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TERMS OF USE

THE FOLLOWING DESCRIBES THE TERMS ON WHICH MOD OFFERS YOU ACCESS TO OUR SERVICES. These services include providing you with the ability to: (1) browse and perform enquiries on media; (2) book and purchase advertising space.

The terms "you" and "advertiser", mean any individual, company or authorized representative who seeks to buy advertising from any participating media via the MOD web site.

The terms "media" or "media owner" mean any authorized representative or media company who seeks to sell advertising to any participating advertiser on the MOD web sites.

The terms "us" or "we" means MOD.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 14 days after they are initially posted on MOD.

  1. MEMBERSHIP ELIGIBILITY

    Our services are available only to individuals or business entities that can form legally binding contracts under applicable law. Any person using MOD services must have the authority to bind the advertiser to a contract for advertising with a media. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended MOD members.

  2. MOD IS ONLY A VENUE

    A. Overview. Our site acts as the venue for media and advertisers. We are not involved in the actual transaction between media and advertisers. We cannot ensure that an advertiser or media will actually complete a transaction.

    B. Safe Transactions. Because user authentication on the Internet is difficult, MOD cannot and does not confirm each user's purported identity.

    C. Release. Because we are not involved in the actual transaction between publications and advertisers, in the event you have a dispute with one or more media, you release MOD (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

    D. Information Control. We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site. Please understand that there may exist the risk of dealing with foreign nationals, underage persons or people acting under false pretense.

    E. Dispute Resolution. MOD does not act as a mediator between media and advertisers over disagreements about advertisements. If you are aggrieved by any aspect of the relationship with the media, it is your responsibility to contact the media in an attempt to resolve the dispute.

  3. YOUR INFORMATION

    A. "Your Information" is defined as any information you provide to us or other users in the registration, buying, or listing process, in any public message area or through any e-mail feature. You are solely responsible for "Your Information", and we act as a passive conduit for your online distribution and publication of "Your Information".

    B. Your Information: (a) shall not be false, inaccurate or misleading; (b) shall not contain fraudulent information; and (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).

    C. Solely to enable MOD to use Your Information, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.

  4. BREACH, SUSPENSION OR TERMINATION

    Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you for any reason we deem appropriate in our sole discretion. Such reasons include, but are not limited to: (a) your breach of this Agreement or the documents it incorporates by reference; (b) our inability to verify or authenticate any information you provide to us; (c) your provision of fraudulent information to us or our users; (d) if you have interfered with the integrity of the functioning of our site, including but not limited to price manipulation; or (e) our belief that your actions may cause legal liability for you, our users or us.

    If we choose to ignore any violation of this agreement or other activities which could give rise to suspension or termination, such action or inaction on our part will not constitute a waiver of any of our rights including suspension, termination or otherwise.

  5. TRADEMARKs

    You acknowledge and agree that MOD is the exclusive owner of, or otherwise has the right to use, all logos, trademarks and service marks.

  6. NO WARRANTY

    MOD AND ITS SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  7. Liability Limit

    IN NO EVENT SHALL MOD OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

  8. INDEMNITY

    You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

  9. LEGAL COMPLIANCE

    You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

  10. NO PARTNERSHIP

    No partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  11. NOTICES

    Except as explicitly stated otherwise, any notices to us shall be given by postal mail to Blueocean Technologies, No. 7, Lorong Datuk Sulaiman 7, Taman Tun Dr Ismail, 60000 Kuala Lumpur, Malaysia. Any notices to you shall be given by e-mail to the e-mail address you provide to MOD during the registration process (in your case). Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you to MOD during the registration process. Notices via e-mail shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notices via postal mail shall be deemed given 3 days after the date of mailing.