Terms of Use
1. Acceptance of Terms
A. Malaysian Java User Group ("MyJUG") welcomes you. By using and/or visiting the MyJUG website (collectively, including all content and functionality available through the "my-jug.org" domain name, the "MyJUG Website", or "Website"), you signify your agreement to (1) These terms and conditions (the "Terms of Use"), (2) MyJUG privacy policy, found at http://www.my-jug.org/Privacy and (3) MyJUG copyright terms, found at http://www.my-jug.org/Copyrights. If you do not agree to any of these terms, the privacy policy or the copyright disclaimer, please do not use the MyJUG Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version http://www.my-jug.org/Terms). MyJUG may, in its sole discretion, modify or revise these Terms of Use 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.
2. MyJUG Website
A. These Terms of Use apply to all users of the MyJUG Website. The MyJUG Website includes all aspects of MyJUG, including but not limited to "MyJUG Yahoo! Group" and the "MyJUG Facebook Group".
B. The MyJUG Website may contain links to other websites and resources. These links are provided for convenience only and MyJUG has not control, and assumes no responsibility for, the content of any of these linked websites. The inclusion of any link to a website does not imply endorsement by MyJUG of the website or their entities, products or services. By using the Website, you expressly relieve MyJUG from any and all liability arising from your use of any third-party websites.
C. Accordingly, we encourage you to be aware when you leave the MyJUG Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. MyJUG Accounts
A. In order to access some features of the Website, you will have to register for accounts. These accounts are acquired individually or together from service providers the features are hosted ("Service Providers"), i.e. 1) The MyJUG Website is hosted by CustomWare Asia Pacific Pty. Ltd. ("CustomWare"), the account can be registered from CustomWare at http://www.customware.net/repository/dashboard.action, 2) The MyJUG Yahoo! Group is hosted by Yahoo! Inc. ("Yahoo"), the account can be regisitered from Yahoo! at http://www.yahoo.com/, 3) The MyJUG Facebook Group is hosted by Facebook, the account can be registered from Facebook at http://www.facebook.com/.
B. Accordingly, we encourage you to read the terms and conditions and privacy policy of each of the Service Providers. Any discontinuance or termination, suspension or variation of account by the Service Providers shall not be the responsibility of MyJUG. You are solely responsible for the activity that occurs on your account, and must keep your account password secure. You must notify MyJUG and the relevant Service Providers immediately of any breach of security or unauthorized use of your account. In addition, MyJUG holds the right to decline and terminate the use of the Website with or without any notice.
C. Although MyJUG will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MyJUG or others due to such unauthorized use.
4. Privacy Policy
A. Registration Data and certain other information about you are subject to our privacy policy. MyJUG makes the best effort to protect your privacy but cannot be responsible if the third party such as the Service Providers or their partners, access to your information or contact you. For more information of our practice in this Website, please see the full privacy policy at http://www.my-jug.org/Privacy.
5. General Use of the Website, Availability and Permissions
MyJUG hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:
A. You agree to only distribute and modify the work in the Website with respect to the copyright terms defined at http://www.my-jug.org/Copyrights.
B. You agree to provide true, accurate, current and complete information ("Registration Data") about yourself in all prompted registration forms by MyJUG and the Service Providers.
C. You agree to maintain and update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Yahoo! has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyJUG has the right to suspend or terminate your access to the Website.
D. 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 MyJUG servers or the Service Providers 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, MyJUG 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. MyJUG 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.
E. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use, MyJUG privacy policy, MyJUG copyright terms and all applicable local, national, and international laws and regulations.
F. MyJUG makes no guarantee of the availability of the Website, and any User Submissions.
G. MyJUG reserves the right to discontinue any aspect of the MyJUG Website at any time.
6. Member Conduct
A. As a user of the Website, you may submit textual content such as pages, comments, photographs and newsletters, collectively referred to as "User Submissions". You understand that whether or not such User Submissions are published, MyJUG does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequence of posting, publishing, modifying or removing 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 MyJUG 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 Use.
C. You acknowledge that you hereby grant MyJUG 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 MyJUG Website, including without limitation for promoting and redistributing part or all of the MyJUG Website (and derivative works thereof) in any media formats and through any media channels. The above licenses granted by you terminate within a reasonable time after you remove or delete your User Submissions from the MyJUG Website. You understand and agree, however, that MyJUG may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
D. 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 MyJUG all of the license rights granted herein.
E. MyJUG does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MyJUG expressly disclaims any and all liability in connection with User Submissions. MyJUG does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MyJUG will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. MyJUG reserves the right to remove content of the Website and User Submissions without prior notice.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MYJUG WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MYJUG, ITS COMMITTEE MEMBERS, AFFILIATES, AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MYJUG 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 MYJUG WEBSITE. MYJUG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MYJUG WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MYJUG 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.
8. Limitation of Liability
IN NO EVENT SHALL MYJUG, ITS COMMITTEE MEMBERS, AFFILIATES, AND PARTNERS, 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 MYJUG 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 MYJUG 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.
9. Indemnity
You agree to defend, indemnify and hold harmless MyJUG, its committee members, affiliates and partners, 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 MyJUG Website; (ii) your violation of any term of these Terms of Use; (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 Use and your use of the MyJUG Website.
10. Ability to Accept Terms of Use
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 Use, and to abide by and comply with these Terms of Use.
11. General
You agree that: (i) the MyJUG Website shall be deemed solely based in Kuala Lumpur, Malaysia; and (ii) the MyJUG Website shall be deemed a passive website that does not give rise to personal jurisdiction over MyJUG, either specific or general, in jurisdictions other than the State of Federal Territory, Malaysia. These Terms of Use shall be governed by the internal substantive laws of the State of Federal Territory, without respect to its conflict of laws principles. Any claim or dispute between you and MyJUG that arises in whole or in part from the MyJUG Website shall be decided exclusively by a federal or state court competent jurisdiction located in Kuala Lumpur, Malaysia. These Terms of Use, together with the Privacy Notice at http://www.my-jug.org/Policy and any other legal notices published by MyJUG on the Website, shall constitute the entire agreement between you and MyJUG concerning the MyJUG Website. If any provision of these Terms of Use 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 Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MyJUG's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. MyJUG reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the MyJUG Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND MYJUG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MYJUG WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
