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The following are the terms and conditions
for use of the HomeComm Webpal ('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 find other persons who fit
the specific criteria which has been set by the User.
The User will be able to find details of other people
who can become companions, friends, etc ('Information')
by using this Service. Please note that this is not a
dating service.
(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 Webpal 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 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 Information, whether
publicly posted or privately transmitted, is the sole
responsibility of the person from which such Information
originated. This means that the User, and not HomeComm,
is entirely responsible for all Information that the User
uploads, posts, emails or otherwise transmits via the
Services.
(c) HomeComm does not control the Information posted via
the Services and, as such, does not guarantee the accuracy,
integrity or quality of such Information. The User understands
that by using the Services, the User may be exposed to
Information that is offensive, indecent or objectionable.
Under no circumstances will HomeComm be liable in any
way for any Information, for any errors or omissions in
any Information, or for any loss or damage of any kind
incurred as a result of the use of any Information 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 Information 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, 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 Information 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.
(d) The User acknowledges that HomeComm does not pre-screen
Information, 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 Information,
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 Information that
violates the Terms Of Service (TOS) or is otherwise objectionable.
(e) The User agrees that the User must evaluate, and bear
all risks associated with, the use of any Information,
including any reliance on the accuracy, completeness,
or usefulness of such Information. In this regard, the
User acknowledges that the User may not rely on any Information
created by HomeComm or submitted to HomeComm.
(f) The User acknowledges and agrees that HomeComm may
preserve Information and may also disclose Information
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 Information violates the
rights of third-parties; or (d) protect the rights, property,
or personal safety of HomeComm, its Users and the public.
(g) With respect to Information 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 Information
on the Services solely for the purpose of displaying,
distributing and promoting HomeComm Services to which
such Information 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 Information
on the Services and shall be terminated at the time the
User deletes such Information from the Services.
(h) The User agrees to use the Services only to post,
send and receive Information that is proper and related
to the Services.
(i) The User agrees that HomeComm does not control or
endorse the Information 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
Information 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 Information 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 Information
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 Information 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 Information of sites
listed in the directory or any of the Services or Information,
and so HomeComm isn't responsible for the accuracy, copyright
compliance, legality or decency of material contained
in sites listed in the Services or Information.
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5. GENERAL PRACTICES REGARDING WEBPAL
(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 by the following day, the User acknowledges that
HomeComm will have the right to delete the web pal application
and registration without further notice.
(b) The User acknowledges that HomeComm has the discretion
at all times to limit the maximum size of the Information
that will be posted on the Services. (c) The User agrees
that HomeComm has no responsibility or liability for the
deletion or failure to store any Information 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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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. 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. bany 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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8. 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 Information transmitted
via the Services, and shall not be responsible or liable
for any trading or investment decisions made based on
such Information.
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