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1. ACCEPTANCE OF TERMS
Pick and Post Community Services provides its services to you, subject to the following Terms of Service, which may be periodically updated by us without notice to you. When using particular services on this site, you will be subject to any applicable guidelines or rules, which may be posted at that time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
2. DESCRIPTION OF SERVICE
Pick and Post Community Services provides users a community based online classified directory. Unless explicitly stated otherwise, any new features that augment or enhance the current services shall be subject to the Terms of Service. In order to use the services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connections to the World Wide Web, including a computer and modem or other access device.
3. YOUR OBLIGATIONS IN PROVIDING INFORMATION
In your use of the services, you agree to provide true, accurate, current and complete information about yourself as prompted.
If you provide any information that is untrue, inaccurate, not current or incomplete, and/or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pick and Post Community Services has the right to delete and remove the posting.
4. PRIVACY POLICY
All personal information is subject to our Privacy Policy. For more information, please see our full privacy policy.
5. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, as the user, are entirely responsible for all content that you upload, post or otherwise transmit via the services. Pick and Post Community Services will provide minimal proofreading of all postings in an effort to remove any profane or offensive content, however, we do not otherwise control the content posted via the services. As such, we do not guarantee the accuracy, integrity or quality of such content.
You agree to not use the services to:
a.
Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
b.
Harm minors in any way
c.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
d.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted
e.
Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
f.
Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
g.
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose
h.
Upload, post, email or otherwise transmit any material that 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;
i.
Interfere with or disrupt any services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services
j.
Intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange without limitation and any regulations having the force of law
k.
"Stalk" or otherwise harass another;
l.
Collect or store personal data about other users
m.
Promote or provide instructional information about illegal activities, or promote physical harm or injury against any group or individual
n.
Use any service (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond Pick and Post Community Services.com.my
o.
Engage in commercial activities without enrolling in Pick and Post Community Services affiliate programs: Special Sales In Town, Vacancies, and/or Commercial Services. This includes, but is not limited to, the following activities:
p.
Conducting raffles or contests that require any type of entry fee;
q.
Displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services; and
r.
Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Malaysia or the country in which you reside.
7. CONTENT SUBMITTED TO PICK AND POST COMMUNITY SERVICES
Pick and Post Community Services claims ownership of the content that you place or upload to any of our services. By submitting content to Pick and Post Community Services, you grant Pick and Post Community Services the worldwide, royalty-free, and non-exclusive license to reproduce, modify (if necessary), and publish the content solely for the purpose of displaying and promoting Pick and Post Community Services, without compensation. This license exists only for as long as you continue to use Pick and Post Community Services services and shall be terminated at the same time that you cease to utilize these services. Any information contained that you submit may be used by Pick and Post Community Services for any purpose whatsoever and as deemed appropriate by us.
Except for an initial screening for profanity and abusive language, you acknowledge that Pick and Post Community Services does not pre-screen content, but that Pick and Post Community Services shall have the right (but not the obligation) in their sole discretion to refuse or edit any content submitted. Without limiting the foregoing, Pick and Post Community Services shall have the right to remove any content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and assume all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
8. INDEMNITY
You agree to indemnify and hold Pick and Post Community Services, its officers, agents, or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the service, your use of the services, your connection to the service, your violation of the Terms of Service, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, sell, resell or exploit for any commercial purposes, any portion of the services, use of the services, or access to the services.
10. PRACTICES REGARDING USE AND STORAGE
You acknowledge that Pick and Post Community Services may establish general practices and limits concerning use of the services.
Pick and Post Community Services reserves the right at any time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without prior notice. You agree that Pick and Post Community Services shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services.
11. TERMINATION
You agree that Pick and Post Community Services, in its sole discretion, may terminate your use of the services (or any part thereof), and remove and discard any content within the services, if for any reason we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Pick and Post Community Services may also in its sole discretion and at any time discontinue providing the services, or any part thereof, with or without notice. You agree that Pick and Post Community Services shall not be liable to you or any third party for any termination of your access to the services.
12. INTERACTIONS WITH ADVERTISERS
Your correspondence or interaction with, or participation in promotions of, advertisers found on or through the services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser(s). You agree that Pick and Post Community Services shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
13. LINKS
The service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Pick and Post Community Services has no control over such sites and resources, you acknowledge and agree that Pick and Post Community Services is not responsible for the availability of such external sites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Pick and Post Community Services shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such site or resource.
14. PICK AND POST COMMUNITY SERVICES'S PROPRIETARY RIGHTS
You acknowledge and agree that the services and any necessary software used in connection with the services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the services or advertisers is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Except as expressly authorized by Pick and Post Community Services or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the services or the software, in whole or in part.
Pick and Post Community Services grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, reverse engineer, sell, assign, sublicense, or transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software. You agree not to access the service by any means other than through the interface that is provided by Pick and Post Community Services for use in accessing the services.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a)
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PICK AND POST COMMUNITY SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b)
WHILE PICK AND POST COMMUNITY SERVICES WILL STRIVE TO PROVIDE SUPERIOR AND COMPLETE SERVICE, WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c)
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d)
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PICK AND POST COMMUNITY SERVICES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PICK AND POST COMMUNITY SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM:(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18. NOTICES
Notices to you may be made via either email or regular mail. We may also provide notices of changes to the Terms of Service or other matters by displaying general notices or links to notices on the service.
19. COPYRIGHTS
Pick and Post Community Services respects the intellectual property rights of others and we ask our users to do the same.
20. APPLICABLE LAW
We control the Site from our offices within Malaysia. We make no representation that the content in the site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of Malaysian laws and regulations.
21. MINORS
Pick and Post Community Services requests that children under the age of 18 do not submit or post any information to the site without parent or guardian's consent. We will not, however, knowingly collect from a child any information online that can be traced to the child, such as an email address or name.
22. GENERAL INFORMATION
The Terms of Service constitute the entire agreement between you and Pick and Post Community Services and govern your use of the services, superceding any prior agreements between you and Pick and Post Community Services (including, but not limited to, any prior versions of the Terms of Service). You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Service and the relationship between you and Pick and Post Community Services shall be governed by the laws of the Malaysia without regard to its conflict of law provisions. You and Pick and Post Community Services agree to submit to the personal and exclusive jurisdiction of the courts located within Malaysia. The failure of Pick and Post Community Services to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or the Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
23. VIOLATIONS
We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Service, including the right to block access from a particular Internet address to the site.
Please report any violations of the Terms of Service to our support staff (general@pickandpost.com.my)
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