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TERMS & CONDITIONS:
By checking this box, you are agreeing to adhere to the Terms & Conditions for PENANG.cc
1. INTRODUCTION.
RoundU Sdn. Bhd. d/b/a PENANG.cc ("PENANG.cc") provides you, and, if applicable, your Affiliates, access to its online advertising marketplace at www.PENANG.cc ("Marketplace"), which allows Advertisers and Bloggers to interact and engage in marketing relationships (the "Service") subject to your acceptance of and compliance with these terms of service (the "Terms of Service" or the "Agreement"). If you do not agree to the Terms of Service, please do not use the Service. Each time you use the Service, the current version of the Terms of Service will apply. Accordingly, when you use the Service, you should check the date of the Terms of Service (which appears at the top of this document) and review any changes since the last version. The Terms of Service will be available at all times at www.PENANG.cc.
In this Terms of Service, (i) "Advertiser" means collectively any person or entity who participates in the Service and deposits money into the Marketplace or otherwise creates Opportunities, and (ii) "Blogger" means collectively any person who participates in the Service and (a) receives compensation for creating content in the Marketplace, or (b) receives compensation for serving Advertising (as defined in Section 3.8(A) on behalf of Advertisers on Blogger's website ("Affiliate Program"), and (iii) "Affiliate" means any entity or person that directly or indirectly controls any Advertiser or Blogger, and the term "control" with regard to this definition means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of an entity, whether through the ownership of voting securities, written voting rights agreement or other influence. (iv) "User" means any person, company, bot or spider accessing the PENANG.cc website. These Terms of Service shall apply to all transactions conducted through the Service. The term of the Agreement will commence on the date you visit the site and will end when terminated by either party in accordance with the terms of the Agreement (the "Term").
1.1. OPPORTUNITIES.
Participating Advertisers create and list opportunities ("Opportunities") in the Marketplace located on the PENANG.cc site, which offer Bloggers the chance to receive compensation from the Advertiser in exchange for creating posts on their blogs, other sponsorships as may be offered by the Advertiser, or for serving Advertising on Blogger's online properties. All Posts, Sponsorships, and/or Advertising must comply with the requirements set forth by the Advertiser (herein referred to as the "Requirements") in the Opportunity. Each Opportunity listing contains a description of the Requirements and the compensation to be paid by the Advertiser. The Advertisers are solely responsible for the content of their Opportunities listings and for the payment of any identified compensation to the Bloggers.
1.2. REVIEWS & APPROVALS.
While PENANG.cc may assist in reviewing and identifying Blogger's posts that violate an Opportunity's Requirements and attempt to resolve disputes, Advertisers in their sole discretion shall determine whether a particular blog is entitled to the set compensation so long as the Advertiser observes the requirements of Sections 2.4 and 2.5 of this Agreement. Posts, Sponsorships which do not comply with the Requirements of the Opportunity will not be entitled to the compensation associated with such Opportunity.
2. CHOICE OF LAW.
Any dispute referring or relating to the Agreement or between the parties shall be governed by the laws of the Malaysia. Any claim against PENANG.cc arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.
3. ELECTRONIC SIGNATURES EFFECTIVE.
(i) The Agreement is an electronic contract that sets out the legally binding terms of your use of the PENANG.cc Service. You indicate your acceptance of the Agreement and all of the terms and conditions contained or referenced in this Agreement by clicking on the "I Accept" button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the "I Accept" button, you accept the Agreement and agree to the terms, conditions and notices contained or referenced herein. When you click on the "I Accept" button during enrollment, you also consent to have the Agreement provided to you in electronic form.(ii) Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program.
4. MISCELLANEOUS.
The Agreement constitutes the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications in all forms of media (including all instructions, advertisements, messages and policies), written and oral, between you and PENANG.cc regarding the subject matter contained herein. Only a written instrument executed by the party waiving compliance may waive the terms or covenants of the Agreement. No waiver by either party of a breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision of the Agreement is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of the Agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties to the Agreement and has like economic effect. PENANG.cc shall have no liability under the Agreement by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, computer virus, Acts of God, war, governmental action, or any other cause that is beyond its reasonable control. The parties are independent contractors and nothing in the Agreement shall be construed to create, evidence, or imply any agency, employment, partnership, or joint venture between the parties. Neither Advertisers or Bloggers are employees of PENANG.cc. Neither PENANG.cc, Advertiser or Blogger shall have any right, power, or authority to create any obligation or responsibility on behalf of the other. The Agreement is not intended to benefit, nor shall it be deemed to give rise to any rights in, any third party. You may not assign or transfer the Agreement, or sublicense, assign or delegate any right or duty under the Agreement without PENANG.cc's prior written consent. Any assignment, transfer or attempted assignment or transfer in violation of this Section shall be void and of no force and effect. PENANG.cc and its subsequent assignees may assign the Agreement, in whole or in part, or any of its rights or delegate any of its duties, under the Agreement to any party. Any rights not expressly granted in the Agreement are reserved by PENANG.cc, and all implied licenses are disclaimed. Headings used in the Agreement are for reference purposes only and in no way affect the Agreement. The term "including" is a term of enlargement meaning "including without limitation," and does not denote exclusivity. PENANG.cc may change the Agreement and/or the Privacy Policy at any time upon notice published on its Website. Any use by you, your Affiliates, agents, representatives, employees, or any person or entity acting on your behalf, of the Service after such notice shall be deemed to be continued acceptance by you of the Agreement and Privacy Policy, including any amendments and modifications thereto. All information or material in connection with a Service must be submitted in the form requested by PENANG.cc. PENANG.cc reserves the right to discontinue offering, and/or modify the Services at any time. Except as otherwise specified by PENANG.cc, you agree that you will direct all communications relating to the Service or your participation therein directly to PENANG.cc and not to any other entity. The organization, specifications, structure or appearance of any PENANG.cc property or any page where your information (including listings) may be displayed may be redesigned or modified at any time.
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