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Term of Service of BaganNET |
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1. Acceptance of Terms of Service
BaganNET is provided free of charge to you by Bagan Cybertech Co., Ltd. Although portions of BaganNET may be viewed simply by visiting the web site, in order to access the message boards and/or receive additional services from BaganNET you need to sign on as a guest or register as a member. If you sign on to BaganNET as a guest, these Terms of Service will govern your use of BaganNET, including access to message boards and other features. If you register as a member of BAGANNET, these Terms of Service will govern your use of BAGANNET, including access to message boards, chat rooms, the e-mail account and personal website that may be provided to you in connection with BaganNET and other features. By signing on to BaganNET as a guest and/or completing the registration process and selecting the "Sign In" option, You are indicating your agreement to be bound by these terms of service as such terms may be modified from time to time. These Terms of Service govern your use of BaganNET and all services provided in connection with BaganNET, including but not limited to any e-mail accounts provided to you by BaganNET. BaganNET shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter BaganNET. The Terms of Service for your continued use of BaganNET will be available throughout BaganNET. Please check these areas before using BaganNET to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with BaganNET immediately (i) by notifying BaganNET of your unwillingness to accept the changes to the Terms of Service; and (ii) by discontinuing your use of BaganNET. Your continued use of BaganNET will signify your acceptance of any change in the terms and conditions set forth herein.
2. Registration Information/Privacy Policy
When you register for BaganNET, you will be required to provide BaganNET with the following information: your name, e-mail address, mailing address, country, gender, age, birth-date, member name and password.
Any information provided by you or gathered by BaganNET or third parties during any visit to BaganNET shall be subject to the terms of BaganNET's Privacy Policy, which is incorporated herein by reference. Click here if you wish to read BaganNET's Privacy Policy. BaganNET reserves the right to offer you third party services and products based on the preferences that you identify during the registration process and based on your subsequent preferences; such offers may be provided to you by BaganNET.
BaganNET reserves the right to terminate your BaganNET e-mail account and remove your personal BaganNET website if BaganNET learns that you have provided BaganNET with false or misleading registration information.
3. Termination
BaganNET reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access BaganNET and/or any other service provided to you by BaganNET including any e-mail account upon any breach by you of the Terms of Service.
4. Modifications of these Terms of Service
BaganNET may modify these Terms of Service from time to time in its sole discretion. Each time you log on to BaganNET, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right (at BaganNET's discretion) to provide you notice of such changes to your BaganNET e-mail account, any other e-mail address you have provided to BaganNET, or post office address you have provided to BaganNET.
5. Modifications of the BaganNET Network
BaganNET may modify or discontinue BaganNET with or without notice to you and without liability to you or any third party.
6. Content of Messages
You alone are responsible for the content of your messages, and the consequences of any such messages. BaganNET reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. BaganNET is to be used by you for your personal use only. Commercial uses of BaganNET are strictly prohibited unless prior written consent from BaganNET has been granted. You agree that you will not use BaganNET for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use BaganNET to send or post on message boards or any place on BaganNET, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by BaganNET in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on BaganNET. BaganNET reserves the right to delete any such material from BaganNET. BaganNET will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of BaganNET. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use BaganNET to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) BaganNET permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to BaganNET, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on BaganNET is not protected by Rights rests with you. You acknowledge that BaganNET may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of BaganNET, including message boards, forums, personal websites and chat rooms, you grant BaganNET and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on BAGANNET retains any and all Rights that may exist in such content.
Anything contained herein to the contrary notwithstanding. by submitting content to any message boards chats experts areas, question and answer forums, sweepstakes, contests or any other area on BaganNET, you hereby expressly permit BaganNET to identify you as the contributor of such content in any publication in any form, media or technology now known or later developed in connection with the content, unless you otherwise notify BaganNET's Legal department in writing at the time you submit the content that you do not wish to be identified.
7. Third Party Services
You may order services or merchandise through BaganNET from other persons not affiliated with BaganNET ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. BaganNET makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider BaganNET nor will BaganNET be construed as a party to such transactions, whether or not BaganNET may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
BaganNET may include special routing icons which may be located within BaganNET, the activation of which will allow you to access and learn more about BaganNET and other services provided by BaganNET or its affiliates whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.
8. Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify BaganNET of any unauthorized use of your registration or password.
9. Notification of Any Possible Copyright Infringement
In the event you believe that material or content published on the BaganNET Network may infringe on another's or your copyright, please provide detailed written notice of such possible infringement to Customer Service, Bagan Cybertech Co., Ltd.,No.617, Pyay Road, Kymayut, Township, Yangon, Myanmar, send a detailed e-mail message to sales@bagan.net.mm or call 951-515250.
10. Disclaimer of Warranties
You expressly agree that use of BaganNET is at your sole risk and BaganNET is provided on " as is" and "as available" basis. BaganNET expressly disclaims all warranties if any kind express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
BaganNET make no warranty that BaganNET will meet your requirements or that BaganNET will be uninterrupted, timely secure or error free, nor does BaganNET make any warranty as to the results that may be obtained from the use of BaganNET. BaganNeT will not be liable for ant direct consequential or incidental damages, whether foreseeable or not, which may result from the unavailability or malfunction of BaganNET.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of BaganNET is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
You understand and agree that BaganNET does not guarantee the accuracy or completeness of any information in or provided in connection with BaganNET . BaganNET is not responsible for any errors or omissions or for the results obtained with the understanding that neither BaganNET nor its members, while such members are participating in BaganNET, are engaged in rendering legal, medial, counseling or other professional services or advice. BaganNET encourages you to seek appropriate professional advice or care for any situation or problem which you may have.
BaganNET shall not be responsible for any loss or damage caused, or alleged to have been caused directly or indirectly, by the information or ideas contained, suggested or referenced in BaganNET. Your participation in BaganNET is solely at your own risk no advice or information whether oral or written, obtained by you from BaganNET or through BaganNET, its employees, consultants and/or experts shall create any warranty not expressly made herein.
BaganNET makes no warranty regarding any goods or services purchased or obtained through BaganNET or any transactions entered into through BaganNET or any transactions entered into through BaganNET.
BaganNET is not responsible for the content on the internet or world wide web pages that are contained outside BaganNET's site. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against BaganNET with respect to such sites.
By permitting classified and personal advertising, BaganNET makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of ant such advertisement. BaganNET specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on BaganNET, you are promising that the content of your advertisement is true and that you will indemnify BaganNET against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on BaganNET, you waive any claims against BaganNET for damages arising from such advertisement or your reliance upon statements in such advertisement.
11. Indemnification
You agree to indemnify and hold each of BaganNET, their parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of BaganNET, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
12. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Union of Myanmar, without giving effect to its conflicts of laws provisions. By registering for or entering BaganNET, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in the Union of Myanmar.
13. Remedies for Breach of these Terms by You
In the event that BaganNET determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of BaganNET, BaganNET reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to BaganNET; (iii) delete all content provided by you to BaganNET; (iv) discontinue your registration(s) with BaganNET and/or any other BaganNET community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which BaganNET deems to be appropriate.
If your registration(s) with or ability to access BaganNET, any other BaganNET community and/or any other service provided to you by BaganNET is discontinued by BaganNET due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of BaganNET, then you agree that you shall not attempt to re-register with or access BaganNET, any other BaganNET community and/or any other service provided by BaganNET, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, BaganNET reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you.
14. Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
BaganNET may assign its rights and obligations under these Terms of Service and upon such assignment BaganNET may be relieved of any further obligation hereunder.
You represent to BaganNET that you have the authority to register with or visit BaganNET according to these Terms of Service. BaganNET does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit BaganNET.
These Terms of Service constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of BaganNET, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
BaganNET reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days' prior written notice to you.
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Membership
