The terms and conditions below describe the terms applicable to your installation and use of certain applications which use New Bob Realty Sdn Bhd Platform (as defined below) to access certain information about you that is available from the www.newbob.com.my website (the “NewBob Site”) or to retrieve authorized data from third-party sites for use on the NewBob Site (“Platform Applications”).
The “NewBob Platform” is a set of application programming interfaces (APIs) and services provided by NewBob, which makes this information available to Platform Applications and allows NewBob and third-party developers (“Developers”) to develop new features and applications that we hope will enhance your ability to interact with people in your life in new and interesting ways.
II. Consent Regarding Use of NewBob Site Information
(a) Information That May Be Provided to Developers. In order to allow you to use and participate in Platform Applications created by Developers (“Developer Applications”), NewBob may from time to time provide Developers access to the following information (collectively, the “NewBob Site Information”):
(i) any information provided by you and visible to you on the NewBob Site, excluding any of your Contact Information, and
(ii) the user ID associated with your NewBob Site profile.
(b) Examples of NewBob Site Information. The NewBob Site Information may include, without limitation, the following information, to the extent visible on the NewBob Site: your name, your gender, your birthday, your hometown location (city/state/country), your current location (city/state/country), copies of photos in your NewBob Site photo albums.
(c) Privacy Settings: You may revoke or modify your permission for NewBob to provide NewBob Site Information to Developers at any time through the means provided in your privacy settings.
(d) Developer Agreement. Before providing any information to any Developer through NewBob Platform, NewBob requires each Developer to enter into an agreement (a “Developer Agreement”), which, among other things, strictly limits their collection, use, and storage of NewBob Site Information. Our standard Developer Agreement consists of the NewBob Developer Terms of Service.We may from time to time enter into separate agreements with certain third party Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Developer to only display your information in accordance with your NewBob privacy settings. The standard Developer Agreement is subject to change without prior notice at any time, in the Company’s sole discretion, so you should review these terms from time to time. However, NewBob cannot guarantee that each Developer will comply with its contractual requirements, and NewBob does not assume any liability or responsibility for any of Developer’s actions, Developer Applications or websites, or for enforcing any Developer Agreement against any Developer.
III. Use of Platform Applications
(a) Developer Applications. When you install a Developer Application, you understand that such Developer Application has not been approved, endorsed, or reviewed in any manner by NewBob, and we are not responsible for your use of or inability to use any Developer Applications, including without limitation the content, accuracy, or reliability of such Developer Application and the privacy practices or other policies of the Developer. YOU USE SUCH DEVELOPER APPLICATIONS AT YOUR OWN RISK. Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Developer Applications. Those terms and/or policies may give Developers rights with respect to your NewBob Site Information beyond those provided by the Developer Agreement. PLEASE REVIEW EACH DEVELOPER’S TERMS AND/OR POLICIES CAREFULLY.
(d) You acknowledge that Developers or NewBob or its licensors own all right, title and interest in and to any and all Platform Applications, portions thereof, and/or content or software provided through or in conjunction with any Platform Applications, including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree to not remove, obscure, or alter NewBob’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any Platform Applications. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Platform Applications; and
(f) Integration or “Entire Agreement” Clauses in Application-Specific Terms and Conditions. For the avoidance of doubt, the existence of any provision of any separate terms and conditions or agreements applicable to any NewBob Applications to the effect that such terms or agreement constitute the entire agreement or understanding between you and NewBob with respect to any subject matter, however phrased, will not be deemed to supersede or preclude enforcement of any of the terms and conditions set forth in paragraphs III (c), (d) (e) and (g) and this paragraph (f), , except to the extent that such terms directly conflict with the terms of such other agreement or terms.
(g) RELEASE AND DISCLAIMER. YOU HEREBY IRREVOCABLY RELEASE AND AGREE TO HOLD HARMLESS NEWBOB AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, COSTS, LOSSES, LIABILITIES AND DAMAGES OF ANY SORT (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED)), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY, AND WHETHER OR NOT NEWBOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF: (A) YOUR DOWNLOAD, INSTALLATION OR USE OF ANY NEWBOB APPLICATIONS OR DEVELOPER APPLICATIONS, (B) DELIVERY OF ANY INFORMATION BY NEWBOB TO ANY DEVELOPER; OR (C) ANY USE BY ANY DEVELOPER OF ANY INFORMATION, WHETHER OR NOT SUCH USE IS IN ACCORDANCE WITH THE DEVELOPER AGREEMENT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.