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1. Important Notice
The following terms and conditions set out the entire agreement between you and Kumpulan Karangkraf Sdn Bhd ("Karangkraf") relating to the use of the GengRemaja service (the "Service"). By using the Service, you agree to comply with the terms and conditions of this Agreement. You can print out these terms and conditions, or store them in your computer, for future reference. If you do not agree to these Terms and Conditions, please do not use the Service.
2. The Service
GengRemaja is a social networking service which allows registered members to create personal profiles and add-on other features which may be introduced from time to time to communicate with others in the GengRemaja community. The Service is available on web, wap, GPRS and/or other technologies which may become available in the future, and can be accessed through Karangkraf, our Affiliates and Partners and/or other referral sites. Other short text message (SMS), multimedia message (MMS) and other subscription services may be offered as part of the GengRemaja service, for which a separate subscription may or may not be required. You will be informed and your consent taken into note before these additional services can be activated
Membership in the Service is void where probihited. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or phone number. You are solely responsible for all Content published or displayed through your account, including any private messages and for your interactions with other members. You are solely responsible for your interactions with other GengRemaja members. Karangkraf reservces the right, but has no obligation, to monitor and resolve disputes between you and other Members.
You further represent and warrant that you are 16 years of age or older and that your use of the GengRemaja shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age, and you are younger than 18.
3. The Service: Submissions & Postings
3.1 Please note that because we and our designees host message boards, mobile logs and other forums found on the Service, including but not limited to our web and wap sites, and therefore redistribute materials you give us, we require certain rights in those materials. You acknowledge that in posting these materials on our Service, you own the legal rights and therefore, by sending or transmitting to us creative suggestions, ideas, notes, concepts, images or other materials (collectively, "Materials"), or by posting such Materials to any area of the Service, you grant us and our designees a worldwide, non-exclusive, sub-licenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.
3.2 The Service is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Service in any way, without our prior written permission, except in cases where we explicitly state that the materials are for your downloading pleasure or to be sent to your friends. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Service.
If you download any software from the Service, such software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title, and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.
3.3 While using the Service, you agree not to indulge in sexual, ethnic, racial or any discriminating slurs; restrict or inhibit any other visitor or member from using the Service; express or imply that any statements that you make are endorsed by us; or transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding. You shall not cause Karangkraf to be the subject of any claim or lawsuit arising from your postings, and shall be liable to indemnify Karangkraf should that arise.
4. Payment/Charges
4.1 You can subscribe to the Service by following methods prescribed by Karangkraf through the World Wide Web, or through mobile Internet connections, or by sending in mobile messages to number(s) specified by Karangkraf.
4.2 You shall make a selection of the Information to be transmitted to you with full knowledge of the costs involved. You are aware that each selection has a different cost implication. With each selection, you authorize Karangkraf or its agents to collect the payment through your mobile operator, on such amount that is necessary for you to receive the Information.
4.3 Notwithstanding any other provisions in this Agreement, your access to the Information shall be possible only when Karangkraf or its agents are reasonably satisfied that the corresponding payment can be collected through your mobile operator.
4.4 You may refer to the website of Karangkraf for the current charges for the use of the Service. Karangkraf reserves the right to vary the charges for the Service.
4.5 All payments and charges imposed by Karangkraf in relation to the use of the Service by you in this Agreement are separate from the charges which may be imposed by your mobile phone operator for the messages received by or sent through your mobile phone, and you shall agree to bear these charges imposed by your mobile phone operator when you use the Service.
5. Your Obligations
5.1 When you subscribe to the Service, you shall furnish Karangkraf with the accurate information about your mobile phone number and any other information deemed necessary by Karangkraf, and shall further update Karangkraf of any changes thereafter. You agree that Karangkraf will take reasonable steps to verify that you are the actual owner of the supplied mobile phone number.
5.2 You shall keep your password/PIN number confidential and secure and inform Karangkraf immediately if you believe that it has been divulged without your consent.
5.3 You shall ensure that the Service is not used for any improper or unlawful purposes or in any manner which is offensive or for a purpose which is unlawful, as described in Clause 3.3, nor allow others to do so directly or indirectly.
5.4 You shall agree to comply with this Agreement and any reasonable instructions that Karangkraf may give to you relating to the use of the Service.
5.5 You shall provide all necessary and/or reasonable assistance upon the request of Karangkraf to enable the provision of the Service.
5.6 You shall provide Karangkraf with any information reasonably requested by it and permit Karangkraf to use such information legally and properly.
6. Use of the Service
In the course of the use of the Service, you shall not store or archive the Information, except on a temporary basis so as to read it later and then delete it. You shall not copy, distribute, edit or change the Information, or transfer it to any other device. You shall not use the Service to disrupt any other data communications, or for any illegal purpose, or otherwise misuse the Service.
7. Data Protection and Privacy
7.1 Karangkraf may keep you informed by fax, post, email or free messages about other products or services and may disclose your personal data to other companies for this purpose. Unless you specifically state otherwise, you consent to the use and disclosure of your personal data for this purpose. If you do not wish your personal data to be used for this purpose, you shall inform Karangkraf of your decision either at the time of subscription or at any other time through the website of Karangkraf.
7.2 Karangkraf may at its sole discretion collect data and prepare reports regarding your use of the Service and shall keep such information confidential except where we are bound by other contractual arrangements to reveal such information to our Partners whose Service you are subscribed to.
7.3 Karangkraf may disclose your Data if required to do so by law, or in the good faith and belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Karangkraf; (2) protect and defend the rights or property of Karangkraf; or (3) act under exigent circumstances to protect the personal safety of its members or the public.
7.4 It is possible that as we continue to develop our Service and our business, Karangkraf and/or related assets might be acquired. In such a transaction, customer information may be transferred to the acquiring entity.
8. Responsibilities
Subject to clause 9 herein, Karangkraf is responsible for ensuring that the Information is forwarded to your mobile telephone operator or service provider, but the Service may be delayed or interrupted for technical or other reasons.
9. Suspension and Termination
9.1 Karangkraf reserves the right to suspend the Service at any time without prior notice to you for operational or other legitimate reasons (for example, when required to do so by any regulatory authority or your mobile phone operator or service provider or any incompatibility of your mobile phone service).
9.2 Karangkraf may terminate your use of the Service with immediate effect without prior notice to you, and without any refund or penalty, if you breach any of the provisions of this Agreement, or if you become bankrupt.
9.3 Without prejudice to clauses 9.1 and 9.2 above, either you or Karangkraf may terminate this Agreement at any time by providing the other party notice. Such notice shall be deemed to have been given by you to Karangkraf upon you performing the steps prescribed by Karangkraf to unsubscribe to the Service, and by Karangkraf to you, upon Karangkraf transmitting its intention to you over the SMS.
10. Copyright and Trademark Notices
10.1 All trademarks, service marks and logos used in the Service are the property of Karangkraf and/or its website partners.
10.2 No licence or right is granted and your use of the Service should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, service marks or logos appearing in the Service without the prior written consent of Karangkraf or its website partners. Save and except with Karangkraf's prior written consent, no such trademark, service mark or logo may be used as a hyperlink or to mark any hyperlink to any Karangkraf and its partners’ websites.
11. Disclaimer
11.1 Karangkraf does not warrant the truth, accuracy, adequacy, timely delivery, completeness or reasonableness of the Information and expressly disclaims liability for any errors in, or omissions from, the Information. No warranty of any kind, implied, express or statutory (including but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third-party intellectual property rights, fitness for a particular purpose and freedom from computer virus and other malicious code), is given in conjunction with the Information.
11.2 Under no circumstances shall Karangkraf be liable regardless of the form of action for any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer virus, malicious code, corruption, delay in operation or transmission, transmission error or unavailability of access in connection with your use of the Service even if Karangkraf had been advised as to the possibility.
11.3 Karangkraf shall not be liable for any failure or performance of the Service for reasons beyond its reasonable control including but not limited to default or failure of a third party (including any public telecommunications operator service provider or maintainer), government actions, failure in the supply of third parties access or other events or force majeure.
11.4 In no event shall Karangkraf be liable to you or any other party for any damages, losses, profits, revenue, anticipated savings, loss of data, expenses or costs whatsoever (including without limitation, any direct, indirect, special, incidental or consequential damages, loss of profits or loss opportunity) arising in connection with its negligence, or your use of the Service, or reliance on the Information or any other materials, regardless of the form of action and even if Karangkraf had been advised as to the possibility of such damages.
11.5 Karangkraf shall not be liable if you cannot receive the Service or if the Service is otherwise affected for any reason beyond its reasonable control.
12. Indemnity
You shall indemnify Karangkraf fully against all losses, liabilities, costs (including legal costs) and expenses which it may incur as a result of any breach of your obligations under this Agreement or misuse of the Service or any other party's breach of any provisions under this Agreement where such party is able to use the Service by using your user id and/or login password.
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