Terms of Use for The Island Observer
1. Acceptance of Terms
- By accessing or using The Island Observer website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
- If you do not agree to these terms, you must refrain from using the site and any of its services.
- Your continued use of The Island Observer constitutes your acceptance of any revisions to these terms.
- These Terms of Use apply to all users of the site, including but not limited to visitors, contributors, and registered users.
- You are responsible for ensuring that your use of The Island Observer is in compliance with all applicable laws and regulations in Malaysia.
- The Island Observer reserves the right to deny access to any user who violates these Terms of Use.
- By using this site, you confirm that you are at least 18 years old or have obtained parental or guardian consent to use the site.
- Any use of the site on behalf of an entity constitutes your representation that you are authorized to bind that entity to these terms.
2. Intellectual Property Rights
- All articles, images, graphics, logos, and other content available on The Island Observer are the exclusive property of The Island Observer or its licensors, unless otherwise stated.
- The Island Observer name, logo, and all related marks are trademarks protected under intellectual property laws in Malaysia and internationally.
- You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from The Island Observer without prior written consent.
- Any user-submitted content (including comments, articles, or other materials) remains your intellectual property, but by submitting it to The Island Observer, you grant The Island Observer a non-exclusive, royalty-free, worldwide, perpetual license to use, display, reproduce, and distribute such content in connection with the site.
- You are solely responsible for any content you submit and must ensure that it does not infringe upon any third-party rights, including copyright, trademark, or privacy rights.
- The Island Observer reserves the right to remove or edit any user-submitted content at its sole discretion and without prior notice.
- You agree not to use any automated means to access, scrape, or copy content from The Island Observer without authorization.
- Nothing in these Terms of Use transfers any ownership rights to you or any third party.
3. Disclaimer of Warranties
- The Island Observer and all its content, features, and services are provided on an 'as is' and 'as available' basis, without any warranties of any kind, express or implied.
- The Island Observer makes no representations or warranties regarding the accuracy, completeness, reliability, or timeliness of any content or materials on the site.
- To the fullest extent permitted by applicable law, The Island Observer disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- The Island Observer does not warrant that the site will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
- Any reliance you place on information obtained from The Island Observer is strictly at your own risk.
- No advice or information obtained through the site, whether oral or written, shall create any warranty not expressly stated in these Terms of Use.
- The Island Observer is not responsible for the conduct or content of any third parties linked or referenced on the site.
- You acknowledge and agree that your use of The Island Observer is at your sole risk.
4. Prohibited Uses
- You agree not to use The Island Observer for any unlawful, fraudulent, or malicious purpose.
- You may not upload, post, transmit, or otherwise make available any content that is defamatory, obscene, abusive, harassing, or otherwise objectionable.
- It is strictly forbidden to attempt to gain unauthorized access to any portion of the site, its systems, or any user accounts through hacking, password mining, or any other means.
- You may not use the site to distribute unsolicited or unauthorized advertising, promotional materials, spam, or chain letters.
- Harassment, stalking, threatening, or otherwise violating the legal rights of others on or through The Island Observer is strictly prohibited.
- You must not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- The Island Observer prohibits the use of any automated tools, bots, or scripts to collect data from the site without written authorization.
- You are not permitted to use the site in any manner that could damage, disable, overburden, or impair any server or network connected to The Island Observer.
5. Limitation of Liability
- To the maximum extent permitted by Malaysian law, The Island Observer, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of or inability to use the site.
- The Island Observer shall not be liable for any errors, omissions, inaccuracies, or delays in the content, or for any actions taken in reliance thereon.
- In no event will The Island Observer’s total liability to you for all claims arising out of or related to your use of the site exceed the amount paid by you, if any, for accessing the site.
- The Island Observer assumes no responsibility for any loss or damage resulting from viruses, malware, or other harmful components acquired through your use of the site.
- You agree to indemnify and hold harmless The Island Observer and its affiliates from any claims, losses, liabilities, and expenses (including legal fees) arising from your violation of these Terms of Use.
- The Island Observer is not responsible for any third-party content, products, or services that may be linked to or referenced on the site.
- The disclaimers and limitations of liability set forth in these Terms of Use apply to the fullest extent permitted by law, regardless of the form of action, whether in contract, tort, or otherwise.
- If any part of this Limitation of Liability is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
6. Governing Law & Jurisdiction
- These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles.
- You agree that any dispute arising out of or in connection with your use of The Island Observer shall be subject to the exclusive jurisdiction of the courts of Malaysia.
- The Island Observer makes no representation that the site or its content is appropriate or available for use outside Malaysia.
- You are responsible for compliance with all local laws if you access The Island Observer from outside Malaysia.
- Any claim or cause of action arising out of or related to these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred.
- The Island Observer reserves the right to enforce or waive any provision of these Terms of Use as it deems necessary.
- In the event of a dispute, you agree to attempt to resolve the matter amicably with The Island Observer before seeking formal legal proceedings.
- These terms do not limit any consumer rights you may have under Malaysian law.
7. Changes to Terms
- The Island Observer reserves the right to modify, update, or revise these Terms of Use at any time, at its sole discretion.
- Any changes to these terms will be posted on this page with an updated effective date.
- It is your responsibility to review these Terms of Use regularly to stay informed of any updates or modifications.
- Your continued use of The Island Observer after any changes indicates your acceptance of the revised terms.
- If you do not agree to the revised Terms of Use, you must discontinue your use of the site immediately.
- The Island Observer may, but is not obligated to, provide additional notice of significant changes via email or prominent notice on the site.
- Any amended terms will apply prospectively from the date of posting unless stated otherwise.
- These Terms of Use constitute the entire agreement between you and The Island Observer regarding your use of the site, superseding any prior agreements or communications.