TERMS OF USE

Updated as at 1 December 2018

Hello there! We’re not sure if you ended up here on purpose or if you just happened to stumble by, but hey, since you’re already here, please stick around because we’ve got some important information which we think you ought to know.

General Info

This Site is provided to you by us at Creators Academy Asia, and to help you have the best experience possible while you are here, we need you to agree to a few ground rules, so things go smoothly, and everyone can have a great time. How, you ask? Well, we don’t have some fancy document for you to sign, but every time you access this website in any way, you signify to us that you want to be here, and that you agree to abide by our terms while you’re here. Just think of it as you paying us a visit at our house.

What are these terms, really?

These terms are the rules and guidelines we lay down which relate to your use of our website; like what we would love for you to do, what we would not be very thrilled about and what happens when things go wrong. For the sake of clarity, we like to have things written down so you would know what you’re signing up for whenever you drop by. Nobody likes the unknown; like what if we suddenly called you one day to tell you that we’re claiming your firstborn child because you unknowingly agreed to that one day when you stumbled by. Yeah, that’s not a very nice thing to do. So, being nice people, we’ve gotten everything listed down so you can read and re-read them as many times as you would like.

Why is all this even important? Well, simply put, these terms are like an actual agreement between you and us, and each time you visit, it’s like you sign your acceptance of these terms, and like any other agreement, it binds you and can even result in huge outcomes (like court proceedings, compensation, etc.)

Changes – So we can grow with you..

We might make changes to these terms from time to time, mostly to cover new areas and keep up with how things are going out there in the world (we like to be up-to-date too, you know?). However, we may not always tell you when new changes are made, so you would need to check back here from time to time to see if anything new pops up which might affect you. All changes you see here mean that they have already been through the drawing board, were raised from baby terms and are now fully-grown, fully-functioning terms which already apply to you; so if you decide to use this website after that point, you agree to them too! It’s as easy as that.

But what if you decide to end this relationship? Please don’t, we’ll miss you..

Well, if you must bid us goodbye, we’ll miss you dropping by to see us. However, please remember that all the previous times you came by means you agreed to abide with our terms and that time, and we do keep your previous records as a memento to remember you by. This means simply, that although you won’t be seeing us anymore, things you agreed to previously, like our Privacy Policy, additional terms, any indemnifications, warranties or limitation of liability still do continue to apply to you – come to think of it, we’re kind of like glitter: one touch and we’re stuck to you. And all we wish for you is to carry on that sparkle!

Because relationships should always be between consenting

individuals…

..you need to be at least fifteen (15) years old to use this website. Those under eighteen (18) years of age will require parental guidance (Hi Mom and Dad!!). We’d like to keep things family-appropriate and maybe even encourage a collective learning experience provided there is consent and/or supervision by parents or guardians. So please help us out and only use this website if you’re over the age of 18 or with your parents’ permission.

Registration

Where we offer registration on the website, if you register as a user, your registration will be governed by our Privacy Policy. Our Privacy Policy basically tells you what kind of information we collect about you and what we do with that information, so you know exactly what you’re signing up for; though we promise we’re not in any way involved in selling your identity to scammers. We sure don’t like surprises when it comes to our personal information, and we suppose you wouldn’t either.

Your username and password are personal to you because they tell us who you are every time you drop by. Please don’t let anyone else to use your username and password as this might cause confusion or, worse still, you might just find yourself in trouble for something you didn’t even do. Because we cannot see or hear you directly, your username and password are one of the most important tools we use to identify you. However, as far as legally possible, we cannot be liable for any problem, harm or hardship caused to you or related to the theft or misappropriation of your username and password, disclosure of your username and password or from you allowing someone else to use your username and password. Therefore, please be responsible in properly safeguarding these two items. You wouldn’t allow someone else to drive around with your driver’s licence, right?

If you do suspect or believe that there might have been any unauthorised usage or activity using your username and/or password, or any other need to deactivate your account for security reasons, please notify us immediately and we’ll try our level best to prevent you from being a victim of identity theft. Nobody likes imposters.

Before you say “I do”..

If everything above looks fine and dandy to you, and you would like to use our website, there are a few things for you to note:

By using our site, whether or not you register an account with us, you guarantee and represent to us:

• that the information you provide to us is true, accurate, current and complete. (We really like you, so please don’t lie to us..) If we decide that any of the information is untrue, inaccurate, not current or not complete, we would be left with no choice but to stop you dropping by;
• that you are at least 18 years old; or if below 18, that you are accessing this Website with parental guidance;
• to use this website only for lawful purposes and according to these terms;
  to notify us immediately if you suspect any unauthorised use or any other breach of security; and
• to use this website only for legal purposes and in accordance to any laws, rules or regulations (including those regarding on-line communication).

The Dealbreakers – Let’s keep this relationship decent, please?

This website is important to us, and so are you. This website is like a cake we baked through a lot of blood, sweat and tears, and you are like the icing on top. So, we really need both components to have a complete product and while we want you to be happy, we need to ensure that everyone else who stops by has an equal share of this wonderful cake. So, to help everyone have an enjoyable experience here, please do not:

1. use this website in any manner which might damage, disable, overburden or impair it or interfere with any other person’s use or enjoyment of this website (this cake is big enough for sharing, right?);
2. attempt to gain unauthorised access to this website, our computer systems or networks connected to this website, through hacking, password mining or any other way (that would positively place you on our naughty list and Santa will NOT be pleased);
3. obtain or attempt to obtain any materials or information which we did not intentionally make available on or through this website, by any method. We know you want to get to know us better, but it would be rude to not just ask us directly;
4. post or transmit through this website, any content which:

1. is defamatory, damaging, disruptive, unlawful, inappropriate, offensive, harmful, obscene, threatening, excessively violent, pornographic or otherwise illegal;
2. may incite, encourage or threaten immediate physical harm against others, including but not limited to, contents which amount to or promote racism, bigotry, sexism or religious intolerance against any individual or group;
3. may violate or infringe in any way upon our rights or the rights of others;
4. contains advertisements or solicits any person to buy or sell products or services; or
5. constitute, contain, install or attempt to install or promote spyware, malware or other computer code.

(We’re nice people, so please play nice.)

1. broadcast, copy, download, frame, reproduce, republish or transmit in any way, any material on this website, except as strictly necessary for your own personal and very non-commercial use; and
2. do anything which affects the operability or security of our website, or which causes unreasonable inconvenience or disruption to us. The more time we spend doing maintenance, the less time we’d have for what’s really important – providing you with the best experience and services possible.

The Cardinal Rule – Love thy neighbour

When interacting with other users on our site, you agree that you are solely responsible for all your interactions, including all postings made by you or under your account or email address. Except where you report fraud or impersonation to us, we would generally assume that someone posting under your name or account would be you. If you wouldn’t say certain things in person, please do not say them while hiding behind your computer screen. That’s just bad manners.
Please note that there may be risks involved in posting or interacting with strangers, such as the risk of physical harm which might arise from dealing with mean strangers and nasty people, including people who may be acting under false pretences. So, please exercise caution, and when in doubt, remember what your mother always told you, and just don’t talk to strangers.
We do not guarantee the truthfulness, accuracy or reliability of any user postings, nor do we endorse or support any of the opinions expressed. Unfortunately, our applications to rent little corners in people’s brains have been repeatedly rejected, so there really is no reasonable way for us to determine their intentions. We will, however, reserve the right to review, monitor, edit and/or screen any and all postings in order to prevent unauthorised content from appearing or being displayed on our site (such are the perks of being the master of the house).
Therefore, you are encouraged and in fact, advised, to select carefully the information which you decide to post on the website and which you give to other users of this website. Information posted by others may sometimes feel offensive, harmful, inaccurate or be otherwise misleading, mislabelled or deceptively labelled, but just by being here, you automatically assume all such risks. If you notice anything of that sort, please let us know and we’ll try our level best to have it removed. Take a page from our book though, sticks and stones may break your bones but words cannot really hurt you. We, however, CAN take them down so they don’t bother other people. But overall, we trust that you will exercise caution and be guided by common sense when using this website.

Till termination do us part..

While we enjoy hosting you here, there may come a time when we would need to shut down this website for any reason, and we reserve the right to do so without prior notice.
On the other hand, we may suspend or terminate, not our website, but your access or use of this website, if, we decide in our opinion, that:
you have violated these terms in any way (including any changes made), or any applicable law or regulation;
any governmental law or regulation should make this entire website or parts of it unlawful or impracticable; or
your use of this website impairs or threatens to impair our integrity or the functionality of our website.
Mama always said “keeping the bad apples out protects the fresh apples from going bad.”
If we have to say goodbye, then, we would want to do so on good terms. So, to arrange a clean break, we cannot be liable to you or anyone else for any termination; whether of this website or your access to this website. Just remember the great times we had together and let us go.

Disclaimers, limitations and other legal jargon..

We’re sorry to bore you with this section, but we promise all this legal jargon is necessary to ensure things go smoothly; so please bear with us.
We provide this website to you on an “as is”, “where is” and “as available” basis only. This means, we cannot make any guarantees to you regarding the reliability, timeliness, quality, suitability or availability of this website or that this website will be uninterrupted or error free.

All use of this website is at your own risk and you are solely responsible for any damages resulting from your use of this website. We, as much as law would allow, generally disclaim all warranties or representations of any kind, whether express or implied.

Therefore, as far as permitted by law, we will not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including the loss of profits, loss of data, personal injuries or property damage related to or somehow related to your use or inability to use this website, or any changes to the website, or any unauthorised access or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or not received, or any transactions entered into through this website or arising in connection with unlawful acts of any third party.

If you are dissatisfied with this website, and/or the materials and content published here (we really hope you never find yourself in this position), you agree that your only remedy would be to discontinue usage of this website.

Mi casa es su casa, but if you go around wrecking things..

we would have no choice but to hold you solely and completely responsible for indemnifying us, our employees, directors, agents, officers, shareholders, licensors, suppliers or any other third-party information providers against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation by you of these terms or asserted by a third party as being due to your use or conduct while on this website.

A walk around the neighbourhood

This website may contain links to third party websites (these are called “Linked Websites”) and include advertisements. We cannot be responsible if the Linked Website is not working appropriately as we have absolutely no control over such websites and resources. Similarly, we cannot be responsible for the content on any Linked Website or advertisements and we do not endorse any content, advertising, products, goods or services or other materials on these Linked Websites, because we simply have no control over what they post or disseminate. You are responsible for viewing and abiding by the privacy statements and terms posted at these Linked Websites, and for taking precaution to ensure that whatever you select for use is free of viruses, worms, Trojan horses and other internet-pests. You know what people say – when getting around, it’s always best to use protection!! XD
Any dealings you might have with third parties (such as advertisers, sponsors, etc.) on or over the Linked Websites are solely between you and the third party (we’re good neighbours.. we don’t like to pry). In such situations, we cannot be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with the use or reliance on any content, goods or services available on such websites. It’s simply not our territory anymore once you step outside our domains. So, although we’d like to, we cannot really help you in this.

Private Affairs

This section may not contain exactly what you had in mind, but we assure you, your personal privacy is just as important. The same way you wouldn’t like nosy relatives spreading rumours about your personal affairs, we wouldn’t want to assume the role of the nosy relative in this case. To help us from unintentionally morphing into some version of a relatively aged, most likely unsavoury, distant relation who obviously has too much free time on their hands, please review our Privacy Policy to understand how we use your personal information and other information we gather from you when you access our website and discontinue use of this website if you have to.
Because our Privacy Policy is a very essential part of these terms, you know the drill – every time you access this website, you automatically agree to be bound by the Privacy Policy as well. This simply means that you also agree that we will have the right to use the information we collect from you in the ways we state in our Privacy Policy. If you do not agree to these terms, we’re sorry but we don’t think we can be friends anymore. =(

Friendly Etiquette
You’re more than welcome to drop by as often as you would like; but we’re generally not too fond of people who steal from us. (It makes us sad.) So, while you’re here, please do admire our artwork and content, but please don’t take them home with you.
Copyright – This website, all images, texts, graphics, logos, sounds, video, programmes and any other material (collectively called “Content”) made available on this website are owned by or licensed to us and are subject to copyright or other intellectual property rights under applicable laws. You are more than welcome to use them for your personal (and very non-commercial) use, so please go ahead: stare, ogle and taste(??) them if you will, but only so far as you do not make money or commercial use out of our Content. If you exploit our Content commercially, however, we would have no choice but to take legal action against you because that might cause a whole lot of damage to us. But hey, we’re not big meanies – we quite understand how far admiration can go; so feel free to even print a copy of our Content for your own personal use.
Contributions from you – We require a licence from you so that we can use your contributions on the website or elsewhere. By making a contribution to our website (including those made pursuant to participations in contests, lucky draws or other services provided by us), you automatically agree to grant us a perpetual, royalty-free, sublicensable, worldwide licence to use, modify, publicly display, create derivative works from, reproduce and distribute your contribution in connection with this website or any contest or related service in any media format. It would be like giving a gift to us – we might put it up for display to other visitors, play with it, make a few tweaks here and there, lend it to others or maybe even re-gift it? The choices are endless! But don’t worry, we guarantee we won’t do anything illegal with it. We’re not creeps.
Trademarks – Trademarks are like our names. They are used to identify us and to inform people what belongs to us and what comes from us. Therefore, we reserve all rights in our corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively called the “Marks”) and nothing in these terms grant you the license to use our Marks. Realistically though, why would you even want to be called by someone else’s name in the first place anyway?
Infringement *gasp* – we respect the intellectual property rights of our users and others. But because we do not have eyes at the back our heads like our mothers used to have, we need your help to report any instances of infringement going on. If you are a copyright holder who believes that any of the Content on our website violates your copyright, please inform us via an appropriate notice containing the following information so we can help you deal with those meanies:
your legal name, mailing address, telephone number and e-mail address;
a description of the copyrighted work that you claim has been infringed, and the name of the owner of the copyrighted work;
a description of where on the website the material that you claim is infringing the copyright may be found, sufficient for us to locate the material;
a statement that you have a good faith belief that the use of the copyrighted work is not authorised by the copyright owner, its agents or the law;
a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and
your electronic or physical signature.
We will respond to clear and valid notices of alleged infringement by removing or disabling access to the allegedly infringing Content on the website. All notices should be directed to us via our e-mail address [email protected]. Please don’t call us to report infringement though. We’re the kind who like to process things through repeating the facts carefully over time, so we really need things in writing.

The nitty-gritty, odds and ends..

Please bear with us, this area can get slightly technical, but we promise that it’s totally necessary.
These terms are governed by the laws of Malaysia without reference to conflict of laws principles. If any legal action or proceedings should arise between you and us (we certainly hope not though), you irrevocably agree to submit to the exclusive jurisdiction of the courts located in Malaysia. You also agree that this website shall, for the purpose of determining the correct jurisdiction and applicable laws, be deemed to have originated and been provided by Creators Academy Asia in and from Malaysia.
These terms both substitute for and supersede all previous agreements (whether written or verbal) between you and us and contain the entire understanding between both of us with respect to this website – this makes it much easier to keep track of things. No advice or information of any kind, obtained by you from this website would create any obligation or warranty on our part – we really just provide this website as a way of providing information to you in a general sense. You may also be subject to additional terms and conditions that may apply when you use any services offered by us, third-party content or third-party software, and neither the course of conduct between us nor trade practice can act to modify anything contained in these terms.
Our performance of these terms is subject to existing laws and legal processes, and nothing contained in these terms subtracts from our rights and obligations to comply with all governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to or gather by us with respect to such use.
Any term, condition or provision contained in these terms which are deemed illegal, void, prohibited or unenforceable will be ineffective to the extent of the illegality, voidness, prohibition or unenforceability without affecting the remaining provisions in these terms. We still want to reserve our rights, we just don’t want to break the law.

If any of these provisions is declared by a competent court to be against the law, then such provisions will be construed, as nearly as possible, to reflect the intentions of the parties (you and us), while leaving other provisions unaffected.

No provisions in these terms shall be construed adversely against a party on the sole ground that that party was responsible for the drafting and preparation of these terms.
No delay or failure on our part to exercise or enforce any right or provision in these terms shall be considered a waiver, unless acknowledged and agreed to by us in writing. The single or partial exercise by us of any right, power or remedy shall not preclude any other or further exercise of any other right, power or remedy.

You may not assert any claim against us in connection with this website unless you have given us written notice of the claim within fourteen (14) days from the time when you have come to know or should have known of the facts giving rise to such claim. (No one likes jump-scares, right?) You agree that any cause of action arising out of or related to this website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. So speak up within that time, or forever hold your peace.
We may assign our rights and duties under these terms to any party at any time without notice to you and the terms will be binding upon and inure to the benefit of each party’s respective permitted successors and assignees.
Should you have any questions concerning these terms, or if you wish to contact us for any reason, please email us at [email protected] .
Thank you and we hope to see you around here more often!!