TERMS OF
SERVICE
1. ACCEPTANCE OF TERMS
Welcome to 4u.my . 4u.my
provides the real estate listing service to you, subject to the following Terms
of Service, which may be updated by us from time to time without notice to you;
provided that, we will not alter Section 7 ("Content Submitted to 4u.my
") without prior notice to and acceptance by you.
2. DESCRIPTION OF SERVICE
4u.my currently provides users
with access to a rich collection of on-line resources (the
"Services"). Unless explicitly stated otherwise, any new features that
augment or enhance the current Services, including the release of new 4u.my
resources, shall be subject to the Terms of Service. In order to use the
Service, you must obtain access to the World Wide Web, either directly or
through devices that access web-based content, and pay any service fees
associated with such access. In addition, you must provide all equipment
necessary to make such connection to the World Wide Web, including a computer
and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the
Service, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Service's registration form (such
information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or 4u.my has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, 4u.my has the right to suspend
or terminate your account and refuse any and all current or future use of the
Service (or any portion thereof).
4. 4u.my PRIVACY POLICY
Pursuant to 4u.my 's privacy
policy, we may disclose to third parties certain aggregate information contained
in your Registration Data or related data, provided that, such information will
NOT include personally identifying information, except as specifically
authorized by you or in the good faith belief that such action is reasonably
necessary to comply with the law, legal process, to enforce the Terms of
Service, or under any of the other circumstances set forth in our privacy
policy, as may be amended from time to time. When registering for the services,
you specifically agree and authorize 4u.my to send to you, via your email, 4u.my
notices regarding other 4u.my products or services and to further personalize
your 4u.my experience. 4u.my notices includes notices from any content, sales or
marketing partner that 4u.my is in partnership with. We use this service to help
our advertisers deliver better-targeted advertisements.
5. MEMBER CONDUCT
You understand that all
information, data, text, photographs, graphics, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated. This means
that you, and not 4u.my , are entirely responsible for all Content that you
upload, post or otherwise transmit via the Service. 4u.my does not control the
Content posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service
to:
(a) upload, post or otherwise
transmit 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 4u.my official, forum leader, guide or
host, or falsely state or otherwise misrepresent your affiliation with a person
or entity;
(d) forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service or develop restricted or password-only access
pages, or hidden pages or images (those not linked to from another accessible
page);
(e) upload, post or otherwise
transmit any Content that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise
transmit any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
(g) upload, post or otherwise
transmit any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas of the Service that are designated for such purpose;
(h) upload, post or otherwise
transmit any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt
the Services or servers or networks connected to the Services, or disobey any
requirements, procedures, policies or regulations of networks connected to the
Services;
(j) intentionally or
unintentionally violate any applicable local, state, national or international
law;
(k) "stalk" or
otherwise harass another;
(l) collect or store personal
data about other users;
(m) promote or provide
instructional information about illegal activities, promote physical harm or
injury against any group or individual, or promote any act of cruelty to
animals. This may include, but is not limited to, providing instructions on how
to assemble bombs, grenades and other weapons, and creating "Crush"
sites;
(n) use any service as storage
for remote loading or as a door or signpost to another home page, whether inside
or beyond 4u.my ;
6. SPECIAL ADMONITIONS FOR
INTERNATIONAL USE
Recognizing the global nature of
the Internet, you agree to comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from Malaysia or the
country in which you reside.
7. CONTENT SUBMITTED TO 4u.my
HOMEPAGES
4u.my does not claim ownership
of the Content you place or upload to any 4u.my Service. By submitting Content
to 4u.my for inclusion in a 4u.my Feature, you grant 4u.my the world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and publish
the Content solely for the purpose of displaying, distributing and promoting
4u.my community on 4u.my 's Internet properties. This license exists only for as
long as you continue to be a 4u.my Member and shall be terminated at the time
your 4u.my Membership is terminated. You acknowledge that 4u.my does not
pre-screen Content, but that 4u.my and its designees shall have the right (but
not the obligation) in their sole discretion to refuse or remove any Content
that is available via the Service. Without limiting the foregoing, 4u.my and its
designees shall have the right to remove any Content that violates the Terms of
Service or is otherwise objectionable. You agree that you must evaluate, and
bear all risks associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content.
8. INDEMNITY
You agree to indemnify and hold
4u.my, its owner, and its subsidiaries, affiliates, directors, managers,
officers, agents, webmasters, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your Content, your use of the Service,
your connection to the Service, your violation of the Terms of Service, or your
violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce,
duplicate, copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service.
10. GENERAL PRACTICES REGARDING
USE AND STORAGE
You acknowledge that 4u.my may
establish general practices and limits concerning use of the Service.
11. MODIFICATIONS TO SERVICE
4u.my reserves the right at any
time and from time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You agree that 4u.my
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
12. TERMINATION
You agree that 4u.my , in its
sole discretion, may terminate your password, 4u.my Membership, use of the
Services, and remove and discard any Content within the Services, for any
reason, including, without limitation, for lack of use or if 4u.my believes that
you have violated or acted inconsistently with the letter or spirit of the Terms
of Service. 4u.my may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service under any provision of this
Terms of Services may be effected without prior notice, and acknowledge and
agree that 4u.my may immediately deactivate or delete your 4u.my Membership and
all related information and files in your 4u.my Membership and/or bar any
further access to such files or the Services. Further, you agree that 4u.my
shall not be liable to you or any third-party for any termination of your access
to the Service.
13. ADVERTISEMENTS AND
PROMOTIONS
4u.my runs advertisements and
promotions on 4u.my Features. By using 4u.my Features, you agree that 4u.my has
the right to run such advertisements and promotions. The manner, mode and extent
of advertising by 4u.my on its Community Features is subject to change. Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that 4u.my shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
14. LINKS
The Service may provide, or
third parties may provide, links to other World Wide Web sites or resources.
Because 4u.my has no control over such sites and resources, you acknowledge and
agree that 4u.my is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that 4u.my 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 site or resource.
15. 4u.my PROPRIETARY RIGHTS
You acknowledge and agree that
the Service and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or
information presented to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by 4u.my or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part. You agree not to access the
Service by any means other than through the interface that is provided by 4u.my
for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS
AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. 4u.my EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) 4u.my MAKES NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR
REQUIREMENTS,
(ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE
OBTAINED FROM 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
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 4u.my OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY YOU
EXPRESSLY UNDERSTAND AND AGREE THAT 4u.my SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF 4u.my HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO
USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER
MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY
TO YOU.
19. NOTICE
Notices to you may be made via
either email or regular mail. The Service may also provide notices of changes to
the Terms of Service or other matters by displaying notices or links to notices
to you generally on the Service.
20. COPYRIGHTS
4u.my respects the intellectual
property rights of others and we ask our users to do the same.
21. GENERAL INFORMATION
The Terms of Service constitute
the entire agreement between you and 4u.my and govern your use of the Service,
superceding any prior agreements between you and 4u.my (including, but not
limited to, any prior versions of the Terms of Service). You also may be subject
to additional terms and conditions that may apply when you use affiliate or
other 4u.my services, third-party content or third-party software. The Terms of
Service and the relationship between you and 4u.my shall be governed by the laws
of the Malaysia without regard to its conflict of law provisions. You and 4u.my
agree to submit to the personal and exclusive jurisdiction of the courts located
within the Malaysia. The failure of 4u.my to exercise or enforce any right or
provision of the Terms of Service shall not constitute a waiver of such right or
provision. If any provision of the Terms of Service is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms of Service remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the Terms of Service must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The section titles in the
Terms of Service are for convenience only and have no legal or contractual
effect.
22 PROPERTY LISTINGS
By using the 4u.my services, you
agree that whatever property listing you have submitted may or may not be
approved for listing. 4u.my make no warranty that your submission will be
approved for listing, or the time taken for your submission to be approved will
meet your requirement. You further agree to indemnify and hold 4u.my, its owner,
and its subsidiaries, affiliates, directors, managers, officers, agents,
webmaster , co-branders or other partners, and employees, harmless from any
claim or demand. You agree that your Content may or may not be screened by 4u.my
and that even if your submission is approved for listing, it doesn’t relief
you of your responsibility on the Content you upload to 4u.my web site. Even if
your submission is approved by 4u.my for listing, you understand that all
information, data , text, photographs, graphics, messages or other materials
(“Content”) are the sole responsibility of the person from which such
content originated. This mean that you, and not 4u.my, are entirely responsible
for all Content you upload, post or otherwise transmit via the service, you
further indemnify and hold 4u.my, its owner, and its subsidiaries, affiliates,
directors, managers, officers, agents, webmaster , co-branders or other
partners, and employees, harmless from any claim or demand. Even if your
submission is approved for listing, the approval by 4u.my does not relief you of
your responsibility to indemnify 4u.my against all claim and demand.
23 FORUM POSTING
By using the 4u.my services, you
agree that whatever forum postings you have post or upload may or may not be
displayed. 4u.my make no warranty that your posting will be displayed, or the
time taken for your posting to be displayed will meet your requirement. You
further agree to indemnify and hold 4u.my, its owner, and its subsidiaries,
affiliates, directors, managers, officers, agents, webmaster , co-branders or
other partners, and employees, harmless from any claim or demand. You agree that
your Content may or may not be screened by 4u.my and that if your posting is
displayed, you understand that all information, data , text, photographs,
graphics, messages or other materials (“Content”) are the sole
responsibility of the person from which such content originated. This mean that
you, and not 4u.my, are entirely responsible for all Content you upload, post or
otherwise transmit via the service, you further indemnify and hold 4u.my, its
owner, and its subsidiaries, affiliates, directors, managers, officers, agents,
webmaster , co-branders or other partners, and employees, harmless from any
claim or demand. Even if your submission is approved for display, the approval
by 4u.my does not relief you of your responsibility to indemnify 4u.my against
all claim and demand. In no circumstance is 4u.my endorsing any posting you
upload to the web site and by using this service, you fully understand that you
are fully responsible for all consequences as the result of your posting.
24. VIOLATIONS
Please report any violations of
the Terms of Service to our customer service team.
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