(Last Updated: January 2019)
NOTICE TO USER: The following specifies the terms and conditions on which KEBANA offers you access to our Web. You agree to these terms and conditions by using this site. Please read these terms carefully before using this site.1. Welcome to the KEBANA
The Web is provided by KEBANA with collaboration ILSFLY Technologies as Developer. You may contact us through our Contact 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"). KEBANA reserves the right to update or revise the Terms and Conditions at any time. Arbitration and Dispute Resolution can not 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
You may use the content for your personal or any research activities. Any other use, including the reproduction, modification, distribution, transmission, republication, display, performance, re-hosting, tampering, framing, or embedding of this site or its content or tools, or any commercial use whatsoever of this Web 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 KEBANA 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 Web site. You agree not to use programs, scripts, code or other available methods to download or view multiple pages of content on KEBANA 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 KEBANA on your hard drive or other storage device for viewing offline unless you have purchased the right to do so through KEBANA 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 KEBANA may pursue such penalties to the full extent of the law to protect its rights and the rights of publishers, authors, and its other licensor.6. Plagiarism and Commercial Use Prohibited
You agree not to misuse our Web to plagiarize or represent the work of others as your own. You may not make any commercial use of this Web, 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 KEBANA, and its licensor and suppliers and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, softwares and other proprietary rights and laws.8. Third Party Content and Links to Third Party Sites
KEBANA is a secondary provider (and not a publisher) of content supplied by third parties (Licensor). Accordingly, KEBANA 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 KEBANA. KEBANA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement contained in the content available through our Web.
KEBANA 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.
KEBANA 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, KEBANA 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 SIB CHERAS, ITS AFFILIATES OR PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSOR 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 SIB CHERAS, 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 E-BIBLE 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 E-BIBLE 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 KEBANA, 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 KEBANA 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 KEBANA 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.