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.
Arbitration Notice and Class Action Waiver
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:
- select or use as a username a name of another person with the intent to impersonate that person;
- use as a username a name subject to any rights of a person other than you without appropriate authorization; or
- use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure.
- use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account.
- publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or associates.
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.
Intellectual Property Rights
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,
- to remove or block any Content from the Services.
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.
RULES OF CONDUCT
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (‘spamming’);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone’s identification documents or sensitive financial information.
You shall not:
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third- party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
- run any form of auto-responder or ‘spam’ on the Services;
- use manual or automated software, devices, or other processes to ‘crawl’ or ‘spider’ any page of the Site;
- collect or scrape any Content from the Services; or
- otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly):
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction,
- modify, translate, or otherwise create derivative works of any part of the Services, or
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
- satisfy any applicable law, regulation, legal process or governmental request,
- detect, prevent, or otherwise address fraud, security or technical issues,
- respond to user support requests, or
- protect the rights, property or safety of us, our users and the public.
The Services may permit you to link to other websites, services or resources on the Internet, including but not limited to our sponsors and Facebook, and other websites, services or resources may contain links to the Services. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. If you believe that any linked content on other websites, services or resources violates applicable law or may be inappropriate, please notify us. We will review the linked content and may, in our sole discretion, remove the link from the Services. The inclusion of any such link does not imply any association between us and their operators. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods or services available on or through any such website or resource.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
- which users gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content.
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:
- the services will be secure or available at any particular time or location;
- any defects or errors will be corrected;
- any content or software available at or through the services is free of viruses or other harmful components; or
- the results of using the services will meet your requirements. Your use of the services is solely at your own risk. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Limitation of Liability
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:
- for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising),
- for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or
- for any direct damages in excess of (in the aggregate) RM2,000.00. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- for any conclusion, loss or damage of any nature whatsoever suffered or may be suffered by any part or members of the public arising from or as a result of reliance on or usage of any information relating to prize redemption schemes, lucky draws or contests, and recruitment in Passionation from portals, websites or e-mail domains which are not authorised by Passionation.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER
* It is important that you read this as this affects your legal rights.
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.
Governing Law and Jurisdiction
Entire Agreement and Severability
Import and Export Jurisdiction
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.
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