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The following are the terms and conditions
for use of My HomeComm ('the Services'). Please read them
carefully. The Services is offered to the User upon condition
that the User accepts without modification the terms,
conditions, and notices contained herein.
1. DESCRIPTION OF SERVICES
(a) The User is allowed to create and customise their
HomeComm portal page according to their preference. The
layout, color, channels, categories and information ('Content')
can be adjusted accordingly.
(b) To use the Services, the User must complete the registration
process by providing HomeComm with current, complete and
accurate information as prompted by the Registration Form.
Click here for the Registration Form.
(c) Currently, HomeComm has limited the Users that are
allowed to use My HomeComm to registered Users in the
area of Majlis Perbandaran Subang Jaya (MPSJ). The reason
for this is because HomeComm is still in its infancy and
we are in the midst of our pilot trial. During this trial,
we will be fine tuning the HomeComm infrastructure to
obtain the optimal output. However, HomeComm will be opening
this Service to subscribers from other municipals in the
near future.
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2. ACCEPTANCE OF TERMS
(a) HomeComm shall provide the Services to the User, subject
to any posted guidelines or rules applicable to the Services
which may be posted from time to time.
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3. USER'S OBLIGATIONS
(a) The User understands that all Content, whether publicly
posted or privately transmitted, is the sole responsibility
of the person from which such Content originated. This
means that the User, and not HomeComm, is entirely responsible
for all Content that the User uploads, posts, emails or
otherwise transmits via the Services.
(b) HomeComm does not control the Content posted via the
Services and, as such, does not guarantee the accuracy,
integrity or quality of such Content. The User understands
that by using the Services, the User may be exposed to
Content that is offensive, indecent or objectionable.
Under no circumstances will HomeComm be liable in any
way for any Content, for 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 posted, emailed
or otherwise transmitted via the Services. By way of example,
and not as a limitation, the User agrees not to use the
Services for the following non-exclusive situations:
(i) upload, post, email or otherwise transmit any Content
that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically
or otherwise objectionable under any law or under contractual
or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure
agreements);
(ii) harm minors in any way;
(iii) impersonate any person or entity, including, but
not limited to, a HomeComm official, My HomeComm leader,
guide or host, or falsely state or otherwise misrepresent
the HomeComm's affiliation with a person or entity;
(iv) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through the Services;
(v) modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products
or Services obtained from the HomeComm portal.
(vi) collect or store personal data about other Users.
(vii) upload, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation,
except in those areas that are designated for such purpose;
(viii) upload, post, email or otherwise transmit any material
that contains software virus 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;
(ix) disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other Users of the Services
are able to type, or otherwise act in a manner that negatively
affects other User' ability to engage in real time exchanges;
(x) Interfere with or disrupt the Services or servers
or networks connected to the Services, or disobey any
requirements, procedures, policies or regulations of networks
connected to the Services;
(xi) Intentionally or unintentionally violate any applicable
local, state, national or international law and any regulations
having the force of law;
(xii) defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and
publicity) of others.
(c) The User acknowledges that HomeComm does not pre-screen
Content, but that HomeComm and its designees shall have
the right (but not the obligation) in their sole discretion
to edit, refuse to post or to remove any Content, in whole
or in part, at all times to satisfy any applicable law,
regulation, legal process or governmental request. Without
limiting the foregoing, HomeComm and its designees shall
also have the right to remove any Content that violates
the Terms Of Service (TOS) or is otherwise objectionable.
(d) The User agrees that the User 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, the User acknowledges
that the User may not rely on any Content created by HomeComm
or submitted to HomeComm.
(e) The User acknowledges and agrees that HomeComm 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:
(a) comply with legal process; (b) enforce the TOS; (c)
respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property,
or personal safety of HomeComm, its Users and the public.
(f) With respect to Content which HomeComm elects to post
for inclusion in the Services, the User grants HomeComm
the world-wide, royalty free and non-exclusive license
to reproduce, modify, adapt and publish such Content on
the Services solely for the purpose of displaying, distributing
and promoting HomeComm Services to which such Content
was submitted and/or to incorporate it in other works
in any form, media, or technology now known or later developed.
This license exists only for as long as the User elects
to continue to include such Content on the Services and
shall be terminated at the time the User deletes such
Content from the Services.
(g) The User agrees to use the Services only to post,
send and receive Content that is proper and related to
the Services.
(h) The User agrees that HomeComm does not control or
endorse the Content found in the Services and, therefore,
HomeComm specifically disclaims any liability with regard
to the Services and any actions resulting from the User's
participation in any Services. Managers and Hosts are
not authorized HomeComm spokespersons, and their views
do not necessarily reflect those of HomeComm.
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4. INDEMNITY
(a) The Services are provided "AS IS" without
warranty of any kind. HomeComm and/or its respective suppliers
hereby disclaim all warranties and conditions with regard
to the services, including all implied warranties and
conditions of merchantability, fitness for a particular
purpose, title and non-infringement. In no event shall
HomeComm and/or its suppliers be liable for any direct,
indirect, punitive, incidental, special, consequential
damages or any damages whatsoever including, without limitation,
damages for loss of use, data or profits, arising out
of or in any way connected with the use or performance
of the Services, with the delay or inability to use the
Services, the provision of or failure to provide Services,
or for any information, software, products, services and
related graphics obtained through the Services, or otherwise
arising out of the use of the Services, whether based
on contract, tort, negligence, strict liability or otherwise,
even if HomeComm or any of its suppliers has been advised
of the possibility of damages. If the User is dissatisfied
with any portion of the Services, or with any of the TOS,
the User's sole and exclusive remedy is to discontinue
using the Services.
(b) The User specifically agrees that HomeComm shall not
be responsible for unauthorized access to or alteration
of the User's transmissions or data, any material or data
sent or received or not sent or received, or any transactions
entered into through the Services. The User specifically
agrees that HomeComm is not responsible or liable for
any threatening, defamatory, obscene, offensive or illegal
content or conduct of any other party or any infringement
of another's rights, including intellectual property rights.
The User specifically agrees that HomeComm is not responsible
for any content sent using and/or included in the Services
by any third party.
(c) The User agrees to indemnify and hold HomeComm, and
its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of the Content
the User submits, posts to or transmits through the Services,
the User's use of the Services, the User's connection
to the Services, the User's violation of the TOS, or the
User's violation of any rights of another.
(d) HomeComm encourages the User to exercise discretion
while browsing the Internet while using the HomeComm platform.
The Services and Content may direct the User to sites
containing information that may be offensive or inappropriate
to certain persons. HomeComm makes no representations
concerning any endeavor to review the content of sites
listed in the directory or any of the Services or Content,
and so HomeComm isn't responsible for the accuracy, copyright
compliance, legality or decency of material contained
in sites listed in the Services or Content.
5. GENERAL PRACTICES REGARDING MY HOME COMM
(a) The User acknowledges that HomeComm has the discretion
at all times to limit the maximum size of the Content
that will be put in the Services.
(b) The User agrees that HomeComm has no responsibility
or liability for the deletion or failure to store any
Content maintained or transmitted by the Services.
(c) The User further acknowledges that HomeComm reserves
the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
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6. MODIFICATION TO SERVICES
HomeComm reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently,
the Services (or any part thereof) with or without notice.
The User agrees that HomeComm shall not be liable to the
User or to any third party for any modification, suspension
or discontinuance of the Services.
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7. LINKS
(a) The Services may provide, or third parties may provide,
links to other World Wide Web sites or resources. As HomeComm
has no control over such sites and resources, the User
acknowledges and agrees that HomeComm is not responsible
for the availability of such external sites or resources,
and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials
on or available from such sites or resources.
(b) The User further acknowledges and agrees that HomeComm
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 HomeComm of or reliance on any
such Content, goods or services available on or through
any such site or resource.
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8. DISCLAIMER OF WARRANTIES
The User expressly understands and agrees that:
a. HomeComm makes no warranty that (i) the Services will
meet the User's requirements, (ii) the Services will be
uninterrupted, timely, secure or error-free, (iii) the
results that may be obtained from the Services will be
accurate or reliable, (iv) the quality of any products,
services, information or other material purchased or obtained
by the User through the Services will meet the User's
expectations and (v) any errors in the software will be
corrected.
b any material downloaded or otherwise obtained through
the Services is done at the User's own discretion and
risk and that the User will be solely responsible for
any damage to the User's computer system or loss of data
that results from the download of any such material.
c. no advice or information, whether oral or written,
obtained by the User from the Services shall create any
warranty.
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