DMCA Notice & Takedown Policy and Procedures

This website (“SITE”) qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (“DMCA”). Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions. We respect the intellectual property of others, and we ask our users to do the same. Accordingly, we observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement by our customers, subscribers or users.

Notice of Claimed Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Designated Copyright Agent (identified below) with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located on the SITE (preferably including specific url’s associated with the material);

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,

(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may send your Notice of Claimed Infringement to:
cs@ikhtiarsb.com.my

Please do not send other inquires or information to our Designated Agent.

Abuse Notification: Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or Counter-notification, can result in legal liability for damages, court costs and attorneys fees under federal law. See; 17 U.S.C. § 512(f). These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents – not to any other kind of abuse, infringement or legal claim. We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure. Please ensure that you meet all of the legal qualifications before submitting a DMCA Notice to our Designated Agent.

Take Down Procedure

The SITE implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement. The SITE reserves the right at any time to disable access to, or remove any material or activity accessible on or from any SITE or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the SITE to terminate the account of repeat copyright infringers, when appropriate, and the SITE will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”). The SITE’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the SITE shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, the SITE will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. The SITE reserves the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.

DMCA Counter-Notification Procedure

If the Recipient of a Notice of Claimed Infringement ("Notice") believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2)&(3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against the SITE relating to the actions taken in response to the counter-notification.

To submit a counter-notification, please provide Our Designated Copyright agent the following information:

(a) a specific description of the material that was removed or disabled pursuant to the Notice;

(b) a description of where the material was located within the SITE or the Content before such material was removed and/or disabled (preferably including specific url’s associated with the material);

(c) a statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used:

“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”

(d) a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent.

Written notification containing the above information must be signed and sent to:
cs@lovelydownload.com

Do not send any other information or material to the DMCA Agent.

After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward it to Us, and We will then provide the counter-notification to the claimant who first sent the original Notice identifying the allegedly infringing content.

Thereafter, within ten to fourteen (10-14) days of Our receipt of a counter-notification, We will replace or cease disabling access to the disputed material provided that We or Our Designated Copyright Agent have not received notice that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on the SITE’s system or network.

Service Provider Customers or Subscribers

In the event that the alleged infringer identified in an intended DMCA Notice is, itself, operating as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1), the SITE requests that any such DMCA Notices relating to alleged infringement by third party users, customers or subscribers of such service providers be submitted directly to the DMCA Agent designated by the service provider instead of the SITE.

Modifications to Policy

The SITE reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back regularly to stay current on any such changes.
Customer Service Requests

Please note that the DMCA Agent is not associated with the Site in any other capacity, but is an attorney with a private law firm. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to the Site"s customer service department.

The following General Terms and Conditions are applicable to the products and services supplied via Short Messaging Services (hereinafter to be referred to as “SMS”), GPRS and 3G by DapatBest, or enterprises affiliated to it, (hereinafter to be referred to as “the Provider”).. The Provider is permitted to amend these General Terms and Conditions from time to time without notice. Apart from the General Terms and Conditions, any applicable and publicized rules, promotional conditions, guidelines and provisions pertaining to the services also apply to you and the Provider upon the use of the Services (as defined herein) of the Provider. All those guidelines, rules, promotional conditions and provisions will be considered an inextricable part of these General Terms and Conditions. By availing yourself to use the Services of the Provider, you agree to be bound by these General Terms and Conditions and the guidelines, rules and promotional conditions.

1. DESCRIPTION OF THE PROVIDER.
By means of SMS, GPRS and 3G services, the Provider supplies its users access to a network of on-line sources, including on-line games, text messages, rich content and on-line information material which may be downloaded onto mobile telephone or whatsoever devices (“Services”). The General Terms and Conditions are at all times applicable to all new facilities including facilities which the Provider may implement as part of the Provider’s expansion, extension or improvement of the present Services, including any extension to new functions added by the Provider.

2. AVAILABILITY.
The Service is supplied "as is" (at the stage of development it happens to be in) and the Provider accepts no liability nor does it issue any guarantees or warranty in the event that personal configurations, information or messages are not saved, or not saved in due time, or if they are deleted or incorrectly delivered. In order to subscribe to the Service, you are required to have access to the Internet and/or a mobile communications subscriptions and pay any service fees associated with such access. You are required to pay all expenses incurred in creating such access. You are also responsible for seeing to the connection of any necessary equipment, including any mobile telephone or personal computer or whatever devices that may be necessary needed and are in working order and suitable for use in connection with the Service.

3. PAYMENT.
You have access to our on-line services free of charge. With regards to the Services and the use of it, you shall pay the amount corresponding to the applicable rates of the Provider in force at that time and according to the rates charged by your mobile operator. The charges shall be invoiced to you via your mobile operator through the mobile bill you receive from the mobile operator of your network. You pay the Provider all national and local or other taxes, including but not restricted to VAT, any taxes or levies imposed in lieu thereof, which taxes are based on the costs due to the use of the Services, regardless of whether those taxes are levied either now or in the future by European, Malaysia, national or local authorities or by any other body or bodies authorized to levy taxes. The Provider reserves the right to change the rates for the Service by posting details of such changes on its website.

4. REGISTRATION OBLIGATION
In order to warrant safe and secure use of the Service, you guarantee the following, in addition to paying the applicable charges: (a) your personal information (hereinafter to be referred to as the “Registered Information”) provided on the registration form is correct, true, accurate and complete and (b) you agree to ensure that the Registered Information is at all times correct, up to date, true, accurate and complete. If the Provider has a reasonable suspicion that the Registered Information does not reflect a true state of affairs, or is not accurate or complete, then the Provider is entitled to suspend or terminate your account and to withhold both current and future use of the Service, or any component of it. You yourself are responsible for maintaining the secrecy of any passwords and/or accounts issued to you by the Provider, and you are fully liable for all actions carried out involving the use of your password or account. You undertake at the end of each session to close your account (by closing your browser) and to contact the Provider if you notice or suspect that unauthorized use has been made of your password or account, or that security or protection is no longer guaranteed for any other reason. The Provider cannot and will not be liable for any damage arising from your failure to observe the stipulations of this article.

5. PROCESSING OF INFORMATION
The Provider attaches great importance to the privacy of its users. To ensure this we have created a policy that is inextricably linked to the General Terms and Conditions of the Provider. You acknowledge that the Provider collects and processed the Registration Information and information on your use of the Service including the personally identifiable information contained therein for the purpose detailed in the Privacy Policy. As a global company, the Provider increasingly go beyond the borders of one country.

6. INDEMNIFICATION
You undertake to indemnify the Provider and its subsidiaries, affiliated enterprises, functionaries, representatives or other partners, and employees against any demands or claims by third parties, including all reasonable costs incurred for legal assistance, which demands or claims arise from or are the consequence of any information you have sent or offered via the Service as a result of your connection with the Service, your use of the Service, or any violation committed by you of the General Terms and Conditions or rights of others.

7. PROHIBITION ON RESALE OF THE SERVICE
You undertake not to reproduce, copy, sell, resell or use the Service, or any part of it, or access to the Service for commercial purposes.

8. GENERAL RULES REGARDING USE AND SAVING OF INFORMATION.
Regarding the use of the Service you agree to the general rules, rules of play, promotional conditions and restrictions established by the Provider. The Provider is entitled to annul accounts that have remained inactive for considerable periods of time. The Provider reserves the right at all times and at its own discretion, without being required to issue prior notice, to amend these general rules, rules of play, promotional conditions and restrictions. You agree with the arrangement whereby the Provider bears no responsibility or liability to you in the event that information sent or provided by means of the Service is not saved or is deleted in error.

9. ALTERATIONS TO THE SERVICE.
The Provider may at any time alter or terminate the Service, or any part of it, either temporarily or permanently. You agree that the Provider is not liable to any third party or you as a user in the event that the Service is altered, terminated or suspended.

10. TERMINATION.
You agree that the Provider shall at its own discretion and regardless of the reasons for doing so, the Provider may terminate use of the Service, destroy and remove the content and information within the Service if the Provider is of the opinion that you have not observed the General Terms and Conditions, or you have acted contrary to General Terms and Conditions, or for any other reasons. In pursuance of the stipulations of these General Terms and Conditions, the Provider may also terminate your access to the Service without issuing prior notice. You agree that the Provider may erase or deactivate your account and all information connected with it as well as any lists or files contained in it without delay, and/or deny you all further access to the Service.

11. TRANSACTIONS WITH ADVERTISERS AND/OR SPONSORS.
Any dealings performed between you and sponsors and/or advertisers, or any participation in promotions by sponsors and/or advertisers that have been located on the Service, including the supply and payment of goods or services, as well as all other guarantees, terms and conditions and statements issued in connection with those transactions are the exclusive concern of you and the sponsor and/or advertiser. You agree that the Provider is not liable or responsible for any damage of any nature whatever that may be the result of such transactions or the presence of those sponsors and/or advertisers on the Service.

12. OWNERSHIP RIGHTS OF THE PROVIDER.
You are aware and agree that the Service and software used in connection with the Service, (hereinafter to be referred to as the “Software”), contain confidential information which belongs to the Provider is protected by valid and applicable intellectual and industrial ownership rights legislation and other legislation. You are also aware and agree that copyright, trademarks, service marks, patents or other ownership rights and laws are applicable to Information published in sponsors' advertisements or information offered to you via the Service. You undertake, either partially or wholly, not to amend, rent, distribute, rent out, borrow, lend, sell, or create products derived from the Service or the Software except in the event that the Provider has given you explicit written permission to do so. The Provider hereby grants you a personal, non-transferable and non-exclusive right and permission to use the working code of its Software, provided you do not copy or alter any source code whatever, or create a product derived from it, or carry out any reverse engineering or reverse assembly on it or in any other way attempt to find a source code (or permit third parties to do so) (except if and insofar as such acts are permitted by the provisions of any mandatory law that may be in effect), and you agree not sell, encode, sublicense, encumber with security rights or transfer in any other way any rights connected with the Software to any person or entity. You undertake not to alter the Software in any way whatever or to use any altered versions of the Software for the purpose of gaining unauthorized access to the Service or for any other reason. In gaining access to the Service, you undertake only to make use of the interface supplied for that purpose by the Provider. The Provider hereby grants you permission to make one copy only of the Information on the equipment you use for gaining access to the Service, and to use and display the copy of the Information made on that equipment for private purposes.

13. TRADEMARK.
You agree that without prior permission from the Provider, you will not use or display in any manner whatever the trade names, trademarks, word trademarks, pictorial trademarks or logos used in connection with the Service.

14. GENERAL INFORMATION.
These General Terms and Conditions take the place of all previous agreements between you and the Provider. If you use any additional service, material or software from third parties, additional General Terms and Conditions may be applicable to you. Any failure by the Provider to exercise or invoke certain rights or stipulations laid down in the General Terms and Conditions in no way constitutes a waiver or renunciation of those rights or stipulations. European law is applicable to the relationship between you and the Provider, regardless of any provisions of applicable international law. Disputes will be submitted to your national competent court. If a court of competent jurisdiction is of the opinion that any stipulation in the General Terms and Conditions is not applicable, the parties nevertheless agree that the court must attempt to satisfy the wishes of the parties reflected by that stipulation, while the other stipulations of the General Terms and Conditions remain unimpaired.

15. PRIVACY POLICY
The Provider currently supplies you as a user access to an extensive collection of on-line and mobile entertainment and information via on-line and SMS, GPRS and 3G services , hereinafter to be referred to as the Service. Unless expressly stipulated otherwise, the General Terms and Conditions and Privacy Policy are applicable to all new facilities constituting any expansion to or improvement of the Service, including the release of new functions by the Provider. The Provider respects your privacy in your use of our Services. We see to it that your personal information is always handled with care. We obviously observe the legal requirements imposed by the English Data Protection Act and, in the near future, the new Personal Data Protection Act. Your information is included in the Provider's Users' Records. At the time of registration we enter your essential information in the Provider's Personal Registration System. This is the information you are required to supply in order to have access to the use of the Services and to receive prizes, and includes your given name, family name, sex, age and telephone number (mobile). Your personal information will not be disclosed or passed on to others unless if it is expressly set out in this General Terms and Condition and Privacy Policy unless you yourself request us to do so in any specific case.

16. OPT-IN
The Provider will start the subscription service once the user has given permission to do so. You gives the Provider permission if you text in the keyword of the service to the short number of the Provider, for example by texting the word STOP <Keyword> to 32171. You will then receive a confirmation message confirming your subscription status and the service starts. In the case of a ringtone service you may be asked to text the type of phone you are using, before the service starts. DapatBest is the sole proprietor of all the premium mobile billable/chargeable services rendered under its brand, trademark or affiliated services. DapatBest services enable offers convenience of mobility to its registered members via mobile subscription plans, for example mobile blogging, daily social Alerts, Ringtones, Monotone, Polytone, Truetone, Video, Wallpaper, Java Games, Text Alerts, Jokes and many more exciting content via mobile. To subscribe to sexy content, you must be 18+ years and above to proceed and strictly requires parents permission or mobile plan owner prior to subscribing. Contact information will be provided you, so that you may stop the service at any time. To stop, user can send SMS, STOP <Keyword> to 32171 or call customer services for termination at 03-5880 7505.

17. OPT-OUT
The Provider gives you the possibility of interrupting the flow of information received via SMS. We offer you this facility on the webpage where the Service is. Generally, information received via SMS can be interrupted by sending an SMS message starting with the keyword, eg. STOP <Keyword> to 32171. You can send this message to the abbreviated number you used for entry. For example, to stop the TextAlert services, send a message with the text STOP <Keyword> to number 32171. To stop, user can send SMS, STOP <Keyword> to 32171 or call customer services for termination at 03-5880 7505.

18. SECURITY AND PROTECTION
The infrastructure and programmes are constructed and protected in such a way that it can be reasonably assumed that unauthorized persons cannot gain access to any information about users. Please refer to our General Terms and Conditions regarding liability of the Provider.
Acceptance of this policy means the Provider:
- may use the information or a combination of it to execute the agreement between you and Provider, and to allow you the best possible use of the Provider's website;
- may re-use the information communicated by you on the site or via SMS;
- can inform you about offers, discounts, new developments and additional services offered by the Provider;
- may process the information in connection with the formation or maintenance of a direct relationship between the Provider and/or enterprises selected by it and you for the purpose of recruitment for commercial or charity. The Provider may anonymize that information and use it or offer it to third parties in anonymous form.
Your acceptance of this policy
By using the Service of the Provider you agree with this Privacy Policy and the General Terms and Conditions. If you disagree with this, do not make use of our Service. We reserve the right at any moment to change, modify, extend or limit this Privacy Policy and the General Terms and Conditions. We therefore advise you to read these pages regularly.

======================================================================================================
DISCLAIMER

YOU EXPRESSLY AGREE THAT:

a) THE PROVIDER DOES NOT IMPLICIT OR EXPLICIT PROVIDE ANY GUARANTEES OR WARRANTY OF ANY NATURE WHATEVER, INCLUDING BUT NOT LIMITED TO IMPLICIT GUARANTEES WITH REGARD TO SALABILITY, SUITABILITY FOR A SPECIFIC PURPOSE AND/OR INFRINGEMENT;

b) THE PROVIDER DOES NOT WARRANT THAT (1) THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL PURCHASED OR ACQUIRED BY YOU VIA THE SERVICE MEETS YOUR EXPECTATIONS, (2) THE RESULTS ACHIEVED BY USING THE SERVICE ARE CORRECT OR RELIABLE, AND (3) ERRORS IN THE SOFTWARE WILL BE CORRECTED;

c) YOU USE THE SERVICE AT YOUR OWN RISK TO OBTAIN OR DOWNLOAD MATERIAL IN ANY WAY WHATEVER, AND THAT YOU ALONE BEAR RESPONSIBILITY FOR ANY DAMAGE TO OR LOSS OF INFORMATION OCCURRING AS A RESULT OF DOWNLOADING OR USING THE MATERIAL;

d) NO GUARANTEE, WARRANTY, REPRESENTATION THAT IS NOT EXPRESSLY INCLUDED IN THE GENERAL TERMS AND CONDITIONS IS APPLICABLE TO EITHER WRITTEN OR ORAL INFORMATION, HINTS OR ADVICE THAT YOU OBTAIN FROM THE PROVIDER OR VIA/FROM THE SERVICE

======================================================================================================
LIMITATION OF LIABILITY.
YOU AGREE THAT THE PROVIDER IS NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, UNUSUAL OR CONSEQUENTIAL DAMAGE OR LOSSES INCLUDING FOR LOSS OF BUSINESS CONTRACTS, PROFITS, GOODWILL, LOSS OF DATA HOWEVER THESE MAY ARISE OR ARISING FROM (1) THE USE OF THE SERVICE OR THE INABILITY TO USE THE SERVICE; (2) THE COSTS OF SUPPLYING REPLACEMENT GOODS AND SERVICES AS A CONSEQUENCE OF GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR ACQUIRED VIA OR FROM THE SERVICE, OR AS A CONSEQUENCE OF REPORTS RECEIVED OR TRANSACTIONS EFFECTED; (3) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR MESSAGES OR INFORMATION; (4) STATEMENTS OR CONDUCT OF THIRD PARTIES ON THE SERVICE, OR (5) ANY AND ALL OTHER MATTERS IN CONNECTION WITH THE SERVICE. YOU SHALL NOT USE THE SERVICE IN ANY CASE WHERE DAMAGE OR INJURY TO PERSON, PROPERTY OR BUSINESS MAY OCCUR IF ANY ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.

Our Customer Service Operates full time to serve you better.

If you have any enquiries please direct them to us at 03-5880 7505 (9am-5pm, Mon-Fri, except Public Holiday).

If our lines are busy, send us an email at: cs@ikhtiarsb.com.my and we will get back to you soon.

To cancel subscription, please deliver send sms; STOP ALL to 32171.