THALIAS Co., LTD hereinafter referred to as (the “Web Owner”) has the exclusive intellectual property rights over all the material includes, but is not limited to, the design, layout, look, appearance and graphics, the texts, content, comments, works, illustrations, photographs, images, videos, sounds, plans, tradename, logo, creations and various protected works, reproduced on https://cambodgemag.com/ hereinafter referred to as the (the “Site”).
Content and all material on this Site is protected by copyright. Nevertheless, “Web Owner” owns and retains copyright (and any other intellectual property rights) in all its artwork, copy and other materials on the Site.
III. REFERENCING AND AVOIDING PLAGIARISM
The Parties hereby covenant that any illustration in all nature of publication, “Web User” is allowed to copy only 10 % (Ten percent) of the whole content of the Site, in such case, “Web User” is subject to:
1. mention the source of the article;
2. identity author’s name;
3. and credit photos as well as the link to the original Site
Nevertheless, “Web User” acknowledges that using the Site’s production without crediting its original source, means to commit literary theft as one’s own original material, and to present existing material as new and original, an idea or product derived from a source constitutes Plagiarism which is exclusively prohibited.
Without limiting to the general terms of the restrictions hereabove mentioned, “Web User” is completely prohibited to:
- Reproduce or transmit to any other website, copy, publish, translate, adapt and alter, distribute all or any part of the Site’s Content;
- Modify, copy, create derivative works from, or in any way exploit all or any part of the Site’s content. Nor may “Web User” transmit it or store it in any other website or other form of electronic retrieval system;
- Reproduce the digital version of the Site’s content for press review purposes, to broadcast single-shot copies, to make documentary copies;
- Reproduce the whole or a substantial part of the Site’s content, any separated articles, articles, or even though short extract of the Site.
Performing any of these acts by “Web User” shall be considered as committing criminal offenses on the Copyrights infringement as set by Cambodian Law on Copyrights and Related Rights.
Any use of the Site’s content not specifically permitted above is expressly prohibited.
Requests for permission for other uses may be submitted to email@example.com and may be subject to a remuneration as set at the sole discretion of “Web Owner”.
VI. COVENANTS OF WEB USER
“Web User” hereby covenants, represents and warrants that:
- Any contents contained in the Site are protected by Cambodian Copyrights law, and that “Web User” may not modify, make copies, reproduce, republish, upload, post, transmit, or distribute in any way any copyrighted content from the Site, without explicit written consent from “Web Owner”;
- “Web User” may print a copy or portions thereof for personal, non-commercial use only, limited to maximum 10% of the whole content provided;
- Any use of the Site’s content must be approved in writing from Web Owner, with subject to a remuneration and that reprints of portions or quotes for limited publication or distribution, if approved, must include the author’s name, along with the appropriate copyright notice and Web Owner’ contact information, in addition to citing the name of the publication as the source;
- Non- compliance with the conditions set forth herein, Web User will be held responsible before the Law as defined in point VI hereunder.
In the event of Web User’s failure to comply with terms and conditions set forth herein or violation of Web Owner’s copyrights constitutes an offense of infringement, “Web User” is punishable, by Law, in particular, Cambodian Law on Copyrights and Related Rights, by 06 (six) months to 12 (twelve) months imprisonments and/or 5,000,000 (five million) Riels to 25, 000, 000 (twenty-five million) Riels fine. Double punishment is applied in case of repeated offense.
Notwithstanding the foregoing, “Web Owner” may file a petition to the court requiring that the infringer stops the infringement and pays compensation to “Web Owner” in the form of damages.
Furthermore, “Web Owner” may in the petition, also seek the return of the disputed equipment or materials, as well as the return of any benefits that were gained from the infringement.
The court may also order confiscation or destruction of equipment or materials being produced or used and it has the authority to seize all necessary evidence, such as illegal copies.
“Web User” hereby agrees to indemnify and hold “Web Owner” harmless from and against any and all claims by third Party, damages, costs and expenses including, without limitation to attorney fees and costs, arising from or subject to this Agreement, regardless of the form of action or claim that arises out of or in connection to the copyrighted work.
VIII. GOVERNING LAW AND JURISDICTION
This Agreement shall be made under and construed by Cambodian law.
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or performance, shall be referred to and finally resolved by arbitration in the Kingdom of Cambodia in accordance with the Arbitration Rules of the National Commercial Arbitration Center (NCAC) being in force at the time of commencement of arbitration and by reference in this clause the NCAC Rules are deemed to be incorporated as part of this contract.
The language of the arbitration shall be in English.
IX. DISCLAIMER OF WARRANTIES
The Site is presented for information purposes only. Whilst “Web Owner” has worked diligently to provide accurate and complete information, it can’t guarantee the accuracy.
Web Owner will not be liable for any consequences that might arise from the use of the information available on the Site.
By accessing this Site, “Web User” acknowledges that the Site, the information and material which it contains are subject to change without notice.