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Terms Of Use

BY SELECTING THE "Yes I agree to the Terms and Conditions" CHECKBOX, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. PLEASE READ THEM CAREFULLY, THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. THE FOLLOWING DESCRIBES THE TERMS ON WHICH GRADUAN OFFERS YOU ACCESS TO GRADUAN SERVICES.

1. Registrant Agreement

This Registrant Agreement ("Agreement") governs the use of the GRADUAN ("GRADUAN," "we," or "us") website and polls Website made available through the site (collectively, the "site"). Anyone accessing the site agrees to abide by this Agreement and by the Rules of any Websitepolls in which they participate. Those Rules appear under Rules page and are incorporated herein by reference.

GRADUAN may modify this Agreement or the Rules at any time, and such modification shall be effective immediately upon posting on the site. Your continued access or use of the site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement or Rules.

ALL INFORMATION POSTED & PROVIDED  ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND GRADUAN DOES NOT WARRANT THE INFORMATION POSTED ON THE SITE.

2. General

The Website Polls are for entertainment purposes only. The site is limited to personal, non-commercial use and the content contained therein may not be copied, modified, duplicated or distributed in any form or for any reason without the express written consent of GRADUAN. This Registrant Agreement is subject to changes by GRADUAN without prior notice. GRADUAN reserves the right to cancel the Website Polls at any time, without prior notice, for any reason. GRADUAN and its vendors believe their data and text services to be reliable but accuracy is not warranted or guaranteed.

3. Registration

Registration for the Website is an online process. To register, click on the Be a member link. By registering to participate in GRADUAN Website, you agree that any and all information you supply in the registration process is current, truthful and complete. You also agree that you, the Registrant, will be the only authorized user of the site using your user name and password. You agree not to provide or make known your user name and password to any other person for the purpose of facilitating that person's access and unauthorized use of the site.

For questions regarding this Agreement or the Rules for any Website, contact Customer Support at support@GRADUAN.com

4. License

The contents of the GRADUAN site, including its "look and feel" (e.g. , text, graphics, images, logos and button icons), editorial content, notices, software (including HTML-based computer programs) and other material, are protected under foreign copyright, trademark and other laws. These contents belong or are licensed to GRADUAN. We hereby grant you the right to view and use the site subject to this Agreement. You may download or print a copy of the information site contains for your personal, internal and non-commercial use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited without GRADUAN's prior written consent.

5. Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. GRADUAN can terminate the privileges of any registrant who repeatedly infringes the copyright of any legal person. Without limiting the foregoing, if you believe your work has been copied and posted on the Service in a way that constitutes copyright infringement, email legal@graduan.com.my with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the site; your address; telephone number; email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

DISCLAIMER: THIS SITE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We make no guarantee that the information on this site is up to date, accurate, or complete and you should not rely on it for any decision or to take any action. By entering the Website, you agree to waive any right to claim any ambiguity or error in the Rules or the Website itself and agree to be bound by these Rules and by all decisions of GRADUAN, which are binding and final. Failure to comply with these rules may result in disqualification from this Website. In the event of any unanticipated occurrence that was not fully addressed by the Rules, GRADUAN may modify the Rules to address such occurrence. Any changes to the Rules will be posted on the site. GRADUAN conveys the information available on this site without responsibility for accuracy and Registrants agree that errors contained in such information shall not be made the basis for any claim, demand or cause of action. We hereby disclaim any warranty that the information on this site will be free of interruption or that the site is free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. GRADUAN is not responsible for telecommunications, network, electronic, technical or computer failures of any kind, inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these rules, any human or electronic error, including but not limited to, the administration of this Websitewebsite, or for identity that are stolen, misdirected, garbled, delayed by computer transmissions, lost, late or damaged.

WEBSITE DISCLAIMER: All decisions by GRADUAN in computing points, creating awards, conducting drawings or in conducting any and all other aspects of a GRADUAN Website are made by GRADUAN in its sole discretion and are final and not subject to appeals.

GRADUAN SHALL BEAR NO LIABILITY WHATSOEVER IN CONNECTION WITH THE DESIGN, DEVELOPMENT OR ADMINISTRATION OF ANY WEBSITE OR IN ANY OTHER RESPECT IN CONNECTION WITH YOUR INTERACTION WITH THE SITE OR PARTICIPATION IN ANY WEBSITE.

 

6. Site Performance

GRADUAN is not liable for any delay or failure of the siteWebsite. There is no guarantee that Registrants will be able to access the site whenever and wherever desired. There may be extended periods of time when you cannot access the site for various reasons, many beyond our control. Heavy frequent user on the site may affect your access to the site.

7. Indemnification

You agree to indemnify, defend and hold harmless GRADUAN, its officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any violation of this Agreement or any other wrongful activity related to use of the site (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the site using your user name and password. Members assume all liability for any injury or damages caused or claimed to be caused by his or her participation in the WebsiteWebsite, and release GRADUAN and its parents, subsidiaries, affiliates, agents and assigns and advertising and promotional agencies and their respective officers, directors, and employees (collectively "Released Parties") from any such liability. Released Parties assume(s) no responsibility for any injury or damage to Registrant's or to any other person's computer relating to or resulting from this Website. Registry constitutes permission (except where prohibited by law) to use user's name, city, state, likeness and/or voice for purposes of advertising, promotion and publicity without additional compensation. Any attempt by a Registrant or any other individual to deliberately damage any online service or website or undermine the legitimate operation of the WebsiteWebsite or the site is a violation of criminal and civil laws and should such an attempt be made, GRADUAN reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.

8. GRADUAN's Proprietary Right to Content

Members of any phase of GRADUAN Website waive all rights of privacy and publicity and expressly allow GRADUAN to publicize their names and prizes as it sees fit.

By registering  in the Website, you agree that GRADUAN may disclose your first name, last name, and state these at any time during the course of, or after, the Website, either on the site, or through email notification, at the discretion of GRADUAN, except where prohibited by law.

You hereby agree that any information transmitted to the site in connection with the Website is not confidential and acknowledge that you have no expectation of privacy with respect to such information, subject to the terms of the site's Privacy Policy. By completing a registration, you hereby agree that any and all information that you supply in the registration process is current, truthful and complete. To the extent that any such information is not current, truthful and complete, you may be disqualified from the Website. GRADUAN reserves the right to post any and all of your portfolio and GRADUAN Members also agree to make available photographs in a format acceptable to GRADUAN and pertinent biographical information for such publicity. Any information posted to or on any area of the site, including simulated portfolios, becomes the exclusive property of GRADUAN for use, reproduction or disclosure at GRADUAN's sole discretion.

9. Content Posted and Activities on the Site

You understand and agree that GRADUAN may review and edit or delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of GRADUAN, violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any GRADUAN Registrants. You are solely responsible for the Content you submit and/or publish or display (hereinafter, "post") on the Service or any material or information you transmit to other Registrants. By posting Content on any public area of GRADUAN, you automatically grant, as well as represent and warrant, that you have the right to grant to GRADUAN, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such information and content to GRADUAN and that GRADUAN has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

The following is a partial list of the type of Content and Activities that are illegal or prohibited on the site. GRADUAN reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the registration of each violator. Prohibited Content and Activities include, but are not limited to:

  • Content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
  • Activity that harasses or advocates harassment of another person.
  • Transmitting "junk mail", "chain letters," or unsolicited mass mailing or "spamming".
  • Engaging in advertising to, or solicitation of, any Registrant to buy or sell any products or services through the Service, including sports picks information.
  • Promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
  • Creating restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
  • Providing material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
  • Soliciting passwords or personal identifying information for commercial or unlawful purposes from other Members.
  • Providing commercial activities and/or sales without our prior written consent such as contess, sweepstakes, barter, advertising, or pyramid schemes.
  • Modifying, adapting, translating, or reverse engineering any portion of the GRADUAN service.
  • Removing any copyright, trademark or other proprietary rights notices contained in or on the GRADUAN service.
  • Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the GRADUAN service.
  • Reformatting or framing any portion of the web pages that are part of the GRADUAN service.
  • Creating user accounts by automated means or under false or fraudulent pretenses.
  • Submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by GRADUAN.
  • Submitting Materials that infringe misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
  • Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
  • Submitting Materials that are unlawful or promote or encourage illegal activity.
  • While GRADUAN prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the GRADUAN service at your own risk.


You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, any Registrant to buy or sell any products or services through the Service. Although GRADUAN cannot monitor the conduct of its Registrants off the site, it is also a violation of these rules to use any information obtained from the Service to harass, abuse or harm another person or to contact, advertise to, solicit or sell to any Registrant without their prior explicit consent. In order to protect our Registrants from such advertising or solicitation, GRADUAN reserves the right to restrict the number of emails which a Registrant may send to other Registrants in any 24-hour period to a number which GRADUAN deems appropriate in its sole discretion. The GRADUAN service is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the GRADUAN service for any purpose.

You may not use the GRADUAN service for any illegal or unauthorized purpose. International Members agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.

You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post, and display on the GRADUAN service.

We may, but shall have no obligation to, remove materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.

10. Proprietary Rights to Third Party Content

By submitting, posting or displaying any Materials, including but not limited to commentary, blogs and opinion, on or through the GRADUAN website, you automatically grant to us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Materials. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.

11. Privacy

Except as noted in Paragraph 14 [Termination of Registration], of this Agreement, our use and disclosure of your personal information is governed by our Privacy Statement, which is hereby incorporated by reference into this Agreement.

12. Termination of Registration

GRADUAN reserves the right to prevent access by any Registrant who acts irresponsibly or inappropriately in using the Website or in participating on GRADUAN blogs or discussion forums. GRADUAN reserves the right to terminate Website participation by any Registrants suspected of cheating, attempting to exploit the Website or other inappropriate behavior. We, at our sole discretion, may terminate or suspend your participation in a GRADUAN Website for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of an account, in whole or in part, without liability to any Registrant in that Website. Such activity also may be referred to appropriate law enforcement authorities.

13. Electronic Communications

By registering for the Website, you agree to receive Website updates in the form of emails throughout the Website Term. By registering with us, you also agree to conduct business with us electronically and via the internet and to receive all required notices and disclosures in electronic format, including but not limited to email messages to an authorized email address that you have provided us. These email messages may contain the required notice or disclosure or may alert you to the availability of such a notice or disclosure on our website. We also reserve the right to effect delivery of notices or disclosures by posting to our site with no email transmission, to the extent permitted by applicable law. To access any of these notices or disclosures and to receive email messages, all you need is a valid email address, access to the internet and any generally available commercially available Web browser, such as Internet Explorer or Netscape Navigator. If, at any time, you wish to withdraw your consent to the receipt of electronic communications, you must notify Customer Service at support@graduan.com. We will regard such withdrawal as a termination of your registration with us and of your participation in any then-current or future membership. You may request paper copies of any electronic notice or disclosure we provide; however, we reserve the right to refuse or to assess a service charge to respond such a request, at our sole discretion and to the extent permitted by applicable law. If, at any time, you would like to change the email address you have provided, you must notify Customer Service via email at support@graduan.com.

14. Assignability

You may not transfer any rights or obligations you may have under this Agreement. We reserve the right to transfer or to subcontract any right or obligation under this Agreement at our sole discretion without your consent.

15. Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect the Agreement's other terms or provisions, or the whole of this Agreement, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the Parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and the Agreement's purposes.

16. Links

While GRADUAN welcomes links to our site from other websites, we, in no way, operate, control or endorse linking sites and reserve the right to disallow any such link at any time in our sole discretion. Should you wish to link to our site, you must link to our home page at www.graduan.com.my

17. No Third-Party Beneficiaries

A person who is not a party to this Agreement has no rights under this Agreement.

18. Governing Law

This Agreement shall be governed by the laws of Malaysia, without regard to the conflict or choice-of-law principles thereof, and the provincial and federal courts located in Malaysia shall have exclusive jurisdiction over all disputes. If required to give legal effect to this Agreement, or in any event at GRADUAN's sole election, any such dispute may be submitted to binding arbitration pursuant to the Rules of Arbitration of the International Centre for Dispute Resolution of the Malaysian Arbitration Association, with a single arbitrator appointed in accordance with those rules. The seat of arbitration and the place of arbitration shall be in Kuala Lumpr, Malaysia with the arbitration proceedings conducted in English, except in the event of a claim for less than $1,000, such arbitration may be conducted telephonically at either party's election.

19. Emails & Correspondences

By Joining graduan.com.my, you acknowledge and agree that graduan.com.my will send member emails relating to their member account, transactions and graduan.com.my promotions. You can opt out of your subscription to graduan.com.my e-mail services at any time by logging in to graduan.com.my and selecting Notification Preferences under the heading Account Settings. You can also unsubscribe to special promotional e-mails at any time by clicking on the unsubscribe link in any of our email communications.

20. Payment of fees

All amounts owed to Graduan must be paid within the specified payment terms.

21. Term and Termination

These Terms will remain in full force and effect while you are a user of Graduan. Graduan reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the Graduan Website and immediate termination of your registration with or ability to access the Graduan Website, upon any breach by you of these Terms or if Graduan is unable to verify or authenticate any information you submit to a Graduan Website registration.

22. Refund

Any refund of payment made by Graduan shall be at the sole discretion of Graduan.