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Augustlink.com Web Site And Services User Terms and Conditions
Augustlink Services ("Augustlink") provides the www.augustlink.com.my's web site including the home page and other content and web services (INCLUDING, BUT NOT LIMITED TO, Third Party Web Mail Account and Electronic Greeting Card System)(collectively, the "Augustlink Site") subject to your compliance with the terms and conditions below:
PLEASE READ THIS BEFORE ACCESSING THE AUGUSTLINK SITE. BY ACCESSING THE AUGUSTLINK SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE AUGUSTLINK SITE. AUGUSTLINK MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFCTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE AUGUSTLINK SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY, TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF AUGUSTLINK SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.
1. Copyright. All content, graphics, soundbites and video created by Augustlink on Augustlink Site are protected by Malaysian copyright law and international treaties and may not be copied or re-used without the express permission of Augustlink, which reserve all rights. Re-use of any of such content, graphics, soundbites and video for any purpose is strictly prohibited. You may not copy or adapt the HTML code, soundbites, video, color scheme, button shape, artwork, picture, graphic, layout and all other elements that Augustlink created to display pages.
2. Monitoring. Due to the nature of the web site and the internet generally, Augustlink reserves the right, but has no obligation, to monitor the materials posted and content on the Augustlink Site. You assume total responsibility and risk for your use of Augustlink Site.
3. Links, affiliate and partnership programs with third parties. Links, affiliate and partnership programs with third parties from or to the Augustlink Site outside Augustlink Site are meant for convenience only. Augustlink does not investigate, verify, monitor, or endorse the content,services, accuracy, opinions expressed and other links (if any) provided by such resources. Augustlink is not responsible and makes no warranties in respect of the contents or services of those web sites, the third parties named therein or their products and services. Furthermore, the links, affiliate and partnership programs with third parties provided in Augustlink Site to other shall not be considered an endorsement or verification or approval of such linked web sites of the contents or servies therein. Linking , affiliate and partnership programs with third partiesto any other site is at your sole risk and Augustlink will not be responsible or liable for any damages in connection with linking, affiliate and partnership programs with third parties.
4. Privacy. Although Augustlink takes your privacy seriouly, Augustlink cannot ensure or guarantee privacy for Augustlink Site's users. Any such use shall be at the sole risk of the user, and Augustlink and its affiliate and related companies shall be relieved of all liability in connection therewith.
5. Buying over the Internet. When making purchases or other transactions through the Augustlink Site or the Internet, you agree that all information you provide on any merchant or information or service provider through the Augustlink Site will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the Augustlink Site. Augustlink is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.
6. Exclusion of liability. Augustlink shall not be liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation any damages, loss or expense, direct, indirect, special, or consequential damage, punitive damages or economic loss arising from or in connection with:(a) any access, use or the inability to access or use Augustlink Site, or reliance on the Materials and/or any information in Augustlink Site;(b) any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus; and (c) any use of or access to any other web site linked to Augustlink Site; even if Augustlink or its agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites should only be accessed at the user's own risks. This exclusion clause shall take effect to the fullest extent permitted by law.
7. Limitation of Liability. Augustlink takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the Augustlink Site. Further, Augustlink makes no representations about the suitability of any of the information contained on the Augustlink Site for any purpose. All content on the Augustlink Site are provided without warranty of any kind. In no event shall Augustlink be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.
8. Recourse. If you are dissatisfied with the Augustlink Site or with any terms, conditions, rules, policies, guidelines, or practices of Augustlink in operating the Augustlink Site, your sole and exclusive remedy is to discontinue using the Augustlink Site.
9. Indemnity. You agree to defend, indemnify and hold Augustlink and its employees and agents and affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Terms and Conditions by you or users of your account, or in connection with the use of the Augustlink Site or the Internet or the placement or transmission of any message, information, software or other materials on the Augustlink Site or on the Internet by you.
10. Trademarks. Augustlink and other names, logos and icons identifying Augustlink and Augustlink products and services referenced herein are trademarks or registered trademarks of Augustlink. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners. Unless the prior written consent of Augustlink or the relevant third party proprietor of any trade marks, service marks or logos appearing on the Augustlink Site has been obtained, no license or right is granted to any party accessing Augustlink Site to use, download, reproduce, copy or modify such trade marks, service marks or logos. Similarly unless the prior written consent of Augustlink or the relevant proprietor has been obtained, no such trade mark, service mark or logo may be used as a link or to mark any link to the Augustlink Site or any other site. Just as Augustlink requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorisation in a way that constitutes copyright infringement, you may notify by e-mail to
11. DISCLAIMER. THE CONTAINED IN AUGUSTLINK SITE IS PROVIDED 'AS IS'AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SERVICE OR AVAILABLE THOUGH LINKS IN THIS SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SERVICE. THE ENTIRE RISK IS ASSUMED BY THE USER, AND IN NO EVENT WILL AUGUSTLINK BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE AUGUSTLINK SITE. YOU ARE AGREE TO INDEMNIFY, DEFEND AND HOLD AUGUSTLINK SITE AND AUGUSTLINK HARMLESS FROM ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES INCLUDING ATTORNEYS' FEES ARISING FROM ANY SUBMISSIONS BY YOU OR THROUGH YOUR ACCOUNT.
12. Law and Jurisdiction. This Agreement, including any and all documents referenced herein, constitute the entire agreement between Augustlink and you pertaining to the subject matter hereof. Augustlink's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Terms and Conditions be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect. All rights not expressly granted herein are reserved. These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this web site and/or using the services provided herein by Augustlink, you hereby agree to submit to the non-exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of Augustlink Site.
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