1. Agreement to the Terms
Please note that you must read and agree to the terms and conditions of this Agreement (the “Terms”) before you use the WOWLOUD Software Application or the WOWLOUD Service.
You can accept the Terms by ticking the “I agree” box or pressing the “I Accept” button when creating a WOWLOUD account or by actually using the WOWLOUD Software Application and/or the WOWLOUD Service.
By accepting the Terms you confirm that you are 18 years of age or more, or that you are 13 years of age or more and that you have received your parent’s or guardian’s consent to enter into this Agreement, that you have your residence in Malaysia, that any registration information that you submit to MNC is true, accurate and complete, that you will update such information in order to keep it current, and that you have read, understood and agree to the terms and conditions of this Agreement and the WOWLOUD Privacy Policy.
If you do not agree to the terms and conditions of the Agreement, you may NOT use the WOWLOUD Software Application or the WOWLOUD Service.
In any event, you are deemed to have read and agreed to the terms and conditions of the Agreement once you use the WOWLOUD Software Application and/or the WOWLOUD Service.
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2. Changes to the Agreement and terms of use
MNC may make changes to this Agreement at its sole discretion without prior notice. Changes will be communicated to you by us posting the new version of the Agreement on the WOWLOUD Website or as otherwise determined by MNC in its sole discretion and your acceptance of and / or continued use of the WOWLOUD Software Application or the WOWLOUD Service after such notification of changes to this Agreement will constitute your acceptance of such changes. You may also be asked to acknowledge and accept this amended or updated Agreement following any material changes. Should there be any discrepancies between the version of this Agreement on the WOWLOUD Website and the WOWLOUD Software Application, the version stated on the WOWLOUD Website shall prevail.
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3. License by WOWLOUD
You are granted a limited, non-exclusive, revocable license to make personal non-commercial use of the WOWLOUD Software Application (including a right to download said application) and the WOWLOUD Service and to receive by stream (and, where you have purchased the Premium Service or the Mobile Service, by conditional download) the media content made available through the WOWLOUD Service in Malaysia. The media content made available by the WOWLOUD Service refers to the following:
• Songs or musical tracks
• Advertising content
• Branding and related proprietary logos and graphics
All references to media content in this Agreement shall refer to the above definition. The use of this media content is only for personal non-commercial usage and shall not be displayed or shared in a public environment. You do not have a right to transfer or sublicense your rights under this Agreement.
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4. Purchase of the WOWLOUD Paid for Service
If you agree to pay the fee for access to the applicable WOWLOUD Paid for Service, such fee will be charged by the company designated by MNC in accordance with the payment method you have chosen for your purchase.
If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorised to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the WOWLOUD Website are inclusive of any applicable sales taxes and fees. MNC accepts a variety of different payment methods, so please check the WOWLOUD Website for the best way for you to pay.
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5. The Premium Plus Service
You are required to have the most recent mobile version of the WOWLOUD Software Application (Mobile Version) on your mobile handset in order to use the Premium Plus Service. The Mobile Client may be acquired only via the official channels authorized by MNC. Only handsets that are supported by MNC may be used to access the Mobile Service and you agree that WOWLOUD has no obligation to support any particular make or model of handset, whether or not such make or model is currently, or was previously supported by MNC.
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6. Prices
MNC may change the price for the WOWLOUD Paid for Service from time to time at its sole discretion without prior notice. Any price change will be communicated to you. In respect of the WOWLOUD Paid for Service, such changed price will take effect after the expiry of the then current paid for period (i.e. the term that you have already paid for.
If you do not wish to be bound by such changed price relating to your WOWLOUD Paid for Service you may terminate your subscription of your WOWLOUD Paid for Service in accordance with Section 9 (Terms and termination). Your continued use of the WOWLOUD Paid for Service after the communication of such price change to you constitutes an acceptance of such new price.
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7. Automatic renewal of subscription
Where applicable, if you have selected the credit card or FPX option for your payment to the WOWLOUD Paid for Service, your subscription will automatically renew on a monthly basis, unless you terminate your subscription prior to the end of such subscription.
At the time of renewal the payment method you have designated to be charged for the purchase of the WOWLOUD Paid for Service will automatically be charged with the applicable amount. Otherwise, your subscription will expire at the end of the payment terms that you have selected (e.g. three months, six months or one year); thereafter you will need to make your payment again if you wish to renew your subscription to WOWLOUD Service.
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8. Duration
If you have made any subscription related payment for the WOWLOUD Paid Service anytime before or on the 15th day of the current month, then the duration with which you are able to utilize the WOWLOUD Paid Service in relation to that payment will be until the last day of that particular calendar month.
Conversely, if you have made any subscription related payment for the WOWLOUD Paid Service anytime after the 15th day of the current month, then the duration with which you are able to utilize the WOWLOUD Paid Service in relation to that payment is until the last day of the subsequent calendar month.
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9. Terms and termination
You may cancel your subscription of the WOWLOUD Paid for Service at any time by visiting your subscription page which termination shall have effect at the expiry of the then-current subscription period that you have already paid for (e.g. one month, one quarter, six months, or a year).
MNC will not refund any remaining portion of subscription fees you have already paid for.
MNC reserves the right to terminate this Agreement or suspend your WOWLOUD account at any time in case of unauthorised, or suspected unauthorised use of the WOWLOUD Software Application or the WOWLOUD Service whether in contravention of this Agreement or otherwise.
If MNC terminates this Agreement, or suspends your WOWLOUD account for any of the reasons set out in this section or if you have breached any of the terms and conditions stated in this Agreement, MNC shall have no liability or responsibility to you, and will not refund any amounts that you have previously paid.
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10. Proprietary Rights
MNC respects intellectual property rights, and expects you to do the same. The WOWLOUD Software Application, the WOWLOUD Service and the content provided through the WOWLOUD Service is the property of WOWLOUD or WOWLOUD's licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the WOWLOUD Software Application or the WOWLOUD Service (including but not limited to its content) in any manner not covered by the Agreement.
Furthermore, you must not infringe any third party’s intellectual property rights in using the WOWLOUD service, which means that (for example) you may not import or copy any music which you have not legally acquired and have the right to so import or copy into the WOWLOUD Software Application or the Mobile Client.
Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the WOWLOUD Software Application or the WOWLOUD Service.
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11. Restrictions of use
For the avoidance of doubt, you agree that you may not (without limitation):
- copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the WOWLOUD Software Application or the WOWLOUD Service or its content (including but not limited to tracks, images and text) in a manner not expressly permitted under this Agreement;
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- sell or attempt to sell any invite to access the WOWLOUD Service, or resell any code used to access the WOWLOUD Paid for Service;
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- provide your password to any other person or use any other person's user name and password;
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- reverse-engineer, decompile, disassemble, modify or create derivative works based on the WOWLOUD Software Application or the WOWLOUD Service or any part thereof;
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- relocate or duplicate (i.e.create a copy of) the WOWLOUD Software Application, its related program files and its containing file folder from its original installed location to another location within the user’s computer file structure or to another device altogether;
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- utilize or access the WOWLOUD service through the WOWLOUD Software Application using devices that are unauthorized or unrecognized by the WOWLOUD service;
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- circumvent any technology used by WOWLOUD, its licensors, or any third party to protect content accessible through the WOWLOUD Software Application and WOWLOUD Service;
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- rent or lease any part of the WOWLOUD Software Application or the WOWLOUD Service;
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- use the WOWLOUD Software Application or the WOWLOUD Service in any way that violates the terms of this Agreement;
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- circumvent any territorial restrictions applied by WOWLOUD;
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- artificially increase play count or otherwise manipulate the WOWLOUD Software Application or the WOWLOUD Service by using a script or other automated process;
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- import any local files which you have not legally acquired into the WOWLOUD Service; and
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- copy any local files which you have not legally acquired onto your mobile handset or other device using the WOWLOUD Service.
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- You are expressly prohibited from using the WOWLOUD Service to stream music for entertainment purposes in public places.
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- You are expressly informed that the WOWLOUD Service will require a Software Application update check during every login with your active user account. This update check is done automatically during the startup of the Software Application during which there is an active internet connection. The Software Application will prompt you to download and install the latest version of the WOWLOUD Software Application to ensure that you can continue to access the WOWLOUD Service. Failure to do so will result in the inabililty to access the WOWLOUD Service.
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- You are required to log into the WOWLOUD Service with your active user account using an active internet connection every FOURTEEN (14) days. Failure to do so will result in the inability to access the WOWLOUD Service.
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In addition to the above, you agree to take all reasonable care to prevent unauthorised use of the WOWLOUD Software Application and the WOWLOUD Service and its content.
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12. Social Networking Services
Activities on the WOWLOUD Service are integrated with third party social networking services, such as Facebook and Twitter. You have the option whether to use this feature or not. If you use this feature, you must respect other users of the WOWLOUD Service in your interactions with them.
MNC reserves the right, in its absolute discretion, to disable your account if it believes that you are violating this principle. Unacceptable behavior will result in your account being terminated and you being blocked from accessing the WOWLOUD Service. Examples of unacceptable behavior include, but are not limited to:
- giving playlists offensive, abusive, defamatory, pornographic or obscene titles;
- spamming other users through the respective messaging systems and inboxes, or using automated means to artificially promote content; and
- using a photo on your profile that infringes the copyright of a third party, or is offensive, abusive, defamatory, pornographic or obscene.
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13. Use of cached content
The “offline mode” of the WOWLOUD Service permits you to download temporary copies of content and play it locally. As a user of WOWLOUD Service, you are permitted to store such cached content on up to three (3) separate devices. To ensure reasonable functionality of the ‘offline mode’, the WOWLOUD Service will store a maximum 3,333 of temporary copies of media content on the local device. MNC will constantly monitor and review the maximum amount of copies needed to ensure the best experience in the usage of this feature, MNC reserves the right to change or modify this maximum amount as and when deemed necessary.
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14. Local files
The WOWLOUD Software Application can generate a list of the local music files that is stored on your computer or other relevant device. This function does not upload or copy these music files. Instead, the function permits you to play the local music files stored on your computer or other relevant device using the WOWLOUD Software Application.
You may only import the files that you have legally acquired, and have the right to import. For instance, you may not use the WOWLOUD Service to import any music you have illegally downloaded from the Internet.
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15. Advertising and the use of resources on your computer
As consideration for your rights under this Agreement, you agree that MNC and its business partners have a right to provide promotional offers, advertising and other information to you by email or other means of communication, in relation to the WOWLOUD Software Application and the WOWLOUD Service.
You may opt out of receiving promotional messages from MNC and its business partners at any time by changing your account settings or by hitting the “unsubscribe” link in any of your emails.
You shall also agree that MNC has a right to allow the WOWLOUD Software Application and the WOWLOUD Service to utilise the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the WOWLOUD Software Application and the WOWLOUD Service, and to facilitate the operation of the network on which the WOWLOUD Software Application and the WOWLOUD Service runs.
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16. NO WARRANTY
THE USE OF THE WOWLOUD SOFTWARE APPLICATION AND THE WOWLOUD SERVICE (INCLUDING BUT NOT LIMITED TO ITS CONTENT) IS AT YOUR OWN RISK. THE WOWLOUD SOFTWARE APPLICATION AND THE WOWLOUD SERVICE IS PROVIDED AND LICENSED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, MNC DISCLAIMS AND GIVES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE QUALITY, CONTENT AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF THE WOWLOUD SOFTWARE APPLICATION OR THE WOWLOUD SERVICE OR WARRANTY OF TITLE OR NON-INFRINGEMENT.
In addition, MNC does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the WOWLOUD Service or any hyperlinked website, or featured in any banner or other advertising. Consequently MNC will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through the WOWLOUD Service.
As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from MNC shall create any warranty on behalf of MNC in this regard.
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17. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MNC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WOWLOUD SOFTWARE APPLICATION OR THE WOWLOUD SERVICE (INCLUDING BUT NOT LIMITED TO ITS CONTENT), EVEN IF YOU HAVE ADVISED WOWLOUD ABOUT THE POSSIBILITY OF SUCH LOSS, AND INCLUDING ANY DAMAGES RESULTING THEREFROM.
Your only right with respect to any problems or dissatisfaction with the WOWLOUD Software Application and the WOWLOUD Service is to uninstall the WOWLOUD Software Application and to stop using the WOWLOUD Service.
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18. Indemnity
You agree to indemnify and hold MNC and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.
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19. Infringement Notice and Takedown Policy
At MNC, we aim to respect the intellectual property rights of others. If you believe that the content made available on this website or through use of any services offered by MNC infringe your copyright, please provide a claimed copyright infringement notice with the following information, to the email address noted below:
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A statement by you that you have a good faith belief that the disputed use of the material is not authorised by the copyright owner, its agent, or the law; |
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Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works on the site or any of the services are covered by a single notification, a representative list of such works; |
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Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MNC to locate such material, including if possible the name of such work, and where such material may be found on the site or service (including, for example, a URL and/or screen shot); |
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Your full name, email address, postal address and telephone number on which you can be contacted; |
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A statement by you that you have a good faith belief that the disputed use of the material is not authorised by the copyright owner, its agent, or the law; |
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A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; |
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Your electronic or physical signature. |
Once a complete and proper notice of claimed copyright infringement is received at the email address below, MNC will investigate such matter and take appropriate action(s), which may include, without limitation, removal of or disabling of access to infringing material and termination of site or service privileges of anyone who repeatedly infringes the copyrights of others. The email address for the above notices is: wowteam@WOWLOUD.com
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20. Technology limitations and modifications
MNC will make reasonable efforts to keep the WOWLOUD Software Application and the WOWLOUD Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. MNC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the WOWLOUD Software Application and the WOWLOUD Service with or without notice.
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21. Privacy
You agree that MNC has a right to collect and process your personal information in accordance with the WOWLOUD Privacy Policy.
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22. Assignment by MNC
MNC may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
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23. Severability
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
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24. Governing law and disputes
This Agreement shall be governed and construed in accordance with the laws of Malaysia. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of Malaysia.
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25. Entire agreement
This Agreement together with the WOWLOUD Privacy Policy, (the “Agreements”) constitutes all the terms and conditions agreed upon between you and MNC and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to MNC are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by MNC not contained in this Agreement.
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26. Language of the Terms
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
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