Terms of ServicesDated: 27 November 2012
This Agreement governs the use of the product and services provided by the members of the Netccentric Group ("Services").
A. Who are we?
Each company within the Netccentric Group is an independent legal entity. Netccentric Group is not a legal entity. Netccentric Group is a term to conveniently refer to a group of companies that are tied together by their corporate history.
|All Countries||Imotiv Pte Ltd
Company No: 201217734G
|Imotiv||38 Kinta Road,
#02-03 Singapore 219107
|Australia||Nuffnang Australia Pty Ltd
Company No: 68 133 905 647
|All Services||36B St Edmonds Road,
Prahran VIC 3181
|China & Hong Kong||Nuffnang China Limited
Company No: 1493735
|All Services||Sun Thirsty International Mansion
Suite 1810, 18 Nan Lang Jia Yuan,
Chaoyang District Beijing 100022,
|Malaysia||Nuffnang Sdn Bhd
Company No: 762669-K
|All Services except ChurpChurp||12B-5 & 12B-6, Heritage House,
33 Jalan Yap Ah Shak 50300
Kuala Lumpur, Malaysia
|Malaysia||ChurpChurp Media Sdn Bhd
Company No: 1003613-K
|ChurpChurp||12B-5 & 12B-6, Heritage House,
33 Jalan Yap Ah Shak 50300
Kuala Lumpur, Malaysia
|Philippines||Nuffnang Philippines, Inc
Company No: CS200812789
|All Services||Unit A, Upper Ground Floor,
F1 City Center Hotel,
Bonifacio Global City,
1634 Taguig, Philippines
|Singapore||Nuffnang Pte. Ltd.
Company No: 199603142C
|All Services except
ChurpChurp and Jipaban
|38 Kinta Road,
#02-03 Singapore 219107
|Singapore||ChurpChurp Pte. Ltd.
Company No: 200923959H
|ChurpChurp||38 Kinta Road,
#02-03 Singapore 219107
|Thailand||Nuffnang (Thailand) Co. Ltd.
Company No: 105554087328
|All Services||18th Floor, Phloenchit Center,
2 Sukhumvit Road,
Klongtoey, Bangkok 10110
|United Kingdom||Imotiv Ltd
Company No: 8162376
|All Services||145-157 St John Street,
London, EC1V 4PW,
|United States of America||Imotiv Inc.
Company No: C3480050
|All Services||440 North Wolfe Road,
Company No: 200612086W
|All Services||38 Kinta Road,
#02-03 Singapore 219107
Any reference to the words “We”, “Us” and “Our” would refer to the above applicable contracting entities. We reserve the right to change the contracting entities to suit our business needs.
The words “All Services” mean the Services provided to you in the place where you reside.
In particular, no company within the Netccentric Group can accept or receive service of process on behalf of another. No company within the Netccentric Group is legally liable for another unless specifically agreed to in writing to assume such liabilities. This site does not establish any nexus between any of the companies such that you can assume that they can be sued jointly or severally on behalf of another.
B. Your Account with us
We have implemented an integrated registration solution through a single sign on process ("SingleSignOn"). SingleSignOn means that once you open an account with us, you automatically register for all Services. Such account may be created through the registration pages of our Services and/or through connecting your social media networking accounts such as Facebook ® and Twitter ®. SingleSignOn also allows you to sign in and sign off from all Services and through all devices at once.
By creating such account, you allow us to share, the current or future, personal data provided by you, with members of Netccentric Group, it licencees and service providers who are under a duty of confidentiality to us and has undertaken to keep such information confidential, provided such providers has a legitimate right to such information.
In view of our multinational presence, your data may be transferred overseas. At the time of this Agreement, our presence includes Australia, China, Hong Kong, Malaysia, Philippines, Singapore, Thailand, United Kingdom and United States. As we continue to expand our business, we will establish more local subsidiaries or appoint licencees. Please visit our website regularly to see our presence.
C. Using our Services
In connection with your use of the Services, we may send you service announcements, updates, administrative messages, and other information.
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;
- identification of the copyrighted work claimed to have been infringed;
- a description of where the material that you claim is infringing is located on this website;
- your address, telephone number, and e-mail address;
- 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
- 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.
E. Your Content
Unless stated otherwise, we do not claim any permanent ownership of your content.
You will grant 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 through which the Services are 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).
We do not guarantee or warrant that the data stored in our server or generated by our Services (such as the fees payable to you) will be backed up. You shall be responsible for keeping an independent backup of all data stored or generated.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We will terminate your access to the site if you are determined to be, in our sole discretion, a repeat infringer of this Agreement.
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time.
We may, but shall not be obligated to, give you one warning if you have violated this Agreement prior to termination of your account.
We reserve the right to change our terms and conditions herein from time to time. We may change any or all aspects of the Services 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.
We have the right at any time and from time to time to make, add to, amend, cancel or suspend such rules and regulations in respect of the Services as may from time to time be required by the management, maintenance, safety, security, stability and/or care of the Services and all such rules and regulations shall bind you upon and from the date on which notice in writing thereof is given by us to you.
If the alterations constitute a material change to our terms and conditions, we will notify you by posting a notification on our 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.
H. Limitations of Liability
You expressly agree that we, our 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 we have been advised of the possibility of such damages, resulting from
- your access to or use of or inablity to access or use the Services;
- any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
- any content obtained from the Services;
- loss, corruption or destruction of your data; and
- 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 we have 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.
I. Intellectual Property
You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below) relating to the Services, and that you will not acquire any rights, titles, or interests in or to the Services except as expressly set forth in this Agreement.
"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.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Services or proprietary information related thereto.
You will not remove, obscure, or alter our copyright notice, Brand Characteristics (as defined below), or other proprietary rights notices affixed to or contained in the Application.
If you wish to use our trade names, trade marks, logos, domain names, and any other our brand characteristics ("Brand Characteristics"), you may do so, so long as such use is in compliance with this Agreement and you agree not to:
- Display the Brand Characteristics as the most prominent element on your web page;
- Display the Brand Characteristics in any manner that implies a relationship, affiliation or endorsement by us that can suggest the editorial content of the web page represents the views or our opinions and our staff;
- Display the Brand Characteristics on any Web page that contains or displays adult content, promotes gambling, hate or discrimination, or otherwise violates applicable law;
- Display Brand Characteristics in a manner that is in our sole opinion misleading, defamatory, obscene, infringing or otherwise objectionable by us;
- Remove, distort or change any element of a Brand Characteristics; and
- Use our trade marks in a manner which will dilute theirs distinctiveness. Do not use any of our trade marks 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 agree to indemnify, defend and hold us, our 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 Services and/or your breach of any term of our agreement for the use of the Services.
K. Disputes Resolution
This Agreement will be governed by the laws of Singapore and parties agree that any dispute or claim between you and us will be adjudicated in the courts in Singapore. Any claim against us 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 us within one (1) year of the date that the claim or cause of action arises.
If any of these terms and conditions of this Agreement is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of this Agreement will not be affected.
L. Contact Us
For queries about this Agreement, please contact us at contactus[at]netccentric.com