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The following are the terms and conditions
for use of the HomeComm Web Pages ('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 have their own web presence
by creating their own web page and post any messages,
notices and information ('Content') in their own web page.
(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 the Services 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. WEB PAGES CREATED BY RESIDENT
SUBSCRIBERS
(a) The User is allowed to create their own web presence
by using this Service.
3. WEB PAGES CREATD BY CORPORATE
SUBSCRIBERS
(a) The User is allowed to create their own web presence
by using this Service.
4. 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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5. USER'S OBLIGATIONS
(a) The User understands that if they use this Service,
their profile will be open to public and they may receive
e-mail or letters from other people. The User acknowledges
that by registering and using this Service, the User understands
the risks involved in posting private information in the
Services and that HomeComm is not liable for any risks.
(b) 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.
(c) 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)
(ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii)
(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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6. 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.
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7. GENERAL PRACTICES REGARDING WEB
PAGES
(a) The User acknowledges that they will not misuse the
Services and will not use profanity in their web page.
HomeComm reviews every profile submitted and will give
a warning to the User that misuses the Service. If the
User has not done anything with regards to the HomeComm
warning within a period of three (3) days, the User acknowledges
that HomeComm will have the right to delete the web page
without further notice.
(b) The User acknowledges that HomeComm has the discretion
at all times to limit the maximum size of the Content
that will be posted on the Web Pages. (c) 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.
(d) 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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8. 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.
9. DISCLAIMER OF WARRANTIES
The User expressly understands and agrees that: a. b c.
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10. SPECIFIC ADVICE
Advice received via the Services should not be relied
upon for personal, medical, legal or financial decisions
and the User should consult an appropriate professional
for specific advice tailored to the User's situation.
HomeComm shall not be responsible or liable for the accuracy,
usefulness or availability of any Content transmitted
via the Services, and shall not be responsible or liable
for any trading or investment decisions made based on
such Content.
11. E-COMMERCE TRANSACTION (BUYING/SELLING)
(a) The links and web sites contained in the Services
provides the Seller/Merchant links to the Users and can
be a medium for e-commerce transactions. However, each
individual Seller / Merchant participating in such transactions
is responsible for setting and explaining their individual
shipping, return, security and other policies applicable
to shopping in their stores and purchasing their products.
(b) HomeComm does not guarantee, warrant or endorse any
product or services sold by a Seller / Merchant, nor does
HomeComm have any liability or responsibility for the
quality or performance of any product or services sold
to the User by any Seller / Merchant. The purchase of
any product or services from a Seller / Merchant is a
transaction solely between the User and that Seller /
Merchant, and any question or dispute the User may have
regarding any such product or services should be addressed
directly to the responsible Seller / Merchant. HomeComm
has no responsibility or liability for any Seller / Merchant
or the User's relationship with such Seller / Merchant.
(c) The User is responsible for paying the entire amount
due on the User's purchase, including any applicable taxes,
shipping and other charges assessed by the Seller / Merchant.
With respect to applicable taxes, the Seller / Merchant
will advise the User subsequently of the exact amount
of tax due on the User's purchase. HomeComm has no responsibility
whatsoever for any miscalculation or omission by a Seller
/ Merchant of applicable taxes on any sale.
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12. SPECIFIC RESTRICTIONS ON USE
OF ASSOCIATED PRESS MATERIAL
(a) Associated Press includes but is not limited to text,
photo, graphic, audio and/or video material provided for
by the newspapers, magazines, books and journals.
(b) Associated Press text, photo, graphic, audio and/or
video material shall not be published, broadcast, rewritten
for broadcast or publication or redistributed directly
or indirectly in any medium. Nor shall these AP materials
nor any portion thereof be stored in a computer except
for personal and non-commercial use.
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