Everyoneconnects.net Terms of Use Agreement

By accessing and using the Everyoneconnects.net, you agree to be bound by these Terms of Use Agreement (this "Agreement") and any modifications and amendments, which may be posted by TM on Everyoneconnects.net from time to time whether you are a "visitor" (which means that you simply browse the Everyoneconnects.net, including, without limitation, through a mobile or other wireless device, or otherwise use the Everyoneconnects.net without being registered). All such modifications will be effective upon posting on the Everyoneconnects.net and any use by you of the Everyoneconnects.net after the posting of any such modification will constitute your agreement to that modification.

Owing to the global nature of the internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and it is use as set out in this terms and conditions. By submitting your information you consent to these transfers.

“Content” shall mean any text, links, files, images, messages, photos, video, sounds, musical song, works of authorship, applications, or any other materials.

 “TM” or “we” shall mean Telekom Malaysia Berhad and “TM Group” shall mean any subsidiary and affiliate companies of Telekom Malaysia Berhad.

 You hereby agree to abide by or comply with the applicable laws, regulations and by-laws, social customs, practices, political systems and religious beliefs. Any attempt to break or breach those laws and regulations through the use of this Everyoneconnects.net may result in litigation against the offender by the relevant authorities or bodies. If such an event occurs, TM will fully comply with any directions of the said authorities or bodies to provide any information necessary for the purpose of any civil or criminal proceedings

1. Eligibility. By using the Everyoneconnects.net, you represent and warrant that (a) all registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information

2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Everyoneconnects.net. In addition, TM expressly reserves the right to remove, deny, restrict, suspend, or terminate your access to all or any part of the Everyoneconnects.net if TM determines, in its sole discretion that you have violated this Agreement or pose a threat to Everyoneconnects.net, users and/or the public.

3. Third Party Materials. Everyoneconnects.net also contains links to third party sites and third party content, widgets and applications (collectively referred to as "Third Party Materials") and TM has no control over any such sites or Third Party Linked. Third Party Linked is provided by TM solely as a convenience; TM neither endorses nor bears any responsibility for or control over any Third Party Materials or any links contained therein. All policies and statements by TM herein pertaining to the Everyoneconnects.net do not apply in any way to these Third Party Materials. Once you leave this Everyoneconnects.net and/or access Third Party Materials, Everyoneconnects.net Terms of Use and other policies are no longer in effect. TM recommends that you read the terms of use of each and every website which you visit and any and all Third Party Materials that you add to your profile. TM reserves the right in its sole discretion and without notice to: (i) terminate any and all links to this Everyoneconnects.net from any third party site, (ii) terminate any and all links from this Everyoneconnects.net to any third party site and/or (iii) terminate any Third Party Materials made available or accessible via this Everyoneconnects.net and remove any online posting thereof.

In addition, when you engage with any and all Third Party Materials, you are interacting with the third party, not with TM. TM does not control the third party, and cannot dictate their actions. If you choose to use any and all Third Party Materials, the Third Party Materials may use and share your data in accordance with the privacy policy of and your privacy settings on such service. TM is not responsible for and makes no warranties, express or implied, as to the Third Party Materials or the providers of such Third Party Materials (including, but not limited to, the privacy practices thereof). TM encourages you not to provide any personally identifiable information to any and all Third Party Materials unless you know and are comfortable with the party with whom you are interacting.

4. Non Commercial Use. Everyoneconnects.net is for the personal use of individual person only. You may not use the Everyoneconnects.net in connection with any commercial endeavors without our express written consent in each case. Organizations, companies and/or businesses, including third party companies or developers posting or otherwise making Third Party Materials available on or via the Everyoneconnects.net should not use Everyoneconnects.net for any purpose. No person may copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by TM or other member for the purpose of selling, engaging in, marketing or promoting any other product or service. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, and company or business access to your content uploaded on the Everyoneconnects.net for the purpose of extracting such information or other content.

5. Content/Activity Prohibited. By using this Everyoneconnects.net, you hereby agree not to post any material which contains, comprises of, relates to and/or may be construed as, including but is not limited to, Content that, in the sole discretion of TM:

5.1     is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;

5.2     harasses or advocates harassment of another person;

5.3     exploits people in a sexual or violent manner;

5.4     contains nudity, excessive violence, or offensive subject matter;

5.6     publicly posts information that poses or creates a privacy or security risk to any person;

5.7     constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

5.8     constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

5.9     involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

5.10   contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

5.11   furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

5.12   solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;

5.13   involves commercial activities and/or sales without prior written consent from TM such as contests, sweepstakes, barter, advertising, or pyramid schemes;

5.14   includes a photograph or video of another person that you have posted without that person's consent;

5.15   for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or

5.16   violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

You hereby agree not to involve, contribute, participate, engaging in any kind of activity that is illegal or prohibited on the Everyoneconnects.net. Prohibited activity includes, but is not limited to:

5.17   criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

5.18   advertising to, or solicitation of, any person to buy or sell any products or services through the unauthorized or impermissible use of TM. You may not transmit any chain letters or junk email to other person.

5.19   circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Everyoneconnects.net;

5.20   activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

5.21   covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page or any other means;

5.22 interfering with, disrupting, or creating an undue burden on the Everyoneconnects.net or the networks or services connected to the Everyoneconnects.net;

5.23   impersonating or attempting to impersonate Everyoneconnects.net;

5.24   selling or otherwise transferring your profile, your email address or URL;

5.25   using or distributing any information obtained from the Everyoneconnects.net in order to harass, abuse, or harm another person or entity, or attempting to do the same;

5.26   displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Everyoneconnects.net on behalf of that person;

5.27   relaying email from a third party's mail servers without the permission of that third party;

5.28   using invalid or forged headers to disguise the origin of any Content, or otherwise misrepresenting yourself or the source of any message or Content; or

5.29 engaging in, either directly or indirectly, or encouraging others to engage in, click-through generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or

5.30   using the Everyoneconnects.net in a manner inconsistent with any applicable laws, regulations and by-laws, social customs, practices, political systems and religious beliefs.

Even though all of the above Content is strictly prohibited, there is a small chance that you may become exposed to such items while using the Everyoneconnects.net. If so, neither we nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure.TM reserves the right to investigate and take appropriate legal action against anyone who, in TM's sole discretion, violates this provision, including, without limitation, reporting such activity or Content to law enforcement authorities.

6. Proprietary Rights in Content. (a) Rights in Content Posted by TM or other members. TM owns and retains all proprietary rights in the Everyoneconnects.net. The Everyoneconnects.net contains certain copyrighted material, including links and compilations of individual data, trademarks and service marks and other proprietary information of TM and our licensors. TM hereby grants you a limited, revocable, non-sublicensable license to download, copy, modify, reproduce or display the Content, only limited to the musical song or sound (excluding lyrics) posted by TM solely for your personal use only (“mash-up Content”) in connection with viewing the Everyoneconnects.net and in addition, TM owns and retains all proprietary rights for the mash-up Content modified, reproduced or posted by you. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Everyoneconnects.net.

 (b) Rights in Content Posted by You. By publishing, displaying or uploading any Content on or to the Everyoneconnects.net, you automatically grant, and you represent and warrant that you have the right to grant, to TM an irrevocable, perpetual, nonexclusive, fully-paid and worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses of the foregoing, including, without limitation, through the applications, widgets, websites or mobile, desktop or other services, in any media formats and through any media channels. You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the Everyoneconnects.net, (ii) the posting of your Content on, through or in connection with the Everyoneconnects.net does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) you shall not post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner.

7. Removal of Content. You understand and agree that TM may review and delete any Content that you posted in the Everyoneconnects.net that TM, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal or (3) might violate the rights of, harm or threaten the safety of any other user. In addition, TM reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Everyoneconnects.net.

8. Member Disputes. You are solely responsible for your interactions with other users, third party developers or any other parties with whom you interact through the Everyoneconnects.net and/or Third Party Materials. TM reserves the right, but has no obligation, to become involved in any way with these disputes.

9. Disclaimers and Limitation of Liability. TM is not responsible for any incorrect or inaccurate Content posted on the Everyoneconnects.net, whether made or caused by users of the Everyoneconnects.net, our advertisers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of the Everyoneconnects.net. TM is not responsible for the conduct, whether online or offline, of any member or other user of the Everyoneconnects.net. Under no circumstances will TM be responsible for any loss, liability or damage, including personal injury or death or property damage, resulting from or arising out of anyone's use of the Everyoneconnects.net, any Content posted on the Everyoneconnects.net or transmitted to members or other users or any interactions between or among members or other users of the Everyoneconnects.net, whether online or offline. TM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user. TM is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. TM is not responsible for any injury or damage to any computer equipment belonging to any user of the Everyoneconnects.net or any other person related to or resulting from use of the Everyoneconnects.net, viewing, playing or downloading any materials on or from the Everyoneconnects.net. The Everyoneconnects.net is provided "AS IS", “WHERE IS” and “IS AVAILABLE” basis, except as otherwise prohibited by applicable law, TM expressly disclaims any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. TM cannot guarantee and do not promise any specific results from use of the Everyoneconnects.net. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall TM be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if TM has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use the Everyoneconnects.net any changes to the Everyoneconnects.net and unauthorised access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Everyoneconnects.net or arising in connection with the fraudulent or unlawful acts of any third party. You specifically agree that TM 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. If you are dissatisfied with the Everyoneconnects.net, the materials available on or through the Everyoneconnects.net or with the provisions of this Agreement, you agree that your sole and exclusive remedy is to discontinue using the Everyoneconnects.net.

10. Indemnity. You agree to indemnify and hold TM and its subsidiaries, affiliates, officers, agents, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Everyoneconnects.net (including the posting by you of any Content on the Everyoneconnects.net) in violation of this Agreement, (b) any other breach of this Agreement by you or (c) any breach of your representations and warranties set forth above.

11. Applicable Laws. This Agreement is governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and TM regarding this Agreement will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction. You agree that the Everyoneconnects.net shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by TM in and from Malaysia.

12. Entire Agreement. This Agreement contains the entire understanding between the parties hereto with respect to the Everyoneconnects.net, and supersedes all previous oral or written agreements or understandings between you and TM, and no advice or information, whether oral or written, obtained by you from the Everyoneconnects.net (whether before or after the date you accept this Agreement) shall create any obligation or warranty on the part of TM not expressly stated herein.

13. Waiver and Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect, and if any provision(s) of the Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This Agreement shall not be construed against any party as the principal draftsperson hereof. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. TM's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by TM in writing.

14. Assignment. TM may assign its rights and duties under this Agreement to any party at any time without notice to you and this Agreement shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and TM or between TM and any other user of the Everyoneconnects.net.

15. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: Clause 2 (Term), Clause 6 (Proprietary Rights in Content), Section 9 (Disclaimers and Limitation of Liability), Clause 10 (Indemnity), Clause 11 (Applicable Laws), and Section 13 (Waiver and Severability) and Clause 15 (Survival).