TERMS OF USE

INTRODUCTION

The terms set out in this Seeni Website and/or Seeni Application (“App”) Terms and Conditions are intended to set out the terms for the use and access of the Seeni Website and/or Seeni App and any of the Astro Services made available to You by Nu Ideaktiv Sdn Bhd (“Ideaktiv”) and/or the Astro Malaysia Group. Your agreement with us includes this General Terms and Conditions of Use, our Privacy Notice and Privacy Policy, and any additional terms and conditions that are referenced herein or that are presented elsewhere on the Seeni Website and/or Seeni App in relation to a specific Service or feature.

DEFINITIONS

“Account” means your account opened with Ideaktiv in connection with the Seeni Website and/or Seeni App.

“Application” or “Apps” means an app that is owned by Ideaktiv which is made available to You for download from the app store such as the Apple app store or Google Play or any other authorised app download site;

“Astro Group” or “Astro” means Astro Malaysia Holdings Berhad (Company No:201101004392 (932533- V)) a company incorporated in Malaysia under the Companies Act, 1965 of Malaysia and having its registered office at 3rd Floor, Administration Building, All Asia Broadcast Centre, Technology Park Malaysia, Lebuhraya Puchong-Sungai Besi, Bukit Jalil, 57000 Kuala Lumpur, together with its subsidiaries and affiliates;

“Astro ID” means the unique identifier of Your log account that is provided to You upon successful registration, allowing You to access various Seeni Website and/or Seeni App and/or Ideaktiv Services online;

“Content” means audio, video (including video clips and video streaming), messages, files, data, images, photographs, software, pictures, logos, live feeds, information, on-demand content and games;

“Device” means personal computer, electronic tablet, mobile phone, smartphone, media streaming device, smart TV or any similar device;

“Downloadable Content” means Content made available to You for download and to be played back at a later time on the Device;

“Ideaktiv ” means Nu Ideaktiv Sdn Bhd (Company No: 201701033404 (1247575-P)) a company incorporated in Malaysia and having its registered office at 3rd Floor, Administration Building, All Asia Broadcast Centre, Technology Park Malaysia, Lebuhraya Puchong-Sungai Besi, Bukit Jalil, 57000 Kuala Lumpur, together with its subsidiaries and affiliates;

“Ideaktiv Services” means the Software Application, Seeni Website, Seeni App, its features and provision of services such as content and the publication of magazines titles amongst others including but not limited to Rasa, Nona, PAMA, Maskulin, Keluarga, Pesona Pengantin, Impiana, Remaja, Hijabista, Mingguan Wanita, and Roda Panas, interactive and data transmission services, premium content subscriptions, games, podcast, online tools, exclusive membership, instant messaging, webcasting, streaming, embeddable videos, contests, purchases and any other services created by Ideaktiv and/or the Astro Group and/or its services providers on behalf of Ideaktiv and/or the Astro Group made available to You by Ideaktiv and/or the Astro Group.

“License Agreement” means the end user licence and terms and conditions for use of the Software;

“Linked Website” or “Linked App” means links from or to the Seeni Website and/or Seeni App to third-party websites or apps;

“Personal Information” means the personal information or sensitive personal information as stated in the General Consumer Code of Practice for the Communications and Multimedia Industry Malaysia and/or any other applicable legislation relating to data protection, including, without limitation, the Personal Data Protection Act 2010;

“Post” or “Posted” or “Posting” means to publish, display, submit and/or upload;

“Preview Content” means Content and selected User Generated Content that has been edited by Ideaktiv and/or the Astro Group and Posted on the Seeni Website and/or Seeni App for preview the viewing and browsing benefit of visitors to the Seeni Website and/or Seeni App;

“Privacy Notice” means the Seeni Website and Seeni App Privacy Notice found on Seeni Website and/or Seeni App;

“Privacy Policy” means the Seeni Website and Seeni App Privacy Policy found on Seeni Website and/or Seeni App;

“Publisher” means a third-party publisher who published the Content accessible or available on Seeni Website and/or App;

“Streaming” means a contemporaneous digital transmission of an audio visual work via the internet from Ideaktiv Services to a User’s Device in such a manner that the audio-visual work is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User;

“Software” means any software used in connection with the Seeni Website and/or Seeni App developed by or licensed to Ideaktiv and/or the Astro Group;

“Third Party Content” means third-party Content that is published by a Publisher or a third party and accessible or available on Seeni Website and/or Seeni Apps;

“TOU” means this Terms of Use for the Seeni Website and/or Seeni App managed by Ideaktiv and/or the Astro Group;

“Us“, “We“, and “Ours” means Ideaktiv and/or the Astro Group;

“User” means a person who accesses or uses the Seeni Website and/or Seeni App;

“User Generated Content” or “UGC” means any uploaded material, data shared or contribution made which includes without limitation all forms of text, links, photographs, graphics, video (including video clips and video streaming), audio, files, images, pictures, logos, news, live feed or other data or information posted by any User (including You) on our Seeni Website and/or Seeni App;

“Video Player” means the software program that allows the playback of audio video formats and/or files;

“You” and “Your” mean any User of the Seeni Website and/or Seeni App or Ideaktiv Services which shall include Astro ID registered members and “your” shall be interpreted accordingly.

1. ACCEPTANCE OF TERMS – GENERAL

1.1. Seeni Website and/or Seeni App is a content aggregator which among others, allows users to read content published by Ideaktiv and the Publishers in one place. For the avoidance of doubt, Ideaktiv shall not be liable to you in relation to the writing or publishing of the Third Party Content and the User Generated Content by the Publisher available on the Platform. You acknowledge and agree that the use of the Third Party Content is, at all times, subject to the terms and conditions of the Publisher. In the event of any dispute between you and the Publisher or such third party, you must resolve such dispute directly with the relevant party.

1.2. The use of the Seeni Website and/or Seeni App or Ideaktiv Services is subject to this TOU. Some of the Ideaktiv Services may have additional terms of use. By accessing and using the Seeni Website and/or Seeni App or Ideaktiv Services you agree to be bound by this TOU and such additional terms of use, which may be posted by Ideaktiv or the Astro Group on the Seeni Website and/or Seeni App from time to time.

1.3. You agree that Ideaktiv may modify and amend this TOU at any time without notice. Unless explicitly stated otherwise, any new service introduced by Ideaktiv shall be subject to this TOU. You are responsible for regularly reviewing Ideaktiv’s or the Astro Group’s TOU posted on the Seeni Website and/or Seeni App. By continuing to use the Seeni Website and/or Seeni App or Ideaktiv Services, you are deemed to have agreed to be bound by any modifications and amendments to this TOU.

1.4. You can access the Seeni Website and/or Seeni App home page and browse the Website and/or App without disclosing your Personal Information. The service and links of the Seeni Website and/or Seeni App may include links to third-party websites or apps and are subject to Clause 10 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 its use as set out in these terms and conditions. By submitting your information, you consent to these transfers.

2. REGISTRATION, USE AND SECURITY

2.1. To have an Astro ID, you must provide the information required in the Astro ID registration form. You will need to provide a unique password, e-mail address and phone number upon completing the Astro ID registration process. You are responsible for maintaining the confidentiality of the password, e-mail address and phone number, and are fully responsible for all activities that occur under your password or e-mail address or phone number whether or not actually or expressly authorized and/or used by You. You must immediately notify us if your password has been stolen or compromised by sending an email to [email protected].

2.2. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Astro ID registration form and (b) maintain and promptly update such registration data to keep it accurate, current and complete and (c) you should not use another’s account without permission. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Ideaktiv suspects that such information is untrue, inaccurate, not current or incomplete, Ideaktiv has the right to suspend or terminate your Astro ID and refuse any and all current or future use of the Seeni Website and/or Seeni App (or any part thereof).

2.3. Ideaktiv reserves the right to terminate any dormant Astro ID that has not been used for a period of six months or longer.

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

2.5. The Seeni Website and/or Seeni App 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 Seeni Website and/or Seeni App and assume all risks associated therewith.

2.6. The Seeni Website and/or Seeni App may not be available to be accessed from all regions and countries of the world. Ideaktiv reserves the right, in its sole discretion, to limit or terminate your ability to access the Seeni Website and/or Seeni App from certain regions or countries, and you assume all risk associated with the accessibility of the Ideaktiv Service.

2.7. Ideaktiv reserves the right to limit or prohibit Your access and use of the Seeni Website and/or Seeni App in its sole discretion and shall not be liable for such limitation or prohibition.

3. YOUR CONDUCT

3.1. You agree to use the Seeni Website and/or Seeni App and Ideaktiv Service only for lawful purposes and in accordance with this TOU and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Seeni Website and/or Seeni App and Ideaktiv Service.

3.2. You agree to (a) notify Ideaktiv immediately of any unauthorised use or any other breach of security, and (b) unauthorised use of any personal data. Ideaktiv and/or the Astro Group cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

3.3. The Seeni Website and/or Seeni App is provided to You for Your private and personal use only. You shall not allow any other person to: (a) resell, timeshare, sublicense, or otherwise transfer all or any portion of the Seeni Website and/or Seeni App to any other party; or (b) make commercial use of the Seeni Website and/or Seeni App without the express written consent of Ideaktiv. You will not broadcast, copy, download, frame, reproduce, republish, or transmit in any manner whatsoever, any material on the Seeni Website and/or Seeni App except as is strictly necessary for Your own personal non-commercial home use.

3.4. 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 Ideaktiv 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 online communication in the country in which you reside.

3.5. You may not use the Seeni Website and/or Seeni App in any manner that could damage, disable, overburden, or impair the Seeni Website and/or Seeni App (or the network(s) connected to Ideaktiv Services) or interfere with any other party’s use and enjoyment of the Ideaktiv Services. You may not attempt to gain unauthorized access to the Seeni Website and/or Seeni App and other Ideaktiv ID, computer systems or networks connected to the Seeni Website and/or Seeni App, 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 Seeni Website and/or Seeni App.

3.6. You agree to be responsible for payment of (i) registration or subscription fees (where applicable), (ii) the charges for the Content that is requested by you and (iii) any charges that Ideaktiv may stipulate from time to time and all applicable charges incurred as a result of your use of the Seeni Website and/or Seeni App, including but not limited to the use or misuse by an unauthorised third party, or any error, accidental use or loss (“Charges”).

3.7. You will not post or transmit through the Seeni Website and/or Seeni App any defamatory, harmful, obscene, threatening, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are crude, racist sexist, vulgar, or otherwise offensive. Always treat other users with respect.

3.8. You will not post or otherwise make available on the Seeni Website and/or Seeni App any material, which you do not own without the express permission of the owner of the material.

3.9. You will not broadcast, copy, download, frame, reproduce, republish, or transmit in any manner whatsoever, any material on the Seeni Website and/or Seeni App except as is strictly necessary for your own personal non-commercial home use.

3.10. You agree not to alter or modify any part of our Seeni Website and/or Seeni App, including but not limited to the embedded Video Player or any of its related technologies.

3.11. You will not use the Ideaktiv Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services).

3.12. You must not ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms).

3.13. You will not reproduce, trade, resell, sell, or exploit for any commercial purposes, any or all of the Ideaktiv Services, the use of the Ideaktiv Services, the access to the Ideaktiv Services including any logo, graphic, sound, image and articles whether posted by Ideaktiv, other users of Ideaktiv Services or by Yourself. You shall not use the Seeni Website and/or Seeni App to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online information services competitive with the Seeni Website and/or Seeni App.

3.14. You must not make available through any medium or format, any cheats or technological measures designed to control access to, or elements of, our Ideaktiv Services, including providing access to any Virtual Currency and/or Virtual Goods, whether on a free or charge basis or otherwise.

3.15. The Seeni Website and/or Seeni App contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music or sound, and the entire contents of the website are copyrighted as a collective or severable work under applicable copyright laws. Ideaktiv and/or the Astro Group own or have acquired a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.

3.16. You may access certain Content including the Preview Content only in a manner and subject to conditions as stated under these TOUs.

3.17. You will abide by the specific rules of any competition or promotion that you participate in on or via the Seeni Website and/or Seeni App. Unless we tell you otherwise, all prize draws and competitions offered via the Seeni Website and/or Seeni App are not open to anyone outside Malaysia.

3.18. You will not do anything that affects the operability or security of the Seeni Website and/or Seeni App or causes unreasonable inconvenience, offence or disruption to our staff.

3.19. You agree to comply with any contest or giveaway terms and conditions that are posted on the Seeni Website and/or Seeni App. Participation in any such contest or giveaway shall be deemed agreement to such terms.

3.20. Generally, You can access and/or use the Seeni Website and/or Seeni App without disclosing your personal data. However, in order to access certain Ideaktiv Services, such as contests, giveaways, etc., You may be required to provide us with your information. In such circumstances, You represent and warrant that all information furnished by You to us is true, current, complete and accurate in every material aspect and are not false, misleading, deceptive, defamatory and/or unlawful and we may but have no obligation, whether express or implied, to verify the accuracy and authenticity of any information provided by You. Please take note that we have the right to suspend, revoke, and/or forthwith terminate (a) your access, participation and/or use of any or all of Ideaktiv Services if the information provided by You is untrue, inaccurate, not current or incomplete or we suspect that such information provided by You is untrue, inaccurate, not current or incomplete.

3.21. You are solely responsible for your interactions with other Users. We reserve the right, although we have no obligation, to monitor disputes between you and the other User, and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of these TOU, including the termination of and/or restriction of the Ideaktiv Services to one or more User.

4. USER-GENERATED CONTENT

4.1. User Generated Contents are made available to You for Your information and personal use solely as intended through the normal functionality of the Seeni Website and/or Seeni App. User Generated Contents are made available on an “as is” basis, 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 Seeni Website and/or Seeni App or otherwise as prohibited under these TOU.

4.2. As a User, You may be invited to post any User Generated Content on our Seeni Website and/or Seeni App and You agree, by submitting Your User Generated Content, to grant Ideaktiv and/or the Astro Group a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to Your User Generated Content worldwide and/or to incorporate Your User Generated Content in other works in any media, now known or later developed, for the full terms of any rights that may exist in Your User Generated Content, and in accordance with privacy restrictions set out in our Privacy Policy and/or Privacy Notice.

4.3. You also hereby grant each User of our Seeni Website and/or Seeni App a non-exclusive licence to access Your User Generated Content through the access and/or use of our Seeni Website and/or Seeni App, and to use such User Generated Content only as permitted through the functionality of the Seeni Website and/or Seeni App.

4.4. You agree that when accessing and/or using our Seeni Website and/or Seeni App or Ideaktiv Services, you may be exposed to User Generated Content from a variety of sources and that we are 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 Contents 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 or may have against Us with respect thereto, and agree to indemnify and hold the Astro Group, its operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use and/or access of Seeni Website and/or Seeni App or Ideaktiv Services.

4.5. You understand and agree that Ideaktiv may retain and store, but not display or distribute server copies of the User Generated Content that has been removed or deleted. The above licenses granted to us, by You in User Generated Content, are irrevocable.

4.6. Further to the foregoing paragraph, by submitting Your User Generated Content on our Seeni Website and/or Seeni App, You warrant that:-

a) Your User Generated Content is Your own original work or You have the necessary licence, rights, consents and permissions to use and authorize Ideaktiv 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 this TOU and that You have the right to make it available to us for all the purposes specified above;
b) Your User Generated Content is not defamatory, libellous, harmful, obscene, threatening, pornographic or otherwise illegal which would violate or infringe in any way upon Ideaktiv’s rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are crude, racist, sexist, vulgar, or otherwise offensive. Always treat other users with respect.
c) Your User Generated Content must not involve the transmission of “junk mail”, “chain “letters”, “spam”, or any other unsolicited mass mailing, e-mailing, or other communication or includes material that exploits people under the age of 18, or is intended to solicit personal information from anyone under 18, or solicit and engage in political discussions;
d) You shall 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 us all of the license rights granted herein;
e) You shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses, or providing information which 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;
f) You shall be solely responsible for Your User Generated Content and the consequences of posting or publishing them;
g) You shall indemnify Ideaktiv and/or the Astro Group against all legal fees, damages and other expenses that may be incurred by Ideaktiv and/or the Astro Group as a result of Your breach of the above warranty; and
h) You waive any moral rights in Your User Generated Content for the purposes of its submission to and publication in any of our Ideaktiv and/or the Astro Group platforms and the purposes specified above.

4.7. Ideaktiv does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Generated Content. We do not permit activities which will infringe any intellectual property rights and will remove all infringing User Generated Content upon notification that such User Generated Content infringes on another’s intellectual property rights. We further reserve the right to remove the User Generated Content without prior notice as stated in this TOU. If You believe that your work has been copied and posted on the Seeni Website and/or Seeni App through the use of Ideaktiv Services, 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, please contact us by sending us an email to [email protected].

4.8. You understand and agree that we may review and delete any User Generated Content that you post on our Seeni Website and/or Seeni App at any time without notice, without liability and for any or no reason whatsoever. We may remove the User Generated Content from the Seeni Website and/or Seeni App if, in our sole opinion, (1) the content violates this TOU; (2) the content might be offensive or illegal, or (3) the content might violate the rights of, harm, or threaten the safety of any other User or (4) we cancel or suspend the use of our Seeni Website and/or Seeni App. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including reporting such violators to the appropriate legal authorities.

4.9. You understand that whether or not such User Generated Content is Posted, we do not guarantee any confidentiality with respect to any User Generated Content.

5. TERMINATION/ACCESS RESTRICTION

5.1. You may terminate and close your Astro ID by e-mailing Ideaktiv at [email protected] from the e-mail address provided by you at the time you opened your Ideaktiv ID and created your e-mail address. Your e-mail must specify your e-mail address, and expressly state that you wish to terminate your Astro ID.

5.2. Without limiting anything herein contained, Ideaktiv reserves the right to cancel, withdraw, terminate or suspend your access to the Seeni Website and/or Seeni App and your use of the Astro ID either in whole or in part for any reason whatsoever at its sole discretion at any time without notice to you and for any reason.

5.3. In addition to any termination rights Ideaktiv may have under this TOU, Ideaktiv may suspend or terminate your Astro ID and access to the Seeni Website and/or Seeni App without notice and in its sole discretion if:
5.3.1. Ideaktiv suspects a fraudulent use.
5.3.2. Your Astro ID is dormant for a period of six months or longer, as specified in Clause 2.3 above. Ideaktiv suspects fraudulent use of the Seeni Website and/or Seeni App and/or your Astro ID and includes but is not limited to: (a) permitting access to your e-mail address and password to third parties, or (b) entering invalid or apparently invalid user information for your Astro ID, 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).
5.3.3. You materially violate this TOU posted from time to time on the Seeni Website and/or Seeni App, any applicable law, rule or regulation relating to the use of the Ideaktiv Services.
5.3.4. Any law, regulation, or governmental action renders all or any portion of the Seeni Website and/or Seeni App (or your use of the Ideaktiv Services) unlawful or impracticable.
5.3.5. Your use of your Astro ID or the Seeni Website and/or Seeni App impairs or threatens to impair the integrity or functionality of the Ideaktiv network in any manner.
5.3.6. If Ideaktiv believes that you have violated or acted inconsistently with the letter or spirit of this TOU.

5.4. We reserve the right to suspend or terminate your access to Seeni Website and/or Seeni App and/or Ideaktiv Services if we reasonably believe that you are in material breach of this TOU (including by repeated minor breaches).

5.5. You agree to compensate us, according to applicable laws, for all losses, harm, claims and expenses that may arise from any breach of these terms by You.

6. DISCLAIMER & LIMITATION OF LIABILITY.

6.1. Ideaktiv makes no warranty that the Seeni Website and/or Seeni App will meet your requirements or that the Seeni Website and/or Seeni App will be secure, timely, uninterrupted or error-free, or that any data, content, information, software or other material accessible on or through the Seeni Website and/or Seeni App or your Astro ID 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 Seeni Website and/or Seeni App for the reconstruction of any lost data. All use of the Seeni Website and/or Seeni App is at your own risk and you are solely responsible for all damages resulting therefrom.

6.2. The Seeni Website and/or Seeni App is not intended for “mission critical” circumstances and is provided on an “as is,” where is” and “as available” basis, without warranties of any kind, express or implied, including, but not limited to warranties of title, quiet enjoyment, non-infringement or implied warranties of merchantability or fitness for a particular purpose.

6.3. To the maximum extent permitted by applicable law, Ideaktiv disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the Seeni Website and/or Seeni App and transactions performed through the service or on the Internet generally. Ideaktiv makes no representations or warranties as to the quality of the call or any connection to or any transmission over the Internet.

6.4. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Ideaktiv and/or the Astro Group be liable for any direct, indirect, incidental, special or consequential, punitive or exemplary damages, damages for loss of profits (even if Ideaktiv has been advised of the possibility of such damages or even if such damage is foreseeable), suffered, incurred and/or sustained by You that result from the use of, access to or the inability to use the Seeni Website and/or Seeni App, any changes to the Seeni Website and/or Seeni App 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 Seeni Website and/or Seeni App or arising in connection with the fraudulent or unlawful acts of any third party, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability) or otherwise even if you have been advised of the possibility of such damages.

6.5. You specifically agree that Ideaktiv and/or the Astro Group 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.

6.6. If you are dissatisfied with the Seeni Website and/or Seeni App, the materials available on or through the Ideaktiv Services, Seeni Website and/or Seeni App or with the provisions of this TOU, you agree that your sole and exclusive remedy is to discontinue using Seeni Website and/or Seeni App or any of Ideaktiv’s other products and services.

6.7. Ideaktiv will take reasonable measures to maintain the privacy and security of all private information provided by you to the Seeni Website and/or Seeni App, but third parties (such as hackers) may breach or attempt to breach Ideaktiv’s security measures or may gain unauthorized access to the Ideaktiv database or other equipment containing your information. You agree that Ideaktiv 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 Seeni Website and/or Seeni App or any other company equipment or user information.

6.8. Any other warranties, disclaimers and limitation of liability for any Ideaktiv Services shall be set out separately for the respective Ideaktiv Services.

7. INDEMNITY

7.1. You agree to indemnify, defend and hold Ideaktiv and/or the Astro Group, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third-party information providers to the Ideaktiv Services and Seeni Website and/or Seeni App harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from (a) any violation by you of this TOU (b) Your use of or conduct or access to the Seeni Website and/or Seeni App (c) Your violation of any third party right, including without limitation any copyright, property or privacy rights; or any claim that one of Your User Generated Content causes damage to a third party. This indemnification obligation by You will survive the TOU and Your use of the Seeni Website and/or Seeni App.

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

8. MONITORING

8.1. Ideaktiv shall have the right, but not the obligation, to monitor the Content of the Seeni Website and/or Seeni App, all interactive communication including but not limited to chat rooms and forums, to determine compliance with this TOU established by Ideaktiv and/or the Astro Group and to satisfy any law, regulation or authorized government request. Ideaktiv shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Seeni Website and/or Seeni App. Without limiting the foregoing, Ideaktiv shall have the right to remove any material that Ideaktiv, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

9. BULLETIN BOARDS / MESSAGE BOARDS

9.1. The Seeni Website and/or Seeni App may include bulletin boards and chat rooms (“bulletin boards”) which allow feedback to Ideaktiv and real-time interaction between users. Ideaktiv does not control the messages, information or files delivered to bulletin boards. It is a condition of Your use of the bulletin boards and the Seeni Website and/or Seeni App that You observe the terms as stipulated in Clause 3 above.

10. NO WARRANTIES IN RELATION TO PUBLISHERS AND LINKS TO THIRD-PARTY SITES

10.1. We collaborate with the Publishers to publish the Third Party Content in the Seeni Website and/or Seeni App. Notwithstanding the foregoing, we do not:
(a) recommend or endorse any of the Publishers; nor
(b) make any representations or warranties with respect to the Publishers or the ability of the Publishers to meet your requirements.

10.2. The Seeni Website and/or Seeni App may contain links to third-party Websites or Apps (“Linked Websites or Apps”) and include advertisements. You agree that Linked Websites or Apps and advertisements are necessary for Ideaktiv to provide the Ideaktiv Services. Such links and advertisements are provided to you only as a convenience and as such Ideaktiv does not provide any form of representation and/or warranty whether express or implied, for the use of such Linked Websites or Apps. Ideaktiv and/or the Astro Group shall not be responsible if the Linked Website is not working appropriately. Ideaktiv and/or the Astro Group has no control over such websites and resources and shall not be responsible for the contents of any Linked Website or Apps or advertisement, including without limitation any link contained in a Linked Website or Apps 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 or Apps, and for taking precautions to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature. By using the Seeni Website and/or Seeni App You expressly relieve us from any liability arising from Your use of Linked Websites or Apps.
10.3. Any dealings with Publishers or third parties (including advertisers) over the Linked Websites or Apps 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 Ideaktiv and/or the Astro Group 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 the 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 or Apps 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. Ideaktiv and/or the Astro Group has no responsibility or liability for any merchant or your relationship with such merchant.

11. DISCLOSURE AND CONFIDENTIALITY

11.1. Ideaktiv reserves the right to disclose any personal information about you or your use of the Ideaktiv Services and without your prior permission if Ideaktiv 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 Ideaktiv or its holding or affiliated company; (3) enforce this TOU; or (4) act to protect the interests of its members or others.

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

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

12. PROPRIETARY RIGHTS

COPYRIGHT

12.1. The Seeni Website and/or Seeni App and all Content found on the Seeni Website and/or Seeni App are protected by trademark, copyright, or other intellectual property laws and international treaties. Any unlawful use of the Seeni Website and/or Seeni App and Content found on the Seeni Website and/or Seeni App is strictly prohibited, without Ideaktiv’s express and prior written consent. The Seeni Website and/or Seeni App and Ideaktiv Services is intended only for personal viewing and any reproduction or redistribution of any form or format of the Seeni Website and/or Seeni App, Ideaktiv Service and Content or any part thereof whether for commercial reasons or otherwise is strictly prohibited by this TOU, and may result in severe civil and criminal penalties.

12.2. Elements of the Seeni Website and/or Seeni App, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
12.3. No logo, graphic, sound or image from this Seeni Website and/or Seeni App may be copied or retransmitted unless expressly permitted by Ideaktiv.

GRANT OF LICENSE AND RESTRICTIONS

12.4. You acknowledge and agree that the Seeni Website and/or Seeni App and any necessary Software used in connection with the Seeni Website and/or Seeni App contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Ideaktiv reserves all rights in the not expressly granted herein, including without limitation ownership and proprietary rights.

12.5. The Software is made available for downloading solely for use by you for your individual, non-transferable, non-exclusive and non-commercial use, use in connection with Ideaktiv Services. The Software is made available solely for use by you in accordance with the terms of this TOU and the terms of any License 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. 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 or accessed from a Device to Software that is on the cloud.

12.6. 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.

12.7. Any reproduction or redistribution of the Software not in accordance with this TOU 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.

12.8. Without limiting the provisions of Clause 6 above, the Software is provided “as is,” and Ideaktiv 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.

12.9. Ideaktiv 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 Ideaktiv. Ideaktiv and/or the Astro Group do not control or endorse the content of third-party websites.

12.10. The Contents provided on the Seeni Website and/or Seeni App may contain materials made available by Publishers or third parties (“Third Party Content”). All rights and titles in the Third Party Content are owned by the respective Publishers and/or third parties and do not in any way transfer any intellectual property rights to us.

12.11. Ideaktiv and/or the Astro Group shall not guarantee the accuracy, completeness or usefulness of any of such Third Party Content and You agree that by perusing such Third Party Content, You shall assume all risk associated with the perusal of such Third Party Content.

12.12. From time to time the Content available through the Seeni Website and/or Seeni App may contain judgments or opinions of the respective user or Third Party Content provider not associated with Ideaktiv and/or the Astro Group. Ideaktiv and/or the Astro Group neither endorses nor is responsible for the reliability or accuracy of any advice, statement or opinion made on the Seeni Website and/or Seeni App by any third party. Under no circumstances will Ideaktiv and/or the Astro Group be liable for any losses or damages caused by Your use or reliance on such Third Party Content obtained through the Seeni Website and/or Seeni App.

13. APPLICATION AND VIDEO PLAYER USE

13.1. Certain Ideaktiv Services can be accessed via an Application or Video Player and may have additional terms of use in addition to this TOU. The additional terms shall apply to those respective Ideaktiv Services and wherever there is conflict of terms those additional terms shall prevail and govern.

13.2. The Content accessed via the App or Video Player are provided by Ideaktiv and/or its content providers that you may download or stream to your Device which is equipped with the necessary functions or applications to support the Content to be downloaded or streamed. We advise you to check with your respective mobile phone operator or internet service provider on whether your Device can support or is compatible to download, view and stream the Content.

13.3. You agree that you will be subject to additional premium charges for any mobile downloads or Streaming services made available on the App or Video Player. Such charges shall be made known to you from time to time. You will be charged accordingly with the charges for the downloads or Streaming when a request is made even if the download or Streaming is incomplete.

13.4. The charges stipulated in Clause 13.2 will be in addition to the fee charged by your mobile phone or internet operator.

13.5. Ideaktiv 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 message as a result of any network, communication or system error, interruption and/or failure experienced by the participating mobile phone operators and/or by Ideaktiv and/or resulting from participation or the downloading of any materials from the Apps or Video Player.

13.6. You agree that for the downloads to be downloaded successfully to your Device, your Device must be compatible with and support the downloaded item. Ideaktiv shall not be liable should you attempt to download an item onto an incompatible Device and you agree that the charges stated in Clause 13.2 above shall still apply under such circumstances.

13.7. If you are under the age of eighteen (18), you must seek parental and/or guardian approval before using any of the Ideaktiv Services, the Apps or Video Player. Ideaktiv considers it the responsibility of parents and/or guardians to monitor their children(‘s) use of the Ideaktiv Services and Apps.

14. PAYMENTS AND PURCHASES OF VIRTUAL GOODS

14.1. We may license to You certain virtual goods to be used within Ideaktiv Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” or without any separate fee, as applicable from time to time.

14.2. Any and all virtual goods are licensed to You on a limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for your personal and non-commercial use.

14.3. Any payment for licences for virtual goods or redemption of third-party virtual currency is always FINAL AND NON-REFUNDABLE.

14.4. We may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. We shall have no liability to You or any third party in the event that we exercise any such rights.

14.5. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON WHATSOEVER AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENCE UNDER THESE GENERAL TERMS AND CONDITIONS IS VOLUNTARY OR INVOLUNTARY.

14.6. If we suspend or terminate your access to the Seeni Website and/or Seeni App and/or Ideaktiv Services in accordance with paragraph 5 of these terms You will lose any Virtual Money and Virtual Goods that You may have and we will not compensate you for this loss or make any refund to You.

15. PLAYING OUR GAMES AGAINST OPPONENTS

15.1. Some of our Services allow You to play game(s) against an opponent(s). You may be able to (i) choose to play against an opponent whom we select for You, or (ii) play against one of your contacts on a platform or social network which You have allowed our Services to interact with. Some of our Services may also allow You to search for your friends (for example, by email address or by phone number in which case, standard telecommunication charges will apply) in order to find them to play against. We may also display the names of your past opponents so that You can easily find them to play again.

15.2. Where we select an opponent for You, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores or the level You have reached in the Game).

15.3. By using our Services and/or playing those of our games which allow You to play against an opponent, You agree to grant us permission to track, store, publicly display and reproduce: (i) your gamer profile, (ii) your game scores, (iii) your game play session, (iv) your presence on the games, (v) the time You spend on or within particular portion of the games, (vi) rankings, statistics, and content that You may have Posted and (vii) other related usage details. You also understand and agree that other users may find You by searching for You with your email address. Please note that we will only show your display name publicly, and not your email address or display picture; another user must know your email address, display name and phone number themselves in order to search for You.

16. GENERAL

16.1. This TOU is governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and Ideaktiv regarding this TOU 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 Seeni Website and/or Seeni App shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by Ideaktiv in and from Malaysia.

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

16.3. Ideaktiv’s performance of this TOU is subject to existing laws and legal processes, and nothing contained in this TOU is in derogation of Ideaktiv’s right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Seeni Website and/or Seeni App or information provided to or gathered by Ideaktiv with respect to such use.
16.4. If any provision of this TOU is held invalid, the remainder of this TOU will continue in full force and effect, and If any provision(s) of the TOU 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 shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.

16.5. Ideaktiv’s failure to insist upon or enforce strict performance of any provision of this TOU shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by Ideaktiv in writing.

16.6. Notices to you shall not be modified, except by an express modification by Ideaktiv 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 Ideaktiv Services.

16.7. Ideaktiv reserves the right to amend any of the provisions of this TOU from time to time. Amendments will be effective immediately upon notification on the Seeni Website and/or Seeni App. Your continued use of the Seeni Website and/or Seeni App and participation of, Ideaktiv Services, will represent an agreement by you to be bound by this TOU as amended.

16.8. You may not assert any claim against Ideaktiv in connection with the Seeni Website and/or Seeni App unless you have given Ideaktiv 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 Seeni Website and/or Seeni App must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

16.9. Ideaktiv 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.

Should you have any questions concerning this TOU, or if you desire to contact Ideaktiv for any reason, please contact our general line at 03-51017888, from 8.30 am to 6.00 pm daily, or you can e-mail Ideaktiv at [email protected]