TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE BY ACCESSING OR USING THE WEBSITE OR OTHERWISE INDICATING YOUR CONSENT, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH OR ACCEPT ANY OF THESE TERMS, YOU MUST STOP USING THE WEBSITE IMMEDIATELY.
These website terms and conditions of use inform you of the terms, conditions, disclaimers, notices and policies, collectively (the “Terms”) that apply to your use of the Streamline Studios Malaysia Sdn. Bhd. (“Streamline”) website (the “Site”). You may only use the Site and any material found on the Site in accordance with the Terms. The Terms are a binding contract between Streamline or (“we”) or (“us”) and you being the individual who reads and agrees to be bound by the Terms. By accessing, browsing and/or using the Site you signify to Streamline that you have read, understood and agree to be bound by the Terms and all applicable laws and regulations. If you do not agree to these Terms, you must not use the Site.
If you are agreeing to the Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms. If you do not have such authority, you must not accept the Terms. Further, you acknowledge that you are 13 years of age or older, and, if under the age of 18, that you are using the Site under the active supervision of a parent, legal guardian, or other responsible adult.
2. USING THE SITE
You may not use the Site for any commercial purpose. By way of illustration, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, upload, license, create derivative works from, transfer, or sell any information, products or services obtained from the Site. The use of any such information, products or services on any other website or in any other environment of networked computers is prohibited. You agree that you are solely responsible for:
all costs and expenses you may incur in relation to your use of the Site; and
keeping your password and other account details confidential.
We seek to make the Site as accessible as possible. If you have any difficulties using the Site, you can contact us by e-mail: IT@streamline-studios.com
3. PROHIBITED USE
You may not use the Site for any purpose that is unlawful, prohibited by the Terms, or in any way interferes or attempts to interfere with the proper working of the Site. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or that interferes with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Streamline to all users of the Site. We may prevent or suspend your access to the Site if you do not comply with any part of these Terms or any applicable law.
4. OWNERSHIP OF WEBSITE AND CONTENTS
Unless otherwise stated, all materials contained on the Site, including but not limited to the text, graphics, photographs, button icons, audio and video, are the legally protected property owned or licensed by Streamline. The trademarks displayed on the Site are the registered and common law trademarks of Streamline East Ltd., affiliated companies or various third parties. All rights are protected under applicable copyright and trademark laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any permission, license or right to use any of the copyrighted property or trademarks without the written permission of Streamline, of Streamline East Ltd., affiliated companies or third parties. As a condition of your use of the Site, you agree that use of, participation in, or reliance on any content or feature of the Site confers no rights or expectations on your behalf. Streamline reserves the right, at its sole discretion, to modify, suspend or terminate any or all content or features of the Site without notice or liability of any kind to you. Streamline further reserves the right, at its sole discretion, to restrict or terminate your access to the Site without notice or liability of any kind to you and for any reason whatsoever.
5. OWNERSHIP OF YOUR SUBMISSION
Streamline does not claim ownership of materials you may provide to it (including feedback and suggestions) or that you post, upload, input or submit to the Site (collectively, “Submission”). However, by your voluntary act of posting, uploading, inputting, providing or submitting your Submission you are granting Streamline an irrevocable, transferable, non-exclusive worldwide license to use your Submission in any manner Streamline deems appropriate including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission. Streamline is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Streamline’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission and to grant the foregoing license to Streamline.
6. ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE
While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk. We may suspend or terminate operation of the Site at any time as we see fit. Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
7. MODIFICATION OF TERMS
Streamline reserves the right, at its sole discretion, to modify the Terms at any time and from time to time. You are responsible for regularly reviewing these Terms. Your continued use of the Site constitutes your acceptance of any modifications that may be made.
8. USER ONLINE CONDUCT
The Site may contain online facilities designed to enable you to communicate online. You agree to use such facilities only to post, send and receive messages and materials that are proper. By way of example, and not as a limitation, you agree that you will not do, or attempt to do, any of the following:
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, infringing, obscene, indecent, pornographic, hateful or unlawful name, material or information.
Upload files or post or transmit information protected by copyright, trademark, trade secret or other proprietary right, unless with the express written permission of the owner of such right.
Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another person’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, disseminate or transmit “spam”, unsolicited messages, chain letters, or unsolicited commercial e-mail.
Falsify, modify or delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations.
Engage in any other activity deemed by Streamline to be unacceptable, in conflict with the letter or spirit of the Terms, or contrary to the expectations of Streamline and its Site’s users.
Your use of any software made available to you through the Site is governed by the terms of an end user license agreement, if any, which accompanies or is included with the software (“License Agreement”). You may not download, install or use any software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. All software is owned by Streamline, its suppliers and/or its licensors and is protected by copyright and patent laws and international treaty provisions. Any reproduction or redistribution of software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. ANY SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
10. HYPERLINKS AND THIRD-PARTY SITES
The Site may contain hyperlinks or references to third-party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third-party’s website, products or services. Your use of a third-party website may be governed by the terms and conditions of that third-party website.
11. DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, ALL MATERIALS ON THE SITE, AND ALL PRODUCTS AND SERVICES OFFERED VIA THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STREAMLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, AND NON-INFRINGEMENT. NEITHER STREAMLINE NOR ANY OF ITS AFFILIATES, RESPECTIVE AGENTS OR CONTRACTORS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER STREAMLINE NOR ANY OF ITS RESPECTIVE AGENTS OR CONTRACTORS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SERVICES, PRODUCTS OR MATERIALS ON THE SITE WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO YOUR SYSTEM. STREAMLINE DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE USING THE SITE.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL STREAMLINE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS OR FUNCTIONS ON THE SITE, REGARDLESS OF WHETHER STREAMLINE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IF LIABILITY IS FOUND DESPITE THIS SECTION, THE TOTAL LIABILITY OF STREAMLINE AND/OR ANY OF ITS AGENTS, CONTRACTORS, OR EMPLOYEES TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO STREAMLINE TO ACCESS AND USE THE SITE. NOTHING IN THIS SECTION SHALL LIMIT STREAMLINE’S LIABILITY TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM STREAMLINE’S PROVEN NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICCABLE LAWS.
You hereby agree to indemnify and hold harmless Streamline, its affiliates, subsidiaries, officers, directors, and agents, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third-party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of the Terms.
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible. If you and Streamline cannot resolve a dispute through negotiations, then you and Streamline agree that the Terms shall be governed by, and interpreted under, the laws of Malaysia. All disputes, controversies or differences arising out of or relating to the Terms or your use of the Site shall be exclusively settled by arbitration in Kuala Lumpur, Malaysia, in accordance with the Commercial Arbitration Rules of the Kuala Lumpur Regional Centre for Arbitration. The number of arbitrators shall be 3 and appointed by said Rules. All arbitration shall be conducted in the English language. You and Streamline waive any objection on the grounds of venue or forum of convenience or any similar ground.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Streamline as a result of the Terms or use of the Site. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, the Terms constitute the entire agreement between you and Streamline with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Streamline with respect to the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other (business) documents and records originally generated and maintained in printed form.
Notices can be sent by e-mail to: email@example.com
or to our address:
Streamline Media Studios Malaysia Sdn. Bhd.
Suite 5-1, Level 5, UOA Corporate Tower, Avenue 10,
The Vertical, Bangsar South City, No 8, Jalan Kerinchi,
59200 Kuala Lumpur, Malaysia.
17. NOTICE OF COPYRIGHT INFRINGEMENT
If your copyright work qualifies for copyright protection under the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) or the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and you believe that your copyrighted work has been used in a way that constitutes copyright infringement and is accessible via the Site, please notify Streamline’s Legal Department (see address above) and provide the following information:
identification of the copyrighted work and location on the Site;
After receiving a copyright infringement notification and establishing a bona fide infringement, Streamline shall:
remove or disable access to the infringed copyrighted work;
notify you that we have removed or disabled access to the infringed copyright work.
18. COPYRIGHT AND TRADEMARK NOTICES
All content of the Site is Copyright © 2017, Streamline Studios Malaysia Sdn. Bhd. All rights reserved. The Streamline Studios LOGO and the wordmark STREAMLINE STUDIOS are the registered trademarks of Streamline East Ltd. All other trade names, trademarks, registered trademarks and copyrights are the property of their respective owners.
The Terms were last updated on August 23, 2017