“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties.
Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of this Terms and Conditions shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
23. Dispute Resolution
The formation, interpretation, and performance of this Terms and conditions and any disputes arising out of it shall be governed by the substantive and procedural laws of Malaysia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Malaysia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Malaysia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
24. Changes and Amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Terms and Conditions (or such other act specified at that time) will constitute your consent to those changes.
We will not be held liable for any losses incurred by your company. We provide no express or implied warranties about the services we provide. Any warranty of merchantability or fitness for a particular purpose is disclaimed by us. This includes data loss as a result of delays, no deliveries, incorrect deliveries, and any other service interruptions caused by us or our employees.
– No Liabilities on Trading Profit Losses: We assume no liability for any trading profit losses resulting from downtime, low latency or any causes whatsoever. Profit losses are part of the risks while customers partake in any trading activities, including but not limited to, Forex trading and cryptocurrency trading.
– No Liabilities on Losses Due to Hacks, Fraud, 3rd Party Invasion or Malware: We assumes no liability for any losses incurred to customers due to hacks, fraud, 3rd party invasion or malware from your cryptocurrency wallets (hot/cold). VPS Malaysia does not hold any customers’ login usernames and passwords, or other login information required to directly or indirectly access your accounts.
26. Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services. We reserve the right to revise our policies at any time without notice. The use of services from VPS Malaysia constitutes agreement to these terms.
27. Contact Us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us.