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Classifieds88.com
(Classifieds88) welcomes you.
Classifieds88
provides its service to you, subject to the following Terms of Use
("TOU"), which may be updated by us from time to time without notice to you. You
can review the most current version of the TOU at any time at:
http://classifieds88.com/TermsOfUse.aspx
In addition, when using particular Classifieds88
owned or operated services, you and Classifieds88
shall be subject to any posted guidelines or rules applicable to such services which
may be posted from time to time. All such guidelines or rules are hereby incorporated
by reference into the TOU. By visiting or
using any of the Classifieds88 or any
page of the
Classifieds88, except this page and home pages of the
Classifieds88, you
are agreeing to be bound by these TOU and that such agreement constitutes a binding
contract between you and Classifieds88.
Furthermore, by using any of the Classifieds88,
you acknowledge that Classifieds88 does not aid and assist borrowers in obtaining,
solicit borrowers or lenders for, negotiate or make loans secured by liens on real
property.
2. DESCRIPTION
OF SERVICE
Classifieds88 provides users with access to a rich collection of
resources through its network of properties which may be accessed through any various
medium or device now known or hereafter developed (the "Service"). You also understand
and agree that the Service may include advertisements and that these advertisements
are necessary for Classifieds88 to provide the Service. You will not be
able to opt out of receiving them. You understand and agree that the Service is
provided "AS-IS" and that Classifieds88 assumes no responsibility for the timeliness,
deletion, mis-delivery or personalization settings. You are responsible for obtaining
access to the Service and that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to access the Service.
These are calculation
tools, not an offer to lend.
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Loan Calculators
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Stamping Fee
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Legal Fee
Please note
that the links above may not directly access each and every Specific Term that governs
the use of each and every web site and/or web page within the
Classifieds88.
Therefore, upon accessing any web site or web page within the
Classifieds88,
please review any and all relevant terms and conditions that may be displayed on
or linked from such web site or web page. In the event that (i) a Specific Term
contained on such web sites and/or web pages or (ii) any other term or guideline
contained within the Classifieds88 conflicts with this Agreement, this Agreement
shall prevail.
3. YOUR REGISTRATION
OBLIGATIONS
In consideration
of your use of the Service, you represent that you are of legal age to form a binding
contract and are not a person barred from receiving services under the laws of the
Malaysia
or other applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or incomplete,
or Classifieds88 has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
Classifieds88
has the right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof).
4. MEMBER ACCOUNT,
PASSWORD AND SECURITY
You will receive
a password and account designation upon completing the Referer's registration process.
You are responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify Classifieds88
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session.
Classifieds88
cannot and will not be liable for any loss or damage arising from your failure to
comply with this Section 4.
6. MEMBER CONDUCT
You understand
that all information, data, text, software, music, sound, photographs, graphics,
video, messages or other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Content originated.
This means that you, and not Classifieds88,
are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service.
Classifieds88
does not control the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Classifieds88
be liable in any way for any Content, including, but not limited to, for any errors
or omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to
not use the Service to:
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upload, post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
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harm minors in any way;
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impersonate any person or entity, including, but not limited to, a
Classifieds88
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
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forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
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upload, post, email, transmit or otherwise make available any Content that you do
not have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
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upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
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upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials or any other form of solicitation;
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upload, post, email, transmit or otherwise make available 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;
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disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other
users of the Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
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interfere with or disrupt the Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or regulations of networks connected
to the Service;
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"stalk" or otherwise harass another; and/or
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collect or store personal data about other users in connection with the prohibited
conduct and activities set forth in paragraphs a through and above.
You acknowledge
that Classifieds88 may or may not pre-screen Content, but
that Classifieds88 and its designees shall have the right
(but not the obligation) in their sole discretion to pre-screen, refuse, or move
any Content that is available via the Service. Without limiting the foregoing, Classifieds88 and its designees shall have the right
to remove any Content that violates the TOU or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created by
Classifieds88 or submitted to
Classifieds88,
including without limitation information in all other parts of the Service.
You acknowledge,
consent and agree that Classifieds88 may access, preserve, and disclose your
account information and Content if required to do so by law or in a good faith belief
that such access preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOU; (c) respond to claims that any Content
violates the rights of third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety of
Classifieds88,
its users and the public.
You understand
that the technical processing and transmission of the Service, including your Content,
may involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
You understand
that the Service and software embodied within the Service may include security components
that permit digital materials to be protected, and use of these materials is subject
to usage rules set by Classifieds88 and/or content providers who provide content
to the Service. You may not attempt to override or circumvent any of the usage rules
embedded into the Service. Any unauthorized reproduction, publication, further distribution
or public exhibition of the materials provided on the Service, in whole or in part,
is strictly prohibited.
7. 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 the
Malaysia
or the country in which you reside.
8. CONTENT
SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Classifieds88
does not claim ownership of Content you submit or make available for inclusion on
the Service. However, with respect to Content you submit or make available for inclusion
on publicly accessible areas of the Service, you grant
Classifieds88
the following world-wide, royalty free and non-exclusive license(s), as applicable:
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With respect to Content you submit or make available for inclusion on publicly accessible
areas of Classifieds88, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the Service
solely for the purposes of providing and promoting the specific
Classifieds88
to which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or
Classifieds88
removes such Content from the Service.
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With respect to photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible area of the Service other than
Classifieds88,
the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purpose for which such Content
was submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate at the time
you remove or Classifieds88 removes such Content from the Service.
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With respect to Content other than photos, graphics, audio or video you submit or
make available for inclusion on publicly accessible areas of the Service other than
Classifieds88, the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish, translate, publicly
perform and publicly display such Content (in whole or in part) and to incorporate
such Content into other works in any format or medium now known or later developed.
"Publicly accessible"
areas of the Service are those areas of the
Classifieds88
network of properties that are intended by Classifieds88
to be available to the general public. However, publicly accessible areas of the
Service would not include portions of Classifieds88
that are limited to members.
9. INDEMNITY
You agree to
indemnify and hold Classifieds88, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service, your violation
of the TOU, or your violation of any rights of another.
10. NO RESALE
OF SERVICE
You agree not
to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial
purposes, any portion of the Service (including your
Classifieds88
Referer Code), use of the Service, or access to the Service.
11. GENERAL
PRACTICES REGARDING USE AND STORAGE
You acknowledge
that Classifieds88 may establish general practices and limits
concerning use of the Service, including without limitation the maximum number of
days that other uploaded Content will be retained by the Service, the maximum number
of times (and the maximum duration for which) you may access the Service in a given
period of time. You agree that Classifieds88
has no responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the Service.
You acknowledge that Classifieds88 reserves the right to log off accounts
that are inactive for an extended period of time. You further acknowledge that Classifieds88 reserves the right to modify these
general practices and limits from time to time.
12. MODIFICATIONS
TO SERVICE
Classifieds88
reserves the right at any time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice. You agree
that Classifieds88 shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that
Classifieds88 may, under certain circumstances and without
prior notice, immediately terminate your
Classifieds88
account and access to the Service. Cause for such termination shall include, but
not be limited to, (a) breaches or violations of the TOU or other incorporated agreements
or guidelines, (b) requests by law enforcement or other government agencies, (c)
a request by you (self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected technical or security
issues or problems, (f) extended periods of inactivity, (g) you have engaged in
fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you
in connection with the Services. Termination of your
Classifieds88
account includes (a) removal of access to all offerings within the Service, (b)
deletion of your password and all related information, files and content associated
with or inside your account (or any part thereof), and (c) barring further use of
the Service. Further, you agree that all terminations for cause shall be made in
Classifieds88's sole discretion and that
Classifieds88
shall not be liable to you or any third-party for any termination of your account
or access to the Service.
14. DEALINGS
WITH ADVERTISERS
Your correspondence
or business dealings with, or participation in promotions of, advertisers found
on or through the Service, 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 such advertiser. You agree that
Classifieds88
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.
15. LINKS
The Service
may provide, or third parties may provide, links to other World Wide Web sites or
resources. Because Classifieds88 has no control over such sites and resources,
you acknowledge and agree that Classifieds88
is not responsible for the availability of such external sites or resources, and
does not endorse and is not 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 Classifieds88
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 use of or reliance on any
such Content, goods or services available on or through any such site or resource.
16.
CLASSIFIEDS88'S
PROPRIETARY RIGHTS
You acknowledge
and agree that the Service and any necessary software used in connection with the
Service ("Software") 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 Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by Classifieds88 or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the Service
or the Software, in whole or in part.
Classifieds88
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, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise 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, including (without limitation) for the
purpose of obtaining unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface that is provided by Classifieds88 for use in accessing the Service.
17. DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. CLASSIFIEDS88
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.
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CLASSIFIEDS88 MAKES 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 SERVICE
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.
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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.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
CLASSIFIEDS88
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOU.
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A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN
LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO
HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY,
HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
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NO REPRESENTATIONS AND WARRANTIES WHATSOEVER ARE GIVEN BY
CLASSIFIEDS88 AS TO ANY MATTER CONTAINED
IN ANY MANNER WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION, THE CONTINUING AVAILABILITY
OF ANY PARTICULAR PROPERTY FOR SALE RIGHT UP TO AND ON THE DAY OF THE AUCTION, THE
DESCRIPTION, IDENTITY, TITLE PARTICULARS OF THE PROPERTY, ALL RESTRICTION-IN INTEREST,
CONDITIONS OF TITLE AND, THE STATE AND CONDITION OF THE PROPERTY AND ALL ENCUMBRANCES,
WHETHER REGISTERED OR OTHERWISE, AND
CLASSIFIEDS88 ASSUME NO LIABILITY WHATSOEVER IN RESPECT OF THE SAME. ALL
PROSPECTIVE BIDDERS SHOULD NOTE THAT ANY PROPERTY LISTED AS AVAILABLE FOR SALE HEREIN
MAY AT ANY TIME BE WITHDRAWN FROM THE AUCTION WITHOUT ANY PRIOR NOTICE FOR ANY REASON
WHATSOEVER AND NEITHER CLASSIFIEDS88 SHALL INCUR ANY LIABILITY WHATSOEVER TO PROSPECTIVE BIDDERS
BY REASON OF SUCH WITHDRAWAL.
18. LIMITATION
OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT CLASSIFIEDS88 SHALL NOT BE LIABLE TO YOU 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 (EVEN IF CLASSIFIEDS88 HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), 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 SERVICE.
19. NO THIRD
PARTY BENEFICIARIES
You agree that,
except as otherwise expressly provided in this TOU, there shall be no third party
beneficiaries to this Agreement.
20. NOTICE
Classifieds88
may provide you with notices, including those regarding changes to the TOU, by either
email, regular mail, or postings on the Service.
25. GENERAL
INFORMATION
Entire Agreement.
The TOU constitutes the entire agreement between you and
Classifieds88
and governs your use of the Service, superseding any prior agreements
between you and Classifieds88 with respect to the Service. You also may
be subject to additional terms and conditions that may apply when you use or purchase
certain other Classifieds88 services, affiliate services, third-party
content, or third-party software.
Choice of
Law and Forum. The TOU and the relationship between you and
Classifieds88
shall be governed by the laws of the
Malaysia
without regard to its conflict of law provisions.
Waiver and
Severability of Terms. The failure of Classifieds88
to exercise or enforce any right or provision of the TOU shall not constitute a
waiver of such right or provision. If any provision of the TOU is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOU remain in full force and effect.
No Right
of Survivorship and Non-Transferability. You agree that your
Classifieds88
account is non-transferable and any rights to your
Classifieds88
Rererer Code. or contents within your account terminate upon your death. Upon receipt
of a copy of a death certificate, your account may be terminated and all contents
therein permanently deleted.
Statute
of Limitations. 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 Service or
the TOU must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
The section
titles in the TOU are for convenience only and have no legal or contractual effect.
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