TERMS AND CONDITIONS
MAJEGG LTD
Effective date : 15 June 2017
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE ("Agreement") CAREFULLY BEFORE USING THIS MOBILE APPLICATION (the "Site" or "Majegg" or “Mobile Application). This Site and Mobile Application are fully controlled and operated by Majegg, ("Majegg", "we," or "us"). By accessing and using this Mobile Application, you are hereby agreeing to be legally bound by the terms and conditions of Majegg. This Mobile Application is available ONLY TO USERS OVER THIRTEEN YEARS OF AGE. By completing the registration process for this Mobile Application, you represent that you are over thirteen years of age, and can and will be legally bound by this Agreement. If you do not agree with all of the following terms and conditions of this Agreement, your only recourse is to immediately: (1) discontinue use of the Mobile Application; (2) terminate your registration; and (3) notify Majegg of termination.
We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions of this Agreement to keep yourself apprised of any changes. Your continued use of the Mobile Application following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
1. Definitions
1.1 Parties.
“We,” “Us,” “Our” and “Company” shall refer to Majegg .“You” and “Your” shall refer to you, as a User of the Site. “User” means someone who accesses, browses, crawls, scrapes, subscribes or in any way uses the Site.
1.2. Content.
“Content” means text, images, photos, audio, video, personal information, location data, and all other forms of data or communication.“Majegg Content” means the Content that we have created and made available on the Site.
“Posting” and “Publishing” mean uploading, posting, transmitting, sharing, storing, submitting or otherwise making available such information or Content onto the Site.
“Your Content” or “User Content” refers to the Content that you have submitted, transmitted, posted, or made available to the Site through your account or otherwise.
“Site Content” means all available Content on the Site, including User Content, Majegg Content, and Third Party Content.
“Third Party Content” refers to the Content that originates from parties other than Majegg or its Users in connection with the Site, including third party websites and services.
2. The Site
2.1 Eligibility and Registration. When You register for a Majegg account, You
represent and warrant that the Content provided by You is truthful and accurate and that it will continue to be so. In the event that You violate the Terms and Conditions herein, We may remove any or all of Your Content, close Your Majegg account, or completely ban You from the Site or any portion thereof. Your permission to access and use the Site is subject to the restrictions of these Terms and Conditions and Our Privacy Policy. Your Use of the Site is at your own risk as you might encounter Users trying to publish or post reviews and other Content that is offensive, inaccurate, objectionable, or otherwise inappropriate. We will attempt to stop such Users from accessing and using the Site, but please be advised that we are under no obligation to do so, even upon
2.2 Third Parties. Majegg has no ownership in the products of Third Parties, including but not limited to products offered through their websites. Furthermore, Third Parties provide all Content and information relating to their products and profile pages, and as such, this Content shall be considered strictly as Third Party Content under these Terms and Conditions. The timely fulfilment and quality of all orders placed by Users through the Site are the direct and sole responsibility of the Third Parties. Any and all representations made by the Third Parties are so claimed by the Third Parties, only, without any such further approval or corroboration by Majegg.
2.3 Majegg makes no claims or promises with respect to any third party certification, content or product that is listed or shown on the site. Accordingly, majegg is not liable to any user or subscriber for any loss or damage that may arise from his or her reliance upon such third party certification, content or product. The purchase and use of products and services through site are so offered by third parties and therefore, all users and subscribers act at their own discretion and risk.
3 Eligibility and Registration.
When You register for a Majegg account, You represent and warrant that the Content provided by You is truthful and accurate and that it will continue to be so. In the event that You violate the Terms and Conditions herein, We may remove any or all of Your Content, close Your Majegg account, or completely ban You from the Site or any portion thereof. Your permission to access and use the Site is subject to the restrictions of these Terms and Conditions and Our Privacy Policy. Your Use of the Site is at your own risk as you might encounter Users trying to publish or post reviews and other Content that is offensive, inaccurate, objectionable, or otherwise inappropriate. We will attempt to stop such Users from accessing and using the Site, but please be advised that we are under no obligation to do so, even upon request.
4. Content
4.1 Your Content.You alone are responsible for the accuracy, truthfulness and reliability of that Content along with any and all associated risks. By posting, selecting, designating, or providing information, photographs, questions, and/or other materials, you represent, warrant, and covenant that you have the full legal right to post, select, designate, and/or provide Your Content, that Majegg, Users and Third Parties are allowed access to Your Content, and that use of Your Content by you, Majegg, Users and all other persons and entities will not
4.2 Infringement, f any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libellous or trade libellous, unlawfully threatening, or unlawfully harassing; (d) result in product liability, tort, breach of contract, personal injury, death, or property damage; (e) be obscene or otherwise violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing;(g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information owned by any third party. Be advised that you may expose yourself to liability for posting, transmitting, sharing or otherwise making available Content that is false, intentionally misleading, defamatory, infringing upon third-party rights, unlawful, or otherwise harmful. Although we may review, edit, or remove any Content from the Site at times, we make no representations as to any regular monitoring or checking of the appropriateness, reliability or quality of the Content.
4.3 Third Party Content. User Content posted on the Site may direct You to third-party
web sites or include links or information from Third Party Content. Third Party Content is not investigated, monitored or checked for accuracy, reliability or completeness by us. The posting of any such Third Party Content does not indicate any kind of implied approval or endorsement by us. If you decide to access, use or rely upon any third party websites or Third Party Content, you do so at your own risk. In the event that you choose to make a purchase through the use of Third Party Content, Majegg shall not be responsible for any aspect of such transaction. You are advised to review the terms and conditions and privacy policy of any third party.
4.4 Removing and Editing Content. Although we have no obligation to monitor or check the reliability and appropriateness of Your Content, we reserve the right to edit, remove, or screen such Content at Our sole discretion, for any or no reason, without any prior notice. If You fail to comply with our Content Guidelines, then you may be in violation of these Terms and Conditions, and consequently, Your Content may be deleted and Your account closed. We are under no obligation to provide You with any notice of such actions or to offer You any copies of Your Content prior to deleting it from the Site.
5. Restrictions
The following uses of the Site are explicitly prohibited and constitute an automatic violation and breach of the Terms and Conditions. All situations involving a possible violation of the Terms and Conditions may be subject to an investigation by Majegg if the Company finds such an investigation to be suitable and appropriate. We are not obligated to enforce any of the following terms and conditions on Your behalf against another Majegg User.
Without limitation, Majegg reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
5.1.You shall not use any portion of the Majegg Web and Mobile Application or the Services for uploading, posting, emailing, transmitting or otherwise making available information that is unlawful, infringe on another's intellectual property rights, or are harmful to minors in any way.
5.2.You shall not attempt to interfere with any other person's use of the Services.
5.3.You shall not misrepresent your identity or impersonate any person.
5.4.You shall not hold yourself out as sponsored by, endorsed by, or affiliated with the MajeggMobile Application.
5.5.You shall not use any portion of the Majegg Web and Mobile Application or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
5.6.You shall not use any portion of the Majegg Web and Mobile Application or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful, threatening, abusive, vulgar, obscene, defamatory, libellous, hateful, or racially, ethnically or otherwise objectionable.
5.7. You shall not attempt to gain unauthorised access to Majegg's database or other computer systems.
5.8. You shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Majegg in connection with the Majegg Web and Mobile Application or the Services.
5.9. You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Majegg Web and Mobile Application.
6.10. You shall not use any portion of the Majegg Web and Mobile Application or the Services for any unlawful purpose.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Majegg.
6. Linked Sites
We are not responsible for the content of any off-site pages or any other sites linked to the Site nor have we reviewed any such site. If you link to any off-site pages or other sites without our prior written permission, such action will be at your own risk. We cannot be held responsible for the contents of any web site which is electronically linked to the Site and which is not maintained by us.
7. Indemnity
You agree to indemnify, defend, and hold Majegg, its subsidiaries, affiliates, any related companies, and each of their directors, officers, agents, contractors, partners, employees, and representatives harmless from any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) any User Content, Third Party Content or Majegg Content posted or shared by You on or through the Site; (ii) Your access to or use of the Site; (iii) Your violation of the Terms and Conditions and/or Privacy Policy; (iv) Your infringement (or any third party using your Majegg account) upon the intellectual property rights of any person or entity. Majegg, at Your expense, may choose to assume the exclusive defence and control of any matter that requires indemnification by You. In such a situation, You hereby agree to fully cooperate with Our defence of these claims and to not enter into any settlement without Our prior written consent.
8. Trademarks and Service Marks
All Company product names, slogans, and logos on this App are either trademarks, service marks, or registered trademarks of Company or its suppliers and licensors and are the property of Company or its licensors. Unauthorised use, whether or not such use is tied to any commercial endeavours, is strictly prohibited. In addition, all screen headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Company's names or logos mentioned herein are the property of their respective owners.
8. Disclaimer of Warranties.
YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN "AS IS AND "AS AVAILABLE' BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. MAJEGG AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, MAJEGG AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (DI) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (Pi) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAJEGG OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT MAJEGG HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.
9. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MAJEGG ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF MAJEGG'S SERVICES OR THE WEB SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MOBILE APPLICATION, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAJEGG, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Compatibility.
Majegg does not warrant that the Application will be compatible or interoperable with Your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device to diminish or fail completely, and may result in permanent the damage to Your Mobile Device, loss of the data located on Your Mobile Device, and corruption of the software and files located on Your Mobile Device. You acknowledge and agree that Majegg and its affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
11. Product Claims.
You acknowledge that You (not Majegg) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify Majegg of any third party claims relating to the Application of which You become aware. Furthermore, You hereby release Majegg from any liability resulting from Your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.