MX - Acceptable Use Policy
IMPORTANT: PLEASE READ
THESE CMS Acceptable use policy CAREFULLY AND MAINTAIN A COPY FOR YOUR RECORDS.
THE AGREEMENT IS BETWEEN THE MAXTREME STRATEGY SDN BHD (“MX,” “WE,” OR “US”) THAT ACCEPTS THE ORDER FOR THE APPLICABLE PRODUCT (“Mobiz®”) AND THE INDIVIDUAL OR LEGAL ENTITY THAT SUBMITS THE ORDER OR QUOTATION WITH SIGNATURE (“ACCOUNT HOLDER”, “Client”, “YOU,” OR “YOUR”).
- Agreement: means this acceptable use policy and all attachments that you have agreed with.
- MX (and “We” and “Us”): is Maxtreme Strategy Sdn Bhd
- Account Holder (and “Client”, “You” and “Your”): the individual or legal entity who has the has agreed to purchase mobiz® app and agreed this Terms and Conditions.
- Content: means data, information, graphics, images, photos, audio or video, sounds, signs, links, web pages. Software and code, files, texts, visual works, musical work, works of authorship and components.
- CMS: is content management system which operated, administered and owned by Maxtreme Strategy Sdn Bhd.
- Account: is refer to the username and password of CMS that created by MX and given it to you once the mobiz® app uploaded to app store / play store successfully.
- Third Parties: means End user or others vendor, supplier.
The Services and Contents
The CMS provides you with information, various tools, features and functionality, and enable you to create, maintain and administer mobile applications for your business and/or CMS, as well as other solutions, products, services and Content to interact with other users via specific programs, which all can be used and displayed via the internet, mobile phones, tablets and other current or future platform or media (the “Services”).
Conditional Use of Our CMS and Services
Your permission to use this CMS is conditioned upon your agreement that you:
- may not add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you;
- may not copy or distribute any part of this CMS in any medium without prior written permission of an authorized representative of CMS
- may not use this CMS for any commercial purpose by send unsolicited or unauthorized advertisements, spam, chain letters
- may not disrupt servers or networks connected to this CMS.
- may not take any action that might compromise the security of this site, render this site inaccessible to others or otherwise cause damage to this site or the Content;
- may not use or launch any automated system, including without limitation, “robots”, “spiders”, “crawlers” and “offline readers” that access the CMS in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. (We grant the operators of public search engines permission to use spiders to copy materials from the CMS for the sole purpose of creating publicly available searchable indices of the materials, but not to cache or archive such materials; and
- may not collect or harvest any Personally Identifiable Information, including account usernames or email addresses, from the CMS, nor to use the communication systems provided by the CMS for any commercial solicitation purposes.
In order to access some features of the CMS, you will have to obtain an official account from us. By creating your account, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes, and to maintain and update your information, as needed. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name & Identity.
Please note that you are fully responsible for maintaining your password confidentiality. You agree that any person who know your account username and password is disclosed and authorised to act as your agent for the purposes of using (and/or transaction via) the Service and CMS.
You also agree to be responsible for any and all activities that occur under your account. We will not be liable for any losses incurred by you or anyone on your behalf and caused due to any unauthorized use of your account.
You agree to notify us immediately of any unauthorized use of your account, password or other account information.
You agree to notify us immediately of any unauthorized use of your account, password or other account information.
MX Intellectual Property Right
All MX Intellectual Property Rights (whether registered or unregistered) in
- the CMS and Service,
- content information on the CMS or accessed as part of the Service,
- all the CMS design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations and underlying source code are owned by MX or authorized to MX.
You hereby agree
- not contest, or assist other to contest, our rights or interest in and to the MX Intellectual Property Right or the validity of our rights in and to the MX Intellectual Property Right and all applications registrations or other legally recognized interest therein
- not seek to register, record, obtain or attempt to pursue any Intellectual Property Rights or other proprietary rights or protections in or to said MX Intellectual Property Right.
- not to remove, obscure or alter any notices of Intellectual Property Rights or disclaimers appearing in or on the CMS, Services and Content.
- not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site or accessed as part of the Service without permission of MX
- prohibited from using any logos or marks that appearing throughout the CMS without prior written permission of MX.
All rights in the MX Intellectual Property Right which are not expressly granted herein are reserved by the MX.
Some sections of the CMS may provide you the opportunity to submit, post, display, transmit or exchange information, ideas, opinions, photographs, images, video, musical compositions (including lyrics), sound recordings, characterizations, creative works or other information, messages, transmissions or materials, including your name and likeness, to the CMS or others (collectively, “Submission”).
User Submission authority. By posting, submitting or uploading User Submission to any part of the CMS, you represent and warrant that it complies with these Terms, and you acknowledge and agree that you are granting the MX a perpetual, irrevocable, unlimited, worldwide, royalty-free, transferable (in whole or part), submission authority:
- use, reproduce, copy, display, create derivative works from, license, modify, adapt, publish, translate, distribute, perform, exhibit, host, cache, store, archive, index, categorize, comment on, tag, transmit, broadcast, edit, modify, synchronize with visual material, incorporate in other works in any form, media, or technology now known or later developed, for the full term of any right that may exist in such User Submission and trans-code the User Submission to appropriate media formats, standards or mediums (in each of foregoing cases, in whole or in part); and
- offer to sell, lease, assign and otherwise transfer to third parties the right to use, exhibit and otherwise use, exploit or distribute the User Submission (in whole or in part and as altered by the MX in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter developed, without compensation to you for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution to you, and without any permission requirement from or payment to you or to any other person or entity.
Your Rights in your User Submissions. You represent and warrant that:
- you have the right to grant the User Submission Authority to us;
- our exercise of the rights granted pursuant to the User Submission License will not infringe or otherwise violate any third-party rights;
- your User Submission is original work made or created by you or that you have all right, title, and authority to grant the User Submission Authority to the MX;
- your User Submission does not infringe or violate any rights of any third-party or entity, including, without limitation, any Intellectual Property Rights, defamation, privacy, publicity or any other similar right. If your User Submission includes images, photos or video of individuals other than you, then before you post such User Submission on the CMS, you must have the express consent of everyone who appears in the User Submission in order to submit the User Submission for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity.
- all so-called “moral rights” in the User Submission have been waived to the full extent allowed by law.
Subject to the User Submission Authority, you grant to the MX hereunder, you shall continue to retain all rights in and to your User Submission to any other person or entity.
Your Liability for your User Submissions. You are solely responsible for your User Submission. Please carefully consider the User Submission you choose to post on any section of the CMS. You should not include any Personal Information of yours or other third-party such as full name, contact number, photo, address, as part of your User Submission, we cannot guarantee the security of any information you disclose through the CMS; you make such disclosures at your own risk.
Legality of User Submissions. You agree that your User Submission (or any content made available therein) will not:
- be unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- create a risk to a person’s safety or health, to public safety or health, compromise national security, or interfere with an investigation by any law enforcement;
- promote illegal drugs, violate export control laws or relate to gambling or arms trafficking;
- be unlawful, defamatory, abusive, libellous, threatening, harmful, vulgar, obscene, profane, pornographic, harassing, hateful, inaccurate, racially or ethnically offensive, or otherwise objectionable material or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any applicable local, state, national or international law or regulation;
- infringe or violate any right of a third-party including:
- any Intellectual Property Right, right for privacy or other proprietary or contractual rights: or
- any confidentiality obligation;
- contain any virus or other harmful component, or otherwise tamper with impair or damage the CMS or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the CMS; or
- include any “flaming”, “spamming”, “flooding” and “trolling” mechanism, as those term is commonly understood and used on the Internet.
Monitoring and Removal of User Submissions. You grant the User Submission Authority to the MX whether or not your User Submission (or any part thereof) is actually posted on the CMS or used by the MX. You acknowledge and agree that the MX may, at its sole discretion, elect to post or not post your User Submission on any CMS, or to remove your User Submission from any Site after it has been posted or published, at any time, for any reason and without notice and not to use, exhibit or otherwise exploit your User Submission in any manner whatsoever. Your further acknowledge and agree that your post, submit or upload your User Submission voluntarily, and not in confidence, and that no confidential relationship is intended or created between the MX and any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Submission. Additionally, as we do not permit copyright-infringing activities and infringement of any Intellectual Property Rights on our CMS, we will remove all content and User Submissions if we are properly notified that such content or User Submission infringe on any person or entity’s Intellectual Property Rights.
In addition, we will cooperate fully with any law enforcement officials and agencies in the investigation of any person or persons who violated these Terms.
Indemnification respecting your User Submissions. You understand that when using the CMS, you may be exposed to User Submissions, from a variety of sources, that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold is harmless to the fullest extent permitted by law regarding all matters related to your User Submission.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, BY POSTING, SUBMITTING, OR UPLOADING USER SUBMISSION TO APPLICATION YOU CREATE OR ANY OTHER AREA OF THE CMS, YOU HEREBY EXPRESSLY PERMIT THE MX TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH USER SUBMISSION IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH YOUR USER SUBMISSION.
Content Removal Requests
Any request to remove copyright-infringing content from the CMS, or counter-requests to repost content, on grounds of mistake or misidentification of the content, must be made in accordance with our Copyright Policy.
MX will not share or use your company or personal information for any commercial purposes without your consent.
MX will not take any responsibility for any content information in CMS inclusive of End user details. MX only provides the platform to passes personal data, which includes information about End-User method of payment and personal details, to the credit or debit card company that issued the card with which End-User made for any purchase.
Your consent in taking responsibilities to protect your end-user privacy in using CMS to the collection and use of End-User information.
This CMS may contain hyper-linked to independent third-party website, your website and to information provided on such independent third-party website. These independent third-party websites are provided solely as a convenience to you and other visitors of the Website, and are not under our control whatsoever.
MX is not responsible and does not endorse the content of such independent third-party website, including any content, information or services contained on such independent third-party website, nor is it responsible for any changes or updates to such independent third-party website. You will need to make your own independent judgment regarding your interaction with and use of these independent third-party website, which will be at your risk.
You agree that MX shall not be directly or indirectly responsible or liable for any losses, claims, demands, expenses, damage or loss caused or alleged to be caused by or in connection with your use of CMS or reliance on any content, information or services available on or through any such independent third-party website.
CMS and Services’ Availability
The availability and functionality of the CMS and Services depend on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. MX DOES NOT WARRANT THAT THE CMS AND SERVICES WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS OR THAT THEY WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.
Change or Termination of Operation
MX reserve the right, without notice, to:
- modify, suspend or terminate (temporarily or permanently) the operation of or access to the CMS, Services and Content or any part of it, for any reason;
- modify or change the CMS, Services and Content or any part of it, and any applicable policies or terms related thereto;
- interrupt the operation of the CMS, Services and Content or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other changes; and
- at any time and for any reason and in its discretion
at any time and for any reason and in its discretion
We may limit, suspend or terminate your account and your ability to access the CMS and your use of the CMS or any areas of the CMS, Service or any Content provided on or through the CMS, in our sole discretion, immediately, and limit, suspend or terminate any future access, with or without cause for your failure to fully comply with these Terms. You agree that we shall not be liable to you or any third-party for any limitation, suspension or termination of your access to or use of the CMS, Services or any Content.
You agree that in the event we discontinue, terminate or suspend your account, you shall not attempt to re-register with or access the CMS or Services through use of a different user name or otherwise.
You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the MX, for which monetary damages would be inadequate, and you consent to the MX obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
If any member of the MX does take any legal action against you as a result of your violation of these Terms, such member will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to such member of the MX. You agree that we will not be liable to you or to any third-party for termination of your access to the CMS or the Services as a result of any violation of these Terms.
Disclaimers of Warranty
THE CMS, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MX DOES NOT GUARANTEE THAT THE CMS, SERVICES OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE CMS, SERVICES AND/OR CONTENT WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE CMS, SERVICES AND CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE MX DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY OR COMPATIBILITY. THE MX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE CMS, SERVICES AND CONTENT. YOU ASSUME THE TOTAL RESPONSIBILITY FOR YOUR USE OF THE CMS, SERVICES, CONTENT AND ANY CMS LINKED THERETO. YOUR SOLE REMEDY AGAINST THE MX FOR DISSATISFACTION WITH THE CMS, SERVICES AND/OR CONTENT IS TO STOP USING THE CMS, SERVICES OR ANY SUCH CONTENT.
The above disclaimer applies to any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
EXCEPT FOR BREACHES OF NEXT SECTIONS (INDEMNITY): (I) NEITHER PARTY, INCLUDING EACH PARTY'S PARENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, SHALL BE LIABLE TO THE OTHER OR ANY THIRD-PARTY FOR ANY DAMAGES OTHER THAN GENERAL DAMAGES, SUCH AS, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, ARISING OUT OR RESULTING FROM THIS AGREEMENT.
You agrees to indemnify defend, indemnify and hold harmless the MX, and its respective offices, directors, employees and agents, distributors, agents, representatives and other authorized users, and each of the MX entities’ respective resellers, distributors, service providers and suppliers (collectively, the “Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's’ fees) incurred by the Indemnified Parties in connection with or arising from:
- your use of the CMS, the Services and the Content;
- your violation of these Terms and any Additional Terms
- your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; or
- any claim that one of your User Submissions caused damage to a third-party.
You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you.