TERMS AND CONDITIONS
AgenC may modify this agreement from time to time and such modification shall be effective upon being posted on AgenC’s official website. You agree to be bound to any changes to this agreement when you use the services provided by AgenC after any such modification is posted. It is therefore important for you to review this agreement regularly and ensure you are updated as to any changes. AgenC reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the AgenC’s Services at any time, for any or no reason, with or without prior notice, and without liability. AgenC exclusively reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of AgenC’s services if AgenC’s determines, in its sole discretion, that you pose a threat to AgenC’s and/or it’s members. AgenC’s also reserves the right to change, alter or remove part of or all your added personal information. With agenc.my using URL’s as links to members profiles, AgenC reserves the right to alter or remove this at any time without further notification.
To create an account on AgenC, you must provide us with at least your name, email address and/or mobile number, and a password and agree to AgenC’s user agreement, which governs how AgenC treats your information. You may provide additional information during the registration flow (for example, your gender, age, cases closed, your achievements, RENTAG and etc.) to create your profile and to receive more customized services on AgenC.
In order to enable a few features on AgenC, you may use AgenC’s address book or ‘contacts’ importer (or other similar features) to upload your phone address book into AgenC’s services. Any information that you upload or sync with AgenC’s services is covered by the user agreement. You can remove your address book and any other synced information at any time. By using AgenC’s services, you agree that AgenC may collect, use and share your information in accordance with AgenC’s Terms of Service, as revised from time to time. By continuing to use AgenC’s services after any changes to this Terms of Service, with or without notice from us, you agree to the revised Terms of Service. By using the AgenC services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and reached the age of adulthood under your national laws; and (d) your use of the services provided by AgenC does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if AgenC believes that you are under 18 years of age or fail to reach the age of adulthood under your national laws. In providing the services, AgenC collects, stores and uses the following information related to you:
information made available to AgenC by you when you create an account or use services provided by AgenC, such as your name, telephone number, email address and credit card details;
information made available by you while using services provided by AgenC, including information shared by you with others through services provided by AgenC and information you store using services provided by AgenC;
Shared information made available by others using services provided by AgenC about you, such as information contained in posts made by them and information exchanged between you and others using services provided by AgenC; and
information collected by AgenC as you use services, such as certain Location Data, Log Data and public information.
In providing services, AgenC collects, stores and uses the ‘Location Data’. Location Data is information that is collected regarding your location (when you use a location-enabled service), including:
the location of your device when you use services provided by AgenC, such as from the GPS, Wi-Fi, compass, accelerometer or other sensors in your device;
the IP address of the device or internet service you use to access services provided by AgenC,
other information made available by you or others that gives an indication as to where you are or have been located, such as account information that indicates where you are located and shared information posted by you or others indicating your location, such as any geotag information that is embedded in any photos made available by you to AgenC; and
if you have provided AgenC with your location data previously and would like us to delete such existing location data, you may be able to do so via services provided by AgenC.
technical information such as your mobile carrier, configuration information made available by your web browser or other programs you use to access services provided by AgenC, your IP address and your device’s version and identification number,
information about what you have searched for and looked at while using services provided by AgenC, such as web search terms used, social media profiles visited and details of other information and content accessed or requested by you in using services provided by AgenC;
information about apps and softwares used by you,
information about communications by you while using services provided by AgenC, such as the people you’ve communicated with and the time, data and duration of your communications; and
metadata, which means information related to items you have made available through services provided by AgenC, such as the date, time or location that a shared photograph or video was taken or posted.
This agreement shall remain in full force and effect while you use the services provided by AgenC by registering as a member. You may terminate your membership at any time, for any reason, by following the instructions on the member’s account settings page. AgenC may terminate your membership at any time, without warning. Even after membership is terminated, this agreement will remain in effect, including sections 5-17.
2. Privacy of Personal Information
Other than as permitted under this Terms of Service or as otherwise consented to by you, AgenC will not transfer your personal information to any other third parties for any purposes. AgenC and its affiliate companies may share your personal information within its group of companies and with joint venture partners and third party service providers, contractors and agents (such as communication service providers who send emails or push notifications on AgenC’s behalf, mapping services providers who assist AgenC and you with location data, analytics partners who assist AgenC’s business, and advertising partners on services provided by AgenC). In addition, AgenC may allow such third parties to collect your personal information across services provided by AgenC. In each case, AgenC permits sharing and/or collection for the purposes of: (i) providing AgenC’s services to you; (ii) assisting AgenC in carrying out the purposes set out under the “How we use your information” section above; (iii) carrying out AgenC’s obligations and enforcing AgenC’s rights under the Terms of Service; and/or (iv) AgenC’s business, including making AgenC improve its services. These third parties may be located, and use and store your Personal Information, outside of jurisdiction for these purposes. Where AgenC permits any third parties to collect and use your personal information in accordance with the above paragraph, AgenC will make reasonable efforts to ensure that such third parties only use your personal information: (i) in compliance with AgenC’s Terms of service; and (ii) subject to any other instructions given to them, including any appropriate confidentiality and security measures that are implemented by AgenC.
You agree that AgenC or its affiliate companies may be required to retain, preserve or disclose your personal information: (i) in order to comply with applicable laws or regulations; (ii) in order to comply with a court order, subpoena or other legal process; (iii) in response to a request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (iv) where AgenC believes it is reasonably necessary to comply with applicable laws or regulations. You also agree that AgenC or its affiliate companies may need to disclose your personal information in order to enforce the Terms of service or to, protect AgenC’s rights, property or safety, or the rights, property or safety of AgenC’s affiliate companies or other members of services provided by AgenC.
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify AgenC via email@example.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Non-commercial Use by Members
The services provided by AgenC are for the personal use of members only, and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by AgenC. Illegal and/or unauthorized use of the services provided by AgenC, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the AgenC website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the services provided by AgenC.
5. Proprietary Rights in Content on AgenC
By displaying or publishing (posting) any content on or through the services provided by AgenC, you hereby grant to AgenC a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the services provided by AgenC.
You represent and warrant that: (i) you own the content posted by you on or through the services provided by AgenC or otherwise have the right to grant the license set forth in this section, and (ii) the posting of content by you on or through the services provided by AgenC does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the services provided by AgenC.
The services provided by AgenC contain content generated by AgenC which is protected by copyright, trademark, patent, trade secret and other laws, and AgenC owns and retains all rights in the content generated by AgenC and the services provided by AgenC. AgenC hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the content generated by AgenC (excluding any software code) solely for your personal use in connection with viewing the AgenC website and using the services provided by AgenC. Any liability raising from your inappropriate use of AgenC’s content shall be borne by you.
The services provided by AgenC contain content of members and other AgenC licensors. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the services provided by AgenC.
6. Content Posted
AgenC may delete any content that in the sole judgment of AgenC violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. AgenC assumes no responsibility for monitoring the services provided by AgenC for inappropriate content or conduct. If at any time AgenC chooses, in its sole discretion, to monitor the services provided by AgenC, AgenC nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.
You are solely responsible for the content that you post on or through any of the services provided by AgenC, and any material or information that you transmit to other members and for your interactions with other members. AgenC does not endorse and has no control over the content. Content is not necessarily reviewed by AgenC prior to posting and does not necessarily reflect the opinions or policies of AgenC. AgenC makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.
7. Content/Activity Prohibited
The following is a partial list of the kind of content that is illegal or prohibited to post on or through the services provided by AgenC. AgenC reserves the right to investigate and take appropriate legal action against anyone who, in AgenC’s sole discretion, violates this provision, including without limitation, removing the offending communication from the services provided by AgenC, terminating the membership of such violators and filing a lawsuit for AgenC’s loss, if any, caused thereby. Prohibited content includes, but is not limited to content that, in the sole discretion of AgenC:
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
violates any patents;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
provides any telephone numbers, street addresses, last names, URLs or email addresses;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person that you have posted without that person’s consent; or
uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile such as pictures of celebrities.
The following is a partial list of the kind of activities that are illegal or prohibited on the AgenC platform and through your use of the services provided by AgenC. AgenC reserves the right to investigate and take appropriate legal action against anyone who, in AgenC’s sole discretion, violates this provision, including without limitation, reporting them to law enforcement authorities. Prohibited activities include, but is not limited to:
criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of malicious or harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any member to buy or sell any products or services through the use of services provided by AgenC, transmission of any chain letters or junk email to other members. It is also a violation of these rules to use any information obtained from the services provided by AgenC in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, AgenC reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which AgenC deems appropriate in its sole discretion. If this agreement is breached and unsolicited bulk email, instant messages or other unsolicited communications of any kind through the use of AgenC services is propagated, it is to be acknowledged that it will have caused substantial harm to AgenC, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay AgenC us$50 for each such unsolicited email or other unsolicited communication you send through the use of AgenC services. Provided that the amount is not sufficient to cover AgenC’s losses, you shall be liable for the difference;
covering or obscuring the banner advertisements on your personal profile page, or any AgenC page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the services provided by AgenC or the networks or services connected to the services provided by AgenC;
attempting to impersonate another member or person;
for band profiles, copying the code for your AgenC player and embedding it into other profiles or asking other members to embed it into their profiles;
using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the services provided by AgenC in order to harass, abuse, or harm another person;
Is playing an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the services provided by AgenC on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your ‘Top 8’ friends, or sending private messages with a commercial purpose; or
using the services provided by AgenC in a manner inconsistent with any and all applicable laws and regulations.
8. Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. According to AgenC’s policies, this would lead to termination of your membership privileges if you repeatedly infringe the copyrights of others upon receipt of proper notification to AgenC by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the AgenC Services in a way that constitutes copyright infringement, please provide the following information by sending it to firstname.lastname@example.org (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the services provided by AgenC; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement made by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
9. Member Disputes
You are solely responsible for your interactions with other members of AgenC. AgenC reserves the right, but has no obligation, to monitor disputes between you and other members.
AgenC is not responsible for any incorrect or inaccurate content posted on the AgenC website or in connection with the services provided by AgenC, whether caused by members of AgenC or by any of the equipment or programming associated with or utilized in the services provided by AgenC. Profiles created and posted by members on the AgenC website may contain links to other websites. AgenC is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by AgenC. Inclusion of any linked website on the services provided by AgenC does not imply approval or endorsement of the linked website by AgenC. When you access these third-party sites, you do so at your own risk. AgenC takes no responsibility for third party advertisements which are posted on this AgenC Website or through the services provided by AgenC, nor does it take any responsibility for the goods or services provided by its advertisers. AgenC is not responsible for the conduct, whether online or offline, of any user of the AgenC services. AgenC assumes 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, any communication between members. AgenC is 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 any email or players due to technical problems or traffic congestion on the Internet or on any of the services provided by AgenC or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the services provided by AgenC. Under no circumstances shall AgenC be responsible for any loss or damage, including personal injury or death, resulting from use of the services provided by AgenC, attendance at an event organized or sponsored by AgenC, from any content posted on or through the services provided by AgenC, or from the conduct of any members of AgenC, whether online or offline. The services provided by AgenC are provided “AS-IS” and as available and AgenC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AgenC cannot guarantee and does not promise any specific results from use of the services provided by AgenC.
12. Limitation on Liability
In no event shall AgenC be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if AgenC has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, AgenC’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to AgenC for the services provided by AgenC during the term of membership. AgenC shall not be liable to any damages or losses caused by your or a third party’s actions or omissions, including but not limited to infringement, such as internet access service by any third party.
If there is any dispute about or involving the services provided by AgenC, you agree that the dispute shall be governed by the laws of Malaysia, without regard to conflict of law provisions. Either AgenC or you may demand that any dispute between AgenC and you about or involving the services provided by AgenC must be settled by arbitration utilizing the dispute resolution procedures of Malaysia, provided that the foregoing shall not prevent AgenC from seeking injunctive relief in a court of competent jurisdiction. The award of arbitration shall be final and binding on AgenC and you.
You agree to indemnify and hold AgenC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the services provided by AgenC in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the AgenC website or through the services provided by AgenC causing AgenC to be liable to another.