POLICIES
 
  • Privacy Policy
  • Ximplify Terms Of Use

    •  

    Ximplify Terms of Use
    EMERGE Systems (M) Sdn. Bhd.
    (Co. Reg. : 544992-U)
    A-5-1, Pusat Perdagangan Pelangi Square,
    Pelangi Damansara, PJU 6,
    Persiaran Surian,
    47800 Petaling Jaya, Selangor.  
     
    The following agreement is by and between EMERGE Systems (M) Sdn. Bhd. (EMERGE) and you.

    WHEREAS, EMERGE is a Web Presence Provider connected to the Internet. EMERGE offers Ximplify, a service that allows users to have their own website, share information and contents over the Internet through access to its Web Servers;
    WHEREAS, you as the client seeks to utilize EMERGE's server for its own purposes;

    WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, EMERGE can make no guarantee that any given reader shall be able to access EMERGE's server at any given time. EMERGE represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

    NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
     
    1. Ximplify Subscription
    1.1
    These Terms of Use apply to all Ximplify users. Ximplify services includes all aspects of Ximplify, including but not limited to Ximplify User Control Panel, Ximplify Blog Module, Ximplify Photo Album Module, Ximplify Music Playlist Module, Ximplify Video Playlist Module, Ximplify File Storage Module, Ximplify Message Centre, Ximplify Community Networking Module, Ximplify SMS Modules, Ximplify Files Upload Module, Ximplify Content Editor Module and the users’ web page created using Ximplify (“Ximplify User Website”).
    1.2
    Ximplify is a paid subscription service. In order to access features of Ximplify, you will need to subscribe to Ximplify services and have an active Ximplify account. You agree to a yearly subscription contract, beginning upon EMERGE’s receipt of your Ximplify Registration Information that you have registered via the Ximplify online registration portal
    1.3
    The initial purchase and activation of the Ximplify account provides you with full subscription of the following services for ONE (1) year:
      (i) International Domain Name
    (ii) E-mail services with 1,000MB storage space
    (iii) Web SMS Facilities (with 10 SMS Credits - first time only)
    (iv) Blog Posting facility
    (v) Photo Posting facility
    (vi) Music Content Posting facility
    (vii) Video Content Posting facility
    (viii) File Storage facility
    [Note: (iv) to (viii) comes with a combined storage of 5,000MB]
    1.4
    Thereafter you will be required to renew your Ximplify subscription at the advertised renewal rate on a yearly prepaid basis in order to continue using the Ximplify services and to keep your Ximplify account active. You further agree that in the event that you fail to renew your subscription before expiry of your subscription, EMERGE will have all rights at its sole discretion to delete any files or data on your account without notification and EMERGE will not be held liable for any direct or indirect losses caused as a result of this.
    1.5
    Selection Of Domain Name. You acknowledge and agree that EMERGE cannot guarantee that you will obtain a desired domain name registration, even if an inquiry indicates that a domain name is available at the time of your application for same. You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly to be used, infringes upon the legal rights of a third party and further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose.
    1.6 NO GUARANTY. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.
    1.7
    DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the dispute policy adopted by the applicable registry. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold EMERGE harmless pursuant to the terms and conditions contained in the applicable policy. If EMERGE is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, EMERGE may, at its sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) EMERGE is directed to do so by the judicial or administrative body, or (ii) EMERGE receives notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, EMERGE may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from EMERGE.
    1.8
    You may never use another's account without permission. When registering your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify EMERGE immediately of any breach of security or unauthorized use of your account.
    1.9 Although EMERGE will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of EMERGE or others due to such unauthorized use.
    1.10
    You also acknowledge that EMERGE reserves the right to change the terms, conditions, mechanisms, functions, features and notices under which it offers Ximplify and all associated product and services however EMERGE sees fit, including any charges associated with the use of Ximplify at any time without prior notice to you.
     
    2. Taxes
    2.1
    EMERGE shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from you or EMERGE's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
     
    3. Your Acceptance
    3.1
    By registering your Ximplify subscription, you signify your agreement to (1) these terms and conditions (the "Terms of Use"), and (2) EMERGE's privacy notice, found at http://www.ximplify.com/policies/policies.asp. If you do not agree to any of these terms or the EMERGE privacy notice, please do not subscribe to Ximplify services.
    3.2
    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 at http://www.ximplify.com/policies/termsofuse.asp. EMERGE 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.
     
    4. General Use of Ximplify
    EMERGE hereby grants you permission to access and use Ximplify as set forth in these Terms of Use, provided that:
    4.1 You agree not to distribute in any medium any part of Ximplify, including but not limited to User Submissions (as defined in Clause 6.2), without EMERGE's prior written authorisation.
    4.2
    You agree not to alter or modify any part of Ximplify, including but not limited to Ximplify's website, Ximplify’s System (“Ximplify’s System” includes but not limited to the video playback pages, music playback pages on the website itself, Blog Module, Photo Album Module, Music Playlist Module, Video Playlist Module, Files Storage Module, Message Centre Module, Community Network Module, SMS Module, Files Upload Module, Content Editor Module or any of its related technologies) and Ximplify User Website.
    4.3
    You agree not to access User Submissions (as defined in Clause 6.2) or Ximplify User Website through any technology or means other than that provided by Ximplify’s System or other explicitly authorized means EMERGE may designate.
    4.4
    You agree not to use Ximplify, Ximplify User Website, Ximplify’s System or User Submissions (as defined in Clause 6.2) with the effect of competing with or displacing the market for Ximplify.
    4.5
    Ximplify File Upload Module is required to be used to upload files to your Ximplify account. If you use the Ximplify File Upload Module, you agree that you will be required to install and enable ActiveX software from a third party. You agree that EMERGE does not own the ActiveX software and therefore is not responsible for your use of or inability to use the ActiveX software, including without limitation the content, accuracy, or reliability of the software and the privacy practices or other policies of the Software Developer of the ActiveX software. YOU USE SUCH ACTIVEX SOFTWARE AT YOUR OWN RISK. The Software Developer may require you to agree to their own terms of use, privacy policies and/or other policies as a condition of using the ActiveX Software. PLEASE REVIEW THE DEVELOPER'S TERMS AND/OR POLICIES CAREFULLY.
    4.6
    You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses Ximplify User Websites and/or Ximplify’s System in a manner that sends more request messages to the Ximplify servers 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, EMERGE 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, but not caches or archives of such materials. EMERGE 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 Ximplify and its associated websites, nor to use the communication systems provided by Ximplify (e.g. comments, e-mail, SMS) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined in Clause 6.2).
    4.7
    In your use of Ximplify and its services, you will otherwise comply with the terms and conditions of these Terms of Use, and all applicable local, national, and international laws and regulations.
    4.8 EMERGE reserves the right to discontinue any aspect of the Ximplify and its corresponding services at any time.
       
     
    5. Links To Third Party Websites and Contents
    5.1
    The Ximplify Website and Ximplify User Website may contain links to third party websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, application, software an other content or items belonging to or origination from third parties (“Third Party Websites and Contents”) that are not owned or controlled by EMERGE. EMERGE has no control over, and assumes no responsibility for, the content, accuracy, offensiveness, opinions, reliability, privacy policies, or practices of any Third Party Websites and Contents. In addition, EMERGE will not and cannot censor or edit the content of any Third Party Websites and Contents. By using the Website, you expressly relieve EMERGE from any and all liability arising from your use of any third-party website.
    5.2
    Accordingly, we encourage you to be aware when you leave the Ximplify Website and Ximplify User Website, and to read the terms and conditions and privacy policy of each other website that you visit. When you access the other websites, you do so at your own risk and you should be aware that our terms and policies no longer govern.
     
    6. Proprietary Rights In Contents
    6.1
    All contents of Ximplify and contents made available through Ximplify Website, including , text, graphics, pictures, video, information, applications, software, music, sound, trademarks and services marks, links and compilations of individual data, and other files, and their selection and arrangement (the "Site Content"), and any other proprietary information of Emerge, Ximplify Users and our licensor, are the proprietary property of Emerge, Ximplify Users or its licensors with all rights reserved. Except for any information which is in the public domain, you may not use, copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary materials or information without our express written consent in each case.
    6.2
    Rights in Content Posted by You. By publishing, displaying or uploading (collectively, "Posting") any blogs, text, links, photos, video, music, messages, files or other data or information (collectively, "User Submissions") on or to Ximplify (including on or to your profile and your Ximplify User Website), you automatically grant, and you represent and warrant that you have the right to grant, to Emerge an irrevocable, perpetual, nonexclusive, fully-paid and worldwide license to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses of the foregoing.
     
    7. User Submissions and Your Conduct As a Ximplify User
    7.1 As a Ximplify account holder you may submit User Submissions. You understand that whether or not such User Submissions are published, EMERGE does not guarantee any confidentiality with respect to any User Submissions.
    7.2
    You shall be solely responsible for your own User Submissions and the consequences of posting or publishing 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 EMERGE 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.
    7.3
    For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Ximplify, you hereby grant EMERGE 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 Ximplify Website and Services, and EMERGE's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Ximplify Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of Ximplify and visitors to your website a non-exclusive license to access your User Submissions through your website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of Ximplify and under these Terms of Use. The above licenses granted by you in your User Submissions terminate within a commercially reasonable time after you remove or delete your Blogs Post, Photo Post, Music Post, Video Post and Files Post via the Ximplify service. You understand and agree, however, that EMERGE may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
    7.4
    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 EMERGE all of the license rights granted herein.
    7.5
    You further agree that you will not, in connection with User Submissions, submit material that is in violation of any International, State or Local regulation. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. EMERGE expressly forbids anyone from using EMERGE's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the EMERGE management.
    7.6
    EMERGE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and EMERGE expressly disclaims any and all liability in connection with User Submissions. EMERGE does not permit copyright infringing activities and infringement of intellectual property rights on its Website and on Ximplify User Websites, and EMERGE will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. EMERGE reserves the right to remove Content and User Submissions without prior notice.
    7.7
    You understand and agree that the Emerge may, but is not obligated to, review your website and your User Submissions and may delete or remove (without notice) any Site Content or User Submission in its sole discretion, for any reason or no reason, including User Submission that in the sole judgment of EMERGE violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Submission you post or store on your Ximplify User Website or provide to Emerge.
    7.8 A partial listing of prohibited User Submissions includes but is not limited to User Submissions that, in our sole judgement:
     
    • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • involves the transmission of "junk mail," "chain letters," "spam" or any other unsolicited mass mailing, emailing or other communication;
    • includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive or (3) is threatening, obscene, defamatory or libelous;
    • constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images or video or links to pirated music, image or video files or (4) Content which otherwise violates the terms of clause 7.4 above;
    • displays pornographic or sexually explicit material of any kind;
    • includes material that exploits people under the age of 18 in a sexual or violent manner or is intended to solicit personal information from anyone under 18;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
    • solicits passwords or personally-identifying information for commercial or unlawful purposes from other Ximlpify Users and the public;
    • is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • is in a manner that could damage, disable, overburden or Ximplify and its services;
     
    Please note that even though all the above User Submissions >is strictly prohibited, you may still become exposed to such items while using Ximplify. If so, neither Emerge nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any or caused by any party arising out of or related to any such exposure.
    7.9
    Internet Etiquette - Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of EMERGE may not be used to impersonate another person or misrepresent authorization to act on behalf of others or EMERGE. All messages transmitted via EMERGE should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. NO SPAMMING, PROVEN SPAM WILL RESULT IN IMMEDIATE TERMINATION OF SERVICE WITH NO REFUNDS.
    7.10
    Please note that even though all the above User Submissions >is strictly prohibited, you may still become exposed to such items while using Ximplify. If so, neither Emerge nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any or caused by any party arising out of or related to any such exposure.
    7.11 Web SMS Etiquette - You shall not intentionally use Ximplify Web SMS module:
     
    i for any unlawful purpose including and without limitation, any criminal purpose;
    ii to gain unauthorised access to any computer system, whether or not connected to the Internet, or any information regarded as private by other persons;
    iii to send or receive any SMS message, posting, data or material which is offensive on moral, religious or racial grounds or any threatening, harmful, unlawful, abusive, harassing defamatory, vulgar, obscene, profane, hateful, or otherwise objectionable material of any kind, including but not limited to, any material which encourages conduct that would constitute a criminal offence, civil liability or otherwise violate any local or international law;
    iv to carry out or assist or attempt to carry out mass mailing and any other activity which overloads any mailbox with huge SMS messages or numerous number of SMS messages to any recipient of SMS message (which is also known as "mailbombing");
    v to carry out or assist or attempt to carry out any activity that involves the sending of unsolicited SMS which the recipient did not specifically request for (which is also known as "spamming");
    vi to introduce, assist or attempt to introduce any computer virus or any other harmful component to EMERGE or any other person's system via the Service;
    vii to infringe or facilitate infringement of any intellectual property right of any person;
    viii for any purpose which is against public interest, public order or national harmony;
    ix in violation of any laws relating to unfair competition, anti-discrimination or false advertising; and
    x other than for the purpose of the service you shall not share, rent, lease, offer or in any manner whatsoever give access to the Service to any person without the prior written approval of EMERGE.
       
    8. Use of Ximplify User Submissions
    8.1 In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the websites created using Ximplify by the Ximplify Users (“Ximplify User Website”).
     
    8.1.1
    The content on the Ximplify User Website, including without limitation, the User Submissions and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to EMERGE, subject to copyright and other intellectual property rights under the law. Content on the Ximplify User Website and the User Submissions is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. EMERGE reserves all rights not expressly granted in and to Ximplify and Ximplify User Submissions.
    8.1.2 You may access User Submissions solely:
     
    • for your information and personal use;
    • as intended through the normal functionality of the Ximplify Service;
    • for viewing photos, blog posts, and other contents posted by the Ximplify users; and
    • for Streaming.
     
    "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Ximplify services to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing user Video and Music postings for any purpose or in any manner other than Streaming is expressly prohibited. Video and Music postings are made available "as is."
    8.1.3
    User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Ximplify services. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Ximplify service or otherwise as prohibited under this Agreement.
    8.1.4 You may access User Submissions and other contents on the Ximplify website only as permitted under this Agreement. EMERGE reserves all rights not expressly granted in and to the Ximplify User Submissions and Ximplify service.
    8.1.5 You agree to not engage in the use, copying, or distribution of any of the User Submissions other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
    8.1.6
    You agree not to circumvent, disable or otherwise interfere with security-related features of the Ximplify or features that prevent or restrict use or copying of any User Submission or enforce limitations on use of the Ximplify, Ximplify User Website or the User Submissions therein.
    8.1.7
    You understand that when using Ximplify and its associated services, you will be exposed to User Submissions from a variety of sources, and that EMERGE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EMERGE with respect thereto, and agree to indemnify and hold EMERGE, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
       
    9. Account Termination Policy
    9.1 EMERGE will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
    9.2
    EMERGE reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene, profane, materials protected by trade secrets, defamatory material, any materials in violation of any International, State or Local regulation, or excessive length. EMERGE expressly forbids anyone from using EMERGE's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. EMERGE may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of User at any time, without prior notice and at its sole discretion
    9.3 Ximplify is a paid service. You will need to prepaid for the service on a yearly basis. Failure to renew your Ximplify account on expiry will see a termination of your account.
       
     
    10. Copyright Infringement Notice & Counter-Notice
    10.1 If you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification with the following information in writing:
     
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
     
    Notifications of claimed infringement can be sent to us at: Administration Department, Emerge Systems (M) Sdn Bhd, A-5-1, Pusat Perdagangan Pelangi Square, Pelangi Damansara, PJU 6, Persiaran Surian, 47800 Petaling Jaya, Selangor, Malaysia, e-mail: abuse@emerge.com.my, fax: 603-7727-2270. Any other feedback, comments, requests for technical support, and other communications should be directed to EMERGE customer service through support@emerge.com.my. You acknowledge that if you fail to comply with all of the requirements of this Clause 8.1.4, your notice may not be valid.
    10.2
    Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to EMERGE:
     
    • Your physical or electronic signature;
    • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Selangor, Malaysia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
     
    If a counter-notice is received by EMERGE, EMERGE may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at EMERGE's sole discretion.
       
    11. Warranty Disclaimer
    YOU AGREE THAT YOUR USE OF THE XIMPLIFY SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EMERGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH XIMPLIFY SERVICES AND YOUR USE THEREOF. EMERGE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, ITS WEBSITE’S CONTENT, CONTENTS OF WEBSITES CREATED USING XIMPLIFY, OR THE CONTENT OF ANY SITES LINKED TO THESE SITES 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 AND SERVICES, (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 AND SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND SERVICES 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, E-MAILED, SMSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA XIMPLIFY SERVICES. EMERGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE XIMPLIFY WEBSITE, OR XIMPLIFY USER WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EMERGE 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.
     
    12. Limitation of Liability
    IN NO EVENT SHALL EMERGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, 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, APPLICATIONS AND SERVICES, (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 AND APPLICATIONS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE, APPLICATION AND SERVICES 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, E-MAILED, SMSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE XIMPLIFY SERVICES, 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 EMERGE 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.
    The Ximplify Services is controlled and offered by EMERGE from its facilities in Malaysia. EMERGE makes no representations that the Ximplify services is appropriate or available for use in other locations. Those who access or use the Ximplify services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
     
    13. Indemnity
    You agree to defend, indemnify and hold harmless EMERGE, its parent corporation, officers, directors, employees and agents, 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 Ximplify services and its corresponding websites; (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 Ximplify services.
     
    14. 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.
     
    15. Assignment
    These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EMERGE without restriction.
     
    16. General
    You agree that: (i) Ximplify and the services provided shall be deemed solely based in Malaysia; and (ii) the Ximplify, Ximplify Website and services shall be deemed a passive website that does not give rise to personal jurisdiction over EMERGE, either specific or general, in jurisdictions other than Malaysia. These Terms of Use shall be governed by the internal substantive laws of Malaysia, without respect to its conflict of laws principles. Any claim or dispute between you and EMERGE that arises in whole or in part from the Ximplify services shall be decided exclusively by a court of competent jurisdiction located in Selangor, Malaysia. These Terms of Use, together with the Privacy Notice at http://www.ximplify.com/policies/policies.asp and any other legal notices published by EMERGE on the Website, shall constitute the entire agreement between you and EMERGE concerning the Ximplify services and its related websites. 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 EMERGE's failure to assert any right or provision under these Terms of User shall not constitute a waiver of such right or provision. EMERGE 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 Ximplifys services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND EMERGE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE XIMPLIFY SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.