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Terms of use

ABNxcess WEBSITE TERMS OF USE AND NOTICES

This Terms of Use and Notices are dated 11 November 2012.

INTRODUCTION

These Terms of Use & Notices apply to your access and use of the ABNxcess Website which is managed or offered by Asian Broadcasting Network (M) Sdn Bhd. By using this ABNxcess Website you signify your agreement to these Terms of Use.

If you do not agree to these Terms of Use, You may not use the ABNxcess Website. Please note that there may be special terms which may be applicable to some of the Services offered on the ABNxcess Website (e.g, special terms regarding any subscription based services offered by ABN). Any such terms are in addition to these Terms of Use and in the event of conflict, prevail over these Terms of Use.


PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE SITE.

DEFINITIONS

In the TOU and Notices, unless inconsistent with the context or otherwise specified, the following expressions shall have the meanings set forth:

ABN” means Asian Broadcasting Network (M) Sdn Bhd (Company No. 514935-T)a company incorporated in Malaysia under the Companies Act, 1965 of Malaysia and having its office at No.2, Jalan Suria Puchong 6, Pusat Perniagaan Suria Puchong, 47110 Puchong, Selangor Darul Ehsan and includes any holding, related and affiliates or subsidiary companies as defined in the Companies Act 1965.

ABNxcess Service” shall mean the provision of services found on the ABNxcess Website which includes without limitation the online tools, webcasting, streaming, embeddable players, and other services created by ABN and/or its services providers on behalf of ABN from time to time.

ABNxcess Website” shall mean the website owned and/or operated by ABN under the URL known as www.abnxcess.com and offering the ABNxcess Service.

Authorised Third Parties” means and includes the contractors, agents, service providers, data processors and/or third party suppliers with whom ABN enter into agreements from time to time and persons with whom they may contract in order to provide the ABNxcess Website and ABNxcess Service.

Content” means and includes but is not limited to all forms of text, graphics, audio, video, audio-visual combination, music, data, files, images, photographs, pictures, software, logos, video clips, video streaming, news, live feeds and information on demand content, and User Generated Content which is found /posted on the ABNxcess Website.

Linked Website” shall mean links on the ABNxcess Website to any third party websites.

Marks” means and includes but not limited to text, software, scripts , photos, sound, music, videos, interactive features and the like and the trademarks, service marks, corporate names, domain names and logos.

Personal Information” means the Users personal information or sensitive personal information provided under the General Consumer Code of Practice of the Communications and Multimedia Industry Malaysia as at October 2003 and/or any other applicable legislation relating to data protection, including, without limitation, the Personal Data Protection Act 2010 as and when it shall come into force and it shall include without limitation to your name and postal address, date of birth, gender, telephone and fax no, e-mail address and/or credit/debit card information.

Policy” means the ABNxcess Privacy Policy found at privary policy.

Post” shall mean to upload, display, exhibit, publish or submit.

Streaming” shall mean a contemporaneous digital transmission of an audio-visual work via the internet from the ABNxcess Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.

Software” means any software used in connection with the ABNxcess Website developed by or licensed to ABN.

TOU” and “TOU & Notices” means this Terms of Use and Notice for the ABNxcess Website and ABNxcess Service managed by ABN.

Us“, “We“, “Ours” means ABN.

User” means users or visitors of the ABNxcess Website.

User Generated Content” shall mean contents contributed by Users and Posted on the ABNxcess Website in any form including but not limited to text, graphics, audio, video, audio-visual combination , music, data, files, images and photographs.

You” and “Your” shall mean any User of the ABNxcess Website and/or ABNxcess Service.

PERSONAL DATA AND PRIVACY

The Policy describes how ABN collects, stores, processes and uses Your Personal Information. You hereby consent to the collection, use and disclosure by ABN and/or its Authorised Third Party of your Personal Information for the purpose identified in the Policy. Any non-personal information or material sent to ABN by you will generally NOT be treated as confidential.

1. ELIGIBILITY AND ACCEPTANCE OF TERMS – GENERAL

1.1
You hereby agree to be bound by this TOU & Notices and any other notices, guidelines or, policies which may be posted on the ABNxcess Website from time to time. ABN reserves the right to change or modify this TOU, and any notice, policy or guidelines incorporated by reference from time to time in its sole and absolute discretion. Any changes or modifications will be posted by ABN and it shall become effective on the date of Posting. You are responsible for regularly reviewing the TOU to obtain timely notice of such changes or modifications. Your continued use of the ABNxcess Website and ABNxcess Service following the Posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF ANY CHANGES OR MODIFICATIONS, DO NOT CONTINUE TO USE THE ABNxcess WEBSITE AND/OR ABNxcess SERVICE.
1.2
The Policy describes how ABN collects, stores, processes and uses Users’ Personal Information associated with your use of the ABN Service. You hereby consent to the collection, use and disclosure by ABN and/or its Authorised Third Party of your Personal Information for the purposes identified in the Policy.
1.3
ABN will take necessary measure in accordance with the normal industry standards to ensure that the security of your personal information is protected. However, owing to the global nature of the internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and its use as set out in this terms and conditions. By submitting your information you consent to these transfers.

2. MINOR

You shall obtain parental and/or guardian approval before accessing the ABNxcess Website and/or use the ABNxcess Service if you are under the age of eighteen (18). ABN considers it the responsibility of parents and/or guardian to monitor their children use of the ABNxcess Website and/or ABNxcess Service. By agreeing to these terms or by using the ABNxcess Website, you represent and warrant that you have the right, authority and capacity to enter into this agreement comprising the TOU & Notices and to abide by all of the terms and conditions of the TOU & Notices.

3. USE OF CONTENT

3.1
The Content is our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change, alter, amend or delete the Content or any other features contained in the ABNxcess Website at any time for any reasons whatsoever.
3.2
Except as we specifically agree in writing, the Content shall not be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the ABNxcess Website, except that where a ABNxcess Website is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, non-commercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of the ABNxcess Website is prohibited.


4. USE AND SECURITY OF THE ABNXCESS SERVICE

4.1
The ABNxcess Website may not be available:-
4.1.1
to all devices which connect to the internet. You assume all responsibility regarding the end-user equipment and software necessary to access the ABNxcess Website and assume all risk associated therewith.
4.1.2
to be accessed from all regions and countries of the world. ABN reserves the right, in its sole and absolute discretion, to limit or terminate your ability to access the ABNxcess Website from certain regions or countries, and you assume all risk associated with the accessibility of the ABNxcess Service or ABNxcess Website from any given region or country of the world.
4.2
ABN reserves the right to limit or prohibit your entry into the ABNxcess Website in its sole and absolute discretion and shall not be liable for such limitation or prohibition.

5. USE OF THE ABNxcess  WEBSITE

5.1
You agree to use the ABNxcess Website only for lawful purposes and in accordance with this TOU & Notices and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the ABNxcess Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the ABNxcess Website.
5.2
You agree to notify ABN immediately of any unauthorised use or any other breach of security. ABN cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
5.3
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through the ABNxcess Service. Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct.
5.4
You shall comply with all laws, regulations, codes and/or guidelines imposed by the Malaysian Law including but not limited to the Malaysian Communications & Multimedia Content Code (“Code”). ABN reserves the rights to remove any such prohibited content or any content that contravenes the Malaysian Law with or without notice to you in accordance with the complaints procedure contained in the Code.Please visit http://www.skmm.gov.my/skmmgovmy/files/attachments/ContentCode.pdf or more information on the Code and the Content Forum.
5.5
You may not use the ABNxcess Website in any manner that may damage, disable, overburden, or impair the ABNxcess Website (or the network(s) connected to the ABNxcess Websites of ABN or interfere with any other party’s use and enjoyment of the ABNxcess Service. You may not attempt to gain unauthorized access to the ABNxcess Website, computer systems or networks connected to the ABNxcess Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the ABNxcess Website.
5.6
You agree not to alter or modify any part of the ABNxcess Website, including but not limited to the embedded player or any of its related technologies and not to distribute the Content without the prior written approval of ABN.
5.7
You agree not to access the User Generated Content or Content through any technology or means other than the embeddable player or other explicitly authorized means ABN may designate and you agree not to use the ABNxcess Website, including the embeddable player for any commercial use without prior written authorization of ABN.
5.8
ABN reserves the right to discontinue any features of the ABNxcess Website whether wholly or partly at any time.

6. USE OF CONTENT ON THE SITE

6.1
The Content, except all User Generated Content, including without limitation, the Marks are owned by or licensed to ABN, subject to copyright and other intellectual property rights under the law and is is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever except in accordance with this TOU save and except as expressly authorized by ABN. ABN reserves all rights not expressly granted in and to the ABNxcess Website and the Content.
6.2
ABN is not responsible for the accuracy, usefulness, safety, protection or integrity of our intellectual property rights relating to the User Generated Content Posted on the ABNxcess Website. Accordingly, you understand and acknowledge that you may be exposed to User Generated Content that are inaccurate, offensive, indecent, infringing the intellectual property rights of a person or entity or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have to may have against ABN with respect thereto, and agree to indemnify and hold ABN, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the ABNxcess Website.

7. YOUR USER GENERATED CONTENT AND CONDUCT

7.1
The User Generated Content shall be solely:(a) for your information and personal use;

(b) as intended through the normal functionality of the ABNxcess Service

7.2
You may be invited to Post any User Generated Content on the ABNxcess Website and you agree, by submitting your contribution, to grant ABN a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, edit, modify, adapt, publish, translate, create derivate works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full terms of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Policy.
7.3

You also hereby grant every Users of the ABNxcess Website a non-exclusive license to access your User Generated Content through the ABNxcess Website, and to use such User Generated Content only as permitted through the functionality of the ABNxcess Website as detailed in clause 7.1 above only under these TOU & Notices.

7.4
You understand and agree that ABN may retain and store, display, distribute, or perform, server copies of User Generated Content that have been removed or deleted at anytime or from time to time. The above licenses granted by you to ABN in User Generated Content is irrevocable.
7.5
Further to paragraph 7.4 above, by submitting your User Generated Content to the ABNxcess Website, you warrant that :
7.5.1
your User Generated Content is your own original work or you have the necessary license, rights, consents, permissions and authority to use and authorize ABN to use or publish the User Generated Content, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content to enable inclusion and use of the User Generated Content in the manner contemplated by the ABNxcess Website and these TOU & Notices and that you have the right to make it available to ABN for all the purposes specified above;
7.5.2
you will waive any moral rights in your User Generated Content for the purposes of its submission to and publication on the ABNxcess Website
7.5.3
your User Generated Content does not infringe any law and is not defamatory;
7.5.4
you shall be solely responsible for your own User Generated Content and the consequences of Posting or publishing them;
7.5.5
you shall not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post material and to grant ABN all of the license rights granted herein;
7.5.6
you shall indemnify ABN against all legal fees, damages and other expenses that may be incurred by ABN as a result of your breach of the above warranty; and
7.6
You understand that whether or not such User Generated Content is posted, ABN does not guarantee any confidentiality with respect to any User Generated Content.
7.7
ABN does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and ABN expressly disclaims any and all liability in connection with User Generated Content. ABN does not permit activities which infringe intellectual property rights including copyright on the ABNxcess Website, and ABN reserves the right without prior notice to remove all infringing contents and User Generated Content upon notification that such User Generated Content infringes on another’s intellectual property rights.
7.8
Below is a partial list of the kind of User Generated Content that is illegal or prohibited on the ABNxcess Website. We reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the ABNxcess Website and reporting such violators to the appropriate legal authorities. Prohibited User Generated Content includes, but is not limited to, User Generated Content which, in our sole judgment:
  • is offensive i.e. Content which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of “junk mail,” “chain letters,” “spam,” or any other unsolicited mass mailing, e-mailing, or other communication;
  • includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libellous;
  • constitutes or includes any illegal or unauthorized copy of another person’s copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images, or video, or links to pirated music, image, or video files, displays pornographic or sexually explicit material of any kind;
  • includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personally identifying information for commercial or unlawful purposes;
  • constitutes or includes any promotion, sales or other commercial activity such as sweepstakes, barter, or advertising; or
  • solicits and engages in political discussions.

Even though all of the above User Generated Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the ABNxcess Website or the ABNxcess Service. If so, neither we, nor any of our officers, directors, employees, affiliates shareholders, advertisers, Authorised Third Party , corporate partners of ABN will in any way be responsible for any damages (to or from any party) related to any such exposure.

7.9
Further Restrictions on Your Use of the ABNxcess Website and the Service.(i) You must use the ABNxcess Website and the ABNxcess Service in a manner consistent with any and all applicable laws and regulations.
(ii) Although ABN cannot monitor the conduct of its users of the ABNxcess Website, it is a violation of this TOU & Notices to use any information obtained from the ABNxcess Services or the ABNxcess Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any persons including individual or corporation without the prior explicit consent of such of ABN.
7.10
ABN may in its sole and absolute discretion remove such User Generated Content and/or suspend and/or terminate users access for uploading such material in violation of these TOU and Notices at any time, without prior notice and in its sole discretion.

8. TERMINATION/ACCESS RESTRICTION

8.1
Without limiting anything herein contained, ABN reserves the right to cancel, withdraw, terminate or suspend your access to the ABNxcess Website and/or ABNxcess Service either in whole or part for any breach of this TOU or for any other reasons whatsoever at its sole and absolute discretion without notice to you.
8.2
You agree that ABN shall not be liable to you or any third-party for any cancellation, withdrawal, termination or suspension of your access to the ABNxcess Website and You hereby release ABN from any liability whatsoever.

9. DISCLAIMER & LIMITATION OF LIABILITY

9.1
ABN makes no warranty that the ABNxcess Website will meet your requirement or that the ABNxcess Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the ABNxcess Website are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the ABNxcess Website for the reconstruction of any lost data. All use of the ABNxcess Website is at your own risk and you are solely responsible for all damages resulting therefrom.
9.2
We are not responsible for the conduct, whether online or offline, of an User of the ABNxcess Website and/or ABNxcess Service. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the ABNxcess Website or the ABNxcess Service, any User Generated Content (posted on the ABNxcess Website) or transmitted to other Users, or any interactions between or other Users of the ABNxcess Website and/or ABNxcess Service, whether online or offline.
9.3
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any ABNxcess Website or combination thereof.
9.4
We are not responsible for any injury or damage to any computer equipment belonging to any user of the ABNxcess Website, , or any other person related to or resulting from use of the ABNxcess Website, viewing, playing or downloading any materials on or from the ABNxcess Website, or otherwise in any way in connection with the ABNxcess Service. The ABNxcess Website and the ABNxcess Service are provided “AS-IS” and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the ABNxcess Website or the ABNxcess Service. No advice or information, whether oral or written, obtained by you from us, or from or through the ABNxcess Website or the ABNxcess Service shall create any warranty not expressly stated herein.
9.5
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall ABN be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits, that result from the use of or the inability to use the ABNxcess Website any changes to the ABNxcess Website and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the ABNxcess Website or arising in connection with the fraudulent or unlawful acts of any third party.
9.6
You specifically agree that ABN 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.
9.7
If you are dissatisfied with the ABNxcess Website, the materials available on or through the ABNxcess Service, ABNxcess Website or with the provisions of this TOU & Notices, you agree that your sole and exclusive remedy is to discontinue using ABNxcess Website and/or ABNxcess Service.
9.8
ABN will take reasonable measures to maintain the privacy and security of all private information provided by you to the ABNxcess Website, but third parties (such as hackers) may breach or attempt to breach ABN’s security measures or may gain unauthorized access to the ABN database or other equipment containing your information. You agree that ABN shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of the ABNxcess Website or any other company equipment or user information.
9.9
ABNxcess Website is controlled and offered by ABN from its facilities in Malaysia. ABN makes no representation that the ABNxcess Website is appropriate or available for use in other locations. Those who access or use the ABNxcess Website from other jurisdictions do so at their own risk and are responsible for compliance with local law of such country.


10. INDEMNITY

10.1
You agree to indemnify, defend and hold ABN, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the ABNxcess Service and ABNxcess Website harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from (a) your use of or conduct or access to and on the ABNxcess Website; (b) your violation of any term of this TOU & Notice; (c) your violation of any third party right, including without limitation any copyright, property or privacy rights; or (iv) any claim that one of your User Generated Content caused damage to a third party. This indemnification obligation will survive these TOU & Notices and your use of the ABNxcess Website.
10.2
The provisions of this Clause 10 are for the benefit of ABN and its officers, directors, employees, agents, shareholders, licensors and suppliers to the ABNxcess Website. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

11. LINKED WEBSITES

11.1
The ABNxcess Website may contain Linked Websites and include advertisements. You agree that Linked Websites and advertisements are necessary for ABN to provide the ABNxcess Service. Such links and advertisements are provided to you only as a convenience. ABN shall not be responsible if the Linked Website is not working appropriately. ABN has no control over such websites and resources and shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and does not endorse any content, advertising, products, or other materials on or available from such websites or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted on the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature. Accordingly, we encourage you to be aware when you leave the ABNxcess Website and to read the terms of use, the privacy policy, privacy notice and/or any other terms and conditions of each other websites that you visit.
11.2
Any dealings with third parties (including advertisers) over the Linked Websites 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, merchant or other third party. You agree that ABN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. ABN has no responsibility or liability for any merchant or your relationship with such merchant.

12. DISCLOSURE AND CONFIDENTIALITY

12.1
You hereby provide your consent to ABN to disclose any personal information about you or your use of the ABNxcess Service for the following reasons (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of ABN or its holding or affiliated company; (3) enforce this TOU; or (4) act to protect the interests of its members or others.
12.2
Please refer to our Policy for further details on use and disclosure of your personal information.

13. PROPRIETARY RIGHTS

13.1
The Content found on the ABNxcess Website are protected by trademark, copyright, or other intellectual property laws and international treaties. Any unlawful use of the ABNxcess Service and Content found on the ABNxcess Website without ABN’s express and prior written consent is strictly prohibited. You agree that the Content and ABNxcess Service is intended only for personal viewing and that any reproduction or redistribution or recording of any from or format of the ABNxcess Service and/or the Content or any part thereof whether for commercial reasons or otherwise, is strictly prohibited by this TOU , and may result in severe civil and criminal penalties.
13.2
Further to paragraph 13.1 above, ABN owns and retains all proprietary rights in the ABNxcess Website and ABNxcess Service. The ABNxcess Website contains certain copyrighted material, including links and compilations of individual, trademarks, and other proprietary information of ABN, and our licensors and you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary materials or information without our express written consent in each case.
13.3
Elements of the ABNxcess Website, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
13.4
No logo, graphic, sound or image from this ABNxcess Website may be copied or retransmitted unless expressly permitted by ABN.
13.5
You acknowledge and agree that the ABNxcess Website and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. ABN reserves all rights not expressly granted herein, including without limitation ownership and proprietary rights.
13.6
The Software is made available for downloading solely for use by you for your individual, non-transferable, non-exclusive and non-commercial use, in connection with the ABNxcess Service. The Software is made available solely for use by you in accordance with the terms of this TOU and the terms of the applicable Licence Agreement which accompanies or is included with the Software. You may not install or use any part of the Software unless you first agree to the terms of this TOU and any License Agreement. For the avoidance of doubt, the License Agreement referred herein shall mean the license agreement entered between ABN and the respective service providers on the use of the Software for the purpose of ABNxcess Website and/or ABNxcess Service.
13.7
The Software is “in use” on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
13.8
You may not copy the Software to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Software, except in so far as such restriction is prohibited by law.
13.9
Any reproduction or redistribution of the Software not in accordance with this TOU & Notices and any License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
13.10
The Software is provided “as is,” and ABN hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
13.11
ABN reserves all rights in the Marks and nothing in this TOU grants you the license to use such Marks. Additionally, other marks which appear on this ABNxcess Website may be marks of third parties that are not affiliated with ABN. ABN does not control or endorse the content of third party websites.

14. GENERAL

14.1
This TOU & Notices is governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and ABN regarding this TOU & Notices will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defences to jurisdiction. You agree that the ABNxcess Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by ABN in and from Malaysia.
14.2
This TOU & Notices contain the entire understanding between the parties hereto with respect to the ABNxcess Website, and supersedes all previous oral or written agreements or understandings between you and ABN, and no advice or information, whether oral or written, obtained by you from this ABNxcess Website (whether before or after the date you accept this TOU & Notices) shall create any obligation or warranty on the part of ABN not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by ABN, third-party content, third party website or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TOU & Notices.
14.3
ABN’s performance of this TOU & Notices is subject to existing laws and legal process, and nothing contained in this TOU & Notices is in derogation of ABN’s right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the ABNxcess Website or information provided to or gathered by ABN with respect to such use.
14.4
If any provision of this TOU & Notices is held invalid, the remainder of this TOU & Notices will continue in full force and effect, and if any provision(s) of the TOU & Notices is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This TOU & Notices shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU & Notices and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
14.5
ABN’s failure to insist upon or enforce strict performance of any provision of this TOU & Notices shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by ABN in writing.
14.6
Notices to you shall not be modified, except by an express modification by ABN as described herein and may be made via either email or regular mail or by displaying notices or links to notices to you generally on the ABNxcess Website.
14.7
You may not assert any claim against ABN in connection with the ABNxcess Website unless you have given ABN written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim.
14.8
ABN may assign its rights and duties under this TOU to any party at any time without notice to you and this TOU shall be binding upon and inure to the benefit of each party’s respective permitted successors and assignees.
14.9
Should you have any questions concerning this TOU or this ABNxcess Website, please contact us at marketing@abnxcess.com
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