1. Acceptance of Terms
a. These Terms of Use apply to www.lightbox.com.my. The site is owned and operated by Starling Central Sdn Bhd ("SC") These Terms of Use also apply to the various services, including all information, communications, links, software, e-newsletters, products, services, other materials and any and all other services that may be added, offered or provided to you from time to time (the "Services") through this / these site(s) (the "Site' which shall include the Services).
b. By accessing or using the Site, you agree to be legally bound by these Terms of Use.
c. In addition, particular service(s) added, offered or provided to you through the Site, may be subject to additional guidelines and/or rules. In such an event, all such guidelines and/or rules shall be deemed incorporated in these Terms of Use by reference. The site may also offer other services that are governed by different terms of service / terms of use. Use of such other services shall accordingly be subject to such different terms of service / terms of use.
2. About Our Services
a. All Services and the Site are provided on an "AS IS WHERE IS" basis. SC makes no representation or warranty, whether express or implied (to the extent permitted by law): (a) as to the use, security, accuracy, reliability, non-infringement, satisfactory quality or fitness for any particular purpose of the Site; or (b) that the use of the Site will be uninterrupted and free of any viruses or bugs.
b. In no event shall SC or any of its affiliates or related corporations be liable for any loss, injury, damage, claims, costs or expense of any kind arising from any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or other harmful elements, communication line failure, breach of contract, tort, negligence, defamation, copyright infringement, breach of intellectual property right or any other cause of action.
3. Intellectual Property
a. All content and materials on the Site are the exclusive property of SC or its content suppliers, and may be downloaded or printed for your own personal and non-commercial use only. All copyright notices on downloaded or printed material must be retained. Save as specifically permitted here, you may not copy, reproduce, distribute, republish, repost, modify, transmit, make available to the public, adapt, create a derivative work or otherwise use or exploit any content on the Site in any way or for any purpose. In addition, you may not distribute or make available any part of the Site over any other website or any network.
b. The names, trademarks, service marks and logos (the "Trade Marks") displayed on the Site are registered or unregistered Trade Marks of SC, its affiliates or licensors. Nothing on this Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trade Marks. SC prohibits use of the Trade Marks as a "hot" link or in-link to any SC site or other site unless establishment of such a link is approved in advance by SC in writing.
4. Submission of Contributions
a. SC may provide facilities on the Site to permit you to submit any contribution (including but not limited to any text, graphics, video and/or audio content, and other materials or information) ("Submissions") to SC or to the Site directly. You are solely responsible for your own Submissions, and SC only acts as a passive conduit for the online distribution and publication of your Submissions.
b. By submitting your Submissions, you agree as follows:
- You will not include any content in your Submissions that is or could be unlawful, defamatory, offensive, obscene, dangerous or false, or any content that is protected by copyright or other intellectual property right, without first obtaining permission of the copyright owner or rights-holder, or any content that contains any viruses, bugs or other harmful elements;
- You hereby grant to SC a royalty-free, perpetual, irrevocable, non-exclusive right, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material for any purpose.
- You will not assume a false identity or the identity of another user when using the Site, and you will not use the Site for any unlawful or illegal activities, including but not limited to spamming, harassing or otherwise causing distress to other users.
5. Indemnities
a. You agree to defend and hold SC, its affiliates and related corporations from and against all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis, arising out of your use of the Site or any breach of these terms. In addition, SC may use whatever information that is available about you to stop any such breach or any unlawful or inappropriate use of the Site, including informing any third party SC deem appropriate of such breach or use and/or disclosing your personal information to such third party.
6. Third Party Content
a. SC is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, SC has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of the site, are those of the respective author(s) or distributor(s) and not of SC. Neither SC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through the site represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with SC. SC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site. Under no circumstances will SC and its partners be liable for any loss or damage caused by a Subscriber's reliance on information obtained through the Site. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
7. Severability
a. If any of these terms is held to be invalid or unenforceable, such term shall be struck out and the remaining terms shall be enforced. Any failure to act by SC with respect to any breach by you or others of any of the provisions of these terms and conditions does not waive SC's right to act with respect to subsequent or similar breaches.
8. Notice
a. You hereby agree and acknowledge:
- that all electronic communications made pursuant to the use of this Site shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document;
- not to contest the legally binding nature, validity or enforceability of any transaction on the Site on the ground that it was entered into electronically.
9. Governing Laws
a. These terms shall be governed by Malaysia laws and any dispute arising out of the use of the Site shall be referred to the Malaysia courts.
10. Linked Content
a. The Site and Services provide you with opportunities to link to, or otherwise use, sites and services offered through or by third-party(ies). Your use of these third-party services is subject to terms posted by these third-party(ies). We have no control over any third-party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to you. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement.
b. SC shall have the right, but not the obligation, to monitor the Submissions contributed to the Site, including but not limited to photos, videos, sms and text wishes submitted. SC shall have the right to remove or delete any material that SC, in its sole discretion, finds to be in violation of these terms or otherwise objectionable or inappropriate without having to assign any reason therefore. In addition, SC shall have the right to terminate your use of the Site if it believes that you have violated these terms or for any other reason whatsoever, without notice to you
c. If you submit or provide any personally identifiable information through the Site, you acknowledge and consent to SC collecting and using such information for various purposes, including without limitation, verification and record of your personal particulars, comparing it with information from other sources, to communicate with you and/or to send you information and promotional material about SC or third party organisations selected by us. For the above purposes by third parties (who may be based outside Malaysia) who offer goods and services or sponsor contests or other promotional programs on our site, whether in conjunction with us or not, if you purchase such goods, use such services or participate in such contests and promotional programs.