1. Your Acceptance
1.1 By using and/or visiting this website (collectively, including all content and functionality available through the PrezCapture.com domain name, the "PrezCapture Website", or "Website"), you signify your agreement to (1) these Terms and Conditions, and (2) Privacy Notice
. If you do not agree to any of these terms, or the PrezCapture privacy notice, please do not use the PrezCapture Website.
1.2 Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically visit this page for the most up-to-date version. PrezCapture may, in its sole discretion, modify or revise Terms & Conditions and policies at any time, and you agree to bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. PrezCapture Website
2.1 These Terms and Conditions apply to all users of the PrezCapture Website, including users who are also contributors of video content, information, and other materials or services on the Website. The PrezCapture Website includes all aspects, including but not limited to all products, software and services offered via the website.
2.2 The PrezCapture Website may contain links to third party websites that are not owned or controlled by PrezCapture . PrezCapture has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, PrezCapture will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve PrezCapture from any and all liability arising from your use of any third-party website.
3. PrezCapture Accounts
3.1 In order to access some features of the Website, you will have to create a PrezCapture account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify PrezCapture immediately of any breach of security or unauthorized use of your account.
3.2 Although PrezCapture will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PrezCapture or others due to such unauthorized use.
4. General Use of the Website - Permissions and Restrictions
PrezCapture hereby grants you permission to access and use the Website as set forth in Terms and Conditions, provided that:
4.1 You agree not to distribute in any medium any part of the Website, without PrezCapture's prior written authorization.
4.2 You agree not to alter or modify any part of the Website or any of its related technologies.
4.3 You agree not to use the Website without the prior written authorization of PrezCapture:
- sale of access to the Website or its related services on another website;
- use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the PrezCapture website or any third-party website, targeted to the PrezCapture content;
- and any use of the Website or its related services that PrezCapture finds, in its sole discretion, to use PrezCapture's resources with the effect of competing with or displacing the market for PrezCapture, PrezCapture content.
4.4 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the PrezCapture servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, PrezCapture grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. PrezCapture reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. discussions) for any commercial solicitation purposes.
4.5 In your use of the website, you will otherwise comply with the terms and conditions of these Terms and Conditions, and all applicable local, national, and international laws and regulations.
4.6 PrezCapture reserves the right to discontinue any aspect of the PrezCapture Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of shared files and courses (the "Content") on the PrezCapture Website.
5.1 The Content on the PrezCapture Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to PrezCapture , subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. PrezCapture reserves all rights not expressly granted in and to the Website and the Content.
5.2 User discussions are made available to you for your information and personal use solely as intended through the normal functionality of the PrezCapture Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the PrezCapture Website or otherwise as prohibited under this Agreement.
5.3 You may access the Content and other content only as permitted under this Agreement. PrezCapture reserves all rights not expressly granted in and to the the Content and the PrezCapture Website.
5.4 You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted.
5.5 You agree not to circumvent, disable or otherwise interfere with security-related features of the PrezCapture Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the PrezCapture Website or the Content therein.
5.6 You understand that when using the PrezCapture Website, you will be exposed from a variety of sources, and that PrezCapture is not responsible for the accuracy, usefulness, safety, or intellectual property rights. You further understand and acknowledge that you may be exposed to inaccurate, offensive, indecent, or objectionable content, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PrezCapture with respect thereto, and agree to indemnify and hold PrezCapture, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Code of Conduct
In using the PrezCapture Website, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam"; or
- Collect information about others;
PrezCapture has the right, but not the obligation, to monitor all conduct on and content submitted to the PrezCapture Website.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PrezCapture WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PrezCapture, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PrezCapture MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PrezCapture WEBSITE. PrezCapture DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PrezCapture WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PrezCapture WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL PrezCapture, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PrezCapture WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PrezCapture SHALL NOT BE LIABLE FOR CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by PrezCapture.com worldwide. PrezCapture makes no representations that the PrezCapture Website is appropriate or available for use in their respective location. Those who access or use the PrezCapture Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless PrezCapture , its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the PrezCapture Website; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Contents caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the PrezCapture Website.
10. Ability to Accept Terms & Conditions
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 18, as the PrezCapture Website is not intended for children under 13. If you are under 18 years of age, then please do not use the PrezCapture Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PrezCapture without restriction.
You agree that: (i) the PrezCapture Website shall be deemed solely based in Malaysia; and (ii) the PrezCapture Website shall be deemed a passive website that does not give rise to personal jurisdiction over PrezCapture, either specific or general, in jurisdictions other than Malaysia. These Terms and Conditions shall be governed by the internal substantive laws of the State of Malaysia, without respect to its conflict of laws principles. Any claim or dispute between you and PrezCapture that arises in whole or in part from your use of the PrezCapture Website shall be decided exclusively by a court of competent jurisdiction located in Malaysia. These Terms & Conditions, together with the Privacy Notice
and any other legal notices published by PrezCapture on the Website, shall constitute the entire agreement between you and PrezCapture concerning the PrezCapture Website. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and PrezCapture's failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. PrezCapture reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the PrezCapture Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND PrezCapture AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PrezCapture WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.