Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS OF USE APPLY TO THE USE OF THE TAILS OF AE’TANN WEBSITE.
1.1 This website (the “Website”) provides you with information about the Tails of Ae’tann™, a fictional fantasy universe with multi-platform works including but not limited to literary, artistic, animation and computer gaming and educational works. The Tails of Ae’tann™ and its associated rights are owned by The Five-A Alliance Limited (5A). This website is owned and operated by Imaginaria Innovations Sdn Bhd (Imaginaria) under the terms of a license granted non-exclusively by 5A. (Imaginaria is hereby referred to as “our”, “us” or “we”).
2. USE OF THE WEBSITE
2.1 You hereby represent that you are at least the age of majority in your state or province of residence, or that you have given your consent to allow any minor dependents to use the Website.
2.2 You must not use the Website in any way that causes, or may cause, damage to the Website or impair the availability or accessibility to the Website.
2.3 You must not use the Website in any way which is contrary to applicable laws and regulations, or in any way that causes, or my cause, harm to the Website, or to any person or business entity.
2.4 In consideration of your acceptance and compliance of the Terms, we grant you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to access, view and download the content and information on the Website, for your personal and non-commercial use only. You may view, download and print pages from the Website for your own use, subject to the restrictions set out below and elsewhere in these terms and conditions.
3.1 You are expressly restricted from carrying out the following:-
i) Publishing the Website material in any media;
ii) Selling, sublicensing and/or otherwise commercializing any of the Website material;
iii) Publicly performing and/or showing any of the Website material;
iv) Redistribute materials from the Website (except for content specifically and expressly made available for redistribution);
v) Reproduce, duplicate, copy or otherwise modify any material on the Website
vii) Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Website, or while using the Website;
viii) Using the Website to engage in any advertising or marketing activities
ix) Cause harm to the Website (distribution of viruses or other technologies that may cause harm), cause interference or disruption to our systems, attempt to gain unauthorised access to the Website
4. ONLINE STORE
4.1 You hereby understand that your information (with the exception of your credit card information) may be transferred unencrypted, and involve:-
(i) transmissions over various networks
(ii) changes to adapt and match the technical requirements of networks and devices
4.2 Your credit card information will always be encrypted during the transfer process.
4.3 The prices on the items offered for sale on the Website may be changed from time to time, and are subject to change without notice.
4.4 Whilst we have utilized our best efforts to ensure accuracy of the colors and images of the items that appear in the online store, we cannot guarantee the accuracy of the colors and images that appear on your display screens.
4.5 We reserve the right to limit the sales of the items in our online store to any person, region or jurisdiction. We also reserve the right to limit the quantity of the products sold in our online store, or that can be sold to each customer.
4.6 In the event we make a change to or cancel an order, we may attempt to you through the contact details that were provided at the time of order.
4.7 Any offer for any product or service made on the Website is void where prohibited.
4.8 We reserve the right to refuse service to anyone for any reason at any time.
4.9 Where there are typographical errors, inaccuracies or omissions relating to the description of items for sale on the Website, or in pricing, promotions, shipping charges, transit times and availability of the items, we reserve the right to correct such errors, inaccuracies or omissions, and to change and/or update the information or cancel orders without prior notice, should it be found that there are inaccuracies in the information on the items for sale on the Website.
4.10 We may offer a number of payment options for purchase of items from our online store. Where third party payment options (including but not limited to options such as PayPal), you hereby agree to be bound by the relevant terms and conditions that are imposed by these payment processors for use of these services.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Unless otherwise stated, 5A owns the intellectual property rights in the Website and material on the Website, and is protected by relevant intellectual property laws. All content is copyrighted and all intellectual property rights are reserved.
5.2 The use of various media elements on the Website is licensed.
5.3 [AE’TANN, AETANN, TAILS OF AE’TANN, A SUNSET STORY and TRUSTHEARTS AND TAILS]™ are trademarks belonging to 5A and has been applied for and/or registered in various jurisdictions.
5.4 Use of any intellectual property rights belonging to 5A is strictly prohibited, and such use may constitute an infringement of its rights.
6. USER COMMENTS AND SUBMISSIONS
6.1 As part of the Website, there are sections that request for comments and submissions from you, which will allow for you to submit materials including but not limited to ideas, comments, suggestions, stories, memories, plans and the like (the “Submissions”).
6.2 Upon your submitting the Submissions, you hereby agree that we may, at any time, without restriction, copy, edit, publish, distribute, translate and otherwise use in any medium, any such Submissions that are sent to us.
6.3 At no point shall we be under any obligation to maintain the confidentiality of the Submissions or to pay any form of compensation for the Submissions.
6.4 You hereby agree that the Submissions will not violate the rights of any third party, including any intellectual property rights, privacy rights, personality rights or any other personal or proprietary right. You also agree that the Submissions will not contain any unlawful or obscene material, and that you will not use a false identity, pretend to be someone else, or to mislead us in any manner or method.
6.5 As part of the submissions process, we will review the Submissions in accordance with our internal guidelines and policies. We may, as part of this process, edit and/or remove content that we, in our sole discretion, determine are unlawful, offensive, defamatory, pornographic, obscene or otherwise in violation with any party’s intellectual property, the Terms, or public morality.
6.6 As part of our policy, we will comply with clear notices of alleged copyright infringement. If anyone wishes to submit a notice of alleged copyright infringement in relation to the Submissions, or to the Website in general, please contact at firstname.lastname@example.org.
8. NO WARRANTIES
8.1 You expressly agree that your use of the Website is at your sole risk. The Website and the items sold on the Website are provided “as is” without any representations or warranties, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
9. LIMITATION OF LIABILITY
9.1 5A and Imaginaria assume no liability nor responsibility whatsoever for any errors or omissions, modifications, price changes or any consequences, damages, costs and/or losses arising from the information contained on the Website and items sold on the Website, and we hereby disclaim all liability in respect of the information provided on the Website and items sold on the Website.
9.2 In no case shall 5A and Imaginaria, our directors, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or any items purchased from the Website, or for any other claim related in any way to your use of the Website or the items purchased from the Website, 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 the Website or the items purchased from the Website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
9.3. We cannot guarantee and shall not be liable to you for the reliability of the online payment processing services that are being utilized for purchase of items from our online store.
10.1 You hereby agree to indemnify 5A and/or Imaginaria and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, harmless from any claim or demand, and undertake to keep 5A and/or Imaginaria indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by 5A and/or Imaginaria to a third party in settlement of a claim or dispute) incurred or suffered by 5A and/or Imaginaria arising out of any breach by you of any provision of the Terms, or arising out of any claim that you have breached any provision of the Terms.
11. BREACH OF TERMS
11.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such as action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing legal proceedings.
12. UNENFORCEABLE PROVISIONS
12.1 Provision(s) of the Website terms and conditions that are found to be unenforceable under applicable law shall not affect the enforceability of the other provisions of the Website terms and conditions.
14.1 We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
14.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations.
15.1 If a provision of these terms and conditions is determined by the court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16.1 Should you breach these terms and conditions and we elect to not take any action against your breach, we are still entitled to exercise our rights at a later date, or in the case of future breaches of these terms and conditions.
17. GOVERNING LAW & JURISDICTION
17.1 These terms and conditions are governed by and construed in accordance with the laws of the country from where this website is being operated, at present Malaysia, without regard to its conflict of laws principles. Any disputes relating to these terms and conditions will be subject to the High Court of Malaya.
18. ENTIRE AGREEMENT