TERMS AND CONDITIONS OF USE
Last Updated: August 2011
These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with FULLCIRCLEPIX.COM©, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of majority or (18) eighteen years whichever is applicable, and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify FULLCIRCLEPIX.COM© for violations of these Site Terms.
OWNERSHIP OF THE SITE AND ITS CONTENTS
This Site is owned by FULLCIRCLEPIX.COM©. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof, is exclusively owned by FULLCIRCLEPIX.COM©, its licensors, or its third-party image partners.
All content in the Site, are protected by copyright, trade mark, moral rights, and other laws relating to the protection of intellectual property.
USE OF THE SITE
This Site and FULLCIRCLEPIX.COM©‘s products/content is intended for customers of FULLCIRCLEPIX.COM©. You may not use this Site for any purpose not related to your business with FULLCIRCLEPIX.COM©. You are specifically prohibited from:
(a) downloading, copying, or re-transmitting any or all of the Site Content without, or in violation of, a written license or agreement with FULLCIRCLEPIX.COM©;
(b) using any data mining, robots or similar data gathering or extraction methods;
(c) manipulating or otherwise displaying the Site Content by using framing or similar navigational technology;
(d) uploading, communicating, sending, transmitting or using to transmit any malicious ware, unauthorized advertisements or spam;
(e) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any FULLCIRCLEPIX.COM© product or service if you are not expressly authorized by such party to do so; and
(f) using the Site Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside.
COPYRIGHT INFRINGEMENT POLICY
In accordance with the Malaysian Laws on Copyright and other applicable laws, FULLCIRCLEPIX.COM© has adopted a policy of terminating, in appropriate circumstances and at FULLCIRCLEPIX.COM©’s sole discretion, account holders who infringe the intellectual property rights of FULLCIRCLEPIX.COM© or of its affiliates.
NOTICE OF COPYRIGHT COMPLAINTS
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification furnishing details and proof of such infringement to us at our email address: email@example.com.
We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by courier or registered postal mail to a user's address.
LINKING AND FRAMING
You may not use any content material, logo or other proprietary graphic of FULLCIRCLEPIX.COM© to link to this Site without the express written permission of FULLCIRCLEPIX.COM©. Further, you may not frame any content material, trademark, logo or other proprietary information without FULLCIRCLEPIX.COM©’s express written consent.
FULLCIRCLEPIX.COM© makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the 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 third party. You agree that FULLCIRCLEPIX.COM© shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
You acknowledge that FULLCIRCLEPIX.COM©, including but not limited to the text, contents, photographs, video, audio and graphics thereon, has been specially designed by us for presentation in a unique format and appearance, which is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Malaysia and other countries.
FORUMS & OTHER INTERACTIVE SERVICES OR AREAS
The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of FULLCIRCLEPIX.COM©, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose FULLCIRCLEPIX.COM© or its users to any harm or liability of any type.
Further, you agree not to delete or revise any User Content posted by any third party. FULLCIRCLEPIX.COM© takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is FULLCIRCLEPIX.COM© liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk.
As a provider of interactive services, FULLCIRCLEPIX.COM© is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although FULLCIRCLEPIX.COM© has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, FULLCIRCLEPIX.COM© reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that FULLCIRCLEPIX.COM© may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of FULLCIRCLEPIX.COM©; or to protect the safety of our company, employees, customers or the public.
If you post User Content to the Site, unless we indicate otherwise, you grant FULLCIRCLEPIX.COM© and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant FULLCIRCLEPIX.COM© and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
REGISTRATION DATA AND ACCOUNT SECURITY
In consideration of your use of the Site, you agree to:
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data");
(b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete;
(c) maintain the security of your password and identification;
(d) notify FULLCIRCLEPIX.COM© immediately of any unauthorized use of your account or other breach of security;
(e) accept all responsibility for any and all activities that occur under your account; and
(f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
The information contained within press releases issued by FULLCIRCLEPIX.COM© should not be deemed accurate or current except as of the date the release was posted. FULLCIRCLEPIX.COM© has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
THIRD-PARTY FINANCIAL INFORMATION.
FULLCIRCLEPIX.COM© may provide links to third-party websites or services that contain financial or investment information about FULLCIRCLEPIX.COM©. Access to such websites and the information contained therein is provided as service to those interested in the information. FULLCIRCLEPIX.COM© neither regularly monitors nor has control over the content of third parties' statements or websites. Accordingly, FULLCIRCLEPIX.COM© does not endorse or adopt these websites or any information contained therein, including, without limitation, analyst's reports and stock quotes. FULLCIRCLEPIX.COM© makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on the Site. Users visit these websites and use the information contained therein at their own risk.
You agree to defend, indemnify and hold harmless FULLCIRCLEPIX.COM©, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the FULLCIRCLEPIX.COM© Content, or your violation of any rights of another.
In any or all dealings with FULLCIRCLEPIX.COM©may provide you with certain pricing, technical, marketing and other confidential information. You acknowledge that such confidential information encompasses valuable trade secrets and is proprietary to FULLCIRCLEPIX.COM©. You agree that you will maintain the confidentiality of any “confidential information” that FULLCIRCLEPIX.COM© may provide to you, and you shall not use or disclose the same by any means, implied or explicitly, without the prior written consent of FULLCIRCLEPIX.COM©. “Confidential information” includes any information that is either designated as confidential by FULLCIRCLEPIX.COM© or that, under the circumstances surrounding the disclosure, ought in good faith to be treated as confidential by you.
THIS SITE AND THE FULLCIRCLEPIX.COM© CONTENT ARE PROVIDED "AS IS" AND FULLCIRCLEPIX.COM© AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. FULLCIRCLEPIX.COM© WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE FULLCIRCLEPIX.COM© CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT FULLCIRCLEPIX.COM©, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE FULLCIRCLEPIX.COM© CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE FULLCIRCLEPIX.COM© CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
FULLCIRCLEPIX.COM© uses reasonable efforts to ensure the accuracy, correctness and reliability of the FULLCIRCLEPIX.COM© Content, but we make no representations or warranties as to the FULLCIRCLEPIX.COM© Content's accuracy, correctness or reliability.
FULLCIRCLEPIX.COM© offers a search feature within the Site. FULLCIRCLEPIX.COM© explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. FULLCIRCLEPIX.COM© also disclaims any responsibility for the completeness or accuracy of any directory or search result.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FULLCIRCLEPIX.COM©, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE FULLCIRCLEPIX.COM© CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FULLCIRCLEPIX.COM©, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FULLCIRCLEPIX.COM© RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FULLCIRCLEPIX.COM©, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FULLCIRCLEPIX.COM© FOR ACCESS TO OR USE OF THE SITE.
Notwithstanding any of these Site Terms, FULLCIRCLEPIX.COM© reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
CHANGES TO SITE TERMS
FULLCIRCLEPIX.COM© reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
GOVERNING LAW & JURISDICTION
The Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Malaysia and all disputes arising in any way out of or affecting the Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Malaysia, to which the parties agree to submit.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by FULLCIRCLEPIX.COM©. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
FULLCIRCLEPIX.COM© endeavors to keep the information on this website up to date and correct, and in accordance with journalism tenets of being fair and accurate, and without malice. However that we make no representations or warranties of any kind, express or implied, on the reliance you may place on such information contained on the website for any purpose, which therefore is strictly at your own risk.
As such we will not be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Every effort is made to keep the website up and running smoothly. However, FULLCIRCLEPIX.COM© takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
QUESTIONS AND CONTACT INFORMATION
Please forward all your questions or comments about this Site or the Site Terms to firstname.lastname@example.org.