Terms & Conditions

1. Acceptance of Terms

Welcome to the LifeLogger website, a service provided by Orientations Network Sdn Bhd (“We” or “Us”). The services provided by this website (“the Services”) and therefore by Orientations Network Sdn Bhd are subject to the following Terms and Conditions of Service.

ONLY PERSONS AGED EIGHTEEN YEARS OR OVER MAY AGREE TO THESE TERMS AND USE THE WEBSITE OR THE SERVICES OFFERED THROUGH THE WEBSITE.

This is a legal agreement (“Agreement”) between you, the user, together with any company or other business entity you are representing, if any, and Us. This Agreement governs the access and use of all products and services, including but not limited to LifeLogger Services, for which you register and which are provided by or through any website or co-branded website owned and controlled by Us. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE OR ACCESS THE SERVICES.

The Services offered to you are conditioned upon your acceptance without modification of this Agreement. You acknowledge that, from time to time, it may be necessary for Us to update or revise certain provisions of this Agreement. By signing up for the Services and accepting this Agreement, you agree that We may change the terms of this Agreement in our sole discretion without specific notice to you. If you do not agree to the changes proposed by Us, or to any terms in this Agreement, your sole and exclusive remedy is to cancel your LifeLogger account. Notwithstanding the foregoing or any other provision of this Agreement, We reserve the right to cancel, suspend or refuse access to the Services to anyone in our sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Services shall be subject to this Agreement.

2. Registration Obligations

In consideration of the use of the Services, you agree to:

  • provide true, accurate, current and complete information about yourself as prompted by our registration form (“Registration Information”) and refrain from impersonating or falsely representing your affiliation with any person or entity.
  • maintain and update the Registration Information to keep it true, accurate and current.
  • maintain a valid email address at all times and promptly notify Us in writing of any change to your email address from time to time.
  • be responsible for maintaining the confidentiality of your account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password.

Upon the submission by you of your Registration Information to Us, you will be able to make your first upload or posting to your LifeLog. For the avoidance of doubt, your postings shall for the purposes of this Agreement be deemed to be your Content (as defined below) and is required to comply in all respects with these Terms. If you do not submit your first posting to Us within thirty (30) days following the date of your registration for the Services, We reserve the right to suspend your account indefinitely. Similarly, if you fail to log in to your account for a continuous period of twelve (12) months or more, We reserve the right to suspend your account indefinitely or to terminate your account (as provided for under Clause 14 below). You agree that We shall not be liable to you or any third-party for any financial or other loss which may arise from our suspension of your account in the manner aforementioned.

If your account is suspended (but not terminated) pursuant to either of the foregoing events, you shall be required to contact Us via email to request for your account to be reactivated. However, after receipt by Us of your request as aforesaid, We shall determine at our sole and absolute discretion whether or not to reactivate your account.

3. Availability of the Services

While Orientations Network Sdn Bhd makes reasonable efforts to ensure that the LifeLogger website is available at all times, We do not guarantee, represent or warrant that LifeLogger website Services will be uninterrupted or error-free, and We do not guarantee that users will be able to access or use all of the LifeLogger features and services at all times. We also do not guarantee or warrant that content that you may have sorted with your account will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up images and other content. If any data, messages, images, videos, audio clips or other content in your account and or which is stored on the LifeLogger website is lost or corrupted in any way, We will have no obligation or liability to you.

4. Actions not Permitted whilst using the Services

You agree that all information, data, text, photographs, graphics, music, sound, video, messages or other materials (“Content”) publicly posted to the LifeLogger website by you or by persons authorised by you or with your consent is your sole responsibility. You are entirely responsible for all Content that you upload, post or otherwise transmit via the Services. We do not guarantee the accuracy, integrity or quality of such Content. We reserve the rights, but are not obligated, to review the Content posted via the Services. Although We prohibit the uploading of certain types of Content to the website, We cannot control the use of our Service. It is possible that images or other material may appear on our website which are unlawful or offensive. We are not responsible for such images or material. Neither Us or our subsidiaries, affiliates, officers, agents, co-branders or other partners and employees and or servants shall be responsible and or liable in any manner whatsoever for the appearance on our website of such images or materials.

We may at our discretion contact law enforcement authorities if We believe that anything unlawful is occurring or has occurred in relation to the website. We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by Us. In registering for the Services you agree to not use the Services to:

  • upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, politically motivated, or racially, ethnically or otherwise objectionable. In this regard, you expressly agree to comply with the requirements of Malaysian law including (but not limited to) the Malaysian Communications and Multimedia Content Code (the “Code”) together with the applicable laws and regulations of the jurisdiction in which you are using the Services (collectively referred to herein as the “Applicable Laws”) and shall not provide and or post any prohibited Content (as set out in the Code) nor any Content in contravention of Applicable Laws on to the LifeLogger website. Please click on the hyperlink to the Content Forum (as defined in the Code) website which can be found on the LifeLogger website, for purposes of obtaining the information specified under Paragraphs 7.1 - 10.2 of the Code;
  • upload, post or otherwise transmit any Content of a third party/entity without that third party’s or entity’s prior knowledge and consent;
  • harm minors in any way;
  • impersonate any person or entity;
  • upload, post or otherwise transmit any Content that you do not have a right to transmit under any Applicable Laws or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, unless such party’s express prior consent is first had and obtained;
  • upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam”, “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • upload or post Content other than text, digital images, video or audio clip files to the LifeLogger website, including but not limited to graphics, software and/or logos to the LifeLogger website.
  • interfere with or disrupt or hack into these Services or servers or networks connected to these Services, or disobey any requirements, procedures, policies or regulations of networks connected to these Services;
  • intentionally or unintentionally violate any applicable local, national or international law including but not limited to any Applicable Laws;
  • “stalk” or otherwise harass another;
  • collect or store personal data about other users;
  • promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
  • engage in commercial activities. This includes, but is not limited to, the following activities:
    • offering for sale any products or services;
    • soliciting for advertisers or sponsors;
    • conducting raffles or contests that require any type of entry fee;
    • displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services and displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their websites.

In addition and subject to Clause 6 below, you further expressly agree that while using and or while preparing to use the Services, you shall not interfere with any other LifeLogger user’s use and/or enjoyment of the Services; modify, adapt, translate or reverse engineer any portion of the Services; remove any copyright, trademark or other proprietary rights and/or notices contained in or on the Services; reformat or frame any portion of the web pages that are part of the Services; create multiple user accounts in violation of these Terms or create user accounts by automated means (unless otherwise expressly authorized under these Terms) or under false or fraudulent pretenses.

We reserve the right to terminate your account, including all postings and information in your account, in the event you fail to comply with any of the foregoing provisions. KINDLY TAKE NOTE That any information provided by you to any other LifeLogger account, such as “comments” made on another LifeLogger account will not / cannot be deleted by you under any circumstances. Subject to compliance with the foregoing, We shall, if We deem fit, permanently terminate your account if you do not thereafter log in for a continuous period of three (3) months.

Additionally, We may request you to place all or any portion of the Content under the share setting of “Private” (i.e. exclusively for your own personal viewing) and require you not to alter the foregoing setting under any or certain circumstances if We determine that such Content is inappropriate for the community at large. We also reserve the right to lock the share settings of your account in respect of such Content to “no one” without first notifying you.

The foregoing shall not in any manner whatsoever affect or prejudice any of our other rights as set out in these Terms including but not limited to the right to submit personal data regarding yourself that is held by Us and or copies of any posting(s) which has been uploaded by you on to the LifeLogger website to law enforcement authorities and or our right to remove, delete, modify and or amend any Content which has been uploaded on to the LifeLogger website at anytime without reference or notice to you, in the event We determine (based on our sole judgement and discretion) that any such Content and or posting(s) is prohibited and or is otherwise in violation of these Terms.

We hereby declare our intention to at all times comply in full with the provisions of the Code (i.e. such parts thereof as shall apply to Us and or the Services) and any other Applicable Laws. In connection therewith, nothing herein contained shall at anytime be construed or deemed to affect our right to remove any prohibited Content (as set out in the Code) in the manner prescribed under Paragraph 10.2 of Part 5 of the Code in the event We are notified by the Complaints Bureau (as defined in the Code) that you are providing / uploading and or have provided / uploaded prohibited Content (as set out in the Code) on to the LifeLogger website. Please click on the hyperlink to the Content Forum (as defined in the Code) website which can be found on the LifeLogger website, for purposes of obtaining the information specified under Paragraphs 7.1 - 10.2 of the Code.

5. Security

You must promptly notify Us of any breach of security related to the Services, including but not limited to unauthorized use of your password or account. To help ensure the security of your password or account, please sign out from your account at the end of each session.

6. Intellectual Property Rights

Subject to the following provisions of this Clause 6, you shall retain all intellectual property rights, including copyright, to the Content that you have uploaded to the website.

You agree that We have a royalty-free, non-exclusive licence(s) in perpetuity to display, modify, print, transmit, distribute or delete any of the Content that you at any time upload on to the website. The use of such information by third parties visiting the LifeLogger website is beyond our control.

Notwithstanding the foregoing, you acknowledge that We will run advertisements and promotions on the LifeLogger website. In such event, you expressly acknowledge and agree that all intellectual property rights, including copyright, to the Content that you have uploaded to the website in connection with or pursuant to such advertisements and or promotions found on or through these Services shall solely and absolutely vest in the relevant advertiser and or promoter, unless otherwise specified in the terms and conditions of dealing between you and such advertiser and or promoter as referred to in Clause 13 below.

7. Indemnity

You agree to indemnify and hold Us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners (including any person or entity with which We have a service and or other contractual relationship, whether such relationship is evidenced in writing or otherwise), and employees and or servants, harmless from any claim or demand, including claims for legal fees, made by any third party due to or arising out of your Content, your use of these Services, your connection to these Services, your violation of this Agreement, or your violation of any rights of another. You agree to pay any legal fees incurred by Us due to or arising out of your Content, your use of these Services, your connection to these Services, your violation of this Agreement, or your violation of any rights of another.

8. Third Party Acquiror

You expressly agree that notwithstanding any provisions herein contained, We may and have the full rights to, at anytime, at our sole and absolute discretion, sell, dispose, assign and or novate all of our rights, entitlements, benefits and or obligations herein contained (as the case may be) in connection with or pertaining to the Services and or the LifeLogger website (or any part thereof) to any third party acquiror / potential third party acquiror, without first giving you notice thereof or obtaining your prior consent for the same. You further acknowledge and agree that following the completion of such sale, disposal, assignment and or novation (as the case may be), the terms of use of the Services and or the LifeLogger website as imposed by such third party acquiror may not necessarily conform with (and in fact may be materially different in nature from) the Terms herein contained; notwithstanding, We shall not in such event be liable to you in any manner whatsoever.

9. Assignment / Successors

The rights, benefits and entitlements herein contained shall enure for the benefit of Us, our successors-in-title and our permitted assigns.

10. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of these Services, use of these Services, or access to these Services.

11. Modifications to service

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Services (or any parts thereof) with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or discontinuance of these Services.

12. Modification of Terms

You agree that We reserve the right to amend the Terms at any time, for any reason. Any changes to this Agreement will be posted on the LifeLogger website. If any future changes are unacceptable to you, you should discontinue using the Services provided by the LifeLogger website. Your continued use of the Services now, or following the posting of notice of any such changes, will indicate your acceptance of this Agreement, and of any such changes.

13. Entire Agreement

These Terms constitute the entire agreement between you and Us and govern your use of the Services. In the case of inconsistencies between these Terms and information included in off-line materials (e.g. promotional materials and mailers), these Terms shall always prevail.

14. Termination

You agree that We, in our sole discretion, may terminate your account or use of these Services, and remove and discard any Content held on your behalf, for any reason, including, without limitation, if you fail to log in to your account for a continuous period of three (3) months or if We believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may also in our sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete your account and Content and/or bar any further access to these Services. Further, you agree that We shall not be liable to you or any third-party for any financial or other loss which may arise from our termination of your access to these Services and/or loss or destruction of Content held on your behalf.

15. Advertisements and Promotions

We run advertisements and promotions on the LifeLogger website. Your correspondence or business dealings with, or participation in promotions or campaigns undertaken by, advertisers found on or through these Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You acknowledge that you are responsible for viewing and abiding by the privacy statements and terms and conditions of use posted at the relevant advertiser’s/promoter’s web sites. You agree that We shall not be responsible or liable for any loss or damage of any sort incurred by you or any third party as the result of any such dealings or as the result of the presence/activities of such advertisers / promoters on these Services.

16. Disclaimer of Warranties

You agree and expressly understand that:

  • your use of the Services is at your sole risk. We and our suppliers provide the Services, including all content, software, functions, materials and information made available on or accessed through the Services, “as is” and without any warranty or condition of any kind, express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement;
  • We make no warranty that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure or error-free; and (iii) the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations;
  • any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.

17. Law and Jurisdiction

These Terms and the provision of the Services by Us are governed by and shall be interpreted in accordance with Malaysian Law. In the event of any dispute arising in relation to this Agreement or in relation to the provision of the Services by Us, the Malaysian Courts will have exclusive jurisdiction over such dispute.

18. Communications and Multimedia Content Forum of Malaysia

Upholding and maintaining standards by abiding by recognised content and privacy guidelines is crucial, and a lot of effort has been dedicated to this matter on our part and by relevant regulatory authorities. Find out more about this at the CMCF (Communications and Multimedia Content Forum of Malaysia) website. The hyperlink to the CMCF website can be found on the LifeLogger website.

19. Severability

If any of the provisions of this Agreement is found by any competent authority (whether judicial or quasi-judicial) to be void, illegal, invalid, prohibited or unenforceable, such provision shall be deemed to be deleted from this Agreement and the remaining provisions of this Agreement shall thereafter remain in full force and effect.

Upholding standards by keeping to recognised content and privacy guidelines is crucial, and a lot of effort has been dedicated to this matter. Find out more about this at the CMCF (Communications and Multimedia Content Forum of Malaysia) website.

Last updated on 02 May 2006