Terms of service Saturday, November 21, 2009  

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Terms of service

 

 

Access to and use of this service (NST YOUR SAY Mobile Interactive Services) is provided by the NSTP subject to the following terms:

 

By using NST YOUR SAY Mobile Interactive Services and accessing this website, you agree to be legally bound by these terms, which shall take effect immediately on your first use of these services. If you do not agree to be legally bound by all the following terms please do not access and/or use NSTP service.

NSTP may change these terms at any time by posting changes online without notification. Please review these terms regularly to ensure you are aware of any changes made by the NSTP. Your continued use of NSTP Mobile Interactive Services after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

 

 

1. Definitions

 

        NSTP:                    The News Straits Times Press (M) Berhad (NSTP)

 

        Publications:          NSTP’s publications: The New Straits Times (NST), Berita Harian (BH), Harian Metro (HM), and the Malay Mail (MM)

 

      Contents:              Text message, logo, graphics, audio & video that appear on NSTP’s publications, website and/or mobile community web portal that belongs to NSTP

 

      Products:               NSTP’s original artwork, creations, productions, which include its publications’ newspapers page in digital format and the eMedia, NSTP online portal.

 

      Contributions:       Submission of materials (text, photographs, graphics, video or audio) from the public/members to NSTP.

 

            NST YOUR SAY
Mobile “Service(s)”:Mobile services offer by NSTP, which allow the public and
Interactive              its readers to: -

Services                 (1) send SMS views/comments to the editors,

(2)Request download Digital newspapers page,

(3) Send SMS/MMS news stories to editors,

(4) Receive SMS news alerts,

(5) participate in NSTP mobile communities.

 

 

2. Use of NST YOUR SAY Mobile Interactive Services

 

2.1       You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use NST contents & products in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any NSTP contents & products except for your own personal, non-commercial use. Any other use of these content & products require the prior written permission of the NSTP.

 

2.2       You agree to use NST YOUR SAY Mobile Interactive Services only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of NSTP Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within NSTP.

 

2.3       By using the NST YOUR SAY Mobile Interactive Services, you hereby agree to receive information, promotional or advertorial messages, updates and other materials from NSTP that may be made available from time to time at no prior notice to your mobile unit.

 

 

3. Disclaimers and Limitation of Liability

 

3.1       NST YOUR SAY mobile service content, products and services (or to third party products and services), are provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

 

3.2       Under no circumstances will the NSTP be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of NSTP products and mobile services regardless of the form of action.

 

3.3       NSTP does not warrant that functions contained in NST website and/or message/community web portal will be uninterrupted or error free, that defects will be corrected, or that NSTP or the server that makes it available are free of viruses or bugs.

 

 

4. Intellectual Property

 

4.1       The names, images and logos identifying the NSTP, New Straits Times (NST), Berita Harian, Harian Metro and the Malay Mail, or third parties and their products and services are subject to copyright, design rights and trade marks of the NSTP and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright of the NSTP, or any other third party.

 

 

5. Contributions to NSTP

 

5.1       Where you are invited to submit any contribution to NST (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant the NSTP a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the NSTP's Privacy Policy. If you do not want to grant to the NSTP the rights set out above, please do not submit your contribution to NSTP.

 

5.2       Further to paragraph 5.1, by submitting your contribution to NSTP, you warrant that your contribution:

 

5.2.1    whether it is your own original work, copy and snap from any third party’s work that you have the right to make it available to the NSTP for all the purposes specified above;

 

5.2.2    is not defamatory; and
 

5.2.3    does not infringe any law; and
 

5.2.4    indemnify the NSTP against all legal fees, damages and other expenses that may be incurred by the NSTP as a result of your breach of the above warranty; and

 

5.2.5    waive any moral rights in your contribution for the purposes of its submission to and publication on NSTP and the purposes specified above.

 

 

6. NSTP Mobile Community Rules

 

6.1       You agree to use NST Mobile Communities (including All Messages posted by readers, MMS Wap portal & websites) in accordance with the following Community Rules. These apply across all NSTP’s publications’ mobile community sites and services. You should, however, read the local house rules of the particular site or service you’re using, as there may be some local variations to these Community Rules.

 

6.2       About your SMS/MMS messages post:

 

a)         Contributions must be civil and tasteful

 

b)         No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.

 

c)         No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.

 

d)         If you use multiple logins for the purpose of disrupting the community or annoying other users you may have action taken against your accounts.

 

e)         Be patient: users of all ages and abilities may be taking part in the relevant NSTP mobile Community.

 

f)          No spamming or off-topic material: We don’t allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.

 

g)          No advertising

 

h)          No impersonation

 

i)           No inappropriate (e.g. vulgar, offensive etc) user names

 

j)          You may not refer to specific URLs (web site addresses) unless allowed under the relevant local house rules. If you know of a worthy web site relevant to the discussion topic, please inform the host of the Community area.

 

k)         Deliberate misuse of the complaints facility is not permitted. If you persist in doing this action may be taken against your account.

 

Safety:

We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, home address or email address), and please do not include postal addresses of any kind. If you have a helpful address to share, inform the host of the relevant Community area using the 'Contact Us' link, and they will promote it if they see fit.

 

 

7. About the law

 

7.1       You may not submit any defamatory or illegal material of any nature in NSTP Mobile Communities. This includes text, graphics, video, programs or audio. Contributing material with the intention of committing or promoting an illegal act is strictly prohibited.  All the messages must comply with the rules such as the Content Code, set by the Malaysian Communication and Multimedia Commission Act 1998 (MCMC) www.mcmc.gov.my.

 

7.2       All the submitted materials must not violate, plagiaries, or infringe the rights of third parties including copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights.

 

7.3       If you're under 16 years of age, please get a parent or guardian’s permission    before taking part in any NSTP Mobile Community discussion or sending any SMS/MMS to NSTP Mobile Interactive Services and Web portals.

 

7.4       Never reveal any personal information about yourself or anyone else (for example, telephone number, home address or email address).

 

 

8. Breach of Terms of Use

 

8.1       If you fail to abide by these Community Rules (and/or any variations in the  relevant local house rules) when taking part in a NST YOUR SAY Mobile Community service, you will be temporally suspended from taking part in any NST mobile interactive services. Your contributions will not be appearing on NSTP publications or its web portals. A warning may be sent to you via SMS if you continuing to break the rules.

 

8.2       Other actions may be taken such as your mobile community membership or accounts will placed into pre-moderation or a temporary or permanent suspension of your ability to participate in any or all of NST YOUR SAY Mobile Community areas or its mobile services.

 

8.3       If you post or send offensive or inappropriate content anywhere on or to NST YOUR SAY mobile Communities or otherwise engage in any disruptive behaviour on NSTP and the NSTP considers such behaviour to be serious and/or repeated, the NSTP may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement/s and/or initiate legal action against you if it is provided under the law to such extent

 

8.4       The NSTP reserves the right to delete any contribution, or take action against any account, at any time, for any reason.

 

 

9. General

 

9.1       If there is any conflict between these terms and specific terms appearing elsewhere on NSTP (including local house rules) then the latter shall prevail.

 

9.2       If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

 

 

10. Charges

 

10.1     User will be charged a regular fee by their TELCOs for every SMS/MMS sent to NSTP. RM0.50 will be charged to user for every response received and RM1.00 for every newspaper page download requested.

 

10.2     NST reserves to right to review service charges without any notification and subject to change from time to time. Please visit this site for latest service charges.

 

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Last updated: Oct 2005