DIGITAL FIVE WEBSITE TERMS OF USE AND NOTICES
Dated : 4 June 2010
PERSONAL DATA AND PRIVACY
To learn about how Digital Five collects & protects your personal data, refer to our Privacy Policy. Any non-personal information or material sent to Digital Five by you will generally NOT be treated as confidential.
1. ACCEPTANCE OF TERMS - GENERAL
1.1 The use of the Digital Five Website is subject to this Terms of Use & Notices (“TOU & Notices”). By accessing and using the Digital Five Website you agree to be bound by this TOU, and any Notices (which term shall include guidelines and rules) which may be posted by Digital Five on the Digital Five Website from time to time.
1.2 You agree that Digital Five may modify and amend this TOU & Notices at any time without notice. Unless explicitly stated otherwise, any new service introduced by Digital Five, shall be subject to this TOU. All such Notices are hereby incorporated by reference into the TOU. You are responsible for regularly reviewing Digital Five’s TOU & Notices posted on the Digital Five Website. By continuing to use the Digital Five Website, you are deemed to have agreed to be bound by any modifications and amendments to this TOU &Notices.
1.3 You can access the Digital Five Website home page and browse the Website without disclosing your personal data. The service and links of the Digital Five Website may include links to third party websites and are subject to Section 7 herein.
1.4 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 terms and conditions. By submitting your information you consent to these transfers.
1.5 "You" shall mean any user of the Digital Five Website which shall include any registered members and "your" shall be interpreted accordingly.
1.6 “Digital Five” shall mean Digital Five Sdn Bhd (488331-D).
1.7 “Digital Five Service” shall mean the online, mobile content services and other interactive services made available to you by the Digital Five.
2. REGISTRATION, USE AND SECURITY
2.1 To be a registered member of the Digital Five Website, you must provide the information required in the relevant registration form. You will need to provide a unique password and user ID upon completing the Digital Five registration process. You are responsible for maintaining the confidentiality of the password and user ID, and are fully responsible for all activities that occur under your password or user ID whether or not actually or expressly authorized and/or used by you.
2.2 Digital Five reserves the right to terminate any dormant registered account that has not been used for a period of six months or longer.
2.3 Information on the Digital Five Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Digital Five may also make improvements and/or changes to the Digital Five Website and to the fees and rates for the Digital Five Service, at any time without notice.
2.4 You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Digital Five registration form and (b) maintain and promptly update such registration data to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Digital Five suspects that such information is untrue, inaccurate, not current or incomplete, Digital Five has the right to suspend or terminate your access and refuse any and all current or future use of the Digital Five Website(or any part thereof).
2.5 The Digital Five Website may not be available to all devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access the Digital Five Website and assume all risk associated therewith.
2.6 The Digital Five Website may not be not available to be accessed from all regions and countries of the world. Digital Five reserves the right, in its sole discretion, to limit or terminate your ability to access the Digital Five Website from certain regions or countries, and you assume all risk associated with the accessibility of the Digital Five Service, Website from any given region or country of the world.
2.7 Digital Five reserves the right to limit or prohibit your entry into its website in its sole discretion and shall not be liable for such limitation or prohibition.
3. YOUR CONDUCT
3.1 You agree to use the Digital Five Website only for lawful purposes and in accordance with this TOU & Notices.
3.2 You agree to (a) notify Digital Five immediately of any unauthorised use or any other breach of security, and (b) ensure that you exit from your Digital Five registered account at the end of each session. Digital Five cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
3.3 Your Digital Five registered account is not transferable and may not be assigned to any third party. The Digital Five Website is provided to you for internal, personal use by you only. You may not allow any other person to: (a) resell, timeshare, sublicense, or otherwise transfer all or any portion of the Digital Five Website to any other party; or (b) make commercial use of the Digital Five Website without the express written consent of Digital Five.
3.4 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, including the content of your communication through the Digital Five Service. 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 on-line communication in the country in which you reside.
3.5 You may not use the Digital Five Website in any manner that could damage, disable, overburden, or impair the Digital Five Website (or the network(s) connected to Digital Five Service) or interfere with any other party's use and enjoyment of the Digital Five Service. You may not attempt to gain unauthorized access to the Digital Five Website and other Digital Five registered account, computer systems or networks connected to the Digital Five 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 Digital Five Website. You may not take any action that places an unreasonable burden or excessive load on Digital Five Website and Digital Five’s system(s). You agree not to infect Digital Five Website with any computer programming routine (e.g any virus, worm, time bomb, cancelbots or Trojan horse) that may damage, interfere with, delay, intercept or expropriate any system, data or personal information.
3.6 You agree to be responsible for payment of all applicable charges incurred as a result of your use of the Digital Five Service, including but not limited to the use or misuse by an unauthorised third party, or any error, accidental use or loss.
COMPLIANCE WITH THE MALAYSIAN COMMUNICATIONS & MULTIMEDIA CONTENT CODE (“Code”)
3.7 In addition to the above, you are also obliged to comply with the requirements of Malaysian Law including but not limited to the Code and will NOT provide any prohibited content or any content in contravention of Malaysian Law. Digital Five reserves the rights to remove such prohibited content or any content that contravenes the Malaysian Law with or without notice to you in accordance with the complaints procedure contained in the Code. For more information on the Code and the Content Forum, please visit www.cmcf.my.
4. TERMINATION/ACCESS RESTRICTION
4.1 You may terminate and close your Digital Five registered account by e-mailing Digital Five from the e-mail address provided by you the time you opened your Digital Five registered account and created your user ID. Your e-mail must specify your user ID, and expressly state that you wish to terminate your Digital Five registered account.
4.2 Without limiting anything herein contained, Digital Five reserves the right to terminate the Digital Five Website and your use of the Digital Five Service at any time without notice and for any reason.
4.3 In addition to any termination rights Digital Five may have under this TOU & Notices, Digital Five may suspend or terminate your Digital Five registered account and access to the Digital Five Website without notice and in its sole discretion if:
• Digital Five, at its sole discretion ceases to offer any free, trial, or promotional services, but such termination or suspension shall solely relate to such services; or
• for inactivity, which is defined as failing to log into your Digital Five registered account for an extended period of time, as specified in Section 2.2 above.
• Digital Five suspects fraudulent use (Fraudulent use of an account may include but is not limited to: (a) permitting access to your user ID and password to third parties, or (b) entering invalid or apparently invalid user information for your Digital Five registered account, or (c) attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-trial-per-user limitation) of the Digital Five Website and/or your Digital Five registered account; or
• You materially violate this TOU or any Notice posted from time to time on the Digital Five Website, any applicable law, rule or regulation relating to the use of the Digital Five Service; or
• Any law, regulation, or governmental action renders all or any portion of the Digital Five Website(or your use of the Digital Five Service) unlawful or impracticable; or
• Your use of your Digital Five registered account or the Digital Five Website impairs or threatens to impair the integrity or functionality of the Digital Five network in any manner; or
• if Digital Five believes that you have violated or acted inconsistently with the letter or spirit of this TOU & Notices.
4.4 You agree that Digital Five shall not be liable to you or any third-party for any termination of your access to the Digital Five Website or your Digital Five registered account.
5. DISCLAIMER & LIMITATION OF LIABILITY.
5.1 Digital Five makes no warranty that the Digital Five Website will meet your requirement or that the Digital Five Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the Digital Five Website or your Digital Five registered account are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Digital Five Website for the reconstruction of any lost data. All use of the Digital Five Website is at your own risk and you are solely responsible for all damages resulting therefrom.
5.2 The Digital Five Website is not intended for "mission critical" circumstances and is provided on an "as is," where is" and "as available" basis, without warranties of any kind, express or implied, including, but not limited to warranties of title, quiet enjoyment, non-infringement or implied warranties of merchantability or fitness for a particular purpose.
5.3 To the maximum extent permitted by applicable law, Digital Five disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the Digital Five Website and transactions performed through the service or on the Internet generally. Digital Five makes no representations or warranties as to the quality of the call or any connection to or any transmission over the Internet.
5.4 To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Digital Five be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if Digital Five has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use the Digital Five Website any changes to the Digital Five Website and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Digital Five Website or arising in connection with the fraudulent or unlawful acts of any third party.
5.5 You specifically agree that Digital Five is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
5.6 If you are dissatisfied with the Digital Five Website , the materials available on or through the Digital Five Service, Website or with the provisions of this TOU & Notices, you agree that your sole and exclusive remedy is to discontinue using Digital Five Website or any of Digital Five’s other products and services.
5.7 Digital Five will take reasonable measures to maintain the privacy and security of all private information provided by you to the Digital Five Website, but third parties (such as hackers) may breach or attempt to breach Digital Five's security measures or may gain unauthorized access to the Digital Five database or other equipment containing your information. You agree that Digital Five shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of the Digital Five Website or any other company equipment or user information.
6. INDEMNITY
6.1 You agree to indemnify, defend and hold Digital Five, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Digital Five Service and Website harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation by you of this TOU & Notices or asserted by any third party due to or arising out of your use of or conduct on the Digital Five Website.
6.2 The provisions of this paragraph are for the benefit of Digital Five and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Digital Five Website. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
7. LINKS TO THIRD PARTY SITES
7.1 Digital Five Website may contain links to third party websites ("Linked Websites") and include advertisements. You agree that Linked Websites and advertisements are necessary for Digital Five to provide the Digital Five Service. Such links and advertisements are provided to you only as a convenience. Digital Five shall not be responsible if the Linked Website is not working appropriately. Digital Five has no control over such websites and resources and shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and does not endorse any content, advertising, products, or other materials on or available from such websites or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature.
7.2 Any dealings with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that Digital Five 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 website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. Digital Five has no responsibility or liability for any merchant or your relationship with such merchant.
8. DISCLOSURE AND CONFIDENTIALITY
8.1 Digital Five reserves the right to disclose any personal information about you or your use of the Digital Five Service and without your prior permission if Digital Five in good faith, believes that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Digital Five or its holding or affiliated company; (3) enforce this TOU; or (4) act to protect the interests of its members or others.
8.2 Any non-personal information or material sent to Digital Five by you will generally NOT be treated as confidential.
8.3 For further details on use and disclosure of your personal information please see our Privacy Policy.
9. PROPRIETORY RIGHTS
COPYRIGHT
9.1 The Digital Five Webiste, all images, text, graphics, logos, sound, programs and any other material (“Content”) found on the Digital Five Website are protected by trademark, copyright, or other intellectual property laws and international treaties. Any commercial use of the Digital Five Website and Content found on the Digital Five Website is strictly prohibited, without Digital Five’s express and prior written consent. Any reproduction or redistribution of Digital Five Service, and Content found on the Digital Five Website, not in accordance with the TOU herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
9.2 Elements of the Digital Five 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.
9.3 No logo, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted by Digital Five.
GRANT OF LICENSE AND RESTRICTIONS
9.4 You acknowledge and agree that the Digital Five Website and any necessary software used in connection with the Digital Five Website ("the Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Digital Five reserves all rights in the not expressly granted herein, including without limitation ownership and proprietary rights.
9.5 The Software is made available for downloading solely for use by you for your individual, non transferable, non-exclusive and non-commercial use, use in connection with Digital Five Service. The Software is made available solely for use by you in accordance with the terms of this TOU and the terms of any end user license agreement (“License Agreement”) which accompanies or is included with the Software. You may not install or use any part of the Software unless you first agree to the terms of this TOU and any License Agreement.
The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
9.6 You may not copy the Software to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Software, except insofar as such restriction is prohibited by law.
9.7 Any reproduction or redistribution of the Software not in accordance with this TOU & Notices and any License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
9.8 Without limiting the provisions of Section 5 above, the Software is provided "as is," and Digital Five hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
TRADEMARKS AND THIRD PARTY MATERIALS.
9.9 Digital Five reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively "Marks") and nothing in this TOU grants you the license to use such Marks. Additionally, other marks which appear on this site may be marks of third parties that are not affiliated with Digital Five. Digital Five do not control or endorse the content of third party websites.
10. DIGITAL FIVE MOBILE DOWNLOAD SERVICE
10.1 From time to time, Digital Five provides you with a selection of mobile downloads via the Digital Five Website and/or the Digital Five Service including without limitation, messages, files, data, images, photographs, software, ring tones, pictures, logos and other materials that you may download to your mobile phone (“Digital Five Mobile Service”). The usage of the Digital Five Mobile Service shall be subject to the Digital Five Mobile Content Services Terms and Conditions.
10.2 You agree that you will be subject to an additional premium SMS charge for any mobile downloads. Such charges shall be made known to you on the Digital Five Mobile Service from time to time.
10.3 The charges stipulated in clause 10.2 will be in addition to the standard fee charged by your mobile phone operator.
10.4 Digital Five will not be responsible or liable for any problem, loss or damage of whatsoever nature suffered by you due to any delay and/or failure in receiving and sending a SMS/MMS as a result of any network, communication or system error, interruption and/or failure experienced by the participating mobile phone operators and/or by Digital Five and/or resulting from participation or the downloading of any materials from the Digital Five Mobile Service.
10.5 You agree that for the mobile downloads to be downloaded successfully to your mobile phone, your mobile phone must be compatible with and supports the downloaded item. Mobile phone compatibility information is provided on the Digital Five Mobile Service, you are advised to read carefully before downloading any item. Digital Five shall not be liable should you attempt to download an item onto an incompatible mobile phone and you agree that the charges stated in clause 10.2 above shall still apply under such circumstances.
11. GENERAL
11.1 This TOU & Notices are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and Digital Five regarding this TOU & Notices will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction. You agree that the Digital Five Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by Digital Five in and from Malaysia.
11.2 This TOU & Notices contain the entire understanding between the parties hereto with respect to the Digital Five Website, and supersedes all previous oral or written agreements or understandings between you and Digital Five, and no advice or information, whether oral or written, obtained by you from this Website (whether before or after the date you accept this TOU& Notices) shall create any obligation or warranty on the part of Digital Five not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by the Digital Five, 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 TOU & Notices.
11.3 Digital Five's performance of this TOU & Notices is subject to existing laws and legal process, and nothing contained in this TOU & Notices is in derogation of Digital Five's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Digital Five Website or information provided to or gathered by Digital Five with respect to such use.
11.4 If any provision of this TOU & Notices is held invalid, the remainder of this TOU & Notices will continue in full force and effect, and If any provision(s) of the TOU & Notices 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 TOU & Notices shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU & Notices and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
11.5 Digital Five's failure to insist upon or enforce strict performance of any provision of this TOU & Notices shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by Digital Five in writing.
11.6 Notices to you shall not be modified, except by an express modification by Digital Five as described herein and may be made via either email or regular mail or by displaying notices or links to notices to you generally on the Digital Five Service.
11.7 Digital Five reserves the right to amend any of the provisions of this TOU from time to time. Amendments will be effective immediately upon notification on the DIGITAL FIVE website. Your continued use of the Digital Five Website and participation of, the Digital Five Services, will represent an agreement by you to be bound by this TOU & Notices as amended.
11.8 You may not assert any claim against Digital Five in connection with the Digital Five Website unless you have given Digital Five 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 the Digital Five Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
11.9 Digital Five may assign its rights and duties under this TOU to any party at any time without notice to you and this TOU shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.
Should you have any questions concerning this TOU, or if you desire to contact Digital Five for any reason, please write to us through this website.