Terms and Conditions
General Contest Rules
- This contest is open to individuals living in Malaysia except those with immediate family members employed by Media One Asia (M) Sdn Bhd.
- Only entries received from participants that have registered on MyLifeMyWay.com.my shall be accepted.
- The closing date for this contest is the 14th of September 2008. Entries received after the closing date will not be considered.
- Winners will be chosen based on creativity and imaginativeness of the participant. Selection of winners will be at the sole and absolute discretion of the judges appointed by Media One Asia (M) Sdn Bhd. The judges decision is final and no correspondence or dispute will be entertained.
- Videos does not have to be 3 minutes in length but may not exceed 3 minutes.
- Video sizes are limited to 50MB and must be saved in the correct formats (mpeg, mp4, mov, avi, wmv, 3gp, m4v).
- All prizes are non-transferable and cannot be exchanged for cash. Winners will be notified via e-mail to the address given during registration. Each winner is eligible to win one prize only. Winners must claim their prizes at the venue stated and within 2 months from the date stated on the notification e-mail.
- Prizes not claimed within the stipulated period will be donated to charity. The organizer is entitled to replace the prizes with others of similar value, if deemed necessary.
- All entries become the property of Media One Asia (M) Sdn Bhd who reserves the right to use the names and videos of the winners for publicity and/or advertising purposes.
Your Acceptance
- By using and/or visiting this website (collectively, including all content and functionality available through the MyLifeMyWay.com.my domain name, the "MyLifeMyWay Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) MylifeMyWay's privacy notice, found at http://www.MyLifeMyWay.com.my/privacy.php and incorporated here by reference. If you do not agree to any of these terms, the MyLifeMyWay privacy notice, or the Community Guidelines, please do not use the MyLifeMyWay Website.
- Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.MyLifeMyWay.com.my/terms.php). MyLifeMyWay may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
MyLifeMyWay Website
- These Terms of Service apply to all users of the MyLifeMyWay Website, including users who are also contributors of video content, information, and other materials or services on the Website. The MyLifeMyWay Website includes all aspects of MyLifeMyWay, including but not limited to all products, software and services offered via the website such as the MyLifeMyWay channels, MyLifeMyWay "Uploader" and other applications.
- The MyLifeMyWay Website may contain links to third party websites that are not owned or controlled by MyLifeMyWay. MyLifeMyWay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MyLifeMyWay will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve MyLifeMyWay from any and all liability arising from your use of any third-party website.
- Accordingly, we encourage you to be aware when you leave the MyLifeMyWay Website and to read the terms and conditions and privacy policy of each other website that you visit.
MyLifeMyWay Accounts
- In order to access some features of the Website, you will have to create a MyLifeMyWay account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account. You must notify MyLifeMyWay immediately of any breach of security or unauthorized use of your account.
- Although MyLifeMyWay will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MyLifeMyWay or others due to such unauthorized use.
General Use of the Website -- Permissions and Restrictions
MyLifeMyWay hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without MyLifeMyWay's prior written authorization.
- You agree not to alter or modify any part of the Website, including but not limited to MyLifeMyWay's Uploader.
- You agree not to access User Submissions (defined below) or MyLifeMyWay Content through any technology or means other than the video playback pages of the Website itself, or other explicitly authorized means MyLifeMyWay may designate.
- You agree not to use the Website, without the prior written authorization of MyLifeMyWay. Prohibited commercial uses include any of the following actions taken without MyLifeMyWay's express approval:
- sale of access to the Website or its related services on another website;
- use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the MyLifeMyWay website or any third-party website, targeted to the content of specific User Submissions or MyLifeMyWay content;
- and any use of the Website or its related services that MyLifeMyWay finds, in its sole discretion, to use MyLifeMyWay's resources or User Submissions with the effect of competing with or displacing the market for MyLifeMyWay, MyLifeMyWay content, or its User Submissions.
- If you use the MyLifeMyWay Uploader, you agree that it may automatically download and install updates from time to time from MyLifeMyWay. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit MyLifeMyWay to deliver these to you) as part of your use of the Uploader.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the MyLifeMyWay servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MyLifeMyWay grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MyLifeMyWay reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
- In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
- MyLifeMyWay reserves the right to discontinue any aspect of the MyLifeMyWay Website at any time.
Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the MyLifeMyWay Website.
- The content on the MyLifeMyWay Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MyLifeMyWay, subject to copyright and other intellectual property rights under the law. Content on the Website 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 without the prior written consent of the respective owners. MyLifeMyWay reserves all rights not expressly granted in and to the Website and the Content.
- You may access User Submissions solely:
- for your information and personal use;
- as intended through the normal functionality of the MyLifeMyWay Service
- User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the MyLifeMyWay Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the MyLifeMyWay Service or otherwise as prohibited under this Agreement.
- You may access MyLifeMyWay Content, User Submissions and other content only as permitted under this Agreement. MyLifeMyWay reserves all rights not expressly granted in and to the MyLifeMyWay Content and the MyLifeMyWay Service.
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the MyLifeMyWay Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MyLifeMyWay Website or the Content therein.
- You understand that when using the MyLifeMyWay Website, you will be exposed to User Submissions from a variety of sources, and that MyLifeMyWay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MyLifeMyWay with respect thereto, and agree to indemnify and hold MyLifeMyWay, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Your User Submissions and Conduct
- As a MyLifeMyWay account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, MyLifeMyWay does not guarantee any confidentiality with respect to any User Submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize MyLifeMyWay to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
- For clarity, you release all of your ownership rights in your User Submissions. By submitting User Submissions to MyLifeMyWay, you hereby grant MyLifeMyWay a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the MyLifeMyWay Website and MyLifeMyWay's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the MyLifeMyWay Website (and derivative works thereof) in any media formats and through any media channels. The above licenses granted by you in User Comments are perpetual and irrevocable.
- In connection with User Submissions, you further agree that you will 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 the material and to grant MyLifeMyWay all of the license rights granted herein.
- MyLifeMyWay does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MyLifeMyWay expressly disclaims any and all liability in connection with User Submissions. MyLifeMyWay does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MyLifeMyWay will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. MyLifeMyWay reserves the right to remove Content and User Submissions without prior notice.
Account Termination Policy
- MyLifeMyWay will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
- MyLifeMyWay reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. MyLifeMyWay may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MYLIFEMYWAY WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MYLIFEMYWAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MYLIFEMYWAY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MYLIFEMYWAY WEBSITE. MYLIFEMYWAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MYLIFEMYWAY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MYLIFEMYWAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Warranty Disclaimer
IN NO EVENT SHALL MYLIFEMYWAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MYLIFEMYWAY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MYLIFEMYWAY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by MyLifeMyWay from its facilities in Malaysia. MyLifeMyWay makes no representations that the MyLifeMyWay Website is appropriate or available for use in other locations. Those who access or use the MyLifeMyWay Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless MyLifeMyWay, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MyLifeMyWay Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MyLifeMyWay Website.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the MyLifeMyWay Website is not intended for children under 13. If you are under 13 years of age, then please do not use the MyLifeMyWay Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MyLifeMyWay without restriction.
General
You agree that: (i) the MyLifeMyWay Website shall be deemed solely based in Malaysia; and (ii) the MyLifeMyWay Website shall be deemed a passive website that does not give rise to personal jurisdiction over MyLifeMyWay, either specific or general, in jurisdictions other than Malaysia. These Terms of Service shall be governed by the internal substantive laws of Malaysia, without respect to its conflict of laws principles. Any claim or dispute between you and MyLifeMyWay that arises in whole or in part from the MyLifeMyWay Website shall be decided exclusively by a court of competent jurisdiction located in Malaysia. These Terms of Service, together with the Privacy Notice at http://www.MyLifeMyWay.com.my/privacy.php and any other legal notices published by MyLifeMyWay on the Website, shall constitute the entire agreement between you and MyLifeMyWay concerning the MyLifeMyWay Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MyLifeMyWay's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. MyLifeMyWay reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the MyLifeMyWay Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MYLIFEMYWAY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MYLIFEMYWAY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
