Terms of Use (www.officialxs.com)

The following terms and conditions (the "Terms and Conditions") govern your use of the Official XS Sdn. Bhd. Web Site located at www.officialxs.com (the "Site"). The Site is made available by Official XS Sdn. Bhd. ("we" or "us"). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.


Propriety Rights & Trademarks
As between you and Official XS Sdn. Bhd., Official XS Sdn. Bhd. owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and company of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other Internet compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. The Site and the services offered on or through the Site, including any content and materials thereon, are only for your personal, non-commercial use. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of Official XS Sdn. Bhd. or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright infringement. Official XS Sdn. Bhd. will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Official XS Sdn. Bhd. and/or others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Official XS Sdn. Bhd. or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. Official XS Sdn. Bhd. will enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.


USER INFORMATION.
In the course of your use of the Site, you may be asked to provide certain personalised information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.


UNSOLICITED MATERIALS.
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner. By submitting or sending Submitted Materials to us, you: (a) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (b) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.


User Conduct
You warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); or (c) attempt to gain unauthorised access to other computer systems through the Site. You may not: (a) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (b) obtain or attempt to obtain unauthorised access to computer systems, materials or information through any means; (c) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; or (d) use the Site or the Site's services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorised use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Official XS Sdn. Bhd. may, from time to time, make messaging service, chat service, bulletin board, other forums and the like available on the Site. In addition to any other rules or regulations that we may post in connection with a messaging service, chat service, bulletin board or other forum on the Site or offered through a service on the Site, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any service offered on or through the Site, any materials which (a) restrict or inhibit any other user from using and enjoying the Site or the Site's services, (b) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (d) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (e) contain a virus, spyware, or other harmful component, (f) contain advertising, chain letters or pyramid schemes of any kind, or (g) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You alone are responsible for the content and consequences of any of your activities. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site or Official XS Sdn. Bhd.. Official XS Sdn. Bhd. reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Site or through the Site's services by users, and Official XS Sdn. Bhd. is not responsible for any such materials posted by users. However, Official XS Sdn. Bhd. reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Official XS Sdn. Bhd.'s sole discretion are objectionable or in violation of this Terms of Use, Official XS Sdn. Bhd.'s policies or applicable law. You agree that if you include a link from any other Web site to the Site, such link shall open in a new browser window. You agree not to link from any other Web site to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your Web site at any time upon written notice to you. You agree to defend, indemnify and hold Official XS Sdn. Bhd. and its directors, officers, members, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. Official XS Sdn. Bhd. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Official XS Sdn. Bhd.'s defense of such claim.


Laws
We control and operate the Site from our offices in the Malaysia. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.


Termination & Changes to Terms of Use
Official XS Sdn. Bhd. may terminate, change, suspend or discontinue any aspect of the Site or the Site's services at any time. Official XS Sdn. Bhd. may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. Official XS Sdn. Bhd. maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights. Official XS Sdn. Bhd. reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms of Use, in whole or in part, at any time. Changes in this Terms of Use will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to this Terms of Use are posted will be considered acceptance of those changes.


The laws of Malaysia, without regard to its conflict of law provisions, shall govern the Terms and Conditions and the relationship between you and us. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in Kuala Lumpur, Malaysia. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.