If you
do not agree to the Terms of Use, please discontinue using the
site immediately!
By using this site, you
signify your Assent and Agreement to these Terms of Use. If
you do not agree to these Terms of Use, please do not use the
site.
Please check this Agreement
periodically for changes as NuStreams.com reserves the right
to revise this Agreement and your continued use of this site
following the posting of any changes to the Agreement
constitutes acceptance of such changes. NuStreams.com reserves
the right to terminate a User's use of this site at any time
without notice and may do so for any breach of this Agreement
or the instructions on this site by User. This Agreement
applies to licensors and advertisers as well.
Restrictions on Use
of Materials
Except as may be explicitly
permitted through this site, you agree not to save, download,
cut and paste, sell, license, rent, lease, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative works from
materials, code or content on or from this site. Systematic
retrieval of data or other content from this site to create or
compile, directly or indirectly, a collection, compilation,
database or directory without written permission from
NuStreams.com is prohibited. In addition, use of the content
or materials for any purpose not expressly permitted in this
Agreement is prohibited.
Database Ownership,
License, and Use
Except with regard to
personal information, all information which you post on this
site or communicate to NuStreams.com through this site
(collectively "Submissions") shall forever be the
property of NuStreams.com. NuStreams.com shall not treat any
submission as confidential and shall not incur any liability
as a result of any similarities that may appear in future
Company services or products. Without limitation, NuStreams.com
shall have exclusive ownership of all present and future
existing rights to any Submission of every kind and nature
everywhere. You acknowledge that you are fully responsible for
the message, including its legality, reliability,
appropriateness, originality and copyright. You hereby
represent and warrant that your Submission does not infringe
the rights of any third party.
Trademarks
NuStreams.com's, licensors'
or other third party materials, services or products
referenced on this site are common law or registered trade
marks or service marks of such parties.
Third party sites
You may be transferred to
online merchants or other third party sites through links or
frames from this site. You are cautioned to read such sites'
Terms and Conditions and/or Privacy Policies before using such
sites in order to be aware of the terms and conditions of your
use of such sites. These sites may contain information or
material that is illegal, unreasonable or that some people may
find inappropriate or offensive. These other sites are not
under the control of NuStreams.com, are not monitored or
reviewed by NuStreams.com, and NuStreams.com is not aware of
the contents of such sites. You acknowledge that NuStreams.com
is not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the contents or any
transmissions received through such sites. The inclusion of
such a link or frame does not imply endorsement of this site
by NuStreams.com, its advertisers or licensors, any
association with its operators and is provided solely for your
convenience. You agree that NuStreams.com and its licensors
have no liability whatsoever from such third party sites and
your usage of them.
Disclaimer of
warranties
NuStreams.com, its
advertisers and licensors make no representations or
warranties about this site, the suitability of the information
contained on or received through use of this site, or any
services or products received through this site. All
information and use of this site are provided "as
is" without warranty of any kind. NuStreams.com,
advertisers and/or its licensors hereby disclaim all
warranties with regard to this site, the information contained
on or received through use of this site and any services or
products received through this site, including all express,
statutory, and implied warranties of merchantability, fitness
for a particular purpose, title and non-infringement.
NuStreams.com, advertisers and/or its licensors do not warrant
that the contents or any information receive through this site
are accurate, reliable or correct; that this site will be
available at any particular time or location; that any defects
or errors will be corrected; or that the contents or any
information received through this site is free of viruses or
other harmful components. Your use of this site is solely at
your risk. User agrees that it has relied on no warranties,
representations or statements other than in this agreement.
Because some jurisdictions do not permit the exclusion of
certain warranties, these exclusions may not apply to you but
shall apply to the maximum extent permitted by law of your
jurisdiction.
Limitation of
liability
Under no circumstances shall
NuStreams.com, advertisers and/or its licensors be liable for
any direct, indirect, punitive, incidental, special, or
consequential damages that result from, or arise out of the
use of, or inability to use, this site, the information
contained on or received through use of this site, or any
services or products received through this site. This
limitation applies whether the alleged liability is based on
contract, tort, negligence, strict liability, or any other
basis, even if NuStreams.com, advertisers and/or its licensors
have been advised of the possibility of such damage. Because
some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, NuStreams.com,
advertisers and/or its respective licensors' liability in such
jurisdictions shall be limited to the maximum extent permitted
by law of your jurisdiction.
Indemnification
You agree to defend,
indemnify, and hold harmless NuStreams.com, its advertisers,
licensors, subsidiaries and other affiliated companies, and
their employees, contractors, officers, agents and directors
from all liabilities, claims, and expenses, including
attorney's fees, that arise from your use of this site, or any
services, information or products from this site, or any
violation of this Agreement. NuStreams.com reserves the right;
at it own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in
which event you shall cooperate with NuStreams.com in
asserting any available defenses.
Legal compliance
NuStreams.com may suspend or
terminate this Agreement or User's use immediately upon
receipt of any notice which alleges that User has used this
site for any purpose that violates any local, state, federal
or law of other nations, including but not limited to the
posting of information that may violate third party rights,
that may defame a third party, that may be obscene or
pornographic, that may harass or assault others, that may
violate hacking or other criminal regulations, etc. Of its
agents, officers, directors, contractors or employees. In such
event, NuStreams.com may disclose the User's identity and
contact information, if requested by a government or law
enforcement body or as a result of a subpoena or other legal
action, and NuStreams.com shall not be liable for damages or
results thereof and User agrees not to bring any action or
claim against NuStreams.com for such disclosure.
Choice of law and
forum
This site (excluding third
party linked sites) is controlled by NuStreams.com from its
offices within Kuala Lumpur, Malaysia. It can be accessed from
other countries around the world to the extent permitted by
site. As each of these places has laws that may differ from
Kuala Lumpur, by accessing this site, both you and NuStreams.com
agree that the statues and laws of Kuala Lumpur shall apply to
any actions or claims arising out of or in relation to this
Agreement or your use of this site, without regard to
conflicts of laws principles thereof. You and NuStreams.com
also agree and hereby submit to the filing of any claim only
in the exclusive personal jurisdiction and venue of Utah and
any legal proceedings shall be conducted in English. NuStreams.com
makes no representation that materials on this site are
appropriate or available for use in other locations, and
accessing them from territories where their contents are
illegal is prohibited. This Agreement shall not be governed by
the United Nations Convention on Contracts for the Sale of
Goods.
Miscellaneous
These Terms of Use will apply
to every access to NuStreams.com. NuStreams.com reserves the
right to issue revisions to these Terms of Use by publishing a
revised version of this document on this site: that version
will then apply to all use by you following the date of
publication. Each access of information from NuStreams.com
will be a separate, discrete transaction based on the then
prevailing terms. These Terms of Use shall be governed by,
construed and enforced in accordance with the laws of Kuala
Lumpur, as it is applied to agreements entered into and to be
performed entirely within such jurisdiction.
To the extent you have in any
manner violated or threatened to violate NuStreams.com and/or
its affiliates' intellectual property rights, NuStreams.com
and/or its affiliates may seek injunctive or other appropriate
relief in any state or federal court in Kuala Lumpur, and you
consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be
resolved as follows:
If a dispute arises under
this agreement, we agree to first try to resolve it with the
help of a mutually agreed-upon mediator in the following
location: Kuala Lumpur, Malaysia. Any costs and fees other
than attorney fees associated with the mediation will be
shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to
binding arbitration at the following location: Kuala Lumpur,
Malaysia, under the rules of the Malaysian Arbitration
Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to
do so.
If any provision of this agreement is void or unenforceable in
whole or in part, the remaining provisions of this Agreement
shall not be affected thereby.