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Legal Notice
1. General.
1.1 This Agreement governs your use of the Smart Home Concept
(the "Service"), including the interactive chat and discussion areas
(the "Interactive Areas"), which is operated by Smart Home Concept.
1.2 Smart Home Concept reserves the right, in its discretion,
to change or modify all or any part of this Agreement at any time,
effective immediately upon notice published on the Service. Your
continued use of the Service constitutes your binding acceptance of
these terms and conditions, including any changes or modifications
made by Smart Home Concept as permitted above. If at any time the
terms and conditions of this Agreement are no longer acceptable to
you, you should immediately cease use of the Service and the
Interactive Areas.
2. Use of Content.
2.1 You acknowledge that the Service contains information,
software, photographs, audio and video clips, graphics, links and
other material (collectively, the "Content") that are protected by
copyright, trademark or other proprietary rights of Smart Home
Concept or third parties. All Content on the Service is copyrighted
as a collective work of Smart Home Concept pursuant to applicable
copyright law. You agree to comply with any additional copyright
notices, information, or restrictions contained in any Content
available on or accessed through the Service. Users of the Service
may use the Content only for their personal, non-commercial use.
2.2 You may not modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the Content, in whole or in
part, except as otherwise expressly permitted in this Agreement.
Content consisting of downloadable software may not be reverse
engineered unless specifically authorized by the owner of the
software's patent and or copyright. Subject to the provisions of
this Agreement, you may post on the Service any Content owned by you
(such as your original statements), Content for which you have
received express permission from the owner, and Content in the
public domain. You assume all right and responsibility for
determining whether any Content is in the public domain. You grant
to Smart Home Concept the right to edit, copy, publish, distribute,
translate and otherwise use in any medium and for any purpose any
Content that you place on the Service without compensation to you.
You represent and warrant that you are authorized to grant all
rights set forth in the preceding sentence.
2.3 You may download or copy the Content only for your own
personal use, provided that you maintain and include all copyright
and other notices contained in such Content. You shall not store
electronically any significant portion of any Content. Except as
expressly permitted by the copyright laws, no copying, storage,
redistribution or publication of any Content is permitted without
the express permission of Smart Home Concept or the owners of such
Content or their authorized persons if other than Smart Home
Concept. You may download from the Service any Content in the public
domain for your own, personal use or for non-commercial
distribution.
3. Rules of Conduct.
You shall not post on the Service any Content which (a) is
libellous, defamatory, obscene, pornographic, abusive, harassing or
threatening, (b) contains viruses or other contaminating or
destructive features, (c) violates the rights of others, such as
Content which infringes any copyright, trademark, patent, trade
secret or violates any right of privacy or publicity, or (d)
otherwise violates any applicable law or reputation. You may not
post on the Service any links to any external Internet sites that
are obscene or pornographic. You shall not use the Service for any
commercial purpose, to distribute any advertising or solicitation of
funds or goods and services or to solicit users to join competitive
online services.
4. Managing Content.
Smart Home Concept does not and cannot review the Content posted by
users on the Service and is not responsible for such Content.
However, Smart Home Concept reserves the right to delete, move or
edit any Content (including Content posted in any Interactive Area)
that it may determine, in its sole discretion, violates or may
violate this Agreement or is otherwise unacceptable. You shall
remain solely responsible for all Content posted by you. Smart Home
Concept shall have the right but not the obligation, to correct any
errors or omissions in any Content, as it may determine in its sole
discretion.
5. No Endorsement
5.1 Smart Home Concept does not represent or endorse the
accuracy or reliability of any Content posted on any Interactive
Area and you acknowledge that any reliance upon such Content shall
be at your sole risk. Any Content placed on any Interactive Area by
users are the views of the user posting the statement, and do not
represent the views of Smart Home Concept or our advertisers or
sponsors.
5.2 The Service may contain links to sites on the Internet
which are owned and operated by third parties (the "External
Sites"). You acknowledge that Smart Home Concept is not responsible
for the availability of, or the content located on or through any
External Site. You should contact the site administrator or
Webmaster for those External Sites if you have any concerns
regarding such links or the content located on such External Sites.
6. Indemnity.
You agree to indemnify, defend and hold Smart Home Concept and its
affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the "
Smart Home Concept Parties") harmless from and against any and all
claims, liability, losses, costs and expenses (including attorneys'
fees) incurred by any Smart Home Concept Party in connection with
any use or alleged use of the service under your user name by any
person, whether or not authorized by you. Smart Home Concept
reserves the right, at your expense, to assume the exclusive defence
and control of any matter otherwise subject to indemnification by
you, and in such case, you agree to cooperate with Smart Home
Concept's defence of such claim.
7. Termination of Service.
Smart Home Concept reserves the right, in its sole discretion, to
restrict, suspend or terminate your access to all or any part of the
Service, including the Interactive Areas, at any time for any reason
without prior notice or liability. Smart Home Concept may change,
suspend or discontinue all or any aspect of the Service at any time,
including the availability of any feature, database, or Content
(including the Interactive Areas), without prior notice or
liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER SMART HOME CONCEPT NOR ANY PROVIDER OF THIRD
PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES SMART HOME CONCEPT,
ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE
ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE
SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED
ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER SMART HOME CONCEPT, THIRD
PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT
LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO
THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH
THE SERVICE. NEITHER SMART HOME CONCEPT NOR ANY THIRD PARTY CONTENT
PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH
THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR
DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR
COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 NEITHER SMART HOME CONCEPT, ANY THIRD PARTY CONTENT
PROVIDER NOR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLED WARRANTIES
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH
STATES, THE LIABILITY OF SMART HOME CONCEPT, THIRD PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
9. Miscellaneous.
9.1 This Agreement shall be construed in accordance with the
laws of Malaysia, and the parties irrevocably consent to bring any
action to enforce this Agreement in the federal or state courts
located in Malaysia. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and
supersedes all previous written or oral agreements between the
parties with respect to such subject matter. All provisions hereof
shall survive any termination of this Agreement as well as any other
revisions which by their terms or sense are intended to survive.
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