Terms Of Service

UPDATED AND EFFECTIVE AS OF [18 MAY, 2023]
Welcome to the Xamble Creators website https://creators.xamble.com (“Site”) and/or Xamble Creators mobile apps (“App”) (collectively, the “Platform”) owned and operated by Xamble Creators Sdn Bhd (“Xamble Creators”, “we”, “us”, “our”). 
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY SO THAT YOU ARE AWARE OF YOUR RIGHTS AND OBLIGATIONS IN RESPECT OF THE ACCESS AND USE OF THE PLATFORM AND/OR SERVICES PROVIDED BY US.
BY ACCESSING THE PLATFORM, USING THE SERVICES AND/OR REGISTERING FOR AN ACCOUNT WITH US, YOU GIVE YOUR ACCEPTANCE OF AND CONSENT TO THESE TERMS, WHICH SHALL INCLUDE THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO AND/OR IMPOSED BY US FROM TIME TO TIME. YOUR ACCEPTANCE OF THESE TERMS SHALL CONSTITUTE LEGALLY BINDING AGREEMENT BETWEEN XAMBLE CREATORS AND YOU AS THE USER. IF YOU DO NOT AGREE WITH THESE TERMS, IN WHOLE OR IN PART, PLEASE DISCONTINUE ACCESSING AND USING THE PLATFORM, ACCOUNT AND/OR SERVICES IMMEDIATELY.

1. INTRODUCTION

1.1 The “Services” we provide or make available include (a) the Platform; (b) any features, software and tools provided or introduced from time to time on the Platform, including but not limited to, features allowing content creators, influencers and/ or marketers (“Creators”) to engage with other users of the Platform including campaign owners, brands and agencies (“Campaign Owners”), to submit applications and contents to Campaign Owners to, among others, provide or secure collaboration opportunities and job opportunities offered by Campaign Owners, dashboard to enable Creators to streamline all its activities and monitor its progress, pocket to enable seamless receipt of payment for secured collaborations or job; and (c) all information, linked pages, features, data, text, images, videos, posts, messages, tags, content, programming, application services (including, without limitation, any mobile application services) or other materials made available on or through the Platform or its related services (“Content”). Any new features added to or augmenting the Services are also subjected to these Terms of Service. These Terms of Service shall bind all users who use the Platform and/or any Services provided by us such as our customers and/or consumers (“Users”, “User”, “you” or “your”).
1.2 We reserve the right to change, modify, suspend or discontinue all or any part of the Platform and/or the Services at any time or upon notice as required by local laws. We may release new features in a beta or trial version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire, Platform and/or Services in our sole discretion and without notice and any liability to you. We may also update these terms of service to include terms relating to the new features. Your continued use of the new features shall constitute your acknowledgement, acceptance and agreement of these terms.

2. CAPACITY

2.1 Please do not use or access the Platform and/or our Services if you are under the age of eighteen (18) or the legal age for giving consent pursuant to the applicable laws in your jurisdiction (“Legal Age”). If you are below the Legal Age, you must get permission from a parent or legal guardian to open an Account and that parent or legal guardian must agree to these Terms of Service on your behalf. In such circumstances, we reserve the right to request for further information and/or documents.
2.2 If you are accessing the Platform and/or using our Services on behalf of a corporate body, you must ensure that you are duly authorised by the corporate body and have the full right and authority to access the Platform, open an Account and/or use our Platform or Services on behalf of the corporate body in accordance with these Terms of Service.

3. TERMS OF SERVICE

3.1 This Terms of Service comprises the terms set out here and such other policies referenced including but not limited to the Privacy Policy, Creator Code of Conduct (“Code of Conduct ”), Community Guidelines and such other Policy as may be introduced by us from time to time.
3.2 We have provided and published a privacy policy on the Platform which sets out our commitments in data protection and our privacy policy in detail. Please read the privacy policy carefully to understand how we collect and use the information associated with your account and/or your use of the services. By using the services or providing information on the platform, you consent to our collection, use, disclosure, storage, transfer and/or processing of your content and data (including personal data) as described in the Privacy Policy.
3.3 Furthermore, we have provided and published a Community Guidelines which sets out the acceptable behaviour and content that is expected of all Users of Xamble Creators. By using the Services offered by the Platform, you agree to abide by the terms set out in the Community Guidelines.
3.4 Additionally, we have provided and published a Code of Conduct on the Platform which sets out the terms governing Creators and/ or that is expected of Creators. By using the Services or posting or publishing or otherwise making available Campaign Post, you agree to comply with the terms set out in the Code of Conduct.
3.5 We may amend, modify or update these Terms of Service from time to time. Any change we made to these Terms of Service will be published on the Platform and, where appropriate, notified to you by email or via the communication channel made available on the Platform, whereupon your continued access to the Platform, account thereafter and/or use of any of the Services shall constitute your acknowledgment, acceptance and agreement of the change we made to these Terms of Service. Please check back frequently to see if there are any updates or changes to these Terms of Service.
3.6 We may at any time or from time to time sub-contract and/or appoint our subsidiaries, affiliates, related entities and/or any third party service provider(s) to operate the Platform and/or provide the Services and/or part thereof on our behalf at our absolute discretion. We shall have the rights to delegate, transfer, assign or novate, in whole or in part, our rights benefits or obligations to our subsidiaries, affiliates, related entities or appointed third party service provider(s) without your consent and/or without notice to you.

4. USER ACCOUNT

Registration of Account
4.1 In order to access and enjoy full functions and features of the Platform and/or our Services, you are required to create and register an account with us (“Account”); if you are an individual, by providing your details, including your name, email address and a password and accepting this Terms of Service; if you are a business, your business information, email address and a password and accepting this Terms of Service.
4.2 In registering with us, you agree to provide or that such information provided to us are accurate, current and complete information about yourself, and to update that information if it changes; if you do not, we have the right to suspend, freeze or cancel the use of Account by you. If we rely on the contents of your application and accept you as the Platform’s User, you irrevocably agree that you shall indemnify and keep us indemnified and hold us harmless for any expense, loss or damage that we may suffer arising from any inaccurate or false statement or misrepresentation of facts submitted by us to you.
Security of Account
4.3 To safeguard the security of the Platform and your Account, you agree to: 
(a) keep your password and/or security code confidential and use only your Account, password and/or security code when logging in;
(b) you will take appropriate steps to logout of your Account at the end of each visit; 
(c) immediately notify us of any unauthorised use of your Account, password and/or security code;
(d) ensure that your Account information is accurate and up-to-date;
(e) use your Account only in accordance with the Terms of Service published (and updated from time to time) by us through online; and
(f) not use your Account in a manner or for any purposes which may detriment and jeopardize Xamble Creators’ operation, interest, reputation or goodwill.  
Identity Verification
4.6 We may from time to time require verification of your identity to confirm your ownership of your Account. This verification process is required for purposes including but not limited to: (i) fulfilling our obligations to the relevant authorities to combat against suspicious or unlawful activities, anti-money laundering activities and the funding of terrorism; (ii) enabling us to take action when unauthorised usage of accounts has been detected; and (iii) resolving any disputes relating to the ownership of an account.
4.7 You hereby irrevocably authorise us, whether acting on our own or through our third party service providers, to make any inquiries and to collect any documentation that we consider necessary to verify your identity. As part of this verification process, we shall request, and you shall provide to us, information about yourself that is true, accurate, current and complete, and which can be verified through documentation that is legally recognized and accepted in the location in which such documentation is issued.

5. FEATURES OF THE PLATFORM

User Profiling
5.1 Upon registering, you may link your social media account (including, but not limited to Instagram account, Twitter account, Facebook account, TikTok account and YouTube account) (“ Social Media Channels ”) and this will subsequently contribute to additional content on the Platform visible to other Users, including brands and agencies.  
5.2 To be able to submit your application of interest for campaigns launched on the Platform, you must connect your Social Media Channels to your Account. By linking your Social Media Channels to your Account, you are granting us your permission to access and view historical account activity, usage data and audience insights of your Social Media Channels, and to publish posts directly to those of your Social Media Channels in accordance with these Terms of Service. Xamble Creators assures that by giving us the access to access and view your Social Media Channels, we shall abide by the terms of service and the privacy policy published by the respective Channels on their site.
5.3 Users, where applicable, may also get verified by our partner agency, Nuffnang Sdn Bhd (“ Nuffnang Verification ” or “ Nuffnang Verified” or “Verified by Nuffnang”). Such verification may increase your chances to be shortlisted and chosen by the relevant Campaign Owner though we and Nuffnang Sdn Bhd makes no guarantee in relation to the same. 
5.4 We may have ranking or placements of our Users and you understand and agree that the ranking and placement of your profile on the Platform is carried out by our system (depending on a variety of factors, including, but not limited to Nuffnang Verification of your Account, post engagement rate, and the Campaign Owner’s ratings) without manual intervention and as such, we shall not be held liable for the same.
Personalized Services
5.5 We use artificial intelligence to gather data in order to personalize our Services. Such data gathered includes how you use our Services, how our Services is performing and personalization of the Contents that appear in your newsfeed. This will ensure that the Contents are personalized to your profile, and this will also prevent repetitive suggestions of the same Content in your newsfeed.
5.6 You acknowledge that we may disclose your data to third party service providers, if required, in the course of personalizing the Content in order to improve the Services provided by us to you.
Chat Feature
5.7 Our in-app chat feature allows all Users to communicate with other Users, through individual chats or group chats (“Community”). All Users shall also abide by the Community Guidelines when communicating with other Users on the Platform.
5.8 Forming a Community.
(a) Any User can form a Community by clicking on “New Community”. By starting a Community, you will automatically be the Community administrator, and your role cannot be removed, unless you are removed from the Community. You can also select any member of the Community (“ Member ”) to be the Community administrator(s) (whether as joint administrator or as a replacement to you), however, we recommend you to do so after careful consideration.
(b) As a Community administrator, there are a list of responsibilities that you will need to abide to:
  • You shall set your Community’s rules and restrictions and this should be communicated clearly in the Community’s profile. The Community administrator shall also set out the circumstances which will cause Members to be muted and/or removed from the Community by the Community administrator or Xamble Creators;
  • You shall delete harmful content and remove abusive Members. If there are any Members that breaches the Community Guidelines, the Community administrator shall remove such Member from the Community as soon as possible to prevent any further damage to the Community;
  • You shall not be intimidated by the Members of your Community. If any Members attempt to bully or intimidate the Community administrator or any other Members of the Community, as the Community administrator, you are responsible to remove them from the Community.
5.9 By joining a Community, you acknowledge that we are not a party to such Community and or any relationship arising therefrom and accordingly, shall not be held responsible for any actions, omissions, contracts or arrangements that occur between the Members, including but not limited to surveys, collaborations, or other activities. As a Member of the Community, you assume full responsibility for your participation in any such activities in the Community and are expected to conduct yourself in a respectful and appropriate manner at all times.
5.10 We reserve the right to backup and store private chats and Community chats for the purpose of preserving evidence in the event of a dispute or investigation. Furthermore, we reserve the right to delete any Community chats without prior notice if we notice any suspicious activity or behaviour. Notwithstanding this, we have no obligation and shall not be held responsible for administering, managing, mediating or arbitrating on any Community or private communications using our in-app chat feature or disputes arising therefrom.
Pocket
5.11 Upon the registration of an Account, a “ Pocket ” will be created for you. If you engage with a Campaign Owner and are subsequently remunerated for a successful post (“Campaign Post”), such remuneration will be seen and deposited into your Pocket. Please refer to Clauses 7.1 and 7.2 for more details on the “deposits” and “withdrawals” from your Pocket.
5.12 You will also be able to access your transaction history of up to the last six (6) months to view the details of deposits and your withdrawals in your Pocket.
Caption Suggestions
5.13 Xamble Creators has third party artificial intelligence integrated (e.g. ChatGPT) to assist Creators with caption suggestions for their posts. This feature is only available only for Creators after the Creator has accepted the Campaign Service Agreement and has been selected for a campaign. To generate a suitable caption, Creators can select the predefined tone of voices and a suitable caption will be generated. However, please note that the suggested caption is generated by a smart software with no human intervention, and as such, we cannot guarantee the accuracy or suitability for your specific needs. Furthermore, the same results may arise for other Creators.
5.14 We recommend that you carefully review the suggested caption, carry out the necessary due diligence on the same and edit it as necessary before using it in your post. Furthermore, please do not copy the suggested caption in its entirety as we do not assume any liability for the accuracy or appropriateness of the generated content and the potential infringement of intellectual property rights.
5.15 You acknowledge that you are solely responsible for the content that you publish and any consequences that may arise from your reliance on the suggestions and that we disclaim all liability arising therefrom. If the Campaign Owner refuses to remunerate you on the basis that you have copied the suggested caption, you acknowledge that Xamble Creators is not responsible for such matters.
Translation
5.16 Xamble Creators offers Users a translation service through third-party providers to assist Users in accessing our Platform in their preferred language. While we strive to provide accurate translations, we cannot guarantee the accuracy, reliability or suitability of these translations. Therefore, we do not assume any liability for errors, omissions, or inaccuracies in translated content. You acknowledge and agree that any reliance on translated content is at your own risk.
Corporate Social Responsibility
5.17 Xamble Creators partners with a few organisations such as APE Malaysia https://apemalaysia.com to make an impact to the sustainable development for the environment. When you trigger the withdrawal of money in your Pocket, we provide Creators the option to donate to our selected organisations.
Platform Fee
5.18 Unless otherwise informed, we do not charge you for your usage of the Platform.

6. SUBMISSION OF DRAFT, PUBLICATION, REMOVAL AND ALTERATION OF CAMPAIGN POST FOR A CAMPAIGN

6.1 You may make an application to participate in a campaign launched by a Campaign Owner that has listed a campaign on the Platform (“Campaign”) in accordance with the instructions listed with such Campaign from time to time. The terms and conditions governing your engagement of the Campaign will be stipulated in a Campaign Service Agreement and E-mail Confirmation which will be sent to you by the Campaign Owner (or Xamble Creators on behalf of the Campaign Owner) via the Platform.
6.2 Your application would be notified to the Campaign Owner which posted the Campaign for their consideration. If the Campaign Owner selects, shortlists or intends to discuss the same with you, you will receive a notification via the Platform, or communication via WhatsApp, e-mail or any other communication deem fit by the Campaign Owner accordingly.
6.3 Depending on the Campaign Service Agreement, you may be required to create a Draft (as defined in the Campaign Service Agreement) and submit it to the relevant Campaign Owner for their consideration or approval through the Platform. You hereby acknowledge and agree that such agreements entered between you and the relevant Campaign Owner is a contract made between you and the Campaign Owner whereby Xamble Creators is not a party to such agreements. If a dispute arises, we may attempt to, but are under no obligation to assist in mediating such dispute.

7. WITHDRAWAL OF MONIES FROM YOUR POCKET

7.1 By selecting “Withdraw”, you will be able to select any and all of the remuneration corresponding to the selected Campaign will be transferred to your selected bank account or to be deposited into your e-Wallet. To trigger withdrawal, the minimum amount is RM 50.00.
7.2 For purposes of receiving the amount withdrawn, you will be asked for the details relevant for such transfer including your nominated bank account details. You acknowledge and agree that any remittance of the agreed remuneration may take up to five (5) business days, meaning a day not being a Saturday, Sunday or a public holiday on which licensed financial institutions are open for general banking business in Kuala Lumpur (“Business Day(s)”), before your receipt of the same subject always to the relevant bank and e-wallet service provider. You acknowledge and understand that if there is a delay in the remittance of any monies, Xamble Creators shall not be liable for the delay. You will be notified when such monies have been successfully deposited and you will be able to see the status of the withdrawal as “Successful Cash Out” on the Platform when withdrawn.
7.3 You are responsible to provide and update us with accurate details of your bank account information or payment information and Xamble Creators and the Campaign Owner shall not be liable in any way due to inaccurate or outdated information provided by you.
7.4 You must withdraw your remuneration no later than three (3) years from the date such remuneration was made available in your Pocket, failing which such remuneration shall be forfeited, regardless of the status of your Account (whether active or inactive). You would be reminded of such impending forfeiture one (1) month prior to such forfeiture date via e-mail or the Platform.
7.5 You are solely responsible for all payments, taxes, levies, duties, charges (including remittance charges) and other payments required with any relevant parties with respect to the remittance of the remuneration to you and the remuneration which you may be entitled to pursuant to a Campaign.

8. RESTRICTED USE OF XAMBLE CREATORS’ INTELLECTUAL PROPERTY AND CONTENT

8.1 We grant you a limited, revocable, non-exclusive and non-transferable licence to access and use the Services and Content provided by us to you via the Platform, provided that you comply with these Terms of Service. Any third-party intellectual property linked to or referenced from the Services or Content, are licensed to you by the third parties that own the third-party intellectual property.
8.2 All proprietary Content, trademarks, service marks, brand names, logos, copyrighted information and other intellectual properties (“Intellectual Property”) displayed on the Platform are the exclusive property of Xamble Creators and where applicable, third-party proprietors such as Campaign Owners. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyrights, trademarks, applicable intellectual property related legislations and all other applicable laws that protect the Intellectual Property, Services, the Platform and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Intellectual Property, Services, the Platform or its Content. You also may not mirror or frame any part or whole of the contents of the Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Intellectual Property or Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
8.3 You shall not, directly or indirectly, modify the features or functionality of, copy or create derivative works using all or any portion of, analyse or remove components from, decompile, or otherwise reverse engineer or attempt to reverse engineer or derive source code, techniques, algorithms or processes from the software or web on which the Platform operates or Services is provided from nor permit or encourage any third-party to do so.
8.4
Third Party Links
Third party links may be provided throughout the Platform either by us, other Users or Campaign Owners. These links are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. We are in no manner responsible for (i) the availability or accuracy of such websites or resources; or (ii) the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. These links are provided merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of its content therein.
8.5 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, we are not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You shall not hold us responsible for any other User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

9. USER’S CONTENTS, POSTS AND UNDERTAKINGS (AS APPLICABLE)

9.1 You retain your rights to any content and posts you post or publish on the Platform or otherwise make available on or through our Services (“Your Content and Post”). 
9.2 In respect of each and every Your Content and Post posted or published on the Platform, submitted to a Campaign Owner for approval, or otherwise made available on or through our Services or Platform or as part of a Campaign, you irrevocably and without condition, consent to us, the relevant Campaign Owner and its successors, licensees and assigns and any manner and anyone authorized by them:
(a) altering, copying, adding to, taking from, adapting, translating or publishing without giving attribution to you, in any manner or context or doing any other act or omitting to do anything in respect of Your Content and Post in the course of exercising our or their rights under Clause 9.3 (below), notwithstanding that such conduct may infringe your moral rights in Your Content and Post and to the extent possible, you grant a waiver of all such moral rights.
(b) license to edit and re-format Your Content and Post into such formats or versions for use in such media as we, the relevant Campaign Owner requires for the purposes of the conduct of the relevant Campaign or to use it as contemplated by Clause 9.3 (below).
9.3 In respect of each and every Your Content and Post posted or published on the Platform, submitted to a Campaign Owner for approval, or otherwise made available on or through our Services or Platform or as part of a Campaign, you irrevocably and without condition, grant, consent and acknowledge the following:
9.3.1 To Xamble Creators (and its successors, licensees and assigns and anyone authorized by them):
(a) a royalty-free, perpetual, irrevocable, unconditional, worldwide, non-exclusive, transferable, sub-licensable license to use Your Content and Post for the purpose of marketing and promoting Xamble Creators (and its products and services) in any manner, without further notification to or consent of you or any further compensation payable to you; and
(b) the right to use your identity and performances in Your Content and Post and to communicate Your Content and Post to the public in all languages, in all media including but not limited to all online paid media (such as digital banners), in all online owned media (such as the Platform and internal communications of Xamble Creators), in all social media (including but not limited to print, digital and/or social media); and
9.3.2 To the Campaign Owner (and its successors, licensees and assigns and anyone authorized by them): :
(a) such rights stated in the Campaign Service Agreement; and
(b) the right to use your identity and performances in Your Content and Post and to communicate Your Content and Post to the public in accordance with paragraph (a) above and in any media or third party sites the Campaign Owner is affiliated with (including but not limited to print, digital and/or social media).
9.4 You agree that, if you have agreed to participate in a Campaign for a Campaign Owner, you shall not make fun of, make any adverse or unpleasant comment on the brand or its products or services in any way or create any other material that undermines the brand or its products or services.
9.5 You understand that all Your Content and Post, whether publicly posted, privately transmitted, submitted to the Campaign Owner for approval, is your sole responsibility. This means that you, and not Xamble Creators and the Campaign Owner, is entirely responsible for all Your Content and Post that you published, posted, or otherwise made available through or on the Platform and your Social Media Channels.
9.6 You acknowledge that we have the right at any time to moderate Your Content and Post after Your Content and Post is posted to your Social Media Channels and if notified by us, you will immediately make any reasonable modification or amendment (provided that Your Content and Post must remain compliant with these Terms of Service, the Code of Conduct, Community Guidelines and Campaign Service Agreement (if applicable) and it will be reasonable for you to refuse to make such a modification or amendment if that is not the case). You also acknowledge that if you post an incorrect Your Content and Post, whether intentionally or not, we or the Campaign Owner may request that you post the approved Your Content and Post and that you shall immediately comply with our request. .
9.7 You acknowledge that we and our designee(s) shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, delete, remove or move any Your Content and Post, including without limitation any Your Content and Post or information posted by you, that is available on the Platform. Without limiting the foregoing, we and our designee(s) shall have the right to remove any Your Content and Post:
(a) that violates these Terms of Service and the Code of Conduct;
(b) if we receive a complaint from another User;
(c) if we receive a notice of intellectual property infringement or other legal instruction for removal; or
(d) if Your Content and Post is otherwise objectionable.
9.8 You acknowledge and understand that any necessary public relations announcements regarding the removal or modification of Your Content and Post, as the case may be, will be agreed by us, the Campaign Owner and you before publication.
9.9 We may also block delivery of a communication (including, without limitation, postings and/or reviews) to or from the Platform as part of our effort to protect the Services and/or our Users, or otherwise enforce the provisions of these Terms of Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you have not and, to the fullest extent permitted by applicable law, may not rely on any Content made available by us or submitted to us.
9.10 You acknowledge that by accessing or using the Platform, you may be exposed to contents or posts that you may consider to be offensive, indecent or objectionable. To the fullest extent permitted by applicable law, under no circumstances shall we be liable in any way for any such content or post, including, but not limited to, any errors or omissions in any content or post, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any content or post posted, published or otherwise made available on the Platform. ;
9.11 You acknowledge, consent to and agree that we may access, preserve and disclose your Account information, Your Content and Post if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over us or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content and Post violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Xamble Creators, its Users and/or the public.
9.12 You agree and undertake to us not to do the following, unless applicable laws or regulations prohibit these restrictions or you have ours and/or the relevant third party’s written permission to do so:
(a) remove or alter any proprietary notices from the Platform;
(b) cause, permit or authorise the modification, creation of derivative works, or translation of the Services without our express permission;
(c) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein or for fraudulent or illegal purposes;
(d) use the Services in a dishonest or fraudulent way to obtain any advantage, benefit or secret profit from any third party;
(e) take any action that may undermine or manipulate the feedback or ratings system;
(f) attempt to duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or to defeat or overcome any encryption technology or security measures implemented by
(g) use cheat, automation software (bots), hacks, modifications or any other unauthorized third-party software designed to established Account, perform any transaction on the Services or modify or make use of the Services in any way;
(h) make available any of Your Content and Post that you do not have a right to make available 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);
(i) upload, email, post, transmit or otherwise make available any of Your Content and Post that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(j) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
(k) introduce any software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity into our system;
(l) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
(m) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(n) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, regulation, code, directive, guideline or policy including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-fraud, anti-money laundering, counter-terrorism, unlawful proceeds and anti-corruption;
(0) use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
(p) infringe the rights of Xamble Creators, including any intellectual property rights and any passing off of the same thereof;
(p) use the Services to mine, collect or store personal data about other Users or Campaign Owners in connection with the prohibited conduct and activities set forth above.
9.13 You acknowledge and understand that you are not granted the following:
(a) the ownership of, or other rights in, the intellectual property rights of Xamble Creators or the Campaign Owner; and
(b) the requirement to make use of Your Content and Post or any other rights that you grant to us, the Campaign Owner under these Terms of Service.
9.14 Any material, information, feedback or idea you provided to us by any means (each, a “Submission”), is not considered confidential by us and may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing and marketing purposes. By making a Submission to us, you acknowledge and agree that we and/or other third parties may independently develop software, applications, interfaces, goods and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant to us and our successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the goods identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our Privacy Policy except to the extent that you make such personal information publicly available on or through the Services.
9.15 You shall indemnify, defend and hold harmless Xamble Creators and its subsidiaries, affiliates, related entities, directors, officers, agents, representatives, co-branders and employees from all actions, claims and demands which may be instituted or made against you arising from your use of third party’s intellectual property rights or violation of any applicable intellectual property laws.

10. DISCLAIMERS, EXCLUSIONS AND FORCE MAJEURE

Disclaimers
10.1 The Platform and/or Services are provided on “as is” and “as available” basis without any warranties, claims or representations made by us of any kind either expressed, implied or statutory, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, custom or trade usage. without limiting the foregoing and to the fullest extent permitted by applicable law, we do not warrant that the Platform and/or Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that the platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
10.2 While we endeavour to ensure that the Platform and/or Services are secured, you acknowledge and agree that the entire risk arising out of the access, use or performance of the Platform and/or the Services shall remain with you to the fullest extent permitted by applicable law.
Exclusions and Force Majeure
10.3 To the fullest extent permitted by applicable law, in no event shall we be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for:  
(a)
  • (i) loss of use
  • (ii) loss of profits
  • (iii) loss of revenues
  • (iv) loss of data
  • (v) loss of goodwill
  • (vi) failure to realise anticipated savings, in each case whether direct or indirect
    • (b) any indirect, incidental, special, consequential, exemplary damages, arising out of or in connection with the use of or inability to use the platform or the services, including, without limitation, any damages resulting therefrom, even if we have been advised of the possibility of such damages.  
    10.4 We shall not be liable for any delay or failure to perform the Services, where the cause of such delay or failure is beyond our reasonable control. Such causes may include but not limited to an act of god, riot, civil commotion, strike (whether or not involving employees of Xamble Creators ), lockout or other labour disturbance, fire, war, acts of foreign enemies, power outage, pandemics, epidemics, network congestion, telecommunications failure, electrical power failures, or any fault, interruption, disruption or malfunction of equipment, tools, utilities, communications, computer (software and hardware) services or networks, government order or change in any law or regulation which renders the performance impractical.
    10.5 If we consider a force majeure event to be of such severity or to be continuing for such period of time that we are unable to perform any of our obligations, we shall have the absolute discretion to decide on such alternative arrangement(s), including but not limited to terminating these Terms of Service and/ or any specific contract or transaction and without liability to you.
    10.6 The information and statistics provided in the Platform is for general informational purposes only. All information on the Platform is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Platform. Under no circumstances shall we have any liability to you for any loss or damage of any kind incurred as a result of the use of the Platform or reliance on any information provided on the site. Your use of the site and your reliance on any information on the Platform is solely at your own risk.
    10.7 You acknowledge, accept and agree that all disclaimers, exclusions and limitations of liability set out in these Terms of Service represent a fair and reasonable allocation of risks and benefits of the agreement between us and you, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the stated risks. You further agree that these disclaimers, exclusions and limitations shall be enforceable to the fullest extent permitted by applicable law.

    11. VIOLATION OF TERMS OF SERVICE

    Disclaimers
    11.1 Any violation of these Terms of Service may result in a range of actions, including, without limitation, any or all of the following:
    (a)
    limits placed on Account’s privileges;
    (b) Account suspension and subsequent termination;  
    (c) remuneration or money withdrawal from Pocket on hold; and/or  
    (d) civil actions, including without limitation a claim for damages, specific performance and/or interim or injunctive relief.  
    11.2 If you believe a User on our Platform is violating these Terms of Service, please contact us via email at [email protected] or through the communication channel(s) made available on the Platform.

    12. SUSPENSION AND TERMINATION; ACCOUNT DEACTIVATION AND CLOSURE

    Suspension and Termination
    12.1 You agree that we may in our sole discretion, with or without notice, and without any liability to you or any third party, suspend or terminate your Account, remove or discard from the Platform any of Your Content and Post associated with your Account, suspend, disable or delete any promotions, offers, deals, utility, privileges or any benefits associated with your Account, temporarily disable your access to any or all of the Services and/ or features on the Platform (including, without limitation, the Pocket) and/or take any other actions that we deem necessary. Typical reasons for such actions may include, but not limited to:
    (a)
    the Account has been inactive for a consecutive period of three (3) years;
    (b) having multiple user accounts or allowing unauthorised persons to access and use the Account;  
    (c) in our opinion, there is dishonesty, suspected fraud, illegality, criminality or misrepresentation in the conduct of your Account or your use of the Platform and/or Services;  
    (d) you are in breached or we have reasonable grounds to believe that you have breached any of these Terms of Service or any policy or guideline referenced herein, and/or any applicable terms and conditions as may be provided by us from time to time, or have engaged in any conduct prejudicial to Xamble Creators or in our opinion, your acts are prejudicial to Xamble Creators’ interest;  
    (e) you are in breach of any acts, statutes, laws, by-laws, rules, regulations, guidelines and/or policies imposed by any authority, regulatory body or government agency;  
    (f) you have acted in bad faith or with malicious intent, or that we have reasonable grounds to believe that your behaviour is harmful, of defamatory nature or abusive to other Users, third parties and/or Xamble Creators;  
    (g) your name is listed under any regulatory watchlist (including but not limited to listing related to terrorism and terrorism financing) under the applicable laws governing anti-money laundering, anti-terrorism financing and/ or corruption and/or such other local, foreign or international laws and regulations of similar nature;  
    (h) if we are required to do so pursuant to an order of a court or by any governmental or regulatory authority having the relevant jurisdiction;  
    (i) you have submitted false documents or have declared false information during your registration with or application to us; and/or  
    (j) you fail to provide any additional information which we may request from you from time to time for verification purposes.  
    Use of the Platform, Services and/or an Account for suspicious, fraudulent, illegal, harassing, defamatory, threatening or abusive purposes may be referred by us to the relevant law enforcement authorities without notice to you.  
    12.2 If we suspend your Account, our Services and/or any specific features to you pursuant to Clause 12.1 above, we shall have the right to commence investigation into such event and shall have the absolute right to disable your utilisation of any or all Services and/or hold back any and all refund or money or benefit due to you (as the case may be) until and unless clearance has been obtained from the relevant authorities and/or the satisfactory completion of any investigation.
    12.3 In the event your access and/or utilisation of the Platform and/or Services is suspended, ceased or terminated by us due to suspicious, fraudulent, illegal or unlawful transactions including but not limited to breaches of any law or any rules, regulations, policies and/or guidelines made thereunder), you will not be able to continue to utilise any or all Services and shall not be entitled to obtain any money or refund or benefit whatsoever. It shall be lawful for us to retain for an indefinite period, or deal at its own discretion with, or release to the relevant authorities, any money or refund or benefit in accordance with applicable legislations, rules, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.
    Consequences of Account Termination
    12.4 Upon termination of your Account due to any reason whatsoever, you will be prompted by the Platform if there is any balance in your Pocket. If there is any withdrawable money in your Pocket, and you confirm that you wish to terminate your Account without withdrawing the money from your Pocket, your Account associated with the Pocket shall no longer be accessible by you and such remaining monies shall be forfeited by us. If you wish to withdraw such remaining money, you will need to reach out to us via e-mail – [email protected]. Further, Xamble Creators may remove any of the utility, privileges or benefits associated with your Account, such as Nuffnang Verification.
    12.5 Any provision of these Terms of Service which expressly or by implication is intended to continue to remain effective and binding on the User after the termination of Account and/or the termination of Services, such as provisions concerning the User’s warranties, undertakings and indemnifications to us, shall survive such termination.

    13. USER’S REPRESENTATIONS AND WARRANTIES

    13.1 By accessing the Platform, use of the Services and/or registering an Account with us, you irrevocably represent and warrant to us that:
    (a)
    you possess the legal capacity (and in the case of a minor, valid parent or legal guardian’s consent), right and ability to accept and enter into these Terms of Service and to comply with all the terms and conditions contained herein;
    (b) if you are representing and acting on behalf a corporate body, you possess the full authority, capacity, right and ability to accept and enter into these Terms of Service on behalf of the corporate body and to comply with all the terms and conditions contained herein;  
    (c) any and all information and documentations you provided or submitted to Xamble Creators for whatsoever purposes are and will remain true and not fake, accurate, not misleading, complete and up-to-date;  
    (d) you will access and use the Platform and/or Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, regulations, codes, directives, guidelines and policies in force from time to time; and  
    (e) if so required, you will make yourself available to, and to render full cooperation and assistance to Xamble Creators and/or the relevant authorities concerning any pending and future contentious matters, audits or investigations (including investigations commenced pursuant to Clause 11 above) arising out of or in connection with your Account or use of the Platform and/or Services in order to ensure that such matters or investigations can be resolved amicably and efficiently.  

    14. INDEMNITY & LIMITATION OF LIABILITY

    14.1 You agree to indemnify, defend and hold us harmless, and our shareholders, subsidiaries, affiliates, related entities, directors, officers, employees, agents, representatives, co-branders and/or relevant business partners (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, the legal costs and dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (i) your violation or breach of any of these Terms of Service or any policy or guideline referenced herein, (ii) your use or misuse of the Platform or Services, (iii) Your Content and Post, or (iv) your breach of any laws or any rights of a third party.
    14.2 In no event shall we be liable for loss of profit or goodwill, loss of data, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by you as a result of an action brought by a third party) even if we had been advised of the possibility of incurring the same.
    14.3 Notwithstanding any other provisions of these Terms of Service, our maximum cumulative liability to you or to any other party for all losses, arising out of or relating to your use of our Platform and/ or our Services, shall not exceed RM5,000.00 or its equivalent in your jurisdiction or the sum that you have paid to us under such individual contract or transaction, whichever is lower.

    15. COMMUNICATIONS

    15.1 All and any notices, demands, requests or other communications to be given or made under these Terms of Service shall be in writing, and shall be sufficiently given or made to the other party by serving such notice at or sending such notice by hand, registered post, facsimile, electronic mail or text messaging to the contact details as notified by one party to the other from time to time or via the communication channel made available on the Platform.
    15.2 Notice shall be deemed given:
    (a)
    in the case of hand delivery, upon the receipt of written acknowledgment signed by the recipient;
    (b) in the case of registered post, five (5) business days after posting; and  
    (c) in case of facsimile, email, text messaging, or the communication channel(s) available on the Platform, on the day of transmission provided that the sender has not received a failed or undeliverable message from host provider of the recipient within the day of transmission or a read receipt is sent to and received by the sender.  
    15.3 Notwithstanding Clauses 15.1 and 15.2 above, you acknowledge that you may from time to time communicate with us verbally through phone conversation to facilitate your request or the resolution of any issue or problem faced by you. If any significant subject matter has been agreed between us and you verbally via a phone conversation, our customer service team may thereafter put the same into writing and such notice will be sent to you via email for record.

    16. GOVERNING LAW AND JURISDICTION

    16.1 These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia without regard to conflict of law provisions.
    16.2 Any dispute, legal action or proceeding arising out of or in connection with these Terms of Service shall be exclusively submitted to the jurisdiction of the courts in Malaysia, unless Xamble Creators in its own discretion chooses to submit the same for settlement via arbitration or otherwise in your jurisdiction or otherwise.

    17. GENERAL PROVISIONS

    17.1 If any provision of these Terms of Service shall be deemed invalid, unlawful, void or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction. In such case, you acknowledge that we may introduce and come out with a substitute provision which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, covenant or undertaking and you hereby agree to accept and be bound by such substitute provision.
    17.2 You are not allowed to assign, transfer or sublicense any rights and benefits granted to you hereunder. We shall be entitled to transfer or assign any of its rights or obligations under these Terms of Service to a present or future affiliate or pursuant to a merger, consolidation, reorganisation or sale of all or substantially all of the assets or business, or by operation of law, without notice to you.
    17.3 You are solely responsible, and you undertake to file, on a timely basis, all tax returns, payments, taxes, levies, duties and all other payments required to be filed with, or made to, any federal, state, provincial or local tax authority under these Terms of Service and will hold Xamble Creators and the Campaign Owners harmless from and against any and all tax liability associated with your use of the Platform and any remuneration you may receive.
    17.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and us, nor does it authorise you to make any representations or incur any costs or liabilities on our behalf.
    17.5 Our failure to exercise or delay in exercising of any claim, remedy, right, power or privilege under these Terms of Service shall not be operated and deemed as a waiver thereof, or any single or partial exercise of any claim, remedy, right, power or privilege shall not preclude any other or further exercise thereof or the exercise of any other claim, remedy, right, power or privilege by us. Our rights and remedies provided in these Terms of Service are cumulative and not exclusive of any rights or remedies otherwise provided by law.
    17.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of our affiliates’ and subsidiaries’ respective successors and assigns).
    17.7 The terms and conditions set forth in these Terms of Service and any additional terms and conditions, guidelines or policies included or referred to in these Terms of Service constitute the entire agreement and understandings between you and us with respect to the Platform, Account and/or Services.
    17.8 XAMBLE CREATORS RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN.