Restriction on Content
You agree not to:
(a) upload, post, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, offensive, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, and / or which infringe or misappropriate the Intellectual Property Rights of Poptron or other third parties;
(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights, weapons, drugs, or any other illegal products and/or services, and/or any policy we may have regarding prohibited and restricted items;
(c) use the Platform and/or the Services to harm Minors in any way;
(d) use the Platform and/or the Services and/or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Platform;
(f) remove any proprietary notices from the Platform;
(g) cause, permit or authorize the modification, creation of derivative works of, or translation of the Platform without the express permission of Poptron;
(h) use the Platform and/or the Services for the benefit of any third party or in any manner not permitted by these Terms and Conditions;
(i) use the Platform and/or the Services and/or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(j) open and/or operate multiple user Accounts in connection with any conduct that violates either the letter or spirit of these Terms and Conditions;
(k) access the Platform, open an Account, or otherwise access an Account using an emulator, simulator, bot, or other similar hardware or software;
(l) manipulate the price of any item or interfere with other User's postings and/or listings;
(m) take any action that may undermine the feedback or ratings systems;
(n) attempt to decompile, reverse engineer, disassemble or hack the Platform and/or the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Poptron with respect to the Platform and/or the Services and/or data transmitted, processed or stored by Poptron;
(o) harvest or collect any information about or regarding other Users, including, without limitation, any personal data or information;
(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law 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);
(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(u) interfere with, manipulate or disrupt the Platform and/or Services or servers or networks connected to the Platform and/or Services and/or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Platform and/or the Services or the servers or networks connected to the Platform and/or the Services;
(w) use the Platform and/or the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(x) use the Platform and/or Services in violation of or to circumvent any sanctions or embargo administered or enforced by any relevant authority having jurisdiction over such use;
(y) use the Services to violate the privacy of others or to "stalk" or otherwise harass another person;
(z) infringe the rights of Poptron and/or other Users, including any Intellectual Property Rights and any passing off thereof;
(aa) use the Platform and/or Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
(bb) list Products and/or post Content which infringe upon the Intellectual Property Rights of third parties or use the Platform and/or Services in a manner which will infringe the Intellectual Property Rights of others; and/or
(cc) copy, reproduce, compile, modify, distribute or resell any Services or Contents, or otherwise exploit the same for commercial purposes.
You shall not use the Services, access and/or manipulate the Platform in a manner that is fraudulent or deceptive, dishonest, not authorised and/or not in conformance with the Terms and Conditions, which shall include but is not limited to:
(a) transferring your Account and User ID to another party and/or allowing access by a third party to your Account and User ID without our express written consent;
(b) directly entering into and completing any Direct Dealing Transactions;
(c) exploiting or attempting to exploit any benefits provided by Poptron, (including but not limited to discounts and/or promotions) by signing up for multiple Accounts and/or submitting an Order with no intention to complete the Transaction;
(d) manipulating the price of any Product or interfering with other Users’ listings; and/or
(e) taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Platform or using it for purposes unrelated to the Platform).
You shall conduct yourself in accordance with good public order and morals, and shall refrain from the following conduct on the Platform:
(a) persistently raising complaints without any reasonable grounds or justification;
(b) repeatedly cancelling or returning Products that are not particularly defective or unsatisfactory without reasonable grounds or justification;
(c) engaging in behaviour which violates public order or is destructive to generally accepted customs or norms; and/or
(d) engaging in any behaviour and/or conduct which may be determined as unacceptable by us in our sole and absolute discretion.
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Poptron, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Platform. You understand that by using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Poptron be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.
You acknowledge that Poptron and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Platform. Without limiting the foregoing, Poptron and its designees shall have the right to remove any Content:
(a) that violates these Terms and Conditions;
(b) if we receive a complaint from another User;
(c) if we receive a notice of Intellectual Property infringement or other legal instruction for removal; and/or
(d) if such Content is otherwise objectionable.
We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Poptron or submitted to Poptron, including, without limitation, information in all other parts of the Platform.
You acknowledge, consent to and agree that Poptron may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Poptron or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms and Conditions;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of Poptron, its Users and/or the public.
You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
Please report to Poptron should you be asked to enter into any Direct Dealing Transactions. Poptron shall not be responsible for any problems or issues suffered by any User arising in relation to such Direct Dealing Transaction
All Intellectual Property Rights, whether registered or unregistered, in and to the Platform, content uploaded by Poptron to the Platform and all the Platform design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysian copyright laws and international conventions. All rights are reserved.
No part or parts of the Platform, (including Intellectual Property thereon) may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant Intellectual Property owners.
Nothing in these Terms and Conditions shall be construed or deemed as granting or providing to you any right, license, interest or permission to deal with any Intellectual Property in any way including, without limiting the generality of the foregoing, the right to copy, transfer, publish, store, create derivative works or use the same, and the right to use any of Poptron’s Intellectual Property in an unauthorised manner. You may not use any of Poptron ‘s Intellectual Property without the prior written consent of Poptron. Except as otherwise permitted by applicable law, any publication of any copyright work and/or Product are strictly prohibited without the written consent of the relevant owner of Intellectual Property Rights thereto.
Notwithstanding the provisions of these Terms and Conditions above, Poptron shall be entitled to commence legal proceedings for the purposes of protecting its Intellectual Property Rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
You shall ensure that all Content including without limitation listings, information, specifications, photographs, and Products for sale as supplied or provided by you on the Platform do not infringe or violate any Intellectual Property Rights. You shall also ensure that the use of such Intellectual Property Rights is with the prior, approval or consent of Intellectual Property Rights owner or intellectual Property Rights subsisting in any part of the world belonging to third parties.
You acknowledge that You have sole responsibility for the use of any third party Intellectual Property Rights included in the Content.
You shall notify Poptron as soon as practicable of any complaints or alleged claims of infringement of Intellectual Property Rights by any third party. All losses and costs to Poptron, its directors and employees and / or the Platform arising from your use of any Intellectual Property Rights shall be fully compensated by you.
By submitting Content for inclusion on the Platform, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Poptron.
You, as a User, further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Platform, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with the law and legal restrictions associated with any Content. You hereby grant Poptron and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, and publicly display such Content on, through or in connection with the Platform in any media formats and through any media channels and/or platforms, including, without limitation, for promoting the Platform and/or the Services and redistributing part of the Services (and its derivative works) without the need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. To the extent such waiver is not permitted by law, you hereby irrevocably and unconditionally consent to the use, treatment, alteration, removal or destruction and attribution of the Content as deemed appropriate by Poptron and/or Poptron’s successors, assignee and respective licensees and any persons who are authorised by Poptron or by such licensee or successor in title to do acts comprised in the copyright, which would otherwise be deemed an infringement of moral rights. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
Any Submission is not considered confidential by Poptron and may be disseminated or used by Poptron without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Accordingly, you acknowledge and agree that you have no expectation of privacy with respect to Submissions which you submit via the Platform, as they may be viewed and/or accessed by other Users of the Platform and/or the general public.
Each contributor to the Platform of any Submission is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with the law and legal restrictions associated with their Submission. As such, Poptron is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with the law and legal restrictions associated with any Submission. You will not hold Poptron responsible for any User’s actions or inactions relating to a Submission, including, without limitation, things they post or otherwise make available via the Platform.
You will not hold Poptron responsible for other Users’ Submissions, actions or inactions, or Products listed by Users, including Content they post.
You understand and agree that Transactions between you and Users on the Platform are deemed to be private contractual arrangements between you and such Users, and Poptron is not a party to, and is not an agent for and does not represent the Users or you in such Transactions, and has no authority to act for either party. Poptron is only responsible for operating and managing the Platform and making reasonable efforts in order to maintain efficient Services on the Platform. Accordingly, whether in your capacity as a Buyer or a Seller (as the case may be), you shall be solely and directly responsible for all liabilities related to Transactions entered into between you and other Users and in relation to any information provided by you to other Users and vice versa.
Poptron and the Platform have no control over and does not guarantee the quality, safety or legality of Products advertised, the truth or accuracy of a Seller’s content or listings, the ability of any User to sell or purchase Products or that any Transaction will be successfully completed.
No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Poptron.
Any description given of the Products is given by way of identification only and the use of such description shall not constitute a sale by description.
Poptron shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by a Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow a Seller’s instructions (whether oral or in writing) misuse or alteration or repair of the Products without a Seller’s approval.
Poptron and the Platform does not transfer legal ownership of Products from a Seller to a Buyer. Unless a Buyer and Seller agree otherwise, the Buyer will become the Product’s lawful owner upon the physical receipt of the Product from Seller.
If you have a dispute with one or more Users, you hereby release Poptron, and our officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Accordingly, to the extent that is legally permitted, Poptron excludes all implied warranties, terms and conditions. Poptron is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Platform and/or the Services.
Poptron does not guarantee the quality, safety or legality of the Products, the truth or accuracy of the content or listings of Sellers and other Users on the Platform or that a Seller or Buyer will actually complete a particular Transaction.
Poptron assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information on the Platform and under no circumstances will Poptron be liable for any loss or damage by your reliance on information obtained through the Platform. It shall be your responsibility to evaluate the accuracy, completeness and usefulness of any information and provided, and use of the Platform is solely at your own risk.
Poptron shall not be liable to you either in tort, contract, negligence or otherwise for any loss, damage, injury or expense, howsoever arising, out of or in connection with the sale, purchase, delivery, supply or use of the Products and/or the Services, particularly where such Services and/or parts thereof are provided by third party service providers. Under no circumstances will Poptron be liable for any loss of profits, loss of data or for any other special, indirect, incidental or consequential damages, whether foreseeable or unforeseeable, based on claims of a User or whether in action for contract, breach of warranty, tort or otherwise.
Poptron is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Poptron’s prior written approval and the Buyer shall indemnify Poptron against each loss liability and cost arising out of such claims.
Poptron shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Products has not been paid in cleared funds.
Poptron shall be under no liability whatsoever in respect of any defect in the Products.
Where there is any defect in the quality or condition of the Products or where the Products fail to correspond with specification, Buyer may apply to return the defective and/or damaged Products to Seller in exchange for a replacement or a refund in accordance with a Seller’s Return and Refund Policy, as well as Poptron’s overarching Return and Refund Policy.
Third-party links and/or widgets provided throughout the Platform will let you leave the Platform. These links and/or widgets are provided as a courtesy only, and the websites and/or platforms they link to are not under the control of Poptron in any manner whatsoever and you therefore access them at your own risk. Poptron is in no manner responsible for the contents of any such linked website or platform, or any link contained within a linked website or platform, including any changes or updates to such website or platform. By using the Platform, you agree that Poptron shall not be liable in any manner due to your use of, or inability to use, any third party website, platform, or widget. You further acknowledge and agree that Poptron may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms and Conditions.