The Terms and Conditions are generally applicable to the
Products and Services. Specific term and Condition may apply to some specific Product and
Services where it will be stated if applicable and be noticed to you when you use those
Product and Services You should understand that you will be bound by the entire Terms and
Conditions.
1. ACCEPTANCE
By using the Products and Services, you are agree, without limitation or qualification,
to be bound by, and to comply with, these Terms and Conditions and any other posted
guidelines or rules where it is applicable to any Product or Service and noticed to you.
All such guidelines and rules are hereby incorporated by reference into the Terms and
Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and
Conditions. You acknowledge and agree that SYP may terminate your access to the SYP web
page or to any of the Products and Services should you fail to comply with the Terms and
Conditions or any other guidelines and rules published by SYP. Any such termination shall
be in SYP' sole discretion and may occur without prior notice, or any notice. SYP further
reserves the right to terminate any user's access to the SYP web page, in its sole
discretion, believes is or may be directly or indirectly harmful to other users, or for
any conduct that violates any local, state, federal, or foreign laws or regulations. SYP
further reserves the right to terminate any user's access to the SYP web page or to any of
the Products and Services for any reason or for no reason at all, in SYP' sole discretion,
without prior notice, or any notice.
In order to use the Products and Services, users must have access to the World
Wide Web and must navigate the Internet to http://www.syp.com.my/ or another of the URLs
associated with the SYP web page.
3 PROHIBITED CONDUCT
You agree that you will not use SYP products and Services to:
Upload, post, email, otherwise transmit or post links to any Content, or select
any member or user name or email address, that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of
privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise
objectionable.
Upload, post, email, otherwise transmit or post links to any Content that
promotes illegal activity, including without limitation the provision of instructions for
illegal activity.
"Stalk" or otherwise harass another.
Collect or store personally identifying information about other users for
commercial or unlawful purposes.
Upload, post, email, otherwise transmit or post links to any Content that you do
not have a right to transmit under any law or regulation or under contractual or fiduciary
relationships (such as inside information, or proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements).
Upload, post, email, or otherwise transmit, or post links to any Content that
facilitates hacking.
Upload, post, email, otherwise transmit or post links to any Content that
infringes any patent, trademark, service mark, trade secret, copyright or other
proprietary rights ("Rights") of any party, or contributing to inducing or
facilitating such infringement. This prohibition shall include, without limitation, the
following forms of software piracy:
Upload, post, email, otherwise transmit, or post links to any material that contains
software viruses, worms, trojan horses, time bombs, trap doors or any other computer code,
files or programs or repetitive requests for information designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications
equipment or to diminish the quality of, interfere with the performance of, or impair the
functionality of the Products and Services.
Conduct your own contests and promotions.
Disrupt the normal flow of dialogue in a chat room, cause a screen to
"scroll" faster than other users of the Products and Services are able to type,
or otherwise act in a manner that negatively affects other users' ability to engage in
real time exchanges.
Decompile, disassemble, modify, translate, adapt, reverse engineer, create
derivative works from, or sublicense any software deployed in connection with the Products
and Services.
You acknowledge and agree that the SYP and its designees shall have the right (but not
the obligation), in their sole discretion, to refuse to publish, remove, or block access
to any Content that is available via the Products and Services at any time, for any
reason, or for no reason at all, with or without notice. Without limitation SYP and its
designees shall have the right (but not the obligation), in their sole discretion, to
refuse to publish, remove, or block access to any Content that violates the Terms and
Conditions or is otherwise objectionable as determined by SYP, in its sole discretion.
4. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO
THE FULLEST EXTENT PERMITTED BY LAW, SYP DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST
EXTENT PERMITTED BY LAW, SYP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED
IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH
THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SYP
SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY
INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SYP DISCLAIMS ANY AND ALL RESPONSIBILITY
OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR
OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. SYP
DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY
DELIVERY OF ANY INFORMATION OR MATERIAL. SYP DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR
ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE
PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR
SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such
jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
5. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL SYP BE LIABLE TO
ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND
SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF SYP
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL
APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND
SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED
BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF
OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF
ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL
APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT
APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SYP. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL SYP BE HELD LIABLE FOR ANY DELAY OR FAILURE IN
PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND
ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER
EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES,
ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL
DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF
GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS,
NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR
CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such
jurisdictions, the foregoing limitation may not apply to you.
6. PROFESSIONAL INFORMATION DISCLAIMER
The SYP makes available certain information provided by third parties related to
engineering professional field. SYP does not give advice in any such fields and in no way
endorses any of the information provided in this manner. IF YOU INTEND TO USE ANY SUCH
INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH ABOVE IN THE
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special
importance for you. All information made available through the SYP is made available
subject to SYP's Terms and Conditions, including the Disclaimer of Warranties and
Limitation of Liability set forth above.
7. ADVERTISERS AND CONTENT LINKED TO THE SYP
SYP may provide, or third parties may provide, links to other sites or
resources located on the World Wide Web. SYP has no control over such sites and resources.
You acknowledge and agree that SYP is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that SYP 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 use of or reliance on any such content, goods or services available on or
through any such site or resource.
8. LICENSE; INTELLECTUAL PROPERTY OF SYP
You acknowledge and agree that certain Content available through and used to operate
the SYP and the Products and Services is protected by copyright, trademark, patent, or
other proprietary rights of SYP and its affiliates, licensors, and service providers.
Except as expressly provided to the contrary, you agree not to modify, alter, or deface
any of the trademarks, service marks, or other intellectual property made available by SYP
in connection with the Products and Services. You agree not to hold yourself out as in any
way sponsored by, affiliated with, or endorsed by SYP, any of SYP's affiliates, or any of
SYP' service providers. You agree not to defame or disparage SYP, the trademarks or
service marks of SYP, or any aspect of the Products and Services. You agree not to adapt,
translate, modify, decompile, disassemble, or reverse engineer the Products and Services
or any software or programs used in connection with the Products and Services or the SYP.
9. INDEMNITY AND RELEASE
By using the SYP web sites you agree to indemnify SYP and its officers, and employees
and hold them harmless from any and all claims and expenses, including attorney's fees,
arising from your use of the SYP web sites, your use of the Products and Services, or your
submission of ideas and/or related materials to SYP or from any person's use of any
account or password you maintain with any portion of the SYP, regardless of whether such
use is authorized by you. By using the SYP, using the Products and Services, or submitting
any ideas and/or related materials to SYP, you are hereby agreeing to release SYP and its
officers, and employees from any and all claims, demands, debts, obligations, damages
(actual or consequential), costs, and expenses of any kind or nature whatsoever, whether
known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have
against them arising out of or in any way related to such disputes and/or to the Products
and Services or to any disputes regarding use of ideas and/or related materials submitted
to SYP. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES.
10. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
The SYP reserves the right to modify the Products and Services from time to time, for
any reason, and without notice, including the right to terminate the Products and
Services. The SYP reserves the right to modify these Terms and Conditions from time to
time, without notice. Please review these Terms and Conditions from time to time so you
will be apprised of any changes.
11. NON-WAIVER AND SEPARABILITY
SYP' failure to exercise any right or provision of these Terms and Conditions shall not
constitute a waiver of such right or provision. If a court of competent jurisdiction holds
any provision of these Terms and Conditions to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as reflected in
the provision, and agree that the other provisions of these Terms and Conditions remain in
full force and effect.
12. COMMUNICATIONS WITH USERS
SYP reserves the right to communicate with you regarding your use of the Products and
Services.
13. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of SYP, SYP reserves
the right to pursue any and all legal and equitable remedies against you, including,
without limitation, terminating any and all user accounts on any and all of the SYP web
sites.