Legal Disclaimer Notice
Metropolitan TV Sdn Bhd (“8TV”) its parent companies, its subsidiaries and its associated companies (“Media Prima Group”) appreciates your interest in its products and/or your visit to this 8TV Website (“Website“). By using and/or accessing this Website, you hereby agree to be bound by the terms and conditions in this terms of use (“Terms of Use”), and any notices issued by 8TV from time to time. 8TV may vary these terms and conditions at any time without notice, and your continued use and/or access of the Website constitutes your acceptance of the varied terms and conditions of this Terms of Use. Please read the following terms and conditions carefully before accessing and using the Website. For clarity, any reference to “we”, “our”, “us” or “Company” in this Privacy Policy shall include any member of Media Prima Group.
Conditions of Access
By accessing the Website and using the materials made available on this Website by us, you agree, acknowledge and accept to be bound by the terms and conditions herein. Neither the information, nor any opinion contained in the Website constitutes a solicitation. The information and materials including the terms and conditions in the Website may be modified, amended, deleted or replaced from time to time and at any time at the discretion of the Company.
We do not warrant that this Website will always be accessible uninterrupted, timely, securely, error free or free from computer virus or other invasive of damaging code. We are not liable in manner to you or to any person claiming through you whomsoever, for any losses, damages (direct, indirect, incidental, special or consequential), damages for loss of profits, costs, liabilities, expenses, claims or demands resulting from any delays, inaccuracies or errors in the information or in its transmission over the internet.
Reproduction and Linking
To encourage a wider promotion and distribution of the products and/or services available on the Website but subject to Section 5 below, we would have no objection for you to disseminate or reproduce the materials or part of the materials on the Website, provided that we are duly acknowledged and that the re-dissemination or reproduction is for a non-commercial purpose (e.g. all related webpages should carry no advertisement of a commercial nature). Such consent is not however applicable to materials produced by other organizations or websites, which own the copyrights.
In the event that the link from the Website to websites provided by other organisations shall be aware that the information on those websites has been compiled and issued by those organisations. We accept no responsibility for the contents of any website to which a hypertext link from the Website establishes and shall not be liable for any loss or damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, infringement of copyrights) arising out of the use of or inability to use the Website. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the websites provided by other organizations, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, trojan horses, malware and/or macros, and any other harmful components of a destructive nature.
Accuracy of the Website
While every precaution has been taken in the preparation of the Website and every effort made, the accuracy of information mentioned in the Website is subjected to changes, modifications and differences. We shall not be liable for any errors, inaccuracies, omissions or misrepresentation that may remain and any losses or inconveniences incurred as a result of such changes or differences.
The Website may contain inadvertent inaccuracies or typographical errors. These will be corrected at our discretion, as and when they are detected or reported. The information on the Website is updated regularly, but inaccuracies may remain or occur where changes occur between updates. We exclude any obligation, liability or responsibility for such content. The Website may also contain materials or content which are contributed by other organisations. We shall not be responsible for any error, inaccuracies, omission or misrepresentation in such materials or content.
Intellectual Property Rights
No part of this Website shall be reproduced for any commercial purposes without the permission from 8TV or Media Prima Group. The content, text, images, graphics, sound files, animation files, video files, and their arrangement on this Website are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. The Website may contain images or content whose copyrights are owned by or whose moral rights are attributable to third parties.
All terms mentioned in the Website that are known to be registered trademarks, trademarks or service marks are registered trademarks, trademarks or service marks of Media Prima Group and their respective owners (for third party marks). For third party marks, we or collectively, Media Prima Group cannot attest to the accuracy of this information. Use of a term in this Website should not be regarded as affecting the validity of any registered trademark, trademark, or service mark. Unless otherwise indicated, all trademarks and service marks (whether registered, unregistered or pending registration) on this Website are owned or licensed by, or to, Media Prima Group; including marks, names, logos, symbols and emblems.
No patent liability is assumed with respect to the information contained herein. Media Prima Group has sought to achieve an innovative and informative website. However, you also need to understand that Media Prima Group must protect its intellectual property rights, including without limitation its copyright and trademarks (whether or not the foregoing rights are registered, unregistered or pending registration). Accordingly, please appreciate that no license or right of any kind whatsoever to use the intellectual property rights of 8TV and Media Prima Group or the intellectual property rights of third parties have been granted by this Website.
Trademarks and Third Party Materials
Media Prima Group reserve all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively “Marks“) and nothing in this Terms of Agreement grants you the license to use such Marks. Additionally, other marks which appear on the Website may be marks of third parties that are not affiliated with us. We do not control or endorse the content of third party websites. Disclosure and Confidentiality.
We reserve the right to disclose any personal information about you or your use of the Website and without your prior permission if we in good faith, believe that such action is necessary to: (1) conform to legal requirements or comply with the law; (2) protect and defend the rights or property of 8TV and Media Prima Group; (3) enforce this Terms of Use; or (4) act to protect the interests of its members or others.
Any non-personal information or material sent to us by you will generally NOT be treated as confidential. For further details on use and disclosure of your personal information please see our Personal Data Protection Notice.
Warranties and Liabilities
The Website (including the services, information and content therein) is provided on an “as is” basis and to the fullest extent permitted by law is without warranty of any kind whatsoever, whether express or implied, including without limitation, any implied warranties of merchantability, fitness for use, fitness for a particular purpose and/or non-infringement of third party rights. In addition, any warranties, whether express or implied, statutory or otherwise, in relation to use, access, operation, availability, continuity or non-interruption of the Website are hereby excluded to the fullest extent permitted by law. While the information and content on the Website is believed to be accurate, it may contain errors or inaccuracies. To the fullest extent permitted by law, in no event will we be liable for any loss or damage of any kind whatsoever (including without limitation economic loss, loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive, general or special damages) suffered or incurred by you or any other person or entity, howsoever arising whether in contract, tort, negligence, or any other legal theory, and whether or not we are advised of the possibility of such damages, in connection with or as a result of the Website, including but not limited to the following: (a) use and/or access (or inability or delay in the use and/or access) of the Website; (b) any content or information made available on the Website (including any errors, omissions or inaccuracies thereof); (c) any content or information made available on the Website infringes the rights of any third party, (d) any intrusion or any attack by any person, hardware, software, virus, trojan horses, worms, malware and/or macros or other harmful components of a destructive nature arising from any use and/or access of the Website; (e) any websites (including the content therein) maintained by third parties, which are accessible via a link from or to the Website; and/or (f) any unauthorised access to or alterations of your transmission or data. In addition, we are not responsible for the contents of websites that are maintained by third parties and therefore shall not be liable or responsible for any links from the Website to other websites. We will take reasonable measures to maintain the privacy and security of all private information provided by you to the Website, but third parties (such as hackers) may breach or attempt to breach our security measures or may gain unauthorized access to the database or other equipment containing your information. You agree that we shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of the Website or any other company equipment or user information.
Severance
If any provision of this Terms of Use is held to be illegal or invalid under present or future laws or regulations effective and applicable, such provision shall be fully severable and this Terms of Use shall be construed as if such illegal or invalid provision had never comprised a part of this Terms of Use and the remaining provisions of this Terms of Use shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from this Terms of Use.
You agree to indemnify 8TV and Media Prima Group, harmless from any claim or demand including solicitors’ fees made by any third party due to or arising out of your use of the Website, and/or violation of any of these terms and conditions in this Terms of Use.
Governing Law and Jurisdiction
This Terms of Use shall be deemed to be made in Malaysia and shall for all intents and purposes be governed by and construed in accordance with the laws of Malaysia. Any disputes will be resolved in the non-exclusive jurisdiction of the courts in Malaysia. We are at liberty to proceed against you in the courts of any other country where jurisdiction may be established.
General
This Terms of Use contains the entire understanding between the parties hereto with respect to the Website, and supersedes all previous oral or written agreements or understandings between you and us, and no advice or information, whether oral or written, obtained by you from the Website (whether before or after the date you accept this Terms of Use) shall create any obligation or warranty on the part of 8TV and Media Prima Group not expressly stated herein. You may also be subjected to additional terms and conditions that may apply when you use any services offered by us, third-party content or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Terms of Use. You may not assert any claim against us in connection with the Website unless you have given us written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. We may assign its rights and duties under this Terms of Use to any party at any time without notice to you and this Terms of Use shall be binding upon and inure to the benefit of each party’s respective permitted successors and assignees.
This Terms of Use is drawn up in English and Mandarin language versions. In case of inconsistencies or disputes, the English language versions shall prevail.
All rights reserved.