TERMS AND CONDITIONS OF USE
By accessing and/or using the web pages at URL: https://creativelab.com (the “Web Site”), you accept and agree to abide by the following Terms and Conditions of Use, which together with any other terms or legal notices posted on the Web Site such as our Privacy Statement, govern the relationship between you as user and Creative Lab , its parent company, subsidiaries and affiliates (“Creative Lab”, “we”, “us”) in relation to this Web Site.
1. LAWS AND REGULATIONS
1.1 Your access and use of the Web Site shall be governed by and construed in accordance with the laws of Malaysia without reference to its conflicts of law rules and, you agree to submit to the exclusive jurisdiction of the Courts of Malaysia.
2. COPYRIGHT, TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
2.1 The trademarks, logos and service marks (collectively, “Marks”) as well as content (including but not limited to information, communications, software, images, videos and sounds) (collectively, “Contents”) contained on or available on the Web Site belong to Creative Lab, its content providers and third party licensors. You should assume that all Marks and Contents on the Web Site are protected by copyright and applicable intellectual property rights unless otherwise noted.
2.2 You must not reproduce, modify, transfer, distribute, republish, download, post or transmit the Marks and Contents in any form or by any means including but not limited to electronic, mechanical photocopying or recording without our prior written permission. You agree that the Marks and Contents contained within or available through the Web Site shall not be used for commercial purposes or distributed commercially. Any unauthorized use of the Marks or Contents may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. All our rights are expressly reserved.
3. USER CONDUCT
3.1 You are prohibited from posting or transmitting any unlawful, seditious, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.
4.1 The Web Site may provide links to other web sites hosted by third parties (“Linked Sites”). We do not have the obligation to monitor the content on the Linked Sites and have no discretion to alter, update or control the content on the Linked Sites. Our provision of hyperlink to Linked Sites shall not be construed as an endorsement, authorization, sponsorship, or affiliation with respect to such web sites, their owners, or their providers.
5. NO WARRANTIES
5.1 All Contents on the Web Site are provided to you “as is” and “as available” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. We specifically disclaim any liability or responsibility for any errors or omissions in the Contents. Neither Creative Lab nor any other party involved in creating, producing, or delivering the Web Site is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of your access to, or use of, or inability to use or access, the Web Site.
5.2 Any Content downloaded, uploaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Web Site or on the Internet generally.
6. LIMITATION OF LIABILITY
6.1 The Content on the Web Site or a Linked Site may include inaccuracies or typographical errors, and we specifically disclaim any liability for such inaccuracies or errors. We do not warrant or represent that the Content on the Web Site is complete or up-to-date and have no obligation to update any Content on the Web Site. We may make improvements or changes to the Web Site and Content at any time without notice. You agree that Creative Lab and any of its respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation loss of profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Web Site or a Linked Site, or with the delay or inability to use the Web Site or a Linked Site, even if we are made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems such as inability to access your internet service provider, unauthorized access, theft, operator errors, strikes or other labour problems or any force majeure. While we have taken reasonable commercial endeavours to ensure security and maintenance of the Web Site, we cannot and do not guarantee continuous, uninterrupted or secure access to the Web Site.
7. TRANSMISSION OF PERSONAL DATA
7.1 You have read our Privacy Statement which sets out the terms that specifically govern the collection, use, retention and disclosure of your personal data. Accordingly, you have agreed to the terms of our Privacy Statement and given your consent to the collection and transfer of your personal data according to the terms of our Privacy Statement.
8. CONFIDENTIALITY OF USER COMMUNICATION
8.1 Except as required by law and in accordance to our Privacy Statement, any communications or materials that you send to the Web Site by electronic mail, postings or otherwise, including any data, questions, comments, suggestions or the like are and will be treated as non-confidential and non-proprietary. We reserve the right to freely use these transmissions and postings by you for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting, without any compensation to you. We shall assume no responsibility and shall not be liable for any unauthorized or unlawful interception or modification of any communication between you and us (whether by electronic mail or otherwise), or for any loss or damage arising thereby (including but not limited to any loss or damage arising out of the unauthorized or fraudulent use of any information contained in or made accessible via such communication).
9.1 If any of these Terms and Conditions of Use is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions of Use shall continue in effect.
9.2 Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right.