MyDirectory Conditions of Use

Created on: February 28, 2015

 

Welcome to MyDirectory. The following terms and conditions ("Conditions of Use") govern your use of the MyDirectory.my website (the "Site”), mobile applications and other products or services that we own or run from time to time, including any mobile sites that you might access from your mobile device. Please read this document carefully.

 

Use of MyDirectory.my

  • ICON MEDIA (CT0025334-X) (collectively as "we”, “our” or "us”) is the owner and operator of the Site.
  • Users of the Site, including Advertisers, Business Partners and Members (Users or you) agree to be bound by these terms and conditions and any other notices and guidelines which appear on the Site, which are subject to change at ICON MEDIA’s sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.
  • We grants you access to and use of the Site for personal, non-commercial purposes only. You may not duplicate, download, publish or distribute the material published by us on this Site (the "Content") for any commercial use, or in violation of these Conditions of Use, including to supply another service, or to obtain information which you either incorporate into your service or product or use to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use requires prior written approval from ICON MEDIA.
  • The use of data mining techniques, including web scraping, web crawling, bots or similar processes to gather or extract data from this Site is strictly prohibited without the prior consent of ICON MEDIA which consent may be withdrawn at any time, with or without notice, in ICON MEDIA's sole discretion.

 

Trademarks and Copyright

  • MyDirectory.my is compiled and made available by ICON MEDIA. This compilation is a copyright work. ©2015 ICON MEDIA. All rights reserved. The reproduction, copying, downloading, storage, recording, broadcasting, retransmission or distribution of any part of this Site is not permitted. Nothing set forth herein shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of ICON MEDIA or any third party.
  • The "MyDirectory" names and logos, "MyDirectory.my", and all other related products, service names, design marks and slogans are trade names, service marks, or registered trademarks of ICON MEDIA and may not be used in any manner without our prior written consent. All other trademarks and service marks that may appear on the Site are the property of their respective owners.
  • We do not take responsibility for monitoring the use by others of copyrights, trademarks, patents or other intellectual property of third parties published on the Site. We reserve the right (but shall have no obligation), at our sole discretion, to remove Content, suspend or terminate Site access, or take other appropriate action against users, advertisers or other third parties who infringe the copyright rights of others.
  • As a publisher of business listings and/ or advertisements, we are not in a position to arbitrate trademark disputes between advertisers and trademark owners. Advertisers are responsible for the content they choose to use. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertiser.

 

Information You Provide To Us

  • All information provided by you to us in connection with your use of the Site and that is not otherwise protected from disclosure in accordance with our Privacy Policy, will not be treated as confidential, and we assume no obligation to protect such information. You agree that we shall be free to use, disclose and distribute such information to third parties, without limitation.
  • For information about our policies and practices related to the collection, use and storage of information provide to us by our users, please review our Privacy Policy at http://mydirectory.my/privacy-and-cookie-policy/.

 

No Endorsements / Linked Sites / Content Disclaimer

  • The Content may contain information provided by third parties including, but not limited to, advertisers, content partners, software developers, publishers, marketing agents, users, resellers and others. In addition, the Site provides links to external websites owned and/or operated by third parties ("Third Party Sites").
  • References on our Site to products, services, trademarks, trade names, design marks, or processes of third parties and/or links to Third Party Sites do not constitute or imply endorsement, sponsorship or recommendation by us of such third party or its products or services. We assume no responsibility to screen or investigate, and we make no representation concerning the content that third parties submit for publication on the Site.
  • We are not responsible for the content, functionality, or technological safety of Third Party Sites to which you may link from this Site. If you decide to access any such Third Party Sites, you do so entirely at your own risk. If you are accessing a Third Party Site through a link on this Site, you are advised to read the conditions of use and privacy policy of such Third Party Site before you use such site.
  • We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Site. We also reserve the right to disable links to or from Third Party Sites to our Site, although we are no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use MyDirectory Marks as part of a co-branding relationship.
  • We do not guarantee the accuracy, quality, relevancy, decency, copyright compliance or legality of any Content published on the Site or materials contained in any Third-Party Sites.

 

Ratings, Reviews and Other User Provided Content

  • Users of the Site may submit, transmit and post, ratings, reviews, comments and other communications ("User Provided Content"). All User Provided Content will be deemed to be non-confidential and we assume no obligation to prevent disclosure of such information or the identities of users.
  • You agree, warrant and acknowledge that you will not post, submit, transmit or otherwise provide any content, information or material (including, without limitation, user ratings and reviews) that
    1. violates, infringes or misappropriates any intellectual property right (including, without limitation, copyright, trademark, trade secret, patent, and right of publicity), any right of privacy or publicity, or any other right of any person or entity,
    2. is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethnically or otherwise objectionable, or that violates any applicable law or regulation, or
    3. contains any computer viruses, worms or other potentially damaging computer programs or files. You are solely responsible for all information that you provide to MyDirectory.my and you assume all risks associated therewith. As such, you may expose yourself to liability for posting and providing illegal, defamatory, obscene, infringing or otherwise unlawful User Provided Content. You agree to indemnify us for all claims arising out of your User Provided Content.
  • You understand and acknowledge that we do not control the content of, and do not guarantee the quality of User Provided Content. By using this Site, you may be exposed to offensive, obscene or otherwise unlawful User Provided Content. We are not liable for any User Provided Content or any damages resulting from that content. Although we may or may not review User Provided Content, we reserve the right, but assume no obligation, in our sole discretion, to monitor, edit and delete any such content.
  • You grant ICON MEDIA and its affiliates the absolute, perpetual, irrevocable, transferable, royalty-free, worldwide, unrestricted, right, license and authority to
    1. use, store, reproduce, adapt, delete, publish, translate, publicly perform, display, distribute, sell, disclose, manipulate, modify and prepare derivative works based upon any User Provided Content that you submit or otherwise provide to us, in whole or in part, in such manner, format and media as we may see fit in its sole discretion and for such purposes as we may see fit in its sole discretion, without compensation to you, and
    2. grant to third parties (through multiple tiers) the right, sublicense and authority to exercise all or any portion of the rights granted to MyDirectory in this paragraph, subject to such terms and conditions as we may deem appropriate in its sole discretion, without compensation to you.
  • You represent and warrant that you have the right and authority to grant ICON MEDIA the rights, licenses and authorizations afforded by these Conditions of Use without the consent or authorization of any other person or entity, and that the exercise of any such rights, licenses, or authorizations by ICON MEDIA or its sub-licensees will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. By submitting or otherwise providing User Provided Content (including, without limitation, user reviews), you represent and warrant that
    1. you are the sole author and owner of the intellectual property rights thereto,
    2. all "moral rights" that you may have in such User Provided Content have been voluntarily waived by you,
    3. all such User Provided Content is accurate,
    4. you are at least 18 years old, and
    5. use of such User Provided Content will not cause injury to any person or entity.

 

Third Party Data

  • Portions of the information on the Site are proprietary to third-party affiliates and are protected under copyright law and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such third-party information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the computer used to access this information.

 

Security

  • You agree to comply with any security procedures (such as passwords) required by us with respect to access to or use of the Site. You agree that you will not disrupt the functioning of the Site or otherwise interfere with the use of the Site by others.

 

Consent to Monitoring

  • You agree that we have the right, but not the obligation, to monitor the information residing on or transmitted to the Site in order to protect the interests of itself and its users, and to comply with all applicable laws. We reserve the right, but assume no obligation, to modify or remove any information or other material residing on or transmitted to the Site.

 

Site Access

  • We reserve the right to terminate, suspend or restrict your access to the Site, in whole or in part, without notice, in the event you violate any of these Conditions of Use. In addition, you agree that, if asked to do so, you will not attempt to access the Site.

 

Passwords

  • In order to access certain services on the Site (such as posting ratings and reviews), you must register with us by providing certain information including, but not limited to, your name, password, a true and correct email address and mobile phone number. You understand and agree that you are solely responsible for maintaining the confidentiality of any passwords that you create in connection with your use of the Site, and you are solely responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

 

Web Browser Disclaimer

  • MyDirectory.my supports the majority of browser versions. If you experience problems while using our Site it may be due to the compatibility of your browser version. We recommend that you update your browser by clicking on one of the attached links.

 

Map Page Disclaimer

  • Maps and directions displayed on the Site are informational only. No representation is made or warranty given as to their content, road conditions or route usability or expeditiousness. User assumes all risk of use. Google, MyDirectory, and their suppliers assume no responsibility for any loss or delay resulting from such use.
  • For information regarding Google Web Service please see:

 

Limitation of Liability

  • We do not promise that the Site will be error-free, or that your use of the Site will be uninterrupted, or that it will provide specific results. The Site and the Content are delivered on an "as-is" and "as-available" basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. We disclaim all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose.
  • In no event will we be liable to you for any damages of any kind arising from your use of this Site, including, without limitation, direct, indirect, incidental, consequential exemplary, special or punitive damages, including lost profits, to the extent permitted by law.
  • We disclaim any and all liability for the acts, omissions, and conduct of any third-party users, advertisers, business partners, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. We are not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site.

 

Indemnification

  • You agree to indemnify us (and our employees, affiliates and agents) against, and hold us (and our employees, affiliates and agents) harmless from all liability, claims, demands, suits or causes of action, whether or not partially attributable to our negligence, and will pay all expenses, including reasonable attorney fees incurred by us in the defense thereof, made by any third party arising out of your breach of these Conditions of Use. These obligations will survive any termination of these Conditions of Use.

 

Governing Law; Consent to Jurisdiction

  • These Conditions of Use shall be governed by and construed in accordance with the laws and regulations of Malaysia. You consent to the exclusive personal jurisdiction of and venue in the courts of Malaysia for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of these Conditions of Use or to this Site.

 

Miscellaneous

  • These Conditions of Use and any and all documents specifically referenced herein constitute the entire agreement between you and ICON MEDIA with respect to the subject matter hereof. If any provision contained in these Conditions of Use is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these Conditions of Use and the remaining provisions shall continue in full force and effect.
  • If you have questions or concerns about this Conditions of Use, please send us an email : connect@MyDirectory.my

 

Changes

  • These Conditions of Use may be amended from time to time without notice. Changes to these Conditions of Use will be posted on the Site, and your continued use of the Site following such posting shall constitute your acceptance of the revised Conditions of Use.
  • This Terms of Use is created on 28 February 2015.