1.1 This Site is owned and operated by TVKita. Modification of any material from this Site or use for any other purpose is a violation of TVKita's copyright and other proprietary rights. Use of any such material from this Site on any other web site or computer environment is prohibited. Material from this Site or any other web site owned, operated, licensed or controlled by TVKita may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner.
1.2 All names, symbols, logos and marks appearing in this Site, except as otherwise noted, are trademarks owned or used under license by TVKita or its affiliates. The use of these trademarks or any other material on this Site is strictly prohibited.
2. USER'S RESPONSIBILITIES
2.1 The User agrees not to use the TVKITA.media to:
a. Upload, post otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Encourage conduct that would constitute a criminal offence, or that gives rise to civil liability;
c. Upload, post or otherwise transmit any Content that the User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements) ;
d. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary rights of any party;
e. Do anything that affects the operability or security of TVKITA.media or causes unreasonable inconvenience or offence or disruption to TVKita’s staff;
f. Engage in commercial activities on TVKITA.media without TVKITA.media 's express approval. This includes, but is not limited to, the following activities:
(i) offering for sale any products or services;
(ii) Soliciting for advertisers or sponsors;
(iii) Conducting raffles or contests that require any type of entry fee;
(v) Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
4. ADDITIONAL TERMS
5. ELECTRONIC DELIVERY POLICY AND USER'S CONSENT
You agree that we may provide to you required notices, agreements and other information concerning TVKITA.media electronically. We will post the notices on the home page of TVKITA.media or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of TVKITA.media.
6. CHANGES TO TVKITA.media
TVKITA.media may discontinue or change any service or feature on TVKITA.media at any time and without notice.
7. ACCESS COSTS
You must provide at your own expense the equipment and internet connections that you will need to access and use TVKITA.media. You are solely responsible for any costs you incur to access TVKITA.media through any wireless or other communication service.
8. PROPRIETARY RIGHTS
TVKITA.media, its suppliers and users who lawfully post text, messages, information, software, images, audio and video ("Content") on TVKITA.media own the proprietary rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. The look and feel of our colour combinations, button shapes, and other graphical elements on TVKITA.media are our trademarks.
9. LICENSE TO USE TVKITA.media
You may use TVKITA.media and the content offered on TVKITA.media only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of TVKITA.media or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
10. CONTENT POSTED BY USER TO PUBLIC AREAS
11. NO DUTY TO MONITOR
11.1 The User hereby agrees that TVKITA.media is not liable for Content that is provided by others. TVKITA.media is under no duty to pre-screen Content, but TVKITA.media has the right to refuse to post or to edit submitted Content. TVKITA.media reserves the right to remove Content for any reason, but TVKITA.media is not responsible for any failure or delay in removing such material.
11.2 TVKITA.media reserves the right, for any reason to remove without notice any forum posting but has no obligation to delete any content which any of the User may find objectionable.
11.3 The User agrees that any message whatsoever submitted by the User becomes the property of TVKITA.media and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as TVKITA.media sees fit at its absolute discretion.
12. THIRD PARTY SITES; ADVERTISERS
TVKITA.media may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that TVKITA.media endorses these third party sites or services. The User hereby acknowledges and agrees that TVKITA.media is not responsible or liable for any Content or other materials on these third party sites. Any dealings that the User may have with advertisers found on TVKITA.media are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
13. DISCLAIMER OF WARRANTIES
13.1 TVKITA.media is provided on as is basis, with all faults and as available. TVKITA.media and its suppliers make no express warranties or guarantees about TVKITA.media to the extent permitted by law, TVKITA.media and its suppliers disclaim implied warranties that TVKITA.media and all software, content and services distributed through TVKITA.media are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that TVKITA.media will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of TVKITA.media, including any support services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use TVKITA.media (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a TVKITA representative shall create a warranty.
13.2 The user agrees that in the event that TVKITA.media and/or TVKita, or any of their affiliates, or any of their officers, directors, employees, agents or the like, are made liable for any loss or damages resulting from any infringement of copyright or other proprietary rights, or from other harm arising from your uploading or distribution of content, you will indemnify TVKITA.media and/or TVKita, or any of their affiliates for all such liability and its legal cost on full indemnity basis.
14. LIMITATION OF LIABILITY
14.1 TVKITA.media and/or our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon TVKITA.media. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of TVKITA.media and/or our suppliers, shall be limited to the extent permitted by law.
14.2 A user who uses, or makes decisions based on information contained in TVKITA.media on any linked site (links to third party sites) does so at the user's own risk. By accessing this site or any linked site, the user agrees to hold TVKITA.media and/or TVKita and its affiliates harmless against any claims for damages arising from any decisions that the User makes based on such information.
14.3 Information contained in this Site, is provided "as is" and "as available" and without warranties of any kind either express or implied. TVKITA.media does not warrant that the functions contained in the materials will be uninterrupted or free from errors, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. TVKITA.media and TVKita disclaims liability for and does not warrant or make any representations regarding the use, interpretation or results of the use of materials in this Site in terms or their correctness, accuracy, timeliness, reliability or otherwise.
Upon request by us, you agree to defend, indemnify, and hold harmless TVKITA.media and/or our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of TVKITA.media. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
16. INTERNATIONAL USE
We make no representation that Content on TVKITA.media is appropriate or available for use in locations outside Malaysia, and accessing it from territories where the content is illegal is prohibited. If you choose to access TVKITA.media from a location outside Malaysia, you do so on your own initiative and you are responsible for compliance with local laws.
17. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
a. waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own;
b. irrevocably consenting to the exclusive jurisdiction of, and venue in Malaysia over any disputes or claims you have with us; and
c. submitting yourself to the personal jurisdiction of courts in Malaysia located for the purpose of resolving any such disputes or claims.
18. SEVERABILITY AND INTEGRATION