If you do not accept this Agreement, please immediately discontinue your access to and/or use of the Site.
2. User Activities and Information on the Site
You shall use the Site, and any content, material and information on the Site including but not limited to services, products, information, databases, text, documents, images, graphics, designs, compilations, photographs, pictures, drawings, audio and sound recordings, video, animation, links or other items and materials found on the Site and their arrangement thereof (“Content”), solely for lawful and non-commercial purposes.
You shall ensure that any material or information of any kind including but not limited to postings to community chat areas, feedback columns and forums which you upload to, distribute to, disseminate through, or make available through the Site by any means (“User Content”) is not false, inaccurate or misleading, fraudulent, libelous, defamatory, obscene, pornographic, abusive, able to damage or interfere with any system data or personal information by whatever means, propaganda of a political, seditious or racist nature, or otherwise contravene any laws or infringes any rights of Focus or, any other person or entity.
You warrant that the User Content you have made available on the Site is solely your original work to which you are the owner of the copyright, or otherwise you have obtained all necessary rights, consents or approvals (including but not limited to intellectual property rights and proprietary rights) of the relevant party in respect of the User Content prior to making it available on the Site. You will be solely responsible for the User Content.
By making available the User Content through the Site, you hereby automatically grant to Focus absolutely a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology without any further reference to you. By making available the User Content through the Site, you also grant to the other users of the Site the right and license to access, view, store, or reproduce your material and information for that user’s personal use. You hereby agree that any such use (either by Focus or other users of the Site) is without compensation to the party submitting information.
Focus has no obligation to review the User Content, and Focus shall not be responsible in any manner for the contents of the User Content or the consequences resulting from the further posting of the User Content.
Focus expressly reserves the right, at any time and without notice to you, to delete, move, withdraw or edit any material or information in whole or in part, on the Site including the Content or the User Content, for any reason whatsoever. Focus reserves the right at all times to disclose any material or information as is necessary to comply with any laws or regulations.
3. Rights in Content and the Site
All Content provided by Focus on the Site are protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws.
Any unauthorised use of any part of the Site is strictly prohibited. You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit or distribute in any way any of the Content, in whole or in part except as expressly provided in this Agreement or as permitted by the laws of Malaysia. You must not construct a database in any form (including but not limited to software, user list, database or other lists, compilations, products or services), by way of compiling information obtained from Focus or from the Site (including but not limited to the Content and User Content), either for your own use or for transferring and/or selling to a third party.
You are authorised to access, view, store, download, or reproduce the Content and other copyrighted content solely for your personal use and information only, and shall make no other use (including commercial use) of the Content. You will not make any changes to any Content and in particular you will not delete or alter any proprietary rights or attribution notices in any Content or User Content. Any content you view/download from the Site and reproduce elsewhere must contain the copyright notice “©Focus Malaysia Sdn. Bhd.”
You agree that in using the Site in a manner under this Agreement you do not acquire any ownership rights (whether intellectual property rights or proprietary rights) in the Site, the Content, or any other content from the Site.
The trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on the Site belongs to Focus or are licensed to Focus. Nothing contained on the Site should be construed as granting any license or right to use any Trademarks displayed on the Site. Any use/misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Agreement, is strictly prohibited. Focus reserves the rights to bring any action arising from the improper or unauthorised use of the Site, including any action for infringement of its trademarks and other intellectual property rights.
4. Disclaimer of Warranties & Limitation of Liability
You expressly agree that the use of the Site are at your own risk.
Focus makes no warrant and or guarantee that the Site will be continuous, uninterrupted, secure or error free, and operations of the Site may be interfered or interrupted by factors beyond the control of Focus. Focus does not make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, correctness, up-to-dateness, reliability, completeness of the contents or any information, material, postings, or posting responses found on the Site (including but not limited to the Content and the User Content), any merchandise or services or any links to other sites made available on the Site.
The Site and all information, material, postings, or posting responses found on the Site (including but not limited to the Content and the User Content) are provided on an “as is” basis without warranties of any kind, either express or implied.
Under no circumstances shall Focus and its directors, employees, agents and representatives shall be liable for any loss or damage including without limitation, losses or damages for loss of profits or revenue, business interruption, loss of information, direct or indirect, special or economic, punitive or consequential losses or damages, loss of goodwill or reputation or any common law liability arising out of the reliance on or use of or inability to use the Site and all information, material, postings, or posting responses found on the Site (including but not limited to the Content and the User Content).
5. Links to Third Party Sites
Links from or to other websites (“Third Party Sites”) are merely for your convenience only.
Focus shall not be responsible in any way whatsoever for the Third Party Sites and makes no warranties in respect of the contents of the Third Party Sites. For the avoidance of doubt, the links on the Site to the Third Party Sites, and/or the links in Third Party Sites to the Site, shall not be construed as an endorsement or verification or approval by Focus of such Third Party Sites or the content of the said sites.
You shall indemnify and keep indemnified Focus and its, directors, officers, employees, agents or assigns, from all liabilities, actions, claims, demands, proceedings, losses and expenses, including any legal fees (on a solicitor and client basis) that may be incurred in connection with or arising from (a) your use or misuse of the Site, or (b) your breach of this Agreement, or (c) any claim made by any third party against Focus or its directors, officers, employees, agents or assigns in connection with your violation of any law or infringement of the rights of any third party.
7. Termination and Suspension
Focus reserves the right to immediately terminate and/or suspend your access to and/or your use of the Site, in whole or in part, at any time or for a period of time, for any reason at its discretion without warning or notice. In particular, and without limitation, Focus may terminate and/or suspend your access to the Site should you breach any of the terms and conditions of this Agreement, contravene any laws or infringe the rights of Focus, any other user of the Site, or any third party.
The delay or failure of Focus to exercise any of its rights or remedies under the law or to enforce this Agreement, shall not constitute a waiver of its right or any provision of this Agreement.
If any part of this Agreement shall be found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions of this Agreement and this Agreement shall then be construed as if such invalid or unenforceable provision had never been contained herein and the remainder of the other provisions of this Agreement shall continue in full force and effect.
This Agreement, together with the other terms and conditions or agreements set out in the Site, contains the complete and entire understanding and agreement between you and Focus and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
9. Amendment of Terms and Conditions
Focus reserves the right, at its sole discretion, to change, modify, add or remove any of the provisions of this Agreement at any time without prior notice. You shall therefore check this page periodically for changes to this Agreement. Your continued use of the Site following the posting of changes to this Agreement shall mean that you accept those changes.
10. Contact Us
If there are any questions or concerns regarding this Agreement, please contact Focus as follows:
By Email : [email protected]
By Post : Wisma HCK, No 6, Jalan 19/1B, Seksyen 19, 46300 Petaling Jaya, Selangor Darul Ehsan, Malaysia.
By Phone : +603 7968 8888
By Fax : +603 7968 2255
11. Law and Jurisdiction
This Agreement are governed by and are to be construed in accordance with the laws of Malaysia. By accessing the Site, you hereby consent to submit to the exclusive jurisdiction of the Malaysian courts.