SAYS Account

One account. Three websites.

SAYS Account Holder Terms and Conditions of Use

Introduction

This agreement ("Agreement") between you and SAYS Sdn Bhd ("SAYS") consists of these SAYS Program's (the "Program") Standard Terms and Conditions ("Terms and Conditions"). By clicking the button to join SAYS, you are participating in the Program, and thereby agree to be bound by these Terms and Conditions and all polices and guidelines referred to.

The Terms and Conditions are owned or controlled by SAYS and its subsidiaries and affiliates. Throughout these Terms and Conditions, at any juncture the words 'we', 'our', or 'us' are used, we are referring to SAYS.

We may change the Terms and Conditions at any time. Your continued use of the Program means you agree with the most-current version of the Terms and Conditions, all of which can be found on the SAYS website (www.8share.com) ("the Site"). As a registered user of the Program, we beseech you to regularly review the Terms and Conditions.

"you" or "SAYS Account holder" means any entity identified in an enrolment form via 'Sign Up' on the Site (www.8share.com) submitted by you to us for the purposes of joining the Program.

It is your responsibility to ensure that you understand the Terms and Conditions before you agree to join the Program. If you have any questions please contact us with your enquiry at hello@says.com.

Definitions

"SAYS Account Holders" means any persons who have registered for the Program, with the intention of participating in or using the SAYS Program.

"Businesses" means any third party entity who engages SAYS to advertise, promote or market their products or services through the Program.

"Payment" means payment made by any Business to a SAYS Account Holder for participating in the Program.

"Site" means www.says-account.com, www.8share.com, www.says.com or www.klips.my

Registration

Before registering for the Program, you warrant and affirm that you will NOT:

Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

Provide any information that: (a) is false, inaccurate, misleading or incomplete; (b) violates any law; (c) is defamatory, trade-libelous, unlawfully threatening or unlawfully harassing; and (d) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

The Program and its component elements are exclusively, permission based which requires all SAYS Account Holders to Opt-in. That means the choice of joining and continuing to take part in the Program and level of participation is entirely yours.

We reserve the right at our discretion to request verification of, or verify on your behalf, any information provided by you, including but not limited to the information provided on the SAYS registration form.

You may only apply for and maintain only one SAYS Account.

You represent and acknowledge that all of the information provided by you to SAYS to enrol in the Program is correct and current. You are the valid, bona fide owner of each Twitter, Facebook, Google+, blog or any other Internet Communication Platform account for the purposes of this Agreement and the Program. You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

You further represent and warrant that each Twitter, Facebook, Google+, blog or any Internet Communication Platform account belonging to you and any material displayed therein before signing up for this Program and throughout your use of this Program: (i) complies with all terms of use and guidelines incorporated therein, applicable laws and regulations; (ii) does not breach and has not breached any terms of use and guidelines incorporated therein, applicable laws, regulations, duty toward or rights of any person or entity including, without limitation, rights of intellectual property or rights or duties under consumer protection, product liability, tort, or contract; and (iii) is not pornographic, hate-related or otherwise violent in content.

To register for joining the Program, you must validly provide information to us. Provided you have complied with and agreed to these Terms and Conditions you will be issued with a user name and password.

You must keep your user name and password confidential and must not reveal your password to anyone. You are entirely responsible for any and all activities that occur under your SAYS Account. SAYS will not be liable for any losses or damage incurred as a result of the unauthorized use of your user name or password.

You agree to notify us immediately in the event of any unauthorized use of your SAYS Account or any other breach of security. Notification should be made by email to hello@says.com.

The information you provide in the SAYS Account in your registration belongs to you.

Your SAYS Account, password and user name is personal to you and is not transferable under any circumstances.

You may only use the Program for lawful purposes.

You must provide us with valid and truthful information. In particular you agree that the information provided on the SAYS registration screens, together with any other personal contact details are valid and correct.

You must inform us of any change in the information provided by you on the SAYS registration screens (including but not limited to email address and other personal contact information) as soon as practicable.

You further agree to use reasonable efforts to keep any other information provided up to date. As one of the conditions of your use, you warrant and represent that you are a genuine or bona fide SAYS Account Holder. It is your responsibility to ensure that your use of the Program complies with this Agreement and any notices received by you from SAYS.

Privacy

Rights to Information

SAYS may retain and use all information you provide including but not limited to the Program demographics and contact and billing information. You agree that SAYS may transfer and disclose to third parties non-personally-identifiable information about you for the purpose of approving and enabling your participation in the Program, including to third parties that reside in jurisdictions with less restrictive data laws than your own. SAYS may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. SAYS disclaims all responsibility, and will not be liable to you, however, for any disclosure of that information by any such third party.

SAYS may share non-personally-identifiable information about you, including Program URLs, Program-specific statistics and similar information collected by SAYS, with businesses and other third parties. In addition, You grant SAYS the right to access, index and cache the Program, or any portion thereof, including by automated means including Web spiders or crawlers.

SAYS may share non-personally-identifiable information about you, your Twitter and Facebook account, or any Internet Communication Platform Account, specific statistics and similar information collected by SAYS, with Businesses, potential Businesses and other third parties.

You agree that SAYS may use your name in presentations, marketing materials, customer lists, financial reports and web Twitter and Facebook account listings of customers.

For content that is covered by intellectual property rights, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you provide.

Conditions of Use

The following are the principal conditions of your use of and participation in the Program. Without prejudice to any of our rights against you in the event you breach any terms and conditions of this Agreement, we reserve the exclusive and discretionary right to terminate your use of the Program by deactivating of your SAYS Account and banning you from registering for any further SAYS Account should you violate or fail to comply with any of the following conditions:

  • You may not join nor use this Program on behalf of another person;
  • You must not use anyone else's SAYS Account;
  • You must not upload and inject into the SAYS network in any manner any content containing any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • You must not upload or transmit any information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • You must not use the Program to send unsolicited messages;
  • You must not use, post or transmit any material of any kind which SAYS considers, does or is likely to damage the Businesses or the reputation of SAYS;
  • You must not post on any account for an Internet Communication Platform that you do not own.
  • You must not misrepresent, deceive or trick internet users into clicking on your link to Specials by using images, sounds, text, email addresses, unrelated links or any other form of misrepresentation;
  • You must not use private/anonymous browsing modes on your internet browser while using the Program;
  • You must not use cloak browsing while using the Program;
  • You must not facilitate or encourage any violation of these terms and conditions;
  • You must not use any pornographic or any material containing nudity or sexual content while using the Program;
  • You must not demand, request or ask other internet users to click on your links or links to your Specials;
  • You must not infringe the intellectual property rights belonging to SAYS or that of any other party;
  • You must not breach, violate or contravene any terms, incorporated guidelines, rules or policies of Facebook, Twitter, blogs or any other Internet Communication Platform during your utilisation of those accounts in relation to use of this Program. Facebook Terms and Conditions, Facebook Platform policies, Twitter Terms and Conditions;
  • You will not use our copyright or trademarks any confusingly similar marks, or any of our intellectual property rights without our written permission;
  • You will not infringe any of our intellectual property rights, as explained under the heading "Intellectual Property Rights" below.

Responsibilities of Parties

You are solely responsible for your Twitter, Facebook or any other Internet Communication Platform account(s), including all content and materials, maintenance and operation thereof, the proper implementation of SAYS's guidelines, and adherence to these Terms and Conditions, including compliance with the Program rules, guidelines, customs and policies. In any case, SAYS reserves the right to investigate, at its own discretion, any activity that may violate these Terms and Conditions, SAYS is not responsible for anything related to your Twitter account(s), Facebook account(s) or any other Internet Communication Platform, including without the transmission of data between your Twitter account(s), Facebook account(s), or any other Internet Communication Platform and SAYS.

Termination; Cancellation

You may terminate your participation in this Program and consequently your adherence to these Terms and Conditions with or without cause at any time by sending written notice of your desire to cancel your participation in the Program to hello@says.com.

This Agreement will be deemed terminated within ten (10) business days of SAYS's receipt of your notice. SAYS may investigate any activity that may violate this Agreement. SAYS may at any time, in its sole discretion, terminate all or part of the Program, or suspend or terminate the participation in all or part of the Program for any reason.

Intellectual Property Rights

You acknowledge that SAYS owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Program (excluding items licensed by SAYS from third parties and excluding any third party media player that may subsist in the Program), and that you will not acquire any right, title, or interest in or to the Program except as expressly set forth in these Terms and Conditions.

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any SAYS services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

You will not remove, obscure, or alter SAYS's copyright notice or other proprietary rights notices affixed to or contained within any SAYS's services, software, or documentation.

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, trade secret law, trademark law, unfair competition law, law of confidence and passing off and any and all other proprietary rights, including all amendments now or hereafter in force and effect worldwide.

You are granted a limited, non-exclusive license to use the Intellectual Property Rights made available by SAYS (Content) solely for use under the Program and in accordance with these Terms and Conditions.

You may not however, distribute, modify, copy, transmit, display, reproduce, use, publish, license, create derivative works or sell or deal in the course of trade in any manner any Intellectual Property Rights belonging to SAYS.

If you use the Intellectual Property belonging to SAYS in a way that is not clearly allowed by these Terms of Service, you are violating these Terms and Conditions and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the Program.

Publicity

You agree that SAYS may use your name and logo in presentations, marketing materials, customer lists, financial reports, Web site listings of customers, Search Results Pages, and Referral Pages.

Messages and Notices from SAYS

It is a condition of your use of the Program that you agree to receive messages or notices from SAYS relating to Specials via the internet or otherwise, including your cell phone.

Should you at any time wish to discontinue receiving these messages from SAYS then you can do so by cancelling your SAYS Account and discontinuing your use of the Program.

All content contained in messages is provided by Businesses and does not incorporate any recommendation or an endorsement by SAYS or their directors or employees or any related party.

Any offer contained in the messages are made by the Business and not by SAYS.

The Businesses are solely responsible for the accuracy and suitability of the any content or offer in the message. SAYS makes no express or implied warranty about the nature of any messages and will not be liable for any losses or damages you may suffer attributable to the messages or your use of the Program.

No Warranties

The Program is provided to you on an as is, as available basis. We hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty as to the accuracy, completeness, currency, or reliability of any content or data available through the Program.

We make no representations or warranties that use of the Program will be uninterrupted or error-free. SAYS is not responsible for any content provided hereunder or for any Twitter, Facebook or any other Internet Communication Platform that can be linked to or from the Specials.

SAYS makes no warranty and no representation about the results you will obtain through the Program, including but not limited to any representation regarding the amount of Payment you will earn through the Program. SAYS makes no warranty that your use of the Program does not contravene and rules, guidelines, policies of Facebook, Twitter, Blog accounts or any other Internet Communication Platform.

You are responsible for taking all precautions necessary to ensure that any content you may obtain from the Program is free of viruses and any other potentially destructive computer code.

Limitation of Liability

IN NO EVENT SHALL SAYS BE LIABLE UNDER THESE TERMS AND CONDITIONS FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES OF ANY KIND WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, ANY DAMAGES WILL BE CAPPED AT RM100.

Each party acknowledges that the other party has agreed to these Terms and Conditions relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.

Without limiting the foregoing and, SAYS makes no guarantee regarding the level or clicks or Unique clicks on any Special, the timing of delivery of such clicks or the amount of any Payment to be made to you under this Program.

SAYS will not be liable for any failure or delay in performance of our obligations under this Agreement, resulting from any condition beyond the reasonable control of SAYS including but not limited power failures, network failures, server failures, any electronic and technical malfunction, viruses, outages to any public internet backbones, networks or servers, any failures of your equipment, any hacking, system security breaches, systems or local access services, unforeseeable disruptive behaviour by our current or former employees, interruptions in internet services in areas where your servers are located or co-located, governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions.

Indemnification

You agree to indemnify and hold SAYS, its parents, subsidiaries and affiliated organizations, and their directors, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party, including but not limited to Facebook, Twitter, or any other Internet Communication Platform due to or arising out of your use of the Program, your SAYS Account, the Site, the Network or your violation of these Terms of Service. If you violate these Terms of Service, in a way that causes harm to others, you agree to indemnify and hold SAYS harmless against any liability for that harm.

Jurisdiction

These Terms of Service are governed by the internal substantive laws of Malaysia, without respect to its conflict of laws principles.

Special Provisions Applicable to Users Outside Malaysia

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws.

The following provision applies to users and non-users who interact with SAYS outside Malaysia: you consent to having your personal data transferred to and processed in Malaysia.

Dispute Resolution

All questions or disputes relating to the Service including the Terms and Conditions should be submitted to SAYS.

We will endeavor to resolve any disputes expeditiously. All interpretations of the Terms and Conditions will be conducted at our sole discretion. In the event that we make an error such error will not constitute a breach of the Terms and Conditions.

These Terms and Conditions shall be governed by the laws of Malaysia. Any dispute or claim arising out of or in connection with these Terms and Conditions shall be adjudicated in Malaysia.

Questions, Comments, and Notices

If you would like to seek access to personal information we hold about you, or if you have any questions or complaints about how we collect, use, disclose, manage or store your personal information, you can contact the department that collected your personal information in the first instance, or write to:

Attention to: Personal Data Protection Officer
Mailing address:
REV Asia, The Penthouse, Level 19, Uptown 1
Jalan SS21/58 Damansara Utama
47400 Petaling Jaya, Selangor

Tel: 03-7710 0180

E-mail address: pdpa@revasia.com

Miscellaneous

These Terms and Conditions make up the entire agreement between the parties regarding the Program and supersedes any prior agreements or representations whether verbal or in writing.

If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of these Terms and Conditions, it will not be considered a waiver.

Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us.

You will not transfer any of your rights or obligations under these Terms and Conditions to anyone else without our consent.

All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in these Terms and Conditions shall prevent us from complying with the law.

These Terms and Conditions do not confer any third party beneficiary rights.

You will comply with all applicable laws when using or accessing the Program.