Terms of Use

TERMS OF USE “AIS KACANG”
Please read these terms and conditions (“Terms of Use”) before you use and/or visit this website or AIS KACANG mobile applications (including all content available through AIS KACANG.COM.MY domain name, the AIS KACANG website and AIS KACANG mobile applications) which are owned by Synchrosound Studio Sdn. Bhd. [collectively referred to “AIS KACANG”]. By listening, downloading or subscribing to our podcast services from AIS KACANG or register an account for AIS KACANG you agree to be bound by Terms of Use and other terms mentioned herein. AIS KACANG is referred to as “we” or “us”. We reserve the right to revise, change, modify, alter or amend the Terms of Use at any time without prior notice. Please visit this page regularly to review for the current terms. Your access or use of AIS KACANG will be deemed as an irrevocable acceptance of such revisions, changes, modifications, alterations or amendments.

AIS KACANG Website
The Terms of Use apply to all users of AIS KACANG, including users who are contributors of the content, materials and/or services on AIS KACANG website. This website may contain links to third party websites that are not owned or controlled by AIS KACANG. We have no control over these websites and we are not responsible for the content or privacy policies of any third party websites. Please read the terms and conditions and privacy policy of each website that you visit.

Violation of the Terms of Use may result in a warning notification or may result in termination of your AIS KACANG user ID and deletion of all your contents. We decide at our sole discretion if we believe your violation of the Terms of Use or other terms imposed by AIS KACANG should result in such termination or deletion of content.

In connection with the use of AIS KACANG website, you shall abide by all applicable laws including those pertaining to libel, slander, defamation, product disparagement, harassment, invasion of privacy, personal data, tort, obscenity, indecency and intellectual property. The information and content available on AIS KACANG website, may include intellectual property that is protected under applicable copyright, trademark and other intellectual property laws. Such intellectual property laws prohibit the unauthorised reproduction, distribution or exhibition of all text, photographic and graphic, images, music, sound samplings and other protected materials. The violation of applicable intellectual property laws may give rise to civil and criminal penalties.

When interacting with other users/visitors for their services, you should do so with caution and common sense to protect your personal safety and property. We, our affiliates or licensors are not responsible for the conduct, whether online or offline, of any user/visitor of the services. We, our affiliates or licensors will not be liable for any claim, injury or damage arising in connection with your use of the services.

We hereby grant you permission to use AIS KACANG website as set forth in the Terms of Use provided that your use of AIS KACANG website as permitted is solely for your personal, non-commercial use.

Privacy Policy
Our Privacy Policy applies to the use of AIS KACANG website and is made part of these terms. It also explains our policy related to the collection, use and storage of your personal information. By accessing and using AIS KACANG website or any service provided on AIS KACANG website, you consent and agree to the terms specified in the Privacy Policy and all our actions taken in respect with your personal data consistent with our Privacy Policy. Click here to read our Privacy Policy.

Content
All content that are published by us may not be copied, reproduced, republished, performed, uploaded, posted, transmitted, or distributed in any way, without our prior written permission.

Acceptance of Terms
You must be eighteen (18) years of age and above in order to use and access the features and services of AIS KACANG or make any transactions on AIS KACANG. By using AIS KACANG you represent and warrant that you are a legal adult, you are fully able and legally competent to enter into a binding contract with us and comply with these terms and conditions. If you are under eighteen (18) years old, we may refuse service, cancel subscription or terminate your account at our sole discretion.

AIS KACANG User Published Content
We provide a podcast platform consisting of audio content and later other types of media formats that are using a RSS feed and associated file so that the file may be played from your computer and mobile devices.

Podcasters
If you wish us to publish your content (audio, video, photo and et cetera) [“User Material”] on AIS KACANG website, you are required to submit an application form to us. When submitting the form, you are required to provide your full name, an AIS KACANG user ID, password and e-mail address or mobile phone number. You must provide accurate and complete information. You must have a valid email account so that you may receive notifications via emails from us. You can only have one AIS KACANG user ID. You must never use another user’s AIS KACANG user ID without permission. You are solely responsible for the activity that uses your AIS KACANG user ID and you must keep your AIS KACANG user ID secure. You must notify us immediately of any breach of security or unauthorised use of your AIS KACANG user ID. Although we will not be liable for your losses caused by unauthorised use of your AIS KACANG user ID, you may be liable for our losses or others due to such unauthorised use.

We shall review your content upon receiving it before we decide to publish the content. We reserve the right to filter, edit, remove any part of the User Materials or refuse to post any User Material at any time and for any or no reason in our absolute and sole discretion without prior notice. In some circumstances, there may be some delay in posting the User Materials due to such process. If we have some questions about the User Materials, we reserve the right to contact you for further information, including to verifying that you own the copyright or otherwise have the right to post the User Materials.

Your Content Materials
You can only submit User Materials that you made, own or have the necessary rights and permission to use and distribute. You represent and warrant that:

  • you own the User Materials submitted to us for publication on AIS KACANG or otherwise have all the necessary rights and permissions to use, distribute, license and authorise us to use, publish and distribute such User Materials on AIS KACANG;
  • The User Materials that you submitted does not violate any privacy right, publicity right, copyright or other intellectual property right of any third party. You agree to pay for all royalties and fees owing any third party by reason of any User Material that you post on AIS KACANG or submit to us for publication on AIS KACANG;
  • you shall inform us the owner of content that you use in your User Materials for us to mention or state the credit to such owner;
  • you are allowed to embed the URL(s) that contain the User Materials hosted on AIS KACANG to your own website, blogs, social media platforms, applications, platforms or services, provided always : (a) the embedded URL on such sites, applications, platforms or services shall redirect any visitor or user on such sites, back to AIS KACANG website; (b) you do not insert any intermediate page, splash page or other content between the URL(s) and the applicable page of AIS KACANG services; (c) the URL(s) do not suggest or endorse any third party’s causes, ideas, sites, applications, platforms, products or services; (d) you do not use AIS KACANG content and/or the User Materials, for inappropriate uses or commercial purposes; and (e) you provide attribution to AIS KACANG next to the said URL(s);
  • you will not alter or modify any part of AIS KACANG website or any content hosted on AIS KACANG website, including the User Materials, for any purpose;
  • you may not reproduce, distribute, republish, upload, transmit, display, disclose, share, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purpose any copyrighted material on AIS KACANG services without our prior written consent, except as provided in the Terms of Use.

We shall contact you within five (5) working days to inform whether your content is accepted for publication. If we do not contact you after five (5) working days, your application shall be deemed unsuccessful and your content and personal data shall be deleted from our database.

After we accept, we shall have the right at our sole discretion to determine whether or how to publish the said content. By you submitting to us the User Materials, you agree to allow us to insert additional audio,. we are also entitled to edit, modify, add or censor any part of the content at our sole discretion for the purpose of publishing the User Materials on AIS KACANG website.

We will refuse, reject or will not accept, a content in the event of the following reasons:

  • the content does not meet the guidelines and requirements that are determined by us;
  • the content has unacceptable or unrequested sound effects or any other undesirable sound qualities;
  • the content has unacceptable background noise levels;
  • we believe or find that you have submitted a plagiarised content or the content has infringed on the rights of a third party including copyright, trademark, privacy, personal, publicity, moral or proprietary rights;
  • your personal information are incorrect or false;
  • you impersonate another user;
  • you submit the content under a false name or a false email address or under an impersonated user submission form.

If you breach your warranties mentioned above, and if your content is deemed as libellous, slanderous, defamatory, offensive, deceptive, product disparaging, threatening, abusive, racist, harassing, incendiary, indecent, obscene, invading of privacy, fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of AIS KACANG or any third party (including intellectual property rights or privacy rights) or otherwise shows any person, entity or brand in a bad or disparaging light, we are entitled to remove the said content from AIS KACANG.

You acknowledge that the User Materials submitted by you and hosted on AIS KACANG website may be routed through the servers of one or more third parties, including our servers, over the internet and may be accessed by our employees and the public. You acknowledge that AIS KACANG services, including the social networking features, forums, discussion, our contact page and other features of AIS KACANG services, are for public and not for private communications.

Your Content Intellectual Property Rights
You retain the copyright and other proprietary rights in the User Materials that you made and that we published on AIS KACANG website or through AIS KACANG. However, by submitting User Materials on AIS KACANG website or through AIS KACANG, you grant us, you hereby grant us, our affiliates, our radio stations, our content providers, users of AIS KACANG and their licensees, a non-exclusive, royalty free worldwide transferable license and sub-license rights (multiple tiers) to use, copy, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats, channels or platforms, whether now known or hereafter devised, including AIS KACANG, AIS KACANG services, all of our platforms (“Platforms”), broadcast on radio or television, without payment and without further notice to you or request for consent.

You further grant us, our affiliates, our partners and our licensees the right to use the User Materials. If you have any questions about these rights, please contact us at www.aiskacang.com.my.

AIS KACANG Podcast Advertising for Podcasters
If an advertiser wishes to place advertisement on or sponsor your User Materials that are hosted on AIS KACANG website, then all business transactions must occur within AIS KACANG website or within AIS KACANG for one (1) full year. You are not allowed to conduct any business with the sponsor outside AIS KACANG website or AIS KACANG before the expiry of one (1) year term. If you fail to meet the requirements of the advertisement campaign or if you breach the advertising campaign terms and conditions, you agree to reimburse us for any expenses, including legal fees and loss of revenue to us that result from your breach.

You agree to let us host the User Materials on AIS KACANG for a minimum of one (1) year after the User Materials are published. Notwithstanding the aforesaid, we are entitled to extend this period, at our sole discretion.

AIS KACANG Podcast Advertising for Advertisers/Sponsors
AIS KACANG
is an online venue for advertisers to advertise on podcasts. Each podcast is owned and operated by us. Please watch this space for future exciting opportunities to create revenue with us!

AIS KACANG Services
The term “services” means any service provided by us via AIS KACANG including but not limited to the provision by us to you of specified connectivity, storage space and bandwith for the hosting of your text, audio or video by us. You also understand and agree that the services may include advertisements and that these advertisements are necessary for us to provide the services. You also understand that the services may include certain communications from us, such as service announcements, administrative messages, AIS KACANG newsletter, and that these communications are considered part of your subscription and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the existing services, shall be subject to the Terms of Use. You agree not to access the services by any means other than through the interfaces that are provided by AIS KACANG for use in accessing the services. In addition, whenever we refer to your use of AIS KACANG website, the said use shall meant to include but not limited to your use of any service offered by us via AIS KACANG website. You will not copy or distribute any part of AIS KACANG website in any medium without our prior written authorisation.

Account Registration
You must register an account with us before we can publish your content. To do this, you must be a subscriber. When creating an account, you are required to provide your full name, an AIS KACANG user ID, password and e-mail address or mobile phone number. When creating an account, you must provide accurate and complete information. You must have a valid email account so that you may receive notifications via emails from us. Upon registration, your account is duly created.

Suspension or Termination of Account
The following events (which is not exhaustive) will entitle us to suspend or terminate your account temporarily or indefinitely:

  • You breach the Terms of Use and/or other terms and conditions notified by us;
  • You provide us with wrong, inaccurate, incomplete or false information;
  • You perform fraudulent activities or fraudulent activities are performed by third parties under your account; and
  • You use another user’s account without permission or impersonate another user to subscribe to AIS KACANG.

 

Intellectual property rights
All logos, icons, graphics, trade names, service marks, trademarks, images, text, websites, domain names, and other intellectual properties in relation to AIS KACANG (“Marks”) are intellectual properties owned by us. We also reserve all intellectual property rights in all content including design, layout, images and text of AIS KACANG website (“Content”) and on the Platforms. All intellectual property rights are protected by international treaties and applicable intellectual property laws in Malaysia. You are not allowed to reproduce, distribute, publish, imitate in any format, any of the Content or the Marks for any commercial or business purpose without our express written consent. If you breach this term, we reserve our rights to take appropriate legal action against you.

To the extent permitted by law, we reserve the right to change, rearrange, add, modify or delete any Content including without limitation, the features, design and layout of AIS KACANG website, the podcast, advertisements, podcast schedules that are presented or published on AIS KACANG website.

Other marks, logos and names appear on AIS KACANG website may owned by third parties. You are responsible to ensure that their intellectual property rights are not infringed. You will indemnify us against any loss or damage arising out of a third party claim which arises from such intellectual property rights infringement.

Copyright Infringements
You acknowledge and agree that you are expressly forbidden from using any unauthorised use of copyrighted material or musical or literary works including but not limited to any podcast of yours syndicated by us via AIS KACANG website. You affirm that you own the rights to the material you are placing on AIS KACANG website, have obtained the proper clearances or rights to do so. You agree that the material you publish or posted on AIS KACANG does not violate copyright, trademark or patent laws, is not pornographic, plagiaristic or defamatory, is not a spam and does not violate any third party’s privacy rights. We reserve the right to remove material or content we determine in our sole discretion violates the Terms of Use. We also reserve the right to terminate the account of any user who violates these terms.

If you believe your work has been copied in a way that constitutes infringement on AIS KACANG or via the services offered through AIS KACANG website, please inform us and provide the following information to us at (www.aiskacang.com.my):

  • The identity of the person authorised 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 that you claim is infringing is located on the AIS KACANG website; and
  • A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law.

 We will investigate the copyright infringement and respond to you with its results within thirty (30) days upon receipt of your notice. However the said duration may extend if the investigation requires such additional time to obtain further information.

Allowed Content for reviews and comments
You or visitors may post reviews, comments, suggestions, ideas or questions regarding the contents that are hosted on AIS KACANG website. We shall remove or edit any reviews, comments, suggestions, ideas or questions that we find or believe are obscene, indecent, violent, offensive, defamatory, illegal, threatening to public moral and safety, infringing intellectual property rights, invading privacy or anything that violates the regulations of the Malaysian Communications and Multimedia Content Code. The said reviews, comments, suggestions, ideas or questions must not contain viruses, consist of mass mailings or “spam”.

You represent and warrant that the content that you post is owned by you or you control all the rights to the content that you post, that the content is accurate and will not cause injury to any person or entity. By posting on AIS KACANG website, you hereby grant us, our affiliates, subsidiaries, agents and distributors the right to use, copy, display, adapt, transmit, distribute, publish and promote the said content in any medium for marketing and promotion purposes or otherwise for any other purpose.

Limited liability and Indemnity
We are not liable for any claims including third parties’ for direct, indirect, special consequential, punitive or incidental (including but not limited to loss of revenue, loss of profits, loss of goodwill, loss of reputation, loss of privacy, loss of data or the cost of procurement of substitute products arising out of or from use, inability to use, performance or failure of AIS KACANG website, that arise out of or relating to network service providers’ problems or your device problems, regardless such damages are foreseeable or arise in contract, tort, equity, restitution, statute or common law.

You shall indemnify us, our subsidiaries and affiliates, from any claims, demands and actions made against us by third parties due to or arising out of or from your breach of the Terms of Use and other terms specified under AIS KACANG or any third party claim concerning your use or any other users of AIS KACANG services (including any activities under your AIS KACANG account); breach of the Terms of Use or violation of applicable laws by you or any user; your content or the combination of your content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third party rights by your content or by the use, development, design, production, advertising or marketing of your content; or a dispute between you and any user. If we or our affiliates are obligated to respond to a third party summons or legal actions described above, you will reimburse us for legal fees and other related costs for us to respond to such legal actions.

Disclaimer and Limitation of Liability
We make no warranty that AIS KACANG or that the podcast of AIS KACANG or that any content, software and services accessible on or through AIS KACANG will be of satisfactory quality, meet your requirements, accurate, timely, uninterrupted or error free, are true, accurate, or are free of viruses or other harmful components. We do not guarantee that the results that may be obtained from the use of AIS KACANG, including any support services will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use AIS KACANG (either directly or through third-party networks) at all times or at locations of your choosing. Nor oral or written information or advice given by our representatives shall create a warranty.

We disclaim all warranties with respect to transmission of broadcasting AIS KACANG and transactions performed through the service generally. We make no representations or warranties as to the quality of the programs or any transmission over AIS KACANG.

To the extent permissible by applicable law, under no circumstances, we shall be liable for any direct, indirect, special or consequential damages for loss of profits arising from or due to the use of or inability to use AIS KACANG due to service interruptions caused by network service providers; failure of performance, error, omission, interruption, delay in operation or transmission; any type of virus; any changes to AIS KACANG and unauthorised access to or alteration of your transmissions or data; delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of this Site or making payments online; any communication, transmission, material or data sent or received or not sent; or any transactions entered into or through AIS KACANG arising from or in connection with the fraudulent or unlawful acts of any third party. Further we cannot guarantee continuous or secure access to our services and operation of AIS KACANG website may be interfered with numerous factors beyond our control.

We are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or infringement of another’s rights including intellectual property rights.

We are not responsible for other users’ actions or inactions, including content that they may post on AIS KACANG website. You acknowledge that we are not a traditional online retailer. We are not involved in the actual transaction between buyers and sellers that advertise on AIS KACANG website. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of the content, the ability of the sellers to sell the items, the ability of buyers to pay for items, or that they will actually complete a transaction. AIS KACANG website.

Links to AIS KACANG Services
Although we encourages and permits links to the contents hosted on AIS KACANG website, we do not suggest, endorse, promotes or advertise any third party’s causes, ideas, reviews, sites, products and services of those links and we do not allow those links to use the contents hosted on AIS KACANG website for any inappropriate or commercial uses or purposes in any way that is unlawful or harmful to any third party. We reserve the right to withdraw permission to any link.

Website Access
You agree not to use or launch any automated system that accesses AIS KACANG website in a manner that sends more request messages to the AIS KACANG servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, we grant public search engines operators’ permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We however, reserve the right to revoke these exceptions. You agree not to collect or harvest any personally identifiable information, including account names, from AIS KACANG website, nor to use the communication systems provided by AIS KACANG website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of AIS KACANG website with respect to their accounts registration or content submissions.

Governing Law
Your use of AIS KACANG website shall be governed by laws of Malaysia.

No Waiver
Our failure to insist upon or enforce strict performance of any provision of the Terms of Use shall not construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of the Terms of Use. If any provisions of the Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.