Terms and Conditions

AGREEMENT BETWEEN USER AND EVENESIS – Y US SDN BHD (888985-V)

Evenesis consists of various web pages and applications operated by Y Us Sdn Bhd located under the evenesis.com and yus.com.my domains.

Evenesis is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Evenesis constitutes your agreement to all such terms, conditions, and notices. When you create (or are assigned to) an account at Evenesis, you accept these terms and conditions.

LINKS TO THIRD PARTY SITES

Evenesis may contain links to other Web Sites or “Linked Sites”. The Linked Sites are not under the control of Evenesis and Evenesis is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Evenesis is not responsible for webcasting or any other form of transmission received from any Linked Sites. Evenesis is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Evenesis of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Evenesis Web Site, you warrant to Evenesis that you will not use Evenesis for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Evenesis in any manner which could damage, disable, overburden, or impair Evenesis or interfere with any other party’s use and enjoyment of Evenesis. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Evenesis.

USER CONDUCT

Evenesis reserves the right, but does not assume the responsibility, to monitor or review your conduct on Evenesis. Your use of Evenesis is subject to all applicable local, state, national and international laws and regulations.

In using Evenesis you agree not to post, transmit, or otherwise make available, through or in connection with Evenesis:

• Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another’s privacy; (c) fraudulent or tortuous; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary rights without the express prior consent of the owner of such right.
• Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
• Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
• Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme”, survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
• Any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
• Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
• Interfere with or disrupt the operation of Evenesis or the servers or networks used to make Evenesis available; or violate any requirements, procedures, policies or regulations of such networks.
• Use Evenesis to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use Evenesis in a commercial manner.
• Use Evenesis to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use Evenesis in a commercial manner.
• Attempt to gain unauthorized access to Evenesis, other accounts, computer systems or networks connected to Evenesis, through password mining or any other means.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or Materials from Evenesis or reproduce or circumvent the navigational structure or presentation of Evenesis.
• Engage in any other conduct which, in Evenesis’ sole discretion, is considered inappropriate, unauthorized or objectionable.

NO SPAMMING

You agree not use any feature of Evenesis for chain letters, junk mail, or “Spamming” nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you (“Spam” or “Spamming”) is strictly prohibited by Evenesis . If you use any feature of Evenesis for the purpose of sending Spam, your right to use Evenesis immediately terminates and Evenesis reserves the right to seek appropriate legal recourse, as necessary. You agree that Evenesis may, at its sole discretion, immediately remove any communications that it reasonably believes constitutes “Spamming,” including removal of any contact information related thereto. If you believe that other users are using Evenesis for Spam, please notify Evenesis using the Feedback/Support link at the bottom of our page, or by emailing Evenesis at contactus@evenesis.com. Please note that by posting a public event you are consenting to receive, and authorizing Evenesis to forward to you, emails from other users. Such messages are not included in the above definition of Spam.

USE OF COMMUNICATION SERVICES

Evenesis may contain message board services, chat areas, news groups, forums, surveys, polls, communities, personal web pages, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Evenesis has no obligation to monitor the Communication Services. However, Evenesis reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Evenesis reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Evenesis reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Evenesis’ sole discretion.

MATERIALS PROVIDED TO EVENESIS OR POSTED AT ANY EVENESIS’ WEB SITES AND/OR APPLICATIONS

Evenesis does not claim ownership of the materials you provide to Evenesis (including feedback and suggestions) or post, upload, input or submit to Evenesis or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Evenesis, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Evenesis is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Evenesis’ sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

MEMBERSHIPS AND PACKAGES

Evenesis Basic, Professional, Enterprise and À La Carte are paid versions that are available on annual subscription and pay-per-event. Purchasing Account Upgrade and Credits can be done within Evenesis. It is your responsibility to promptly provide Evenesis with any contact or billing information changes or updates (including, address, credit card numbers, etc). New features will be added to the paid versions of Evenesis on a regular basis. Some features may become free at the sole discretion of Evenesis.

PAYMENT

Payment for Evenesis’ services and packages can made via credit card and online banking in multiple currencies and is non-refundable. Evenesis reserves the right to cancel your services and packages in the case of non-payment or invalid credit card details. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by the User. If payment is not current, Evenesis may immediately cease to provide any and all deliverables to the User. User must notify Evenesis about any billing problems or discrepancies within 30 days after charges first appear on your statement. If it is not brought to the attention of Evenesis within 30 days, you agree to waive your right to dispute such problems or discrepancies.

INDEMNITY

You agree to indemnify and hold harmless Evenesis, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of and access to Evenesis, your violation of the TOS, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations. 

APPLICABLE LAW

The materials in this site are provided “as is” and without warranties of any kind either expressed or implied to the fullest extent permissible pursuant to applicable law.  User agrees to indemnify, defend and hold Evenesis and all affiliated partners harmless from any claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages including attorneys’ fees arising from any submissions by you or through your account.

MERGER OR ACQUISITION

It is possible that the services and/or related assets of Evenesis might be acquired as part of a merger or acquisition. In such an event, you understand and agree that Evenesis may assign its rights under these terms and that your personal information may be transferred to the succeeding entity.

LIABILITY DISCLAIMER

The Evenesis collection of website services and contents are provided “as-is” without exception.

The information, software, products, and services included in or available through Evenesis may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Evenesis and/or its suppliers may make improvements and/or changes to Evenesis at any time.

Evenesis and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on Evenesis for any purpose. Evenesis and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non- infringement.

To the maximum extent permitted by applicable law, in no event shall Evenesis and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of Evenesis, with the delay or inability to use Evenesis or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through Evenesis, or otherwise arising out of the use of Evenesis, whether based on contract, tort, negligence, strict liability or otherwise, even if Evenesis or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the User. If the User is dissatisfied with any portion of Evenesis, or with any of these terms of use, your sole and exclusive remedy is to discontinue using Evenesis.

COPYRIGHTS AND TRADEMARK NOTICES

All contents of Evenesis are protected by Malaysia’s and Indonesia’s copyrights law and international treaties and may not be copied or re-used without the express permission of Y Us Sdn Bhd (888985-V) (hereinafter referred to as “Evenesis”), which reserves all rights. Reuse of any of such content online for any purpose is strictly prohibited. Permission to use Evenesis proprietary content is granted on a case-by-case basis. Please direct your inquiries to contactus@evenesis.com.

Among the trademarks and wordmarks owned by The Company are Evenesis, Y Us Sdn Bhd and the respective logos of all the sites. These trademarks and wordmarks are filed and registered in Malaysia, Singapore, Hong Kong, Australia and Indonesia.

MODIFICATION OF THESE TERMS OF USE

Evenesis reserves the right to change the terms, conditions, and notices under which Evenesis is offered. The effective date will be posted at the top of this agreement if any changes are made to the agreement.