GENERAL TERMS OF USE
These Terms of Service ("General Terms") apply to the “Emerce Ads” website which is powered by Emerce Sdn Bhd (“Emerce”) and govern the rights and obligations regarding the User’s access to and use of the services provided by Emerce available via the Emerce website or any other service or platform provided by Emerce (“Services”)
These General Terms constitute a fully binding agreement between the user of the Services (“User”) and Emerce, as the provider the Services. The User’s access to and use of the Services requires the User’s compliance with these General Terms and it is recommended that the User read the same.
By using the Services in any manner, the User agree to be bound by these General Terms and any and all other rules, policies and procedures that Emerce may publish from time to time in relation to the Services.
If the User does not agree to these General Terms or any of its parts, then the User is prohibited and must refrain from using the Services.
Subject to the User’s compliance with the General Terms, Emerce grants the User a non-exclusive, non-transferable, non-sub-licensable, revocable license to use the Services for non-commercial purposes.
RESTRICTIONS
The User may not, without Emerce’s prior written consent (i) offer to rent or lease of resell the Services; or (ii) offer the Services to third parties as a part of a service the User owns; (iii) use the Services in any unlawful manner, (iv) use the Services in any manner inconsistent with these General Terms; (v) violate any third party or other user's right to privacy or other rights; or (vi) to gather or collect personal information through any means. The examples set out in (i) through (vi), above are listed purely for illustrative purposes and do not constituted an exhaustive list of restricted activities involving the Services.
SIGNING UP FOR THE SERVICES
By signing up to use the Services the User represent and warrant that the User will provide Emerce with accurate and complete sign up information and further warrant to keep such information up to date and accurate. Any failure to do so on the User’s part shall constitute a breach of the General Terms which may result in Emerce terminating the User’s access to the Services.
As an individual signing up for the Services, the User represent and warrant that you are of legal age to form a binding contract with Emerce. If the User is under the legal age to use the Services provided, the User may use the Services if enabled by a parent or legal guardian. If the User sign up for the Services for and on behalf of an entity then the User represent and undertake that the User is authorised by that entity to (i) enter into and bind the entity to these General Terms; and (ii) sign up for the Services.
By signing up for the Services, the User shall be solely responsible for ensuring that these General Terms are in compliance with all laws, rules and regulation applicable to the User in whichever country, region or state the User is located. In the event the Services or these General Terms are prohibited where the User is located, then the User agree not to use the Services in any manner whatsoever.
If the User is using the “Emerce Ads” website, the User must use an authentic user advertiser account to set up an advertiser account and run advertisements on the said platforms. If Emerce find that an inauthentic user advertiser account has been set up to run advertisements, Emerce may restrict or remove such accounts.
The User must not manage a user advertiser account that is connected to any abusive advertisement account(s) or display behaviour similar to such advertisement account(s) that Emerce has already removed from the platform. If the User does manage such accounts or continue to manage such account after Emerce has removed the same from the platform, the User may face advertising restrictions on their associated advertisement account.
We reserve the right to update, amend or modify, in any manner, any of these General Terms from time to time, without notice to you in accordance with the terms set herein.
USER CONTENT
Parties who use the Services may be permitted to upload or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from the User’s personal music library (“User Content”).
By uploading such User Content on the website via use of the Services, the User confirms and warrants that they are the owner of the User Content or has the licence to use the User Content for the purposes of the User’s use of the Services. The User grants Emerce a worldwide, royalty-free and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Services including but not limited to the promotion of the User Content through any media format.
The User grant Emerce a royalty-free license to use the User’s name, image, and likeness to identify the User as the source of any of the User Content. This means that the User is granting Emerce the right to use Your Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), any unions or associations, and engineers, producers or other royalty participants involved in the creation of The User Content.
The User undertake not to upload or submit any content the Services that is:-
- defamatory, libellous, pornographic, harassing, offensive, or encourages conduct that would violate any law, or is otherwise inappropriate;
- infringes any intellectual property right of any person or entity;
- violates the privacy of any person or entity;
- is illegal or unlawful;
- abusive, has an intention to harass, threaten, impersonate or intimidate other users of the Services;
- is inaccurate or false or could be seen as misleading;
- contains software viruses or files designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any part of the software of the Services or any third party; or
- is in breach any of the Emerce privacy policy.
Emerce does not endorse any content the User uploads via the Services including any opinion, recommendation, or advice expressed therein. We are also not responsible nor liable for any opinions, recommendation, accuracy of information or advice set out via the Services. The opinions, recommendations and advice set out therein are not Emerce’s and Emerce expressly disclaims any and all liability in connection with such content including content you may upload through the Services.
Any User Content will be considered non-confidential and non-proprietary. A User must not post any of the User Content on or through the Services or transmit to Emerce any of the User Content that the User considers to be confidential or proprietary. When the User submit the User Content through the Services, the User agrees and represents that the User own that content, or that the User has received all necessary permissions, clearances from, or are authorised by, the owner of such content to use it to the purposes of the User’s use of the Services. Emerce reserves the right to determine whether any content the User upload complies with these General Terms. Emerce may remove such content or take any other appropriate measure (including terminating the User’s account or access to Emerce Ads) if we discover that the User has breached any of these General Terms regarding content that may be uploaded or submitted through Emerce Ads.
If requested or if Emerce is of the view that it is necessary, Emerce will, at any time, cooperate fully with any regulatory authorities or court order requesting or directing Emerce to disclose the identity of anyone posting publishing or otherwise making available any content that violates these General Terms.
We reserve the right to terminate your access to Emerce Ads if we discover that you have infringed the copyright or intellectual property rights of another person or entity. If you believe that your work has been copied and submitted or uploaded through Emerce Ads in a manner which would infringe your copyright in such work please inform us via enquiry@emerce.tv. Emerce will request details of such infringement from the User including but not limited to the description of the copyrighted work that the User claim has been infringed and where within Emerce such material is located.
ENFORCEMENT OF THESE TERMS
Emerce uses automated and, in some instances, manual review to enforce our policies. Beyond reviewing individual advertisements, Emerce also monitor and investigate advertiser behaviour, and may restrict advertiser accounts that do not follow these General Terms. Emerce review process may not detect all policy violations, and advertisements may remain subject to review and may be rejected for violating Emerce policies at any time. It is an advertiser's responsibility to understand and comply with Emerce policies and any other applicable terms and guidelines, and all local laws and regulations. Advertisers whose advertisements are rejected will typically be provided with an opportunity to edit their advertisements in order to bring them into compliance and can request another review if they believe their advertisement(s) was incorrectly rejected.
ORDERS FOR EMERCE ADS PLATFORM
If you are using Emerce Ads platform, an order constitutes of an advertisement created through the Emerce Ads platform that will be displayed on Emerce TV service and/or affiliated partners and/or clients of Emerce TV subject to the approval of the content as stated in the General Terms. When the User place an order, the User will specify the target audience, the duration and the amount the User want to spend for placing an advertisement(s). Upon approval, Emerce will perform its best effort to deliver the advertisement(s) to the audience that the User specify or to achieve the outcome the User selected, though Emerce cannot guarantee in every instance that the User’s advertisement(s) will reach its intended target or achieve the outcome the User selected.
The User will pay all amounts specified in each order placed, along with any applicable taxes. The amount the User owe for each order will be calculated based on Emerce’s tracking mechanisms. By placing an order, the User authorize Emerce to obtain the User’s personal and/or business credit report from a credit bureau, either when the User place an order or at any time thereafter.
The User is responsible for maintaining the security of its advertising account, and understand that the User will be charged for any orders placed on or through its advertising account.
WARRANTY
The use of the Services is at the User’s sole discretion and risk. The User shall be solely liable for any content posted or submitted through Emerce. All content accessed by the User through Emerce is done at the User’s own risk and the User will be solely responsible and liable for any damage or loss to the User or any other party resulting therefrom.
Emerce does not have any fiduciary duty or special relationship with the User. Emerce makes no representations concerning any content contained in or accessed by the User through the Services and will not be responsible or liable for the accuracy of material contained in or accessed through the Services.
Emerce will not be responsible for any harm to the device the User use to access the Services including but not limited to their mobile device or computer, personal injury, death, loss of data, property damage, or other harm that results from the User’s use of the Services.
THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
LIMITATION OF LIABILITY
Emerce, our directors, employees, agents, representatives, partners, suppliers or content providers howsoever expressly exclude to the fullest extent permitted by law, all liability arising for any loss suffered as a result of the User’s use of the Services or any related content. Emerce’s total liability, if a court of competent jurisdiction determines that our liability (or that of our directors, employees, agents, representatives, partners, suppliers or content providers (as applicable) has arisen, the total of such liability shall be limited in aggregate to RM100.
INDEMNIFICATION
The User agree to defend, indemnify, and hold us, our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) the User’s access to or use of the Services; (ii) breach of these General Terms; (iii) any representations made by the User during the use of the Services; or (iv) the User’s violation of the rights of any party including but not limited to any intellectual property right, or publicity, confidentiality, property or privacy right.
GOVERNING LAW
These General Terms shall be governed by the laws of Malaysia, without respect to its conflict of laws principles.
CONTACT
The User may contact Emerce via email at enquiry@emerce.tv on any membership or website related issues.