1.1 These Terms of Use (“Terms”) govern your use of Services provided to you by Funhub TV Sdn Bhd ("Funhub", "we", "us" and/or "our"), including information, features, data, text, images, graphics, photographs, content, programming or other materials (“Content”), and Services provided through the Funhub mobile application on Android and Apple platform (the “App”).
1.2 Please read the following Terms carefully before using the App so that you are aware of your legal rights and obligations with respect to Funhub. By accessing and using the App, you agree that you have read, understood and accepted these Terms including any policies referenced herein. Funhub reserves the right to change, modify, suspend or discontinue all or any part of the App or the Services at any time or upon notice as required by local laws.
2.1 Funhub grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services and the App subject to the terms and conditions of these Terms of Use.
2.2 You acknowledges that all rights, titles, and interests in and to the Services and the App, together with its source codes and object codes, sequences, derivative works, organization, structure, software architecture, interfaces, any documentation, drawings, data, content, trade names, trademarks, equipment, techniques, sketches, models, inventions, know-how, processes apparatus, algorithms, software, software programs, software source documents, application program interfaces (“API”), and formulae to the current, future and proposed products and services of the party or other related materials (collectively, “Intellectual Property”), is, and at all times shall remain, the sole and exclusive property of Funhub. For the avoidance of doubt, nothing in these Terms of Use shall operate to assign or transfer any Intellectual Property Rights or database content from Funhub to you.
2.3 The Intellectual Property contains trade secrets and proprietary information owned by Funhub and is protected by laws of Malaysia. Unless stated otherwise, these Terms of Use does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licences with respect to the Services and the App.
2.4 You shall not attempt, or directly or indirectly allow any other third party to attempt to: (a) copy, modify, duplicate, create derivative works from, frame, syndicate, mirror, republish, reverse compile, disassemble, reverse engineer, download, transmit or distribute all or any portion of the Services and the App in any form or media or by any means; (b) use the Services and the App to benchmark the Services and the App or in any manner that is competitive with the Services and the App; or (c) sublicense, resell, or distribute any or all of the Services separate from any integrated application, website or any other offering.
2.5 The license for use of the Services and the App is effective until terminated. This license will terminate as set forth under these Terms of Use or if you fail to comply with any term or condition of these Terms of Use. In any such event, Funhub may effect such termination with or without notice to you.
2A.1 You hereby acknowledge and represent that any Content you post, publish and/or upload on the App, or use in connection with the Services is owned by you or you have obtained the necessary authorisation for such use of the Content (including the authorisation to sublicence the Content in accordance with the terms of this Section 2A).
2A.2 By posting, publishing and/or uploading Content on the App, or using such Content in connection with the Service, you hereby grant Funhub a free, unlimited, irrevocable, non-exclusive and sublicensable right and licence to use the Content, including (but not limited to) storing, using, distributing, reproducing, modifying, adapting, compiling, publishing, displaying, translating, performing or making derivative works of such Content, incorporating such Content into other works, and initiating complaints or file lawsuits in your own name for infringement of any applicable intellectual property rights contained in such Content.
2A.3 For avoidance of doubt, the abovementioned right and licence to use the Content includes (but is not limited to) the right and licence to use, reproduce and display your personal images, portraits, names, trademarks, brands, logos, marketing materials and any other relevant materials in or related to the Content.
3.1 The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the App. Finhub reserves the right to investigate and take appropriate legal action against anyone who, in Funhub's sole discretion, engages in any of the prohibited activities. Prohibited activities including but not limited to the following:
(a) to use the Services or the App for any purpose in violation of local, state, or federal laws or regulations;
(b) to encourage or engage in any illegal (or potentially illegal) activities;
(c) to upload, post, or otherwise transmit any Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, harmful, slanderous, invasive of another's privacy, hateful, overtly sexual or pornographic in nature, embarrassing to any other person or entity, racially, ethnically or otherwise objectionable;
(d) to post Content that constitutes cyber-bullying, as determined by Funhub in its sole discretion;
(e) to post Content that depicts any dangerous, self-harming, life-threatening, or otherwise risky behaviour;
(f) to use the Services or upload Content to impersonate any person or entity, or misrepresent your affiliation with a person or entity;
(g) to use the Services or upload Content which, in Funhub's view: undermines the honour and interests of the country (including its states), tarnishes the image and reputation of members of the royal party, and/or attacks the image and credibility of a political party or politician.
(h) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or the App;
(i) to permit or authorize the modification, creation of derivative works, or translation of the Services or the App without the express permission of Funhub;
(j) to use the Services or the App for the benefit of any third party or any manner not permitted by the licenses granted herein;
(k) to use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(l) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof) or the App (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Funhub with respect to the Services or the App and/or data transmitted, processed or stored by Funhub;
(m) to harvest or collect any information about or regarding other Account holders, including but not limited to, any personal data or information, without their express consent;
(n) to upload, post, transmit or otherwise make available any Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
(o) to intentionally distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items, or allow unauthorized access to the Service or the App which may cause any defect, error, malfunction or corruption to the Service or the App;
(p) to take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the App or the servers or networks connected to the Services or the App;
(q) to use the Services or the App to violate the privacy of others or to "stalk" or otherwise harass another;
(r) to use the Services or the App to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
(s) to direct or encourage another user to conduct a transaction other than on the App.
3.2 You acknowledge that Funhub shall reserves the right (but is not obligated) to do any or all of the following:
(a) investigate an allegation that any content posted on the App does not conform to these Terms and determine in its sole discretion to remove or request the removal of the Content;
(b) remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
(c) suspend or terminate a user’s access to the App or their Account upon any breach of these Terms;
(d) monitor, edit, or disclose any Content on the App; and
(e) edit, modify or delete any Content posted on the App, regardless of whether such Content violates these standards.
3.3 Unless you have our express permission to do so, you must not re-submit any Content or other material or applications which have previously been removed.
3.4 If you believe a User on the App is violating these Terms of Use, please contact [email protected].
3.5 You agree that you must evaluate, and bear all risks associated with, the use of any Content, including but not limited to, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Funhub or submitted to Funhub, including without limitation, information in all other parts of the App.
3.6 You are responsible for all activities, conduct and/or Content stemming from your account. Therefore, it is important to maintaining the secrecy of your own passwords and access to your account.
3.7 You are solely responsible for maintaining the secrecy of their own passwords If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us by contacting us.
4. Disclaimers.
4.1 You understand and agree that the Services and the App are provided to you is on an “AS IS” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Funhub or its suppliers disclaims any and all other representations, warranties or undertakings, express or implied, including without limitation any implied warranties of quality, performance, merchantability, fitness for a particular purpose or non-infringement.
4.2 Funhub gives no warranty or representation that the Services, the App or the functions contained herein will be available, accessible, uninterrupted, timely, secure, accurate, complete, error-free, or free from any viruses or any other harmful codes, instructions, programs or components.
4.3 You specifically acknowledge that Funhub is not liable for your defamatory, offensive or illegal conduct, or such conduct by third parties, and you expressly assume all risks and responsibility for damages and losses arising from such conduct.
4.4 While we endeavour to ensure that the Services and the App are secured, you acknowledge that the entire risk arising out of the access, use or performance of the App and/or Services shall remain with you to the fullest extent allowed by applicable law.
4.5 Content on the App are posted by many different third parties, therefore Content on the App do not represent the views, positions or policies of Funhub unless expressly stated otherwise.
4.6 Funhub shall bear no responsibility in relation to any transaction on the App between buyers / customers ("Buyers") and sellers / merchants ("Sellers") relating to provision or sale of products, services or any such offerings ("Products"). Any returns, refunds or subsequent dealings from relating to such provision or sale of Products shall be exclusively dealt with between the Buyers and Sellers.
5.1 You shall not assert any claims against Funhub based upon theories of negligence, gross negligence, strict liability, fraud, or misrepresentation, and you shall defend us from any demand or claim, and indemnify and hold Funhub, its officers, directors, employees, agents, suppliers and third-party partners harmless from and against any and all liabilities, losses, costs, claims, expenses, or damages, including reasonable attorneys’ fees, directly or indirectly resulting from (a) your use or misuse of the Services and/or the App; (b) any agreement between you and your employer based on or in any way related to the Services and/or the App; (c) your violation or breach of any term of these Terms of Use or any policy referenced herein; (d) your breach of any law or any rights of a third party; or (e) any Content uploaded by you.
6.1 To the maximum extent permitted by applicable law, in no event shall Funhub or its suppliers / merchants be liable for any special, incidental, indirect, consequential, punitive, exemplary damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, adverse effect on reputation and/or goodwill, or any other pecuniary loss) arising out of the use of or inability to use the App or the Services, whether based upon contract, warranty, tort, negligence, misrepresentation, strict liability, or other cause of action at law, in equity, by statute or otherwise, even if Funhub or its suppliers has been advised of the possibility of such damages. In any event, under no circumstances shall Funhub or its suppliers / merchants be liable for any loss, costs, expenses, or damages to you.
6.2 You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the Services and/or the App is to request for termination of your Account and/or discontinue any use of our Services and/or the App.
6.3 Nothing in these Terms of Use shall limit or exclude any liability for death or personal injury caused by Funhub’s negligence, for fraud or for any liability on the part of Funhub that cannot be lawfully limited and/or excluded.
7.1 Funhub recognizes the importance of the Personal Data you have entrusted to us. Please read our Privacy Policy to understand how we collect and use the information associated with your Account and/or your use of the Services and the App (“User Information”).
7.2 You hereby acknowledge that all Personal Data collected by us will be stored in servers located within and outside Malaysia and we may transfer your Personal Data to another member of our Group companies or third party service or product providers within or outside Malaysia, where Funhub consider it necessary or appropriate for the purposes of data storage or processing or providing any service or product on our behalf to you.
7.3 By using the Services, using the App, or providing information on the App, you:
(a) consent to Funhub's collection, use, processing and/or disclosure of your Personal Data, Content and User Information as described in the Privacy
Policy;
(b) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Funhub; and
(c) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Funhub’s prior written consent.
8.1.1 Funhub reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) from time to time. You are strongly recommended to read these Terms periodically. You will be deemed to have agreed to the amended Terms by your continued use of the App or the Services following the date on which the amended Terms are posted.
8.2.1 These Terms of Use shall be governed exclusively by the laws of Malaysia, excluding its conflicts of law rules. Any disputes which cannot be settled amicably by the parties within sixty (60) days shall be finally settled by the courts of Malaysia.
8.3.1 You represent and warrant that you shall use the Services in accordance with these Terms of Use and all applicable local, state, and federal laws.
8.4.1 The paragraph headings in these Terms of Use are inserted for convenience only and shall not affect the construction of these Terms.
8.5.1 If any provision of these Terms shall be held illegal, void, or unenforceable in any respect under any law, the remaining portions shall remain in full force and effect.
8.6.1 The delay or failure of either party to exercise any right under these Terms or to take action against the other party in the event of any breach of these Terms shall not constitute a waiver of such right, or any other right, or of such breach, or any future breaches, under these Terms.
8.7.1 You shall not assign or transfer any rights granted to you hereunder to any third parties.
8.8.1 Nothing in these Terms of Use is intended to or shall constitute a partnership joint venture, association or other formal business organization or agency arrangement between the parties, or authorize either party to act as an agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise bind the other in any way.
8.9.1 If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the App, please contact us at: [email protected].