Acceptance
Your using and visiting the Gundu.com.my domain name (the Gundu Website) shall be deemed to be your acceptance of the followings:-
a. The Terms and Conditions as may from time to time be updated
b. Gundu’s Privacy Policy found at http://www.gundu.com.my/content/policy
(hereinafter collectively referred to as the Conditions)
In the event that you do not accept any of the above kindly do not use nor visit the Gundu Website.
You as user are required to periodically review the abovementioned Conditions. Gundu (which term refers to the parent company, Officers, Directors, Employers or Agents of Gundu.com.my) reserves the right to modify and update the said Conditions at any time and such modification shall be binding and applicable to you upon such updating.
About Gundu
The Conditions shall apply to all users of Gundu.
Gundu Website shall include all aspects of Gundu, including but not limited to all products, software, services, channels and applications.
Gundu shall not be responsible for any links contained in the website and which we have no control over in relation to the content, privacy policies or practices of any third party websites. Any act of using such link and/or third party website shall be deemed as an express exemption of Gundu from any liability arising therefrom and users are required and shall be deemed to have read the terms and conditions and privacy policy of the third party website that you visit.
Accounts
Users are allowed to visit and watch video on Gundu Website but in order to access some features of Gundu Website, you will have to create an account.
You are not allowed to use another person’s account without permission.
You are required to provide accurate and complete information as may be requested pursuant to the Conditions hereinbefore referred to.
You are to keep your password secret as you will be held solely responsible for the activity that occurs on your account.
You are to notify Gundu immediately upon any breach of security or unauthorised use of your account.
As account holders, you are allowed to submit Video as well as text content. (hereinafter referred to as “ user submissions”)
Use of Gundu Website
Subject upon you agreeing to the Conditions hereinbefore stipulated Gundu hereby grants you permission to access and use the Website subject upon the followings:-
1. You agree to to comply with the Conditions hereinbefore stipulated and all other applicable local, national and international laws, bye-laws and regulations.
2. You agree not to reproduce or distribute in any medium any part of the Gundu Website without Gundu’s prior written approval.
3. You agree not to in anyway modify the Gundu Website and or its features and applications.
4. You agree that you will access the Gundu Website through authorized means and technology that Gundu may designate.
5. You shall not use the Website for any commercial usage without our written approval first had and obtained and for the purpose of this provision ; uploading an original video to promote your business or artistic enterprise shall not be concluded as prohibited commercial usage.
6. If you use the Gundu content on your website you must include a prominent link back to Gundu Website and you shall not modify, build upon or alter any portion of any contents in any way.
7. You agree to receive any further update and that Gundu shall have the right to down load and install updates from time to time using any technology and any possible format.
8. You agree not to use or operate or launch any system which may compromise or harm the operation of the Gundu Website in any way, including but not limited to "robots," "spiders," or "offline readers,"
9. You agree that Gundu is entitled to grant 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. Gundu reserves the right to revoke these exceptions either generally or in specific cases.
10. You agree not to collect and/or use any personal information from the Gundu Website, nor to use the any content provided by the Gundu Website for any commercial purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
11. You agree that Gundu reserves the right to discontinue any aspect of the Gundu Website at any time.
12. You acknowledge and agree that all content of the Gundu Website save and except for the Video/data are protected under the intellectual proprietary rights. Such content is provided to users on an “as is” basis and shall not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or otherwise be dealt with for any other purposes whatsoever without the prior written consent of the owners thereto.
13. You agree that user submitted Video/data may be accessed by you for your information and personal streaming only.
14. You agree that you will use the contents and user submitted Video/data for personal use only and that further you will not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such submitted contents for any purposes whatsoever without the prior written consent of the owners thereto.
15. You agree not to compromise, circumvent, disable, prejudice or otherwise interfere with any features and/or applications of the Gundu Website.
16. You acknowledge and agree that Gundu that by using Gundu Website, you will be exposed to variety submissions which may be inaccurate, offensive, indecent, objectionable. You hereby agree that you will hold Gundu free from any liability and that you shall further indemnify Gundu pursuant to the provisions hereinafter stipulated for any claims arising from such circumstances.
17. You agree that Gundu shall not be responsible for user submissions accuracy, usefulness, safety or intellectual proprietary rights and that you shall further indemnify Gundu and hold Gundu harmless against any claim which may arise therefrom.
18. You agree that Gundu does not guarantee any confidentiality in respect of user submissions.
19. You agree that you shall be solely responsible for your own user submissions and the consequences of submitting them.
20. You agree that by submitting such user submissions you warrant and/or represent that you own or have the necessary licenses, rights, consents and permissions to use and authorize Gundu to use the intellectual proprietary rights to such user submissions and use the said submission in the manner contemplated hereunder.
21. Your act of submitting the Video and text content for all intention and purposes shall be construed as :-
(a) granting Gundu an irrevocable license to use, reproduce, distribute, display and perform the user submissions in any way Gundu deems fit.
(b) Granting each user of the Gundu Website, license to access your user submissions and to use, reproduce, distribute, display and perform such user submissions.
(c) You agree that Gundu reserves the right to not display, distribute or perform user submissions and yet may retain removed or deleted user submissions.
22. You further agree that you will not submit materials tat is protected under intellectual proprietary rights, trade secrets or materials in breach of privacy/publicity rights unless you are the owner or duly licensed or permitted to post the material and having the authority to grant Gundu the license hereinbefore mentioned.
23. You further agree that you will only submit materials that complies with Gundu’s guidelines as may be issued from time to time and that Gundu reserves the right to remove any user submissions that has been submitted in breach of such guidelines.
Breach of Intellectual Proprietary Rights
1. Gundu does not condone any breach of intellectual proprietary rights and any user submissions displayed shall not be construed as an endorsement by Gundu. Gundu disclaims any liability arising from user submissions.
2. Gundu reserves the right to remove user submissions that infringes on intellectual proprietary rights, pornographic and defamatory materials as well as submission of excessive length and prejudicial to Gundu without prior notice.
Termination of account
1. Gundu reserves the right to terminate any users access to Gundu’s Website for infringement of the Conditions.
Disclaimer and limitation of liability
Gundu disclaims all liability in relation to any of the followings in relation to your use of Gundu Website:-
a. Inaccuracy of content and losses or damage arising from usage of any contents made available through Gundu’s Website.
b. Personal Injury or damage to property arising from usage of Gundu Website
c. Unauthorised access to personal information stored by us
d. Any interruption of services and applications as may be provided by us
e. Any bugs, viruses, Trojan horses or the like which may be transmitted through Gundu’s Website or other new harmful technology which may affect your computer and/or any other equipments.
Gundu will not be a party to any transaction between you and any third party whom may advertise in our Website or may have a hyperlink in our website or even being featured in our website. You should exercise due care and diligence in dealing with such third party as we do not warrant, guarantee nor assume responsibility for such endorsement by such third party.
You hereby specifically acknowledge and agree that Gundu shall not be held responsible and liable to you for any kind of damage arising from item a, b, c, d, e above and also for user submission that are defamatory, offensive and illegal in nature.
Indemnity
You shall indemnify and hold Gundu harmless against any claims for damages arising from :-
a. your use of Gundu Website
b. your breach of the Conditions
c. your breach of any third party right and damage that you may cause to a third party from your use of the Gundu Website including but not limited to intellectual proprietary rights, privacy right and defamation actions.
User Warranty
You hereby warrant that you are a person of full age and/or a person who possesses legal authority and/or consent and are fully able and competent to accept the Conditions herein mentioned and stipulated and that you also agree to abide and comply with such Conditions.
Assignment
Any right licenses and obligations arising hereunder may not be assigned by you to any other party without any written consent obtained from Gundu. Gundu however reserves the right to assign its rights, licenses and obligations without restriction.
Jurisdiction
You further agree that the governing law in relation to any dispute that you may have with Gundu shall be the laws of Malaysia and that Malaysian courts shall have exclusive jurisdiction over disputes arising from the use of Gundu Website notwithstanding either in whole or in part.
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