Terms and Conditions of Use

The Rakyat Post Account Holder Terms and Conditions of Use

Introduction

This agreement (“Agreement“) between you and The Rakyat Post consists of The Rakyat Post’s Standard Terms and Conditions (“Terms and Conditions“). By visiting The Rakyat Post, you 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 The Rakyat Post 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 The Rakyat Post.

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

It is your responsibility to ensure that you understand the Terms and Conditions before you agree to utilize the Site. If you have any questions please contact us with your enquiry at enquiries@therakyatpost.com.

Definitions

“Businesses” means any third party entity that engages The Rakyat Post to advertise, promote or market their products or services through the Site.

“Site” means www.therakyatpost.com

Registration

Before utilizing the website, 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-libellous, 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.

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 Rakyat Post registration form.

You may only apply for and maintain only one The Rakyat Post account.

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 The Rakyat Post Account. The Rakyat Post will not be liable for any losses or damage incurred as a result of the unauthorized use of your user name or password.

The information you provide in The Rakyat Post registration belongs to you.

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

You may only use the Site for lawful purposes.

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 The Rakyat Post Account Holder. It is your responsibility to ensure that your use of the Site complies with this Agreement.

Privacy

Rights to Information

The Rakyat Post may retain and use all information you provide including but not limited to the visitor demographics and contact and billing information. You agree that The Rakyat Post may transfer and disclose to third parties non-personally-identifiable information about you for the purpose demographic study and enabling your participation on the Site, including to third parties that reside in jurisdictions with less restrictive data laws than your own. The Rakyat Post 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. The Rakyat Post disclaims all responsibility, and will not be liable to you, however, for any disclosure of that information by any such third party.

The Rakyat Post may share non-personally-identifiable information about you, including site-specific statistics and similar information collected by The Rakyat Post, with businesses and other third parties.

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 on the Site. 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 Site by deactivating of your The Rakyat Post account and banning you from registering for any further The Rakyat Post account should you violate or fail to comply with any of the following conditions:

  • You must not upload and inject into The Rakyat Post network in any manner any content containing any viruses, Trojan horses, worms, time bombs, cancel bots 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 Site to send unsolicited messages;
  • You must not use, post or transmit any material of any kind which The Rakyat Post considers, does or is likely to damage the Businesses or the reputation of The Rakyat Post;
  • You must not facilitate or encourage any violation of these terms and conditions;
  • You must not infringe the intellectual property rights belonging to The Rakyat Post or that of any other party;
  • 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.

Intellectual Property Rights

You acknowledge that The Rakyat Post owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Site (excluding items licensed by The Rakyat Post from third parties and excluding any third party media player that may subsist on the Site), and that you will not acquire any right, title, or interest in or to the Site 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 The Rakyat Post services, software or documentation.

You will not remove, obscure, or alter The Rakyat Post’s copyright notice or other proprietary rights notices affixed to or contained within any The Rakyat Post’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 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 The Rakyat Post.

If you use the Intellectual Property belonging to The Rakyat Post 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.

No Warranties

Site content 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 representations or warranties that use of the Site will be uninterrupted or error-free.

Limitation of Liability

IN NO EVENT SHALL THE RAKYAT POST 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.

The Rakyat Post 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 The Rakyat Post 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 The Rakyat Post, 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 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 The Rakyat Post 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 The Rakyat Post 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 The Rakyat Post.

We will endeavour 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.

Miscellaneous

These Terms and Conditions make up the entire agreement between the parties regarding the agreement 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.

Transactions with advertisers are between users of The Rakyat Post and the advertiser, The Rakyat Post will not be liable for any loss direct or indirect caused as a result of advertisers. Users acknowledge this and undertake interaction with advertisers at their own risk.

Articles and comments are the personal opinion of the writer and do not necessarily represent the views of The Rakyat Post.

By commenting on The Rakyat Post website you grant The Rakyat Post universal rights to regenerate and republish comments contributed by users. The Rakyat Post is granted a universal right to republish your comments on the website in the form of an article, video or picture media form. The Rakyat Post reserves the right to edit user comments for grammatical errors and or clarity.

The contents provided by users are not paid, except contributing columnists or otherwise stated.

FAQ

Our Commenting & Moderation Policy

Q: What is the Rakyat Post’s Comment Policy?

A: Community and Commenting Guiding Principles: The Rakyat Post has a thriving user community and encourages commenting on news stories and blog posts. We are dedicated to maintaining a respectful, engaging and informative conversation. Towards that end, we have basic ground rules for commenting to maintain a civil atmosphere. They are enforced by a moderating system that features a team of staff, community moderators and moderation tools. If you wish to participate in the community, we ask that you follow these and the spirit of the community they seek to create.

(1) If your comments consistently or intentionally make this community a less civil and enjoyable place to be, we reserve the right to exclude you and your comments.

The Rakyat Post promotes a receptive, transparent and civil atmosphere for comments and users. Critical, in-depth and intelligent discussions and debates are encouraged and the best of these are highlighted in various ways, such as through the Letters from the Rakyat program. Everyone is welcome and encouraged to voice their opinion regardless of identity, politics, ideology, religion or agreement with other community members, the author of the post or staff members as long as those opinions are respectful and constructively add to the conversation. However, this community does not tolerate direct or indirect attacks, name-calling or insults nor does it tolerate intentional attempts to derail, hijack, troll or bait others into an emotional response. These types of comments will be removed where warranted. Individuals who consistently or intentionally post these types of comments may temporarily or permanently lose their ability to comment.

(2) Many comments are pre-moderated.

To maintain a civil atmosphere, our moderation team may read comments before they are displayed to other users. If this is the case, you may see your comment pending approval. Approval times can vary depending on the site-wide comment load, so please be patient — we will get to all comments as quickly as possible. Please, do not resubmit the same comment or complain to the moderators assuming it has been deleted as that just adds needless comments into the pending queue.

(3) Be yourself, only yourself, and just one of yourself.

Every person’s opinion is valuable and unique. Pretending to be someone else removes that unique value from you or from others. Don’t misrepresent yourself or others, spread misinformation, create multiple accounts or “cyber troop”. If you do, you will make the community a less enjoyable and valuable place to be and will be removed when we see it.

(4) We strive to make this community a safe space.

We strongly believe that the Rakyat Post should be a safe space for individuals, groups and their ideas. As such, insulting and hostile language or personal threats are not welcome here. If you directly or indirectly threaten the physical or mental well being of a member of this community, or an individual or group, you will be removed immediately. If a credible threat is made against an individual or group, not only will it be removed but it is likely that it will be reported to law enforcement agencies and we will cooperate with them to any extent requested. Personally identifiable information should not be posted to the Rakyat Post comments section for the privacy and protection of all community members. This includes, but is not limited to addresses, phone numbers, or email addresses. We reserve the right to delete any comments that contain this information.

Q: I posted a comment. Why can’t I see it on the site?

A: If you do not see your comment immediately:

a. It may be pending approval. Comments on blogs and various articles are moderated BEFORE they appear on the site, and this takes time. Since the volume of comments on the site has grown rapidly, there is often a delay between a comment being posted and it being approved, especially during peak hours. We appreciate your patience and ask that you refrain from posting the same comment repeatedly.

b. Your comment violated the policy above. We pride ourselves in providing a medium for engaging and thought-provoking discussions and encourage our users to speak their minds freely, provided comments fall within our commenting policy. We must respect our writers and we try to protect them from vicious and inflammatory comments.

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