1.0 ACCEPTANCE OF TERMS
This Classifieds ("Service"), owned and operated by
Bestiklan.com, is provided
to you ("you" or "Applicant") subject to the following Terms of Use. By
using the Service in any way, you are agreeing to comply with our Terms Of Use. In
addition, when using particular Bestiklan.com services, you agree to abide by any
applicable posted guidelines for all Bestiklan.com services, which may change from time
to time. Should you object to any term or condition of the Terms of USe, any guidelines,
or any subsequent modifications thereto or become dissatisfied with
Bestiklan.com in any
way, your only recourse is to immediately discontinue use of Bestiklan.com.
2.0. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes.
3.0. CONTENT
You understand that all postings, messages, text, files, images, photos,
videos, sounds, or other materials ("Content") posted on, transmitted through,
or linked from the Service, are the sole responsibility of the person from whom
such Content originated. More specifically, you are entirely responsible for
each individual item ("Item") of Content that you post, email or otherwise make
available via the Service. You understand that Bestiklan.com does not control, and is
not responsible for Content made available through the Service, and that by
using the Service, you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable. Furthermore, the
Bestiklan.com site
and Content available through the Service may contain links to other websites,
which are completely independent of Bestiklan.com. We makes no representation or
warranty as to the accuracy, completeness or authenticity of the information
contained in any such site. Your linking to any other websites is at your own
risk.
You agree that you must evaluate, and bear all risks associated with, the
use of any Content, that you may not rely on said Content, and that under no
circumstances will Bestiklan.com be liable in any way for any Content or for any loss or
damage of any kind incurred as a result of the use of any Content posted,
emailed or otherwise made available via the Service. You acknowledge that
Bestiklan.com
does not pre-screen or approve Content, but that Bestiklan.comshall have the right (but
not the obligation) in its sole discretion to refuse, delete or move any Content
that is available via the Service, for violating the letter or spirit of the
Terms of Use
or for any other reason.
4.0. THIRD PARTY CONTENT, SITES, AND SERVICES
The
Bestiklan.com site and Content available through the Service may contain
features and functionalities that may link you or provide you with access to
third party content which is completely independent of Bestiklan.com, including web
sites, directories, servers, networks, systems, information and databases,
applications, software, programs, products or services, and the Internet as a
whole.
Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You should
make whatever investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties.
You agree that
Bestiklan.com shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there is a
dispute between participants on this site, or between users and any third party,
you understand and agree that Bestiklan.com is under no obligation to become involved.
In the event that you have a dispute with one or more other users, you hereby
release Bestiklan.com, its officers, employees, agents and successors in rights from
claims, demands and damages (actual and consequential) of every kind or nature,
known or unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way related to such disputes and / or our service.
5.0. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please send your notify to Bestiklan.com support through
Contact Us
6.0 PRIVACY AND INFORMATION DISCLOSURE
Your use of Bestiklan.com website or the Service signifies acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and agree that
Bestiklan.com may, in its sole discretion, preserve or disclose your Content, as well as
your information, such as email addresses, IP addresses, timestamps, and other
user information, if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: comply with legal
process; enforce the Terms of Use; respond to claims that any Content violates the rights
of third-parties; respond to claims that contact information (e.g. phone number,
street address) of a third-party has been posted or transmitted without their
consent or as a form of harassment; protect the rights, property, or personal
safety of Bestiklan.com, its users or the general public.
7.0 CONDUCT
You agree not to post, email, or otherwise make available Content:-
that is unlawful, harmful,
threatening, abusive, harassing, defamatory, libelous, invasive of another's
privacy, or is harmful to minors in any way;
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that is pornographic or
depicts a human being engaged in actual sexual conduct including but not
limited to (i) sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or opposite
sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or pubic
area of any person;
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that harasses, degrades,
intimidates or is hateful toward an individual or group of individuals on
the basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability;
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that violates the Fair
Housing Act by stating, in any notice or ad for the sale or rental of any
dwelling, a discriminatory preference based on race, color, national origin,
religion, sex, familial status or handicap (or violates any state or local
law prohibiting discrimination on the basis of these or other
characteristics);
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that violates federal, state,
or local equal employment opportunity laws, including but not limited to,
stating in any advertisement for employment a preference or requirement
based on race, color, religion, sex, national origin, age, or disability.
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that impersonates any person
or entity, including, but not limited to, a Bestiklan.com employee, or
falsely states or otherwise misrepresents your affiliation with a person or
entity (this provision does not apply to Content that constitutes lawful
non-deceptive parody of public figures.);
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that includes personal or
identifying information about another person without that person's explicit
consent;
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that is false, deceptive,
misleading, deceitful, misinformative, or constitutes "bait and switch" or
not clear description which just ask for reply for more information;
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that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party,
or Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships;
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that constitutes or contains
"Home Typist", "Earn X amount money easy", "Home workers", "MLM With No
Products", "Matrix", "Junk mail", "Spam", "Chain letters", "Pyramid
schemes", "Loan by phone or email schemes", "Send more for more
information", unsolicited commercial advertisement or other schemes;
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that constitutes or contains
any form of advertising or solicitation if: posted in areas of the
Bestiklan.com sites which are not designated for such purposes; or emailed
to Bestiklan.com users to contact them about other services, products or
commercial interests.
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that relates to tangible
products outside of Malaysia. (IP address of the original ad author would be
verified for all ads);
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any scam attempts. If you
post a scam ad, we will detect it and notify your local law enforcement
agency!
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that advertises any
illegal service or the sale of any items the sale of which is prohibited or
restricted by any applicable law, including without limitation items the
sale of which is prohibited or regulated by Malaysia law.
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that contains software
viruses 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;
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that disrupts the normal flow
of dialogue with an excessive amount of Content (flooding attack) to the
Service, or that otherwise negatively affects other users' ability to use
the Service; or
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that employs misleading email
addresses, or forged headers or otherwise manipulated identifiers in order
to disguise the origin of Content transmitted through the Service.
Additionally, you agree not
to:
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contact anyone who has asked
not to be contacted;
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"stalk" or otherwise harass
anyone;
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collect personal data about
other users for commercial or unlawful purposes;
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use automated means,
including spiders, robots, crawlers, data mining tools, or the like to
download data from the Service - unless expressly permitted by Bestiklan.com;
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post non-local or otherwise
irrelevant Content, repeatedly post the same or similar Content or otherwise
impose an unreasonable or disproportionately large load on our
infrastructure;
-
post the same item or service
in more than one classified category;
-
post size codes in
advertisement to disproportionate the display size of the website.
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attempt to gain unauthorized
access to Bestiklan.com computer systems or engage in any activity that
disrupts, diminishes the quality of, interferes with the performance of, or
impairs the functionality of, the Service or the Bestiklan.com website; or
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use any form of automated
device or computer program that enables the submission of postings on
Bestiklan.com without each posting being manually entered by the author
thereof (an "automated posting device"), including without limitation, the
use of any such automated posting device to submit postings in bulk, or for
automatic submission of postings at regular intervals.
8.0 POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers
to post Content to the Service on behalf of others. To moderate demands on
Bestiklan.com resources, you may not use a Posting Agent to post Content to the
Service without express permission or license from Bestiklan.com.
Correspondingly, Posting Agents are not permitted to post Content on behalf of
others, to cause Content to be so posted, or otherwise access the Service to
facilitate posting Content on behalf of others, except with express permission
or license from Bestiklan.com.
9.0 NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to
Bestiklan.com email addresses or through Bestiklan.com computer systems, which
is expressly prohibited by these Terms of Use.
10.0. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an
access fee permitting Content to be posted in a designated area. Each party
posting Content to the Service is responsible for said Content and compliance
with the Terms of Use. All fees paid will be non-refundable in the event that
Content is removed from the Service for violating the Terms of Use.
11.0. LIMITATIONS ON SERVICE
You acknowledge that Bestiklan.com may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained by
the Service, the maximum number and size of postings, email messages, or other
Content that may be transmitted or stored by the Service, and the frequency with
which you may access the Service. You agree that Bestiklan.com has no
responsibility or liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that Bestiklan.com
reserves the right at any time to modify or discontinue the Service (or any part
thereof) with or without notice, and that Bestiklan.com shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Service.
12.0 ACCESS TO THE SERVICE
Bestiklan.com grants you a limited, revocable, nonexclusive license to access
the Service for your own personal use. This license does not include:
a) access to the Service by Posting Agents; or b) any collection, aggregation,
copying, duplication, display or derivative use of the Service nor any use of
data mining, robots, spiders, or similar data gathering and extraction tools for
any purpose unless expressly permitted by Bestiklan.com. A limited exception to
(b) is provided to general purpose internet search engines and non-commercial
public archives that use such tools to gather information for the sole purpose
of displaying hyperlinks to the Service, provided they each do so from a stable
IP address or range of IP addresses using an easily identifiable agent and
comply with our robots.txt file. "General purpose internet search engine" does
not include a website or search engine or other service that specializes in
classified listings or in any subset of classifieds listings.
Bestiklan.com permits you to display on your website, or create a hyperlink on
your website to, individual postings on the Service so long as such use is for
noncommercial and/or news reporting purposes only (e.g., for use in personal web
blogs or personal online media). You may also create a hyperlink to the home
page of Bestiklan.com sites so long as the link does not portray Bestiklan.com,
its employees, or its affiliates in a false, misleading, derogatory, or
otherwise offensive matter.
Bestiklan.com offers various parts of the Service in RSS format so that users
can embed individual feeds into a personal website or blog, or view postings
through third party software news aggregators. Bestiklan.com permits you to
display, excerpt from, and link to the RSS feeds on your personal website or
personal web blog, provided that (a) your use of the RSS feed is for personal,
non-commercial purposes only, (b) each title is correctly linked back to the
original post on the Service and redirects the user to the post when the user
clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'Bestiklan.com'
as the source, (d) your use or display does not suggest that Bestiklan.com
promotes or endorses any third party causes, ideas, web sites, products or
services, (e) you do not redistribute the RSS feed, and (f) your use does not
overburden Bestiklan.com systems. Bestiklan.com reserves all rights in the
content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by
Bestiklan.com immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the the
Service or any Content made available via the Service for other purposes
(including commercial purposes) not stated herein, you must first obtain a
license from Bestiklan.com.
13.0 TERMINATION OF SERVICE
You agree that Bestiklan.com, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if
Bestiklan.com believes that you have acted inconsistently with the letter or
spirit of the Terms of Use. Further, you agree that Bestiklan.com shall not be
liable to you or any third-party for any termination of your access to the
Service. Further, you agree not to attempt to use the Service after said
termination. Sections 2, 4, 6 and 12 -18 shall survive termination of the Terms
of Use.
14.0 PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction, modification,
creation of derivative works from or redistribution of the site or the
collective work, and/or copying or reproducing the sites or any portion thereof
to any other server or location for further reproduction or redistribution is
prohibited without the express written consent of Bestiklan.com. You further
agree not to reproduce, duplicate or copy Content from the Service without the
express written consent of Bestiklan.com, and agree to abide by any and all
copyright notices displayed on the Service. You may not decompile or
disassemble, reverse engineer or otherwise attempt to discover any source code
contained in the Service. Without limiting the foregoing, you agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of the Service. Bestiklan.com is a registered mark in the US Patent
and Trademark Office.
Although Bestiklan.com does not claim ownership of content that its users
post, by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to
Bestiklan.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said Content and to
prepare derivative works of, or incorporate into other works, said Content, and
to grant and authorize sublicenses (through multiple tiers) of the foregoing.
Furthermore, by posting Content to any public area of the Service, you
automatically grant Bestiklan.com all rights necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Service by any party for any purpose.
15.0 DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE BESTIKLAN.COM SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE BESTIKLAN.COM SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS"
OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BESTIKLAN.COM DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE
OF THE BESTIKLAN.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY
LAW, BESTIKLAN.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE BESTIKLAN.COM SITE OR THE SITES OR SERVICE, OR
ACCESSED THROUGH ANY LINKS ON THE BESTIKLAN.COM SITE. TO THE FULLEST EXTENT
PERMITTED BY LAW, BESTIKLAN.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER
HARMFUL COMPONENTS IN CONNECTION WITH THE BESTIKLAN.COM SITE OR THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such
jurisdictions, some of the foregoing disclaimers may not apply to you insofar as
they relate to implied warranties.
16.0 LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BESTIKLAN.COM BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BESTIKLAN.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT
OF YOUR USE OF THE BESTIKLAN.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF THE BESTIKLAN.COM SITE OR THE SERVICE, FROM INABILITY TO
USE THE BESTIKLAN.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE BESTIKLAN.COM SITE OR THE
SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE BESTIKLAN.COM SITE OR THE SERVICE OR ANY LINKS ON THE
BESTIKLAN.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE BESTIKLAN.COM SITE OR THE SERVICE
OR ANY LINKS ON THE BESTIKLAN.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability
are not permitted. In such jurisdictions, some of the foregoing limitation may
not apply to you.
17.0 INDEMNITY
You agree to indemnify and hold Bestiklan.com, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service providers,
suppliers and employees, harmless from any claim or demand, including reasonable
attorney fees and court costs, made by any third party due to or arising out of
Content you submit, post or make available through the Service, your use of the
Service, your violation of the Terms Of Use, your breach of any of the
representations and warranties herein, or your violation of any rights of
another.
18.0 GENERAL INFORMATION
The Terms of Use constitute the entire agreement between you and
Bestiklan.com and govern your use of the Service, superseding any prior
agreements between you and Bestiklan.com . The Terms of Use and the relationship
between you and Bestiklan.com shall be governed by the laws of the State of
Malaysia without regard to its conflict of law provisions. You and
Bestiklan.com agree to submit to the personal and exclusive jurisdiction of the
courts located within the county of Malaysia. The failure of Bestiklan.com to
exercise or enforce any right or provision of the Terms of Use shall not
constitute a waiver of such right or provision. If any provision of the Terms of
Use is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the Terms
of Use remain in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related
to use of the Service or the Terms of Use must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
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