ASTRO READ TERMS OF USE

As of June 12, 2014

1) Acceptance of the Terms of Use

a. The Astro Read news aggregating service is a service that is provided to You, by MEASAT Broacast Network Systems Sdn Bhd (“Astro”), whereby Astro is offering You a selection of Content for viewing with our software applications for the Devices (“Apps”) and at the website https://astrogoread.astro.com.my including any successor website (“Site”) (the “Services”) and is subject to this Terms of Use. The Services shall not include any third-party service You interact with via the Services.

b. This Terms of Use constitutes a legal agreement between Yourself and Astro governing your registration as a User and your access to and use of the App, the Site, the Content and the Services.

c. By accessing and using the Services, You agree to be bound by these Terms of Use and any RSS terms on content providers’ website.

d. Astro reserves the right to, from time to time, amend, add, modify and vary the terms of this Terms of Use, where there are circumstances which in Astro's view requires such amendment, modification or variation. By continuing to use the Service, You agree and accept any amendment, addition, modification and variation made by Astro.

e. “Astro Read Account” shall mean the account that is provided to You upon successful registration to access the Content.

f. “Content” shall mean any audio (including music, voice and sound), video, data, text, animation, graphics, photographs, artwork, and any combination of any of or all of the foregoing provided to You.

g. “Device” shall mean personal computer, electronic tablet, mobile phone or similar device.

h. “Personal Information” or “Personal Data” shall mean personal information collected by Astro from You including all information and details provided by You to Astro.

i. “Intellectual Property Rights” shall mean patents, trademarks, service marks, trade names, registered designs, designs, copyrights and other forms of intellectual or industrial property, know-how, inventions, formulae, confidential or secret processes, trade secrets and confidential information, and any other protected rights and assets, and any licenses and permissions in connection therewith, in each case in any part of the world and whether or not registered or registrable and for the full period thereof and all extensions and renewals thereof, and all applications for registration in connection with the foregoing.

 

2) Access to the Services  and Registration for Astro Read Account

a. You are required to have an Astro Smart Card number or Astro Subscription Account number to register for an Astro Read Account to access the Services. Each Astro Subscription Account is only allowed to have one Astro Read Account, regardless if You have multiple Astro Smart Cards.

b. You are allowed to use Your Astro Read Account on multiple Devices but the Astro Read Account may not be used on multiple Devices simultaneously at any given time.

c. You are responsible for maintaining the confidentiality of Your Astro Read Account credentials and are fully responsible for all activities that occur through the use of Your credentials.

 

d. Astro will not be liable for any loss or damage arising from unauthorized use of Your Astro Go Read Account

 

3) Use of Services

a. The Service, may or may not require a fee to be paid prior to such Content provided to You. If You are required to pay a fee for the Content, the charges and payment clauses in this Terms of Use shall apply to You.

b. The Content is licensed to You on a non-exclusive basis for personal and non-commercial purposes. You shall only use or view the Content on your Device for Your own personal and private use. You are prohibited from displaying the Content in a public place or a commercial establishment such as a pub, bar, restaurant, club or cafe.

c.The access and viewing of the Content is for Malaysia, and reception outside Malaysia may constitute a violation of international copyright and other laws. In certain circumstances, Astro may have cleared certain rights for selected Content for Your access and viewing outside of Malaysia.

d. Theft, fraud, piracy or other unauthorised usage of the Content may subject You to civil and criminal sanctions

e. Astro may from time to time launch new Content which You may want to purchase. You may purchase any new Content or may authorise any other person to do so in the Your household. You acknowledge that any person who has access to Your account may purchase such new Content and You will be responsible to pay for all such charges or fees associated with it.

 

4) Rights Reserved by Astro

a.  Astro shall be entitled at its sole discretion to revise the Content and any fees associated with the Content at any time and will use reasonable endeavours to notify You of such revisions.

b.  Astro reserves the right (but shall have no obligation) at any time to:

             i.       add, delete or make changes to the  Content;

             ii.      add or substitute alternative or new Content;

             iii.      terminate, block or discontinue any of the Content;  

             iv.      alter the number of Content and price of each Content;

             v.      reduce the number of hours of broadcast of any of the Content;

             vi.      upgrade or update any software currently in use for the Service;

             vii.      upload or download any data or information that may be transmitted via the Service.

c. To the maximum extent permitted under applicable law, Astro shall be under no liability to You for any loss, damage, action, claims and liabilities whatsoever, including, without limitation, special, indirect, consequential damages or loss of revenue, howsoever arising in connection with the exercise of the rights reserved in this clause 5 by Astro.

d. If You are not agreeable to this Terms of Use or any amendments thereof, You should discontinue use of the Service.

 

5) You represent, warrant, covenant and undertake with Astro that:

a. You are eighteen (18) years of age or above or if younger than 18, are at least 13 or older and have a parent’s or guardian’s permission to access or use the App, the Site, the Services and the Content.

b. The information provided by You for the Astro Read Account registration is accurate and truthful.

c. The Content will be used solely for private viewing and the Content will not be displayed in a public place, hotel, pub, bar, restaurant, club, cafe or other commercial establishments. You will not resell the Content or impose any charge on others to view the Content, nor will You rebroadcast, reproduce, transmit, compress, modify, perform, display, record, publicly perform, duplicate, distribute, tamper, interfere, impose, remove, alter, add or delete the Content or create derivative works of or otherwise use or exploit any Content in violation of applicable copyright law in any form whatsoever. You will also not tamper, interfere, remove, alter, add or delete any digital rights management mechanism, device or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You will not record, copy or reproduce the Content or any part thereof other than solely for the purpose of domestic and private use and viewing as permitted by the Copyright Act 1987 (as amended or replaced from time to time).

d. You will immediately notify Astro of any change in the information provided during registration and any other information provided or communication made to Astro, including but not limited to information or communication in connection with the charging of Your credit card or debiting of Your bank account or PayPal account, as well as the discovery of any theft, piracy or other unauthorized usage of the Content (including usage of the  Content outside Malaysia where not authorised) or any fraud against Astro. In such cases, You shall report immediately to Astro when You discover any fraud, theft, loss, unauthorized use or any other occurrence of unlawful activities in relation to the Content and lodge a police report if required to do so and provide a copy of such police report to Astro.

e. You consent to the use and processing by Astro of any and all of Your Personal Information for the purposes of (i) providing the Service and the Content; (ii) marketing any products or services of Astro, its affiliates and/or Astro’s business partners, including any promotional campaigns; (iii) complying with any statutory or legal obligations; (iv) credit checking; and (v) any other activities which are ancillary to the Service and Content.

f. You also consent to the disclosure by Astro of any and all of Your Personal Information to (i) Astro’s affiliates; (ii) any telecommunications provider, technology provider which Astro has an arrangement with in connection with the provision of the Service,  and Content; (iii) Astro’s agents, auditors and advisers and those of Astro’s affiliates; (iv) any other parties which provides retail products and services (for the purposes of marketing activities); (v) any organisation which provides credit checking services; and (vi) any entity or person, the disclosure to which is reasonably necessary or desirable for the provision of the Service and Content. You also consent to the transfer by Astro of the Personal Information to locations outside Malaysia for any of the purposes set out above.

g. Astro may also disclose Your Personal Information when it is required or requested to do so by law, a court order or an order from any government or law enforcement authority or regulatory agency (including, without limitation, the police and the Malaysian Communications and Multimedia Commission); if Astro reasonably believes that it had a lawful right to disclose Your Personal Information to any third party or that it would have had the Your consent for such disclosure if You had known of the same; and/or if Astro’s disclosure to any third party is in the public interest.

h. Your Personal Information will be obtained from You at the time Astro has requested Your Personal Information or from existing Personal Data which had been collected by Astro previously.

i. You may request for access to or correction of Your Personal Information or limit the processing of Your Personal Information at any time hereafter by submitting such request to Astro in writing via registered post to the “Personal Data Protection Officer” at MEASAT Broadcast Network Systems Sdn Bhd, Peti Surat 10148, 50710 Kuala Lumpur or by email to pdpo@astro.com.my. Any inquiries or complaints with respect to Your Personal Information should also be channeled to Astro in this manner. Provision of all of Your Personal Information as may be requested by Astro is required for the processing of Your use of the Content. Failure to provide the same may result in Astro not being able to provide the Content to the Customer.

j. You consent to Astro upgrading and/or updating the software currently used for the Service at anytime at its sole and absolute discretion.

k. You agree to defend, indemnify, and hold Astro, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with Your User Content, Your access to or use of the Site, Services or Content, or Your violation of any of these Terms of Use.

 

6) General Prohibitions - You agree not to do any of the following while using the Site, Services or Content:

a. Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:

              i.  infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

              ii.      violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

              iii.      is fraudulent, false, misleading or deceptive;

              iv.      is defamatory, obscene, vulgar, offensive, shocking or objectionable;

              v.      constitutes child pornography or child erotica;

              vi.      promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, group, class of people or characteristics of any person;

              vii.      is violent or threatening or promotes violence or actions that are threatening to any other person; or

              viii.      promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).

b. Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, Astro’s name, any Astro trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Astro’s express written consent;

c. Access, tamper with or use non-public areas of the Site or Services, Astro’s computer systems or the technical delivery systems of Astro’s providers;

d. Attempt to probe, scan or test the vulnerability of any Astro’s system or network or breach any security or authentication measures;

e. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Astro or any of Astro’s providers or any other third party (including another user) to protect the Site, Services or Content;

f.  Access or search the Services or Content through the use of any engine, software, tool, agent, device or mechanism other than the software provided by Astro or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);

g. Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

h. Use any meta tags or other hidden text or metadata utilizing an Astro trademark, logo URL or product name without Astro’s express written consent;

i.  Use the Site, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;

j.  Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source- identifying information;

k.  Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;

l.  Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;

m. Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

n. Solicit login information or access an account belonging to someone else;

o. Use the Apps to do anything misleading, malicious or discriminatory;

p. Impersonate or misrepresent Your affiliation with any person or entity;

q. Violate any applicable law or regulation; or

r.  Encourage or enable any other individual to do any of the foregoing.

Astro will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights and Site and Services security issues. You acknowledge that Astro has no obligation to monitor Your access to or use of the Site, Services or Content or to review or edit any User Content or Content, but has the right to do so for the purpose of operating the Site and Services, to ensure Your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Astro reserves the right, at any time and without prior notice, to remove or disable access to any Content or User Content, that Astro, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.

 

7) Suspension and Termination.

a. Astro shall have the right, in its sole discretion and without notice, to suspend or terminate Your license to use the App without any liability to You at any time for any reason whatsoever if You breach any of the representations and warranties referred to above or any anywhere in this Terms of Use, where in a circumstance in which Astro has been informed or is aware that that there is an offence and/or infringement committed under provisions of the Copyright Act 1987 (as amended from time to time).

8) Exclusion of Astro’s Liability.

a. Astro will not be liable to You for any refunds of the fees paid, or any other claims or for any costs incurred by You in obtaining substitute services, nor for any loss of profits or business or other direct, special, indirect, incidental or consequential damages.

b. Astro makes no warranties or representations whatsoever with respect to the Content included in the Services, in particular Astro does not guarantee the sequence, accuracy, completeness, timeliness or the security of any data or information contained in the Services and shall not be liable for any claim arising out of any act or omission by a third party  or any act or omission by You, including claims for loss or damage, libel, slander, personal injury, damage to property or any other loss arising howsoever caused.

c. The Service are provided on “as is” and “as available” basis. You acknowledge that Your use of the Service and any information obtained through the Service shall be at Your own risk. Astro does not make any representation and disclaims any warranties of any kind in relation to the Service including but not limited to availability, accessibility, timeliness or security of any content or information transmitted or obtained using the Service or provided to You as part of the Service. Astro also disclaims any and all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement to the fullest extent allowed by law.

d. Astro neither guarantees nor warrants that the Service will be free from any fault, error or interruption nor will Astro be liable for any inability to use or access the Service, or for the interruption, delay or failure of the Service.

e. Astro will not be liable to You or any person claiming through You for any costs, loss or damages (whether direct or indirect, other than losses due to Astro's negligence), or for loss of revenue or profits or for any special or consequential loss, loss of data, loss of business or loss of anticipated savings of any nature whatsoever (even if Astro had been advised of the possibility of such losses) due to any non-performance of Astro’s obligations including but not limited to:-

                     i.  use or inability to use or access the Service for whatever reasons including telecommunication failures, equipment failure or congestion in the Service network, the quality of the Service,  information available or obtained via the Service or arising out of any action taken in response to or as a result of such information available or obtained via the Service;

                     ii.      any upgrading or modification to the Service as deemed necessary by Astro;

                     iii.      any act, omission, error, default by Astro and/or Astro's affiliates, its officers, employees and agents in relation to the Service;

                     iv.      any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material in connection with the Service and any claims arising out of any act, omission, negligence or default by the Customer in relation to any part of the Service;

                     v.      any interruption, suspension, termination, malfunction, unauthorized use, defect or loss of the Service for any reason whatsoever;

                     vi.      any loss, distortion or corruption of data arising out, or from the use, of the Service;

                     vii.      the use of any equipment which does not guarantee reliability and signal strength quality; and any inconvenience caused to the Customer.

g.  We may allow access to or advertise third-party product or service providers ("Merchants") from whom you may purchase certain goods or services. Transactions for these goods and services may or may not be concluded on the App or Site, as applicable. We do not operate or control the products or services offered by these Merchants. We are not a party to the transactions entered into between you and Merchants and will not be held responsible for any rights and obligations between you and the Merchants.

h.    For the avoidance of doubt, the provisions under this clause 8 shall be applicable to the maximum extent permitted under applicable laws.

i.     If You are dissatisfied or have a grievance with any portion of the App, the Content or with any of these terms, Your sole and exclusive remedy is to terminate this Terms of Use and discontinue Your access to or use of the App.

j.   If, notwith standing the provisions of under these Terms of Use, Astro is held to be liable to You for any losses, damages or costs, Astro's aggregate liability to You shall in no event exceed Ringgit Malaysia One Hundred (RM100).

 

9) Licence and Proprietary Rights

a. The Service and the Apps contain Intellectual Property Rights which is the property of Astro and/or has been licenced Astro. Astro and/or its licensors retain exclusive ownership to the Intellectual Property Rights.

b. Subject to Your compliance with these Terms of Use, You are granted a limited, non-exclusive, non-sublicenceable, non-assignable, non-transferable licence, to use the Apps on an Your Device.

c. You shall not:

(i)  copy, modify, disassemble, decompile or reverse engineer the Apps, in whole or in part, including, but not limited to, adding new features or otherwise making adaptations that alter the functioning of the Apps;

(ii) sub-licence, sell, rent, assign, lease, export, import, distribute or transfer or grant to a third party any rights granted to You for such use; or

(iii) make the functionality of the Apps available to multiple users through any means, including but not limited to distribution of the Apps or by uploading the Apps to a network or file-sharing service or through any hosting, application services provider or any other type of service.

 

10) Charges and Payment

a.  You agree that Astro may charge You fees in connection with Your use of the Service and/or access to the Content.

b.  Such fees shall be paid either prior to Your access to the Service or any Content via the payment channels provided to You or charged to Your Astro Subscription Account (if applicable).

c.  Where the PayPal payment channel is made available to You, You must have a PayPal account to use the PayPal payment channel. Due to the nature of the PayPal payment channel, Astro is unable to refund to You fees that are paid.

d. Where such fees are charged to Your Astro Subscription Account, then the payment terms of Your Astro Subscription Account shall be applicable.

 

11) User Content

a. You hereby grant to Astro and its users a worldwide, non-exclusive, transferable, assignable, royalty-free, perpetual and irrevocable license with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public and otherwise use and exploit any text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that You upload, post, compile, provide or otherwise make available through the Site and Services, as applicable, through or by means of the Site and the Services (“User Content”).

b. You acknowledge and agree that You are solely responsible for all User Content and represent and warrant that:

(i) You either are the sole and exclusive owner of all User Content or You have all rights, licenses, consents and releases that are necessary to grant to Astro the rights in such User Content;

(ii) neither the User Content nor Your accessing, posting, submission or transmittal of the User Content or Astro’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation;

(iii) no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any use made of the User Content (or any portion thereof) on, through or by means of the Site and the Services.

c. You may not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.

d. You acknowledge and agree that all feedback, comments and suggestions for improvements to the Site and Services (“Feedback”) will be the sole and exclusive property of Astro and You hereby irrevocably assign to Astro and agree to irrevocably assign to Astro all of Your right, title, and interest in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights and other proprietary or intellectual property rights therein. You will execute documents and take such further acts as Astro may request to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

e. You are solely responsible for Your interactions (including any disputes) with other users. You understand that Astro does not in any way screen the App’s or Site’s users. You are solely responsible for using the Site and Services and disclosing personal information to other Astro users. Your use of the Site, Services, Content, and any other content made available through the Site or Services is at Your sole risk and discretion, and Astro hereby disclaims any and all liability to You or any third party relating thereto. Astro reserves the right to contact users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with Astro to investigate any suspected unlawful, fraudulent or improper activity via the Services.

 

12) General

a. This Terms of Use is governed by and construed in accordance with Malaysian laws and You agree that courts of Malaysia shall have exclusive jurisdiction for any disputes You may have with Astro. Astro shall be at liberty to commence proceedings or enforce any judgment in any court of competent jurisdiction anywhere in the world.

b. You shall not transfer or encumber any or all of Your rights, interests and obligations under these Terms without the prior written consent of Astro. Astro may transfer any or all of its rights, interests and obligations under these Terms to any party without Your prior consent.

c.  No failure to exercise or enforce, and no delay on the part of Astro in exercising or enforcing its rights under this Terms of Use shall operate as a waiver thereof. Any provision of this Terms of Use which is held invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction.

d. THIS CONTRACT IS SUBJECT TO A COOLING OFF PERIOD OF TEN WORKING DAYS commencing on the day after the date of making the contract. You shall have the right to rescind (under the Direct Sales and Anti-Pyramid Scheme Act 1993), this Terms of Use before the expiry of the cooling-off period of ten working days.

 

13) Severance

If any provision or part-provision of this Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Terms of Use.