END USER LICENSE AGREEMENT (“Agreement”)
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES OFFERED BY MEMO TECHNOLOGY(HK) LTD. DOING BUSINESS AS Tubicast(“Tubicast”) (“COMPANY”). BY VISITING THE SITES OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE SITES OR SERVICES. USE OF COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
GENERAL TERMS & CONDITIONS OF USE (“Terms of Service”)
1. ACCESS TO THE SERVICES
The website and domain name and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by Company in connection therewith (collectively, the “Site”) are owned and operated by Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain software or services (including without limitation the Tubicast software), as described more fully on the Site, and that have been selected by you (together with the Site), solely for your own use, and not for the use or benefit of any third party. The term “Services” (as defined below) includes, without limitation, use of the Site, any service Company performs for you, and the Content (as defined below) offered in connection therewith. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at www.tubicast.com.
You represent and warrant to Company that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
"Accessories" shall mean any additional software application that modifies the use of the downloadable Assistant that facilitates or makes available additional functionality which may be provided by this Site or by independent third parties over whom this Site has no control. "Assistant" shall mean any software application provided at time of signup or subsequently, which can be downloaded from the Site, which enables registered Users to use this Site for additional purposes to be specified at the time of launching such facilities.
"Content" shall mean all data that is provided directly or indirectly to the User, including but not limited to images, sounds, text, multimedia applications such as e.g. video and audio, software and any other applications including all software used within the Site itself and any updates, releases or developments thereof.
"EULA" shall mean this Agreement, as amended from time to time, whether issued by this Site at the present or any subsequent time or by any affiliate or content provider.
"ISP" shall mean internet, telecommunications, cable or other network service providers, as used by User in order to access the Internet and use the Services provided by this Site. “I-frames” shall mean an HTML document and or site embedded inside another HTML document and/or site.
"Licence" means any licence, authority or permit lawfully held by any User, or otherwise required to be held by any User, for the reception of television signals.
"Recording" this Site does not record or copy any material, neither is it permitted to do so, although Users may at some stage be provided access to utilities that may allow them to record content in their domestic premises, for personal and private use.
"Residence" means the territory/country in which the User resides and in which the User is situated at the time of accessing this website.
"Services" shall mean (a) the Site and/or the Assistant and/or any Accessories and (b) the services provided through the Site and/or the Assistant and/or any Accessories and (c) all Content made available through the Site and/or the Assistant and/or any Accessories, as amended, expanded, modified or reduced from time to time.
"Streaming" means access to live content simultaneous to it is being broadcast.
"Territory" is the country or countries in which the User is lawfully entitled to use the Services.
"Terms of Service" shall mean General Terms and Conditions of Use, as amended from time to time and as detailed below.
"Tubicast" shall mean Tubicast APP, and all associated and affiliated websites, domains and businesses owned, managed and controlled by MEMO TECHNOLOGY(HK) LTD. or their successors, partners, agents, consultants, staff, advisers, suppliers, associates, affiliates or any other party involved in the Site or the business relating to the Site.
"User" is a private person of legal age and/or with sufficient legal capacity to conclude agreements, who has read, understood and accepted the EULA and Terms of Service and who will use the Services for private use only in the area in which the broadcast being watched is intended to be viewed, subject to the EULA and Terms of Service.
"User ID" are identifiers specific to the User including but not limited to User's e-mail address, User names, passwords etc. that are required to access certain parts of the Site and/or to use the Services. The Company may amend, modify, expand or reduce the User ID conditions at any time.
3. SCOPE OF SERVICE AND ACCEPTANCE OF TERMS
The Company provides an online Content streaming service to Users for personal, private and domestic use only, to qualified Users who may only access the Site from the area from within which the broadcast was intended to be viewed and strictly subject to the terms and conditions set out within.
By indicating their acceptance of the EULA and Terms of Service, Users confirm that they are of legal age and meet all legal conditions to commit themselves to these Terms of Service, that they have read, understood and agree to these Terms of Service, that they will abide by such terms and will indemnify the Company in respect of any failure on their part for failure to do so.
These Terms of Service may be modified, extended or replaced at any time, and notice will be given of such changes in the forum at such times. It is the User's responsibility to make themselves aware of such changes by visiting the forums regularly.
4. USER'S OBLIGATIONS
4.1 User identification
Users agree to keep their User details confidential and to only use his or her personal User ID when logging in and using the Services and not communicate this to others.
4.2 Compliance with legal and other restrictions
Users are solely responsible for any and all activities carried out using their smart phones, devices and/or equipment, including the need to take adequate precautions to safeguard against trojans, spyware, malware, viruses, and other threats to their security and that of any network to which they are connected.
Users are responsible the use of their smart phones, devices and/or equipment and access to the Services provided, including access by minors whether under their control or otherwise, or those of a particular disposition with regard to access to broadcast content.
Users undertake to refrain from any act or omission that would be contrary to the laws of the country in which they are accessing this Site.
It is the sole responsibility of each individual User to abide by these terms and any other contractual provisions or general terms of his or her ISP.
Users will not engage in any illegal, unacceptable or unauthorized use or access to third party property such as e.g. smart phones, computers, hardware, networks, software and data and each User will refrain from any action which damages or could damage, compromise or destroy third party property such as e.g. smart phones, computers, hardware, networks, software or data or which circumvents, interferes with or otherwise hinders or hampers the functionality or the use of the Services.
It is the User's sole responsibility to establish whether the use they put to the Services provided require authorization or registration with any third party, whether any fees or licences for the receipt of Content programs or other broadcasting formats apply or whether any copyright royalties are due. Each User acknowledges and agrees that he or she will diligently and expediently comply with such obligations at all times, and continue to do so for so long as they shall continue to use the Services.
Users are required to respect and uphold all rights and intellectual property of those whose content is or may be made available using the Services provided, which are provided for personal, private and domestic use of the individual User only and provided he or she is situated within the area for which the broadcast concerned is intended.
4.3 Private and Personal use only
Users shall only use the Services for his/her own private, personal and domestic purposes. Users shall in particular not make the Services available and accessible to third parties, e.g. to an open group of people by exposure or display of the Services in public areas, including but not limited to cinemas, theatres, exhibitions, show rooms, hotels, bars, clubs, pubs, restaurants, or other public spaces. The receipt or further transmission of content and the use of the Services in such areas is illegal and violates third party rights including but not limited to copyrights and public performance licences.
Users acknowledge that the Services may only be used if the legal and technical conditions are fulfilled. It is each User’s; sole responsibility to make sure that his or her smart phones, IT systems, software and components fulfill the system requirements in order to be able to use the Services and that the contract between the User and his or her ISP permit the use of the Services, in particular regarding bandwidth use.
Users are solely responsible for the costs of accessing/using the Services provided.
Users may not link to URLs, use I-frames (or "in page viewers"), access content unless through the browser interface or an approved application or otherwise misuse the Services.
4.4 Respect for copy-righted material
Users acknowledges that all Content made available in relation with the Services provided by this Site are subject to copyright and are for private, personal, domestic and instantaneous viewing at the time of receipt. Users may not temporarily or permanently store or copy any of the Content on its hard disk using the provided facilities, or on any other data carriers nor may User otherwise make the Services and Content available to third parties, e.g. by modifying, circumventing or removing any Digital Rights Management (DRM) functions and procedures, by selling, leasing, sublicensing, distributing, broadcasting, transmitting, modifying, translating or otherwise amending the Services including conversions of Content into other formats etc.
Users may not decompile, reverse engineer, disassemble or otherwise intend to make any software used in combination with the Services or available at any time on this Site, including the source code, available to third parties, unless where categorically permitted by other agreements.
Users may not provide links to this Site, nor use this Site either embedded within another site ("I-Frames") neither may they use or distribute URLS to allow others to do so.
Users further acknowledge and agree that other third party data published on the Site or otherwise made available in combination with the Services may also be copyright protected or otherwise protected by intellectual property rights and Users undertake that he or she will not copy or otherwise use such data without the rights holder's consent or otherwise complying with the relevant law.
4.5 Legal restrictions on use of the Services
The use of Services and in particular the Content accessed may be restricted to persons and audiences who meet certain requirements such as being of legal age as provided by local laws etc. Each User is individually and solely responsible for the use he or she may make of the Site, for their choices of viewing and for the suitability of that content for viewing.
In particular, Users shall pay particular regard to the protection of minors under their supervision, and shall not permit unsupervised access and take all reasonable steps to protect minors and those with any vulnerability or susceptibility from viewing content unsuited to them.
The Company accepts no responsibility or liability for any action, neglect, omission or oversight of the User or of any third party in this respect.
4.6 Territorial limitations
User undertakes only to use the Services in the country in which he or she resides and in the area in which the broadcast was intended to be viewed. Users acknowledge that the availability of certain Content channels may vary if using the Services in a different country to that of the country of their personal residence.
4.7 Duty to protect User's smart phones, devices, equipment & networks
Users acknowledge that the internet is an unregulated medium, resulting in a risk to all smart phones attached or connected to it. It is the Users responsibility to protect his or her smart phones and associated IT systems, equipment on which the Services are used and his or her software against unauthorized access, bugs, viruses, worms, spyware, adware, malware, trojan horses etc. User should refrain from any and all activities that may endanger the operability and security of the Services and/or of networks, especially where such are the property of or are used by others (which should always be with their consent).
4.8 Users duty to advise
Users undertake to immediately inform the Company of any defects, disruptions or non-availability of Services which it gains knowledge of and, in particular, of any use of the services that are illegal or in breach of the EULA and/or the Terms of Service on the part of the User (e.g. hackers, abuse of site terms and conditions, linking, etc.).
4.9 User generated content
Where User generated content may be permitted and reproduced or accessible via this Site, the originating user is held exclusively responsible for the contents of such, whether used on the website, in forums, in articles, blogs or reports. The Company does not accept responsibility for such content, whether written, visual or otherwise, and does not moderate, view, regulate or control such contributions save in response to a specific complaint. The User is therefore held responsible for such content, including copyright in any original work, intellectual property, third party rights or whether the contents of such material are inflammatory, racist, promote unlawful or indecent activity or are discriminatory with regard to age, race, gender, colour, religion, sexual orientation, political view or could in any way be construed as offensive by any party.
4.10 Obligation to hold the Company harmless
Users shall hold the Company, its parent companies, affiliates, subsidiaries, officers, directors, employees, agents, suppliers, staff, admin, moderators or auxiliary persons harmless from any claims of third parties filed against any or all of the aforementioned parties, arising out of the violation of any of the terms of service and actions of Users.
5. COSTS FOR THE USE OF THE SERVICES
5.1 Cost of Services
The use of the Services is completely free of charge for the User.
The Company reserves the right to modify or alter its revenue model at any time.
5.2 Internet and other usage costs
Each User is responsible for their own costs of use including, but not limited to, computing resources, network costs, internet access, ISP charges, and those of any telecommunications intermediary involved in the process of making Services available.
6. INTELLECTUAL PROPERTYS
6.1 The Company Intellectual Property
The software developed by the Company and all data and information displayed on the Site or any material so provided is copyright protected or otherwise protected by intellectual property rights and may not be used without the consent of the Company.
6.2 User copyrights
Users grant the Company a world-wide, non-exclusive, sub licensable, transferable and royalty-free license to use, copy, distribute, transmit, process, modify, publicly display and perform or otherwise use such content in any media format, inter alia for promotional or advertisement purposes or for the improvement and further development of the Services. Users acknowledge and agree that his or her content may have to be modified in order to conform and adapt to technical or other requirements.
Further, by posting any content on the site, or submitting any content to the site, Users acknowledge and agree that any of the content provided is not confidential and that the Company may use such content for the afore mentioned purposes without entitlement of compensation to Users or liability of the Company. This provision does not apply to personal information which is subject to the data protection provisions as established in these Terms of Service, except to the extent Users themselves make such personal information publicly available to third parties by way of the use of Services, the Site or otherwise.
6.3 Content Copyrights
Nothing shown, contained or referred to within or on this Site shall be deemed to infer any claim to ownership of any copyrights or intellectual property in any of the content displayed or available to Users.
All rights, copyrights and intellectual property are owned by their respective broadcasters and/or producers, and such ownership of all intellectual property belonging to others is duly acknowledged.
Any marks, logos, get-ups or brand identifiers are used solely to identify the Content channels and/or applications available on Tubicast.
7.1 Advertisements in combination with the content
When using the Services, advertisements may be visible and audible on the Content channels displayed. User acknowledges and accepts that the Company is neither responsible nor liable for the content of such advertisements nor for the compliance of such advertisement with applicable laws.
7.2 Channel switch ads and other advertisement
Before tuning into each Content channel, advertisement may be visible on Users' screen for a certain period of time. The Company may also use other means of advertisement such as banners, links, interactive and virtual advertisement, split screens etc. Users agree to being exposed to advertisements in general and targeted advertisements in particular.
Users acknowledge and agrees that the Company is neither responsible nor liable for the content of such advertisement nor for the compliance with applicable laws.
8. DATA PROTECTION
User is aware that the use of the internet can never be 100% secure and that there are certain inherent risks for the protection of personal data. The Company shall exercise reasonable diligence to protect personal data but it cannot guarantee or warrant that data provided by the User to the Company is safe and protected from unauthorized third party access and no liability is accepted in this respect.
When subscribing to or using the Services, certain personal data may be collected and processed in accordance with established standards of data protection. Collected personal data includes or may include in the future, name and address, age, gender, income, education, hobbies and preferences and IP address.
Users acknowledge and agree that Tubicast, by way of setting cookies, may collect data on usage of the Services by User such as IP address, TV channels and advertisements viewed, duration of a session and page views on the Site. Such data is not necessarily retained, neither is it necessarily retained within the country in which the individual User resides.
By way of simplified explanation, cookies are small packages of data stored on User's computer and/or smart phone memorized by the User's browser. Such cookies usually take the form of a short line of text. Cookies allow faster navigation on websites, allow a personalized access of User in accordance with preferences and needs and prevent misuse of the Site. Users may at all times erase cookies from their computer and/or smart phone by using the respective functions of the browser. Users acknowledge and accept that the removal of cookies may have an impact on the performance of the Services. Notwithstanding the disabling of the cookies, Users' may remain traceable through use of their individual Users details (such as username and password).
By using the Services Users acknowledge and agree that the aforementioned personal data is collected and processed for general information purposes, for marketing purposes of the Company, its parent companies, affiliates and subsidiaries and for the improvement of services (e.g. for the improvement of services which conform to each User's preferences and needs and for the customization of targeted ad campaigns).
The Company is entitled to transfer such data in an anonymous format to its parent companies, affiliates, subsidiaries and to third parties for market research purposes and for measuring the usage of the Services and of the advertisements displayed (channel switch ads, banners, links etc.) and the page views generated on the Site. Users acknowledge and confirm that for the purposes described above the Company may transfer and export the data to parties which are located in foreign countries even if such country does not offer the same level of data protection as that in which the User may be resident. Additionally, Users acknowledge and confirm that the Company may make such personal data available to state authorities in the event of illegal activities, violations of the EULA and/or the Terms of Service or in case public security is at risk. Such personal data is stored by the Company in accordance with and for the duration established in the provisions of data protection provisions established in Malaysia and it may be deleted by the Company in accordance with such provisions, subject to compulsory legal provisions or orders from national authorities such as courts requiring the Company to store and maintain such personal data at the disposal of the authorities.
Users may at all times request access to the personal data collected and if inaccurate they may request that such collected personal data is corrected, that the collection of personal data is blocked or that the collected personal data is erased, subject to legal provisions or orders from state authorities such as courts requiring the Company to store and maintain such personal data at the disposal of the authorities.
The above notwithstanding, nothing contained within these terms and conditions shall be construed as indication or confirmation that any personally material, data or record is or may be kept that may or could personally identify any specific user, their location, or any aspect of their activity using their users account with this Site.
9. DISCLAIMER REGARDING REPRESENTATIONS AND WARRANTIES
Users acknowledge and confirm and the use of the Services is at the User's sole discretion and risk and that they employ suitable and up to date virus checking software.
9.1 Disclaimer regarding the right and title to the Services provided
The Company does not represent, warrant or claim, whether expressly or implied that it has any or all right and title to the Services or that any specific service that is or may be provided do not necessarily violate third party rights. The Company do not condone piracy and Users must satisfy themselves that either them or the sites accessed for streaming have the copyright agreements in place and are entitled to access the Content. If Users see any form of infringements, please contact appropriate media file owners, host sites or the Company immediately. The Company strongly advise the Users to read the terms and conditions and privacy policies of any third-party web sites or services that the Users’ visit.
9.2 Disclaimer regarding the quality of the Services provided
The Services including the software provided by the Company or by suppliers authorized by the Company or made available by third parties is provided "as is". The Company makes no express, implied or statutory representations, warranties or claims with regard to the quality, availability or performance of the Services or lawfulness as to use.
In particular, but not limited to the following examples, the Company does not represent, warrant or claim that the Services are up to date, merchantable, state of the art, accurate, legal, secure, reliable and free of defects, errors, bugs, spam, viruses, worms, Trojan horses, spyware, adware, malware, unauthorized third party access (e.g. hacking) or that they are appropriate for the purposes of User. The Company does not represent, warrant or claim that any defects, errors etc. or any other disadvantages of the Services will be corrected. Further, the Company does neither represent, warrant nor claim the continuous and uninterrupted accessibility and availability of the Services, neither the timely provision of the Services nor the error-free transmission of both Services and Content without loss of data packages etc.
9.3 Disclaimer regarding Content
The Company does not represent, warrant or claim, whether expressly or implied that the content or other third party content provided via the services such as the programs, advertisement etc. is accurate, complete, factual legal and that it does not infringe any third party’s rights. The Company does not warrant or assume responsibility for any product, application or service advertised or offered by a third party in combination with the use of the Services or displayed on the Site or otherwise made available for access.
The Company is not liable for any violation of legal provisions or for damages of third party rights which result from the misuse of the User's personal details provided for the purpose of login.
10. LIMITATION OF LIABILITY
THE COMPANY REFUTES ANY LIABILITY IN CONNECTION WITH THE SERVICES TO THE EXTENT LEGALLY PERMISSIBLE. LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, SMART PHONES, DEVICES, EQUIPMENTS AND/OR COMPUTERS OR NETWORK FAILURE, LOSS OF PROFITS, GOODWILL OR OTHER NON MATERIAL DAMAGES) ARISING OUT OF THE USE OF THE SERVICE, FOR NEGLIGENCE, FOR AUXILIARY PERSONS AND FORCE MAJEURE IS FULLY WAIVED.
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, PARENT COMPANIES AND THEIR AFFILIATES, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR AUXILIARY PERSONS BE LIABLE FOR ANY OF THE AFOREMENTIONED EVENTS OR FOR THE INABILITY TO USE THE SERVICE, INCLUDING ANY DAMAGES RESULTING FROM THE USE OF THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE COMPANY SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM THE UNLAWFUL USE OF THE SERVICE OR FROM USE WHICH IS NON-COMPLIANT WITH THE EULA AND/OR THE TERMS OF SERVICE
THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTIONS, NEGLECTS OR OMMISSIONS OF THE USER WHICH ARE CONTRARY TO THE APPLICABLE LAWS, THE EULA, TERMS OF SERVICE AND ANY OTHER APPLICABLE PROVISIONS OR FOR ANY USE OUTSIDE OF THE TERRITORY.
THE COMPANYSHALL NOT BE LIABLE FOR ANY CONTENT AS DEFINED ABOVE, FOR ANY ADVERTISEMENTS OR FOR ANY THIRD PARTY CONTENT TRANSMITTED BY WAY OF THE SERVICES OR OTHERWISE MADE AVAILABLE ON ITS SITE ETC.
THE RIGHT OF USER TO SEEK RELIEF OR REMEDY WITH REGARD TO THE SERVICES IS LIMITED TO UNINSTALLING ANY DOWNLOADED AND TO CEASING THE USE OF THE SERVICE. NOTWITHSTANDING THE ABOVE, THE COMPANY MAY CHOOSE AT ITS OWN AND ABSOLUTE DISCRETION, TO PROVIDE USER WITH A SERVICES THAT IS FREE FROM DEFECTS.
Any claims in respect of Tubicast must be notified at the time of such claim allegedly arising, or as soon as reasonably practicable thereafter, in writing, addressed in the first instance by email to the contact details provided in the "Notices" section of this Terms of Service.
11. TERM OF USE OF SERVICES AND CESSATION OF USE
The right to use the Services is granted as from the date on which User accepts the Terms of Service and first accesses the Site. Such right is granted for an unlimited period of time, subject to the compliance of applicable law and the EULA and/ or the Terms of Service by each User.
Users may cease the use of the Service at all times, in which case they are required to permanently remove any software they may have downloaded for use in combination with any of the Services provided.
The Company may at any time discontinue the provision of the Services or of part of it without having to notify Users, without having to give any reason for the cessation of the Services to Users and without giving right to any claim for compensation to Users. Upon notice of cessation by the Company, Users must immediately cease all use of the Services and completely erase all copies of any relevant software in User's possession or control. The Company will not be liable for any damages caused by cessation of the Services.
12. GENERAL PROVISIONS
Users may not assign or transfer any rights or obligations arising out of these Terms of Service to any third party. The Company may assign any rights and obligations arising out of these terms of service including the provision of certain or all services or parts of it without the consent of the Users concerned.
12.2 Modifications, alterations and amendments
The Company reserves the right to modify and to amend these Terms of Service at all times and at its sole discretion without having to notify Users of any such modifications or amendments. The actual and legally binding version of the Terms of Service is published on the Site and is valid as of the date of its publication. It is the User's sole responsibility to consult the Site from time to time, to take notice of any amendments and to abide by such amendments.
Should any provision of these terms of service be deemed invalid, void or unenforceable all other aspects of the terms of service shall remain in force. In such event the invalid, void or unenforceable provision shall be replaced by a valid or enforceable provision which best reflects the commercial purpose of the invalid, void or unenforceable provision. The same shall apply in the event of a contractual omission.
The original version of these Terms of Service has been drafted in English. In the event of inconsistency or discrepancy between different language versions, the English version shall prevail.
13. APPLICABLE LAW
This agreement shall be governed by and construed in accordance with the substantive laws of the country of incorporation, Malaysia. User hereby consents to and irrevocably submits to the exclusive jurisdiction of Malaysia.
14. SUPPORT AND UPGRADES.
This Agreement does not entitle the Users to any support, upgrades, patches, enhancements, or fixes for any portion of the Services or Content (collectively, "Support"). Any such Support that may be made available by Company at its sole discretion shall become part of the Services and subject to this Agreement.