This Terms of Use and Notices was last updated on the 12th of April 2010

INTRODUCTION

Stadiumastro.com.my is a Malaysian sports website focused on both local and international sports news content. The site also provides a social networking service that allows Members to create unique personal profiles online in order to find and communicate with the sports celebrities, guest bloggers and Stadium Astro’s editorial team. The services offered by Stadium Astro include Stadium Astro Website, the Stadium Astro Internet messaging service, and any other features, content, or applications offered from time to time by Stadium Astro (collectively “Stadium Astro Services” which are further defined below). The Stadium Astro Services are hosted in Malaysia.

The Stadium Astro Services are operated by Digital Five Sdn Bhd. By using the Stadium Astro Website you agree to be bound by these Terms of Use & Notices . In addition, if you are an individual who wishes to become a Member, communicate with other Members, and use of the Stadium Astro Services, you must read this TOU & Notices and indicate your acceptance of its terms by following the instructions on the “Registration” page, and checking the box labelled “I agree to Stadium Astro’s Terms Of Use & Notices.” If you do not agree to these terms of use, you may not use the Stadium Astro Website.

Note that special terms apply to some services offered on the Stadium Astro Website, like rules for particular contests  or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE SITE.

DEFINITIONS

In the TOU and Notices, unless inconsistent with the context or otherwise specified, the following expressions shall have the meanings set forth:

“Astro Group” shall mean Astro All Asia Networks plc. (“AAAN plc”) and any person or entity  controlled by, or under common control with AAAN plc. "Control" means ownership of shares carrying fifty percent (50%) or more of the votes exercisable at a general meeting (or its equivalent) of a company.

“Digital Five” means Digital Five Sdn Bhd (Company No. 488331-D)

“E-PASS” shall mean a membership service provided by Digital Five which allows registered members to participate in member-specific services such as contests and online services on the Stadium Astro Website

“E-PASS Account” shall refer to an account created for a member registered for the E-PASS service.

“E-PASS Account Holder” shall mean a person who has registered for and is a member of the E-PASS service

“License Agreement” shall mean the licence and terms and conditions for use of the Software

“Linked Website” shall mean links from the Stadium Astro Website to third party websites.

“Member” shall mean an E-PASS Account Holder who has completed the requisite information required for the relevant services on the Stadium Astro Website including services known as “Geng Stadium Astro” and “Membership” shall be construed accordingly.

“Preview Content” shall mean Stadium Astro Content and selected User Generated Content that has been edited by Digital Five and Posted on the Stadium Astro Website for the viewing and browsing benefit of visitors to the Stadium Astro Website.

“Policy” means the Stadium Astro Privacy Policy

“Post” shall mean to publish, display, submit and/or upload.

“Stadium Astro Content” shall mean  all the content managed and/or provided by Digital Five and/or its content providers which includes without limitation  all forms of text, graphics, video, audio , files, data, images, photographs, software, pictures, logos, video clips, video streaming, news, live feeds and information on demand content and User Generated Content made available on or through the Stadium Astro Website.

“Stadium Astro Mobile Download Service” means a selection of mobile downloads via the Stadium Astro Website and/or the Stadium Astro Services including without limitation, messages, files, data, images, photographs, software, ring tones, pictures, logos and other materials that may be downloaded to a mobile phone.

“Stadium Astro Profile” means a Member’s personal information entered specifically for services on the Stadium Astro Website provisionally entitled “Geng Stadium Astro” which comprises of “Private” and “Public” profile information as detailed out in Section 7.9(a) below.

“Stadium Astro Services” shall mean the provision of services such as personal accounts, online tools, premium content subscriptions, exclusive memberships, instant messaging, webcasting, streaming, embeddable players, mobile download services and other services created by Digital Five from time to time.

“Stadium Astro Website” shall mean the website owned and/or operated by Digital Five under the URL at www.stadiumastro.com.my containing the Stadium Astro Content and offering Stadium Astro Services.

“Software” means any software used in connection with the Stadium Astro Website developed by or licensed to Digital Five, excluding Embeddable Player.

“Streaming” shall mean a contemporaneous digital transmission of an audiovisual work via the internet from the Stadium Astro Services to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.

“TOU” and “TOU & Notices” means this Terms of Use and Notice for the Stadium Astro Website and Stadium Astro Services managed by Digital Five.

“Us” , “We”, “Ours” means Digital Five Sdn Bhd

“User Generated Content” shall mean contribution (including any text, links, photographs, graphics, video or audio or other data or information) Posted by an E-PASS Holder on the Stadium Astro Website.

“Webmaster Account” means an account maintained in the Stadium Astro Website to allow Digital Five to organize the Stadium Astro Website structure, respond to the mails posted in the Webmaster Account and maintain the Stadium Astro Website up-to-date.

"You" and “Your” shall mean any user of the Stadium Astro Website or Stadium Astro Services.

PERSONAL DATA AND PRIVACY

To learn about how Digital Five collects & protects your personal data, refer to the  Policy. Any non-personal information or material sent to  Digital Five by you will generally NOT be treated as confidential.

1. ELIGIBILITY AND ACCEPTANCE OF TERMS – GENERAL

1.1 The use and access of the Stadium Astro Website is subject to this TOU & Notices. By accessing and using the Stadium Astro Website you agree to be bound by this TOU & Notices, and any notices (which term shall include guidelines and rules) which may be posted by Digital Five on the Stadium Astro Website from time to time.

1.2 You agree that Digital Five may modify and amend this TOU & Notices at any time without notice. You are responsible for regular reviewing of the Digital Five TOU & Notices posted on the Stadium Astro Website. By continuing to use the Stadium Astro Website, you are deemed to have agreed to be bound by any modifications and amendments to this TOU & Notices.

1.3 If you are under the age of eighteen (18), you must seek parental and/or guardian approval before accessing the Stadium Astro Website and/or use the Stadium Astro Services. Digital Five considers it the responsibility of parents and/or guardian to monitor their children use of the Stadium Astro Website and Stadium Astro Services. Use of the Stadium Astro Website and membership in the Stadium Astro Services is void where prohibited. By agreeing to these terms or by using the Stadium Astro Website , you represent and warrant that you have the right, authority and capacity to enter into this agreement comprising the TOU & Notices and to abide by all of the terms and conditions of the TOU & Notices.

1.4 You can access the Stadium Astro Website home page and browse the Stadium Astro Website without disclosing your personal data. The service and links of the Stadium Astro Website may include links to third party websites and are subject to Clause 15 herein.

1.5 Owing to the global nature of the internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and it’s use as set out in this terms and conditions. By submitting your information you consent to these transfers.

2. WEBSITE

2.1 These TOU and Notices, unless stated as applicable to E-PASS Holders and/or Members, apply to all visitors and users of the Stadium Astro Website.

2.2 The Stadium Astro Website may contain links to third party websites that are not owned or controlled by Digital Five. Digital Five has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Digital Five will not and cannot censor or edit the content of any third-party websites. By using the Stadium Astro Website, you expressly relieve Digital Five from any and all liability arising from your use of any third-party websites.

2.3 Accordingly, we encourage you to be aware when you leave the Stadium Astro Website and to read the terms and conditions and privacy policy of each other websites that you visit.

3. REGISTRATION, USE AND SECURITY

3.1 In order to access some features of the Stadium Astro Website, you will have to first register as an E-PASS Account Holder. To register as an E-PASS Account Holder, you must provide the information required in the E-PASS Account registration form. You will need to provide a unique password and user ID upon completing the E-PASS Account registration process. You are responsible for maintaining the confidentiality of the password and user ID, and are fully responsible for all activities that occur under your password or user ID whether or not actually or expressly authorized and/or used by you. You may be required to provide further information and complete registration forms as required to access some or all of the Stadium Astro Services on the Stadium Astro Website.

3.2 Digital Five reserves the right to terminate any dormant E-PASS Account that has not been used for a period of six months or longer.

3.3 Information on the Stadium Astro Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Digital Five may also make improvements and/or changes to the Stadium Astro Website and to the fees and rates for the Stadium Astro Services, at any time without notice.

3.4 You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the E-PASS Account registration form;(b) maintain and promptly update such registration data to keep it accurate, current and complete; and (c) you may never use another’s account without permission. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Digital Five suspects that such information is untrue, inaccurate, not current or incomplete, Digital Five has the right to suspend or terminate your E-PASS Account and refuse any and all current or future use of the Stadium Astro Website (or any part thereof).

3.5 The Stadium Astro Website may not be available to all devices which connect to the internet. You assume all responsibility regarding the end-user equipment and software necessary to access the Stadium Astro Website and assume all risk associated therewith.

3.6 The Stadium Astro Website may not be available to be accessed from all regions and countries of the world. Digital Five reserves the right, in its sole and absolute discretion, to limit or terminate your ability to access the Stadium Astro Website from certain regions or countries, and you assume all risk associated with the accessibility of the Stadium Astro Services or Stadium Astro Website from any given region or country of the world.

3.7 Digital Five reserves the right to limit or prohibit your entry into its Stadium Astro Website in its sole and absolute discretion and shall not be liable for such limitation or prohibition.

3.8 Organizations, companies and/or businesses may not become E-PASS Account Holders or become a registered member of the Stadium Astro Website and should not use the Stadium Astro Website or the Stadium Astro Services for any purpose. In addition, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your User Generated Content or Stadium Astro Profile created under the “Geng Stadium Astro” services or other content uploaded on the Stadium Astro Website for the purposes of extracting such information or other content.

4. USE OF CONTENT

4.1 All information, materials, functions and other content contained on the Stadium Astro Website are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Stadium Astro Website or delete the Stadium Astro Content or features at any time, in any way, for any or no reason.

4.2 Except as we specifically agree in writing, the Stadium AstroContent shall not be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Stadium Astro Website, except that where a Stadium Astro Website is configured to enable the download of particular Stadium Astro Content, you may download one copy of such Stadium Astro Content to a single computer for your personal, non commercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Stadium Astro Content, and (c) do not use the Stadium Astro Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of the Stadium Astro Website is prohibited.

4.3 In the event that we offer downloads of software on a Stadium Astro Website and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, non commercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

5. YOUR CONDUCT - GENERAL USE OF THE STADIUM ASTRO WEBSITE

5.1 You agree to use the Stadium Astro Website only for lawful purposes and in accordance with this TOU & Notices and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Stadium Astro Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Stadium Astro Website.

5.2 You agree to (a) notify Digital Five immediately of any unauthorised use or any other breach of security, and (b) ensure that you exit from your E-PASS Account at the end of each session. Digital Five cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

5.3 Your E-PASS Account is not transferable and may not be assigned to any third party. The Stadium Astro Website is provided to you for internal, personal use by you only. You may not allow any other person to: (a) resell, timeshare, sublicense, or otherwise transfer all or any portion of the Stadium Astro Website to any other party; or (b) make commercial use of the Stadium Astro Website without the express written consent of Digital Five.

5.4 You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through the Stadium Astro Services. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding on-line communication in the country in which you reside.

5.5 You may not use the Stadium Astro Website in any manner that could damage, disable, overburden, or impair the Stadium Astro Website (or the network(s) connected to the Stadium Astro Websites of Digital Five or interfere with any other party's use and enjoyment of the Stadium Astro Services. You may not attempt to gain unauthorized access to the Stadium Astro Website and other E-PASS Accounts, computer systems or networks connected to the Stadium Astro Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Stadium Astro Website.

5.6 You agree to be responsible for payment of all applicable charges incurred as a result of your use of the Stadium Astro Services, including but not limited to the use or misuse by an unauthorised third party, or any error, accidental use or loss.

5.7 You agree not to distribute in any medium any part of the Stadium Astro Website, including but not limited to User Generated Content , without Digital Five’s prior written authorization.

5.8 You agree not to alter or modify any part of the Stadium Astro Website, including but not limited to the embedded player or any of its related technologies.

5.9 You agree not to access the User Generated Content or Stadium Astro Content through any technology or means other than the embeddable player or other explicitly authorized means Digital Five may designate.

5.10 You agree not to use the Stadium Astro Website, including the embeddable player for any commercial use without prior written authorization of Digital Five.

5.11 Digital Five reserves the right to discontinue any aspect of the Stadium Astro Website at any time.

6. YOUR USE OF CONTENT ON THE SITE

6.1 In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Stadium Astro Website.

6.2 The Stadium Astro Content, except all User Generated Content, including without limitation, the text, software, scripts, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Digital Five, subject to copyright and other intellectual property rights under the law. The Stadium Astro Content is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent of the respective owners save and except as expressly authorized by Digital Five. Digital Five reserves all rights not expressly granted in and to the Stadium Astro Website and the Stadium Astro Content.

6.3 You may access certain Stadium Astro Content including the Preview Content only in a manner and subject to conditions as stated under this TOU & Notices. As a non-Member, you may not access any User Generated Content, except in so far as it is made available as part of the Preview Content by Digital Five.

6.4 You agree not to engage in the use, copying, or distribution of any or all of the Stadium Astro Content other than expressly permitted herein, including any use, copying, or distribution of any part of the Stadium Astro Content for any commercial purposes.

6.5 You agree that when using the Stadium Astro Website, you may be exposed to User Generated Content from a variety of sources, and that Digital Five is not responsible for the accuracy, usefulness, safety, protection or integrity of or intellectual property rights relating to such User Generated Content. You further understand and acknowledge that you may be exposed to User Generated Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have to may have against Digital Five with respect thereto, and agree to indemnify and hold Digital Five, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Stadium Astro Website.

7. YOUR USER GENERATED CONTENT AND CONDUCT

7.1 As a Member, you may have access to the User Generated Content but such access shall be solely: for your information and personal use;as intended through the normal functionality of the Stadium Astro Services for Streaming. Accessing audiovisual works in the User Generated Content comprising of for any purposes or in any manner other than Streaming is expressly prohibited. The audiovisual works are made available “as is”.

7.2 User Generated Content are made available to you for your information and personal use solely as intended through the normal functionality of the Stadium Astro Services. User Generated Content are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Stadium Astro Services or otherwise as prohibited under this TOU & Notices.

7.3 As a Member, you may be invited to Post any User Generated Content on or to the Stadium Astro Website (including on or to your profile) and you agree, by submitting your contribution, to grant Digital Five a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, edit, modify, adapt, publish, translate, create derivate works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full terms of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Policy.

7.4 You also hereby grant each Member of the Stadium Astro Website a non-exclusive license to access your User Generated Content through the Stadium Astro Website, and to use such User Generated Content only as permitted through the functionality of the Stadium Astro Website as detailed in clause 7.1 above only under these TOU & Notices.

7.5 You understand and agree that Digital Five may retain and store, but not display, distribute, or perform, server copies of User Generated Content that have been removed or deleted. The above licenses granted by you to Digital Five in User Generated Content is irrevocable.

7.6 Further to paragraph 7.3 above, by submitting your User Generated Content to the Stadium Astro Website, you

7.6.1 warrant that :
(a) your User Generated Content is your own original work or have the necessary license, rights, consents, and permissions to use and authorize Digital Five to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content to enable inclusion and use of the User Generated Content in the manner contemplated by the Stadium Astro Website and these TOU & Notices and that you have the right to make it available to Digital Five for all the purposes specified above;
(b) your User Generated Content is not defamatory;
(c) you shall be solely responsible for your own User Generated Content and the consequences of Posting or publishing them;
(d) you shall not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post material and to grant Digital Five all of the license rights granted herein;
(e) you shall indemnify Digital Five against all legal fees, damages and other expenses that may be incurred by Digital Five as a result of your breach of the above warranty; and
(f) waive any moral rights in your User Generated Content for the purposes of its submission to and publication on the Stadium Astro Website and the purposes specified above.

7.7 You understand that whether or not such User Generated Content is Posted, Digital Five does not guarantee any confidentiality with respect to any User Generated Content.

7.8 Digital Five does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and Digital Fiveo expressly disclaims any and all liability in connection with User Generated Content. Digital Five does not permit activities which infringe intellectual property rights including copyright on its Stadium Astro Website, and Digital Five will remove all infringing contents and User Generated Content upon notification that such User Generated Content infringes on another’s intellectual property rights. Digital Five further reserves the right to remove Stadium Astro Content and User Generated Content without prior notice.

7.9(a) Stadium Astro Profile : The Stadium Astro Services include an online community feature provisionally entitled “Geng Stadium Astro” which allows Members to connect with people through networks of friends for communicating, sharing, and making new friends and Members can share with others or post to their own member profile, videos, articles or Stadium Astro Content including your User Generated Content that you post on the Stadium Astro Website (BUT NOT User Generated Content belonging to third parties/other Members) from and to third party sites, and/or links to third party sites, through the Stadium Astro Services and which allows Members to determine who may view their profile. These levels are: "Private, and "Public." As a Member, you may choose to allow your Stadium AstroProfile to be viewed by any visitor of the Stadium Astro Website and such access is categorised as "public." You should be aware that anyone who accesses the Stadium Astro Website, whether or not they are a Member, will be allowed to view all of the information in your public profile. Your public profile will be available to anyone, regardless of the level of access you have chosen for your full Stadium Astro Profile. WHEN CHOOSING THESE OPTIONS, PLEASE CONSIDER CAREFULLY THE LEVEL OF ACCESS YOU WISH TO ALLOW TO YOUR STADIUM ASTRO PROFILE, AS WELL AS WHETHER YOU WANT YOUR FULL NAME TO BE AVAILABLE TO THE GENERAL PUBLIC.

(i) Public Profile Information.
Regardless of what personal information you choose to include in your Stadium Astro profile, or what level of sharing of your profile you choose, certain information about every Stadium Astro Member will be included in that Member's "public profile." A Member's public profile is an abbreviated version of the Member's regular Stadium Astro profile, containing the information listed below, which will be available to any user of the Stadium Astro Website, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each individual Member's public profile includes the following information about the Member:

• Name (first, or first and last, depending on which option the Member chooses)
• Username (the name that the user chooses to be identified as in Member-related pages and articles)
• Gender
• Age
• Marital Status (or the Member's other response to this category of the Stadium Astro profile)
• People the Member is interested in meeting (e.g., "Dating Men," "Dating Women," "Friends," etc.)
• Location
• Hometown
• "Member Since" date
• The URL of the Member's Stadium Astro profile
• Networks (a list of social networking sites which includes without limitation Friendster, Facebook and MySpace that user belong to with click-through links to these profile pages)
• Friends (list of Stadium Astro-member friends with click-through links to their pages)
• Photos (thumbnail list of Stadium Astro photos gathered from within the Stadium Astro site that user has saved from)
• News (list of news or gossip articles from the Stadium Astro site that user has saved from)
• Comments (list of user’s own comments to parts of Stadium Astro articles in which user has contributed to)
• Messages (text messages from other Stadium Astro friends and members) 

(ii) Private Profile Information
On top of the public profile information, every Stadium Astro member will be given access to a Private Profile page. This is accessible only by the Member. He/she will need to log into the Stadium Astro membership system (via E-PASS) to access this information. Each individual Member's private profile includes the following additional information about the Member:

• User’s Malaysian NRIC number
• Date of Birth
• Mobile Phone Number
• Username
• Password
• Email address

(b) Removal of Content. You understand and agree that we may review and delete any User Generated Content that you include in your profile, or otherwise Post on any area of the Website (which may include deleting your entire profile) at any time without notice and for any reason, and/or that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal, or (3) might violate the rights of, harm, or threaten the safety of any other Member.

(c) Member Identities. Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or another individual who is not you.
 
(d) Prohibited User Generated Content. Below is a partial list of the kind of User Generated Content that is illegal or prohibited on the Stadium Astro Website. Posting of any of this User Generated Content by you may, in our sole discretion, result in termination of your membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Stadium Astro Website and reporting such violators to the appropriate legal authorities. Prohibited User Generated Content includes, but is not limited to, User Generated Content which, in our sole judgment:

• is patently offensive to the online community, such as Stadium Astro Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;
• includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous;
• constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images, or video, or links to pirated music, image, or video files, or (4) Stadium Astro Content which otherwise violates the terms of Section 7.9 above;
• displays pornographic or sexually explicit material of any kind;
• includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• solicits passwords or personally identifying information for commercial or unlawful purposes from other Members;
• constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, or advertising; or
• solicits people you don't know to add you or accept you as a friend on the Service.
• solicits and engages in political discussions

Even though all of the above User Generated Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the Stadium Astro Website or the Stadium Astro Services. If so, neither we, nor any of our officers, directors, employees,affiliates shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Please see Section 12 below for further limitations on our liability.


(e) Further Restrictions on Your Use of the Website and the Service.

• You must use the Stadium Astro Website and the Stadium Astro Services in a manner consistent with any and all applicable laws and regulations.
• Although Digital Five cannot monitor the conduct of its Members off the Stadium Astro Website, it is a violation of this TOU & Notices to use any information obtained from the Stadium Astro Services or the Stadium Astro Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member and Digital Five. In order to protect our Members from such conduct, we reserve the right to restrict the number of e-mails or other communications which a Member may send to other Members at any time and in our sole discretion.

(f) Copyright Protection Policy. If you believe that your work has been copied and Posted on the Stadium Astro Website without your permission or in any other way that constitutes copyright infringement or if you have any form of complaint or grievances in relation to the User Generated Content Posted on the Stadium Astro Website, please write in to the Webmaster Account.

(g) Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members, and to take any action that we feel may be appropriate in our sole discretion, consistent with this TOU & Notices, including the termination of the membership of one or more Members.

8. ACCOUNTS

Some services on the Stadium Astro Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us vide our Webmaster Account of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Stadium Astro Website. In addition, you agree to exit from your account at the end of each session.

9. ACCOUNT TERMINATION/ACCESS RESTRICTION

9.1 Without limiting anything herein contained, Digital Five reserves the right to suspend or terminate the Stadium Astro Website, your Membership and/or your use of the E-PASS Account at any time without notice and for any reason.

9.2 In addition to any termination rights Digital Five may have under this TOU & Notices, Digital Five may suspend or terminate your E-PASS Account, Membership and/or access to the Stadium Astro Website without notice and in its sole discretion if:

9.3 Digital Five, shallin its sole and absolute discretion ceases to offer any free, trial, or promotional services, but such termination or suspension shall solely relate to such services; or

9.4 for inactivity, which is defined as failing to log into your E-PASS Account for an extended period of time, as specified in Section 3.2 above.

9.5 Digital Five suspects fraudulent use (Fraudulent use of an account may include but is not limited to: (a) permitting access to your user ID and password to third parties, or (b) entering invalid or apparently invalid user information for your E-PASS Account, or (c) attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-trial-per-user limitation) of the Stadium Astro Website and/or your E-PASS Account; or violations occur other than for copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.

9.6 You materially violate this TOU & Notices or any notice posted from time to time on the Stadium Astro Website, any applicable law, rule or regulation relating to the use of the Stadium Astro Services; or

9.7 Any law, regulation, or governmental action renders all or any portion of the Stadium Astro Website(or your use of the Stadium Astro Services) unlawful or impracticable; or

9.8 Your use of your E-PASS Account or the Stadium Astro Website impairs or threatens to impair the integrity or functionality of Digital Five network in any manner; or

9.9 If Digital Five believes that you have violated or acted inconsistently with the letter or spirit of this TOU & Notices.

9.10 You agree that Digital Five shall not be liable to you or any third-party for any termination of your access to the Stadium Astro Website, your E-PASS Account and/or Membership.

9.11 Digital Five may remove such User Generated Content and/or suspend and/or terminate a Member’s access for uploading such material in violation of these TOU & Notices at any time, without prior notice in its sole discretion.

9.12 You may terminate and close your E-Pass Account by e-mailing to the Webmaster Account and expressly state that you wish to terminate your E-PASS Account.

10. PUBLIC FORUMS AND COMMUNICATION

10.1 "Public Forum" means an area, site or feature offered as part of any Stadium Astro Website that offers the opportunity for users to distribute submissions for viewing by one or more Stadium Astro Website users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails).

10.2 You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regards to any submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

10.3 You are and shall remain solely responsible for the submissions you distribute on or through the Stadium Astro Website and for the consequences of submitting and Posting the same. As we have no duty to monitor any comments, information, data or message Posted at the Public Forum, we will not have control on the information Posted at the Public Forum.

10.4 Also, you should be sceptical about information provided by others, and you acknowledge that the use of any submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

10.5 We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify, edit or otherwise use or take any action with respect to submissions you distribute in the Public Forum.

11. CONTENT ACCESSIBLE THROUGH LINKS FROM STADIUM ASTRO WEBSITE AND SEARCH RESULTS

11.1 You should be aware that when you are on the Stadium Astro Website, there are links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Stadium Astro Website or third-party content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

11.2 Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

12. DISCLAIMER & LIMITATION OF LIABILITY

12.1 Digital Five makes no warranty that the Stadium Astro Website will meet your requirement or that the Stadium Astro Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the Stadium Astro Website or your E-PASS Account are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Stadium Astro Website for the reconstruction of any lost data. All use of the Stadium Astro Website is at your own risk and you are solely responsible for all damages resulting therefrom.

12.2 WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE STADIUM ASTRO WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE STADIUM ASTRO WEBSITE OR THE SERVICE, ANY USER GENERATED CONTENT (POSTED ON THE STADIUM ASTRO WEBSITE) OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE STADIUM ASTRO WEBSITE, WHETHER ONLINE OR OFFLINE.

12.3 We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any Stadium Astro Website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Stadium Astro Website, any Member, or any other person related to or resulting from use of the Stadium Astro Website, viewing, playing or downloading any materials on or from the Stadium Astro Website, or otherwise in any way in connection with the Stadium Astro Services. The Stadium Astro Website and the Stadium Astro Services are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Stadium Astro Website or the Stadium Astro Services. No advice or information, whether oral or written, obtained by you from us, or from or through the Stadium Astro Website or the Stadium Astro Services shall create any warranty not expressly stated herein.

12.4 To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Digital Five and or its affiliates, group of companies within the Astro Group be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if Digital Five has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use the Stadium Astro Website any changes to the Stadium Astro Website and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Stadium Astro Website or arising in connection with the fraudulent or unlawful acts of any third party.

12.5 You specifically agree that Digital Five is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.

12.6 If you are dissatisfied with the Stadium Astro Website, the materials available on or through the Stadium Astro Services, Stadium Astro Website or with the provisions of this TOU & Notices, you agree that your sole and exclusive remedy is to discontinue using Stadium Astro Website or any of Digital Five’s other products and services.

12.7 Digital Five will take reasonable measures to maintain the privacy and security of all private information provided by you to the Stadium Astro Website, but third parties (such as hackers) may breach or attempt to breach Digital Five's security measures or may gain unauthorized access to the Digital Five database or other equipment containing your information. You agree that Digital Five shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of the Stadium Astro Website or any other company equipment or user information.

12.8 The Stadium Astro Website is controlled and offered by Digital Five from its facilities in Malaysia. Digital Five makes no representation that the Stadium Astro Website is appropriate or available for use in other locations. Those who access or use the Stadium Astro Website from other jurisdictions do so at their own violation and are responsible for compliance with local law of such country.

13. AMENDMENT

At any time, Digital Five may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If Digital Five makes such material amendment to these TOU & Notices, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Stadium Astro Website covered by these terms of use. Any such amendment to these terms of use will be effective from the date of posting of notice of such changes on the Stadium Astro Website.

14. INDEMNITY

14.1 ou agree to indemnify, defend and hold Digital Five, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Stadium Astro Services and Stadium Astro Website harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from (a) your use of or conduct or access to and on the Stadium Astro Website; (b) your violation of any term of this TOU & Notice; (c) your violation of any third party right, including without limitation any copyright, property or privacy rights; or (iv) any claim that one of your User Generated Content caused damage to a third party. This indemnification obligation will survive these TOU & Notices and your use of the Stadium Astro Website.

14.2 The provisions of this paragraph are for the benefit of Astro and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Stadium Astro Website. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

15. LINKS TO THIRD PARTY SITES

15.1 The Stadium Astro Website may contain Linked Websites and include advertisements. You agree that Linked Websites and advertisements are necessary for Digital Five to provide the Stadium Astro Services. Such links and advertisements are provided to you only as a convenience. Digital Five shall not be responsible if the Linked Website is not working appropriately. Digital Five has no control over such websites and resources and shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and does not endorse any content, advertising, products, or other materials on or available from such websites or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature.

15.2 Any dealings with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that Digital Five shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. Digital Five has no responsibility or liability for any merchant or your relationship with such merchant.

16. DISCLOSURE AND CONFIDENTIALITY

16.1 Digital Five reserves the right to disclose any personal information about you or your use of the Stadium Astro Services and without your prior permission if Digital Five in good faith, believes that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Digital Five or its holding or affiliated company; (3) enforce this TOU; or (4) act to protect the interests of its members or others.

16.2 Any non-personal information or material sent to Digital Five by you will generally NOT be treated as confidential..

16.3 For further details on use and disclosure of your personal information please see our Privacy Policy.

17. PROPRIETARY RIGHTS

COPYRIGHT

17.1 Stadium Astro Content found on the Stadium Astro Website are protected by trademark, copyright, or other intellectual property laws and international treaties. Any unlawful use of the Stadium Astro Website and Stadium Astro Content found on the Stadium Astro Website is strictly prohibited, without without Digital Five’s express and prior written consent. You agree that the Stadium Astro Content and Stadium Astro Services is intended only for personal viewing and that any reproduction or redistribution or recording of any from or format of the Stadium Astro Services, and Stadium Astro Content or any part thereof whether for commercial reasons or otherwise, is strictly prohibited by this TOU , and may result in severe civil and criminal penalties.

17.2 Further to paragraph 17.1 above, Astro owns and retains all proprietary rights in the Stadium Astro Website and Stadium Astro Services. The Stadium Astro Website contains certain copyrighted material, including links and compilations of individual date, trademarks, and other proprietary information of Digital Five, our Members, and our licensors and you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary materials or information without our express written consent in each case.

17.3 Elements of the Stadium Astro Website, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

17.4 No logo, graphic, sound or image from this Stadium Astro Website may be copied or retransmitted unless expressly permitted by Digital Five.

GRANT OF LICENSE AND RESTRICTIONS.

17.5 You acknowledge and agree that the Stadium Astro Website and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Digital Five reserves all rights not expressly granted herein, including without limitation ownership and proprietary rights.

17.6 The Software is made available for downloading solely for use by you for your individual, non transferable, non-exclusive and non-commercial use, in connection with the Stadium Astro Services. The Software is made available solely for use by you in accordance with the terms of this TOU and the terms of applicable Licence Agreement which accompanies or is included with the Software. You may not install or use any part of the Software unless you first agree to the terms of this TOU and any License Agreement.

17.7 The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.

17.8 You may not copy the Software to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Software, except insofar as such restriction is prohibited by law..

17.9 Any reproduction or redistribution of the Software not in accordance with this TOU & Notices and any License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

17.10 The Software is provided "as is," and Digital Five hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

TRADEMARKS AND THIRD PARTY MATERIALS.

17.11 Digital Five reserves all rights in its corporate names, service marks, logos, trade names, trademarks, Stadium Astro Website and domain names (collectively "Marks") and nothing in this TOU grants you the license to use such Marks. Additionally, other marks which appear on this Stadium Astro Website may be marks of third parties that are not affiliated with Digital Five. Digital Five doesnot control or endorse the content of third party websites.

18. STADIUM ASTRO MOBILE DOWNLOAD SERVICE

18.1 From time to time, Digital Five may provide you with the Stadium Astro Mobile Download Service.

18.2 You agree that you will be subject to an additional premium short messaging services (“SMS”) charge for any mobile downloads. Such charges shall be made known to you on the Stadium Astro Mobile Download Service from time to time.

18.3 The charges stipulated in clause 18.2 will be in addition to the standard fee charged by your mobile phone operator.

18.4 Digital Five will not be responsible or liable for any problem, loss or damage of whatsoever nature suffered by you due to any delay and/or failure in receiving and sending a SMS/MMS as a result of any network, communication or system error, interruption and/or failure experienced by the participating mobile phone operators and/or by Digital Five and/or resulting from participation or the downloading of any materials from the Stadium Astro Mobile Download Service.

18.5 You agree that for the mobile downloads to be downloaded successfully to your mobile phone, your mobile phone must be compatible with and supports the downloaded item. Mobile phone compatibility information is provided on the Stadium Astro Mobile Download Service, you are advised to read carefully before downloading any item. Digital Five shall not be liable should you attempt to download an item onto an incompatible mobile phone and you agree that the charges stated in clause 18.2 above shall still apply under such circumstances.

18.6 If you are under the age of eighteen (18), you must seek parental and/or guardian approval before downloading the mobile downloads from the Stadium Astro Mobile Download Service. Digital Five considers it the responsibility of parents and/or guardian to monitor their children(s) use of the Stadium Astro Mobile Download Service.


19. GENERAL

19.1 This TOU & Notices are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and Digital Five regarding this TOU & Notices will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defences to jurisdiction. You agree that the Stadium Astro Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by Digital Five in and from Malaysia.

19.2 This TOU & Notices contain the entire understanding between the parties hereto with respect to the Stadium Astro Website, and supersedes all previous oral or written agreements or understandings between you and Digital Five, and no advice or information, whether oral or written, obtained by you from this Stadium Astro Website (whether before or after the date you accept this TOU& Notices) shall create any obligation or warranty on the part of Digital Five not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by Digital Five, third-party content, third party website or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TOU & Notices.

19.3 Digital Five's performance of this TOU & Notices is subject to existing laws and legal process, and nothing contained in this TOU & Notices is in derogation of Digital Five's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Stadium Astro Website or information provided to or gathered by Digital Five with respect to such use.

19.4 If any provision of this TOU & Notices is held invalid, the remainder of this TOU & Notices will continue in full force and effect, and if any provision(s) of the TOU & Notices is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This TOU & Notices shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU & Notices and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.

19.5 Digital Five's failure to insist upon or enforce strict performance of any provision of this TOU & Notices shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by Digital Five in writing.

19.6 Notices to you shall not be modified, except by an express modification by Digital Five as described herein and may be made via either email or regular mail or by displaying notices or links to notices to you generally on the Stadium Astro Website.

19.7 You may not assert any claim against Digital Five in connection with the Stadium Astro Website unless you have given Digital Five written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim. You agree that any cause of action arising out of or related to the Stadium Astro Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

19.8 Digital Five may assign its rights and duties under this TOU to any party at any time without notice to you and this TOU shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.

19.9 In the event that these TOU are 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.

19.10 Should you have any questions concerning this TOU or this Stadium Astro Website, please contact us at webmaster@stadiumastro.com.my.