8 INTERACTIVE SDN BHD TERMS AND CONDITIONS
YOU MUST BE AT LEAST 18 YEARS OLD TO AGREE TO AND ACCEPT THIS AGREEMENT. IF YOU ARE BELOW 18 YEARS OF AGE, PARENTAL CONSENT IS REQUIRED FOR YOUR PARTICIPATION IN THIS SERVICE.
The underlying Terms and Conditions ("Agreement") is made between 8 INTERACTIVE SDN. BHD. (hereinafter Company ‘8I’) and any person (hereinafter you or your) who completes the registration process to open and maintain an account with the Company for the multiple game Services (hereinafter Services). As part of the Services, the Company maintains a family of multiple sites on the World Wide Web (hereinafter Web Sites).
BY CLICKING THE "SUBMIT" BUTTON OR SUCH EQUIVALENT BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICES, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT PROCEED TO ACCESS, USE OR INSTALL ANY PART OF THE SERVICES.
COPYRIGHT, TRADEMARK NOTICES AND INTELLECTUAL PROPERTY
All contents of this 8 Interactive Sdn Bhd portal (hereinafter 8I Portal) are Copyright 2007 off 8 Interactive Sdn Bhd. and/or its parent and affiliated companies and/or its suppliers. All rights reserved. 8I portal is solely for personal use only and should not be used for commercial benefits at any point of time. 8 Interactive Sdn Bhd logo are registered trademark. This portal and its logo are trademarks or service marks of 8 Interactive Sdn. Bhd. All other product and company names appearing on this 8I portal are the trade names, trademarks or registered trademarks of their respective owners.
The 8I portal, including, without limitation, and all Games services contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of 8I portal and each area contained therein are copyrighted as a collective work under the Malaysian copyright laws. 8 Interactive Sdn Bhd owns a copyright in the selection, co-ordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on 8I portal (including, without limitation, content that 8I portal enables you to download) without the express written permission of 8 Interactive Sdn Bhd and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright, notice shall be made. The downloading of copyrighted material from this portal is allowed for your own personal use. You hereby acknowledge that 8 Interactive Sdn Bhd and/or third-party content providers remain the owners of all materials posted on this portal, and that you do not have any rightful claims to any contents downloaded.
8 Interactive Sdn Bhd reserves all rights, title and interest in and to all 8I Content and 8I Trademarks which are not expressly granted. Unless expressly permitted in writing, you are not allowed to rent, lease, reproduce, modify, translate or create derivative works of the 8I Portal Content nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the characters or content contained in the game or on 8I Portal. 8 Interactive Sdn Bhd does not consent to the protection under the copyright law of any unauthorized derivative work. Any sale or creation of merchandise without the prior consent or written approval of 8I is not allowed.
Claims of copyright infringement should be addressed directly to our company:
Address:
8 Interactive Sdn. Bhd.
32, 2th Floor,
Fraser Business Park,
Jalan Metro Pudu,
Off Jalan Yew,
55100, Kuala Lumpur
Telephone Number : (603) 9223 2828
Facsimile Number: (603) 9223 2626
Policy on Repeat Infringers
8I has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of 8I online system or network who are repeat infringers. 8I may terminate access for content providers, forum participants or any individual who are found repeatedly to provide or post protected material without necessary rights and permissions.
COPYRIGHT CONTENT OF MYROSSO PORTAL
Any software that is made available to download from 8I Portal (hereinafter Content) is the copyrighted work of 8 Interactive Sdn Bhd and/or his suppliers. Use of the Content is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Content (hereinafter License Agreement). End users shall not install or use any Content that is accompanied by or includes a License Agreement unless the end user first agrees to the License Agreement terms. For any Content not accompanied by a license agreement, the following shall constitute the License Agreement. 8I hereby grants you the use, a personal, non-transferable license to use the Content for viewing and other use of this 8I Portal in accordance with these terms of use, and for no other purposes. Please note that all Content, including, without limitation, all HTML code contained in this 8I Portal, is owned by 8 Interactive Sdn Bhd and/or his suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER 8I, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
RULES OF CONDUCT
You hereby agree to abide by the Rules of Conduct set forth below. The Company may amend the Rules of Conduct at any time. The Company reserves the right to terminate your account and provide no refund or compensation for any unused service or points if it determines in its sole discretion that you have engaged in or suspected of any impermissible conduct whether or not such conduct violates the Rules of Conduct. You acknowledge, however, that the Company does not pre-screen contents or communications over the Services.
You may not create or use any Game Character Name or Login I.D. that may be deceptive or similar, with which may be created and/or used by the Company for the purpose of easy recognition, efficient operation, customer support, test or review of the Services.
You are advised to behave in a civilized manner at all time with which you will not explicitly harass, threaten or deliberately embarrass other players with the intention to harm or inconvenience them.
You are not allowed at any time to use any offensive or sexually explicit language including but not limited to any defamatory, obscene, harmful, threatening, unlawful, abusive, harassing, hateful, racially or ethnically offensive language.
You are not allow to engage in any form of stealing including but not limited to looting other player’s kills without their permission if they are still within the kill area.
You are advised to exercise leniency during PvP (Player vs Player) combat especially to the lower level players which may cause these players to have difficulty in leveling up. Although this remains a subjective ruling, a determination of such will be made by one or more of the Company's Game Master in response to his/her own game-play observations, and/or complaints from other players.
You are strictly no allowed to sell, buy or trade characters or items. All characters and items remain in the ownership of the Company and as such the Company reserves the right to arrest the item or character should it finds there is an illegal transaction has occurred. The company shall not responsible for any problems caused by illegal trading, selling or buying of characters or items.
You may not enter into game-play practices that cause disruption of game-play for other players, or adversely affect game performance. This includes but not limited to stealing players account information, deliberately crashing the server or attacking the network which causes severe disruption to the network performance. Any of the above acts is punishable within the Malaysian Laws and anyone caught doing so shall be reported to the authorities and will be punishable to the full extent of the law.
You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers.
You will not exploit any bug in games and you will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended game benefits), either directly or through public posting.
You will not create, use or provide any utilities, emulators or other software tools related to games that grant the user unnatural or unintended game benefits.
You may not arrange for the exchange of, market or advertise anything including any pirated or illegal software on the Services or through the Web Site of the Company, or use the Services or Web Site of the company for any other illegal purpose.
You may not organize nor be a member of any groups that are based on, or espouse, any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate-mongering philosophy.
You will not upload or transmit on the Services or the Web Site of the Company any copyrighted content that you do not own all right to, unless you have the express written permission of the author or copyright holder.
You may not give false information or intentionally hide any information when registering with the Services. The Company shall not entertain or assist you should the information provided by you does not match the information provided during registration.
You may not use the Services or the Web Site of the Company for any activities other than activities permitted within the Services.
You may not impersonate any employee of the Company or customer support representatives.
You may not post or communicate personal information of any player and nor do anything that may hurt privacy of other players in the Services or the Web Site of the Company.
You should not share your account information with others as you, as the account owner, are wholly responsible for the actions of characters created under your account.
You may not violate any local, state, national or international law or regulation. This includes all international cyber-laws which may be in effect currently or in future which may not be specified above. You are advised to constantly refer to any changes made within our rules and regulation.
THIRD PARTY LINKS
8 Interactive Sdn Bhd is not responsible for the availability of such external sites or resources unless specified, and does not endorse and be responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. 8I 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 use of or reliance on any such content, goods or services available on such external sites or resources. You are strongly advised to refer to our Customer Service before proceeding to download or access these links.
UNAUTHORIZED LINKS TO SITE
8 Interactive Sdn Bhd allows users to link to their 8I-related fan sites to the 8I homepage (http://www.8i.net.my). However, by using this website, you specifically agree not to link to any pages within the 8I site without express written approval. If you do not receive such express written approval prior to linking to an internal page on 8I, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from linking to any internal pages from the 8I site.
DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES. COMPANY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICES INTERRUPTIONS CAUSED BY THE COMPANY OR YOUR OR ANY OTHER MEMBER'S OWN ERRORS AND/OR OMMISSIONS.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THIS AGREEMENT.
ACCESS FEES AND CHARGES
Current fees for using the Services are published on the Web Site. 8I may change its fees and billing methods at any time with reasonable notice of the changes posted on the Web Site. All changes will be posted on the Web Site and you are responsible for reviewing the Web Site regularly to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your use of the Membership and stop using any 8I services as provided in below Section Your continued use of the Services thirty (30) days after posting of the changes on the Web Site will mean you accept such change. All fees are payable in advance and are non-refundable. ANY REVERSE PAYMENT DONE WITHOUT COMPANY APPROVAL WILL CAUSE ALL YOUR RELATED ACCOUNT BEING SUSPENDED OR TERMINATED. If your use of the Services is subject to use or sales tax, then the Company may also charge you for any such taxes, which will be in addition to the rates and charges published in the Web Site. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Payment by Credit Card: If you pay for the Services by a credit card, you present and admit to the Company that you are the authorized user of the credit card to pay Services charges. You agree and reaffirm that the Company is authorized to charge your credit card for every transaction you made in 8I Portal. You agree to promptly notify the Company of any changes to your credit card.
DENIAL OF ACCESS
8I, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the 8I site or 8I Services. The sending of an e-mail notice by 8I to any e-mail address used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms and Conditions, you agree to cease and desist immediately from any attempt to access the site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the 8I site.
TERMINATION
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate your Account at any time without further obligation to the other. Further, the Company reserves the right to terminate all or any portion of the Services at any time without further obligation to you.
IF THE SERVICES OR YOUR ACCOUNT IS TERMINATED OR CANCELLED FOR ANY REASON, NO REFUND AND TRANSFER OF ANY FEES WILL BE GRANTED. NO PRORATION OF FEES IS AVAILABLE TO YOU UPON TERMINATION OF THE SERVICES OR YOUR ACCOUNT FOR ANY REASON. UPON TERMINATION OF THE SERVICES OR YOUR ACCOUNT, YOUR ACCESS PRIVILIGES TO THE SERVICES WILL BE TERMINATED AND YOU WILL FORFEIT ANY UNUSED ACCESS TIME OR POINTS THAT YOU PURCHASED OR RECEIVED PRIOR TO TERMINATION.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless of 8I, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you. 8I reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with 8I in asserting any available defenses.
TAXES
Where applicable, you may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Identity Card number or any official Identity Identification document and any other information reasonably required by 8I and/or any sponsor who provides a particular prize may report the value of the prize to the taxing authorities after the prize being collected.
MISCELLANEOUS
This Agreement constitutes the entire agreement between 8I and you with respect to the subject matter hereof, and supersedes all previous agreements between the parties with respect to such subject matter, whether written or oral. This Agreement shall be construed in accordance with the laws of Malaysia. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. |