Passionation makes no representation that all or any elements of the Passionation Platform is suitable or accessible for use in all locations. Any costs related with downloading, installing, accessing and using Passionation’s Application, Campaign Builder, or any other general element of the Passionation Platform is solely based on your responsibility and are dependent on the service provider used.
Except for certain types of disputes described In the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, use the Services. This site is not targeted to nor meant for anyone who has not reached 16 years of age. If you become aware of anyone using the Passionation services who is under the age of 16, please report this to email@example.com. We will not knowingly collect information from anyone under the age of 16.
We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than 16 to receive certain Passionation services, then the minimum age is the legally defined one.
You may register for an Account to access the provided Services on the site such as posting to community pages on the Site. You must provide accurate and complete information and keep your Account information updated.
You shall not:
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively ‘User Content’), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. We are not liable for any User Content that is deemed offensive or vulgar to certain parties in all forms posted. We are also not accountable for all User Content that is obtained and aggregated on Passionation website from postings originating from the public or social media platforms.
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the ‘Trademarks’) displayed on the Site are Trademarks of Passionation and its third-party partners. Nothing contained on the Passionation Site shall be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Passionation Site without the written permission of Passionation or such third party that may own the Trademark.
Any unauthorized commercial or personal use of the Content and Trademarks, such as copying text, images, audio and videos from the Passionation website and uploading it on any other site or devices, will violate the intellectual property rights of Passionation and/or third parties associated with Passionation and will be subjected to Passionation’s and/or those third party’s full legal rights and declarations.
By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services.
For the sake of transparency, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use. To the extent any User Content you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, including after your termination of your Account or the Services.
For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Except where prohibited by applicable law, by submitting User Content through the Services, you are waiving and agreeing not to assert any copyrights or ‘ethical’ rights or claim resulting from our alteration of the User Content or any photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint Passionation as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that Passionation can use the User Content that you are licensing in any way Passionation sees fit to own and protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or forum.
Unless prohibited by applicable law, upon request from Passionation, you shall execute and deliver such additional instrument of license, as it may be solely deemed by Passionation, reasonably necessary to establish Passionation’s ability to use the User Content as it sees fit and that ‘Ethical Rights of Authors’ are waived under this User Agreement. Should Passionation fail to request the said license instrument as stated, that shall not be deemed a waiver of Passionation’s rights and Passionation may at a later time request the instrument.
Unless otherwise agreed upon in writing by you and Passionation, you may not use any third-party platforms, other than your own website or your own social media pages, to link to or distribute the Content.
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to,
We participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
You shall not:
You shall not (directly or indirectly):
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services. Except where such disclaimer of liability is prohibited by applicable law, we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
The services and content are provided ‘as is’, ‘as available’ and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that:
In no event shall we nor our affiliates, nor our or their respective directors, officers, employees, agents, partners, contractors, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services:
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Content and software from the Passionation Site may be subject to Malaysia export jurisdiction and the import jurisdiction of other countries. In connection with your use of this Site, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the Malaysia Trade Regulations and Standards and export and import control laws and regulations of any other countries. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.