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CRAP TV SDN BHD TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS - GENERAL USE
1.1 Crap TV Sdn Bhd ("CTV") provides a content service that allows viewers to access content ("CTV Content") streamed over the Internet to certain Internet-connected TVs, computers and other devices.
1.2 The CTV's website ("Website") is subject to the terms and conditions ("T&C") provided herein. By accessing and using this Website you agree to be bound by this T&C and any modifications and amendments, which may be posted by CTV from time to time. CTV has endeavored to take all reasonable and appropriate care in the preparation of the Content of this Website and has no reason to believe that any information contained on this Website is inaccurate. CTV does not warrant the accuracy, adequacy, or completeness of such information, or that such information is error free. CTV does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in this Website.
1.3 You agree that CTV may modify and amend this T&C at any time without notice. Unless explicitly stated otherwise, any new service introduced by CTV, shall be subject to this T&C. All such notices are hereby incorporated by reference into the T&C. By continuing to use this Website, you are deemed to have agreed to be bound by any modifications and amendments to this T&C.
1.4 The service and links of the Website may include links to third party websites and are subject to Section 7 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 it's use as set out in this T&C. By accessing this Website and whether directly or indirectly submitting your information, you consent to these transfers.
2.1 You agree to use the Website only for lawful purposes and in accordance with this T&C.
2.2 You agree to notify CTV immediately of any unauthorized use or any other breach of security at the end of each session. CTV cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
2.3 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. 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 online communication in the country in which you reside.
2.4 You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Website, computer systems or networks connected to the 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 Website.
2.5 CTV makes no guarantee that this Website shall remain consistent. Pages must be altered, renamed or removed without prior notification.
3. OWNERSHIP AND COPYRIGHT OF THE CONTENT
3.1 CTV owns all copyright and intellectual property rights to the Content which shall included but shall not be limited to all images, text, graphics, logos, sound, program and any other material contained in this Website. All of the Content and materials available on this Website are protected by copyrights, trademarks or other intellectual property rights and laws. No content or material on our site may be reproduced, adapted, linked to, distributed or used in any way without our prior written consent. Any reproduction or redistribution of the Content and overall Service whether in relation to this Website or not, not in accordance with the T&C herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
3.2 Elements of this 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.
3.3 No logo, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted by CTV.
3.4 CTV respects the trademark, copyrighted materials or any intellectual property (hereby collectively referred as "Intellectual Property") of others. Should you have a reason to believe that your Intellectual Property has been used by CTV in a way that constitutes an infringement, and/or that your Intellectual Property rights have been otherwise violated (hereby referred as "Infringing Materials), please notify CTV via an electronic mail at firstname.lastname@example.org (hereby referred as "Notice") and upon obtainment of such, CTV shall remove and/or disable the access to the Infringing Materials within forty-eight (48) hours from the time of receipt of the following information:-
(a) an electronic and/or physical signature of the proprietor, owner, authorized agent and/or evidence indicating the proprietorship or ownership of the Intellectual Property;
(b) a clear and brief description of the Infringing Materials and the Uniform Resource Locator ("URL"), with adequate details that make it able for TM to locate the whereabouts of the Infringing Materials;
(c) a written undertaking that you have a bona fide (good faith) belief that the use by CTV is with no authorization under the law, by the proprietor, owner or authorized agent of the Intellectual Property and the information provided herein is accurate and that you are the proprietor, owner or authorized agent of the Intellectual Property.
You agree to indemnify, defend and hold CTV, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to CTV and Website harmless from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation by you of this T&C or asserted by any third party due to or arising out of your use of or conduct on the Website.
5.1 This T&C are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and CTV regarding this T&C will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction. You agree that this Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by CTV in and from Malaysia.
5.2 This T&C contain the entire understanding between the parties hereto with respect to the Website, and supersedes all previous oral or written agreements or understandings between you and CTV, and no advice or information, whether oral or written, obtained by you from this Website (whether before or after the date you accept this T&C) shall create any obligation or warranty on the part of CTV not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by related and affiliated companies, third party content or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this T&C.
5.3 CTV's performance of this T&C is subject to existing laws and legal process, and nothing contained in this T&C is in derogation of CTV's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by CTV with respect to such use.
5.4 If any provision of this T&C is held invalid, the remainder of this T&C will continue in full force and effect, and if any provision(s) of the T&C 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 T&C shall not be construed against any party as the principal draftsperson hereof. A printed version of this T&C and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
5.5 CTV's failure to insist upon or enforce strict performance of any provision of this T&C shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by TM in writing.
5.6 Notices to you shall not be modified, except by an express modification by CTV as described herein and may be made via email or regular mail or by displaying notices or links to you on this Website.
5.7 You may not assert any claim against CTV in connection with this Website unless you have given CTV 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 this Website must be initiated within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
5.8 CTV may assign its rights and duties under this T&C to any party at any time without notice to you and this T&C shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.
1. PRIVACY AND LINKS TO THIRD PARTY SITES
1.1 Whenever you access this Website, CTV may collect the following types of information from you:
a) the IP address of your machine when connected to the Internet and the domain name from which you are accessing the Internet;
b) the operating system and the browser your computer uses and any search engine you are using;
c) the date and time you are visiting;
d) the URLs of the pages you visit, as well as any other information you may explicitly provide in the course of accessing the website such as your name, gender, email address and other personal details such as telephone numbers. As such, by accessing and using the Website in the manner as deemed fit, you hereby agree that CTV may use your personal information for purposes connected to the provision of the Service.
1.2 Links to third party websites, unless specifically stated, do not imply any relationship with CTV. CTV does not control the content of such third party websites, thus accepts no responsibility for the content contained within.
1.3 Third party websites may link to this Website provided the following guidelines are adhered to:
a) if the CTV logo is used, it must not be modified or altered in any way; and
b) reference must be to CTV.