Terms of Service

The following terms and conditions constitute an agreement between you and thelulu.com under in cooperation. ("thelulu.com", "we", or "us"), the operator of thelulu.com (the "Site"). This agreement (the "Terms of Use") governs your use of the Site, both as a casual visitor and as a registered user. The effective date of these Terms of Use is 20/12/2010. BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, and that you consent to resolve in Malaysia any dispute that you may have with us, or the Site. Please note that we offer the Site "AS IS" and without warranties.

About The Site

Everything we offer on the Site is referred to in these Terms of Use collectively as the "Services". Some of what's on the Site is viewable without registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your personal information.

Amendments

We reserve the right to amend these Terms of Service at any time or its policies relating to the Service at any time, as we deem appropriate. We shall notify you by posting an updated version of this Terms of Service. You are responsible for regularly reviewing this Agreement. Continued use of the service after any such changes shall constitute your consent to such changes.

Registration

As part of the registration process, you are required to provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to members ("Credentials").

Information

In order to register, you must also provide certain personal information about yourself. Our Privacy Policy explains the information practices that apply to this and other personal information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully.

Acceptable use

A condition of your use of Our Web Site is that you agree not to use Our site for any purpose that is unlawful or prohibited by these terms and conditions or by other applicable laws or regulations.

You agree:

  • Not to do anything to damage or block Our site or prevent them from functioning. You will not include false or misleading material on Our site, or material that might be false or misleading.
  • You will not enter or allow the infection of any of Our site with any form of virus, worm or tracker.
  • You will not upload or provide links to any pornographic or defamatory material.
  • To indemnify Us for any claim, direct or indirect, on a complete indemnity basis including Our legal costs, whether contributed to by Our own negligence or otherwise, that arises from any breach of copyright or intellectual property rights on material uploaded by you or someone on your behalf.

We reserve the right to edit or remove any material uploaded to Our site at any time at Our absolute discretion.

In addition to any other right hereunder, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use. Even though some of the Services are provided free of charge, the usual and customary charges for any services rendered by collaborating service providers profiled on the Site will apply and will be entirely your responsibility.

Changes to the Services

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by these Terms of Use. You agree that thelulu.com will not be liable to you or any third party for any suspension or discontinuation of any of the Services.

Links to Other Sites

The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

Additional Terms

Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

Disclaimer of Warranties

WE PROVIDE THE SITE AND THE SERVICES ˇ°AS ISˇ±, ˇ°WITH ALL FAULTSˇ± AND ˇ°AS AVAILABLE.ˇ± WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.

General Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 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 EXTENT PERMITTED BY LAW.

Termination

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. thelulu.com shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including solicitors' fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

Entire Agreement

This agreement and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of thelulu.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Assignment

We reserve the right to assign this agreement at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and the Services under the new ownership. You may not assign, transfer or sublicense these Terms of Use to any one else and any attempt to do so in violation of this section shall be null and void.

Governing Laws

This Agreement shall be governed by the laws of Malaysia.

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