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Text of the page (random words):
party s confidential information solely to exercise their respective rights and perform their respective obligations under these terms and shall disclose such confidential information solely to those of their respective employees representatives and agents who have a need to know such confidential information for such purposes and who are bound to maintain the confidentiality of and not misuse such confidential information 3 2 tracking malaysia will maintain commercially reasonable administrative physical and technical safeguards to protect the security confidentiality and integrity of your data 3 3 you agree that tracking malaysia and the service providers tracking malaysia uses to assist in providing the service to you shall have the right to access your account and to use modify reproduce distribute display and disclose your data solely to the extent necessary to provide the service including without limitation in response to your support requests any third party service providers afteship utilizes will only be given access to your account and your data as is reasonably necessary to provide the service tracking malaysia may also access or disclose information about the account your data user agents or end users in order to a comply with the law or respond to lawful requests or legal process b protect tracking malaysia s or its customers or partners rights or property including enforcement of these terms or other policies associated with the service c act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation 3 4 tracking malaysia collects certain information about the account your data user agents and end users as well as the devices computers and other tools used in connection with the service tracking malaysia uses discloses and protects this information as described in tracking malaysia privacy policy the current version of which is available at www tracking my privacy 4 intellectual property rights subject to these terms of service tracking malaysia hereby grants you a non exclusive non transferable non sublicensable limited right and license to use the service for your non commercial use the rights granted herein are subject to your compliance with these terms of service the service is being licensed to you and you hereby acknowledge that no title or ownership in the service is being transferred or assigned and these terms of service are not to be construed as a sale of any rights in the service tracking malaysia shall maintain all rights title and interest in and to tracking malaysia patents inventions copyrights trademarks domain names trade secrets know how and any other intellectual property and or proprietary rights collectively intellectual property rights the rights granted to you to use the service under these terms do not convey any additional rights in the service or in any intellectual property rights tracking malaysia shall have a royalty free worldwide transferable sub licensable irrevocable and perpetual license to incorporate into the service or otherwise use any suggestions enhancement requests recommendations or other feedback tracking malaysia receives from you tracking malaysia reserves all rights not expressly granted to you all content of the service site or software including but not limited to all text graphics user interfaces visual interfaces photographs product and virtual product descriptions and design faqs videos logos tracking malaysia trademarks sounds music artwork computer code and programming collectively content including the arrangement of such content is owned controlled or licensed by or to tracking malaysia and is protected by trade dress copyright and trademark laws various other intellectual property rights and unfair competition laws except as expressly provided in the terms of service or authorized by tracking malaysia in a written agreement no content or part of content may be copied duplicated sold resold reverse engineered decompiled reproduced modified republished uploaded posted publicly displayed encoded translated transmitted or distributed in any way through any media whatsoever all other trademarks registered trademarks product names and company names or logos mentioned in the services are the property of their respective owners reference to any products services processes or other information by name trademark manufacturer supplier or otherwise does not constitute or imply endorsement sponsorship or recommendation by tracking malaysia 5 third party services if you decide to enable access or use other services be advised that your access and use of such other services is governed by the terms and conditions of such other services and tracking malaysia does not endorse is not responsible or liable for and makes no representations as to any aspect of such other services including without limitation the accuracy completeness or authenticity of the information contained or the manner in which the service providers of such other services handle data including your data or any interaction between you and the service provider you irrevocably waive any claim against tracking malaysia with respect to such other services tracking malaysia is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement access or use of any such other services or your reliance on the privacy practices data security processes or other policies of such other services you may be required to register for or log into such other services on their respective websites by enabling any other services you are expressly permitting tracking malaysia to disclose your login as well as your data as necessary to facilitate the use or enablement of such other service the service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of tracking malaysia including websites directories servers networks systems information and databases applications software programs products or services and the internet in general your interactions with organizations or individuals found on or through the service are solely between you and such organizations or individuals you should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of the third parties providing other services you agree that tracking malaysia is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings if there is a dispute between users or between users and any third party you understand and agree that tracking malaysia is under no obligation to become involved in the event that you have a dispute with any other user you hereby release the released parties from claims demands and damages actual and consequential of every kind or nature known and unknown suspected and unsuspected disclosed and undisclosed arising out of or in any way related to such disputes 6 billing plan modifications and payments 6 1 in order to subscribe to paid service plans user shall buy credits as described on the site credits for pay as you go prepaid accounts shall not expire unless the account stays inactive for a period of more than 12 months in which case said account will be deleted if the account has no more credits tracking malaysia may downgrade suspend or terminate access to the previously accessible portion of the service in connection with the previously chosen service plan 6 2 if user elects to downgrade the service plan user is entitled to keep the credits of the account however downgrading the service plan may cause loss of content features or access to specific portions of the service that may have been previously available to user tracking malaysia does not accept any liability for such loss 6 3 unless otherwise provided by tracking malaysia in writing charges do not include any taxes levies duties or similar governmental assessments including value added sales use or withholding taxes assessable by any local state provincial or foreign jurisdiction collectively taxes user is responsible for paying taxes except those assessable against tracking malaysia based on its income tracking malaysia will invoice user for such taxes if tracking malaysia has or believes it has a legal obligation to do so and user agrees to pay such taxes if so invoiced 6 4 if user pays by credit card the service provides an interface for the account owner to insert or change credit card information the user will receive a receipt for each confirmed payment if user pays by credit card user agrees that tracking malaysia will use a third party intermediary to manage credit card processing 7 termination tracking malaysia reserves the right in its sole discretion to terminate your account delete your profile and any of your data and restrict your use of all or any part of the service for any or no reason without notice and without liability to you or anyone else if tracking malaysia terminates your account for no reason tracking malaysia will reimburse you for unused credits if user does not log in to the account for 12 or more months tracking malaysia may treat the account as inactive and permanently delete the account your data and any other data associated with it tracking malaysia reserves the right to block users from certain ip addresses or device numbers and prevent access to the service your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the service or you otherwise use the service in breach of these terms of service 8 warranty disclaimer you agree that use of the service is entirely at your own risk the service is provided on an as is and as available basis without any warranties of any kind all warranties express and implied including without limitation the warranties of merchantability fitness for a particular purpose and non infringement are expressly disclaimed to the fullest extent permitted by law to the fullest extent permitted by law the released parties disclaims any warranties for the security reliability timeliness accuracy and performance of the service to the fullest extent permitted by law the released parties disclaim any warranties for other services or goods received through the service or any links on the service to the fullest extent permitted by law the released parties disclaim any warranties for viruses or other harmful components in connection with the service the released parties will have no liability for namely but not exclusively a errors mistakes or inaccuracies of content b personal injury or property damage resulting from your access to or use of the service c any unauthorized access to or use of tracking malaysia servers or of any personal or financial information d any interruption of transmission to or from the service e any computer viruses or malicious code that may be transmitted on or through the service or f any loss or damage of any kind incurred as a result of the use of any functionality or content posted e mailed transmitted or otherwise made available on or through the service the released parties do not warrant endorse guarantee or assume responsibility for any third party product or service recommended advertised or offered on or through the service or any linked website you understand and agree that any material or information downloaded or otherwise obtained through the use of the service is done at your own risk and that you will be solely responsible for any damage arising from doing so no advice or information whether oral or written obtained by you from tracking malaysia or through the service will create any warranty not expressly made in these terms of service as some jurisdictions do not allow disclaimer of certain warranties the foregoing disclaimers may not apply to you insofar as they relate to implied warranties 9 limitation of liability to the fullest extent permitted by applicable law under no circumstances shall the released parties be liable for direct indirect incidental special consequential punitive or exemplary damages even if tracking malaysia has been advised of the possibility of such damages resulting from any aspect of your use of the service whether the damages arise from use or misuse of the service from inability to use the service or the interruption suspension modification alteration or termination of the service such limitation shall also apply with respect to damages incurred arising out of or in connection with other services received through the service or any links on the service and with respect to damages in connection with information received through the service or any links on the service these limitations shall apply to the fullest extent permitted by law in some jurisdictions some of the foregoing limitations may not apply 10 indemnity of tracking malaysia you agree to indemnify and hold the released parties harmless from any demands liability claims or expenses including attorneys fees and court costs made by any third party due to or arising out of or in connection with a any information including your data or any other data that you or anyone using your account submit post or transmit on or through the service b the use of the service or other services by you or anyone using your account c the violation of these terms of service by you or anyone using your account or d the violation of any rights of any third party including intellectual property privacy publicity or other proprietary rights by you or anyone using your account tracking malaysia reserves the right at its own expense to assume the exclusive defense and control of any matter otherwise subject to indemnification by you if tracking malaysia does assume the defense of such a matter you will reasonably cooperate with tracking malaysia in such defense 11 force majeure tracking malaysia won t be held liable for any delays or failure in performance of any part of the service from any cause beyond tracking malaysia s reasonable control this includes but is not limited to acts of god changes to law or regulations embargoes war terrorist acts riots fires earthquakes nuclear accidents zombie apocalypse floods strikes power blackouts volcanic action unusually severe weather conditions and acts of hackers or third party internet service providers 12 applicable law the service is operated from malaysia user access to the service is governed by all applicable malaysia laws all information available on the service may also be subject to the laws of the country where you reside access in countries where the information services or products provided on the service are illegal is prohibited by using the service regardless of where you live in the world you consent to have your personal data transferred to and processed and collected in malaysia in complian...