1. INTRODUCTION
Welcome to debuggingminds.com (the “Website“). The Website is owned and operated by Debugging Minds. (“DM“, “us” or “we“).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you agree to be bound by these Terms of Use. You may not use this Website if you do not agree to these Terms of Use. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.
This agreement is in effect as of 1 November 2017.
We may revise this Agreement from time to time without notice. You should visit this page periodically to review this Agreement.
2. PRIVACY
Our privacy policy is included under the scope of this User Agreement. Our Privacy Policy can be read in its entirety here.
3. RESTRICTIONS OF USE; LIMITED LICENSE
All content contained on the Website (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, are protected under Malaysian and foreign copyright or other laws and are owned by Debugging Minds.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark”) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you (i) keep intact all copyright, trademark and other proprietary rights notices; (ii) do not modify any of the Content; (iii) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (iv) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
4. THIRD-PARTY CONTENT
You should be aware that when you visit the Website, you could be directed to other sites beyond our control including links to or from other sites may or may not use our Marks. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of DM. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In some instances, the content available through DM represents the opinions and judgments of the respective third-party information provider or user, and not of us.
We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the website (including, without limitation, user-generated content), on third party sites, and any information, content and materials you provide to or through any such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.
5. USE AND PROTECTION OF PASSWORD AND ID
DM will assign a password and account ID to you so you can access and use certain areas of the Website. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Website, and DM shall have no obligation to investigate the authorization or source of any such access or use.
You acknowledge and agree that as between you and DM, you will be solely responsible for all access to and use of the website by anyone using the password and ID assigned to you whether or not such access to and use of the website is actually authorized by you, including all communications and transmissions and all obligations (including financial obligations for purchases through the website) that may result from such access or use.
You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify DM of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.
DM may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.
6. SYSTEM REQUIREMENTS
Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). DM may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.
Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to DM.
7. USER-GENERATED CONTENT
The following is our User-Generated Content License: You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right, but not the obligation, to remove or edit any such content, but we do not regularly review posted content.
Please do not send us any material that you do not intend to be subject to the User-Generated Content License described herein. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License”). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.
You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.
8. NO PROFESSIONAL ADVICE
The information contained in or made available through the Website (including but not limited to information contained on message boards, in text files, or in blogs) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor or medical professional in all matters relating to physical or mental health, particularly concerning any symptoms that may require in-person diagnosis or medical attention. We and our licensors, partners, content providers, experts and suppliers make no representations or warranties concerning any product, treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Website. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Website, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
9. DISCLAIMER OF WARRANTIES
The content on the website is provided on an “as is” basis and without warranty of any kind, expressed or implied.
By accessing and using this website you acknowledge and agree that use of this website and the content is entirely at your own risk.
DM makes no representations nor warranties regarding this website and the content, including, without limitation, no representation or warranty that (i) the operation of this website will be uninterrupted or error free; (ii) any content, including, without limitation, any information, data, product or service contained in or made available through this website will be of merchantable quality or fit for a particular purpose; (iii) defects or errors in this website will be corrected; (iv) this website will be free from viruses or harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software; (v) communications to or from these websites will be secure or not intercepted.
10. LIMITATIONS OF LIABILITY
Under no circumstances shall we be liable to you or anyone else for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the use of, or any inability to use, the website or any content (resources) or functions thereof; or (ii) any act or omission, online or offline, of any user of the website or anyone else, even if we have been advised of the possibility of such damages.
Neither we nor any of our officers, directors, owners, employees, agents, licensors, managers, representatives and assigns be responsible or liable for data loss or corruption, cancellation, loss of access, delay, failure or downtime you may experience with any transmission or transaction related to the website.
The limitations, exclusions and disclaimers herein and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.
Applicable law may not allow certain of the exclusions, limitations, or disclaimers of liability set forth in these terms of use, so such exclusions, limitations or disclaimers may not apply to you.
11. INDEMNIFICATION
Each user agrees to indemnify, defend and hold harmless DM and our officers, directors, owners, employees, agents, licensors, managers, representatives and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the DM website content or other content to which the DM website is or may be linked to from time to time; and/or (iii) your use of, reliance on, publication, communication or distribution, products, services, uploading or downloading of anything on or from the DM website.
12. COPYRIGHT CLAIMS
We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please send us in writing the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located on the Website
- Your address, telephone number, and e-mail address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
You can reach to us for the notice of claims of copyright infringement on the Website as follows:
Via email: debuggingminds@gmail.com
Message Subject: Notice of Copyright Infringement
13. GOVERNING LAW
This website (excluding linked websites) are controlled by DM in Malaysia. By accessing or using this website, you agree that all matters relating to your access to, or use of, this website shall be governed by the laws of Malaysia. These terms and conditions are to be read in conjunction with our Privacy Policy.
14. MISCELLANEOUS
You should note that information sent or received over the Internet is generally unsecure and DM cannot and does not make any representation or warranty concerning security of any communication to or from this website or any representation or warranty regarding the interception by third parties of personal or other information.
DM may collect personal information about users. Any personal information (e.g., name, e-mail address, telephone numbers or otherwise) provided by such users may be used by DM or the Companies as they may determine, without any compensation or consideration to the user. Further, by a user submitting content to the Website, including but not limited to stories, testimonials, photos, audio, video, and other information which may include the user name, photos, text, or otherwise, such user or provider grants DM the right and permission to review, edit, use and categorize such content provided in any manner we deem appropriate. DM shall have no obligation to return or use such content provided.
