terms of use
XTOPIA IO., (hereinafter: “XTOPIA IO”, “XTOPIA”, “we” or “the Company”) sincerely thank you (hereinafter: “the User” or “you”) for using the XTOPIA website that is available at the following address: https://www.xtopia.io (hereinafter: “the Website”) that provides registered users with a platform for building websites and additional incidental services (hereinafter: “the Services”) (as defined at length in section 2 hereof). The Terms of Use detailed below (hereinafter: “Terms of Use”) apply to your use of the Website and the Services.

1. Agreement to the Terms of Use

Please read carefully: by accessing and using the Website or by using the Services or your intrinsic registration and opening of an account you are granting your consent and confirmation that you have read and understood these Terms of Use (including the conditions set out in the “Privacy Policy” of the Website that may be found at the following link: https://www.xtopia.io (hereinafter collectively: “the Conditions”), you agree that the conditions will be binding upon you and that you will act in accordance with all applicable laws and regulations relating to the use of the Website and the Services and you confirm that these Conditions constitute a legally binding and enforceable agreement between the Company and you. If you do not agree to any of the Conditions set out below, you must immediately stop uploading or accessing the Website or accessing or using the Services, and you are not entitled to make any use whatsoever of the Website and the Services. Please note: use of the Website and the Services is designed for users above the age of 13 only. If you are not above the age of 13 – you may not use the Website and the Services.


2. The Website and the Services

The Website provides registered users with a friendly and convenient internet platform for building their own websites (hereinafter: “the Platform”). In the framework of the use of the Platform, users are given the option of using the templates (hereinafter: “Templates”) and pictures/illustrations (hereinafter: “Images”) in order to design and set up their own internet website (“the Dedicated Website”). The Templates and the Images offered to users have been created and designed by XTOPIA IO and/or by the users (hereinafter: “Designers”). The Website also enables users to upload to the Platform, Templates, Images as well as any other content that may assist other users to set up their own Websites as detailed in section 13 hereof, which deals with user content. The Websites that have been set up by means of the Platform will be stored on the Company’s servers or third party servers with whom the Company contracts, (as set out in the Privacy Policy) (hereinafter collectively called: “the Services”).

Details concerning the information that is gathered following users’ use of the Website and the Services may be found on the Website Privacy Policy appearing in the following link: https://www.xtopia.io/privacy-notice

Please note: some Services that are provided to registered users involve payment. Further details regarding the Services involving payment, the amount of the payment and the payment term, are set out on the Website. XTOPIA IO reserves the right to modify at any time, at its sole determination, the amount of the payment and the payment terms for using the Services in the future. you confirm that the Company will have no responsibility in relation to the method of collecting the payment that is not made directly by the Company (e.g. by means of various clearing service suppliers such as PayPal).
 Note that the Website supplies diverse content such as contact creation particulars, video clips, text, computer files, logos, icons, pictures, data, links, other special content, technical data, documentation, know-how, materials, specifications, designs, the “look and feel” of the Website, algorithms, source code, machine code, interfaces, graphics, illustrations, pictures, animation and other content that is presented on or by means of the Website (hereinafter: “the Website Content”).

It is further clarified that the Platform supplies various content including Templates and Images that have been created and designed by XTOPIA IO that may be used by the User in the framework of receiving the Services from XTOPIA IO, for purposes of setting up a Website by means of the Platform only. XTOPIA IO does not allow it's users to embedd the website, which was generated by XTOPIA IO as an "iframe" in another web hosting services, aka as "masking".

Note: The Website, the Website Content, the content that is available by means of using the Platform, the user content and the Services are given to you “AS IS”. The User agrees and confirms that the use of the Website, the Website Content, the content available by means of using the Platform, the user content and the Services are at his sole responsibility and that the Company bears no liability for the consequences that may arise from the use thereof, including responsibility pertaining to the functioning of the Website, the supply of the Services, the functioning and/or non-functioning of the Dedicated Websites, the commercial success or lack of success of the Dedicated Websites, the compatibility or incompatibility of the Dedicated Website to the relevant target population, the satisfaction of the users and/or surfers from the Dedicated Websites, the speed and reliability of the Services and/or the consequences of using the Services. The Company shall not be responsible for any damage whatsoever, including, but not limited to, any damage that results from your use of the Website, the Website Content, the content available by means of using the Platform, the content of the users and the Services.

The User is aware and agrees that he is exclusively responsible for all decisions or acts that have been taken or made by him as a result of or in connection with any use of the Website, the Website Content, the content available by means of using the Platform, the user content and the Services (including in relation to the user content that he has chosen to integrate in the Dedicated Websites, etc.).

The User agrees and recognizes the fact that the setting up and operation of a website (including everything included therein) and may trigger duties by virtue of various laws. Although the Services are designed to assist the User to set up, design and store a website, , the Company neither has nor will have any liability for the User’s compliance with the legal (or contractual) requirements that apply to the Dedicated Websites (including registration duties of the Website or a domain name as required and the use of a domain name subject to the ICANN Rules and/or the MYNIC Berhad), and the User hereby agrees that he and only he is subject to the full responsibility for fulfilling these requirements, and the User confirms that the Company is not subject to such requirements, directly or indirectly.

The User agrees and confirms that the Services (including the Website and the Dedicated Websites) may include advertising content of third parties, from time to time. This advertising content is the sole responsibility of the advertiser, and the Company shall have no liability and responsibility in that context. In addition, the User agrees and confirms that the Company is neither bound nor able to verify the data that is presented in such advertising content.


3. Minors


In order to use the Website and/or the Services, you must be above the age of 13. We reserve the right to demand proof from the users of their age at any time, in order to enable us to verify that minors below the age of 13 are not using the Website and/or the Services. If we become aware of a person below the age of 13 who is using the Website or the Services, we will prohibit and prevent him from entering the Website or making use of the Services, and use the maximum effort to erase any Personal Information regarding him (as that term is defined in our Privacy Policy contained on this page.


4. Registration for service and your account

In order to use the Platform and the Services, the User must create a user account. The user account will include all the information that the User will provide or be requested to provide https://www.xtopia.io/privacy-notice to the Company by means of the registration form appearing on the Website (hereinafter: “Account”). Registration and creation of the Account by users is free. Further information pertaining to the registration and information that is collected following the registration and creation of the Account may be found on the Website Privacy Notice at: https://www.xtopia.io/privacy-notice

You must supply complete, true and accurate information in order to create an Account and you hereby agree that you will not improperly misrepresent your identity or any other particular in the Account.

You are exclusively and fully responsible for maintaining the confidentiality of the password, user name and your Account and all activity that will be carried out under your password or in the framework of your Account. If we believe in good faith that the setting up of an Account by means of another person identifying particulars, then you are exposing yourself to criminal or civil liability.

 You may not transfer or assign your rights or delegate your obligations under the Account without the Company’s prior written consent. You must immediately report to us any unauthorized use of your password or of your Account including in connection with any security vulnerability. The Company will bear no responsibility for any loss or damage that has been caused as a result of your inability to meet these conditions or the unauthorized use of your password or your Account, or following security vulnerability. In such cases, you may be liable to damages that have been caused to the Company or others.

 If you wish to change or recover a password, you may do so by means of changing the definitions of your Account. In order to delete the Account, you may turn to us by e-mail at: updates@ximnet.com.my. Cancellation of the Account will be carried out within a reasonable time of your communication, and from the moment of the cancellation, you will no longer be able to access the Account or view the data in the Account.

Note: Deletion of the Account may cause the loss of content and data (including the user content that you have created and other features that you have designed in the Account and/or on your Dedicated Website) and the Company will bear no responsibility in relation to such loss.


5. User’s liability

As a condition for your using the Website and/or the Services, you represent and warrant to the Company that:
• you will not breach the Conditions contained in this Agreement; and

• in performing this Agreement, you are not in breach of any agreement to which you may be subject by law towards any third party; and

• you will not make use of the content that is available in the framework of the Platform otherwise than for purposes of setting up a Dedicated Website by means of the Platform. It is stated that use may


Certain conduct is absolutely prohibited in the framework of the use of the Website or the Services. Please study well the prohibitions appearing below. Failure by you to comply with the terms that are set out below could (at the Company’s sole determination) lead to the termination of your access to the Website or the Services and could in addition expose you to civil or criminal liability.

You may not (either personally or by persons on your behalf): 
(i) copy, modify, adapt, translate, do acts of reverse engineering, reverse compilation, dismantle, publicize, disseminate or broadcast in any manner, the Website or the content appearing therein; 

(ii) make any use of the Website Content for any purpose or duplicate or copy such content without receiving the Company’s prior written authorization; 

(iii) create a browser environment or other demarcation of the information surrounding the Company’s content (presentation of the information in the framework of framing is prohibited); 

(iv) harm or infringe the right to confidentiality or any other right of another user, or gather identifying and personal information of users without receiving their express consent, including by using a “robot”, “spider”, to effect searches on the Website or part thereof, including the databanks of or retrieve information from the Website or from parts thereof including the databanks or by means of a manual or automatic device or by means of a process that enables retrieval, create a key (index) or data mining; 

(v) libel, defame, abuse, stalk, harass, threat or otherwise infringe legal rights of others, including other users; 

(vi) transfer or otherwise create in connection with the Website or the Dedicated Websites of users, any virus “worm”, Trojan Horse, bug, spyware, malware, or other computer code, file or other program that may or is intended to harm the operation of any hardware, software or communications equipment or any code or component that is harmful or has the potential to cause harm or is disruptive or invasive; 

(vii) damage the operation of the Website and/or the Dedicated Websites that have been set up by users and/or the Services, delay or disrupt the same or delay or harm any act or disrupt any act of servers or other networks that host the Website or the Dedicated Websites or enable the availability thereof, or fail to comply with any demand, practice, policy or regulation of such servers or networks; 

(viii) sell, license, or exploit for any commercial purpose any use or access to the Services or the Website without the Company’s express consent, including use of the content therein appearing; 

(ix) frame or mirror any part of the Website without the Company’s express prior written authorization;

(x) create a databank by systematically downloading and storing all or any part of the content appearing on the Website or on the Dedicated Websites or the Services; 

(xi) transfer any information that has been generated by the Website, without receiving the Company’s prior written authorization; 

(xii) transfer or assign the password to the User Account, even temporarily, to any third party;

(xiii) use the Website or the Website Content or user content or service for any illegal, immoral or unauthorized purpose; 

(xiv) make commercial use of the Website content without the prior, express and written authorization of the Company; and/or 

(xv) infringe any of these Conditions.


7. Intellectual property rights

The Website, the Website Content, the Platform, the content available by means of using the Platform, the Services, and any of the intellectual property rights that are incidental or related thereto (other than the User Content, as that term is defined below) including patents and patent applications, trademarks and trade mark applications, trade names, reputation, copyright, trade secrets whether or not registered or registrable (hereinafter collectively called: “the Intellectual Property”), are in the ownership of the Company or have been licensed to the Company and are protected by Intellectual Property rights according to the laws of the Malaysia and other laws. You may not, unless expressly permitted by these Conditions, copy, distribute, present, publicize, make publicly available, dismantle, separate, adapt, sub-license, make any commercial use of, sell, hire out, lend, process, connect, effect “reverse engineering” of, integrate with other content, translate, modify or create derivative creations of the Intellectual Property, personally or by any person on your behalf, in any manner whatsoever.
 You are prohibited from removing, separating, deleting or sever from the Website content and from other content that you will receive from XTOPIA IO, notices regarding copyright, restrictions of their various kinds or markings indicating the existence of any proprietary rights of the Company or of the Company’s licensors, including the following marks that may appear on any printout or on the Website content and other content that you will receive from XTOPIA IO. You undertake to abide by the laws applicable in such context.

If you supply to the Company any feedback, remark or proposal regarding the Website or the Services (“Feedback”), the Company will be entitled to receive an exclusive, perpetual, worldwide and irrevocable license without royalties to integrate the Feedback into all of the present or future products and services of the Company, and the Company may use, without receiving your approval, the Feedback for any purpose whatsoever, without granting you any consideration whatsoever. You confirm that such Feedback will not be deemed to be confidential. You additionally declare that the Feedback is not subject to license terms of any kind whatsoever that may obligate the Company to meet additional duties in connection with its products or services that include or integrate the Feedback.


8. Ownership of Dedicated Websites

The Dedicated Website that will be set up by the User will be in the ownership of the User, subject to the conditions and the restrictions prescribed in the Terms of Use and the privacy Policy of XTOPIA IO. Notwithstanding this, the Company has no ability to decide or determine the question of the ownership of websites that have been set up or the content that will appear thereon. The Account holder through whom the Dedicated Website has been set up or through which the content of the users has been uploaded will be deemed to be the owner of the Dedicated Website and/or the content that will appear thereon (unless otherwise stated in these Conditions). By accessing, registering and opening an Account or using the Website or the Services, you represent and warrant that all information that you have supplied to the Company is complete, true and accurate, including in connection with the ownership of the Account and/or the Dedicated Websites that have been set up in the framework of the Account. Any dispute arising in relation to the question of the ownership of any Account or Dedicated Websites will be subject to these Conditions. It is stated that the Company will not provide any information in connection with a Dedicated Website or User Content to any other party other than the owners of the Dedicated Website or the owners of the User Content, as defined above.
 The User may grant end-users of a Dedicated Website that has been set up by him, the right to use a Dedicated Website that has been set up by him pursuant to the conditions and restrictions that will be fixed by him in the framework of the documentation of the Dedicated Website (such as the Terms of Use and Privacy Policy). It is clarified that the Company will bear no responsibility of any kind whatsoever in connection with the activity of the Dedicated Website and any claim or demand in connection with the Dedicated Website will be referred directly to the User who established it.


9. Storage services of the Dedicated Websites

You hereby agree and confirm that you neither have nor will have any proprietary right or proprietary interest in the servers (and in any hardware) through which the storage services of Dedicated Website have been granted to you. Similarly, we receive no right of ownership in the information that will be retained on the servers in the framework of providing these Services. You agree and confirm that we use the hardware and software of third parties in providing the storage services and, therefore, you undertake to comply with the conditions of third party licenses relating to your use of such hardware and software.


10. Trade marks and trade names

“XTOPIA IO”, the trade symbols and remaining proprietary identifiers used by the Company in connection with the Website and/or the Services (“the Company’s Trade Marks”), are in their entirety trademarks or trade names of the Company, whether or not registered. All remaining trademarks, trade names, other identifying marks and other trade symbols (including various types of logo) that may appear on the Website or in the Services belong to the owners thereof (“Third Party Trade Marks”). All Third Party Trade Marks appear on the Website or in the Services for purposes of presentation, description and identification only and belong to the owners thereof. No right, license or property in the Company’s Trade Marks or the Third Party Trade Marks is hereby granted and, therefore, you must not make any use of these Marks unless such use has been expressly authorized by the Conditions.


11. Links to third party websites

We encourage links to any page on the Website. you may create a link to the Website (such as a hypertext link), provided that the link will neither mention nor imply any connection, endorsement or approval of your own website, products or services on the part of the Company; and that such action does not present the Company in any untrue, offensive or inaccurate manner. You may not create any link to any internet website or service that is not in your ownership or which you are not entitled to use. By creating a link to the Website, you warrant and represent that your website or service does not contain any illegal, offensive, content or content that infringes the rights of third parties. The following actions – framing, delinking and inline linking are absolutely prohibited. The Website may contain links to websites, sources or services of third parties (including Facebook, Twitter, LinkedIn and others).

These links are offered for your convenience only. You acknowledge the fact that the Company has no control thereover, and you acknowledge the fact that the Company is not and shall not be responsible for their availability and the Company does not provide any endorsement nor will it be responsible for the content, services, products or advertising that is offered on them or which are available through them, and for any link contained therein. In addition, the Company is not responsible for the privacy policy of the Websites, sources or services of these third parties and/or for any other practices that are in use by these third parties. Your accessing, use of and reliance on these and your interaction with these third parties is at your responsibility and you solely bear the expenses that are related thereto. The Company reserves the right to delete any link at any time.

You agree and acknowledge that the Company will not be responsible for any damage that has been caused or allegedly caused in connection with or as a result of the use of the content, services, products or advertisements that are available on the websites, sources or services of third parties. Most of the websites, sources or services of third parties contain legal documents, including terms of use and information-gathering policy and the privacy thereof and we recommend that you carefully read such documents before using them, inter alia, to know what sort of information is being gathered about you.

The Company respects your privacy and is committed to protect the personal information that you are sharing with the Company. We believe that our users have the full right to be acquainted with our policy and procedures in relation to the gathering and use of information that is received by us when our users use the Website or the Services. The Company’s Privacy Policy, practices and types of information that are gathered by the Company are described in the Website Privacy Policy that appears in the following link: . You agree and acknowledge that the Company will make use of personal information that you have transmitted and/or accessed to the Company according to the Privacy Policy. If it is your intention to access or connect to or use the Website or the Services, you must first read and agree to the Privacy Policy.

The Platform enables users to upload, advertise and share creations that may be protected by copyright such as Templates (including any part thereof) that have been created and designed by the users by using the Platform and Images that have been created and designed by the users, designs, animations, literary creations, texts, illustrations, pictures, brand names, video clips, presentations and any other proprietary information (“User Content”). Please verify that your use of the Website, the Services and the Platform respects the proprietary rights (including intellectual property rights and the right to privacy) of the owners of the User Content. The Company will bear no responsibility for any damage, loss, cost or expense that could be incurred by you as a result of uploading User Content or in connection with such uploading, or the use of the User Content that has been uploaded by others or in connection with their uploading thereof. In addition, you undertake not to effect any act which could be an infringement of the copyright or other intellectual property rights of our content or of the content of the users of others.

You agree and acknowledge that you bear exclusive responsibility for the User Content that you are uploading by means of the use of the Platform and the ramifications of using that content by the Company and by other users and/or third parties.

When you upload User Content by means of using the Platform, you must ensure that this User Content will be legal. Among other things, and by way of illustration only, none of the following User Content shall be uploaded or presented by using the Platform and/or the Dedicated Websites:
• any content that harms or infringes proprietary rights of others – including copyright and trademarks;

• any content that creates a risk to safety, security or the health of any person;

• any content which personally identifies other persons without their having given their consent to the publication of their identity or any content pertaining to and identifying minors, their personal details or address and methods of contacting them (provided that such information is delivered or has been published after approval by the competent party by law for uploading such content);

• any illegal content, including content which is libelous or harms the privacy or reputation of any person;

• any content that presents minors in a sexual manner;

• any content having the nature of or which amounts to harassment, is hostile, threatening, or indecent;

• any content that encourages racism or wrongful discrimination on the basis of race, origin, skin color, ethnicity, nationality, religion, sex, occupation, sexual orientation, sickness, physical or mental disability, political viewpoint or socio-economic status;

• any content that encourages the commission of any criminal offence or could constitute a basis for an action or civil liability;

• any content that promotes commercial notices or advertisements that are prohibited by law or any other thing that is prohibited by law or according to these Terms of Use;

• any content that falsely expresses or implies that such content is endorsed or promoted by the Company, or which is malicious or fraudulent in any other term.

In addition to the foregoing, and for the avoidance of any doubt, the “prohibited uses” that are set out above in paragraph 6 will, mutatis mutandis, similarly apply to the User Content of others, To the extent the same has been uploaded or presented to you in the framework of the Services.

Although the Company is under no duty to review, modify or monitor User Content, the Company is entitled (but is under no duty) to refuse to display by means of the Website or the Website establishment service or modify or immediately delete at any time any User Content that has been uploaded by you if you are in breach of the conditions or have committed any act or omission that is or could harm the Services, the Website users and the Services, the Company or any person on its behalf, or for any other reason, at the Company’s full discretion. In such event, the Company may also prevent you from uploading and displaying by means of the Website, or Website establishment service, additional content. The terms of this section are in addition to the Company’s legal rights and do not oblige it to monitor the User Content (see also “Notice and Removal Procedure” hereof).

The Company may impose restrictions for using the Website or the Services including restrictions regarding the size and storage volume that are available for user content.

You are exclusively responsible for backing up, at your own expense, the User Content that you upload to the Platform. The Company will bear no responsibility for damages that may be incurred to you as a result of the loss of the User Content.

You agree that you are exclusively responsible for the User Content that you upload to the Platform and/or your Dedicated Website and the ramifications of uploading the same. The Company will bear no responsibility for the use by third parties (including users) of the User Content that you have uploaded, including if a third party violates your intellectual property rights in the User Content that will be displayed on a Dedicated Website.

It is the User’s responsibility to obtain all the consents that are required by applicable law with respect to personal information of third parties that is included in the User Content that the user intends to upload in the framework of the Services, and comply with all the legal requirements that apply in connection with such content. The Company is not responsible for any such use nor will it bear any responsibility whatsoever in this context.

The Company will bear no responsibility for any damage or expense that will be incurred by users as a result of uploading the User Content to the Platform and/or to any Dedicated Website and/or in connection with the uploading of such content.

To the extent you believe that the User Content is offensive, misleading, inaccurate, illegal or does not comply with the terms of these Conditions, please act pursuant to the terms that appear under the heading “Notice and Removal Procedure” below.
   
Note: use of certain User Content – for example, Templates and Images that will be uploaded by users – will involve payment according to the tariffs and payment conditions set forth on the Website. The Company may vary the tariffs and payment conditions mentioned, at any time.


14. Rights in User Content

When you upload user content by means of using the Platform and/or user content that will be displayed on a Dedicated Website, you declare and warrant that you are the owner of all the intellectual property rights therein or that you have received (and continue to hold) all licenses, rights and consents that are required from the proprietors of the User Content. You further declare that the user content does not infringe any rights of any third party, including, but not merely, intellectual property rights and the right to privacy. You hereby expressly waive any moral right that you may have in the User Content.

As a rule, the User Content which has been uploaded by you in the framework of the use of the Platform and which is used for the purpose of your Dedicated Website only, will not be accessible to others nor will any license of use with respect thereto be granted to others.

The Company does not receive ownership of the intellectual property rights in the User Content, although you may elect whether you wish to grant the Company a license for free or against payment, according to the conditions that will be defined on the Website, for using, copying, distributing, preparing, derivative creations and publicly use the User Content including granting the possibility to include that content in the Platform for use by other users. User Content that has been uploaded by you in the framework of the use of the Platform and for which you have agreed to grant a license of use to other users – whether individually or on a commercial basis – will be accessible to others in accordance with your consent. You agree and acknowledge that the user content for which you have granted a license of use to the Company or to other users will be deemed to be information that is not confidential.


15. Sharing user content by means of third party services

The Company may enable you to share your user content (for example, the Templates) via websites and/or services of third parties. you confirm that sharing user content in the methods mentioned is subject to the Conditions, and may additionally also be subject to the terms of use and privacy policy of third parties to, through whom and/or by whom you are sharing your user content.


16. Disclaimer
 
To the maximum extent possible by law, the Website and the Services (including the Website content, the content that is available by means of using the Platform, the user content and the Dedicated Websites) are available to users “as is” without any undertaking or responsibility of any kind whatsoever, whether express or implied, including inter alia, responsibility for the right of ownership or the non-infringement or implied liability regarding the commercial quality or suitability to a particular purpose. The Company is not responsible nor does it make any representations regarding the ability or inability to use the Website or the Services, or with respect to the result of using the same, nor will it bear any liability with respect to the accuracy, quality, availability, reliability, integrity, compatibility, utility, and efficiency of the content comprised therein. 

The Company makes no commitment: (a) that the Website and the Services will be safe to use, accurate, full, free of malfunction or disruptions, or free of any viruses, defects, worms, other harmful components or other software restrictions; and (b) to rectify any malfunction or defect on the Website.

The Company does not expressly or implicitly recommend, support or bear any responsibility whatsoever for any damage and expense that result from using the Website or the Services (including the Website content, the content that is available by means of using the Platform, the User Content and the Dedicated Websites. The Company will not bear any responsibility for any damage, including indirect, special, incidental or temporary damage whether caused as a result of or in connection with the use of the Website or these Services, and regardless of whether the Company has given notice to the User of the possibility of such damage.

The Company makes no warranty that the use of the Website or the Services will be secure, accurate, complete, free of disturbances, free of malfunctions or free of viruses or harmful components or other restrictions in function.

The Company bears no responsibility for any service that has been provided by any person or entity other than the Company (including, as stated, the storage services that are provided by third parties as noted above).

The Company will not be responsible for any result deriving from technical malfunctions (including but not merely in connection with the connectivity of the Internet, overloading on the line or servers and delays and associated disruptions) and which result from Internet suppliers and telecommunications.
Note: you are aware and agree that you are exclusively responsible for all decisions or actions that have been taken by you as a result of or in connection with the use of the Website or the Services. The use of the Website, services or the Website content, of content that is available by means of using the Platform or the content of the Users, is at your exclusive responsibility.

The Company is not responsible for the quality or standard of the User Content that is offered on the Website and that it is accurate and free of error.

The Company does not expressly or implicitly recommend, support or bear any responsibility whatsoever for the use of the User Content that is available by means of using the Website or for any damage and expense deriving from the use of the Website, or of the Services and/or the User Content. The Company will bear no responsibility for any damage whatsoever, including indirect, special, incidental or temporary damage whether caused as a result of or in connection with the use of the Website or of the Services or of the User Content, regardless of whether the Company has given notice to the user of the possibility of such damage.

You are exclusively responsible for charging, at your own expense for the User Content that you upload to the Website. The Company will bear no responsibility for any damages that may be incurred by you as a result of the loss of the user content.


17. Restriction on liability

To the maximum extent possible by law, the Company (including its shareholders, directors, employees, advisors and agents) will not be responsible for any damage of any kind whatsoever, including, indirect, special, incidental or consequential damages either in the framework of any action in contract, tort or any other action in respect of any tortious act that will derive from your use of the Website or the Services, the content appearing thereon, including the User Content or in connection with any decision that has been, or has not been taken or for any action that has been taken or not taken in reliance on the Website, and/or the Services or of any other information that results from the use thereof, or any other damage resulting from the use thereof, from the lack of the possibility of using the same, the inability thereof to operate as demonstrated to you, reputational damage or profits, inability of the Company to act pursuant to these Conditions, any act or other omission of the Company that is based on a breach of the Company’s representations or undertakings under any contract, negligence, strict liability or any other tort whether the Company has given notice to you of the possibility that such damage may be incurred, or not.

Without derogating from the generality of the foregoing, and to the maximum extent possible by law, the Company’s cumulative liability for all and any damages and losses resulting from the Conditions or related to your use (or non-use) of the Website or the Services will not exceed the higher of – the amount that has actually been paid by you to the Company for using the Services (to the extent relevant) or US$1.00.
 

18. Indemnity

You agree to protect and indemnify the Company against any actions, losses, costs, damages, liabilities and expenses (including, inter alia, legal fees) that result from: (a) your use of the Website or the Services otherwise than pursuant to these Conditions; (b) any breach on your part of such Conditions; (c) damage of any kind whatsoever, whether direct, indirect, special or consequential, that you have caused to any third party who is related to your use of the Website or the Services (including a breach on your part of third party rights including intellectual property rights and the right to privacy); (d) any claim for financial or other compensation resulting from any damage that has been caused to any other user in consequence of your use of the Website or of the Services; and (e) the User Content that has been uploaded by you in the framework of the Services. It is hereby stated that such duty of indemnity will continue to apply following the termination of your engagement with the Company.
 Without derogating from the generality of the foregoing, we reserve the exclusive right to conduct any matter relating to the indemnity on your behalf, in a manner that does not derogate from your obligation and compel you to fully co-operate with us in the conduct of any defense proceeding. You agree not to agree to any compromise in any matter that is subject to the indemnity by you without first receiving our written consent.


19. Modifications to the Website or to the Services

The Company reserves the right to make corrections, expansions, enhancements, adjustments and any other change without prior notice and at any time as it deems fit, at its sole determination. The Company further reserves the right to terminate, temporarily or permanently, the activity of the Website or of the Services, subject to giving 30 (thirty) days’ prior notice before terminating the activity, save where the taking of such action is required by law. You agree that the Company is not responsible towards you or towards any third party by reason of any change, suspension or termination of the activity of the Website and/or the Services.


20. Notice and removal procedure

The Company is entitled, but is not obliged, to check the User Content before and after the same has been uploaded, advertised or presented in the framework of the Services, prevent the uploading of unsuitable, or inappropriate or incorrect user content, or remove the same after it has been uploaded, publicized or displayed. The Company does not generally exercise the right to monitor User Content in advance, and does so in exceptional cases only.

The User Content that is provided for publication by the users does not express the Company’s opinion or position, nor does the publication thereof provide any guarantee of the validity, reliability, accuracy or legality thereof.

Insofar as content presented or creations owned by you as presented on the Website in your opinion, infringes your intellectual property rights, including your copyright, and/or harm your privacy and/or are offensive or unsuitable and/or are libelous or contain pornography, you are invited to contact the Company to request the removal thereof (at the following e-mail address:updates@ximnet.com.my, providing precise details of the infringing content, a statement of your claims and evidence to be attached supporting that it is such, and contact details, including e-mail address, name and identifying particulars. If the content is found to be infringing, it will be removed as speedily as possible and an e-mail sent to your e-mail address on the subject. As noted above, as the Company does not monitor the content that is uploaded onto the Website by Users, the Company will not be able to know that infringing content has been published thereon, without your making contact with us. The Company will not be responsible for any infringing content as stated in this section.

It is hereby clarified that the Company similarly does not monitor the User Content appearing on the Dedicated Websites, nor will it be subject to any liability in this context. Without derogating from the foregoing, the Company has the right to demand from the owners of Dedicated Websites to remove any infringing content that has been uploaded onto the Dedicated Websites by means of the Services or the Platform of XTOPIA IO, and in the absence of co-operation, remove such content independently, at its discretion.
 

21. Availability of the Website and the Services

The availability and functionality of the Website and/or the Services depends on multiple factors, including software, hardware, communication networks, service-suppliers or contractors of the Company or other third parties (including those who supply cloud storage services). We will make reasonable efforts in order to ensure that the Website and these Services will be available on a continuous basis, although the Company will not be responsible and does not guarantee or undertake that the Website and the Services will operate or will be available at all times, without disturbance or malfunction, and that it will be free of any defect. you hereby agree that the Company will not be responsible for the inability of the Website to operate or be accessible for any reason whatsoever; including suspension of the Internet or network activity, stoppages in hardware or software operation in the course thereof, by reason of technical or other problems that are beyond our control (for example – frustration, force majeure, negligence of third parties) and more. Should maintenance be required of the Website and the Services resulting in their unavailability for any particular period, we will endeavor to advise the Users thereof in good time, and to the extent possible.


22. Modifications in the Terms of Use

The Company reserves the right to modify the Terms of Use at any time, at the Company’s sole determination, and requests all users to return and visit this page on a regular basis, to the extent possible. We will advise you of any material modification in the Terms of Use, by replacing the link to the “Terms of Use” on the Website homepage in the link called “Current Terms of Use as of _________________” and/or by sending an e-mail to the address that you may have sent the Company in the framework of using the Website. These material changes will enter into effect within 7 (seven) days of the date of such notice. All remaining modifications to the Terms of Use will enter into effect on the date specified in the link “Last Updated”, and the continuation of your use of the Website after the last update date specified will constitute your consent to the fact that the modifications will be binding upon you. Insofar as we will be required to modify the Conditions in order to meet legal requirements, such modifications will enter into effect immediately or as required by law, without any prior notice being given.
 

23. Termination of the Website activity and/or of the Services and termination of the Conditions

The Conditions will remain in effect until the cancellation thereof as set forth in this document.  The Company may, at any time, block your access to the Website or to the Services temporarily or permanently, suspend or remove your user account at the Company’s sole determination, for any reason whatsoever, including if the Company believes that one or more of the following events have occurred: (a) no payment has been made for the Services that involve payment; (b) there is a security risk or risk of reliability of the network or the servers of the Company and/or servers of third parties; (c) suspension or cancellation required in order to protect rights, property or the security of the Company, its users or the public; (d) there is a basis for cancelling your account; (e) breach of the Conditions; and/or (f) we are required to do so by law. During the suspension, you will have no possibility of accessing or using your account. Should it be held in the framework of our exclusive discretion, that the reason for the suspension has been rectified, we will return to you the access to your account. 
 The Company will also have any other relief by law, to the extent the Company has identified your activity or use of the Website and/or of the Services to be an infringement of the Conditions in any way.

If you do not agree to the Conditions (as they are updated from time to time), or are dissatisfied with any of the Services, you may terminate the Conditions at any time by ceasing to use the Website and the Services. Cancellation of the Conditions will be the only remedy that you will have in such circumstances.

The Company will additionally be entitled at any time and at its absolute discretion, to terminate activity of the Website or the Services, temporarily or permanently, subject to giving 30 (thirty) days’ prior notice before suspending the activity, unless the taking of such action is required by law. You confirm and agree that the Company will not be responsible for the loss of any information or damages resulting from or related to its decision to terminate or suspend the activity of the Website or the Services.

In the event of a termination of the Conditions by you or by the Company: (a) you must immediately terminate using the Website and all the remaining Services; and (b) the sections which by their nature and substance survive the termination of the Conditions in order to achieve the objectives of the Conditions, will remain in force. Without derogating from the generality of the foregoing, the Terms of Use relating to the following sections: intellectual property rights, disclaimer, restriction on liability, indemnity and provisions appearing in the “General” section, will remain in effect also after the termination of the Conditions.


24. General

These Conditions encompass all of the terms and provisions that have been agreed upon between you and the Company in connection with the subject matter appearing in these Conditions and supersede all and any other consents or understandings, whether made previously or contemporaneously, in writing or verbally, between you and the Company. These Conditions do not create nor will they be construed as creating any partnership, joint venture, employer-employee relationship, agency relationship or relationship between the grantor and recipient of any franchise between the parties to these Conditions. Any action relating to the Website and/or the Services or the use thereof shall be subject to and be construed in accordance with, the laws of Malaysia (without validating the international choice-of-law rules prescribed therein). Any dispute arising or related to your use of the Website or the remaining Services will be disposed of in the competent courts of Malaysia and you hereby agree to the exclusive and territorial jurisdiction of such Courts. Should it be held that any provision contained in these Conditions is illegal, null or is unenforceable for any reason, then such provision will be regarded as being capable of severance from these Conditions, and such provision will not affect the validity and the enforceability of any of the remaining provisions of these Conditions. you may not assign, grant any sub-license or otherwise transfer all or any of your rights or undertakings according to these Conditions, without the Company’s express, prior and written consent; the Company may do such acts without any restriction or duty to advise. No waiver of any of the parties of any breach or omission according to these Conditions will be deemed to be any waiver of any prior or subsequent breach or omission. The heading of any section or other heading that is included in these Conditions has been integrated for ease of reference only, and such heading does not define or explain in any way any section or provision that is included in these Conditions. You may be given notice by e-mail or regular mail. The Company may also furnish notices of any change in these Conditions or in other matters by displaying such notices by giving a link to those notices. You agree, without any limitation, that a printed version of these Conditions and of any notice that has been given electronically will be admissible as evidence in any judicial or administrative proceedings that will rely on these Conditions or in connection therewith, to the same extent and subject to the same Conditions as other business documents and records that have been generated at source and retained in a printed version. You agree and confirm that any cause of action that you may have and which results from the Website and the Services and/or is related thereto may be maintained by you for one year from the date of the occurrence of the event. After that period, it is hereby agreed between the parties that such cause of action will be prescribed.


25. Beta Version

Take note that this Website is presently in Beta version and is undergoing Beta checks. You agree that the Services may contain malfunctions and not operate in accordance with their designation or comply with any particular purpose. Your use of this Website at the stage at which it is presently found attests to your consent to participate in the Beta checking processes of the Website.


26. Questions

If you have any additional questions or remarks in relation to the Conditions, you are invited to send us an e-mail at info@ximnet.com.my, and we will use endeavour to revert to you within a reasonable time.


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