TERMS OF USE
 
Universe Digital Library
User Agreements

 

We have two User Agreements. Our Terms and Conditions of Use apply to users of our Web site who do not subscribe to our online research service. Our Subscriber Agreements apply to those users who do subscribe to or register with our online research service. We have two Subscriber Agreements - one for subscribers residing in the Malaysia (including territories of the Malaysia), and one for subscribers residing in all other countries. The Subscriber Agreement applicable to you depends on where you reside.

 

TERMS AND CONDITIONS OF USE
(Last Updated: 2015)

 

NOTICE TO USER: The following specifies the terms and conditions on which Universe Digital Library offers you access to our Web site. You agree to these terms and conditions by using this site. Please read these terms carefully before using this site.

 

1. Welcome to the Universe Digital Library Website!

The Universe Digital Library Web site is provided by Universe Universe Digital Library Sdn. Bhd. ("Universe Digital Library"). Our address is Block 6-11-1, Jalan Jalil Perkasa 14, Aked Esplanad, Bukit Jalil, 57000 Kuala Lumpur, Malaysia. You (also referred to as "User") may contact us through our Contact Us Web page.

 

2. Acceptance of Terms and Conditions Through Use

By using this site, you signify your agreement to all of the terms, conditions, and notices contained or referenced herein ("Terms and Conditions"). Universe Digital Library reserves the right to update or revise the Terms and Conditions at any time. Arbitration and Dispute Resolution cannot be changed to eliminate our agreement to settle any claim or controversy exclusively by arbitration. Your continued use of the site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

 

3. Privacy

Please review our Privacy Policy which applies to your use of this site and is part of these Terms and Conditions.

 

4. Permitted Use

You may use the Universe Digital Library Website for your personal or academic research activities. Any other use, including the reproduction, modification, distribution, transmission, republication, display, performance, rehosting, tampering, framing, or embedding of this site or its content or tools, or any commercial use whatsoever of this Website or its content or its tools, is strictly prohibited without our prior written consent.

 

5. Restrictions on Use

You agree to use this site for lawful purposes only. You agree not to post or transmit through our site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violate any law.

You agree not to upload, post, or otherwise make available on this site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right - the burden of determining that any material is not protected by copyright rests with you.

You agree not to post or transmit through our site any material that contains advertising or any solicitation with respect to products or services without Universe Digital Library’s prior written consent. Further, you agree not to use this site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other online information services.

You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials downloaded from or made available through our Website. You agree not to use programs, scripts, code or other available methods to download or view multiple pages of content on Universe Digital Library in an automated fashion. Should your account generate an excessive number of page hits in a given period, your account may be automatically frozen and will be subject to review. You agree not to save the content available on Universe Digital Library on your hard drive or other storage device for viewing offline unless you have purchased the right to do so through Universe Digital Library or Universe Digital Library has otherwise given you permission to do so. You understand that such actions may subject you to serious civil and criminal legal penalties and that Universe Digital Library may pursue such penalties to the full extent of the law to protect its rights and the rights of publishers, authors, and its other licensors.

For persons living outside the Malaysia, notwithstanding the foregoing, if the laws of your jurisdiction clearly and specifically give you the right to decompile code, contents or materials to obtain information necessary to render such information interoperable with other software, you may be able to do so provided, however, that you must first request such information from Universe Digital Library (see our Contact Us Web page) and Universe Digital Library may, in its sole discretion, provide such information to you or impose reasonable restrictions, including a reasonable fee, on such use of this site, to ensure that Universe Digital Library and its licensors' proprietary rights in the service are protected.

 

6. Plagiarism and Commercial Use Prohibited

You agree not to misuse our website to plagiarize or represent the work of others as your own. You may not make any commercial use of this website, including charging others for access or selling collections of material gathered from our site. You are not permitted to copy any portion of our site for distribution to others other than in the normal course of your personal or academic research.

 

7. Trademarks, Copyrights and Other Intellectual Property Rights

You acknowledge and agree that all content and services available on this site are property of Universe Digital Library Sdn. Bhd., and its licensors and suppliers and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, software and other proprietary rights and laws, in the Malaysia and internationally. Universe Digital Library is a service mark of Universe Digital Library Sdn. Bhd. and its affiliates.

 

8. Third Party Content and Links to Third Party Sites

Universe Digital Library is a secondary provider (and not a publisher) of content supplied by third parties (Licensors). Accordingly, Universe Digital Library has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice or statements contained within the content available through our site are those of the respective author(s) or publisher(s) and not of Universe Digital Library. Universe Digital Library neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement contained in the content available through our Web site.

Third party sites linked to or from our Web site are not controlled by us. We are not responsible for the contents or privacy policy of any linked site. We provide the links only as a convenience and the inclusion of a linked site does not imply endorsement of the site by us.

 

9. Monitoring

Universe Digital Library has no obligation to monitor content posted by users of the site, but reserves the right to monitor your behavior so as to determine your compliance with the Terms and Conditions. In addition, we may monitor user behavior to satisfy any law, regulation, or authorized government request.

Universe Digital Library reserves the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on this site. Without limiting the foregoing, Universe Digital Library shall also have the right to remove any material that we determine is in violation of the provisions hereof or otherwise objectionable.

 

10. Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Universe Digital Library, ITS AFFILIATES OR PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SITE.

THIS SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL Universe Digital Library, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Universe Digital Library’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Universe Digital Library IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

11. Arbitration and Dispute Resolution

BY USING THIS SITE, YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, OR BREACH THEREOF SHALL BE EXCLUSIVELY SETTLED BY ARBITRATION IN KUALA LUMPUR AND ADMINISTERED BY THE KUALA LUMPUR REGIONAL CENTRE FOR ARBITRATION UNDER ITS COMMERCIAL ARBITRATION RULES. YOU AGREE THAT ANY CLAIM YOU MAKE MUST BE BROUGHT BY YOU INDIVIDUALLY, AND CAN NOT BE COMBINED OR AGGREGATED WITH THE CLAIMS OF OTHERS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL, BINDING, AND NON-APPEALABLE, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR(S) SHALL REQUIRE THE NON-PREVAILING PARTY TO PAY ALL FEES AND COSTS OF THE ARBITRATION.

 

12. Indemnification

You agree to defend, indemnify and hold harmless Universe Digital Library , its affiliates and partners and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of this site.

 

13. Miscellaneous

You agree that the laws of the state of Malaysia, without regard to principles of conflict of laws, will govern the terms of this Agreement and any dispute or claim of any sort that might arise between you and Universe Digital Library or its affiliates. You further agree that any controversy or claim that may arise between us shall be resolved in Malaysia.

YOU AGREE THAT THE TERMS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, TO THE EXTENT APPLICABLE, IF AT ALL, SHALL NOT APPLY TO THIS AGREEMENT.

If any terms of this Agreement are deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms of this Agreement.

No waiver by Universe Digital Library of any violation of this Agreement shall be deemed to be a waiver of any preceding or subsequent violation.

The section headings used herein are for convenience only and shall not be given any legal import.


14. Copyright Notice and Complaint Procedure

Universe Digital Library respects the intellectual property rights of all individuals, businesses, and organizations. Before we make any content available to our users, we investigate the legal status of that material and obtain what our investigations indicate are the necessary copyrights. If you believe that your copyrighted work is accessible on this site in a way that constitutes copyright infringement, please follow our Copyright Notice and Complaint Procedure.


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