Agreement between User and Evenesis - Y Us Sdn Bhd (888985-V)
Evenesis consists of various Web pages operated by
Y Us Sdn Bhd located at
www.evenesis.com and
www.yus.com.my.
Evenesis is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Your use of Evenesis constitutes your agreement to all such terms, conditions, and notices. When you create an account at Evenesis,
you accept these terms and conditions.
Link to Third Party Sites
Evenesis may contain links to other Web Sites or "Linked Sites". The Linked Sites are not under the control of Evenesis
and Evenesis is not responsible for the contents of any Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. Evenesis is not responsible for webcasting or any other form of
transmission received from any Linked Site. Evenesis is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Evenesis of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Evenesis Web Site, you warrant to Evenesis that you will not use Evenesis for any
purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Evenesis in any manner which could
damage, disable, overburden, or impair Evenesis or interfere with any other party's use and enjoyment of Evenesis. You may not
obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through
Evenesis.
User Conduct
Evenesis reserves the rights, but does not assume the responsibility, to monitor or review your conduct on Evenesis. Your use of
Evenesis is subject to all applicable local, state, national and international laws and regulations.
In using Evenesis you agree not to post, transmit, or otherwise make available, through or in connection with Evenesis:
- Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous
or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or
otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary rights without
the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense,
including prostitution; or that encourages or provides instructional information about illegal activities or activities such as
"hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or
invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or
equipment.
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey,
contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not
given specific permission to be included in such a process (commercial or otherwise).
- Any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable
material of any kind or nature;
- Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure
agreements).
- Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or
otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of Evenesis or the servers or networks used to make Evenesis available; or violate any
requirements, procedures, policies or regulations of such networks.
- Use Evenesis to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or
solicitation for goods or services without our express prior written consent; or use Evenesis in a commercial manner.
- Use Evenesis to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or
solicitation for goods or services without our express prior written consent; or use Evenesis in a commercial manner.
- Attempt to gain unauthorized access to Evenesis, other accounts, computer systems or networks connected to Evenesis, through password
mining or any other means.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine"
or in any way gather Content or Materials from Evenesis or reproduce or circumvent the navigational structure or presentation of
Evenesis.
- Engage in any other conduct which, in Evenesis's sole discretion, is considered inappropriate, unauthorized or objectionable.
No Spamming
You agree not use any feature of Evenesis for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a
manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is
(a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the
request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly
prohibited by Evenesis . If you use any feature of Evenesis for the purpose of sending Spam, your right to use Evenesis immediately
terminates and Evenesis reserves the right to seek appropriate legal recourse, as necessary. You agree that Evenesis may, at its sole
discretion, immediately remove any communications that it reasonably believes constitutes "Spamming," including removal of any contact
information related thereto. If you believe that other users are using Evenesis for Spam, please notify Evenesis using the
Feedback/Support link at the bottom of our page, or by emailing Evenesis at
contactus@evenesis.com. Please note that by posting a public
event you are consenting to receive, and authorizing Evenesis to forward to you, emails from other users. Such messages are not
included in the above definition of Spam.
Use of Communication Services
Evenesis may contain message board services, chat areas, news groups, forums, communities, personal web pages, and/or other message or
communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and
related to the particular Communication Service. Evenesis has no obligation to monitor the Communication Services. However,
Evenesis reserves the right to review materials posted to a Communication Service and to remove any materials in its sole
discretion. Evenesis reserves the right to terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever. Evenesis reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in Evenesis' sole discretion.
Materials Provided to Evenesis or Posted at Any Evenesis' Web Site
Evenesis does not claim ownership of the materials you provide to Evenesis (including feedback and suggestions) or post,
upload, input or submit to Evenesis or its associated services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting Evenesis, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Evenesis is under no obligation to
post or use any Submission you may provide and may remove any Submission at any time in Evenesis' sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
Subscriptions and Packages
Evenesis Enterprise and Pay-Per-Event are paid versions of Evenesis. Purchasing Account Upgrade and Credits can be done
on your My Account page. It is your responsibility to promptly provide Evenesis with any contact or billing information changes
or updates (including, address, credit card numbers, etc). New features will be added to the paid versions of Evenesis on a regular
basis. Some features may become free or paid at the sole discretion of Evenesis.
Payment
Payment for services can be made via credit card and online banking and is non-refundable. Evenesis reserves the
right to cancel your subscriptions and packages in the case of non-payment or invalid
credit card. Any attorney fees, court costs, or other costs incurred in the collection of delinquent undisputed amounts shall be the
responsibility of and paid for by the User. If payment is not current, Evenesis may immediately cease to provide any and all
Deliverables to the User. You must notify Evenesis about any billing problems or discrepancies within 30 days after charges
first appear on your statement. If it is not brought to the attention of Evenesis within 30 days, you agree to waive your right
to dispute such problems or discrepancies.
Indemnity
You agree to indemnify and hold harmless Evenesis (Y Us Sdn Bhd), and its subsidiaries, affiliates, officers, agents, or other
partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out
of your use of and access to Evenesis, your violation of the TOS, your violation of any rights of another person or entity, or your
violation of any applicable laws or regulations.
Applicable Law
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Evenesis WEBSITE, Y Us Sdn Bhd AND ALL AFFILIATED
PARTNERS HARMLESS FROM ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL
PROPERTY INFRINGEMENT) AND DAMAGES INCLUDING ATTORNEYS' FEES ARISING FROM ANY SUBMISSIONS BY YOU OR THROUGH YOUR ACCOUNT.
Merger and Acquisition
It is possible that the services and/or related assets of Evenesis (Y Us Sdn Bhd) might be acquired as part of a merger or
acquisition. In such an event, you understand and agree that Evenesis (Y Us Sdn Bhd) may assign its rights under these Terms and
that your personal information may be transferred to the succeeding entity.
Liability Disclaimer
THE Evenesis (Y Us Sdn Bhd) COLLECTION OF WEBSITE SERVICES AND CONTENT ARE PROVIDED "AS-IS" WITHOUT EXCEPTION.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH Evenesis MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Evenesis AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES TO Evenesis AT ANY TIME.
Evenesis AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON Evenesis FOR ANY PURPOSE. Evenesis
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Evenesis AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF Evenesis, WITH THE DELAY OR
INABILITY TO USE Evenesis OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH Evenesis, OR OTHERWISE ARISING OUT OF THE USE OF Evenesis, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Evenesis OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF Evenesis, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Evenesis.
Copyrights and Trademark Notices
All contents of Evenesis are protected by Malaysia's and Indonesia's copyrights law and international treaties and may not be copied or reused without
the express permission of Y Us Sdn Bhd (Co. no. 888985-V) (hereinafter referred to as "The Company"), which reserve all rights. Reuse of any of such
content online for any purpose is strictly prohibited. Permission to use Evenesis proprietary content is
granted on a case-by-case basis. Please direct your inquiries to
contactus@evenesis.com.
Among the trademarks and wordmarks owned by The Company are Evenesis, Y Us Sdn Bhd and the respective logos of all the sites. These trademarks and
wordmarks are filed and registered in Malaysia, Singapore, Hong Kong, Australia and Indonesia.
Modification of These Terms of Use
Evenesis reserves the right to change the terms, conditions, and notices under which Evenesis is offered. The effective date
will be posted at the top of this agreement if any changes are made to the agreement.