Terms Of Use
Term Of Use1. USER ACCEPTANCE 1.2 ManggaTV, in its sole discretion, modifies, change or revise these Terms of Condition at any time and you agree to be bound by such modification, changes and modification. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Although we may attempt to notify when major changes are made to these Terms of Use, you should periodically review the latest version at xxxxxxx. 1.3 ManggaTV ("Our", "we", and/or "us"), welcomes you to this Site. We hope you will informed and entertained by our Site. 2. MANGGATV WEBSITE 2.2. The ManggaTV Site may contains links to third party websites which are not owned or controlled by ManggaTV. MangaTV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ManggaTV will not and cannot censor or edit the content of any third-party website. By using the website, you expressly relieve ManggaTV from any and all liability arising from your use of any third-party website. 2.3. Accordingly, we encourage you to be aware when you leave the ManggaTV.Com site and to read the terms and conditions and privacy policy of each other website that you visit. 3. ACCESS TO MANGGATV.COM 3.2 In order to access certain features of this Site, you will have to create an account with ManggaTV. When creating an account, you must provide complete and accurate information. You may never use another's account without appropriate permission. You are solely responsible for any and all use of your account and the security of your password. You must notify us immediately in the event of any breach of security or unauthorized use of your account. 3.3 We disclaim any and all responsibility and liability in connection with any unauthorized use of your account; however, you may be liable for any losses suffered by us or others as a result of such unauthorized use. 4. GENERAL USE OF CONTENT AND RESTRICTION 4.2. You agree not to alter or modify any part of the Website, including but not limited to ManggaTV embeded Player or any of its related technologies. 4.3 You agree not to access User Submissions (defined below) or ManggaTV Content through any technology or means other than the video playback pages of the site itself, the ManggaTV embeded Player, or other explicitly authorised means ManggaTV may designate. 4.4 You agree not to use the site, including the ManggaTV embeded Player for any commercial use, without the prior written authorisation of ManggaTV. Prohibited commercial uses include any of the following actions taken without ManggaTV's express approval:
4.5. Prohibited commercial uses do not include:
4.6. If you use the ManggaTV embeded Player on your website, you must include a prominent link back to the ManggaTV website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way. 4.7. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the site in a manner that sends more request messages to the ManggaTV 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, ManggaTV 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. ManggaTV 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 site, nor to use the communication systems provided by the site (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. 4.8. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use, and all applicable local, national, and international laws and regulations. 4.9. ManggaTV reserves the right to discontinue any aspect of the ManggaTV Website at any time. 5. YOUR USE OF CONTENT ON THE SITE In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the ManggaTV Website. 5.1. The content on the ManggaTV Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ManggaTV, subject to copyright and other intellectual property rights under the law. 5.2 Content on the site 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. ManggaTV reserves all rights not expressly granted in and to the Site and the Content. 5.3. You may access User Submissions solely:
5.3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the ManggaTV Service. 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 ManggaTV Service or otherwise as prohibited under this Agreement. 5.4. You may access ManggaTV, User Submissions and other content only as permitted under this Agreement. ManggaTV reserves all rights not expressly granted in and to the ManggaTV Content and the ManggaTV Service. 5.5. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes 5.6. You agree not to circumvent, disable or otherwise interfere with security-related features of the ManggaTV.com or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ManggaTV.com or the Content therein. 5.7 You understand that when using the ManggaTV.com, you will be exposed to User Submissions from a variety of sources, and that ManggaTV 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 ManggaTV with respect thereto, and agree to indemnify and hold ManggaTV, 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. 6. YOUR USER SUBMISSIONS AND CONDUCT 6.2 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 ManggaTV 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. 6.3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to ManggaTV, you hereby grant ManggaTV 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 ManggaTV and ManggaTV's (and its successors'and affiliates') business, including without limitation for promoting and redistributing part or all of the ManggaTV Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ManggaTV.com a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the ManggaTV Service. You understand and agree, however, that ManggaTV 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. 6.4. 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 ManggaTV all of the license rights granted herein. 6.5 ManggaTV does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ManggaTV expressly disclaims any and all liability in connection with User Submissions. ManggaTV does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and ManggaTV will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ManggaTV reserves the right to remove Content and User Submissions without prior notice. 7. ACCOUNT TERMINATION POLICY 7.2. ManggaTV 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 or defamatory material, or excessive length. ManggaTV may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. 8. WARRANTY DISCLAIMER 9. LIMITATION OF LIABILITY YOU SPECIFICALLY ACKNOWLEDGE THAT MANGGATV 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 Website is controlled and offered by ManggaTV from its facilities in Malaysia. ManggaTV makes no representations that the ManggaTV Website is appropriate or available for use in other locations. Those who access or use the ManggaTV Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. 10. INDEMNITY 11. ABILITY TO ACCEPT TERMS OF USE 12. ASSIGNMENT 13. GENERAL These Terms of Use, together with the Privacy Notice at xxxxxxxxxxxxxxxx and any other legal notices published by ManggaTV on the Website, shall constitute the entire agreement between you and ManggaTV concerning the ManggaTV 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 ManggaTV's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. ManggaTV 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 ManggaTV Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND MANGGATV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MANGAGTV WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Last Updated: These Terms of Use were last updated in April, 2008. |