Terms of Use

Dated: 17 September 2012

The terms and conditions of this Agreement govern your access to and use of the services provided by Imotiv Ptd Ltd (“Imotiv” or “We” or “Our”), a Singaporean entity, through various electronic platforms such as mobile applications and website (“Application”).

Subject to your compliance with the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable licence, without the right to sublicense, to download and install a copy of the Application onto any authorized device you own and control, and run such copy of the Application solely for your personal, non-commercial use. Notwithstanding the above, Imotiv reserves the right to refuse to provide services to anyone, for any reason or no reason, in Imotiv’s sole discretion.

By installing and/or accessing and/or using the Application, you are indicating that you have read, understand and agree to be bound by the terms and conditions herein. If you do not agree to these terms of use, you must remove or delete the Application immediately.

Modification

Imotiv reserves the right to change our terms and conditions herein from time to time. We may change any or all aspects of services provided by the Application at any time and without notice. Nothing in this Agreement will constrain how we operate our business.You shall be responsible for reviewing and becoming familiar with any such modifications.

If the alterations constitute a material change to our terms and conditions, we will notify you by posting a notification on our Application or website. Use of the services by you following such notification constitutes your acceptance of the terms and conditions of the terms and conditions as modified.

What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.

Registration

To access or use the Application, you are required to register for an account by providing, among others, your name, email address and password.

You may post an image of yourself for the use of your online profile. By submitting such image, you represent and warrant that you are authorised to use such image and grants Imotiv the non-exclusive and royalty-free right to use the image.

You may also sign up for an account by connecting your account with other third party accounts such as Facebook or Nuffnang and you grant Imotiv the permission to access and transfer the information stored in such account(s).

You shall provide Imotiv with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the terms and condition of this Agreement, which may result in immediate termination of your account. In registering an account, you shall not:

  1. select or use as an account a name of another person with the intent to impersonate that person;
  2. use as an account a name subject to any rights of a person other than you without appropriate authorization; or
  3. use as an account a name that is otherwise offensive, vulgar or obscene.

We reserve the right to refuse registration of, or cancel an account in its discretion. You shall be responsible for maintaining the confidentiality of your password.

Use of the Application

Imotiv cannot guarantee it but will strive to keep Imotiv safe for your usage. Therefore, your cooperation is really much appreciated.

You shall not use, allow, or enable others to use the Application, or knowingly condone use of the Application by others, in any manner that is, attempts to, or is likely to:

  1. be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
  2. affect us adversely or reflect negatively on us, the Application, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person from using all or any portion, features or functions of the Application, or from advertising, linking or becoming a supplier to us in connection with the Application;
  3. send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
  4. be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
  5. transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
  6. violate any laws, regulations, judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person;
  7. gain unauthorized access to the Application, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Application or to use the Application in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
  8. modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Application or the rights or use and enjoyment of the Application by any other person;
  9. collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, in connection with their or your use of the Application, unless you have obtained the express, prior permission of such other person to do so; or
  10. “stalk” or otherwise harass another.

Imotiv may place advertisements in the Application. The manner, mode and extent of such advertising are in the sole discretion of Imotiv and subject to change without specific notice to you.

You must be at least 18 years of age, or of legal age as specified by the laws of Singapore from time to time, in order to use the Application. Imotiv shall disclaim responsibility for its contractual obligation made with a minor.

Any agreement entered into by a minor shall be deemed to be entered into by the said minor's legal guardian and shall be binding on the legal guardian, including but not limited to all financial charges and legal liability that the minor may incur as a result of entering into this Agreement.

Third Party Content

The Application allows you to follow any websites as you desire. It will provide the contents of third parties which are selected by Imotiv and/or by yourself.

When you select your preferred websites, you acknowledge and agree that Imotiv has no control over the content provided by such websites. Please follow or interact at your own risks because you may be exposed to content or material that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that are otherwise deceptive.

You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any content by third parties, and Imotiv disclaims any liability that you may incur arising from your access to, use of or reliance upon such third party content.

Imotiv is not responsible or liable:

  1. for the availability or accuracy of such third party content;
  2. for the content, products, or services on or through such third party content; and
  3. to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such third party content.

We do not make any promises to remove such third party content from being accessed through the Application.

The availability of such third party content does not imply any endorsement by us of such third party content or the content, products, or services available therefrom. You acknowledge sole responsibility for and assume all risk arising from your use and reliance of any third party content.

Privacy

Imotiv may retain and use information that you provide subject to the terms of the Imotiv Privacy Policy. For further information, please refer to Privacy Policy.

If there is a conflict between the terms and conditions of this Agreement and our Privacy Policy, the terms of the Privacy Policy will prevail. Please carefully review our Privacy Policy to understand our collection, use and disclosure practices.

Notifications

As part of the service provided, Imotiv will send emails to notify you on the on-going activities on the Application or to inform you about new products or services provided by Imotiv. To change any of the settings, please refer to ‘Notifications’ on ‘Your Settings’ page.

Claim Your Blog

When you claim your blog, you must ensure that you are the owner of the blog. You are not permitted to claim blogs that belong to others. By claiming your blog, you grant us a licence to make your blog or blog(s) available to the rest of the world. The licence may also allow Imotiv to promote and place your blog as a recommendation for other users.

Recommended websites

Imotiv may recommend websites to you as part of the service or according to your preferences, it is not compulsory for you to read them, it is up to your discretion. Furthermore, please note that Imotiv does not guarantee that your website will be placed on the recommended page.

Messaging Services

The Application may allow users to send messages to each other. However, the use of the private messaging service is not "Private" in the sense that it is a message seen only by the sender and receiver. While the message is private from the rest of the users, Imotiv can view them if needed from the database.

Intellectual Property

You acknowledge that Imotiv owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Application, and that you will not acquire any rights, titles, or interests in or to the Application except as expressly set forth in this Agreement.

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Imotiv’s services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Application or proprietary information related thereto.

You will not remove, obscure, or alter Imotiv’s copyright notice, Brand Characteristics (as defined below), or other proprietary rights notices affixed to or contained in the Application.

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

If you wish to use Imotiv’s trade names, trade marks, logos, domain names, and any other Imotiv brand characteristics ("Brand Characteristics"), you may do so, so long as such use is in compliance with this Agreement and you agree not to:

  1. Display the Imotiv Brand Characteristics as the most prominent element on your web page;
  2. Display the Imotiv Brand Characteristics in any manner that implies a relationship, affiliation or endorsement by Imotiv that can suggest the editorial content of the web page represents the views or opinions of Imotiv and its staff;
  3. Display the Imotiv Brand Characteristics on any Web page that contains or displays adult content, promotes gambling, or otherwise violates applicable law;
  4. Display Imotiv Brand Characteristics in a manner that is in Imotiv’s sole opinion misleading, defamatory, obscene, infringing or otherwise objectionable by Imotiv;
  5. Remove, distort or change any element of a Imotiv Brand Characteristic; and
  6. Do not use our trade marks in a manner which will dilute theirs distinctiveness. Do not use any of our trade marks or our related companies such as Imotiv, Nuffnang, INNIT, ChurpChurp, Jipaban, as a verb. And don’t pluralize them either. Also do not combine your name with our trade marks.

You will grants or cause to be granted us a royalty-free, non-exclusive, worldwide, perpetual, right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, all of the content you submit to us, and to sublicense the foregoing rights to our affiliates and operators of any website or other online point of presence (other than the Application) through which the Application is available thereon are syndicated, offered, advertised or described.

Nothing in this Agreement will prevent or impair our right to use without your consent the content and any other materials provided by you, to the extent that such use is allowable without a license from you under applicable law (e.g., fair use under copyright law, referential use under trade mark law, or valid license from a third party).

Take Down Notice

If you believe in good faith that the materials we host infringe on your copyright, you (or your agent) may send us a notice, requesting that we remove or block access to the infringing material, which shall include the following information:-

    an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  1. identification of the copyrighted work claimed to have been infringed;
  2. a description of where the material that you claim is infringing is located on this website;
  3. your address, telephone number, and e-mail address;
  4. 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
  5. a statement by you, under penalty of perjury in the form a Statutory Declaration, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Suspension or Cancellation

If you breach any of the terms of this Agreement, we have the right to suspend or disable your access to or use of the Application.

Confidentiality

You will not disclose or use Imotiv’s Confidential Information.

"Confidential Information" means any information disclosed or made available to you by Imotiv, directly or indirectly, whether in writing, orally or visually. It includes but is not limited to all information contained within Imotiv reporting systems and other performance metrics and any other technical or programming information Imotiv discloses or makes available to you.

However, Confidential Information does not include information other than information that:

  1. is or becomes publicly known and generally available other than through your action or inaction; or
  2. was already in your possession (as documented by written records) without confidentiality restrictions before you received it from Imotiv.

Limitations of Liability

You expressly agree that Imotiv, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors will not be liable for any loss of profits, data or followers, costs of procurement of substitute goods or services, or for any other indirect, special, incidental, punitive, consequential damages arising out of or in connection with this Agreement or other intangible losses, however caused, and under whatever cause of action or theory of liability brought, even if Imotiv has been advised of the possibility of such damages, resulting from

  1. your access to or use of or inability to access or use the Application;
  2. any conduct or content of any third party on the Application, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
  3. any content obtained from the Application; and
  4. unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Imotiv has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

If you are dissatisfied with any aspect of the Application, or with any of these terms of use, your sole and exclusive remedy is to discontinue your access and/or use of the Application. This limitation of liability shall apply to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold Imotiv, its agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Application and/or your breach of any term of this Agreement.

Disputes Resolution

This Agreement will be governed by the laws of Singapore and parties agree that any dispute or claim between you and Imotiv will be adjudicated in the courts in Singapore. Any claim against Imotiv arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party;

You agree to file any claim or cause of action against Imotiv within one (1) year of the date that the claim or cause of action arises.