Terms of Use

NOTE: THIS IS A LEGALLY BINDING AGREEMENT. PLEASE REVIEW AND READ THESE TERMS OF USE BEFORE ACCESSING THE WEBSITE OR USING ANY OF THE SERVICES OFFERED. IF YOU DISAGREE WITH THESE TERMS, DO NOT USE OR ACCESS THE WEBSITE.

FOR THE PURPOSE OF THIS AGREEMENT “YOU” IS DEFINED AS:  “VISITOR”, “USER”, “CUSTOMER”, “YOU” OR “YOUR”.   “WE”, “OUR”, “US”, OR “COMPANY”.

By registering as a customer or user of our website; or accessing the website, you agree to all legal terms and conditions contained within this Agreement.  Also included within this document is our Privacy Policy, and our Intellectual Property Policy. We may publish rules, policies, and procedures from time-to-time on our website, and we reserve the sole right to amend or change these Terms at any time.  Terms and conditions apply to all users of our website and services, including but not limited to: users; visitors; customers; vendors; advertisers; and third parties that access the Website.

WEBSITE USE

Our website was designed for our clients. You are prohibited from: (a) downloading, copying, or transmitting any or all of Our website or Content without permission or an agreement;  (b) using any data mining, robots, or data extraction methods; (c) manipulating or using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any person, user, company, or other third party for any product or service unless you have permission to do so; and (e) using the Web site or any related content other than for its intended purpose, including but not limited to: defamation; harassment; stalking; abusive or threatening behavior; or any behavior that might violate the substantial rights (such as rights of privacy) of others.

You are strictly prohibited from impeding or interfering with the security of our website, or otherwise abuse our system resources. Your use of our website is strictly to be construed for any legal or lawful purpose.

 

REGISTRATION AND ELIGIBILITY

You can visit, browse, or review our website, and observe website content without registering, but as a condition to using certain aspects of our website, you may be required to register. Therefore, you warrant and promise that you are over the age of thirteen (13) with parental permission or over the age of eighteen (18) as the case may be; and are providing us with accurate and complete registration information, such as:  your user name; e-mail address; and password.  It is your responsibility to maintain your registration information; safeguard that information; and keep it up-to-date. Failure to do so may be deemed a breach of these Terms, which can result in the termination of your account.

We reserve the right to refuse registration of, or cancel a User Name at any time. You  understand and agree that you are fully responsible and liable for activity on your account. You also understand that you must keep your account password confidential. You must immediately notify us via email, if you believe your account has been hacked; you experience unauthorized activity on your account; or you believe your account security has been breached.

We reserve the right to refuse service to anyone; revise, supplement, or delete information on our website; and reserve the right to make changes with or without notice to You. It is your responsibility for ensuring these Terms of Use are in compliance with all laws, rules and regulations applicable to you.

CONTENT

We cannot guarantee the authenticity of any Content or data provided by third-party Advertisers or Vendors.  You agree that any Content you access, whether our website ; or any other third-party website; is at your own risk and you agree to accept full responsibility for any damages or losses to you or any other party.   The term “Content” includes and is not limited to:  location information; video, audio, or media clips; comments; information; data; text; photographs; graphics; and any interactive features generated, provided, or otherwise made accessible by or through our website.

We retain all rights, title and interest to our own website and Content which is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.

You promise not to infringe upon those rights, and to abide by and agree to all applicable copyright and trademark laws; copyright notices; logos; service marks; and any restrictions contained in any content contained within our website.

COOKIES

Please see our Privacy Policy regarding “cookies” and how we collect and use your personal information.  You may opt out of the use of cookies for internet-based advertising by changing your “privacy” settings located within your browser.

RULES AND CONDUCT

You are prohibited from using our website or services for any improper, illegal, or prohibited purpose.   Harassment, bullying, obscenities, pornography, bigotry and violence is strictly prohibited. You must not use this website in any way that causes, or may cause, damage to our website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

THIRD PARTY SITES AND SERVICES

Our website may allow you to link to other websites or resources on the internet.  If you access a third party website, it is at your own risk. You understand we have no control over third party advertiser or vendor websites, and you agree that we are not responsible for any content, functions, accuracy, legality, or any other aspect of these websites.

You also acknowledge that we are not responsible or liable, directly or indirectly, for any damage or loss that may happen as a result of your use, or reliance on any website; content; as well as goods or services available on or through these third party websites.

TERMINATION

We reserve the right to terminate your access to all or any part of our website or services at any time, with or without notice to you. All conditions contained within this Terms of Use Agreement shall survive termination, including, without limitation,  warranty disclaimers, indemnity,  limitations of liability, and choice of law provisions.

WARRANTY DISCLAIMER

OUR WEBSITE AND CONTENT ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ITS CONTENTS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

You agree to release us from all liability from having acquired or not acquired content through our website.  Our website and services may contain or direct you to websites containing information that some people may find offensive or inappropriate. We make no warranty or representation concerning any content contained in or accessed through our website or services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, as well as our employees, officers, affiliates, and agents from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to:  our website; services; content; URL; links;  violations of these Terms of Use; or infringement by you, or any third party using  your account, of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT YOU ARE ASSUMING ALL RESPONSIBILITY AND RISK FOR USING OUR WEBSITE AND THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE INFORMATION OR CONTENT CONTAINED THEREIN.

IN NO EVENT SHALL OUR COMPANY OR ANY OF OUR OWNERS, AGENTS, OR EMPLOYEES, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO TEN ($10.00) U.S. DOLLARS.  SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GOVERNING LAW

 

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Kelantan, and Malaysia, excluding its conflicts of law provisions.  Any and all disputes regarding these terms shall be resolved in a professional and business-like manner, absent resolution, disputes shall be resolved by binding mediation, located in Kota Bharu, with the parties agreeing to share the cost and choice of a third party mediator.  The prevailing party shall be entitled to reimbursement of any and all costs and fees, including but not limited to attorney’s fees.

CONTACT

You may contact us at the following address and email address:

Email: support@boosharticles.com

Effective Date: 21/07/2015

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