INTRODUCTION

Stadiumastro.com.my is a Malaysian sports website focused on both local and international sports news content. The site also provides a social networking service that allows Members to upload and create unique personal content online in order to communicate with the sports audience of Stadiumastro.com.my. The Stadium Astro Services include the Website, the Stadium Astro Internet messaging service, and any other features, content, or applications offered from time to time by Stadium Astro (collectively “Stadium Astro Services” which are further defined below). The Stadium Astro Services are hosted in Malaysia.

The Stadium Astro Services are operated by Digital Five Sdn Bhd (formerly known as Multimedia Interactive Technologies Sdn Bhd), A subsidiary of Astro All Asia Networks (“Astro”). By using the Website you agree to be bound by these Terms of Use & Notices (“TOU & Notices”). In addition, if you are an individual who wishes to become a Member, communicate with other Members, and use of the Stadium Astro Service, you must read this TOU & Notices and indicate your acceptance of its terms by following the instructions on the “Registration” page, and checking the box labelled “I agree to Stadium Astro’s Terms Of Use & Notices.”

If you do not agree to these terms of use, you may not use the Stadium Astro Site.

Note that special terms apply to some services offered on the Stadium Astro Sites, like rules for particular contests  or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

PLEASE READ.

DEFINITIONS

In the TOU and Notices, unless inconsistent with the context or otherwise specified, the following expressions shall have the meanings set forth:

“Astro Content” shall mean all forms of text, graphics, video and/or audio made available on or through the Website by Astro.

“Astro Group” shall mean Astro All Asia Networks plc. (“AAAN plc.”) and any person or entity  controlled by, or under common control with AAAN plc. "Control" means ownership of shares carrying fifty percent (50%) or more of the votes exercisable at a general meeting (or its equivalent) of a company.

“Astro Service” shall mean the satellite pay-television services and other interactive services made available to you by the Astro Group.

 “E-PASS” shall mean a membership service provided by Astro which allows registered members to participate in member-specific services such as contests and online services on some of Astro Group’s  websites SUBJECT to the terms and conditions of each of Astro Group’s respective websites via a one-time registration only, and “E-PASS Account”shall refer to an account created for a member registered for the E-PASS service.

“E-PASS Account Holder” shall mean a person who has registered for and is a member of the  E-PASS service

“License Agreement” shall mean the licence and terms and conditions for use of the Software

“Linked Website” shall mean links from the Website to third party websites.

“Member” shall mean an E-PASS Account Holder who has completed the requisite information required for the relevant services on the Website including services but not limited to newsletters, games, forums, blogs, fantasy and “Membership” shall be construed accordingly

 “Stadium Astro Content” shall mean all forms of text, graphics, video and audio made available on or through the Website, including Astro Content and User Generated Content.

“Stadium Astro Mobile Download Service” means a selection of mobile downloads via the Website and/or the Stadium Astro Services including without limitation, messages, files, data, images, photographs, software, ring tones, pictures, logos and other materials that may be downloaded to a mobile phone.

“Stadium Astro Profile” means a Member’s personal information entered specifically for services on the Website provisionally entitled “Geng Stadium Astro” which comprises of “Private” and “Public” profile information as detailed out in Section 7.9(a) below.

“Stadium Astro Services” shall mean the provision of services such as personal accounts, online tools, premium content subscriptions, exclusive memberships, instant messaging, webcasting, streaming, embeddable players, mobile download services and other services created by Astro from time to time.

“Preview Content” shall mean Astro Content and selected User Generated Content that has been edited by Astro and Posted on the Website for the viewing and browsing benefit of visitors to the Website

“Post” shall mean to publish, display, submit and/or upload.

"You" shall mean any user of the Website which shall include an E-PASS Account Holder and Member  and "your" shall be interpreted accordingly.

“Software” means any software used in connection with the Website developed by or licensed to Astro, excluding Embeddable Player.

 “Streaming” shall mean a contemporaneous digital transmission of an audiovisual work via the internet from the Stadium Astro Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.

“User Generated Content” shall mean contribution (including any text, links, photographs, graphics, video or audio or other data or information) posted by an E-PASS Holder on the Website.

“Website” shall mean the website owned and/or operated by Digital Five Sdn Bhd (formerly known as Multimedia Interactive Technologies Sdn Bhd), under the URL www.stadiumastro.com.my and or www.stadiumastro.com containing Stadium Astro Content and offering Stadium Astro Services

PERSONAL DATA AND PRIVACY
To learn about how Astro collects & protects your personal data, refer to our Privacy Policy. Any non-personal information or material sent to Astro by you will generally NOT be treated as confidential.

1. ELIGIBILITYAND ACCEPTANCE OF TERMS – GENERAL

1.1 If you are under the age of eighteen (18), you must seek parental and/or guardian approval before accessing the Website and/or use the Stadium Astro Services. Astro considers it the responsibility of parents and/or guardian to monitor their children use of the Website and Stadium Astro Services. Use of the Website and membership in the Stadium Astro Services is void where prohibited. By agreeing to these terms or by using the Website , you represent and warrant that you have the right, authority and capacity to enter into this agreement comprising the TOU & Notices and to abide by all of the terms and conditions of the TOU & Notices.

1.2 The use and access of the Website is subject to this TOU & Notices. By accessing and using the Website you agree to be bound by this TOU, and any Notices (which term shall include guidelines and rules) which may be posted by Astro on the Website from time to time.

1.3 You agree that Astro may modify and amend this TOU & Notices at any time without notice. Unless explicitly stated otherwise, any new service introduced by Astro shall be subject to this TOU. All such Notices are hereby incorporated by reference into the TOU. You are responsible for regularly reviewing Astro’s TOU & Notices posted on the Website. By continuing to use the Website, you are deemed to have agreed to be bound by any modifications and amendments to this TOU & Notices.

1.4 You can access the Website home page and browse the Website without disclosing your personal data. The service and links of the Website may include links to third party websites and are subject to Clause 15 herein.

1.5 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’s use as set out in this terms and conditions. By submitting your information you consent to these transfers.

2. WEBSITE

2.1 These TOU and Notices, unless stated as applicable to E-PASS Holders and/or Members, apply to all visitors and users of the Website.

2.2 The Website may contain links to third party websites that are not owned or controlled by Astro. Astro has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Astro will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Astro from any and all liability arising from your use of any third-party website.

2.3 Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. REGISTRATION, USE AND SECURITY

3.1 In order to access some features of the Website, you will have to first register as an E-PASS Account Holder. To register as an E-PASS Account Holder, you must provide the information required in the E-PASS Account registration form. You will need to provide a unique password and user ID upon completing the E-PASS Account registration process. You are responsible for maintaining the confidentiality of the password and user ID, and are fully responsible for all activities that occur under your password or user ID whether or not actually or expressly authorized and/or used by you. You may be required to provide further information and complete registration forms as required to access some or all of the Stadium Astro Services on the Website.

3.2 Astro reserves the right to terminate any dormant E-PASS Account that has not been used for a period of six months or longer.

3.3 Information on the Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Astro may also make improvements and/or changes to the Website and to the fees and rates for the Stadium Astro Services, at any time without notice.

3.4 You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the E-PASS Account registration form;(b) maintain and promptly update such registration data to keep it accurate, current and complete; and (c) you may never use another’s account without permission. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Astro suspects that such information is untrue, inaccurate, not current or incomplete, Astro has the right to suspend or terminate your E-PASS Account and refuse any and all current or future use of the Website (or any part thereof).

3.5 The Website may not be available to all devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access the Website and assume all risk associated therewith.

3.6 The Website may not be available to be accessed from all regions and countries of the world. Astro reserves the right, in its sole discretion, to limit or terminate your ability to access the Website from certain regions or countries, and you assume all risk associated with the accessibility of the Stadium Astro Service Website from any given region or country of the world.

3.7 Astro reserves the right to limit or prohibit your entry into its website in its sole discretion and shall not be liable for such limitation or prohibition.

3.8 Organizations, companies and/or businesses may not become E-PASS Account Holders or become a registered member of the Website and should not use the Website or the Stadium Astro Service for any purpose. In addition, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your User Generated Content or Stadium Astro Profile created under the “Geng Stadium Astro” services or other content uploaded on the Website for the purposes of extracting such information or other content.

4. USE OF CONTENT
4.1 All information, materials, functions and other content contained on the Stadium Astro Site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Stadium Astro Site or delete Content or features at any time, in any way, for any or no reason.

4.2 Except as we specifically agree in writing, no Content from any Stadium Astro Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Stadium Astro Site.

5. YOUR CONDUCT - GENERAL USE OF THE WEBSITE

5.1 You agree to use the Website only for lawful purposes and in accordance with this TOU & Notices and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.

5.2 You agree to (a) notify Astro immediately of any unauthorised use or any other breach of security, and (b) ensure that you exit from your E-PASS Account at the end of each session. Astro cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

5.3 Your E-PASS Account is not transferable and may not be assigned to any third party. The Website is provided to you for internal, personal use by you only. You may not allow any other person to: (a) resell, timeshare, sublicense, or otherwise transfer all or any portion of the Website to any other party; or (b) make commercial use of the Website without the express written consent of Astro.

5.4 You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through the Stadium Astro Services. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding on-line communication in the country in which you reside.

5.5 You may not use the Website in any manner that could damage, disable, overburden, or impair the Website (or the network(s) connected to the websites of the AstroGroup, the Stadium Astro Services and Astro.tv (broadband) service) or interfere with any other party's use and enjoyment of the Stadium Astro Services. You may not attempt to gain unauthorized access to the Website and other E-PASS Accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

5.6 You agree to be responsible for payment of all applicable charges incurred as a result of your use of the Stadium Astro Services, including but not limited to the use or misuse by an unauthorised third party, or any error, accidental use or loss.

5.7 You agree not to distribute in any medium any part of the Website, including but not limited to User Generated Content , without Astro’s prior written authorization.

5.8 You agree not to alter or modify any part of the Website, including but not limited to the embedded player or any of its related technologies.

5.9 You agree not to access the User Generated Content or Stadium Astro Content through any technology or means other than the embeddable player or other explicitly authorized means Astro may designate.

5.10 You agree not to use the Website, including the embeddable player for any commercial use without prior written authorization of Astro.

5.11 Astro reserves the right to discontinue any aspect of the Website at any time.

6. YOUR USE OF CONTENT ON THE SITE

6.1 In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.

6.2 The Stadium Astro Content, except all User Generated Content, including without limitation, the text, software, scripts, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Astro, subject to copyright and other intellectual property rights under the law. The Stadium Astro Content is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent of the respective owners save and except as expressly authorized by Astro. Astro reserves all rights not expressly granted in and to the Website and the Stadium Astro Content.

6.3 You may access certain Stadium Astro Content including the Preview Content only in a manner and subject to conditions as stated under this Agreement. As a non-Member, you may not access any User Generated Content, except in so far as it is made available as part of the Preview Content by Astro.

6.4 You agree not to engage in the use, copying, or distribution of any or all of the Stadium Astro Content other than expressly permitted herein, including any use, copying, or distribution of any part of the Stadium Astro Content for any commercial purposes.

6.5 You agree that when using the Website, you may be exposed to User Generated Content from a variety of sources, and that Astro is not responsible for the accuracy, usefulness, safety, protection or integrity of or intellectual property rights relating to such User Generated Content. You further understand and acknowledge that you may be exposed to User Generated Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have to may have against Astro with respect thereto, and agree to indemnify and hold Astro, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.


7. YOUR USER GENERATED CONTENT AND CONDUCT

7.1 As a Member, you may have access to the User Generated Content but such access shall be solely:
for your information and personal use;
as intended through the normal functionality of the Stadium Astro Service;
for Streaming. Accessing audiovisual works in the User Generated Content comprising of for any purposes or in any manner other than Streaming is expressly prohibited. The audiovisual works are made available “as is”.

7.2 User Generated Content are made available to you for your information and personal use solely as intended through the normal functionality of the Stadium Astro Services. User Generated Content are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Stadium Astro Service or otherwise as prohibited under this Agreement.

7.3 As a Member, you may be invited to Post any User Generated Content on or to the Website (including on or to your profile) and you agree, by submitting your contribution, to grant Astro a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, edit, modify, adapt, publish, translate, create derivate works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full terms of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in Astro’s Privacy Policy.

7.4 You also hereby grant each Member of the Website a non-exclusive license to access your USER GENERATED CONTENT through the Website, and to use such USER GENERATED CONTENT ONLY as permitted through the functionality of the Website as detailed in clause 7.1 above only under these TOU and Notices.

7.5 You understand and agree that Astro may retain and store, but not display, distribute, or perform, server copies of USER GENERATED CONTENT that have been removed or deleted. The above licenses granted by you to Astro in USER GENERATED CONTENT is irrevocable.

7.6 Further to paragraph 7.3 above, by submitting your User Generated Content to the Website, you

7.6..1 warrant that :
(a) your User Generated Content is your own original work or have the necessary license, rights, consents, and permissions to use and authorize Astro to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all USER GENERATED CONTENT to enable inclusion and use of the USER GENERATED CONTENT in the manner contemplated by the Website and these TOU and Notices and that you have the right to make it available to Astro for all the purposes specified above;
(b) your User Generated Content is not defamatory;
(c) your User Generated Content  does not infringe any law; 
(d) you shall be solely responsible for your own User Generated Content and the consequences of Posting or publishing them;
(e) you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post material and  to grant Astro all of the license rights granted herein;
(f) you shall indemnify Astro against all legal fees, damages and other expenses that may be incurred by Astro as a result of your breach of the above warranty; and
(g) waive any moral rights in your User Generated Content for the purposes of its submission to and publication on the Website and the purposes specified above.

7.7 You understand that whether or not such User Generated Content is Posted, Astro does not guarantee any confidentiality with respect to any User Generated Content.

7.8 Astro does not endorse any USER GENERATED CONTENT or any opinion, recommendation, or advice expressed therein, and Astro expressly disclaims any and all liability in connection with USER GENERATED CONTENT. Astro does not permit activities which infringe intellectual property rights including copyright on its Website, and Astro will remove all infringing contents and USER GENERATED CONTENT upon notification that such Stadium Astro Content or USER GENERATED CONTENT infringes on another’s intellectual property rights. Astro further reserves the right to remove Stadium Astro Content and USER GENERATED CONTENT without prior notice.

7.9(a) Stadium Astro Profile : The Stadium Astro Services include an online community feature provisionally entitled “Geng Stadium Astro” which allows Members to connect with people through networks of friends for communicating, sharing, and making new friends and Members can share with others or post to their own member profile, videos, articles or Stadium Astro Content including your User Generated Content that you post on the Website (BUT NOT User Generated Content belonging to third parties/other Members) from and to third party sites, and/or links to third party sites, through the Stadium Astro Services and which allows Members to determine who may view their profile. These levels are: "Private, and "Public." As a Member, you may choose to allow your Stadium Astro profile to be viewed by any visitor of the Website and such access is categorised as "public." You should be aware that anyone who accesses the Website, whether or not they are a Member, will be allowed to view all of the information in your public profile. Your public profile will be available to anyone, regardless of the level of access you have chosen for your full Stadium Astro profile. WHEN CHOOSING THESE OPTIONS, PLEASE CONSIDER CAREFULLY THE LEVEL OF ACCESS YOU WISH TO ALLOW TO YOUR STADIUM ASTRO PROFILE, AS WELL AS WHETHER YOU WANT YOUR FULL NAME TO BE AVAILABLE TO THE GENERAL PUBLIC.

(i) Public Profile Information.
Regardless of what personal information you choose to include in your Stadium Astro profile, or what level of sharing of your profile you choose, certain information about every Stadium Astro Member will be included in that Member's "public profile." A Member's public profile is an abbreviated version of the Member's regular Stadium Astro profile, containing the information listed below, which will be available to any user of the Website, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each individual Member's public profile includes the following information about the Member:

• Name (first, or first and last, depending on which option the Member chooses)
• Username (the name that the user chooses to be identified as in Member-related pages and articles)
• Gender
• Age
• Marital Status (or the Member's other response to this category of the Stadium Astro  profile)
• People the Member is interested in meeting (e.g., "Dating Men," "Dating Women," "Friends," etc.)
• Location
• Hometown
• "Member Since" date
• The URL of the Member's Stadium Astro profile
• Networks (a list of social networking sites – Friendster, Facebok, MySpace, etc that user belong to with click-through links to these profile pages)
• Friends (list of Stadium Astro-member friends with click-through links to their pages)
• Photos (thumbnail list of Stadium Astro photos gathered from within the Stadium Astro site that user has saved from)
• News (list of news or gossip articles from the Stadium Astro site that user has saved from)
• Comments (list of user’s own comments to parts of Stadium Astro articles in which user has contributed to)
• Messages (text messages from other Stadium Astro friends and members) 

(ii) Private Profile Information
On top of the public profile information, every Stadium Astro member will be given access to a Private Profile page. This is accessible only by the Member. He/she will need to log into the Stadium Astro membership system (via E-PASS) to access this information. Each individual Member's private profile includes the following additional information about the Member:

• User’s Malaysian NRIC number
• Date of Birth
• Mobile Phone Number
• Username
• Password
• Email address

(b) Removal of Content.
You understand and agree that we may review and delete any User Generated Content that you include in your profile, or otherwise Post on any area of the Website (which may include deleting your entire profile) at any time without notice and for any reason, and/or that we, 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 Member.

(c) Member Identities.
Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or another individual who is not you.
 
(d) Prohibited User Generated Content. Below is a partial list of the kind of User Generated Content that is illegal or prohibited on the Website. Posting of any of this User Generated Content by you may, in our sole discretion, result in termination of your membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and reporting such violators to the appropriate legal authorities. Prohibited User Generated Content includes, but is not limited to, User Generated Content which, in our sole judgment:

• is patently offensive to the online community, such as Stadium Astro Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;
• includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous;
• constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images, or video, or links to pirated music, image, or video files, or (4) Stadium Astro Content which otherwise violates the terms of Section 7.9 above;
• displays pornographic or sexually explicit material of any kind;
• includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• solicits passwords or personally identifying information for commercial or unlawful purposes from other Members;
• constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, or advertising; or
• solicits people you don't know to add you or accept you as a friend on the Service.
• solicits and engages in political discussions

Even though all of the above User Generated Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the Website or the Stadium Astro Service. 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 (to or from any party) related to any such exposure. Please see Section 12 below for further limitations on our liability.


(e) Further Restrictions on Your Use of the Website and the Service.

• You must use the Website and the Stadium Astro Service in a manner consistent with any and all applicable laws and regulations.
• Although Astro cannot monitor the conduct of its Members off the Website, it is a violation of this Agreement to use any information obtained from the Service or the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member and Astro. In order to protect our Members from such conduct, we reserve the right to restrict the number of e-mails or other communications which a Member may send to other Members at any time and in our sole discretion.

(f) Copyright Protection Policy.
If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement or if you have any form of complaint or grievances in relation to the User Generated Content Posted on the Website, please contact us at feedback@stadiumastro.com          
   
(g) Member Disputes.
You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members, and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including the termination of the membership of one or more Members. 

8. ACCOUNTS

Some services on the Stadium Astro Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at security_breach@help.go.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Stadium Astro Site. In addition, you agree to exit from your account at the end of each session.


9. ACCOUNT TERMINATION/ACCESS RESTRICTION

9.1 Without limiting anything herein contained, Astro reserves the right to suspend or terminate the Website, your Membership and/or your use of the E-PASS Account at any time without notice and for any reason.

9.2 In addition to any termination rights Astro may have under this TOU & Notices, Astro may suspend or terminate your E-PASS Account, Membership and/or access to the Website without notice and in its sole discretion if:

9.3 Astro, at its sole discretion ceases to offer any free, trial, or promotional services, but such termination or suspension shall solely relate to such services; or

9.4 for inactivity, which is defined as failing to log into your E-PASS Account for an extended period of time, as specified in Section 3.2 above.

9.5 Astro suspects fraudulent use (Fraudulent use of an account may include but is not limited to: (a) permitting access to your user ID and password to third parties, or (b) entering invalid or apparently invalid user information for your E-PASS Account, or (c) attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-trial-per-user limitation) of the Website and/or your E-PASS Account ; or

Violations occur other than for copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.

9.6 You materially violate this TOU or any Notice posted from time to time on the Website, any applicable law, rule or regulation relating to the use of the Astro Service; or

9.7 Any law, regulation, or governmental action renders all or any portion of the Website(or your use of the Stadium Astro Service) unlawful or impracticable; or

9.8 Your use of your E-PASS Account or the Website impairs or threatens to impair the integrity or functionality of the Astro network in any manner; or

9.9 if Astro believes that you have violated or acted inconsistently with the letter or spirit of this TOU & Notices.

9.10 You agree that Astro shall not be liable to you or any third-party for any termination of your access to the Website, your E-PASS Account and/or Membership.

9.11 Astro may remove such User Generated Content and/or suspend and/or terminate a Member’s access for uploading such material in violation of these TOU and Notices at any time, without prior notice and at its sole discretion.

9.12 You may terminate and close your E-Pass Account by e-mailing at Astro ar wecare@astro.com.my from the e-mail address provided by you during the time you opened your E-PASS Account and your User ID and expressly state that you wish to termi8nate your E-PASS Account.


10. PUBLIC FORUMS AND COMMUNICATION

10.1 "Public Forum" means an area, site or feature offered as part of any Stadium Astro Site that offers the opportunity for users to Distribute Submissions for viewing by one or more Stadium Astro Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails).

10.2 You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regards to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

10.3 You are and shall remain solely responsible for the Submissions you Distribute on or through any Stadium Astro Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.

10.4 Also, you should be sceptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

10.5 We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.

11. CONTENT ACCESSIBLE THROUGH LINKS FROM STADIUM ASTRO SITE AND SEARCH RESULTS

11.1 You should be aware that when you are on the Stadium Astro Site, there are links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Stadium Astro Site or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

11.2 Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

12. DISCLAIMER & LIMITATION OF LIABILITY

12.1 Astro makes no warranty that the Website will meet your requirement or that the Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the Website or your E-PASS Account are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. All use of the Website is at your own risk and you are solely responsible for all damages resulting therefrom.

12.2 WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY USER GENERATED CONTENT (POSTED ON THE WEBSITE) OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.

12.3 We assume 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 or Member communications. We are 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 e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member, or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website, or otherwise in any way in connection with the Stadium Astro Service. The Website and the Stadium Astro Service are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Stadium Astro Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Website or the Stadium Astro Service shall create any warranty not expressly stated herein.

12.4 To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Astro be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if Astro 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 Website any changes to the Website and unauthorized 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 Website or arising in connection with the fraudulent or unlawful acts of any third party.

12.5 You specifically agree that Astro 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.

12.6 If you are dissatisfied with the Website, the materials available on or through the Stadium Astro Services, Website or with the provisions of this TOU & Notices, you agree that your sole and exclusive remedy is to discontinue using Website or any of Astro’s other products and services.

12.7 Astro will take reasonable measures to maintain the privacy and security of all private information provided by you to the Website, but third parties (such as hackers) may breach or attempt to breach Astro's security measures or may gain unauthorized access to the Astro database or other equipment containing your information. You agree that Astro shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of the Website or any other company equipment or user information.

12.8 The Website is controlled and offered by Astro from its facilities in Malaysia. Astro makes no representation that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own violation and are responsible for compliance with local law.

13. AMENDMENT

At any time, Astro may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If Astro makes such material amendment to these terms of use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Web sites covered by these terms of use. Any such amendment to these terms of use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Web Sites. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

14. INDEMNITY

14.1 You agree to indemnify, defend and hold Astro, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Astro Service and Website harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from (a)  your use of or conduct or access to and on the Website; (b) your violation of any term of this TOU & Notice; (c) your violation of any third party right, including without limitation any copyright, property or privacy rights; or (iv) any claim that one of your User Generated Content caused damage to a third party. This indemnification obligation will survive these TOU & Notices and your use of the Website.

14.2 The provisions of this paragraph are for the benefit of Astro and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Website. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

15. LINKS TO THIRD PARTY SITES

15.1 The Website may contain Linked Websites and include advertisements. You agree that Linked Websites and advertisements are necessary for Astro to provide the Stadium Astro Services. Such links and advertisements are provided to you only as a convenience. Astro shall not be responsible if the Linked Website is not working appropriately. Astro has no control over such websites and resources and shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and does not endorse any content, advertising, products, or other materials on or available from such websites or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature.

15.2 Any dealings with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that Astro 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 use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. Astro has no responsibility or liability for any merchant or your relationship with such merchant.

16. DISCLOSURE AND CONFIDENTIALITY

16.1 Astro reserves the right to disclose any personal information about you or your use of the Astro Service and without your prior permission if Astro in good faith, believes that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Astro or its holding or affiliated company; (3) enforce this TOU; or (4) act to protect the interests of its members or others.

16.2 Any non-personal information or material sent to Astro by you will generally NOT be treated as confidential.

16.3 For further details on use and disclosure of your personal information please see our Privacy Policy.

17. PROPRIETARY RIGHTS

COPYRIGHT

17.1 Stadium Astro Content found on the Website are protected by trademark, copyright, or other intellectual property laws and international treaties. Any commercial use of the Website and Stadium Astro Content found on the Website is strictly prohibited, without Astro’s express and prior written consent. Any reproduction or redistribution of Stadium Astro Services, and Stadium Astro Content, not in accordance with the TOU herein is expressly prohibited by law, and may result in severe civil and criminal penalties.

17.2 Further to paragraph 17.1 above, Astro owns and retains all proprietary rights in the Website and Stadium Astro Services. The Website contains certain copyrighted material, including links and compilations of individual date, trademarks, and other proprietary information of Astro, our Members, and our licensors and you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary materials or information without our express written consent in each case.

17.3 Elements of the Website, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

17.4 No logo, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted by Astro.

GRANT OF LICENSE AND RESTRICTIONS.

17.5 You acknowledge and agree that the Website and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Astro reserves all rights not expressly granted herein, including without limitation ownership and proprietary rights.

17.6 The Software is made available for downloading solely for use by you for your individual, non transferable, non-exclusive and non-commercial use, in connection with the Stadium Astro Services. The Software is made available solely for use by you in accordance with the terms of this TOU and the terms of applicable Licence Agreement which accompanies or is included with the Software. You may not install or use any part of the Software unless you first agree to the terms of this TOU and any License Agreement.

17.7 The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.

17.8 You may not copy the Software to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Software, except insofar as such restriction is prohibited by law.

17.9 Any reproduction or redistribution of the Software not in accordance with this TOU & Notices and any License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

17.10 The Software is provided "as is," and Astro hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

TRADEMARKS AND THIRD PARTY MATERIALS.

17.11 Astro reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively "Marks") and nothing in this TOU grants you the license to use such Marks. Additionally, other marks which appear on this site may be marks of third parties that are not affiliated with Astro. Astro and the Astro Group do not control or endorse the content of third party websites.

18. ASTRO MOBILE DOWNLOAD SERVICE

18.1 From time to time, Astro may provide you with the Stadium Astro Mobile Download Service.

18.2 You agree that you will be subject to an additional premium SMS charge for any mobile downloads. Such charges shall be made known to you on the Stadium Astro Mobile Download Service from time to time.

18.3 The charges stipulated in clause 19.2 will be in addition to the standard fee charged by your mobile phone operator.

18.4 Astro will not be responsible or liable for any problem, loss or damage of whatsoever nature suffered by you due to
any delay and/or failure in receiving and sending a SMS/MMS as a result of any network, communication or system error, interruption and/or failure experienced by the participating mobile phone operators and/or by Astro and/or resulting from participation or the downloading of any materials from the Stadium Astro Mobile Download Service.

18.5 You agree that for the mobile downloads to be downloaded successfully to your mobile phone, your mobile phone must be compatible with and supports the downloaded item. Mobile phone compatibility information is provided on the Stadium Astro Mobile Download Service, you are advised to read carefully before downloading any item. Astro shall not be liable should you attempt to download an item onto an incompatible mobile phone and you agree that the charges stated in clause 19.2 above shall still apply under such circumstances.

18.6 If you are under the age of eighteen (18), you must seek parental and/or guardian approval before downloading the mobile downloads from the Stadium Astro Mobile Download Service. Astro considers it the responsibility of parents and/or guardian to monitor their children(s) use of the Stadium Astro Mobile Download Service.


19. GENERAL

19.1 This TOU & Notices are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and Astro regarding this TOU & Notices 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 Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by Astro in and from Malaysia.

19.2 This TOU & Notices contain the entire understanding between the parties hereto with respect to the Website, and supersedes all previous oral or written agreements or understandings between you and Astro, and no advice or information, whether oral or written, obtained by you from this Website (whether before or after the date you accept this TOU& Notices) shall create any obligation or warranty on the part of Astro not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by the Astro Group, third-party content, third pary website or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TOU & Notices.

19.3 Astro's performance of this TOU & Notices is subject to existing laws and legal process, and nothing contained in this TOU & Notices is in derogation of Astro's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Astro with respect to such use.

19.4 If any provision of this TOU & Notices is held invalid, the remainder of this TOU & Notices will continue in full force and effect, and if any provision(s) of the TOU & Notices 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 TOU & Notices shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU & Notices and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.

19.5 Astro's failure to insist upon or enforce strict performance of any provision of this TOU & Notices shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by Astro in writing.

19.6 Notices to you shall not be modified, except by an express modification by Astro as described herein and may be made via either email or regular mail or by displaying notices or links to notices to you generally on the Astro Service.

19.7 You may not assert any claim against Astro in connection with the Website unless you have given Astro written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

19.8 Astro may assign its rights and duties under this TOU to any party at any time without notice to you and this TOU shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.

19.9 In the event that these TOU are translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

19.10 Should you have any questions concerning this TOU or this Website, please contact us at feedback@stadiumastro.com