1. ACCEPTANCE OF TERMS AND CONDITIONS OF SERVICES
Losong.com welcomes you to this portal service. This is a contract between you and the owner and the operator of losong.com. We will refer to ourselves in this contract as either "losong.com," "we" or "our." You are an individual person. You must be at least 18 years old and have attained the age of majority in the province, state or country in which you live. The facts you give us must be complete and correct. This contract covers your use of this service, and includes any other related services. We refer to these all as the "Service."
Losong.com provides its service to you, subject to the following Terms and Conditions of Service ("TCS"), which may be updated by us from time to time without notice to you. In addition, when using particular losong.com owned or operated services, you shall be subject to any guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TCS. Losong.com may also offer other services that are governed by different Terms and Conditions of Service.
Please note that this contract limits our liability and we do not provide warranties for the Service.
You can review the most current version of the TCS at any time at: http://losong.com/admin/terms/.
2. DESCRIPTION OF SERVICE
Losong.com provides users with access to a rich collection of resources, including, various communications tools, file management tools, forums, announcement and advertisement services, personal webpage service, personalized content and various learning facilities through its network of properties which may be accessed through any various medium or device now known or hereafter known or developed (the "Service”).
We provide the Service for your personal use. You may not use the Service for commercial purposes or in a way that is against the law. You may not use the Service in a way that harms us or our affiliates, service providers and/or suppliers or any members of the Public. You will obey any codes of conduct or other notices we provide from time to time.
You also understand and agree that the Service may include advertisements and certain communications from Losong.com. You also understand and agree that these advertisements and communications are necessary for Losong.com to provide the Service and are considered part of Losong.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Losong.com properties, shall be subject to the TCS.
You understand and agree that the Service is provided "AS-IS" and that Losong.com assumes no responsibility for the timeliness, deletion, inappropriate delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or any related charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOU ARE RESPONSIBLE FOR YOUR SERVICE ACCOUNT
You are responsible for all activity under your Service account. You are responsible for keeping confidential any password for your Service account.
4. YOUR RESPONSIBILITY AND OBLIGATIONS
You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Malaysia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Personal Information") and (b) maintain and promptly update the Personal Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Losong.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Losong.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Losong.com is concerned about the safety and privacy of all its users, particularly children.
You understand that through your use of the Service you consent to the collection and use of this information, including the transfer of this information to Malaysia and/or other countries for storage, processing and use by losong.com and its affiliates.
Losong.com collects and uses your personal information to operate the Service and deliver the services you have requested. These services may include the display of customized content and advertising based upon the information we have collected. In order to provide services in conjunction with other losong.com products or services, personal information collected on losong.com service may be accessed and used by other losong.com services as necessary to provide such services. Any use of such information within losong.com will remain subject to the limitations of this privacy statement.
We also use your personal information to communicate with you. We may send certain mandatory service communications such as welcome letters, billing reminders, information on technical service issues, and security announcements.
Losong.com does not sell, rent or lease its user’s lists to third parties. We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your personal information (e-mail, name, address, telephone number) is not transferred to the third party. We do not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
Losong.com may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on losong.com or the site; (b) protect and defend the rights or property of losong.com; or (c) act in urgent circumstances to protect the personal safety of users of losong.com services or members of the Public.
6. SPAM IS PROHIBITED
You will not use the Service to transmit, either directly or indirectly, or facilitate the transmission of any unsolicited bulk e-mail or unsolicited commercial e-mail.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify losong.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Losong.com cannot and will not be liable for any loss or damage arising from your failure to comply with this guideline.
8. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not losong.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Losong.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will losong.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
(i) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) harm minors in any way;
(iii) impersonate any person or entity, including, but not limited to, a Losong.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(v) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(vi) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(vii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose.
(viii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(ix) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(x) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(xi) "stalk" or otherwise harass another; and/or
You acknowledge that Losong.com may or may not pre-screen Content, but that Losong.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that is available via the Service. Without limiting the foregoing, losong.com and its designees shall have the right to remove any Content that violates the TCS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by losong.com or submitted to losong.com, including without limitation information in losong.com’s Shoutbox, Forum, Info and in all other parts of the Service.
You acknowledge, consent and agree that losong.com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TCS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Losong.com, its users and the public.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by losong.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
9. SPECIAL REGULATIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Malaysia or the country in which you reside.
10. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Losong.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Losong.com the following world-wide, royalty free and non-exclusive license(s), as applicable:
You agree to indemnify and hold Losong.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TCS, or your violation of any rights of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Losong.com I.D.), use of the Service, or access to the Service.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Losong.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, Shoutbox or Forum postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Losong.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Losong.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Losong.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Losong.com reserves the right to modify these general practices and limits from time to time.
14. MODIFICATIONS TO SERVICE
Losong.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Losong.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Losong.com may, under certain circumstances and without prior notice, immediately terminate your Losong.com account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TCS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Losong.com account includes (a) removal of access to all offerings within the Service, including but not limited to Losong.com Mail, Groups, File Manager, Personal Webpage, Personal Weblog, Shoutbox, Forum, Info Center, News, Calendar, Learning modules, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Losong.com's sole discretion and that Losong.com shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Losong.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Losong.com has no control over such sites and resources, you acknowledge and agree that Losong.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Losong.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. LOSONG.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Losong.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOSONG.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. LOSONG.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOSONG.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TCS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOSONG.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
22. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Losong.com and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
23. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TCS, there shall be no third party beneficiaries to this Agreement.
24. TRADEMARK INFORMATION
The LOSONG.COM, Losong.com logo, SMI Portal, SMI Pro, SMI Enterprise, Shoutbox, WebCube, LearningCube
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Losong.com respects the intellectual property of others, and we ask our users to do the same. Losong.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Losong.com at email@example.com.
26. GENERAL INFORMATION
Entire Agreement. The TCS constitute the entire agreement between you and Losong.com and governs your use of the Service, superseding any prior agreements between you and Losong.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Losong.com services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TCS and the relationship between you and Losong.com shall be governed by the laws of Malaysia without regard to its conflict of law provisions. You and Losong.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Malaysia.
Waiver and Severability of Terms. The failure of Losong.com to exercise or enforce any right or provision of the TCS shall not constitute a waiver of such right or provision. If any provision of the TCS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TCS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Losong.com account is non-transferable and any rights to your Losong.com I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TCS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TCS are for convenience only and have no legal or contractual effect.
Please report any violations of the TCS to our representative at firstname.lastname@example.org.