The TOU may be updated at any time, and any such changes will be applicable to all subsequent access to or use of ALBALOO. If you continue to use ALBALOO after any amendments have been made, you are deemed to have read, understood and accepted the said amendments. If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of ALBALOO including deleting the smartphone application, in which case any continuing access or use of ALBALOO is unauthorized.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on ALBALOO.
THE APPS, THE WEBSITES AND THE SERVICES
Use by you of any ALBALOO product through the website, smartphone application and computer servers (the "Services") are subject to the terms and conditions of this TOU.
We reserve the right to prevent you from using the ALBALOO product and the Services (or any part of them) in the event of any breach of the terms of this Agreement or any other related terms between you and us.
In order to use ALBALOO and/or Services, you will require the necessary hardware such as smartphone, internet connectivity and appropriate telecommunication links, which we do not provide. We shall not be liable for any telephone costs, telecommunication costs or other costs that you may incur in accessing or using ALBALOO and/or the related Services. Please consult your service provider for any cost that might be applicable.
We have the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via ALBALOO by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of ALBALOO) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that we deem necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Our action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.
You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives including that of our related entities (where applicable) (collectively, "ALBALOO Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither us nor any ALBALOO Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.
Although ALBALOO Representatives may moderate content, conduct and TOU compliance on ALBALOO, ALBALOO Representatives have no authority to make binding commitments, promises or representations to anyone that they will "take care" of any alleged problem or complaint, or that they will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any ALBALOO Representative would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that ALBALOO Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that an ALBALOO Representative or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported TOU violation.
We also have the right to limit, modify, interrupt, suspend or discontinue all or any portions of ALBALOO at any time without notice and shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
CONTENT AND CONDUCT
We are not responsible for and make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, and research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
Content prohibited from ALBALOO includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful, prostitution, or pornographic content, Hate against age, religion, race, sex, sexual orientation or nationality); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via ALBALOO); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to ALBALOO would violate these TOU; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on ALBALOO and all such prohibitions are expressly incorporated into these TOU as stated in section 1 above.
You automatically grant and assign to us and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post with regard to ALBALOO products. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
You agree to indemnify and hold us and ALBALOO Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by us and/or ALBALOO Representatives.
We are not responsible for and make no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry and research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to ALBALOO, and, if you create an account on ALBALOO, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold us and/or ALBALOO Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to ALBALOO, and related to or arising out of any conduct or activities on, through or by use of your ALBALOO account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by us and/or ALBALOO Representatives.
POSTING AND ACCOUNTS
This section 5 applies to all uses and users of ALBALOO, unless we specifically authorize an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.
ALBALOO allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on ALBALOO is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to ALBALOO.
Users may not circumvent any technological measure implemented by us to restrict the manner in which content may be posted on ALBALOO or to regulate the manner in which content may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise);
CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent ALBALOO accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."
It is expressly prohibited for any third party to post content to ALBALOO on behalf of another without ALBALOO’s knowledge and consent. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.
It is expressly prohibited to post content to ALBALOO using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to us for each instance of access to ALBALOO (by any user or other third party) using that automated means.
Affiliate marketing is expressly prohibited on ALBALOO. Users may not post content or communicate with any ALBALOO user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
A user may maintain and use no more than one account to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU.
A user may create an account, only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts for him/her. The creation of accounts for others is expressly prohibited.
A user must only use his/her own account, and may not use any account of another.
The purchase and sale of an Albaloo account is expressly prohibited.
A user must create his/her account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. The circumvention of any technological restriction or security measure in the account creation process is also expressly prohibited.
A user shall not "flag" (or otherwise seek removal of) content on ALBALOO without a personal, good-faith belief that the content violates the TOU. A user may flag content only on his/her own behalf. A user must not permit, enable, induce or encourage others to flag content for them. A user must not flag content for others.
A user may flag a specific item of content only once.
A user flagging content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use of proxy servers or any means whatsoever). Users violating this rule will be blacklisted from use of ALBALOO.
UNAUTHORIZED ACCESS AND ACTIVITIES
This section 6 applies to all uses and users of ALBALOO, unless we specifically authorize an exception to a particular term for a particular user in a written agreement. We have the sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 6.
To maintain the integrity and functionality of ALBALOO for its users, access to ALBALOO and/or activities related to ALBALOO that are harmful to, inconsistent with or disruptive of ALBALOO and/or its users' beneficial use and enjoyment of ALBALOO are expressly unauthorized and prohibited. For example, without limitation:
The collection of ALBALOO users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
Any copying, aggregation, display, distribution, performance or derivative use of ALBALOO or any content posted on ALBALOO whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and non-commercial public archives will be entitled to access ALBALOO without individual written agreements executed with us that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant ALBALOO website, service, forum or content; (b) they access ALBALOO from a stable IP address using an easily identifiable agent; and (c) they comply with our robots.txt file; provided however, that we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access ALBALOO without their own written agreement executed with us), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.
Any access to or use of ALBALOO to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with ALBALOO (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
If you access ALBALOO or copy, display, distribute, perform or create derivative works from ALBALOO webpages, application or our other intellectual property in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on ALBALOO or any provision of the TOU that restricts content, conduct, accounts or access is expressly prohibited.
Any effort to decompile, disassemble or reverse engineer all or any part of ALBALOO in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
Any activities (including but not limited to posting voluminous content) that are inconsistent with use of ALBALOO in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of ALBALOO in any manner are expressly prohibited.
Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOU.
USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS
We and/or ALBALOO Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry or due diligence with respect to your interactions with others.
You agree to indemnify and hold us and/or ALBALOO Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by us and/or ALBALOO Representatives.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise expressly stated, all intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trade marks, service marks, trade names and/or designs (including the "look and feel" and other visual or non-literal elements)) (whether registered or unregistered) in the ALBALOO Apps, Website and Services, information content on the Apps and / or the Website, any database operated and maintained by us and (d) all the website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) are owned by us or licensed to us. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights.
None of the material listed in Clause above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Apps and / or the Website or accessed as part of the Services without our permission.
All rights (including goodwill and, where relevant, trade marks) in the “ALBALOO” name is owned by us or licensed to us. Other product and company names mentioned on the ALBALOO products and/or Services are the trade marks or registered trade marks of other third parties.
Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or participating vendor or merchant and may be protected by applicable copyright or other law, and you shall have no right to any such contents.
The authors of the literary and artistic works in the pages in the ALBALOO products and/or Services have asserted their moral rights to be identified as the author of those works.
Your access to, use of and reliance on ALBALOO and content accessed through ALBALOO is entirely at your own risk. ALBALOO (including, without limitation, the websites, mobile application, services, forums and content accessed through the websites, mobile applications, services and forums) is provided on an "as is" or "as available" basis without any warranties of any kind.
All express and implied warranties (including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights) are expressly disclaimed.
Without limiting the foregoing, we also disclaim all warranties for or with respect to: (a) the security, reliability, timeliness, accuracy and performance of ALBALOO and content accessed through ALBALOO; (b) computer worms, viruses, spyware, adware and any other malware, malicious code or harmful content or components accessed, received or disseminated through, related to or as a result of ALBALOO or content accessed through ALBALOO; (c) any transactions or potential transactions, goods or services promised or exchanged, information or advice offered or exchanged, or other content, interactions, representations or communications through, related to or as a result of use of ALBALOO or content accessed through ALBALOO (including, without limitation, accessed through any links on ALBALOO or in content).
These disclaimers shall apply to the fullest extent permitted by law.
Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
LIMITATIONS OF LIABILITY
We and/or the ALBALOO Representatives shall under no circumstances be liable for any access to, use of or reliance on ALBALOO or content accessed through ALBALOO by you or anyone else, or for any transactions, communications, interactions, disputes or relations between you and any other person or organization arising out of or related to ALBALOO or content accessed through ALBALOO, including but not limited to liability for injunctive relief as well as for any harm, injury, loss or damages of any kind incurred by you or anyone else (including, without limitation, direct, indirect, incidental, special, consequential, statutory, exemplary or punitive damages). This limitation of liability applies regardless of, but is not restricted to, whether the alleged liability, harm, injury, loss or damages arose from authorized or unauthorized access to or use of ALBALOO or content accessed through ALBALOO; any inability to access or use ALBALOO or content accessed through ALBALOO; or any removal, deletion, limitation, modification, interruption, suspension, discontinuance or termination of ALBALOO or content accessed through ALBALOO.
These limitations shall also apply with respect to damages resulting from any transactions or potential transactions, goods or services promised or exchanged, information or advice offered or exchanged, or other content, interactions, representations, communications or relations through, related to or as a result of ALBALOO or content accessed through ALBALOO (including, without limitation, any links on ALBALOO and links in content accessed through ALBALOO).
You hereby release us and each of the ALBALOO Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to ALBALOO or content accessed through ALBALOO, or any interactions with others arising out of or related to ALBALOO or content accessed through ALBALOO.
These limitations shall apply to the fullest extent permitted by law.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please send a written notice to us via email@example.com.
You acknowledge and agree that any violation or breach of the TOU may cause us immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.
In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility.
Please note that if you allow a Platform Application or Third Party Site to authenticate you or connect with your ALBALOO account, that application or website can access information on the Apps and / or the Website related to you and your connections.
AVAILABILITY OF THE APP, SECURITY & ACCURACY
- We make no warranty that your access to ALBALOO will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
- Access to ALBALOO may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of ALBALOO and/or Services for any reason. If we impose restrictions on you personally, you must not attempt to use ALBALOO products and/or Services under any other name or user or on any other mobile device.
- We do not warrant that the ALBALOO products and/or Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the ALBALOO products and/or Services or your obtaining any material from, or as a result of using, ALBALOO products and/or Services. We shall also not be liable for the actions of third parties.
- We may change or update the ALBALOO products and/or Services and anything described in it without notice to you. If the need arises, we may suspend access to the ALBALOO product(s) and/or Services, or close it indefinitely.
- We make no representation or warranty, express or implied, that information and materials on the ALBALOO are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
DISPUTE RESOLUTION AND GOVERNING LAWS
- In the event of a dispute in relation to use of ALBALOO products and/or Services, or in relation to the breach of any terms of this TOU, both parties shall attempt to resolve the manner internally through our Customer Support mechanism by sending a complaint to firstname.lastname@example.org
- Either party shall be entitled to proceed with legal recourse only if the matter is not resolved within a reasonable time via the Customer Support mechanism.
- This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts.
Without limiting the foregoing, we shall have the right to immediately terminate or suspend any of your passwords or accounts in the event we consider, in our sole discretion, any of your conduct to be unacceptable, or in the event you breach this TOU.
In the event we suspend any of the ALBALOO products and/or Services, we may refuse to restore the ALBALOO products and/or Services until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this TOU.
Without limitation to anything else in this clause, we shall be entitled immediately or at any time (in whole or in part) to (i) suspend the ALBALOO products and/or Services; (ii) suspend your use of the ALBALOO products and/or Services; (iii) suspend the use of the ALBALOO products and/or Services for persons we believe to be connected (in whatever manner) to you; and/or (iv) terminate this TOU immediately if:
- You commit any breach of this Agreement;
- We suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
- We suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any other person.
- We are required to comply with any request from law enforcement agencies and / or authorities.
Our rights to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to and right until termination.
All Notices required to be sent pursuant to this Agreement shall be sent:
- by email to you at the email address provided during registration of account;
- by email to us at email@example.com