TERMS OF SERVICE
YOUR AGREEMENT TO BE BOUND BY THESE TERMS
YOUR LEGAL CAPACITY TO USE THE SERVICES
If you are using the Services on your own behalf as an individual, you must be aged 21 years or over. If you are under 21 years of age, you should use the Services only in conjunction and with the consent of a parent or guardian and you must inform them about these terms and our Privacy and Personal Data Collection Policy before you use the Services. By using Services, you warrant and represent to ASKPERT that you are legally entitled to do so and to make use of the Services. If you are using the Services on behalf of an organization or entity, then you must be duly authorized by that organization or entity to do so. By using the Services, you warrant and represent to ASKPERT that you are duly authorized by the organization or entity you purport to represent.
ACCESS TO THE SERVICES
Subject to your compliance with these Terms, ASKPERT grants you a limited, revocable, nonexclusive license to access the Services for your personal use. You may not sub-license your rights hereunder to a third party, and this license does not extend to any manual or automatic collection, aggregation, copying, duplication, display or derivative use of the Services (or any information or content found thereon), nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by ASKPERT. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Sites.
The Services contain material protected by copyright laws, trademarks, know-how, business methods, databases and proprietary information of VITAMEDIA, and others, including, without limitation, ASKPERT’s licensees (collectively, “Proprietary Material”), which may include, but is not limited to: text, software, photos, video, graphics, images, data, music and sound. You agree not to modify, publish, copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from ASKPERT.
CONDITIONS OF ACCESS TO YOUR USER ACCOUNT
Some aspects of the Services may require registration and login. You are solely responsible for protecting the confidentiality of your account identification and/or password and are responsible for all use of your accounts whether authorized by you or not.
You agree that you will not (and will not permit others) to:
NO LIABILITY FOR RELIANCE
ASKPERT does not represent or endorse the accuracy or reliability of any advice, opinion, statement or any other information displayed or distributed through the Services. You acknowledge and agree that any reliance upon any such opinion, advice, statement, or other information shall be at your sole risk.
If you purchase any goods or services, you agree to pay the applicable fees and taxes (if any) set forth in the offer that you accepted. ASKPERT has no liability for overdraft or other fees that you may incur as a result of the processing of your payment by our third party payment processor, or your bank or credit card company. To purchase any goods or services from ASKPERT, you will be taken away from the Sites and directed to the payment gateway we use, via a secure connection, through which you will provide your credit card or other payment information, so that it may be passed to our third party payment processor for payment. Your payments are also subject to the terms and conditions and privacy policies of such third parties. ASKPERT will have no access to your credit card or account numbers and information when you make a payment online and ASKPERT and its affiliates, officers, directors and employees, disclaim all liability in connection with any third party’s use or misuse of same. Please note that if you purchase any products or services, there may be terms and conditions that apply in addition to these Terms, which will be brought to your attention before you place an offer to purchase the same.
ASKPERT reserves the right to immediately terminate or restrict your access to the Services at any time for any reason with or without notice, without providing you the reason for the same. Without limiting the foregoing, ASKPERT may block or terminate your access to the Services if ASKPERT, in its sole discretion, believes you are violating these Terms.
You hereby agree to indemnify, hold harmless, and defend ASKPERT and its affiliated companies, and their respective predecessors, successors, and assigns, and all of their respective current and former officers, directors, shareholders, agents, and employees (the “Indemnified Parties”) from any and all actions, causes of action, suits, proceedings, claims, and/or demands by any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation, reasonable attorneys’ fees and costs)), which arise out of: (a) your actual or alleged breach of these Terms, (b) any negligent act or omission by you, or (c) any third party claim, action, or demand related to your use of the Services (each a “Claim” and collectively “Claims”). ASKPERT may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. ASKPERT will provide you with reasonably prompt notice of any Claim it receives.
THE SERVICES ARE PROVIDED “AS IS” AND ASKPERT HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT . ASKPERT DOES NOT WARRANT THAT THE SERVICES ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ANY APPLICABLE LAW WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. ASKPERT EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF FITNESS FOR AN INTENDED PURPOSE, PROPER WORKMANSHIP, NON-NEGLIGENCE, NON-INFRINGEMENT, AND ANY LIABILITY IN CONNECTION WITH YOUR USE OF YOUR CREDIT CARD OR ACCOUNT INFORMATION. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY LOST BUSINESS OR LOST PROFIT ARISING OUT OF YOUR OR ANY THIRD PARTY’S USE OR THE INABILITY TO USE THE SERVICES, AND/OR THE SERVICES’ CONTENT. IF YOUR USE OF THE SERVICES RESULTS IN ANY INTERRUPTION, IMPAIRMENT OR LOSS OF, OR YOUR NEED TO SERVICE, REPAIR OR CORRECT, ANY SOFTWARE, EQUIPMENT, SYSTEMS OR DATA, YOU AGREE TO ASSUME, AND HOLD US HARMLESS FROM, ANY COSTS AND LOSSES IN CONNECTION THEREWITH. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VITAMEDIA OR ITS AGENTS OR EMPLOYEES OR THIRD PARTIES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATIONS ON LIABILITY
ASKPERT AND ITS LICENSORS AND ITS THIRD PARTIES ARE NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATIONS LINES FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS, DATA, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN NO EVENT SHALL ASKPERT, ITS LICENSORS OR ITS THIRD PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES, EVEN IF ASKPERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
The Services may make available to users certain features that may allow users to exchange messages with other users, and participate in chat rooms or similar forums for the exchange of information (collectively the “Communication Apps”). You agree, through your use of the Services, that you will not use the Communication Apps to transmit any material which:
USER GENERATED CONTENT
By uploading files, posting messages or other content, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to or using the Services, you hereby warrant and represent that you are the owner of your Communications or you have all rights necessary to upload, post, transmit and otherwise share and/or use any such Communications for your intended purpose. You hereby grant to ASKPERT a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sub license, adapt, distribute, display, publicly perform, broadcast, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. User hereby waives all rights to any claim against ASKPERT for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with the Communications. ASKPERT reserves the right to delete comments/contents; or ban users without notification or explanation if we spot any sensitive topics including (but are not limited to) race, gender identity, politics, religions, sexuality; and vulgar words in your posts.
You hereby grant ASKPERT the right to use your generated contents for other marketing and branding purposes on our sites or related software tools, applications, functions, facilities and services, and associated media (if any) and other channels that we may make available from time to time.
USE OF MUSIC FOR VIDEO CONTENT AT YOUR OWN RISK
If you are creating video content featured with music, you are fully responsible for claims brought by third parties arising from your use of music. It is advised that you check any information before relying or acting on advice in our Sites.
You hereby grant us and our affiliates the right to use, display and place any advertising materials, data and/or content, including, without limitation, photos, text, sound, and videos (collectively, “Ad Materials”) that you submit, upload or otherwise provide through our Sites in connection with the placement of your Ads. We may review your Ad Materials prior to placing such Ad Materials; however, you are solely responsible for all Ad Materials, Ads, trafficking and targeting decisions with respect to the Ads, any website or redirects to which Ads direct viewers and all products and services offered or advertised. We may reject or remove Ad Materials or Ads at any time for any or no reason.
We will determine the size, placement, and positioning of your Ads. We cannot control how clicks are generated on your Ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running Ads. We make no commitment regarding editorial or content adjacency or competitive separation for Ads. You warrant that all Ads (or any product or service which an Ad promotes), will adhere to all applicable law, rules, regulation, advertising standards or codes of practice issued by a competent authority in the jurisdiction in which the particular campaign is selected to run, including jurisdiction-specific Digital Advertising Self-Regulatory Principles.
NO OBLIGATION TO MONITOR USE OF SERVICES
ASKPERT has no obligation to monitor the Services or any portion thereof. However, ASKPERT reserves the right to monitor and review any user generated content and user activity on the Services and remove, delete, redact or otherwise modify user content or block or terminate user access to the Services, in its sole discretion, at any time and from time to time, without notice or further obligation to you. ASKPERT has no obligation to display or post any user content. ASKPERT shall have no liability in connection with any user content submitted to, transmitted via, or displayed or posted on or through the Services.
LINKS TO THIRD PARTY SITES
RIGHT TO MODIFY TERMS
ASKPERT has a right to modify the Terms in any manner and at any time, with or without cause, in ASKPERT’s absolute discretion and without notice or liability. Any modification is effective immediately upon posting the new Terms. Your continued use of the Services following any modification of these Terms shall be conclusively deemed an acceptance of any modification. Your only right and remedy with respect to any dissatisfaction with any modification made pursuant to this provision, or any policies or practices of ASKPERT in providing the Services, is to cease use of the Services.
RIGHT TO MODIFY SERVICES
ASKPERT may at any time, without notice or liability, change or eliminate any content or feature of the Services, or restrict the use of any portion of the Services. User’s only right and remedy with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Services.
GOVERNING LAW AND ARBITRATION
These terms and conditions will be governed by and construed in accordance with the laws of Malaysia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Malaysia.
Any failure by ASKPERT to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by ASKPERT of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. ASKPERT will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent as reflected in the original provision.