Terms and Conditions
‘Photokaki’ and a number of other parties have developed the Photokaki.com web site & forum to provide access to information that is required by anyone involved in the web site. Photokaki has its own separate identity but in this web site we may sometimes use “Photokaki.com”, “Photokaki”, “PK”, “we” or “us” when we refer to Photokaki in general, or where no useful purpose is served by identifying any particular section or service. For the purposes of these terms and conditions, “web site” means the URL http://www.photokaki.com site, which has links to other external web sites. Visitors to the Photokaki site are bound by the terms and conditions set out below so please read these carefully before continuing. Other web sites, which are accessible from Photokaki.com, may contain terms and conditions which are different from these terms and conditions. When using Photokaki.com, please check the terms and conditions of each web site that you visit and do not assume that the terms and conditions of Photokaki.com listed below apply to the other web sites that you may access.
Permitted Use: Non-Official Information
Any requests for permission to use the non-official Content in a manner other than permitted by these Terms and Conditions should be addressed, to the third party supplier of the information. If you breach any of these Terms and Conditions, your authorisation to use this web site automatically terminates and you must immediately destroy any downloaded or printed materials.
You may not modify the materials on this web site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public purpose.
You shall not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any portion of this web site.
You must not permanently store or otherwise copy the non-official Content for wider distribution or commercial gain.
The names, images and logos identifying ‘Photokaki’, third parties and their information, products and services are proprietary marks of the Photokaki Media or those third parties. Copyright is claimed in the materials provided in the web site and any unauthorised use of any materials at this web site may violate copyright, trademark, and other laws.
Unless otherwise stated, any intellectual property rights arising in respect of the web site’s design, text, graphics, its selection and arrangement, software and all other material (the ‘Content’) on or in the web site belong to Photokaki.com as represented by either ‘Photokaki’ or third party content providers.
Copying or use of such intellectual property rights or software is not permitted without the prior approval of the intellectual property owner, unless expressly allowed under these Terms and Conditions.
Photokaki Copyright 2009
This permission is subject to the material being reproduced accurately and not used in a misleading context. Where any of the Photokaki copyright items on or provided by the web site are being republished or copied to others, the source of the material must be identified and the copyright status acknowledged. Other re-use of the Photokaki copyright material is subject to the written approval from Photokaki and its owner(s).
The permission to reproduce Photokaki protected material does not extend to any material on this web site that is identified as being copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.
Unauthorised access by third parties
It is possible that third parties may access the web site and alter its contents. ‘Photokaki’ will not be liable for any damages or loss arising out of or resulting from any unauthorised access to, alteration to or modification of information contained on this web site.
Third party content
The Site may contain material, including advertising and sponsorship, which originates from third parties.
The web site incorporates links to other sites designed, maintained and operated by third parties, but this does not imply that we approve or endorse the contents of those sites or the material available from them. If you use these sites, you will leave this web site. These links are provided for your convenience only and ‘Photokaki’ is not responsible for the content or availability of those sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
Links do not imply that ‘Photokaki’ endorses, is affiliated or associated with, or is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trade mark, trade name, logo or copyright symbol of ‘Photokaki’ or its media.
We require all providers of information to ensure the accuracy and completeness of their information. For this reason, we provide the information without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
The information provided on or via this web site is intended to be informative only and is provided on an “as is” and “as available” basis. We encourage you to exercise discretion whilst using this web site and to seek independent advice. You acknowledge that any reliance upon any information obtained or received via the web site shall be at your sole risk.
We do not warrant that the functions of the web site will be uninterrupted or error free, that defects will be corrected, or that this web site or the servers that make it available are free of viruses. In no event will we be liable for negligence, any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of the web site.
Limit of Liability
IN NO EVENT SHALL WE, OUR REPRESEMTATIVES, OFFICERS, OR OUR 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). OUR LIABILITY, AND THE LIABILITY OF OUR REPRESENTATIVES, SUBSIDIARIES, OFFICERS, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 3 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Indemnity. You agree to indemnify and hold us and (as applicable) our representatives, and agents, 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.
You may only use the web site for lawful purposes.
You must not use the web site for any of the following:
For fraudulent purposes or in connection with a criminal offence or other unlawful activity.
To send, state, publish, use or reuse any material which is offensive, abusive, defamatory, indecent, obscene, threatening or illegal or in breach of copyright, trade mark, confidence, privacy or any other rights.
To transmit any chain letters, spam letters, or junk e-mail or participate in mischievous or malicious behaviour which causes or may cause damage, annoyance, inconvenience or needless anxiety to ‘Photokaki’, this web site or any other member or user of this web site.
You must not transmit, distribute or store any material that may infringe third party rights or violate any relevant laws and/or regulations. This includes, without limitation, material that is protected by copyright, trade mark, trade secret or intellectual property right that you use without permission.
You may not circumvent or attempt to circumvent ‘Photokaki’ security measures or try to modify the Content except as expressly permitted.
We pride ourselves on keeping up to the minute in terms of advances in technology and legal developments. As these areas are ever changing, we recommend that you refer to web site on a regular basis in order to ensure that you are aware of our most recent Terms, Privacy Statement and other policies.
‘Photokaki’ reserves the right to modify, add to or change these Terms and Conditions, our Privacy Statement, and any other policies at any time without notice. Any such modifications, additions or changes will be effective immediately on being posted to the web site. Continued use of this web site after a modification, addition or change has been made is your acceptance of the modification, addition or change.
Operation of Web Site
The web site may change in format and content at any time.
The archiving of old material will be in accordance with the web site’s IT housekeeping process.
The web site may be suspended from operation for support or maintenance work, in order to update the content or for any other reason. The web site reserves the right to terminate access to the web site at any time and without prior notice.
Law and Disputes
The Terms and Conditions shall be governed and construed in accordance with the laws of Malaysia and any dispute arising in relation to the web site whether on contract or in tort or otherwise shall be subject to the non-exclusive jurisdiction of the Malaysia Courts.
‘Photokaki’ reserves the right to bring proceedings in the courts of the country of your residence or your principal place of business.
Listing and Selling
You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.
All listed items must be listed in an appropriate category You may list your products only in appropriate categories. All items sold in quantity must be identical (the size, color, make, and model must be the same for each item). In your listings, you may not link to or include advertising for goods or services which (a) describes an item that you are not trying to sell on http://www.photokaki.com; (b) you do not have a right to link to or include. We reserve the right to remove a members listing if found that : (a) Seller’s registration details and contact information is in-valid, not contactable, or misleading. (b) Seller has been suspended from trading for any other reason which against our guideline, rules and regulations. You may not list on our site or sell any item using our site which: (a) infringes any third party’s copyright, intellectual property, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) otherwise causes legally-recognized harm (such as a product that contains a defamatory statement); or (c) is illegal under, or your sale to the buyer would violate, any applicable law, statute, ordinance or regulation. Without limiting the foregoing, you may not list on our site or sell through our site, alcohol beverage or items of a pornographic nature. Furthermore, you may not list on our site or sell through our site any item that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation. Such items include, without limitation, any real estate, stocks or bonds, insurance or other financial services. http://www.photokaki.com reserves the right to remove any items that it deems, according to its own discretion.
You and http://www.photokaki.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
You may not assign, resell, sub-license or otherwise transfer any of your rights under these Terms and Conditions. We reserve the right to assign, sub-licence or transfer any obligations under these Terms and Conditions to a third party. In the event that we transfer the operation of this web site to a third party we reserve the right to transfer this agreement to that third party.
These Terms and Conditions cannot be varied except in writing by ‘Photokaki’.
Any breach of these Terms and Conditions shall entitle ‘Photokaki’ to immediately terminate your use of the web site and/or the agreement with you without notice.
If any provision in these Terms and Conditions is found to be invalid or unenforceable by any authority having competent jurisdiction, such invalidity or unenforceability shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Failure by either party to insist upon strict performance of any provision of these Terms and Conditions, or the failure of either party to exercise any right or remedy to which it is entitled under these Terms and Conditions shall not constitute a waiver of that right or remedy and shall not cause a diminution of the obligations established under these Terms and Conditions.
Headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.
Definition of terms:
“Third Party Content means the information, documents, material, advertising and sponsorship advertisements provided on or via the web site. The copyright in this content does not rest with the consent of the copyright holder.”