DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS & CONDITIONS
SyQic plc. (885452-W) ("we," or "us") provides/will be providing online entertainment services which Internet-based products include live and video-on-demand news and sports, TV dramas, movies, music variety and other video and audio entertainment via the website m.yoomob.tv ("the Content"). The Content is available for permissible viewing and/or use subject to compliance with the Terms & Conditions and any end user license agreement that might accompany an application or feature (the "Terms & Conditions").
CHANGES TO THE TERMS & CONDITIONS BY SyQic plc.
SyQic plc. may amend Terms & Conditions at any time by posting the amended Terms & Conditions at m.yoomob.tv. If we make a material amendment to the Terms & Conditions, we will notify you by posting notice of the amendment on m.yoomob.tv.
Any material amendment to the Terms & Conditions shall be effective automatically fourteen (14) days after it is posted and you will be deemed to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the Terms & Conditions, you should periodically review the most up-to-date version m.yoomob.tv.
Nothing in the Terms & Conditions shall be deemed to confer any third-party rights or benefits.
ACCESS AND USE OF THE CONTENT
SyQic plc. is pleased to grant you a non-exclusive limited license to use and/or view the Content for personal, non-commercial purposes subject to the Terms & Conditions.
You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content.
You may not either directly or through the use of any device, software, internet site, web-based service or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by SyQic plc. in writing.
You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links.
Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by SyQic plc.
You may not build a business utilizing the Content, whether or not for profit.
The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by SyQic plc. in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
You agree that SyQic plc. owns and retains all rights to the Content and services provided video. You further agree that the Content is owned or controlled by SyQic plc. and SyQic plc's licensors. The services provided by SyQic plc and the Content are protected by copyright, trademark, and other intellectual property laws.
You hereby irrevocably agree that you will not access the website m.yoomob.tv or use the Content in a way that:
violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
uses technology or other means to access, index, frame or link to the Content that is not authorized by SyQic plc (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to or distribution of the Content);
involves accessing the website m.yoomob.tv through any automated means, including "robots, " "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the services provided by SyQic plc and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
damages, disables, overburdens, impairs, or gains unauthorized access to SyQic plc's servers, computer network, or other user accounts;
removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Content and the services provided by SyQic plc;
encourages conduct that would constitute a criminal offense or give rise to criminal and/or civil liability;
violates the Terms & Conditions or any guidelines or policies posted by SyQic plc on m.yoomob.tv ;
interferes with any other party's use and enjoyment of the Content or the services provided by SyQic plc; or
attempts to do any of the foregoing.
If SyQic plc determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Content and/or the services provided by SyQic plc. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Content and the services provided by SyQic plc, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
You shall not use the website m.yoomob.tv to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. In you are in breach of this clause, you acknowledge that you will have caused substantial harm to SyQic plc and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay SyQic plc Ringgit Malaysia One Hundred (RM100-00) for each such unsolicited communication sent by you.
You may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by such additional terms and conditions, they are hereby incorporated into these Terms & Conditions.
SyQic plc may change, suspend, or discontinue - temporarily or permanently - some or all of the Content or the services provided by SyQic plc with respect to any or all users, at any time without notice. You acknowledge that SyQic plc may do so in SyQic plc's sole discretion. You also agree that SyQic plc will not be liable to you for any modification, suspension, or discontinuance of the Content and/or the services provided by SyQic plc.
SyQic plc has the right to terminate your access to the Content and/or the services provided by SyQic plc, at our sole discretion, immediately and with or without cause.
ACCOUNTS AND REGISTRATION
In order to access some or all the Content or services provided by SyQic plc, SyQic plc may require registration or the creation of an account on m.yoomob.tv. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply
All registration information you submit must be accurate and updated.
Please keep your password confidential. Please do not disclose your password to ANYONE.
You shall be responsible for all use on your account (whether authorised or otherwise) and the losses of SyQic plc or others due to such use.
Please notify us at firstname.lastname@example.org as soon as you know of, or suspect any unauthorized use of, your account.
Please also make sure to notify us if your registration information changes, in case we need to contact you.
SyQic plc will not be liable for your losses caused by any unauthorized use of your account.
You may never use another's account without permission.
You may terminate your account by emailing email@example.com and providing your account details and a valid reply email address in the event we require additional information to terminate your account.
SyQic plc reserves the right to immediately terminate your account or your use of the Content and/or the services provided by SyQic plc at any time, without notice or liability, if SyQic plc determines in its sole discretion that you have breached the Terms & Conditions, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Content and/or the services provided by SyQic plc if such use places an undue burden on our networks or servers.
Access to m.yoomob.tv and use of the Content and services provided by SyQic plc may at times be free or chargeable. SyQic plc reserves the right to impose a charge subject to notification on m.yoomob.tv. and you acceptance of such Charges
Access to the internet to view m.yoomob.tv may be free or chargeable, dependant on your carrier and any agreement with that carrier. You are responsible for any costs you incur to access the internet.
USER REVIEWS, COMMENTS, AND OTHER MATERIAL
We may allow the opportunity for you to publish, transmit, submit, or otherwise post (collectively, "Post") reviews and comments.
Your Posts will be subject to the rules below :-
You must not Post comments that: (i) contain unsuitable material (as may be decided by SyQic plc at our absolute discretion) or (ii) improperly claim the identity of another person or (iii) may offend any person or class of persons or (iv) may breach any laws
You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number, or street address.
LINKED WEBSITES AND ADVERTISING
The website m.yoomob.tv may contain links to third party websites that are not operated, owned or controlled by SyQic plc. SyQic plc is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SyQic plc will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release SyQic plc from any and all liability arising from your use of any third-party website.
When you click on a link on m.yoomob.tv, we will not warn you that you have left a site operated, controlled or otherwise connected to SyQic plc and you will be subject to the terms and conditions (including privacy policies) of the destination website.
SyQic plc shall not be responsible for the content or practices of any website other than m.yoomob.tv, even if it links to m.yoomob.tv and even if the website is operated by a company affiliated or otherwise connected with SyQic plc.
By using the Content and services provided by SyQic plc, you acknowledge and agree that SyQic plc is not responsible or liable to you for any content or other materials hosted and served from any website other than the website m.yoomob.tv.
SyQic plc takes no responsibility for advertisements or any third party material posted on m.yoomob.tv, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Content and/or the services provided by SyQic plc are between you and the advertiser, and you agree that SyQic plc is not liable for any loss or claim that you may have against an advertiser.
INTELLECTUAL PROPERTY RIGHTS
SyQic plc, the SyQic plc logo, the “Yoomob" logo, m.yoomob.tv, and other SyQic plc and/or "Yoomob" trademarks, service marks, graphics, logos, scripts, text, software, photos, music, videos, interactive features and sounds ("the SyQic plc Intellectual Property") are intellectual properties owned by or licensed to SyQic plc. None of the SyQic plc Intellectual Property may be used, copied, downloaded, or otherwise exploited without SyQic plc.’s prior written consent.
SyQic plc also respects the intellectual property rights of others, and requests you to do the same.
If you believe that any content or other material provided through m.yoomob.tv, including through a link, infringes your copyright, you should notify SyQic plc of your infringement claim.
We will process each notice of alleged infringement which SyQic plc receives and take appropriate action in accordance with applicable intellectual property laws.
To be effective, the notification must be in writing and contain the following information:-
an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on m.yoomob.tv that is reasonably sufficient to enable SyQic plc to identify and locate the material;
how SyQic plc can contact you, such as your address, telephone number, and email address.
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
SyQic plc has a policy of terminating repeat infringers in appropriate circumstances.
It is SyQic plc's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. SyQic plc's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any SyQic plc creative work, including a film, series, story, title, or concept, would be purely coincidental.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
YOU AGREE THAT USE OF THE CONTENT AND THE SERVICES PROVIDED BY SyQic plc IS AT YOUR OWN RISK. THE CONTENT, THE SERVICES PROVIDED BY SyQic plc AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH m.yoomob.tv ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SyQic plc DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE CONTENT AND THE SERVICES PROVIDED BY SyQic plc WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL SyQic plc OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE "SyQic plc PARTIES"), ASSUMES ANY LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE CONTENT AND/OR THE SERVICES PROVIDED BY SyQic plc, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM m.yoomob.tv, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH m.yoomob.tv BY ANY THIRD PARTY, AND/OR (V) 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 ON OR VIA m.yoomob.tv IN NO EVENT SHALL SyQic plc PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE CONTENT OR SERVICES PROVIDED BY SyQic plc, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM m.yoomob.tv, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SyQic plc IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OR ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR RINGGIT MALAYSIA ONE HUNDRED (RM100-00) ONLY (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE CONTENT AND THE SERVICES PROVIDED BY SyQic plc.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE SyQic plc PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THE TERMS & CONDITIONS OR YOUR USE OF THE CONTENT AND THE SERVICES PROVIDED BY SyQic plc OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS, INCLUDING WITHOUT LIMITATION, INTELLECTUAL PROPERTY, PUBLICITY OR PRIVACY RIGHTS. SyQic plc RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. THIS DEFENCE AND INDEMNITY OBLIGATION SHALL SURVIVE THE TERMS & CONDITIONS AND YOUR USE OF THE CONTENT AND THE SERVICES PROVIDED BY SyQic plc.
SyQic plc AGREE THAT ANY CAUSE OF ACTION AGAINST SyQic plc ARISING OUT OF OR RELATED TO THE CONTENT AND/OR SERVICES PROVIDED BY SyQic plc OR SyQic plc PARTIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Content and the services provided by SyQic plc is limited by the rights that our content licensors grant to us. Using technologies to access the Content or the services provided by SyQic plc from territories where SyQic plc does not have rights or does not offer services is prohibited.
The Terms & Conditions are governed by, and construed in accordance with, the laws and Courts of Malaysia in Malaysia without giving effect to principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts located in the Kuala Lumpur, Malaysia.
The Terms & Conditions operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from the Terms & Conditions and will not affect the validity and enforceability of any remaining provisions.
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into and comply with the Terms & Conditions.
The Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SyQic plc without restriction
Thank you for taking the time to read these Terms & Conditions.