TERMS OF SERVICES

1. ACCEPTANCE OF TERMS

Welcome to Breakaway Portal! Breakaway provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated from time to time without prior notice to you. In addition, when using paritcular Breakaway services, you will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this TOS. Breakaway also may offer services from time to time that may be governed by different TOS.

2. DESCRIPTION OF SERVICE

Breakaway currently and in the future may provides users with access to a rich collection of on-line resources, including, online forums and tourism related content. Unless explicitly stated otherwise, any new features or upgrades on the current service shall be subject to the TOS. You understand and agree that the Service is provided ‘AS-IS’ and that Breakaway assumes no responsibility for the timeliness, deletion, miss delivery or failure to store of any user personalized settings, content or communications.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and;(b)Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. . If you provide any information that is untrue, inaccurate, not current or incomplete, or Breakaway has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Breakaway has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you.

4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

You agree to (a) immediately notify Breakaway of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session.

Breakaway cannot and will not be liable for any loss or damage arising, inclusive of any trade transactions or miscommunications by unauthorized third parties, from your failure to comply with the terms within this Section.

5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, remain the sole responsibility of the person from which such Content originated. This means that you, and not Breakaway , are entirely responsible for all Content that you upload, post, email, transmit or otherwise via the Service. Breakaway does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Breakaway be liable in any way for any Content found within Breakaway and its Service, including, but not limited to, for any errors or omissions in any Content, for the accuracy, timeliness, copyright or trademark compliance, legality, or decency of material contained in sites listed in BREAKAWAY or otherwise linked to Breakaway by third parties or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to not use the Service to

1. violates any right of BREAKAWAY or any third party.
2. exploits or harms minors in any way;
3. upload, post, email or otherwise transmit any Content that contains or promotes vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, suggestive postures, revealing clothing, pornographically or nudity, in nature, inflammatory attacks of a personal, racial or religious nature, anti establishment, anti government, terrorism, promoting social dissident or criminal activities.
4. upload, post, email or otherwise transmit any Content that is defamatory, threatening, harassing, tortious, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual, people group or community.
5. promotes unethical or illegal behavior, including, but not limited to, hacking, warez, gambling or promotion of gambling;
6. discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
7. violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
8. unfairly interferes with any third party's uninterrupted use of BREAKAWAY and its Service.
9. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation for goods or services, except in those areas (such as eBusiness) that are designated for such purpose, in accordance with rules and regulations established by BREAKAWAY
10. engage in manipulative or misleading trade practices and transactions on BREAKAWAY transactional sections such as but not limited to eBusiness, such as by making bids solely for the purpose of instigating other bidders to withdraw bids and then retracting your bid to bid at a lower price or by using multiple accounts to drive up bidding on items you are offering for sale.
11. upload, post, email or otherwise transmit any Content infringes any patent, trademark, trade secret, copyright or other proprietary right that you do not have the right to transmit under any law on BREAKAWAY and its Service without the express permission of the owner of that material.
12. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through BREAKAWAY and its Service
13. uses or attempt to use another's account, password, service or system except as expressly permitted by the Terms of Service.
14. collect or store personal data about other users for commercial or unlawful purposes, without their expressed permission,
15. impersonate any person or entity, including, but not limited to, a BREAKAWAY official, forum leader, forum moderators, webmasters, or falsely state or otherwise misrepresent your affiliation with a person or entity;
16. disobeying any BREAKAWAY web masters, moderators, or other BREAKAWAY employee or representative or interfere with any action by any BREAKAWAY web masters or other BREAKAWAY employee or representative to redress any violation of the TOS.
17. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
18. disrupts, interferes with, or otherwise harms or violates the security of BREAKAWAY, or any of its Services, system resources, accounts, passwords, servers or networks connected to or accessible through BREAKAWAY or an affiliated or linked sites.
19. flaming, harassing or stalking any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
20. advertising, offer for sale, distribute, disseminate or link to any sites for marketing, sales or distribution of : firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals, narcotics and controlled substances, counterfeit, pirated or stolen goods, goods or services that do not exist, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that the you can not legally sell, are misinterpreted or if sold by you would cause BREAKAWAY to violate any law, statute or regulation of Malaysia;
21. advertising, or solicitation for illegal activities such as but not limited to, loan sharking, prostitution, sexual services of any kind.

You acknowledge that BREAKAWAY does not pre-screen Content, but that BREAKAWAY shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, BREAKAWAY shall have the right to remove any Content that violates the TOS or is otherwise deemed objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BREAKAWAY or Content submitted to BREAKAWAY, including information in BREAKAWAY guestbook, Message Board and in all other parts of the Service that may be introduced in the future.

You acknowledge and agree that BREAKAWAY may preserve Content and may also disclose Content 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;(b) enforce the TOS; (c)respond to claims that any Content violates the rights of third-parties; (d) protect the rights, property, or personal safety of BREAKAWAY, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or services.

6. BREAKAWAY PROPERTY RIGHTS
All intellectual property rights (including copyright, patents, trademarks and other similar rights) to all content (including without limitation any graphics, text, page headers, images, animated pictures and sound in any format) found in or available on the BREAKAWAY portal, the Service and affiliated sites are owned by BREAKAWAY, its licensors or the respective content providers.

You may not download, post, reproduce, adapt, alter, create derivative work, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit any content found on within the BREAKAWAY portal, the Service and its affiliated sites in any manner without the express written consent of BREAKAWAY.

Deep linking, as defined as creating direct links to an internal or subsidiary page of within the BREAKAWAY portal, the Service and its affiliated sites or the indirect use of any services or content provided in this within the BREAKAWAY portal, the Service and its affiliated sites is strictly prohibited without BREAKAWAY’s express written consent.

7. MEMBER ACCOUNT TERMINATION
You agree that BREAKAWAY may, under certain circumstances and without prior notice, immediately terminate your password, BREAKAWAY User Account, use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if BREAKAWAY believes that you have violated or acted inconsistently with the letter or spirit of the TOS. BREAKAWAY may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that BREAKAWAY may immediately deactivate or delete your BREAKAWAY User Account and all related information and files in your BREAKAWAY User Account and/or bar any further access to such files or the Services. Further, you agree that BREAKAWAY shall not be liable to you or any third-party for any termination of your access to the Service.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
The TOS shall be governed by and construed in accordance with the laws of Malaysia without reference to any principle of conflict of laws. You hereby agree that any disputes arising out of or related to your use of this Web Site shall be submitted and subjected to the exclusive jurisdiction of the courts of Malaysia.

Recognizing the global nature of the Internet, you agree to hereby comply with all legal statues, laws and rules regarding online conduct and acceptable Content native to your country, if accessing the BREAKAWAY portal, the Service and its affiliated sites from a location outside of Malaysia

9. PUBLIC CONTENT POSTED TO BREAKAWAY
With respect to Content you elect to post for inclusion in publicly accessible areas of the BREAKAWAY portal, the Service and its affiliated sites including but not limited to articles, write ups, reviews, short stories, photos or other graphics you elect to post to any other publicly accessible area of the BREAKAWAY portal, the Service and its affiliated sites, you grant BREAKAWAY the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific BREAKAWAY portal, the Service or its affiliated sites to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the BREAKAWAY portal, the Service or its affiliated sites. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.

With respect to all other Content you elect to post to other publicly accessible areas of the the BREAKAWAY portal, the Service and its affiliated sites, you irrevocably grant BREAKAWAY a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any form, media, or technology now known or later developed.

10. INDEMNITY
You agree to indemnify and hold BREAKAWAY, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another user.

11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that BREAKAWAY may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that communications, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any communication that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on BREAKAWAY's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BREAKAWAY has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that BREAKAWAY reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BREAKAWAY reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

13. MODIFICATIONS TO SERVICE
BREAKAWAY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BREAKAWAY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14. DEALINGS WITH ADVERTISERS
It is understood and agreed that any correspondence or business dealings with, or participation in promotions of, advertisers found on or through the BREAKAWAY portal, the Service or its affiliated sites including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BREAKAWAY shall be in no way responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

15. LINKS
BREAKAWAY may provide, or third parties may provide, links to other Internet sites or resources. Because BREAKAWAY has no control over such sites and resources, you acknowledge and agree that BREAKAWAY is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BREAKAWAY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BREAKAWAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT (OTHER THAN ANY WARRANTY THE EXCLUSION OF WHICH IS NOT LAWFUL).
2. BREAKAWAY MAKES NO WARRANTY THAT;
1. THE SERVICE WILL MEET YOUR REQUIREMENTS,
2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
5. ANY ERRORS IN THE SERVICE WILL BE CORRECTED ACCORDING TO YOUR EXPECTATION.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BREAKAWAY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS (SAVE FOR ANY FRAUDULENT MISREPRESENTATION BY BREAKAWAY).

17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BREAKAWAY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BREAKAWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

1. THE USE OR THE INABILITY TO USE THE SERVICE;
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
5. ANY OTHER MATTER RELATING TO THE SERVICE.

NOTHING IN THIS TOS SHALL LIMIT BREAKAWAY'S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE.

18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

20. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

21. TRADEMARK INFORMATION
The BREAKAWAY logo, interface design, color scheme, graphics and content shall remain the sole intellectual property right of BREAKAWAY.

22. COPYRIGHTS and COPYRIGHT AGENTS
BREAKAWAY respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright, trade mark or other intellectual property infringement, please provide BREAKAWAY's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
2. a description of the intellectual property right that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property right owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the intellectual property right owner or authorized to act on the intellectual property right owner's behalf.

BREAKAWAY's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Email:

23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and BREAKAWAY and govern your use of the Service, superceding any prior agreements between you and BREAKAWAY. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and BREAKAWAY shall be governed by the laws of Malaysia without regard to its conflict of law provisions. You and BREAKAWAY agree to submit to the personal and exclusive jurisdiction of the courts located within Malaysia. The failure of BREAKAWAY to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

25. VIOLATIONS
Please report any violations of the TOS to our BREAKAWAY Support group.