Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE ACCEPTANCE OF CONTRACT TERMS

The following terms of use (“Terms of Use”) are the terms of a legal agreement between you, on the one hand, and Mediasoft™ Entertainment Sdn Bhd (hereinafter collectively referred to as “Mediasoft™”), on the other hand.

The Mediasoft™ web group is comprised of various web sites, web pages and Software (as defined herein) owned and/or controlled and operated by Mediasoft™ (collectively, the “Sites”).

The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and as outlined on any of the Sites. By accessing, browsing and/or using the Sites, you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including Malaysia export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY OF THE SITES.

IF YOU BREAK OR VIOLATE ANY OF THESE TERMS AND CONDITIONS OR OTHERWISE VIOLATE ANY CODES OF CONDUCT, YOUR ACCOUNT, AND YOUR RIGHT TO USE THE SITES MAY BE TERMINATED OR SUSPENDED IMMEDIATELY BY TGC IN ITS SOLE DISCRETION AND WITHOUT NOTICE. IF YOUR ACCOUNT IS SUSPENDED OR TERMINATED YOU WILL NOT BE ENTITLED TO A REFUND OF ANY AMOUNTS PAID BY YOU TO USE THE SITES AND YOU WILL FORFEIT ALL OF YOUR UNUSED ACCESS TIME. YOU REPRESENT AND WARRANT THAT YOU ARE EITHER 18 YEARS OLD OR OLDER, OR HAVE OBTAINED EXPRESS CONSENT BY YOUR PARENT OR GUARDIAN.

If you have questions about these Terms of Use, please contact us at findus@vmediasoft.com.

The Sites may each contain additional terms, codes of conduct or guidelines that govern use of each particular Site, including without limitation, particular features (i.e., chat rooms and/or bulletin boards) and/or special offers (i.e., sweepstakes and contests).

In the event that any of the terms, conditions, and notices contained in these Terms of Use conflict with the additional terms, codes of conduct and/or guidelines contained within any particular Site, then these Terms of Use shall control; provided that in the event any subscription to a game, the particular terms of service and play for that game shall prevail.


PERSONAL AND NON-COMMERCIAL USE LIMITATION

Any information that you submit to our website becomes property of Mediasoft™. You may not advertise any goods or services on the Sites. Chain letters and pyramid schemes are not allowed. You may not use any of the Sites to collect information about Mediasoft™ Members, the use of any such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit the Sites, or any games or services offered on the Sites for any commercial purposes. Any violation of these provisions can subject to legal action, at Mediasoft™’s discretion.


INDEMNIFICATION

You agree that you will be personally responsible for your use of the Sites and for all of your Communications and activities on the Sites, including any content you contribute, and that you will indemnify, defend and hold harmless Mediasoft™, and its respective affiliates, employees, officers, and directors from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable attorneys’ fees) incurred by Mediasoft™ in connection with your use or alleged use of the Sites, including your conduct, and any Communications and/or content that you contribute to the Sites, and any breach of the Terms of Use or License Agreement (as defined herein). Mediasoft™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Mediasoft™’s defense of such claim.


LINKS TO THIRD PARTY SITES

The Sites may contain links to third party web sites (“Linked Sites”). These Linked Sites are not under the control of Mediasoft™ and Mediasoft™ is not responsible for the contents of any Linked Sites, including without limitation, any links contained in a Linked Site, or any changes or updates to a Linked Site. Mediasoft™ is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is Mediasoft™ responsible if the Linked Site is not working appropriately. www.vmediasoft.com are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mediasoft™ of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Mediasoft™ shall not be responsible or liable for any part of any such dealings or promotions.


CONTENT AVAILABLE THROUGH THE SITES

All content and software (“Software”) (if any) that is made available to view, play and/or download in connection with the Sites is owned by and is the copyrighted work of Mediasoft™ and is protected by copyright laws and international treaty provisions.


LIABILITY DISCLAIMER

THE INFORMATION, CONTENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITES AND TO THE INFORMATION THEREIN. MEDIASOFT™ MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.

MEDIASOFT™ MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES COMMUNICATIONS, CONTENT AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MEDIASOFT™ AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT MEDIASOFT™ SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS COMMUNICATIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY OF THE SITES. YOU SPECIFICALLY AGREE THAT MEDIASOFT™ IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MEDIASOFT™ IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL MEDIASOFT™ BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES COMMUNICATIONS, CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MEDIASOFT™ HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.


INTELLECTUAL PROPERTY

The Sites, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Sites and each area contained therein are copyrighted as a collective work under the Malaysian copyright laws. Mediasoft™ owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Sites (including, without limitation, content that Mediasoft™ enables you to download) without the express written permission of Mediasoft™ and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from the Sites is allowed by you only for your own use. You acknowledge that the Mediasoft™ and/or third-party content providers remain the owners of all materials posted on the Sites, and that you do not acquire any of those ownership rights by downloading copyrighted materials.


SUBMISSIONS

Mediasoft™ is pleased to hear from their customers and welcomes their comments regarding Mediasoft™’s services and the Sites. Unfortunately, however, company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Mediasoft™’s professional staff, might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

If at our request you send certain specific submissions (e.g., Communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of Mediasoft™. None of the Submissions shall be subject to any obligation of confidence on the part of Mediasoft™, and Mediasoft™ shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Mediasoft™ shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.


GENERAL TERMS AND CONDITIONS

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mediasoft™ as a result of this agreement or use of the Sites. Mediasoft™ reserves the right to disclose any personal information about you or your use of the Sites, including its contents, without your prior permission if Mediasoft™ has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Mediasoft™ or its affiliated companies; (3) enforce the Terms of Use; or (4) act to protect the interests of its Members or others. Mediasoft™’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mediasoft™’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Mediasoft™ with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Mediasoft™ with respect to the Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Mediasoft™ with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.