It is important to read the following Terms and Conditions of Usage. Your use of the web site www.fruitliious.com.my (the “site”) constitutes your agreement to abide by these Terms and Conditions of Usage. If you do not agree to them, do not use the Site. The Site is owned and operated by Fruitlicious Sdn Bhd. – owner of “Fruitlicious”.
1. Nonexclusive License. We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use. Access to and use of portions of the Site are limited to persons that become subscribers to or members of the Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on the Site without our express written permission. You agree that you will not use the Site for chain letters, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
2. Additional Prohibited Uses; Your Communications and Other Content.
(a) Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to (x) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (y) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (z) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any names, labels, “war cries,” forum facilities such as email notices, newsletters, chat rooms, message boards, bulletin board services (collectively, “Forum Facilities”), job listings or other interactive communication facilities. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, des troy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another web site.
(b) If you do post content or submit material to the Site, and unless we indicate otherwise, you grant Fruitlicious and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Fruitlicious and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fruitlicious or its affiliates for all claims resulting from content you supply. Fruitlicious has the right but not the obligation to monitor and edit or remove any activity or content. Fruitlicious takes no responsibility and assumes no liability for any content posted by you or any third party.
3. Usage and Monitoring. You may use the Site only as intended by Fruitlicious. While Fruitlicious has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, Fruitlicious reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to such messages, information or files which Fruitlicious, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions of Usage, including denying access to the Site to anyone at anytime. All persons are hereby notified that use of the Site constitutes consent to such actions, monitoring and auditing.
4. Communications. We may from time to time make available through the Site Forum Facilities, such as email notices, newsletters, chat rooms, message boards, bulletin board services, job listings or other interactive communication facilities and services. We reserve the right, but have no obligation, to monitor the Forum Facilities or any other communications on the Site (such as warrior names, “war cries” and other labels), and to edit, modify or delete any materials which we, in our sole discretion, determine to violate these Terms and Conditions of Usage or to be in any other way offensive or contrary to any of our policies. We do not endorse or accept any communications made through the Forum Facilities or any other communications on the Site.
6. Trademark Notice. “Z-Naps” and other related marks are trademarks and service marks of Fruitlicious and are protected by law. They may be used publicly only with permission from Fruitlicious. Fair use of the trademarks and service marks requires proper acknowledgment. ALL RIGHTS RESERVED.
7. Copyright Notice; Ownership. All materials, software and games published on the Site are protected by copyright, and owned or controlled by or licensed to Fruitlicious, or the party listed as the provider of the content, software, games or other materials. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the Site for the specified uses only, provided that you maintain all copyright, trademark and other notices contained in such material and you agree to abide by all additional copyright notices, information or restrictions contained in any material accessed through the Site. Except as expressly provided in a separate license agreement, Fruitlicious and its suppliers of the Site materials do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secret information.
8. Modification of Terms and Conditions of Usage. Fruitlicious reserves the right to revise these Terms and Conditions of Usage at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time. Certain provisions of these Terms and Conditions of Usage may be superseded by expressly designated legal notices or terms on particular pages of the Site or in separate written agreements between Fruitlicious and you.
9. Communications with Fruitlicious. Communications made through the Site’s email and messaging system shall in no way be deemed to constitute legal notice to Fruitlicious or any of its officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against Fruitlicious or any of its agencies, officers, employees, agents or representatives, where notice to Fruitlicious is required by contract, or any federal, state or local laws, rules or regulations.
10. Links to Other Sites and/or Materials. Links may appear on the Site that may be used to link to other web site(s). These links are provided as a courtesy to our Site visitors. Fruitlicious has no control over the linked web sites or the materials, information, goods or services available or contained on these linked web sites. Fruitlicious is not responsible for and does not endorse or warrant in any way any privacy or other practices of such web sites or any materials information, goods or services available through such linked web sites. If you decide to access any of the linked web sites, you do so entirely at your own risk. Fruitlicious reserves the right to terminate any link at any time.
11. Disclaimer; Limitation of Damages.
(a) Fruitlicious does not recommend use of its service during certain activities, such as automobile driving, where there exists a significant risk of accident. The user of Fruitlicious’ service and the Site agrees not to use Fruitlicious’ service or games during such activities and acknowledges that any such use would be a violation of these Terms and Conditions of Usage and is at user’s sole risk and Fruitlicious will not be responsible for any direct, incidental, consequential, special or punitive damages resulting from such use.
(b) Fruitlicious is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site nor for any delays, inaccuracies, errors or omissions arising out of your use of the Site or with respect to the material contained on the Site, including without limitation, any material posted on the Site. THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, FORUM FACILITIES, SUBSCRIPTION SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE OR DESCRIBED ON THE SITE OR ACCESSED BY MEANS THEREOF) AND ANY MARKETING OR PROMOTIONAL ACTIVITIES OR ANY OTHER ITEM OR SERVICE PROVIDED VIA THE SITE IS PROVIDED AS IS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ANY CLAIM IN TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY). WITHOUT LIMITING THE FOREGOING, Fruitlicious MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL Fruitlicious BE LIABLE FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITE, OR FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Fruitlicious MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES. Fruitlicious DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY OR THAT THE SITE, INCLUDING THE FORUM FACILITIES OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Fruitlicious WILL NOT BE RESPONSIBLE FOR ANY ACTUAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS AND INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE SITE, WHETHER THE MATERIAL IS PROVIDED BY Fruitlicious OR A THIRD PARTY.
(c) Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Fruitlicious reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site or to deny access to the Site to anyone at any time. Neither Fruitlicious nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
(d) USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. OUR TOTAL LIABILITY HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
(e) ELECTRONIC COMMUNICATIONS PRIVACY: WE MAKE NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
(f) Neither Fruitlicious nor any of its affiliates shall have any liability to you for usage charges related to any device that you use to access the Site or use Fruitlicious’ services, including, without limitation, usage charges for mobile telephones, Palm OS devices, Windows CE devices, car navigation systems, pagers, Smartphones and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
13. Indemnification. You agree to indemnify and hold Fruitlicious and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions of Usage, or the infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
14. Applicable Laws. Fruitlicious operates the Site from its office in Kuala Lumpur, Malaysia and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. The display of the Site alone does not subject Fruitlicious to any specific jurisdiction. You may not use or export any of the Site materials in violation of Malaysian export laws and regulations. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the Malaysian laws as applied to agreements made and to be performed entirely therein. Any action brought to in connection with the Site or Site content shall be brought in the courts with jurisdiction in Malaysia