|
 |
 |
| |
INTRODUCTION
|
| |
FSGreetings.com
(www.fsgreetings.com) is a website managed and maintained by World of
Feng Shui Sdn. Bhd (Wofs.com).
FSGreetings is provided
to you free of charge, "as is." Wofs.com uses its best efforts to maintain
FSGreetings, but is not responsible for the results of any defects that
may be found to exist in FSGreetings, or any lost profits or other consequential
damages that may result from such defects. You should not assume that
FSGreetings is error-free or that it will be suitable for the particular
purpose that you have in mind when using it
|
| |
|
| |
USER'S
RESPONSIBILITIES |
| |
User
shall use FSGreetings.com for lawful purposes only. User shall not post
or transmit through FSGreetings.com any material which violates or infringes
in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give rise to civil liability
or otherwise violate any law, or which, without FSGreetings.com' express
prior approval, contains advertising or any solicitation with respect
to products or services. Any conduct by a User that in FSGreetings.com'
discretion restricts or inhibits any other User from using or enjoying
FSGreetings.com will not be permitted. User shall not use FSGreetings.com
to advertise or perform any commercial solicitation, including, but not
limited to, the solicitation of users to become Users of other online
information services competitive with FSGreetings.com. |
| |
|
| |
COPYRIGHT
|
| |
All material
that appears on or within theFSGreetings.com Web site, including text,
graphics, software, photos, video, audio and other materials, as well
as the overall design, selection and arrangement of theFSGreetings.com
Web site, is copyrighted by Wofs.com and subjected to the legislation
regulating the protection of Intellectual Property in Malaysia. "FSGreetings.com"
and all derivative marks are trademarks and service marks of Wofs.com,
all rights reserved. Other trademarks, product names, company names and
logos appearing on FSGreetings.com are the property of Wofs.com or their
respective owners. |
| |
|
| |
CHANGED
TERMS |
| |
FSGreetings.com
shall have the right at any time to change or modify the terms and conditions
applicable to User's use of FSGreetings, or any part thereof, or to impose
new conditions, including,but not limited to, adding fees and charges
for use. Such changes, modifications, additions or deletions shall be
effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on FSGreetings, or by electronic
or conventional mail, or by any other means by which User obtains notice
thereof. Any use of FSGreetings by User after such notice shall be deemed
to constitute acceptance by User of such changes, modifications or additions.
|
| |
|
| |
DISCLAIMER
OF WARRANTY; LIMITATION OF LIABILITY |
| |
(A) USER EXPRESSLY
AGREES THAT USE OF FSGreetings.com IS AT USER'S SOLE RISK. NEITHER FSGreetings.com,
ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT FSGreetings.com WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM USE OF FSGreetings.com, OR AS
TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE,
OR MERCHANDISE PROVIDED THROUGH FSGreetings.com.
(B) FSGreetings.com
IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT.
(C) THIS DISCLAIMER
OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION.FSGreetings.com DOES NOT WARRANT
THAT DEFECTS WOULD BE CORRECTED OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND
NOT FSGreetings.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. USER
SPECIFICALLY ACKNOWLEDGES THAT FSGreetings.com IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT
WILL FSGreetings.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING FSGreetings.com OR THE FSGreetings.com SOFTWARE,
BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE FSGreetings.com. USER HEREBY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON FSGreetings.com.
(E) IN ADDITION
TO THE TERMS SET FORTH ABOVE, NEITHER FSGreetings.com, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS
OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN FSGreetings.com, OR FOR ANY DELAY OR INTERRUPTION IN
THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL
BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.NEITHER
FSGreetings.com NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES
AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
|
| |
|
| |
MIDIS |
| |
The midis
used in this website, as far as we concerned are not copyrighted. However,
if there are any midis that you may think are copyrighted, please let
us know and we will remove it immediately. Thank you |
| |
|
| |
INDEMNIFICATION
|
| |
User
agrees to defend, indemnify and hold harmless FSGreetings.com, its affiliates
and their respective directors, officers, employees and agents from and
against all claims and expenses, including attorneys' fees, arising out
of the use of FSGreetings.com by User or User's Account. |
| |
|
| |
LIMITATION
OF LIABILITY |
| |
Under
no circumstances, including, but not limited to, negligence, shall FSGreetings.com
be liable for any special or consequential damages that result from the
use of, or the inability to use, the materials in this site, even if FSGreetings.com
or a FSGreetings.com authorized representative has been advised of the
possibility of such damages. Applicable law may not allow the limitation
or exclusion of liability or incidental or consequential damages, so the
above limitation or exclusion may not apply to you. In no event shall
FSGreetings.com' total liability to you for all damages, losses, and causes
of action whether in contract, tort (including, but not limited to, negligence
or otherwise) exceed the amount paid by you, if any, for accessing this
site. |
| |
|
| |
TERMINATION
|
| |
This
agreement is effective until terminated by either party. You may terminate
this agreement at any time by destroying all materials obtained from any
and all FSGreetings.com site(s) and all related documentation and all
copies and installations thereof, whether made under the terms of this
agreement or otherwise. This agreement will terminate immediately without
notice from FSGreetings.com if in FSGreetings.com' sole discretion you
fail to comply with any term or provision of this agreement. Upon termination,
you must destroy all materials obtained from this site and any and all
other FSGreetings.com site(s) and all copies thereof, whether made under
the terms of this agreement or otherwise. |
| |
|
| |
CONCLUSION |
| |
If any
provision of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between the parties
relating to the subject matter herein and shall not be modified except
in writing, signed by both parties. |
|
|
|