Terms of Service
TheStreetMall.com
8 June 2010
You should carefully read the following Terms of Service (herein referred to as "Terms"). Registering at TheStreetMall.com (herein referred to as "website") implies that you have read and accepted these Terms of Service.
1. Acceptance of Terms
1.1 By continuing to browse and use this website, you agree to comply with and be bounded by the following Terms of Service, which together with our Disclaimer & Privacy Policy govern TheStreetMall.com's relationship with you in relation to this website.
1.2 If you do not accept the terms, you may not use any of the Services provided by TheStreetMall.com.
1.3 You understand and agree that TheStreetMall.com will treat your use of the Services as acceptance of the Terms.
1.4 Before you continue, you should print off or save a local copy of the Terms for your records.
2. Provision of the Services by TheStreetMall.com
2.1 You acknowledge and agree that the form and nature of Services provided by TheStreetMall.com may change from time to time without prior notice to you.
2.2 You acknowledge and agree that TheStreetMall.com may stop (permanently or temporarily) providing Services (of any features within the Services) to you or to users generally at TheStreetMall.com's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform TheStreetmall.com when you stop using the Services.
2.3 You acknowledge and agree that if TheStreetMall.com disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
2.4 You acknowledge and agree that while TheStreetMall.com may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by TheStreetMall.com at any time, at TheStreetMall.com's discretion.
3. Use of the Services
3.1 In order to access the Services, you may be required to provide information about yourself as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to TheStreetMall.com will always be accurate, correct and up to date.
3.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from any relevant countries).
3.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by TheStreetmall.com, unless you have been specifically allowed to do so in a separate agreement with TheStreetMall.com. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
3.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
3.5 Unless you have been specifically permitted to do so in a separate agreement with TheStreetMall.com, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
3.6 You agree that you are solely responsible for (and that TheStreetMall.com has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TheStreetMall.com may suffer) of any such breach.
4. Password and account security
4.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
4.2 You agree that you will be solely responsible to TheStreetMall.com for all activities that occur under your account.
4.3 If you become aware of any unauthorized use of your password or of your account, please notify us immediately by using our contact form in the website
5. Content in the Services
5.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
5.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to TheStreetMall.com (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by TheStreetMall.com or by the owners of that Content, in a separate agreement.
5.3 TheStreetMall.com reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
5.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
5.5 You agree that you are solely responsible for (and that TheStreetMall.com has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which TheStreetMall.com may suffer) by doing so.
6. Proprietary rights
6.1 You acknowledge and agree that TheStreetMall.com own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by TheStreetMall.com and that you shall not disclose such information without TheStreetMall.com’s prior written consent.
6.2 Unless you have agreed otherwise in writing with TheStreetMall.com, you are not granted any rights in the use of TheStreetMall's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
6.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with TheStreetMall.com, then you agree that your use of such features shall be in compliance with that agreement.
6.4 Other than the limited license set forth in "Content License By You", TheStreetMall.com acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with TheStreetMall.com, you agree that you are responsible for protecting and enforcing those rights and that TheStreetMall.com has no obligation to do so on your behalf.
6.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
7. License from TheStreetMall.com
7.1 TheStreetMall.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services as provided to you by TheStreetMall.com. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TheStreetMall.com, in the manner permitted by the Terms.
7.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the Content or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by TheStreetMall.com in writing.
7.3 Unless TheStreetMall.com has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, or otherwise transfer any part of your rights to use the Services
8. Content license from you
8.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give TheStreetMall.com a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling TheStreetMall.com to display, distribute and promote the Services.
8.2 You agree that this license includes a right for TheStreetMall.com to make such Content available to other companies, organizations or individuals with whom TheStreetMall.com has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
8.3 You understand that TheStreetMall.com may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit TheStreetMall.com to take these actions.
8.4 You confirm and warrant to TheStreetMall.com that you have all the rights, power and authority necessary to grant the above license.
9. Ending your relationship with TheStreetMall.com
9.1 The Terms will continue to apply until terminated by either you or TheStreetMall.com as set out below.
9.2 If you want to terminate your legal agreement with TheStreetMall.com, you may do so by (a) notifying TheStreetMall.com at any time and (b) closing your accounts for all of the Services which you use, where TheStreetMall.com has made this option available to you. Your notice should be sent, in writing, via the contact form in the website
9.3 TheStreetmall.com may at any time, terminate its legal agreement with you if:
(a) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(b) TheStreetMall.com is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(c) The partner with whom TheStreetMall.com offered the Services to you has terminated its relationship with TheStreetMall.com or ceased to offer the Services; or
(d) TheStreetMall.com is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(e) The provision of the Services to you by TheStreetMall.com is, no longer commercially viable, for whatever reason.
9.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and TheStreetMall.com have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
10. EXCLUSION OF WARRANTIES
10.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 11, SHALL EXCLUDE OR LIMIT THESTREETMALL.COM’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
10.3 IN PARTICULAR, THESTREETMALL.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
10.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THESTREETMALL.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 THESTREETMALL.COM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
11.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THESTREETMALL.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH THESTREETMALL.COM MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE THESTREETMALL.COM WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
11.2 THE LIMITATIONS ON THESTREETMALL.COM’S LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT THESTREETMALL.COM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12. Advertisements
12.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
12.2 The manner, mode and extent of advertising by TheStreetMall.com on the Services are subject to change without specific notice to you.
12.3 In consideration for TheStreetMall.com granting you access to and use of the Services, you agree that TheStreetMall.com may place such advertising on the Services.
13. Other content
13.1 The Services may include hyperlinks to other web sites or content or resources. TheStreetmall.com may have no control over any web sites or resources which are provided by companies or persons other than by TheStreetMall.com.
13.2 You acknowledge and agree that TheStreetMall.com is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
13.3 You acknowledge and agree that TheStreetMall.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
14. Changes to the Terms
14.1 TheStreetMall.com may make changes to the Terms from time to time. When these changes are made, TheStreetMall.com will update it at the website.
14.2 You understand and agree that if you use the Services after the date on which the Terms have changed, TheStreetMall.com will treat your use as acceptance of the updated Terms
15. General legal terms
15.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
15.2 The Terms constitute the whole legal agreement between you and TheStreetMall.com and govern your use of the Services (but excluding any services which TheStreetMall.com may provide to you under a separate written agreement).
15.3 You agree that TheStreetMall.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
15.4 You agree that if TheStreetmall.com does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TheStreetMall.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of TheStreetMall.com’s rights and that those rights or remedies will still be available to TheStreetMall.com
15.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
15.7 The Terms, and your relationship with TheStreetMall.com under the Terms, shall be governed by the laws of Malaysia without regard to its conflict of laws provisions. You and TheStreetMall.com agree to submit to the exclusive jurisdiction of the courts located within Malaysia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that TheStreetMall.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Disclaimer
While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of TheStreetMall.com. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, TheStreetMall.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Privacy
All information gathered from this website will be used solely for TheStreetMall.com's marketing and promotional purposes.
This website and its content is copyright of TheStreetMall.com 2010. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
(a) You may print or download to a local hard disk extracts for your personal and non-commercial use only
(b) You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
(c) You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
