by end users according to the
License Agreement. Violators will have their licenses
revoked if they do not follow these terms and will
be prosecuted to the maximum extent possible.
D.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING
SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL,
ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, AMLOH CORPORATION SDN. BHD. HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
E.
FOR YOUR CONVENIENCE, AMLOH CORPORATION SDN. BHD. MAY MAKE
AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE
PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
AMLOH CORPORATION SDN. BHD. DOES NOT MAKE ANY ASSURANCES
WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT
THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF
OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE
ON THE SERVICES.
9.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission
to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted,
provided that (1) the below copyright notice appears
in all copies and that both the copyright notice and
this permission notice appear, (2) use of such Documents
from the Services is for informational and non-commercial
or personal use only and will not be copied or posted
on any network computer or broadcast in any media,
and (3) no modifications of any Documents are made.
Accredited educational institutions, such as universities,
private/public colleges, and state community colleges,
may download and reproduce the Documents for distribution
in the classroom. Distribution outside the classroom
requires express written permission. Use for any other
purpose is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
AMLOH CORPORATION SDN. BHD. AND/OR ITS RESPECTIVE SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH
DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL AMLOH CORPORATION SDN. BHD. AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. AMLOH CORPORATION SDN. BHD. AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN
AT ANY TIME.
10.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES
AVAILABLE ON THIS SITE
IN
NO EVENT SHALL AMLOH CORPORATION SDN. BHD. AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
11.
MATERIALS PROVIDED TO AMLOH CORPORATION SDN. BHD. OR POSTED
AT ANY OF ITS WEBSITES
A.
AMLOH CORPORATION SDN. BHD. does not claim ownership of
the materials User provides to AMLOH CORPORATION SDN. BHD.
(including feedback and suggestions) or post, upload,
input or submit to any Services or its associated
services for review by the general public, or by the
members of any public or private community, (each
a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing
or submitting ("Posting") User's Submission
User is granting AMLOH CORPORATION SDN. BHD., its affiliated
companies and necessary sublicenses permission to
use User's Submission in connection with the operation
of their Internet businesses (including, without limitation,
all AMLOH CORPORATION SDN. BHD. Services), including, without
limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat User's Submission; to
publish User's name in connection with User's Submission;
and the right to sublicense such rights to any supplier
of the Services. No compensation will be paid with
respect to the use of User's Submission, as provided
herein. AMLOH CORPORATION SDN. BHD. is under no obligation
to post or use any Submission User may provide and
AMLOH CORPORATION SDN. BHD. may remove any Submission at
any time in its sole discretion. By Posting a Submission
User warrants and represents to own or otherwise control
all of the rights to User's Submission as described
in these Terms of Service including, without limitation,
all the rights necessary for User to provide, post,
upload, input or submit the Submissions.
B.
In addition to the warranty and representation set
forth above, by Posting a Submission that contain
images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"),
User warrants and represents that (a) User is the
copyright owner of such Images, or that the copyright
owner of such Images has granted User permission to
use such Images or any content and/or images contained
in such Images consistent with the manner and purpose
of User's use and as otherwise permitted by these
Terms of Service and the Services, (b) User has the
rights necessary to grant the licenses and sublicenses
described in these Terms of Service, and (c) that
each person depicted in such Images, if any, has provided
consent to the use of the Images as set forth in these
Terms of Service, including, by way of example, and
not as a limitation, the distribution, public display
and reproduction of such Images. By Posting Images,
User is granting (a) to all members of User's private
community (for each such Images available to members
of such private community), and/or (b) to the general
public (for each such Images available anywhere on
the Services, other than a private community), permission
to use User's Images in connection with the use, as
permitted by these Terms of Service, of any of the
Services, (including, by way of example, and not as
a limitation, making prints and gift items which include
such Images), and including, without limitation, a
non-exclusive, world-wide, royalty-free license to:
copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat User's
Images without having User's name attached to such
Images, and the right to sublicense such rights to
any supplier of the Services. The licenses granted
in the preceding sentences for a Images will terminate
at the time User completely remove such Images from
the Services, provided that, such termination shall
not affect any licenses granted in connection with
such Images prior to the time User completely remove
such Images. No compensation will be paid with respect
to the use of User's Images.
C.
AMLOH CORPORATION SDN. BHD. is a distributor (and not a
publisher) of content supplied by third parties and
Users. Accordingly, AMLOH CORPORATION SDN. BHD. has no
more editorial control over such content than does
a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information
or content expressed or made available by third parties,
including information providers, Users or any other
user of AMLOH.com, are those of the respective author(s)
or distributor(s) and not of AMLOH CORPORATION SDN. BHD..
Neither AMLOH CORPORATION SDN. BHD. nor any third-party
provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability
or fitness for any particular purpose.
12.
COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When
accessing the Website or using the Services, you agree
to obey the law and to respect the intellectual property
rights of others. Your use of the Services and the
Website is at all times governed by and subject to
laws regarding copyright ownership and use of intellectual
property. You agree not to upload, download, display,
perform, transmit, or otherwise distribute any information
or Materials in violation of any third party's copyrights,
trademarks, or other intellectual property or proprietary
rights. You agree to abide by laws regarding copyright
ownership and use of intellectual property, and you
shall be solely responsible for any violations of
any relevant laws and for any infringements of third
party rights caused by any Materials you provide or
transmit, or that is provided or transmitted using
your User ID. The burden of proving that any Materials
do not violate any laws or third party rights rests
solely with you.
13.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A.
USER EXPRESSLY AGREES THAT USE OF AMLOH.com IS AT
USER'S SOLE RISK. NEITHER COMPANY, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
AMLOH.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF AMLOH.com, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE,
OR MERCHANDISE PROVIDED THROUGH AMLOH.com.
B.
AMLOH.com IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT.
C.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY
ACKNOWLEDGES THAT COMPANY IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH USER.
D.
IN NO EVENT SHALL AMLOH CORPORATION SDN. BHD., OR ANY PERSON
OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
AMLOH.com OR THE AMLOH CORPORATION SDN. BHD. SOFTWARE,
BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE AMLOH.com. USER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT
ON THE SITE.
E.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER AMLOH CORPORATION SDN. BHD. NOR ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF
THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
AMLOH.com, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS
OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR
ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL
DAMAGES.
F.
PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE
ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL
REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION.
AMLOH CORPORATION SDN. BHD., ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY
FOR INVESTMENT DECISIONS BASED ON THE INFORMATION
PROVIDED. NEITHER AMLOH CORPORATION SDN. BHD. NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT
OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE
ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM
THE USE OF THE INFORMATION.
G.
FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE
FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES
BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT
LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS
OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS,
SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE
FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER
FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY
SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET
SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED
BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN
A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE.
THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED
FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED
PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
14.
LINKS TO THIRD PARTY SITES
A.
THE LINKS IN THIS AREA WILL LET YOU LEAVE AMLOH CORPORATION SDN. BHD.'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL
OF AMLOH CORPORATION SDN. BHD. AND AMLOH CORPORATION SDN. BHD.
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED
SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. AMLOH CORPORATION SDN. BHD. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER
FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
AMLOH CORPORATION SDN. BHD. IS PROVIDING THESE LINKS TO
YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY AMLOH CORPORATION SDN. BHD. OF THE SITE.
B.
AMLOH CORPORATION SDN. BHD. is a distributor (and not a
publisher) of content supplied by third parties and
Users. Accordingly, AMLOH CORPORATION SDN. BHD. has no
more editorial control over such content than does
a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information
or content expressed or made available by third parties,
including information providers, Users or any other
user of AMLOH.com, are those of the respective author(s)
or distributor(s) and not of AMLOH CORPORATION SDN. BHD..
Neither AMLOH CORPORATION SDN. BHD. nor any third-party
provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability
or fitness for any particular purpose.
C. In many instances, the content available through
AMLOH.com represents the opinions and judgments of
the respective information provider, User, or other
user not under contract with AMLOH CORPORATION SDN. BHD..
AMLOH CORPORATION SDN. BHD. neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice
or statement made on AMLOH.com by anyone other than
authorized AMLOH CORPORATION SDN. BHD. employee spokespersons
while acting in their official capacities. Under no
circumstances will AMLOH CORPORATION SDN. BHD. be liable
for any loss or damage caused by a User's reliance
on information obtained through AMLOH.com. It is the
responsibility of User to evaluate the accuracy, completeness
or usefulness of any information, opinion, advice
or other content available through AMLOH CORPORATION SDN. BHD.. Please seek the advice of professionals, as
appropriate, regarding the evaluation of any specific
information, opinion, advice or other content.
15.
UNSOLICITED IDEA SUBMISSION POLICY
AMLOH CORPORATION SDN. BHD. OR ANY OF ITS EMPLOYEES DO NOT ACCEPT
OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR
NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS
OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS
OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL
CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS.
THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN COMPANY'S PRODUCTS
OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS
SUBMITTED TO AMLOH CORPORATION SDN. BHD.. SO, PLEASE DO
NOT SEND YOUR UNSOLICITED IDEAS TO COMPANY OR ANYONE
AT AMLOH CORPORATION SDN. BHD.. IF, DESPITE OUR REQUEST
THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU
STILL SEND THEM, PLEASE UNDERSTAND THAT AMLOH CORPORATION SDN. BHD. MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS
WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
16.
PRIVACY POLICY
AMLOH CORPORATION SDN. BHD. respects your privacy and permits
Users to control the treatment of personal information.
A complete statement of AMLOH CORPORATION SDN. BHD. current
Privacy Policy can be reviewed on our Privacy
Policy link located or published at the bottom
of our Web pages.
17.
MONITORING
AMLOH CORPORATION SDN. BHD. shall have the right, but not the
obligation, to monitor the content of AMLOH.com, including
chat rooms and forums, to determine compliance with
this Agreement and any operating rules established
by AMLOH CORPORATION SDN. BHD. and to satisfy any law,
regulation or authorized government request. AMLOH CORPORATION SDN. BHD. shall have the right in its sole
discretion to edit, refuse to post or remove any material
submitted to or posted on AMLOH.com. Without limiting
the foregoing, AMLOH CORPORATION SDN. BHD. shall have the
right to remove any material that AMLOH CORPORATION SDN. BHD., in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
18.
INDEMNIFICATION AND HOLD HARMLESS
User
agrees to defend, indemnify and hold harmless AMLOH CORPORATION SDN. BHD., its affiliates and their respective
directors, officers, employees and agents from and
against all claims and expenses, including attorneys'
fees, arising out of the use of AMLOH CORPORATION SDN. BHD. by User or User's Account.
19.
TERMINATION
Either
AMLOH CORPORATION SDN. BHD., AMLOH.com or User may terminate
this Agreement at any time. Without limiting the foregoing,
AMLOH CORPORATION SDN. BHD. shall have the right to immediately
terminate User's Account in the event of any conduct
by User which AMLOH CORPORATION SDN. BHD., in its sole
discretion, considers to be unacceptable, or in the
event of any breach by User of this Agreement.
20.
ENTIRE AGREEMENT
This
Agreement, the privacy policy, domain licenses and
any operating rules for AMLOH.com established by AMLOH CORPORATION SDN. BHD. constitute the entire agreement of
the parties and supersede all previous written or
oral agreements between the parties.
21.
ARBITRATION
Each
party to this Agreement expressly agrees that all
disputes, claims or controversies that exist or may
come to exist between them including, without limitation,
all disputes, claims or controversies that exist or
may arise out of, under or in connection with this
Agreement, first to binding arbitration located in
edit County, State of edit in accordance with the
Commercial Arbitration Procedures of the American
Arbitration Association. The parties agree that judgment
upon the arbitration award will be final, binding
and conclusive upon each party and may be entered
into any court having jurisdiction. In the case of
action under this Section, the prevailing party shall
be entitled to recover its costs of the proceeding,
including reasonable attorneys' fees and out of pocket
expenses.
22.
CHOICE OF LAW, VENUE AND FORUM
The
TOS, the privacy policy, domain licenses and any operating
rules for AMLOH.com shall be construed in accordance
with and governed by the laws of the United States
and the State of edit, without reference to their
rules regarding conflicts of law. You hereby irrevocably
consent to the exclusive jurisdiction of the state
or federal courts in edit County, State of edit, United
States in all disputes arising out of or related to
the use of the Website or, without reference to their
rules regarding conflicts of law.
23.
SEVERABILITY
If,
for whatever reason, a court of competent jurisdiction
finds any term or condition in these Terms of Service
to be unenforceable, all other terms and conditions
will remain unaffected and in full force and effect.
24.
WAIVER
No
waiver of any breach of any provision of these Terms
of Service shall constitute a waiver of any prior,
concurrent, or subsequent breach of the same or any
other provisions hereof, and no waiver shall be effective
unless made in writing and signed by an authorized
representative of the waiving party.
25.
HEADINGS
The
section headings used herein are for convenience only
and shall not be given any legal importance.
26.
COPYRIGHT
All
contents of Website or Services are: © AMLOH CORPORATION SDN. BHD.. All rights reserved.
27.TRADEMARKS
The
names of actual companies and products mentioned herein
may be the trademarks of their respective owners.
The example companies, organizations, products, domain
names, email addresses, logos, people and events depicted
herein are fictitious. No association with any real
company, organization, product, domain name, email
address, logo, person, or event is intended or should
be inferred. Any rights not expressly granted herein
are reserved.
28.
NO LICENSE
Nothing
contained on the Website should be understood as granting
you a license to use any of the trademarks, service
marks, logos and the like owned by AMLOH CORPORATION SDN. BHD. or by any third party.
29.
NOTICES
Any
notices to AMLOH CORPORATION SDN. BHD. shall be given via
the Support Helpdesk here.
Or
if you are sending a certified mail, return receipt
requested to:
AMLOH ENTERPRISE
14 Robinson Road #13-00, Far East Finance Building,
Singapore 048545
Any
notice to Users shall be sent by email to the email
address provided by the User. Email notices to a User
shall be deemed delivered twenty-four (24) hours from
the time the email is sent. Notices to AMLOH CORPORATION SDN. BHD. shall be deemed delivered five (5) calendar days
after sent by certified mail.
30.
COPYRIGHT INFRINGEMENT
AMLOH CORPORATION SDN. BHD. has in place certain legally mandated
procedures regarding allegations of copyright infringement
occurring on the Website or with the Services. AMLOH CORPORATION SDN. BHD. has adopted a policy that provides
for the immediate suspension and/or termination of
any Website or Services user who is found to have
infringed on the rights of AMLOH CORPORATION SDN. BHD.
or of a third party, or otherwise violated any intellectual
property laws or regulations. AMLOH CORPORATION SDN. BHD.'s
policy is to investigate any allegations of copyright
infringement brought to its attention. If you have
evidence, know, or have a good faith belief that your
rights or the rights of a third party have been violated
and you want AMLOH CORPORATION SDN. BHD. to delete, edit,
or disable the material in question, you must provide
AMLOH CORPORATION SDN. BHD. with all of the following information:
(a)
a physical or electronic signature of a person authorized
to act on behalf of the owner of the exclusive right
that is allegedly infringed;
(b)
identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works
are covered by a single notification, a representative
list of such works;
(c)
identification of the material that is claimed to
be infringed or to be the subject of infringing activity
and that is to be removed or access to which is to
be disabled, and information reasonably sufficient
to permit AMLOH CORPORATION SDN. BHD. to locate the material;
(d)
information reasonably sufficient to permit AMLOH CORPORATION SDN. BHD. to contact you, such as an address,
telephone number, and if available, an electronic
mail address at which you may be contacted;
(e)
a statement that you have a good faith belief that
use of the material in the manner complained of is
not authorized by the copyright owner, its agent,
or the law; and
(f)
a statement that the information in the notification
is accurate, and under penalty of perjury, that you
are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
31.
INDEPENDENT PARTIES
You
and AMLOH CORPORATION SDN. BHD. expressly agree that each
is an independent contractor of the other. Neither
party is an agent, representative, broker, employee,
partner or joint venturer of the other party. This
Agreement shall not be interpreted or construed to
create an association, joint venture, agency, franchise
or partnership between the parties or to impose any
partnership obligation or liability upon either party
32.
ACKNOWLEDGEMENT
BY
USING THE SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE
THAT YOU HAVE READ THESE Terms of Service AND AGREE
TO BE BOUND BY THEM.
ANY
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
This
Terms of Service Agreement Was Generated Using Software
From ProtectYourOnlineAssets.com
It Is Protected Under Copyright. Do Not Copy Or Replicate
Without A Valid Licence.