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Please read the Terms of Use carefully before accessing or using this Site.
TERMS OF USE
Ownership of Site; Agreement to Terms of Use These Terms and Conditions of Use (the "Terms of Use") apply to the PenDrive web site located at www.pendrive.com.my, and all associated sites linked to www.pendrive.com.my by PenDrive, its subsidiaries and affiliates, including PenDrive sites around the world (collectively, the "Site"). The Site is the property of PenDrive (M) Sdn. Bhd. ("PenDrive") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
PenDrive reserves the right, at its sole discretion, to change, modify, add or remove portions of
these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically
for changes. Your continued use of the Site following the posting of changes will mean that you
accept and agree to the changes. As long as you comply with these Terms of Use, PenDrive grants
you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music, artwork and computer code (collectively, "Content"), including but not limited to the design,
structure, selection, coordination, expression, "look and feel" and arrangement of such Content,
contained on the Site is owned, controlled or licensed by or to PenDrive, and is protected by trade
dress, copyright, patent and trademark laws, and various other intellectual property rights and
unfair competition laws.
Except as expressly
provided in these Terms of Use, no part of the Site and no Content may be copied,
reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or
distributed in any way (including "mirroring") to any other computer, server, Web site or other
medium for publication or distribution or for any commercial enterprise, without PenDrive's express
prior written consent.
You may use information on PenDrive products and services (such as data sheets, knowledge base
articles, and similar materials) purposely made available by PenDrive for downloading from the
Site, provided that you (1) not remove any proprietary notice language in all copies of such
documents, (2) use such information only for your personal, non-commercial informational purpose
and do not copy or post such information on any networked computer or broadcast it in any media,
(3) make no modifications to any such information, and (4) not make any additional representations
or warranties relating to such documents.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or
circumvent the navigational structure or presentation of the Site or any Content, to obtain
or attempt to obtain any materials, documents or information through any means not purposely
made available through the Site. PenDrive reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any
other systems or networks connected to the Site or to any PenDrive server, or to any of the
services offered on or through the Site, by hacking, password "mining" or any other illegitimate
means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site,
nor breach the security or authentication measures on the Site or any network connected to the Site.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor
to the Site, or any other customer of PenDrive, including any PenDrive account not owned by you, to
its source, or exploit the Site or any service or information made available or offered by or
through the Site, in any way where the purpose is to reveal any information, including but not
limited to personal identification or information, other than your own information, as provided
for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large
load on the infrastructure of the Site or PenDrive's systems or networks, or any systems or networks
connected to the Site or to PenDrive.
You agree not to use any device, software or routine to interfere or attempt to interfere with the
proper working of the Site or any transaction being conducted on the Site, or with any other person's
use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of
any message or transmittal you send to PenDrive on or through the Site or any service offered on
or through the Site. You may not pretend that you are, or that you represent, someone else, or
impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these
Terms of Use, or to solicit the performance of any illegal activity or other activity which
infringes the rights of PenDrive or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific
portions or features of the Site, including contests, promotions or other similar features,
all of which terms are made a part of these Terms of Use by this reference. You agree to
abide by such other terms and conditions, including where applicable representing that you
are of sufficient legal age to use or participate in such service or feature. If there is a
conflict between these Terms of Use and the terms posted for or applicable to a specific portion
of the Site or for any service offered on or through the Site, the latter terms shall control
with respect to your use of that portion of the Site or the specific service.
PenDrive's obligations, if any, with regard to its products and services are governed solely by
the agreements pursuant to which they are provided, and nothing on this Site should be construed
to alter such agreements.
PenDrive may make changes to any products or services offered on the Site, or to the applicable
prices for any such products or services, at any time, without notice. The materials on the Site
with respect to products and services may be out of date, and PenDrive makes no commitment to
update the materials on th
e Site with respect to such products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account
(including setting up an PenDrive ID and password). You are entirely responsible for maintaining
the confidentiality of your account information, including your password, and for any and all
activity that occurs under your account. You agree to notify PenDrive immediately of any
unauthorized use of your account or password, or any other breach of security. However, you may
be held liable for losses incurred by PenDrive or any other user of or visitor to the Site due
to someone else using your PenDrive ID, password or account.
You may not use anyone else's PenDrive ID, password or account at any time without the express
permission and consent of the holder of that PenDrive ID, password or account. PenDrive cannot
and will not be liable for any loss or damage arising from your failure to comply with these
obligations.
Privacy
PenDrive's Privacy Policy applies to use of this Site, and its terms are made a part of these
Terms of Use by this reference. To view PenDrive's Privacy Policy, click here . Additionally,
by using the Site, you acknowledge and agree that Internet transmissions are never completely
private or secure. You understand that any message or information you send to the Site may be
read or intercepted by others, even if there is a special notice that a particular transmission
(for example, credit card information) is encrypted.
Links to Other Sites and to the PenDrive Site
This Site may contain links to other independent third-party Web sites ("Linked Sites").
These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites
are not under PenDrive's control, and PenDrive is not responsible for and does not endorse the
content of such Linked Sites, including any information or materials contained on such Linked
Sites. You will need to make your own independent judgment regarding your interaction with these
Linked Sites.
Disclaimers
PENDRIVE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL
BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF
THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS"
A
ND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT
NOTICE. PENDRIVE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL
BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PENDRIVE DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PENDRIVE DISCLAIMS ANY AND ALL
LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR
RELATED TO YOUR USE OF THE SITE AND/OR ANY PENDRIVE SERVICES. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST
PENDRIVE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY
SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or destruction of or
unauthorized access to, alteration of, or use, whether for breach of contract, tort,
negligence or any other cause of action.
Limitation of Liability
Except where prohibited by law, in no event will PenDrive be liable to you for any
indirect, consequential, exemplary, incidental or punitive damages, including lost
profits, even if PenDrive has been advised of the possibility of such damages.
If, not withstanding the other provisions of these Terms of Use, PenDrive is found to be
liable to you for any damage or loss which arises out of or is in any way connected with
your use of the Site or any Content, PenDrive's liability shall in no event exceed the
greater of (1) the total of any subscription or similar fees with respect to any service
or feature of or on the Site paid in the six months prior to the date of the initial claim
made against PenDrive (but not including the purchase price for any PenDrive hardware or
software products or any similar support program), or (2) US$100.00. Some jurisdictions do
not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold PenDrive, its officers, directors, shareholders,
predecessors, successors in interest, employees, agents, subsidiaries and affiliates,
harmless from any demands, loss, liability, claims or expenses (including attorneys' fees),
made against PenDrive by any third party due to or arising out of or in connection with your
use of the Site.
Violation of These Terms of Use
PenDrive may disclose any information we have about you (including your identity) if
we determine that such disclosure is necessary in connection with any investigation or
complaint regarding your use of the Site, or to identify, contact or bring legal action
against someone who may be causing injury to or interference with (either intentionally
or unintentionally) PenDrive's rights or property, or the rights or property of visitors
to or users of the Site, including PenDrive's customers. PenDrive reserves the right at
all times to disclose any information that PenDrive deems necessary to comply with any
applicable law, regulation, legal process or governmental request. PenDrive also may
disclose your information when PenDrive determines that applicable law requires or
permits such disclosure, including exchanging information with other companies and
organizations for fraud protection purposes.
You acknowledge and agree that PenDrive may preserve any transmittal or communication
by you with PenDrive through the Site or any service offered on or through the Site,
and may also disclose such data if required to do so by law or PenDrive determines
that such preservation or disclosure is reasonably necessary to (1) comply with legal
process, (2) enforce these Terms of Use, (3) respond to claims that any such data
violates the rights of others, or (4) protect the rights, property or personal safety
of PenDrive, its employees, users of or visitors to the Site, and the public.
You agree that PenDrive may, in its sole discretion and without prior notice, terminate
your access to the Site and/or block your future access to the Site if we determine that
you have violated these Terms of Use or other agreements or guidelines which may be
associated with your use of the Site. You also agree that any violation by you of these
Terms of Use will constitute an unlawful and unfair business practice, and will cause
irreparable harm to PenDrive, for which monetary damages would be inadequate, and you
consent to PenDrive obtaining any injunctive or equitable relief that PenDrive deems
necessary or appropriate in such circumstances. These remedies are in addition to any
other remedies PenDrive may have at law or in equity.
You agree that PenDrive may, in its sole discretion and without prior notice, terminate
your access to the Site, for cause, which includes (but is not limited to) (1) requests
by law enforcement or other government agencies, (2) a request by you (self-initiated
account deletions), (3) discontinuance or material modification of the Site or any service
offered on or through the Site, or (4) unexpected technical issues or problems.
If PenDrive does take any legal action against you as a result of your violation of these
Terms of Use, PenDrive will be entitled to recover from you, and you agree to pay, all
reasonable attorneys' fees and costs of such action, in addition to any other relief
granted to PenDrive. You agree that PenDrive will not be liable to you or to any third
party for termination of your access to the Site as a result of any violation of these
Terms of Use.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. PenDrive
shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 1997-2004 PenDrive (M) Sdn. Bhd. All rights reserved.
PenDrive (M) Sdn. Bhd., 13-2, Block C1, Jln PJU 1/41, Prima Square, P.J. Sel. D.E. Malaysia.
Updated by The PenDrive Legal Team on 15/5/06
Effective May 2006
Copyright © 2006 PenDrive (M) Sdn. Bhd. All rights reserved.
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