Terms
Of Use Agreement
If
you do not agree to the Terms of Use, please
discontinue using the site immediately!
By using this
site, you signify your Assent and Agreement to
these Terms of Use. If you do not agree to these
Terms of Use, please do not use the site.
Please check
this Agreement periodically for changes as Simon
Heong in association with
InstantDatingSuccess.com reserves the right to
revise this Agreement and your continued use of
this site following the posting of any changes
to the Agreement constitutes acceptance of such
changes. Simon Heong in association with
InstantDatingSuccess.com reserves the right to
terminate a User's use of this site at any time
without notice and may do so for any breach of
this Agreement or the instructions on this site
by User. This Agreement applies to licensors and
advertisers as well.
Restrictions
on Use of Materials
Except as may
be explicitly permitted through this site, you
agree not to save, download, cut and paste,
sell, license, rent, lease, modify, distribute,
copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit, or
create derivative works from materials, code or
content on or from this site. Systematic
retrieval of data or other content from this
site to create or compile, directly or
indirectly, a collection, compilation, database
or directory without written permission from
Simon Heong in association with
InstantDatingSuccess.com is prohibited. In
addition, use of the content or materials for
any purpose not expressly permitted in this
Agreement is prohibited.
Database
Ownership, License, and Use
Except with
regard to personal information, all information
which you post on this site or communicate to
Simon Heong in association with
InstantDatingSuccess.com through this site
(collectively "Submissions") shall
forever be the property of Simon Heong in
association with InstantDatingSuccess.com.
Simon Heong in association with
InstantDatingSuccess.com shall not treat any
submission as confidential and shall not incur
any liability as a result of any similarities
that may appear in future Company services or
products. Without limitation, Simon Heong in
association with InstantDatingSuccess.com
shall have exclusive ownership of all present
and future existing rights to any Submission of
every kind and nature everywhere. You
acknowledge that you are fully responsible for
the message, including its legality,
reliability, appropriateness, originality and
copyright. You hereby represent and warrant that
your Submission does not infringe the rights of
any third party.
Trademarks
Simon Heong in
association with InstantDatingSuccess.com's,
licensors' or other third party materials,
services or products referenced on this site are
common law or registered trade marks or service
marks of such parties.
Third
party sites
You may be
transferred to online merchants or other third
party sites through links or frames from this
site. You are cautioned to read such sites'
Terms and Conditions and/or Privacy Policies
before using such sites in order to be aware of
the terms and conditions of your use of such
sites. These sites may contain information or
material that is illegal, unreasonable or that
some people may find inappropriate or offensive.
These other sites are not under the control of
Simon Heong in association with
InstantDatingSuccess.com, are not monitored or
reviewed by Simon Heong in association with
InstantDatingSuccess.com, and Simon Heong in
association with InstantDatingSuccess.com
is not aware of the contents of such sites. You
acknowledge that Simon Heong in association with
InstantDatingSuccess.com is not responsible for
the accuracy, copyright compliance, legality,
decency, or any other aspect of the contents or
any transmissions received through such sites.
The inclusion of such a link or frame does not
imply endorsement of this site by Simon Heong in
association with InstantDatingSuccess.com,
its advertisers or licensors, any association
with its operators and is provided solely for
your convenience. You agree that Simon Heong in
association with InstantDatingSuccess.com
and its licensors have no liability whatsoever
from such third party sites and your usage of
them.
Disclaimer
of warranties
Simon Heong in
association with InstantDatingSuccess.com,
its advertisers and licensors make no
representations or warranties about this site,
the suitability of the information contained on
or received through use of this site, or any
services or products received through this site.
All information and use of this site are
provided "as is" without warranty of
any kind. Simon Heong in association with
InstantDatingSuccess.com, advertisers and/or its
licensors hereby disclaim all warranties with
regard to this site, the information contained
on or received through use of this site and any
services or products received through this site,
including all express, statutory, and implied
warranties of merchantability, fitness for a
particular purpose, title and non-infringement.
Simon Heong in association with
InstantDatingSuccess.com, advertisers and/or its
licensors do not warrant that the contents or
any information receive through this site are
accurate, reliable or correct; that this site
will be available at any particular time or
location; that any defects or errors will be
corrected; or that the contents or any
information received through this site is free
of viruses or other harmful components. Your use
of this site is solely at your risk. User agrees
that it has relied on no warranties,
representations or statements other than in this
agreement. Because some jurisdictions do not
permit the exclusion of certain warranties,
these exclusions may not apply to you but shall
apply to the maximum extent permitted by law of
your jurisdiction.
Limitation
of liability
Under no
circumstances shall Simon Heong in association
with InstantDatingSuccess.com, advertisers
and/or its licensors be liable for any direct,
indirect, punitive, incidental, special, or
consequential damages that result from, or arise
out of the use of, or inability to use, this
site, the information contained on or received
through use of this site, or any services or
products received through this site. This
limitation applies whether the alleged liability
is based on contract, tort, negligence, strict
liability, or any other basis, even if Simon
Heong in association with
InstantDatingSuccess.com, advertisers and/or its
licensors have been advised of the possibility
of such damage. Because some jurisdictions do
not allow the exclusion or limitation of
incidental or consequential damages, Simon Heong
in association with InstantDatingSuccess.com,
advertisers and/or its respective licensors'
liability in such jurisdictions shall be limited
to the maximum extent permitted by law of your
jurisdiction.
Indemnification
You agree to
defend, indemnify, and hold harmless Simon Heong
in association with InstantDatingSuccess.com,
its advertisers, licensors, subsidiaries and
other affiliated companies, and their employees,
contractors, officers, agents and directors from
all liabilities, claims, and expenses, including
attorney's fees, that arise from your use of
this site, or any services, information or
products from this site, or any violation of
this Agreement. Simon Heong in association with
InstantDatingSuccess.com reserves the right; at
it own expense, to assume the exclusive defense
and control of any matter otherwise subject to
indemnification by you, in which event you shall
cooperate with Simon Heong in association with
InstantDatingSuccess.com in asserting any
available defenses.
Legal
compliance
Simon Heong in
association with InstantDatingSuccess.com
may suspend or terminate this Agreement or
User's use immediately upon receipt of any
notice which alleges that User has used this
site for any purpose that violates any local,
state, federal or law of other nations,
including but not limited to the posting of
information that may violate third party rights,
that may defame a third party, that may be
obscene or pornographic, that may harass or
assault others, that may violate hacking or
other criminal regulations, etc. Of its agents,
officers, directors, contractors or employees.
In such event, Simon Heong in association with
InstantDatingSuccess.com may disclose the User's
identity and contact information, if requested
by a government or law enforcement body or as a
result of a subpoena or other legal action, and
Simon Heong in association with
InstantDatingSuccess.com shall not be liable for
damages or results thereof and User agrees not
to bring any action or claim against Simon Heong
in association with InstantDatingSuccess.com
for such disclosure.
Choice
of law and forum
This site
(excluding third party linked sites) is
controlled by Simon Heong in association with
InstantDatingSuccess.com from its offices within
Kuala Lumpur, Malaysia. It can be accessed from
other countries around the world to the extent
permitted by site. As each of these places has
laws that may differ from Kuala Lumpur, by
accessing this site, both you and Simon Heong in
association with InstantDatingSuccess.com
agree that the statues and laws of Kuala Lumpur
shall apply to any actions or claims arising out
of or in relation to this Agreement or your use
of this site, without regard to conflicts of
laws principles thereof. You and Simon Heong in
association with InstantDatingSuccess.com
also agree and hereby submit to the filing of
any claim only in the exclusive personal
jurisdiction and venue of Kuala Lumpur and any
legal proceedings shall be conducted in English.
Simon Heong in association with
InstantDatingSuccess.com makes no representation
that materials on this site are appropriate or
available for use in other locations, and
accessing them from territories where their
contents are illegal is prohibited. This
Agreement shall not be governed by the United
Nations Convention on Contracts for the Sale of
Goods.
Miscellaneous
These Terms of
Use will apply to every access to Simon Heong in
association with InstantDatingSuccess.com.
Simon Heong in association with
InstantDatingSuccess.com reserves the right to
issue revisions to these Terms of Use by
publishing a revised version of this document on
this site: that version will then apply to all
use by you following the date of publication.
Each access of information from Simon Heong in
association with InstantDatingSuccess.com
will be a separate, discrete transaction based
on the then prevailing terms. These Terms of Use
shall be governed by, construed and enforced in
accordance with the laws of Kuala Lumpur, as it
is applied to agreements entered into and to be
performed entirely within such jurisdiction.
To the extent
you have in any manner violated or threatened to
violate Simon Heong in association with
InstantDatingSuccess.com and/or its affiliates'
intellectual property rights, Simon Heong in
association with InstantDatingSuccess.com
and/or its affiliates may seek injunctive or
other appropriate relief in any state or federal
court in Kuala Lumpur, and you consent to
exclusive jurisdiction and venue in such courts.
Any other
disputes will be resolved as follows:
If a dispute
arises under this agreement, we agree to first
try to resolve it with the help of a mutually
agreed-upon mediator in the following location:
Kuala Lumpur, Malaysia. Any costs and fees other
than attorney fees associated with the mediation
will be shared equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we
agree to submit the dispute to binding
arbitration at the following location: Kuala
Lumpur, Malaysia, under the rules of the
Malaysian Arbitration Association. Judgment upon
the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
If any provision of this agreement is void or
unenforceable in whole or in part, the remaining
provisions of this Agreement shall not be
affected thereby.
Copyright
© 2004 - 2007, InstantDatingSuccess.com.
All
Rights Reserved.
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