Terms Of Use
DXN Videos download Terms Of Use
1. Introduction
1.1 These Terms Of Use shall govern all of the use of this Website, its content and services including the use of the videos.
1.2 The use of this Website are subject to your agreement to the Terms Of Use. You will be asked to give agreement to these Terms Of Use before you can proceed to submit request to generate the video from our dxnvideos.com website.
2. Definition
2.1 In this Terms Of Use:
- "we" means DXN Marketing Sdn. Bhd. (and "us and "our" should be construed accordingly);
- "you" or “the user” means DXN distributor or DXN member under these Terms Of Use (and "your" and “the user's” should be construed accordingly);
- "videos" means the videos that are available to be downloaded on in this Website;
- “Website” means this DXN Videos download website; and
- "your videos" means any such videos that you have downloaded through this Website including any enhanced or upgraded version of the videos that we may make available to you from time to time.
3.Video Generating Process
3.1 No agreement will come into force between you and us unless and until we accept your request in accordance with the procedure set out in this Section 3.
3.2 To enter into a agreement through our Website to generate downloadable videos from us, the following steps must be taken:
- the User is required to log in to the Website using their eworld login details;
- we will either email you a downloadable link (at which point your request to obtain the videos will become a binding contract). The videos will contain your name;
- the User have the option to either use the videos as it is or may add in their details in the videos
3.3 You will have to ensure that your information in the videos (including any information added) is true and correct and we do not bear any responsibility of the information provided by you.
4. Prices
4.1 The use of this Website, its content and services are available for free of charge.
4.2 However, we reserve our right at any time to charge you fee for the usage of the Website.
5. The Videos
5.1 The videos will be in the format or formats as specified in this Website, and by such means and within such periods as are specified on this Website.
5.2 Subject to your compliance with these Terms Of Use, we grant to you a worldwide, non-exclusive, non-transferable right of use to make any use of the videos downloaded and generated in line with permitted use as detailed hereunder in Section 5.3, Such permitted use will be automatically revoked in the event such videos fall within any of the prohibition in Section 5.4.
5.3 The "permitted uses" of your videos are:
- downloading a copy of each of your videos;
- making, storing and playing copies of your videos; and/ or
- making, storing and playing copies of your videos on smartphones, tablet computers, media players or other portable devices.
5.4 The "prohibited uses" of your videos are:
- the sale, licensing, sub-licensing, renting of the videos (or part thereof) in any format and in any way howsoever;
- the editing, modification, adaptation or alteration of the videos (or part thereof), and the creation of any derivative work incorporating the videos (or part thereof);
- the use of the videos (or part thereof) in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable.
- the use of the videos (or part thereof) to compete with us, whether directly or indirectly;
- any re-selling of the videos (or part thereof) including any downloadable other videos in the Website;
- the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to the videos for the purpose of preventing unauthorised use.
5.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your videos.
5.6 We hold and reserve all intellectual property rights contained in the Website including any videos downloaded or generated from it. All intellectual property rights and other rights in the videos not expressly granted by these Terms Of Use are hereby reserved by us.
5.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in the videos.
5.8 The rights granted to you in these Terms Of Use are personal to you, and you must not permit any third party to exercise these rights.
5.9 You undertake to ensure the use of the Website and/ or the videos are in line with this Terms Of Use. In particular, but without limitation, you are prohibited from and may not copy, download, share (beyond the limits set forth in this Terms Of Use), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the videos available on this Website, nor allow any third party to do so through you or your device.
5.10 If you breach any provision of these Terms Of Use, then the right to use and enjoy the videos as set out in this Section 5 will be automatically terminated upon such breach.
5.11 You may terminate the right of use of the videos set out in this Section 5 by deleting all copies of the relevant videos in your possession or control.
5.12 You are solely liable for how the videos are used, uploaded, posted or shared. The user acknowledges and accepts that DXN does not filter or moderate such content in the generated videos. As such, the user shall fully indemnify and hold harmless DXN, its directors, employees and affiliated companies against any and all suit, action, claim, fine, penalty or anything of similar nature arising from the use of the videos.
5.13 We reserve the right to remove, delete, block or rectify such content of the videos at our own discretion and to, without having to issue prior notice, deny the user access to this Website:
- if we receive any complaint based on such content of the videos;
- if we receive any notice of infringement of intellectual property rights;
- upon order of a public authority; or
- where DXN is made aware that the videos may represent a risk to DXN, any third parties and/or this Website.
5.14 The removal, deletion, blocking or rectification of the videos shall not entitle the user to any claims for compensation, damages or reimbursement of any kind whatsoever. You hereby irrevocably agree to hold DXN harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Website.
6. Acceptable use
6.1 This Website, its content and the videos generated thereof may only be used within the scope of what they are provided for in line with these Terms Of Use and applicable law.
6.2 You are solely responsible for making sure that the use of this Website and the videos violates no applicable law, regulations or third-party rights.
6.3 Therefore, we reserve the right to take any appropriate measure to protect its legitimate interests including denying the user access to this Website, terminating this agreement, reporting any misconduct performed through this Website to the competent authorities (such as judicial or administrative authorities) whenever the user engages or is suspected to engage in any of the following activities:
- violate the laws, regul tions and/or these Terms Of Use; and/ or
- infringe any third-party rights.
7. Intellectual Property
7.1 The intellectual property and all right, title and interest in and to such Website and the videos will remain solely with DXN and is not transferred to you in any way howsoever. Our intellectual property includes DXN logo, product names, service marks and graphics used in connection with this Website and the videos. Your use of the Website and the videos grants you no right, nor license, to reproduce or otherwise use any of the videos or our intellectual property except as explicitly permissioned in writing, and / or as defined in these Terms Of Use.
8. Warranties and representations
8.1 You warrant and represent to us that:-
- you are legally capable of entering into binding agreement;
- you have full authority, power and capacity to agree to these Terms Of Use; and
- all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
9. Variation
9.1 DXN reserves the right, at its sole discretion, to modify or replace any part of these Terms Of Use. It is your responsibility to check these Terms Of Use periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms Of Use constitutes acceptance of those changes.
9.2 DXN may also, in the future, offer new services and / or features through the Website including the release of new videos, tools, resources or features. New videos, features or new services shall be subject to the term and conditions of these Terms Of Use
10. Our Details
10.1 This Website is owned and operated by DXN Marketing Sdn. Bhd.
10.2 Our principal place of business is at Wisma Dxn, No. 213, Lebuhraya Sultan Abdul Halim, 05400, Alor Setar, Kedah, Malaysia.
11. Limitation of Liability
11.1 In no event will DXN (including its suppliers or contractors) be liable with respect to any subject matter of these Terms Of Use under any contract, negligence or strict liability for any special, incidental and / or consequential damages arising from the usage of the Website and/ or the videos.
12. Disclaimer of Warranties
12.1 The Website and the services provided are provided “as is”. DXN hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement and similar warranties. Neither DXN makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You hereby understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk..