OffGamers Space and OffGamers Blog TERMS AND CONDITIONS OF USE
Community Services (“OffGamers Space” - as defined below) rendered by OffGamers Ltd (“OffGamers”) are subjected to these Terms of Service with exclusion of any other terms and conditions stipulated or referred to by you, the Customer. You acknowledge that you are aware of the contents of and agree to be bound by these Terms of Service. Any new features, upgrades, variations or new packages which are added to the current Service shall also be subject to these Terms of Service. OffGamers reserves the to right at its absolute and sole discretion to vary, modify, delete, update or suspend these Terms of Service (or any part thereof) without prior notice to you. As such, you understand and acknowledge that it is your duty to review these Terms of Service on a regular basis.
Should you breach any of these Terms of Service, OffGamers shall have the exclusive sole and absolute right to terminate, discontinue or withdraw the provision of the Service to you. In the event of a breach by you, OffGamers reserves its right to pursue any remedy or relief in so far as permitted by law, which includes but is not limited to injunction, damages and/or specific performance.
Description of the Service
- My OffGamers website are made available and is accessible via this website.
- You understand and accept that your use (whether in the manner stipulated or otherwise) of the Service is at your own risk.
- OffGamers Space services include but shall not be limited to the following:-
3.1 Social Networking; 3.2 Online Forum; 3.3 Member Profile; 3.4 Corporate Blog; 3.5 Content Rating System; and 3.6 any other service made available by
OffGamers Space
- You must be 18 years or older to use the Service. Parental consent is needed or involvement shall be required in the event that you have not attained the age of 18.
- You are responsible for keeping your password secure. You are responsible for maintaining the confidentiality of the password and account and are solely and fully responsible for all activities that occur under your password or account, whether or not you have authorized such activities or actions. MY OffGamers cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
GRANT AND RESTRICTIONS ON USE The materials published on this Site, and any other World Wide Web site owned, operated, licensed, or controlled by OffGamers or any of its related, affiliated or subsidiary companies (collectively the "Materials") may not be copied or distributed, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by OffGamers or any of its relevant related, affiliated or subsidiary company or companies, as the case may be. OffGamers hereby grants you a limited license to use the Materials, features and services provided by OffGamers on this Site, solely for your personal, non-commercial use, to post any comment, oppinions or other material, subject to these Terms and Conditions. All of the Materials available on OffGamers Space are proprietary and the subject of copyright and author’s rights and nothing herein shall be construed as conferring in any manner, whether by implication, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property right.
ACCEPTABLE USE POLICY You are prohibited from transmitting any “sensitive” personally identifiable information over OffGamers Space, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters (“Sensitive Personal Information”). You are also prohibited: (i) from using OffGamers Space to send or post harassing, abusive, or threatening messages; (ii) transmit through the Web Site any information, data, text, files, links, software, or other materials that OffGamers considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable or which threatens our relationships with our partners, customers or suppliers; (iii) from attempting to conceal or misrepresent the identity of the sender or person submitting the information; (iv) disrupting the normal flow of OffGamers Space, including any dialogue on OffGamers Space or otherwise act in a manner that negatively affects other participants; (v) from sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing OffGamers Space; (vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming; (viii) posting Submissions or using OffGamers Space in such a way that damages the image or rights of OffGamers, other Users or third parties; and (ix) from creating any frames at any other Sites pertaining to any portions of this Site.
USER SUBMISSIONS You give OffGamers a non-exclusive, free, worldwide license for the duration of the applicable author’s rights, to publish your remarks, ideas, graphics, photographs, or other information communicated to OffGamers through OffGamers Space. In addition to the right to publish, OffGamers is also granted under said license the following rights, without limitation: (i) the right to reproduce; (ii) the right to transfer, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, translate, in all or in part; (iv) the right to update/upgrade by adding or removing; and (v) the right to film, perform or post the Submission in any media. Except as described in our Privacy Policy, OffGamers will not be required to treat any Submissions as confidential. Your Submission, including any personally identifiable information, is voluntary and subject to the Privacy Policy. You are responsible for the content of the Submission and agree to defend , indemnify and hold OffGamers harmless from any damages, losses, costs, or expenses, including attorneys' fees, which OffGamers may incur as a result of your Submission. If you are viewing this Site on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off this Site and the computer system you are using to prevent unauthorized Submissions. OffGamers retains the right to review, edit, or delete from this Site any Submission which OffGamers in its sole discretion considers illegal, offensive, or otherwise inappropriate.
Due to the volume of responses, it is not possible for us to respond to or publish every Submission made to OffGamers Space. By making a Submission to OffGamers Space, you hereby represent and warrant that: (i) you either own or control all of the rights to the content submitted; (ii) you have obtained permission from the owner of the content to submit the information; and (iii) that you have received all necessary permissions from any person mentioned in Submission to submit such information to OffGamers Space to be used in accordance with these Terms of Use.
ACCESS TO SITE OffGamers reserves the right to review your Submissions in order to ensure compliance with these Terms and Conditions and our Privacy Policy. OffGamers reserves the right to deny or revoke access to this Site, or any part thereof, at any time in its sole discretion, with or without cause. Your access to this Site will terminate upon the termination of these Terms and Conditions for any reason. While OffGamers endeavors to ensure that this Site is available at all times, OffGamers shall not be liable if, for any reason, this Site is unavailable at any time or for any period.
DISCLAIMER THE MATERIALS AND INFORMATION ON THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. OFFGAMERS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS, INFORMATION AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OFFGAMERS PROVIDES THIS SITE ON THE BASIS THAT OFFGAMERS EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL) WHICH BUT FOR THESE TERMS AND CONDITIONS MIGHT HAVE EFFECT IN RELATION TO OFF GAMERS.
LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OFFGAMERS, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING OFFGAMERS SPACE) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF OFFGAMERS EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH OFFGAMERS SPACE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF MY OFFGAMERS, ANY WEBSITES LINKED TO OFFGAMERS SPACE, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING OFFGAMERS SPACE OR YOUR DOWNLOADING OF ANY MATERIAL FROM OFFGAMERS SPACE OR ANY WEBSITE LINKED TO OFFGAMERS SPACE.
NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT OFFGAMERS’ LIABILITY FOR (I) FRAUD; WILLFUL MISCONDUCT OR GROSS NEGLIGENCE; (II) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR (III) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.
JURISDICTION; COMPLIANCE WITH LAWS Access to and use of this Site and these Terms and Conditions are governed by Malaysia federal law. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, OFFGAMERS SPACE OR THESE TERMS AND CONDITIONS SHALL BE INSTITUTED ONLY IN MALAYSIA. YOU AND OFFGAMERS AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
WAIVER The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms and Conditions will not impair any such term or right nor be construed to be a waiver thereof and shall in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.
MISCELLANEOUS If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Site for illegal purposes will be provided to law enforcement authorities. These Terms and Conditions and the Privacy Policy constitute the entire agreement between the parties relating to the use of this Site and supersede and replace any prior agreement and communication between the parties, except as otherwise set forth above. Save as provided in these Terms and Conditions, you shall have no remedy in respect of any untrue statement (whether written or oral) made to you upon which you rely in agreeing to these Terms and Conditions (a “Misrepresentation”) and OffGamers shall have no liability to you other than pursuant to these express Terms and Conditions. Nothing in these Terms and Conditions shall exclude or limit OffGamers’s liability for any Misrepresentation knowing it was untrue. In the event you browse, access or use another Site hosted by OffGamers or its affiliates, you may be subject to alternative terms and conditions of use, as may be specified on such Site. In such event, the terms and conditions of use applicable to that Site will govern your use of OffGamers Space.
MODIFICATIONS TO TERMS AND CONDITIONS OffGamers can revise these Terms and Conditions at any time by modifying or updating this posting, except where other notice or consent is required by law. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated. These Terms and Conditions were last revised on May 19, 2009.
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