The Utusan Online network of websites ("Network")
is owned and operated by Utusan Melayu (Malaysia) Berhad (Co. No. 7170-V)
("Utusan Melayu") and/or its subsidiary (ies)(collectively referred to as
"the Companies"). Your access to the Network is conditional upon your
acceptance and compliance with the terms, conditions, notices and
disclaimers contained in this document and elsewhere on the Network
(collectively known as "Terms of Use"). Your use of, and/or access to, the
Network constitutes your agreement to the Terms of Use. The Companies
reserve the right to amend the Terms of Use at any time. Since you are
bound by these Terms of Use, you should periodically refer to them in this
document and elsewhere on the Network.
General Terms
Intellectual property and restrictions on use of Content on the
Network
Communication Facilities
Advertising, links to third party websites and e-commerce offers
Disclaimer and limitation of liability
Termination
Trademarks
Miscellaneous
Intellectual property and
restrictions on use of Content on the Network
All information, text, material, graphics,
software and advertisements on the Network ("Content") are Copyright of
the Companies and/or third party companies and suppliers of Content
("Third Party Providers") (unless expressly indicated otherwise on the
Network). The Content contained on, distributed through, linked,
downloaded or access from any part of the Network is for purposes of
information only and is provided as services to Internet Users. You
acknowledge that Third Party Providers may have rights in their Content
and that they and the Companies may enforce and enjoy protection of these
Terms of Use. The Companies can, however, change the Terms of Use without
giving notice to the Third Party Providers. The Content is protected by
Malaysian and international copyright and trademark laws. Content on the
Network is published in real-time, and you must not modify, copy,
reproduce, republish, frame, upload to a third party, post, transmit or
distribute this Content in any way except as expressly provided for on the
Network or expressly authorised in writing by the Companies or Third Party
Providers. Strictly on the condition that you keep all Content intact and
in the same form as presented on the Network (including without limitation
all copyright, trademark and other proprietary notices and all
advertisements), you may: (a) using an industry-standard Web browser,
download and view the Content for your personal, non-commercial use, or
(b) if you are an Internet service and/or access provider, supply the
Content to your subscriber. You must not use the Network in any manner or
for any purpose which is unlawful or in any manner which violates any
right of the Companies or Third Party Providers or which is prohibited by
the Terms of Use. Copying or other use of the Content contained on the
Network in any other shape or form (other than as afore-mentioned) is
strictly prohibited and will result in severe penalties under the
Malaysian Copyright Act 1987 and/or any re-enactment thereof and/or
international copyright and trademark laws.
Communication Facilities
The Network contains electronic bulletin boards,
and other communication facilities which provide for feedback by users to
the Companies, real-time interaction between users and other electronic
messaging and notice services ("Communication Facilities").
It is a condition of your use of any Communication Facilities and your
access to the Network that you do not do any of the followings: -
restrict or inhibit any other user from using or enjoying any Forum;
post or transmit any unlawful, threatening, abusive, defamatory,
obscene, vulgar, pornographic, profane or indecent information or
material of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal
offence which gives rise to civil liability or otherwise violate any
applicable law;
post or transmit any material of any kind which violates or
infringes upon the rights of any other person, including material which
is an invasion of any privacy or publicity rights or which is protected
by copyright, trademark or any other proprietary right, or derivative
works with respect thereto, without first obtaining permission from the
owner or relevant rightful holder;
post or transmit any material of any kind which contains virus or
other harmful components;
post, transmit or in any way exploit any material of any kind for
commercial purposes, or which contains any promotional material or
advertising;
delete any author attributions, legal notices or proprietary
designations or labels in any file that is uploaded; or
download any file posted by any other user of a Forum if you know,
or reasonably ought to know, that the file cannot legally be distributed
in such manner.
The Companies may from time to time monitor or review the contents of
its Communication Facilities. While the Companies reserve its right to
edit, refuse to post or to remove any information and/or materials (in
whole or in part) that in the Companies' sole discretion is in any way
objectionable or in violation of any applicable law or the Terms of Use,
the Companies have no obligation whatsoever to monitor any Communication
Facilities or to edit, delete or refuse to post such contents, nor are the
Companies responsible for any contents in any Communication Facilities
(including any information, comments and/or advice of any individual whose
statements on the Network are solely their own). You expressly acknowledge
and agree that the Communication Facilities provide a means of public and
not private communications. You also acknowledge that these are the
opinions of individual Users and are not necessarily complete or accurate.
In addition, they do not represent the beliefs or ideas of the Companies,
and the Companies disclaim all responsibility for and all liability
resulting from the said opinions.
The Companies reserve the right to co-operate fully with any law
enforcement authority in any jurisdiction in respect of any lawful
direction or request to disclose the identity or other information in
respect of anyone posting any materials which violate any applicable or
relevant law.
Advertising, links to third
party websites and e-commerce offers
The Network contains hyperlinks and other pointers
to Internet websites operated by third parties. These linked websites are
not under the control of the Companies, and the Companies are not
responsible for the contents of any linked web or any hyperlink contained
in a linked website. The Companies provide these hyperlinks to you as a
convenience only, and the inclusion of any link does not imply any
endorsement of the linked website or their contents by the Companies.
Should you link to any such website, it would be entirely at your own risk
and we are not responsible nor liable for your reliance on any third party
website and the contents contained therein.
The Network also contains third party advertisements (including banner
ads and full page advertisements) which contain embedded hyperlinks or
which include referral buttons to websites operated by third parties or
their licensees or contractors. You are referred to the relevant
advertiser for all information regarding the advertiser and its products
and/or services.
In some instances, the advertisement will contain representations or
offers by the third party advertiser which you can accept by linking to
the advertiser's website and executing the relevant transaction. Such
offers are not made by the Companies, and the third party advertiser is
solely responsible to you for any representations made and the delivery of
any goods or services you purchase on the third party website.
Disclaimer and limitation of
liability
all Content is provided "as is" and without warranties of any kind,
either express or implied,
the Companies and Third Party Providers expressly disclaim all
warranties of any kind including but not limited to implied warranties
of merchantability and fitness for a particular purpose or any liability
which might otherwise arise from a course of dealing, usage or trade
practice which are made with respect to the Content,
the Companies do not warrant that the functions contained in any
Content or any Communications Facility or your access to the Network
will be uninterrupted or error-free, that any defects will be corrected
or that the Network or the server which stores and transmits Content to
you are free of viruses or any other harmful components,
the Companies do not warrant or make any representation regarding
your access to, or the results of your access to, the Network (including
any related or linked websites) or any Content (including the Contents
of Utusan Melayu's Portal Pendidikan) in terms of correctness, accuracy,
timeliness, completeness, reliability or otherwise,
you (and not the Companies and/or Third Party Providers) assume the
entire cost of any necessary verification, maintenance, repair and/or
correction of any relevant Content, and
the Companies and/or the Third Party Providers are not responsible
for the consequences of any action which you or any other person may
take or fail to take, whether or not based on the Content provided or as
a result of the use of the Network.
Under no circumstances (including but not limited to any act or
omission on the part of the Companies) will the Companies be liable for
any indirect, incidental, special and/or consequential damages, punitive
damages or loss of profits or other damages of any kind which result from
any use or access of, or any inability to use or access the Network or any
Content even if the Companies have been informed of the damages and/or the
possibility of the damages. You expressly acknowledge and agree that the
Companies do not exert control over users of the Network and is not liable
either for their opinions or their behaviour including any information
and/or advice and any defamatory statements or offensive conduct.
The Companies reserve the right, in its sole discretion and without any
obligation, to make improvements to or correct any error or omission in
any portion of the Network or the Content at any time.
Termination
The Terms of Use are effective until terminated by
the Companies, and the Companies may terminate this agreement and your
access to the Network at any time without notice. In the event of
termination, you are no longer authorised to access the Network, but all
restrictions imposed on you, licenses granted to you and all the
Companies' disclaimers and limitations of liability set out in the Terms
of Use will survive.
Trademarks
Among the trademarks and service marks owned by
the Companies are Utusan Online, Portal Pendidikan Utusan, Portal
Pendidikan Langkawi, Utusan Express, Utusan@SMS, Almanak Malaysia, Album
Online, Carta Popular Utusan Online, Salam Rindu & Sayang and Lawak Online
and the respective logos of all the sites. All other trademarks
("Affiliates") displayed on the Network are trademarks of their respective
owners. Nothing contained on the Network should be construed as granting
any license or right of use of any trademark displayed on the Site without
the express written permission of the Companies, the relevant Affiliates
or any third-party owner.
Additional terms governing
the use of Portal Pendidikan Utusan
The Content contained in Portal Pendidikan Utusan
may additionally be downloaded intact for educational use. However, you
are not allowed to use the Content for commercial exploitation.
The Companies exercise due diligence in ensuring that the Content
contained in the Network do not infringe third party intellectual property
rights. If you discover any Content, which intellectual property rights
belong to a third party, and that the same has not been properly
acknowledged, you may inform the Companies at online@utusan.com.my which
may subsequently take necessary actions, including but not limited to the
removal of such Content from the Network.
You acknowledge that the Content contained in Portal Pendidikan Utusan
is provided solely as guidance material and for reference purpose only.
You may choose to rely on the Content but you do so at your own risk. It
is recommended that you do not rely solely on the contents of any subject
matter in question contained in the Content. While the Companies exercise
reasonable care in compiling the information and materials contained in
the Content for the purpose of Portal Pendidikan Utusan, the Companies do
not provide any assurance whatsoever on the accuracy or otherwise of the
Content and expressly disclaim any and all liability arising out of the
use of or reliance on the Content contained in Portal Pendidikan Utusan,
including but not limited to the performance of Users in examinations.
Miscellaneous
The Companies rely on your continued observance of
these Terms of Use. If the Companies suffer any loss or damage or incur
any costs in connection with any breach of these Terms of Use or any other
legal obligation then you agree to indemnify the Companies for those
losses, damages and costs.
This agreement will be governed by and construed in accordance with the
laws of Malaysia. You irrevocably and unconditionally submit to the
non-exclusive jurisdiction of the courts of Malaysia. If any provision of
this agreement is found to be invalid or unenforceable by a court of law,
such invalidity or unenforceability will not affect the remainder of the
agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.
If you have any questions on the above, you may direct your queries to:
online@utusan.com.my
