Terms of Use – Haha no yume 母の夢
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Terms of Use

YOUR AGREEMENT AND ACCEPTANCE

By entering, using and/or visiting this (including but not limited to products, services and content available on such website, collectively referred to as the “Website) and/or other Websites belonging to MF Asia Sdn Bhd (including but not limited to its subsidiaries, associated companies, affiliates, successors, assigns, and licensees, collectively referred to as “MFA”, “we”, “us”, “our” shall be construed accordingly ), you are hereby agreeing to the terms and conditions contained herein (and as may be amended or revised from time to time), to MFA’s Personal Data Notice, and to any other terms and conditions incorporated hereunder (collectively referred to as this “Terms of Use”) and further agreeing that the laws of Malaysia will govern these Terms of Use and to submit to the non-exclusive jurisdiction of the courts of Malaysia for any dispute in relation to or involving the Website.

You warrant and attest that you are of the age of majority. By using our Website, you are confirming that you meet the minimum age requirement and are fully able, authorised, and competent to enter into and be bound by these Terms of Use. You further agree that you have fully read, understood the contents herein, meaning and impact of these Terms of Use and are fully authorised and competent to enter into, abide and be bound by these Terms of Use.

The Website is controlled and offered by us from MFA’s facilities in Malaysia. We make no representations that the Website is appropriate or available for Use in other locations. Those who Use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws.

You are only authorised to enter, access and use the Website if you agree to abide by these Terms of Use. Please read these Terms of Use carefully as your entry, access and use of the Website is governed by these Terms of Use and by entering, accessing and using the Website, you agree to and accept the terms and conditions contained herein. If you do not agree with and to these Terms of Use, you must immediately leave the Website and discontinue using MFA’s Website and any of the content, products and/or services provided therein.

In order to:- (a) Use MFA’s Website, (b) view, order and/or purchase the products and services offered on the Website, and/or (c) participate in certain activities, competitions, offers and/or promotions offered on the Website, you may be notified that you are required to download software or content (including but not limited to plugins such as shockwave flash plugins) and/or agree to additional terms and conditions applicable to such products and/or services in which you choose to participate.

These Terms of Use and any other terms and conditions of this Agreement may be amended or revised from time to time at any time without notice, and such amendment or revision shall be effective and binding upon posting onto the Website. It is therefore important that you review the Terms of Use regularly to ensure you are updated as to any changes. Your continued use of the Website signifies your agreement to and acceptance of any revised terms and conditions.

WEBSITE ACCESS, REGISTRATION AND USAGE

We grant you permission to use (i) the Website; and (ii) the content on the Website including (but not limited to) the text, software, scripts, image, graphics, photographs, sounds, music, videos, other audio or visual content, interactive features or any other data or content in any media or format (collectively, the “Content“), strictly in accordance with these Terms of Use, provided always that:

  • your use of the Website and the Content as permitted is strictly and solely for your information and for your personal use for the purchase of the products and services sold by MFA (“Approved Use”);
  • you will not sell, copy, reproduce, distribute, transmit, broadcast or adapt any part of the Website and the Content in any medium or format (whether now known or devised in the future) without our prior written consent;
  • you will not alter or modify any part of the Website and/or Content other than as expressly permitted by MFA;
  • you will retain and display the credits and copyright notices (including without limitation to our name, bylines and the original source of the Content) and/or Marks (as defined below) provided with the Content;
  • upon notice from MFA, you will forthwith cease the use of and delete or otherwise remove any Content from your premises, computer system, databases and/or other forms of storage whether now known or devised in the future; and
  • you will otherwise comply with all terms and conditions described in these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

All rights in (i) the Content; and (ii) the trade dress of the Website and any and all trade marks, service marks and logos contained therein (collectively, the “Marks“), are owned by or licensed to MFA and/or MFA’s related entities, and subject to copyright and other intellectual property rights under Malaysian and foreign laws and international conventions acceded to by Malaysia.

Nothing contained on the Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use, copy or imitate any Marks without the prior written consent of the relevant owner. We reserve all rights not expressly granted in and to the Marks.

The Content on the Website is provided to you as is for Approved Use only, and may not be used, sold, copied, reproduced, distributed, transmitted, broadcast, displayed, licensed, or otherwise exploited for any other purposes whatsoever without MFA’s prior written consent, MFA’s related entities and the respective rights owners. We reserve all rights not expressly granted in and to the Website and the Content. You agree to and acknowledge that you are not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein and for any other purpose other than for Approved Use. If you download or print a copy of the Content for Approved Use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any and all security related features of MFA’s Website or any features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

PROHIBITIONS AND CONTENT

You agree that you will not:

  • submit, upload, post, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual and/or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships), that is protected by obligations of confidentiality or non-disclosure, copyrighted, trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
  • submit material that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party;
  • submit any material that: is illegal; unlawful; encourages conduct that would be considered a criminal offence, or give rise to civil liability; violates any law; provides any telephone numbers, postal address, last names, URLs or e-mail addresses; promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorised copy of another person’s copyrighted work; involves unsolicited or unauthorised advertising or the transmission of promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, unsolicited mass mailing or instant messaging; contains restricted or password only access pages or hidden pages or images; furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; involves commercial and promotional activities and/or sales without our prior written consent; includes a photograph of another person you have posted without that person’s consent; or is otherwise inappropriate, objectionable or unacceptable;
  • publish falsehoods or misrepresentations that could damage us or any third party or post false and/or defamatory messages;
  • impersonate any person or entity, falsely state or otherwise represent your affiliation with a person or entity;
  • submit 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;
  • interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  • “stalk” or otherwise harass another person or user; and/or
  • deface, modify, edit, distribute or reproduce any Content on the Website.

MFA make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content.

MFA expressly reserve for ourselves and any party MFA may choose to designate, the right to delete any Content that violates these Terms of Use or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person, and to reject, refuse to post or remove any Content at our sole discretion at any time, with or without cause, with or without prior notice and without any liability. If you are or become aware of any misuse of the Website and/or Content by any user, please notify us immediately.

MFA reserves the right to modify or discontinue, temporarily or permanently, the all or any part of the Website and/or Content ) at any time without prior notice and at MFA’s sole discretion. MFA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any loss of Content arising or resulting from such modification, suspension or discontinuance of the Website.

The Website may contain advertisements and links to other websites or resources. Even if such advertisements, websites or resources are co-branded with MFA’s logo, these Terms of Use only applies to the entry, access and use of this Website and MFA are not responsible for the availability of such advertisements, external websites or resources, and MFA does not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such advertisements, websites or resources. MFA 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 advertisement, external website or resource. For the avoidance of doubt, MFA shall not be responsible for any consequence (including but not limited to costs, damages, duties, expenses, fines, interests, levies, losses, liabilities, taxes, penalties or otherwise, collectively referred to as “Liabilities”) that you and/or any other third party have incurred or suffered as a result from the use of such advertisements, websites and/or resources. Your use of such advertisements, websites and/or resources will be subjected to the terms of use and service contained within the respective Linked Sites.

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 understand, acknowledge and agree that you rely on any Content at your own risk.

You are solely responsible for procuring and ensuring the procurement of any and all necessary licences, permits and releases from any individuals and/or entities in connection with your use of any Content.

You agree to indemnify and hold MFA and its directors, officers, employees, affiliates, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to claims that any Content violates the rights of third-parties or protect the rights, property, or personal safety of us and the users.

WARRANTY AND DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  • DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
  • any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user communication, or ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any equipment due to technical problems or traffic congestion on the Internet or on any of the WEBSITE or combination thereof, including any injury or damage to USERs or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR
  • 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 UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE ARE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE ACQUISITION OF INFORMATION AND PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT, EXERCISE CAUTION WHERE APPROPRIATE, AND IF NEED BE, SEEK INDEPENDENT LEGAL ADVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES HOWSOEVER RESULTING FROM ANY:

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  • DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
    • any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user communication, or ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any equipment due to technical problems or traffic congestion on the Internet or on any of the WEBSITE or combination thereof, including any injury or damage to USERs or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

 

INDEMNITY

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless us, our affiliates and related entities, and the officers, directors, employees and agents of each such foregoing entity, from and against any and all Liabilities arising from:

  • your entry, access and/or use of MFA’s Website and/or Content;
  • your violation of any term of these Terms of Use;
  • or your violation of any third party right, including without limitation any intellectual property, property, or privacy right.

This Clause shall survive these Terms of Use and your entry, access and/or use of MFA’s Website.

ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without any restriction whatsoever.

GENERAL

These Terms of Use, together with our Personal Data Notice available and any other terms and conditions incorporated hereunder, shall constitute the entire agreement between you and us concerning our Website.

The headings and section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

These Terms of Use shall operate to the fullest extent permissible by law. If any provision (or any part thereof) of these Terms of Use is unlawful, void or unenforceable, that provision (or such part thereof) is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision.

     

     

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