Please read this Terms of Use carefully before posting your advertisement on 2Ad8.com or 2Ad8.com.my website (hereinafter collectively referred as 2Ad8.com). In posting your advertisement (hereinafter referred to as “Ads”) on the 2Ad8.com, the Users agree to be bound by the terms of this Terms of Use.
THIS TERMS OF USE (hereinafter referred to as “Agreement”) is entered into by and between Istanria Sdn. Bhd. (636207-M)(hereinafter referred to as “Istanria”) and any individual, corporation, association, agency, company, or other entity who accesses (hereinafter referred to as “Browsers”) or uses the 2Ad8.com in the form of various types of classified advertisements which for certain types, posting will only be allowed subject to receipt of payment, banner and/or side advertisements which are subject to payment prior to posting. (hereinafter collectively referred to as “Advertiser”). Browsers and Advertisers shall hereinafter collectively refer to as “Users” or “you”.
The 2Ad8.com, which is provided without charge to Browsers, is a World Wide Web site on the Internet that is designed to allow Users to post ads and/or to view ads posted by other Advertisers. The 2Ad8.com is owned and operated by Istanria. The 2Ad8.com contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (hereinafter referred to as “Content”) formatted, organized and collected in a variety of forms that are generally accessible to Browsers and Advertisers, including directories and databases, and areas of 2Ad8.com that can be modified by Users, such as posting ads/messages, uploading multimedia files, registering user profiles, and creating Auto-Notify profiles.
1. Advertiser Rights and Responsibilities
1.1 Posting to the 2Ad8.com
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the 2Ad8.com and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the 2Ad8.com.
1.2 Advertiser’s Covenants
You agree to post ads on the 2Ad8.com only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the 2Ad8.com communications means by which you connect your modem including any Interactive Field, (ii) the use of any networks or other services connected to 2Ad8.com, and (iii) the computer, or other equipment to 2Ad8.com. By accessing 2Ad8.com, you agree that you will not:
(a) restrict or inhibit any other Users from using and enjoying the Interactive Features;
(b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(c) post or transmit any information, software, or other material which violates or infringes on the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(d) post or transmit any information, software or other material which contains a virus or other harmful component;
(e) alter damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access 2Ad8.com;
(f) disrupt the normal flow of communication in an Interactive Field;
(g) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(h) violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 2Ad8.com content.
(a) You acknowledge that Content on the 2Ad8.com website is generally provided by the 2Ad8.com, individual contributors of Content (hereinafter referred to as “Contributors”), third party licensees, and/or other Users. You acknowledge that the 2Ad8.com permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (hereinafter referred to as “Intellectual Property Rights”), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is expressly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that 2Ad8.com owns a copyright in the “look and feel,” i.e., the selection, coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to 2Ad8.com and its URL address. You acknowledge that the 2Ad8.com, and/or Advertisers remains the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by Advertiser.
You may upload to any Interactive Field or otherwise transmit post, publish, reproduce or distribute, on or through 2Ad8.com only Content that is not subject to any Intellectual Property Rights or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on 2Ad8.com, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as “Copyright owned by [name of owner]; Used by Permission.” By submitting Content to any Interactive Field, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to 2Ad8.com the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit the 2Ad8.com to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any Browser to access, view, store and reproduce the Content for personal use. Where you have provided your e-mail address for user registration, posting of ads or replies to ads, you are expressly allowing 2Ad8.com to send you e-mail for e-mail updates. E-Mail updates comprise responses to your postings, newsletters, system updates, and other updates as 2Ad8.com may offer from time to time.
3. Interactive Fields
You acknowledge that the 2Ad8.com may include various Interactive Areas (“hereinafter referred to as Interactive Fields”), including but not limited to ads. You further agree Istanria does not control the messages, information or files delivered to such Interactive Fields and that Istanria may offer you and other Advertisers to create and manage the Interactive Fields. However, neither Istanria, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Field. Your use and/or management of the Interactive Field will be governed by this Agreement and any additional rules or operating procedures of any Interactive Field established by you or another Advertisers, as applicable.
You recognize and agree that 2Ad8.com cannot, and does not intend to screen communications in advance. Therefore you agree that Istanria cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Field. 2Ad8.com is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Field.
Notwithstanding the above, you agree that the Istanria has the right at its sole discretion to monitor any Interactive Field, from time to time and to disclose any information as necessary to satisfy any law, regulations or at government request, to operate the Interactive Field, or to protect itself and/or other Advertisers.
Istanria may remove or request the Advertiser to remove any content or part thereof if Istanria determines at its sole discretion that the same does not conform to this agreement and the Advertiser covenant to comply with such exercise of discretion Istanria without protest.
Istanria reserves the right to prohibit conduct, communication or Content within an Interactive Field, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written 2Ad8.com policy in effect at that time, (ii) be harmful to the rights of any Advertiser, Istanria, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
You also acknowledge that the 2Ad8.com may send you e-mail for responses and follow-up updates to ads/messages, replies, auto-notify personal search agents, and any other transactions posted by you at the 2Ad8.com. Your requested compliance is also stated clearly on the respective screens, which include but are not limited to, the registration and modification of accounts, the posting, modification, and deletion of ads, the posting of replies, and the posting, modification, and deletion of auto-notify personal search agents.
4. Termination
Istanria may terminate or temporarily suspend your access to all or any part of the 2Ad8.com without notice, for conduct that Istanria believes is a violation of this Agreement or any policies or guidelines posted by Istanria or for other conduct which Istanria believes, in its sole discretion, are harmful to Istanria or other Users. Istanria may discontinue operating the 2Ad8.com and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the 2Ad8.com including the Interactive Fields, and the restrictions imposed on you with respect to Content downloaded from the 2Ad8.com as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers of Warranties; Limitations of Liability
5.1 Links.
You understand that except for Content, products or services expressly available at the 2Ad8.com, neither 2Ad8.com, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from the 2Ad8.com. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of the 2Ad8.com or controlled by 2Ad8.com. Istanria neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from the 2Ad8.com, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither Istanria, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from the 2Ad8.com or your inability to access the Internet or any site linked to or from the 2Ad8.com.
5.2 Disclaimer of Warranties.
Please use your best judgment in evaluating all information contained or opinions expressed on the 2Ad8.com. It is the policy of the Istanria not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party.
You expressly agree that your use of the2Ad8.com is at your sole risk. Neither is Istanria nor any of its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, contractors, affiliates, licensors, employees, agents, contractors, affiliates, licensors or other suppliers providing content, data, information or services warrants that the 2Ad8.com or any internet site linked to or from 2Ad8.com will be uninterrupted or error free, that defects will be corrected, or that this site, including the interactive fields, or the server that makes it available are free of viruses or other harmful components. Nor do any of them make any warranty as to the results that may be obtained from the use of 2Ad8.com or any internet site linked to or from 2A8.com or as to the timeless, sequence, accuracy, authority, completeness, usefulness, non-infringement, reliability, availability, or substance of any content, information, service, or transaction provided through 2Ad8.com or any site linked to or from 2Ad8.com. The 2Ad8.com is provided on an “AS IS”, “AS AVAILABLE BASIS, without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose.
5.3 Limitation of Liability.
Under no circumstances shall Istanria, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, contractors, or licensors, be liable or any incidental, special or consequential damages under or arising from this agreement, the 2Ad8.com, or any internet site linked to or from the 2Ad8.com, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, including without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, computer virus, communication line failure, breakdown of equipment, software error, infringement, unauthorized access to , or theft, destruction, alteration, or use of, records.
Under no circumstances shall Istanria, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, contractors, or licensors, be liable to you or any other third party for any decision made or action taken by you in reliance on the content contained with 2Ad8.com or the content contained within any internet site linked to or from 2Ad8.com. The content within 2Ad8.cpm and the content within Internet site linked to or from 2Ad8.com may include technical or other in accuracies or typographical errors. Changes are periodically added to the content herein, these changes will be incorporated in new versions of 2Ad8.com and specifically are included in this section agreement. 2Ad8.com and its contributors may take improvements and/or changes in the content at any tome from time to time.
You specically acknowledge and agree that the Istanria is not liable for any defamatory, offensive, fraudulent, or otherwise illegal conduct of any user. If you are dissatisfied with any 2Ad8.com site content, or with the agreement in whole or in part, your sole and exclusive remedy is to discontinue using the 2Ad8.com.
6. Indemnity
You agree to indemnify and hold ISTANRIA, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the 2Ad8.com or any Internet site linked to or from the 2Ad8.com, or in connection with the transmission of any Content on the 2Ad8.com.
7. Miscellaneous
This Agreement comprises the entire agreement between ISTANRIA and you, and supersedes any prior agreements with respect to the subject matter herein. ISTANRIA may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective immediately upon posting notice of such revision prominently on the 2Ad8.com.You agree to be bound by such revision.
If any provision of this Agreement or any other policy were held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of ISTANRIA to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of domicile of the 2Ad8.com (i.e. the laws of domicile for the domain name 2Ad8.com is USA and the domain name 2Ad8.com.my is Malaysia), excluding its conflict of laws rules, and you and ISTANRIA each submit to the exclusive jurisdiction of the courts of that domicile. This Agreement is personal to you and you may not assign your rights or obligations there under to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the 2Ad8.com have been done strictly for clarification and identification and do not constitute endorsement by the 2Ad8.com of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of the 2Ad8.com by such trademark, service mark or link owner.
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