Terms of Service

Welcome to Splenday! Here is a quick summary of the highlights of our Terms of Service:

  • Our mission is to share and grow the world’s knowledge about the world of recruitment. The Splenday platform offers a place to ask questions and connect with people who contribute unique insights and quality answers. This empowers people to learn from each other and to better understand the world.
  • You own the content that you post; you also grant us and other users of the Splenday platform certain rights and license to use it. The details of these licenses are described in section 3(c) below.
  • You are responsible for the content that you post. This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party (for example, defamation) or any applicable laws.
  • You can repost content from Splenday elsewhere, provided that that you attribute the content back to the Splenday platform and respect the rights of the original poster, including any “not for reproduction” designation.
  • We do not endorse or verify content posted by users. Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the Splenday platform. Posts from lawyers, doctors, and other professionals should not be treated as a substitute for professional advice for your specific situation.
  • You agree to follow the rules of our platform. When you use the Splenday platform, you also agree to our Terms of Service, accept our Privacy Policy, and agree to follow our Acceptable Use Policy, and Trademark Policy.
  • We offer tools for you to give feedback and report complaints. If you think someone has violated your intellectual property rights, other laws, or Splenday’s policies, you can initiate a report at the contact us portal.

Terms of Service

Effective date: March 27th, 2018

Thank you for using Splenday! We’re happy you’re here. Please read this Terms of Service agreement carefully before accessing or using Splenday. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.


Section What can you find there?
A. Definitions Some basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification.
B. Account Terms These are the basic requirements of having an account on Splenday.
C. Acceptable Use These are the basic rules you must follow when using your Splenday account.
D. Content You own the content you post on Splenday. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you.
E. Private Repositories This section talks about how Splenday will treat content you post in private repositories.
F. Intellectual Property Notice This describes Splenday’s rights in the website and service.
G. Additional Terms for Splenday Pages We have a few specific rules for content hosted using Splenday Pages.
H. Cancellation and Termination You may cancel this agreement and close your account at any time.
I. Communications with Splenday We only use email and other electronic means to stay in touch with our users. We do not provide phone support.
J. Disclaimer of Warranties We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
K. Limitation of Liability We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
L. Release and Indemnification You are fully responsible for your use of the service.
M. Changes to these Terms of Service We may modify this agreement, but we will give you 30 days’ notice of changes that affect your rights.
N. Miscellaneous Please see this section for legal details including our choice of law.

A. Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There’s not going to be a test on it, but it’s still useful information.

The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the Splenday Privacy Statement, available at splenday.com.my/site/privacy) and procedures that we may publish from time to time on the Website. Most of our site policies are available at help.splenday.com.my/categories/site-policy.

The “Service” refers to the applications, software, products, and services provided by Splenday.

The “Website” refers to Splenday’s website located at splenday.com.my, and all content, services, and products provided by Splenday at or through the Website. It also refers to Splenday’s-owned subdomains of splenday.com.my, such as thejobbusiness.com. These Terms also govern Splenday’s mobile application. Occasionally, websites owned by Splenday may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.

The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 18 years of age. Special terms may apply for business or government accounts (See Section B(8): Additional Terms).

Splenday,” “We,” and “Us” refer to Splenday Asia Sdn. Bhd., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.

B. Account Terms

Short version: A human must create your account; you must be 18 or over; you must provide a valid email address; and you may not have more than one free account. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.

1. Registration

When you set up a profile on the Splenday Platform, you will be asked to provide certain information about yourself. You must provide a valid email address in order to complete the signup process. You agree to provide us accurate information, including your real name, when you create your account on the Splenday Platform. We will treat information you provide as part of registration in accordance with our Privacy Policy. You should take care in maintaining the confidentiality of your password.

2. Account Requirements

We have a few simple rules for accounts on Splenday’s Service.

You must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted. We do permit machine accounts:

A machine account is an account set up by an individual human who accepts the Terms on behalf of the account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine’s actions. You may maintain no more than one free machine account in addition to your free personal account.

One person or legal entity may maintain no more than one free account (if you choose to control a machine account as well, that’s fine, but it can only be used for running a machine).

You must be age 18 or older. While we are thrilled to see brilliant young users get excited by Splenday, we must comply with Malaysian law. Splenday does not target our Service to children under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s account immediately. If you are a resident of a country outside Malaysia, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.

Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid organization account may create separate logins for as many users as its subscription allows.

Overall, the number of Users must not exceed the number of accounts you’ve ordered from us.

3. Privacy Policy

Our privacy practices are set forth in our Privacy Policy. By use of the Splenday Platform, you agree to accept our Privacy Policy, regardless of whether you are a registered user.

4. Acceptable Use Policy

In your interaction with others on the Splenday Platform, you agree to follow the Acceptable Use Policy at all times.

5. Changes to the Splenday Platform

We are always trying to improve your experience on the Splenday Platform. We may need to add or change features and may do so without notice to you.

6. Feedback

We welcome your feedback and suggestions about how to improve the Splenday Platform. Feel free to submit feedback at splenday.com.my/contact. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.

7. User Account Security

You are responsible for keeping your account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your account’s security, but the content of your account and its security are up to you.

You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).

You are responsible for maintaining the security of your account and password. Splenday cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You will promptly notify Splenday if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.

8. Additional Terms

In some situations, third parties’ terms may apply to your use of Splenday. For example, you may be a member of an organization on Splenday with its own terms or license agreements; you may download an application that integrates with Splenday; or you may use Splenday to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties’ terms govern their relationships with you.

C. Acceptable Use

Short version: Splenday hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.

1. Compliance with Laws and Regulations

Your use of the Website, Mobile App and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

  • is unlawful or promotes unlawful activities;
  • is or contains sexually obscene content;
  • is libellous, defamatory, or fraudulent;
  • is discriminatory or abusive toward any individual or group;
  • contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
  • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

3. Conduct Restrictions

While using Splenday, you agree that you will not under any circumstances:

  • harass, abuse, threaten, or incite violence towards any individual or group, including Splenday employees, officers, and agents, or other Splenday Users;
  • use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
  • attempt to disrupt or tamper with Splenday’s servers in ways that could harm our Website or Service, to place undue burden on Splenday’s servers through automated means, or to access Splenday’s Service in ways that exceed your authorization,
  • impersonate any person or entity, including any of our employees or representatives, including through false association with Splenday, or by fraudulently misrepresenting your identity or site’s purpose; or
  • violate the privacy of any third party, such as by posting another person’s personal information without consent.

4. Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Splenday’s express written permission.

5. Scraping

Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through Splenday’s API. You may scrape the website for the following reasons:

  • Researchers may scrape public, non-personal information from Splenday for research purposes, only if any publications resulting from that research are open access.
  • Archivists may scrape Splenday for public data for archival purposes.

You may not scrape Splenday for spamming purposes, including for the purposes of selling Splenday users’ personal information, such as to recruiters, headhunters, and job boards.

All use of Splenday data gathered through scraping must comply with the Splenday Privacy Statement.

6. Privacy

Misuse of Splenday Users’ Personal Information is prohibited.

Any person, entity, or service collecting data from Splenday must comply with the Splenday Privacy Statement, particularly in regards to the collection of our Users’ Personal Information (as defined in the Splenday Privacy Statement). If you collect any Splenday User’s Personal Information from Splenday, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from Splenday, and you will respond promptly to complaints, removal requests, and “do not contact” requests from Splenday or Splenday Users.

7. Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other Splenday customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.

8. User Safety

There is absolutely no tolerance for objectionable content or abusive users on Splenday.

  • If users posted against our Content Restrictions (as highlighted on Section C.2.), you should flag the content by messaging us immediately at the “Talk to Splenday” section.
  • Abusive users who performed against Conduct Restrictions (Section C.3.) should be blocked by tapping on the 3 dots icon on the upper right corner, then choose the “block” option.

All Content and Conduct Restrictions message will be moderated by Splenday. We will act on objectionable content reports within 24 hours by removing content and ejecting the user who provided the offending content.

9. User Protection

You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.

D. Content

Short version: You own the content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.

1.  Your Content

a   Definition of Your Content. The Splenday Platform enables you to add posts, texts, photos, videos, links, and files to share with others. All material that you upload, publish or display to others via the Splenday Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Splenday Platform, Your Content may be viewed by the general public.

b   Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted to us below.

c   License and Permission to Use Your Content.

i    By submitting, posting, or displaying Your Content on the Splenday Platform, you grant Splenday and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, and otherwise use Your Content in connection with the operation or use of the Splenday Platform or the promotion, advertising or marketing thereof, in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Splenday to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with Splenday for the syndication, broadcast, distribution or publication of Your Content through other media or distribution methods. This license also includes the right for other users of the Splenday Platform to use and modify Your Content, subject to our Terms of Service.

ii  Once you post an answer to a question, you may not  edit or delete your answer at any time from public display on www.splenday.com.my, except in the case of anonymously posted answers. However, we may not be able to control removal of the answer from display on syndicated channels or other previously distributed methods outside of www.splenday.com.my.  Splenday may remove suspected spam from your answers. Once you post a question, it is not able to be edited or deleted by other users or by Splenday at any time, but Splenday is allowed to hide the question. The right for Splenday to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.

iii   You acknowledge and agree that Splenday may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Splenday, its users, or the public.

iv  You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.

v   You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third-parties of any of Your Content outside of the Splenday Platform or in violation of our Terms of Service.

d   Your Responsibilities for Your Content. By posting Your Content on the Splenday Platform, you represent and warrant to us that:

i    you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and

ii   that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate Splenday’s Acceptable Use Policy, Trademark Policy, other published Splenday’s policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.

2 Our Content and Materials

a  Definition of Our Content and Materials. All intellectual property in or related to the Splenday Platform (specifically including, but not limited to our software, the Splenday marks, the Splenday logo, but excluding Your Content) is the property of Splenday Asia Sdn Bhd., or its subsidiaries and affiliates, or content posted by other Splenday users licensed to us (collectively “Our Content and Materials”).

b   Data. All data Splenday collects (“Data”) about use of the Splenday Platform by you or others is the property of Splenday Asia Sdn Bhd, its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.

c   Our License to You.

i     We grant you a limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the Splenday Platform in connection with your use of the Splenday Platform, subject to the terms and conditions of this Agreement.

ii    Splenday gives you a worldwide, royalty-free, revocable, non-assignable and non-exclusive license to re-post Our Content and Materials anywhere on the web provided that: (a) the content in question was added to the Splenday Platform after April 20,2018; (b) the user who created the content has not explicitly marked the content as not for reproduction on the Splenday Platform; (c) you do not modify the content; (d) you attribute Splenday by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content on https://splenday.com.my on every page that contains Our Content and Materials; (e) upon request, either by Splenday or a user, you remove the user’s name from content which the user has subsequently made anonymous; (f) upon request, either by Splenday or by a user who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the Splenday Platform; and (g) upon request, either by Splenday or by a user who contributed to the content, you make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the Splenday Platform; (h) you don’t republish more than a small portion of Our Content and Materials. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by Splenday, or any Splenday user, without separate, express prior written permission from us.

iii   We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the Splenday Platform or to remove content. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

d   Permitted uses. If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, you may access the Splenday Platform, subject to the following additional rules: i) you must use a descriptive user agent header; ii) you must follow robots.txt at all times; iii) your access must not adversely affect any aspect of the Splenday Platform’s functioning; and iv) you must make it clear how to contact you, either in your user agent string, or on your website if you have one.

e   No Endorsement or Verification. Please note that the Splenday Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the Splenday Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Splenday Platform by anyone.

f    Ownership. You acknowledge and agree that Our Content and Materials remain the property of Splenday’s users or Splenday. The content, information and services made available on the Splenday Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.

E. Private Repositories

Short version: You may have access to private repositories. We treat the content of private repositories as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.

1. Control of Private Repositories.

Some accounts, such as paid accounts, may have private repositories, which allow the User to control access to Content.

2. Confidentiality of Private Repositories.

Splenday considers the contents of private repositories to be confidential to you. Splenday will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.

3. Access

Splenday employees may only access the content of your private repositories in the following situations:

  • With your consent and knowledge, for support reasons. If Splenday accesses a private repository for support reasons, we will only do so with the owner’s consent and knowledge.
  • When access is required for security reasons.
  • You may choose to enable additional access to your private repositories. For example:
    • You may enable various Splenday services or features that require additional rights to Your Content in private repositories. These rights may vary depending on the service or feature, but Splenday will continue to treat your private repository Content as confidential. If those services or features require rights in addition to those we need to provide the Splenday Service, we will provide an explanation of those rights.
    • You may also grant a third-party application authorization to use, access, and disclose the contents of your private repositories. Your use of third-party applications is at your sole risk; Splenday is not liable for disclosures to third parties that you authorize to access a private repository.

4. Exclusions.

If we have reason to believe the contents of a private repository are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your private repositories.

F. Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. Splenday’s Rights to Content

Splenday and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Splenday Asia Sdn Bhd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Splenday.

2. Splenday Trademarks and Logos

If you’d like to use Splenday’s trademarks, you must follow all of our trademark guidelines, including those on our logos page: http://splenday.com.my/logos

G. Additional Terms for Splenday Pages

Short version: The Splenday Pages hosting service is subject to certain rules, in addition to the rest of the Terms.

Each Splenday account comes with access to the Splenday Pages static hosting service. This hosting service is intended to host static web pages for Splenday users. Splenday Pages are subject to some specific bandwidth and usage limits, and may not be appropriate for some high-bandwidth uses. Please see our Splenday Pages guidelines for more information.

Splenday reserves the right at all times to reclaim any Splenday subdomain without liability.

H. Cancellation and Termination

Short version: You may close your account at any time. If you do, we’ll treat your information responsibly.

1. Account Cancellation

Termination. Should you decide to cancel your Splenday account, send us a message on our contact portal with the subject title “Cancellation Request.” We will respond to your request and cancel the account within 48 hours.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your account is cancelled.

We will not delete Content that you have contributed to other Users’ repositories or that other Users have forked.

Upon request, we will make a reasonable effort to provide an account owner with a copy of your lawful, non-infringing account contents after account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.

3. Splenday May Terminate

Splenday has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Splenday reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

I. Communications with Splenday

Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to Splenday Must Be in Writing

Communications made through email or Splenday Support’s messaging system will not constitute legal notice to Splenday or any of its officers, employees, agents or representatives in any situation where notice to Splenday is required by contract or any law or regulation.

3. No Phone Support

Splenday only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

J. Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

Splenday provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Splenday does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

K. Limitation of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

  • the use, disclosure, or display of your User-Generated Content;
  • your use or inability to use the Service;
  • any modification, price change, suspension or discontinuance of the Service;
  • the Service generally or the software or systems that make the Service available;
  • unauthorized access to or alterations of your transmissions or data;
  • statements or conduct of any third party on the Service;
  • any other user interactions that you input or receive through your use of the Service; or
  • any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

L. Release and Indemnification

Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release Splenday from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Splenday (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Splenday of all liability); and (3) provides to you all reasonable assistance, at your expense.

M. Changes to These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes aren’t that important — we don’t want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

N. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Splenday and any access to or use of the Website or the Service are governed by the federal laws Malaysia, without regard to conflict of law provisions. You and Splenday agree to submit to the exclusive jurisdiction and venue of the courts located in Malaysia.

2. Non-Assignability

Splenday may assign or delegate these Terms of Service and/or the Splenday Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Splenday to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Splenday. These Terms of Service, together with the Splenday Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Splenday relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

6. Questions

Have more questions about the Terms of Service? Contact us.