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Terms of Condition

2013-7-4 08:10| Posted by: apai01| View: 6019| Comment: 0

Terms of Condition Terms of Condition


1. ACCEPTANCE OF TERMS
Welcome to NIGHT FORCE! NIGHT FORCEprovides itsservice to you, subject to the following Terms of Condition("TOC"), which may be updated by us from time to timewithout noticeto you. In addition, when using particular NIGHT FORCE services, you and NIGHTFORCE shall be subject to any posted guidelinesor rules applicable to suchservices which may be posted from time to time. All such guidelines or rulesare hereby incorporated by reference into the TOC.


2. DESCRIPTION OF SERVICE
NIGHT FORCE currently provides userswith access to a rich collection of on-line resources, including email, forums,personal web page hosting services amongst other things (the"Services"). Unless explicitly stated otherwise, any new featuresthat augment or enhance the current Services, shall be subject to the Terms ofService. In order touse the Service, you must obtain access to the World WideWeb, either directly or through devices that access web-based content, and payany service fees associated with such access. Inaddition, you must provide allequipment necessary to make such connection to the World Wide Web, including acomputer and modemor other access device.


3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service,you agree to:


a. provide true, accurate, current andcomplete information about yourself as prompted by the Service's registrationform (such information being the "Registration Data") and
b. maintain and promptly update theRegistration Data to keep it true, accurate, current and complete.


If you provide any information that isuntrue, inaccurate, not current or incomplete, or NIGHT FORCE has reasonablegrounds to suspect that such information is untrue, inaccurate, not current orincomplete, NIGHT FORCE has the right to suspend or terminate your account andrefuse any and all current or future use of the Service (or any portionthereof).


4. NIGHT FORCE PRIVACY POLICY
Registration Data and certain otherinformation about you is subject to our Privacy Policy. For more information,please see our full privacy policy.


5. MEMBER CONDUCT
You understand that all information,data, text, software, music, sound, photographs, graphics, video, messages orother materials ("Content"), whether publicly posted or privatelytransmitted, are the sole responsibility of the person from which such Contentoriginated. This means that you, and not NIGHT FORCE, are entirely responsiblefor all Content that you upload, post or otherwise transmit via the Service.NIGHT FORCE does not control the Content posted via the Service and, as such,does not guarantee the accuracy, integrity or quality of such Content. Youunderstand that by using the Service, you may be exposed to Content that isoffensive, indecent or objectionable.


You agree to not use the Service to:


a. upload, post, email or otherwisetransmit any Content that is unlawful, harmful, threatening, abusive, harassing,tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy,hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity,including, but not limited to, a NIGHT FORCE official, forum leader, guide orhost, or falsely state or otherwise misrepresent your affiliation with a personor entity;
d. forge headers or otherwise manipulateidentifiers in order to disguise the origin of any Content transmitted throughthe Service;
e. upload, post, email or otherwisetransmit any Content that you do not have a right to transmit under any law orunder contractual or fiduciary relationships (such as inside information,proprietary and confidential information learned or disclosed as part ofemployment relationships or under nondisclosure agreements);
f. upload, post, email or otherwisetransmit any Content that infringes any patent, trademark, trade secret,copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwisetransmit any unsolicited or unauthorised advertising, promotional materials,"junk mail," "spam," "chain letters,""pyramid schemes," or any other form of solicitation, except in thoseareas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email or otherwisetransmit any material that contains software viruses or any other computercode, files or programs designed to interrupt, destroy or limit thefunctionality of any computer software or hardware or telecommunicationsequipment;
i. disrupt the normal flow of dialogue,cause a screen to "scroll" faster than other users of the Service areable to type, or otherwise act in a manner that negatively affects other users'ability to engage in real time exchanges;
j. interfere with or disrupt the Serviceor servers or networks connected to the Service, or disobey any requirements,procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionallyviolate any applicable local, state, national or international law, including,but not limited to, regulations promulgated by the Kuala Lumpur Stock Exchange,any rules of any national or other securities exchange without limitation andany regulations having the force of law;
l. "stalk" or otherwise harassanother;
m. collect or store personal data aboutother users;
n. promote or provide instructionalinformation about illegal activities, promote physical harm or injury againstany group or individual, or promote any act of cruelty to animals. This mayinclude, but is not limited to, providing instructions on how to assemblebombs, grenades and other weapons, and creating "Crush" sites;
o. use any service (or directory) asstorage for remote loading or as a door or signpost to another home page,whether inside or beyond NIGHT FORCE;
p. engage in commercial activitieswithout enrolling in NIGHT FORCE-approved affiliate programs. This includes,but is not limited to, the following activities:
• offering for sale any products orservices;
• soliciting for advertisers orsponsors;
• conducting raffles or contests thatrequire any type of entry fee;
• displaying a sponsorship banner of anykind, including those that are generated by banner or link exchange services,with the sole exceptions of a NIGHT FORCE Banner Exchange program and theInternet Link Exchange; and
• displaying banners for services thatprovide cash or cash-equivalent prizes to users in exchange for hyperlinks totheir web sites.


6. SPECIAL ADMONITIONS FOR INTERNATIONALUSE
Recognising the global nature of theInternet, you agree to comply with all local rules regarding online conduct andacceptable Content. Specifically, you agree to comply with all applicable lawsregarding the transmission of technical data exported from the Malaysia or thecountry in which you reside.


7. CONTENT SUBMITTED TO NIGHT FORCE FREEHOMEPAGES
NIGHT FORCE does not claim ownership ofthe Content you place or upload to any NIGHT FORCE’s Service. By submittingContent to NIGHT FORCE, you grant NIGHT FORCE the world-wide, royalty-free, andnon-exclusive license to reproduce, modify, adapt and publish the Contentsolely for the purpose ofdisplaying, distributing and promoting NIGHT FORCE onits Internet properties. This license exists only for as long as you continuetobe a NIGHT FORCE Member and shall be terminated at the time your NIGHT FORCEMembership is terminated.


You acknowledge that NIGHT FORCE doesnot pre-screen Content, but that NIGHT FORCE and its designees shall have theright (but not the obligation) in their sole discretion to refuse or remove anyContent that is available via the Service. Without limiting the foregoing,NIGHT FORCE and its designees shall have the right to remove any Content thatviolates the Terms of Condition or is otherwise objectionable. You agree thatyou mustevaluate, and bear all risks associated with, the use of any Content,including any reliance on the accuracy, completeness, or usefulness of suchContent.


8. INDEMNITY
You agree to indemnify and hold NIGHTFORCE, and its subsidiaries, affiliates, officers, agents, co-branders or otherpartners, and employees, harmless from anyclaim or demand, including reasonableattorneys' fees, made by any third party due to or arising out of Content yousubmit, post to or transmit through the Service, your use of the Service, yourconnection to the Service, your violation of the TOC, or your violation of anyrights of another.



9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate,copy, sell, resell or exploit for any commercial purposes, any portion of theService, use of the Service, or access to the Service.


10. GENERAL PRACTICES REGARDINGUSE ANDSTORAGE
You acknowledge that NIGHT FORCE mayestablish general practices and limits concerning use of the Service.


11. MODIFICATIONS TO SERVICE
NIGHT FORCE reserves the right atanytime and from time to time to modify or discontinue, temporarily orpermanently, the Service (or any part thereof) with or without notice. Youagree that NIGHT FORCE shall not be liable to you or to any third party for anymodification, suspension or discontinuance of the Service.


12. TERMINATION
You agree that NIGHT FORCE, in its solediscretion, may terminate your password, account (or any part thereof) or useof the Service, and remove and discard any Content within the Service, for anyreason, including, without limitation, for lack of use or if NIGHT FORCEbelieves that you have violated or acted inconsistently with the letter orspirit of the TOC. NIGHT FORCE may also in its sole discretion and at any timediscontinue providing the Service, or any part thereof, with or without notice.You agree that any termination of your access to the Service under anyprovision of this TOC may be effected without prior notice, and acknowledge andagree that NIGHT FORCE may immediately deactivate or delete your account andall related information and files in your account and/or bar any further accessto such files or the Service. Further, you agree that NIGHT FORCE shall not beliable to you or any third-party for any terminationof your access to theService.


13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealingswith, or participation in promotions of, advertisers found on or through theService, including payment and deliveryof related goods or services, and anyother terms, conditions, warranties or representations associated with suchdealings, are solely between you and such advertiser. You agree that NIGHTFORCE shall not be responsible or liable for any loss or damage of any sortincurred as the result of any such dealings or as the result of the presence ofsuch advertisers on the Service.


14. LINKS
The Service may provide, or thirdparties may provide, links to other World Wide Web sites or resources. BecauseNIGHT FORCE has no control over such sites and resources, you acknowledge andagree that NIGHT FORCE is not responsible for the availability of such externalsites or resources, and does not endorse and is not responsible or liable forany Content, advertising, products, or other materials on or available fromsuch sites or resources. You further acknowledge and agree that NIGHT FORCEshall not be responsible or liable, directly or indirectly, for any damage orloss caused or alleged to becaused by or in connection with use of or relianceon any such Content, goods or services available on or through any such site orresource.


15. NIGHT FORCE'S PROPRIETARY RIGHTS
You acknowledge and agree that theService and any necessary software used in connection with the Service("Software") contain proprietary and confidential information that isprotected by applicable intellectual property and other laws. You furtheracknowledge andagree that Content contained in sponsor advertisements orinformation presented to you through the Service or advertisers is protected bycopyrights, trademarks, service marks, patents orother proprietary rights andlaws. Except as expressly authorised by NIGHT FORCE or advertisers, you agreenot to modify, rent, lease, loan, sell, distribute or create derivative worksbased on the Service or the Software, in whole or in part.


NIGHT FORCE grants you a personal,non-transferable and non-exclusive right and license to use the object code ofits Software on a single computer; provided that you do not (and do not allowany third party to) copy, modify, create a derivative work of, reverseengineer, reverse assemble or otherwise attempt to discover any source code,sell, assign, sublicense, grant a security interest in or otherwise transferany right in the Software. You agree not to modify the Softwarein any manner orform, or to use modified versions of the Software, including (withoutlimitation) for the purpose of obtaining unauthorised access to the Service.You agree not to access the Service by any means other than through theinterface that is provided by NIGHT FORCE for use in accessing the Service.


16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREETHAT:


a. YOUR USE OF THE SERVICE IS AT YOURSOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "ASAVAILABLE" BASIS. NIGHT FORCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANYKIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNON-INFRINGEMENT.


b. NIGHT FORCE MAKES NO WARRANTY THAT
i. THE SERVICE WILL MEET YOURREQUIREMENTS,
ii. THE SERVICE WILL BE UNINTERRUPTED,TIMELY, SECURE, OR ERROR-FREE,
iii. THERESULTS THAT MAY BE OBTAINEDFROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
iv. THE QUALITY OF ANY PRODUCTS,SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGHTHE SERVICE WILL MEET YOUR EXPECTATIONS, AND
v. ANY ERRORS IN THE SOFTWARE WILL BECORRECTED.


c. ANY MATERIAL DOWNLOADED OR OTHERWISEOBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISKAND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


• NO ADVICE OR INFORMATION, WHETHER ORALOR WRITTEN, OBTAINED BY YOU FROM NIGHT FORCE OR THROUGH OR FROM THE SERVICESHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOC.


17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THATNIGHT FORCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FORLOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NIGHTFORCE HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:


i. THE USE OR THE INABILITY TO USE THESERVICE;
ii. THE COST OF PROCUREMENT OFSUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION ORSERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTEREDINTO THROUGH OR FROMTHE SERVICE;
iii. UNAUTHORIZED ACCESS TO ORALTERATION OF YOUR TRANSMISSIONS OR DATA;
iv. STATEMENTS OR CONDUCT OF ANY THIRDPARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.


18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THEEXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FORINCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONSOF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.


19. SPECIAL ADMONITION FOR SERVICESRELATING TO FINANCIAL MATTERS
If you intend to create or joinanyservice, receive or request any news, messages, alerts or other informationfrom the Service concerning companies, stockquotes, investments or securities,please read the above Sections 17 and 18 again. They go doubly for you. Inaddition, for this type of information particularly, the phrase "Let theinvestor beware" is apt. The Service is provided for informationalpurposes only, and no Content included in the Service is intended for tradingor investing purposes. NIGHT FORCE shall not be responsible or liable for theaccuracy, usefulness oravailability of any information transmitted via theService, and shall not be responsible or liable for any trading or investment decisionsmade based on such information.


20. NOTICE
Notices to you may be made via eitheremail or regular mail. The Service may also provide notices of changes to theTOC or other matters by displayingnotices or links to notices to you generallyon the Service.


21. COPYRIGHTS
NIGHT FORCE respect the intellectualproperty rights of others and we ask our users to do the same.


22 .GENERAL INFORMATION
The Terms of Conditions constitute theentire agreement between you and NIGHT FORCE and govern your use of theService, superceding any prior agreements between you and NIGHT FORCE(including, but not limited to, any prior versions of theTerms of Conditions).You also may be subject to additional terms and conditions that may apply whenyou use affiliate or other NIGHT FORCE services, third-party content orthird-party software. The Terms of Conditions and the relationship between youand NIGHT FORCE shall be governed by the laws of the Malaysia without regard toits conflict of law provisions. You and NIGHT FORCE agree to submit to thepersonal and exclusive jurisdiction of the courts located within the Malaysia.The failure of NIGHT FORCE to exercise or enforce any right or provision of theTerms of Condition shall not constitute awaiver of such right or provision. Ifany provision of the Terms of Condition is found by a court of competentjurisdiction to be invalid, the parties nevertheless agree that the courtshould endeavour to give effect to the parties' intentions as reflectedin theprovision, and the other provisions of the Terms of Condition remain in fullforce and effect. You agree that regardless of any statute or law to thecontrary, any claim or cause of action arising out of or related to use of theService or the Terms of Conditions must be filed within one (1) year after suchclaim or cause of action arose or be forever barred. The section titles in theTerms of Condition  are for convenience only and have no legal orcontractual effect.


23. VIOLATIONS
Please reportany violations of the Terms of Condition to our CustomerService Team.


NICE

HAPPY

KIND

BORING

CRY

OMG

ANGRY

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