GENERAL TERMS AND CONDITIONS OF USE
Version: 18th April 2016
1.2 THE SERVICES INCLUDING ALL SOFTWARE, CONTENT AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND FROM SERVICE PROVIDER OR ANY OWNERS OF CONTENT. IT IS THEREFORE IMPORTANT THAT YOU READ THE ENTIRE AGREEMENTS CAREFULLY BEFORE USING ANY OF OUR SERVICES. BY ACTUALLY ACCESSING AND/OR USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT WE WILL TREAT THAT YOU ARE AGREEING TO BE BOUND BY THESE AGREEMENTS IN ITS ENTIRETY FROM THAT POINT ONWARDS. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) THE AGREEMENTS, DO NOT INSTALL, COPY OR USE RAKU SERRVICES, SOFTWARE OR ANY MUSIC, IMAGES, VIDEO, TEXT, OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE.
2. MODIFICATIONS, ADDITIONS AND/OR DELETIONS OF THE AGREEMENTS
2.1 We may, in our discretion, make changes to the Agreements from time to time. You should look at the terms and conditions of the Agreements regularly. When such changes are made, it will be effective immediately upon posting. You understand and agree that if you use the Services and/or continue to use the Services after the date on which the terms of the Agreements have changed, we will treat your use as acceptance of the amended Agreements.
2.2 You agree to abide by the Agreements (amended, deleted, changed or revised by us from time to time) and such Agreements will be applied generally in a non-discriminatory manner to users of the Services and may include, for example, required or automated updates, modifications, and/or reinstallations of the Software Application and obtaining available patches to address security, interoperability and/or performance issues.
means ASTRO Malaysia Holdings Sdn Bhd (“AMH”) and any person or entity controlled by, or under common control with AMH. "Control" means ownership of shares carrying fifty percent (50%) or more of the votes exercisable at a general meeting (or its equivalent) of a company.
means the content managed and/or provided by us and/or its content provider which includes without limitation all forms of text, graphics video, audio, visual (including still visual images), audio-visual material, other multimedia content, files, data, images, photographs, pictures, logos, video clips, video streaming, news, live feeds and information on demand content made available on or through our Services.
means a thirty (30) or sixty (60) seconds excerpt of a sound recording accessible by You through RAKU Services.
means any computer electronic device, including but not limited to, personal computers, mobile phones, smart phones, tablets, portable media players, mobile gaming consoles, smart TV, etc.
means Website, Software Application and such other platform as may be made available by us, from time to time.
means Content and selected User Generated Content that has been edited by us and Posted through the Services for the viewing and browsing benefits of User.
means to publish, display, submit and/or upload.
“Services” / “RAKU Services”
means the services of RAKU made available by us on website at raku.my as well as on the software applications provided to you via supported iOS and/or Android Mobile device(s) from time to time and made available from any Platform regardless of whether the services are provided for a fee or otherwise.
means the RAKU software application owned, managed and/or operated by the Company and/or Astro Group and is designed to run on the device(s) and made available for free or for a fee on an application distribution platform such as Apple App Store, Google Play, Windows Phone Store, BlackBerry App World and/or through any other different distribution platform, whether known now or in the future.
means a contemporaneous digital transmission of an audio-visual work via the internet from the Service to a User’s Device in such a manner that the data is intended for real-time viewing or listening and not intended to be copied, stored, permanently downloaded, or redistributed by the User..
means individual who is accessing and/or using our Services,.
“User Generated Content”
means any uploaded material, playlist compilations, data shared, or contribution made such as text, links, photographs, graphics, video or audio or other data or information Posted by User on any one or more of our Platform.
means raku.my owned, managed and/or operated by us and/or Astro Group.
4. OUR SERVICES IN GENERAL
4.1 You may access our Services as a –
(a) Free User – An ad-based and free of charge service whereby you can listen to radio stations with talk content (podcasts) or news as well as albums and playlists recommended to you within a shuffle play experience; or
(b) Free User who signs in via Facebook or Astro ID – You can enjoy RAKU Services in a way similar to Free User but with ability to add, save and listen to the content within a shuffle play experience
4.2 RAKU Services is only available in Malaysia at the moment. We reserve the right to limit and/or prohibit your use and/or access to any of our Services at our sole discretion and shall not be liable for any such limitation or prohibition.
4.3 We also reserve the right to change, modify or discontinue, temporarily or permanently, any aspect of the Services provided at any time, without any prior notice to you, without any liability, including, but not limited to the content, functions, purchases, subscription, and/or equipment needed for access or use of the Services.
4.4 You further acknowledge and understand that the Content and/or information provided in any part of our Services may contain technical inaccuracies or typographical errors and as such, we may change or update such Information without any notice and without liability, to you.
4.5 You understand and agree that we have no obligation to maintain, support, upgrade or update the Services, or to provide all or any specific content through the Services.
5.1 Our Services, the Content and materials provided through it are the property of the Company or Company’s licensors, or are included with the permission of the owner of the rights, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of our Services (“Licence”).
5.2 We may assign these Agreements or any part thereof without restrictions. You are not allowed to assign these Agreements or any part thereof, nor transfer or sub-license your rights under this Licence to any third party.
(a) to allow the RAKU Services to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service;
(b) to provide advertising and other information to you; and
(c) to allow our business partners to do the same.
7. PERSONAL DATA AND PRIVACY
8. PARENTAL ADVISORY
9. CORPORATE ENTITY
9.1 Our Services are meant for personal, non-commercial use only. Organisations, companies and/or businesses shall not use our Services or any part thereof for any commercial use, whether or not for the purposes of gaining any form of profits from its clients or users, without our prior written consent.
10. THIRD PARTY SERVICES
10.3 Any dealings with third parties (including advertisers) over the Third Party Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that we 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 website or resource. The purchase of any product or service from a merchant from any one or more of the Third Party Services is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. We have no responsibility or liability for any merchant or your relationship with such merchant.
11. YOUR INFORMATION
11.1 Generally, you can access and/or use any of our Services without disclosing your personal data. However, in order to access certain Services, you may be required to provide us with your information. In such circumstances, you represent and warrant that all information furnished by you to us are true, current, complete and accurate in every material aspects and are not false, misleading, deceptive, defamatory and/or unlawful and we may but have no obligation, whether express or implied, to verify the accuracy and authenticity of any information provided by you. Please take note that we have to right to suspend, revoke, and/or forthwith terminate (a) your access, participation and/or use of any or all of our Services if the information provided by you is untrue, inaccurate, not current or incomplete or we suspect that such information provided by you is untrue, inaccurate, not current or incomplete.
12. USE OF CONTENT
12.1 Except for all User Generated Content, all Content, including without limitation, the text, software, scripts, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks, domain names and logos contained therein (“Marks”), made available on or through our Services are solely owned by us or licensed to us, subject to copyright and other intellectual property rights under the law. We may change any part of or all of our Content or features at any time, in any way, for any or no reason.
12.2 The Licence that is granted to you to access to RAKU Services does not grant you any rights to use the Marks whether for commercial or non-commercial use.
12.3 The Content is provided to you on an “AS IS” basis for your information and personal use only. Except as we specifically agree in writing, the Content shall not be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Services provided hereunder, except that where such Services is configured to enable you to store such Content in a single Device for your personal, non-commercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, Services or brands. Any business use, “re-mailing” or high-volume or automated use of our Services is prohibited.
12.4 You may access certain Content including the Preview Content only in a manner and subject to conditions as stated under these Terms. You further agree not to engage in the use, copying, or distribution of any or all of the Content other than expressly permitted herein, including any use, copying, or distribution of any part of the Content for any commercial purpose whatsoever.
12.5 You agree that when accessing and/or using our Services, you may be exposed to User Generated Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, protection or integrity of or intellectual property rights relating to such User Generated Content. You further understand and acknowledge that you may be exposed to User Generated Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Us with respect thereto, and agree to indemnify and hold the Company, Astro Group, its operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use and/or access of our Services.
13. YOUR CONDUCT – USE OF OUR SERVICES
13.2 You shall refrain from engaging in prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of Services.
13.3 You agree to (a) notify us immediately of any unauthorised use of our Services and/or (b) unauthorised use of your personal data. We cannot and shall not be liable for any loss or damage arising from your failure to comply with this provision.
13.4 You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through the Services. Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding on-line communication in the country in which you reside.
13.5 You may not use our Services in any manner that could damage, disable, overburden, or impair any one or more of our Platform(s) or the network(s) connected to such Platform which is used to provide the Services or interfere with any User's use and enjoyment of our Services. You shall not attempt to gain unauthorized access to any of our Services, Platform and/or our User’s personal data, computer systems or networks connected to the Platform, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
13.6 Where charges are applicable, you agree to be responsible for payment of all applicable charges incurred as a result of your use of the Services, including but not limited to the use or misuse by an unauthorised third party, or any error, accidental use or loss.
13.7 You agree not to distribute in any medium any part of our Services, including but not limited to our Content, Preview Content and/or User Generated Content without our prior written authorization.
13.8 You agree not to alter or modify any part of our Services, including but not limited to the embedded player or any of its related technologies.
13.9 You agree not to access our Content through any technology or means other than the embeddable player or other explicitly authorized means we may designate. You understand and acknowledge that your rights with respect to the Content will be limited by copyright law.
13.10 You undertake not to use our Services or any part thereof for any commercial use without our prior written authorization.
14. USER GENERATED CONTENT AND YOUR CONDUCT
14.4 You understand and agree that we may retain and store, but not display, distribute, or perform, server copies of User Generated Content that have been removed or deleted. The above licenses granted to us, by you in User Generated Content is irrevocable.
14.5 Further to the foregoing paragraph, by submitting your User Generated Content in any of our Platform(s) , you warrant that –
(b) your User Generated Content is not defamatory, offensive, abusive or obscene;
(c) your User Generated Content does not infringe any law, or intellectual property or publicity rights of others;
(d) you shall be solely responsible for your own User Generated Content and the consequences of Posting or publishing them;
(e) you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post material and to grant us all of the license rights granted herein;
(f) you shall indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the above warranty; and
(g) waive any moral rights in your User Generated Content for the purposes of its submission to and publication in any of our Platform and the purposes specified above.
14.6 You understand that whether or not such User Generated Content is Posted, we do not guarantee any confidentiality with respect to any User Generated Content.
14.9 Below is a partial list of the kind of User Generated Content that is illegal or prohibited on our Platform. Posting of any of this User Generated Content by you may, in our sole discretion, result in the revocation, suspension and/or termination of your use and/or access of our Services. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from any of the Platform(s) and reporting such violators to the appropriate legal authorities. Prohibited User Generated Content includes, but is not limited to, User Generated Content which, in our sole judgment:
• is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;
• includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous;
• constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images, or video, or links to pirated music, image, or video files, or (4) Content which otherwise violates the terms of clause 13;
• displays pornographic or sexually explicit material of any kind;
• includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;
• constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, or advertising; or
• solicit people you don't know to add you or accept you as a friend on the Service.
• solicit and engages in political discussions
Even though all of the above User Generated Content is strictly prohibited, there is a small chance that you might become exposed to such items while using and/or accessing our Services. IF SO, WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, ADVERTISERS OR CORPORATE PARTNERS SHALL NOT BE LIABLE IN ANY WAY OR RESPONSIBLE FOR ANY LOSS OR DAMAGES (TO OR FROM ANY PARTY) RELATED TO SUCH EXPOSURE.
14.10 Further restrictions on your use and/or access of our Services
(i) You must use and/or access our Services in a manner consistent with any and all applicable laws and regulations.
14.11 Copyright Protection Policy.
If you believe that your work has been copied and Posted in any of our Platform through the use of our Services, without your permission or in any other way that constitutes copyright infringement or if you have any form of complaint or grievances in relation to the User Generated Content Posted, please contact us at the addresses provided in our Websites.
15. SOFTWARE APPLICATION
15.1 We give you a personal, limited, non-exclusive license to install and use the Software Application for your non-commercial use on certain compatible Device. Any commercial use is prohibited.
15.2 You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Software Application or rights to use the Software Application. These Agreements shall commence on the date that you install or otherwise use the Software Application. For clarity, Our Software Application is licensed, not sold, to you, and we retain ownership of all copies of the Software Application even after installation on your Device.
15.3 Your rights to use the Software Application is limited to the licence grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Software Application or any component of it, except as expressly authorised by us. You are prohibited from making a copy of the Software Application available on a network where it could be used or downloaded by multiple users.
15.4 You shall not decompile, disassemble, and attempt to extract the source code or reverse engineer the Software Application, or any component thereof, by any means whatsoever.
15.6 Our Software Application may not be available to all Devices. You assume all responsibility to find out information regarding the end-user equipment and software necessary to use and/or access our Services and you shall assume all risks associated therewith.
16. DISCLAIMER AND LIMITATION OF LIABILITY
16.1 We will make reasonable efforts to keep the RAKU Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We make no warranty that our Services will meet your requirement or that our Services will be secure, timely, uninterrupted or error free, or that any data, content, information, or other material accessible on or through any of our Platform are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Platform for the reconstruction of any lost data. All use and/or access of our Services are at your own risk and you are solely responsible for all damages resulting therefrom.
16.2 WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE AND/OR ACCESS OF OURSERVICES, ANY USER GENERATED CONTENT (POSTED IN ANY OF OUR PLATFORM ) OR TRANSMITTED TO YOU OR OTHER USER, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF OUR SERVICES, WHETHER ONLINE OR OFFLINE.
16.3 We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or User communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or in any of our Platform or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any User, or any other person related to or resulting from use and/or access of our Services or otherwise in any way in connection with the Services. The Services are provided on an "AS-IS" basis and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of our Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Services shall create any warranty not expressly stated herein.
16.4 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR THE OWNER OF THE CONTENT SHALL BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSSES AND/OR DAMAGES WHATSOEVER SUFFERED INCURRED AND/OR SUSTAINED BY YOU THAT RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE OUR SERVICES, ANY CHANGES TO OUR SERVICES OR UNAUTHORISED ACCESS TO OR ALTERNATION OF YOUR TRANSMISSION OR DATA, OR COMMUNICATION, TRANSMISSION, MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY OF OUR PLATFORM OR ARISING IN CONNECTION WITH THE FRAUDULENT OR UNLAWFUL ACTS OF ANY THIRD PARTY, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.5 You specifically agree that we are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
16.6 IF YOU ARE DISSATISFIED WITH OUR SERVICES, ITS CONTENT, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICES OR WITH THE PROVISION OF THESE AGREEMENTS, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND/OR USE THE SERVICES AND WHERE SOFTWARE APPLICATION HAS BEEN INSTALLED, TO UNINSTALL IT.
16.7 We will take reasonable measures to maintain the privacy and security of all personal data provided by you in any of our Platform, but third parties (such as hackers) may breach or attempt to breach our security measures or may gain unauthorized access to our database or other equipment containing your personal data. YOU AGREE THAT WE SHALL NOT IN ANY WAY BE LIABLE FOR ANY LOSS AND DAMAGES OF ANY SORT, WHETHER ARISING UNDER CONTRACT, TORT OR OTEHRWISE WITH RESPECT TO ANY BREACH OF SECURITY OF OUR PLATFORM OR ANY OF OUR EQUIPMENT OR USER INFORMATION.
16.8 Our Services provided from different Platform is controlled and offered by us from our facilities in Malaysia. We make no representation that the Services is appropriate or available for use in other regions and countries. Those who access or use our Services from other jurisdictions do so at their own violation and are responsible for compliance with local law.
17.2 The provisions of these clauses are for the benefit of the Company and its officers, directors, employees, agents, shareholders, licensors and suppliers to our Services. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
18. DISCLOSURE AND CONFIDENTIALITY
18.2 Any non-personal information or material sent to us by you will generally NOT be treated as confidential.
19. PROPRIETARY RIGHTS COPYRIGHT
19.2 Elements of the Website, Software Application and any other Platform, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
19.3 No logo, graphic, sound or image found in our Services through the different Platform may be copied or retransmitted unless we expressly allows it in writing.
20. TRADEMARKS AND THIRD PARTY MARKS
21. TERMINATION PROCESS AND RESTRICTIONS
21.1 Without limiting anything herein contained, we reserve the right to cancel, withdraw, suspend or terminate your use and/or access to our Services for any reason whatsoever at our sole discretion without notice to you and without liability.
(a) we suspect fraudulent use;
(b) you materially violate these Agreements, any applicable law, rule or regulation relating to the use of and/or access to our Services through any one or more of our Platform;
(c) any law, regulation or governmental action renders all or any portion of the Services or Platform unlawful or impracticable; or
(d) Your use of and/or access to our Services impairs or threatens to impair the integrity or functionality of our network in any manner; or
21.3 YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CANCELLATION, WITHDRAWAL, SUSPENSION OR TERMINATION OF YOUR USE OF AND/OR ACCESS TO OUR SERVICES THOUGH ANY ONE OR MORE OF THE PLATFORM AND YOU HEREBY RELEASE US FROM ANY LIABILITY WHATSOVER.
22. GENERAL PROVISIONS
22.5 The governing law of these Agreements shall be laws of Malaysia. Any dispute, claim or controversy arising out of the Services or these Agreements shall be finally resolved by arbitration conducted in Kuala Lumpur in the English language by sole arbitrator in accordance with the rules of Kuala Lumpur Regional Centre for Arbitration (“KLRCA”). Company and you agree that each party may only bring claims against the other in its or your individual capacity and not as a class member or in any representative capacity or proceeding. An arbitration must be commenced by filing a demand for arbitration within one (1) year from the date the party asserting the claims first knows or reasonably should know of the cause of action arose giving rise to to the claim; otherwise, such cause of action is permanently barred.
22.6 We may assign its rights and obligations under these Agreements or any part thereof to any party at any time without notice to you and these Agreements shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.
22.7 The owners of the Content are intended beneficiaries of these Agreements and shall have the right to enforce these Agreements against you.