Singapore / Singapore

Issue No: 1  |  Effective Date: 15 March, 2010

Acceptance of Terms

UX-i provides an online service powered by Twitter (referred to hereafter as "Service") that is subject to the following Terms of Use ("Terms"). By using the Service in any way, you agree to comply with these Terms. In addition, when using particular tweetzi Local services, you agree to abide by any applicable published guidelines for those services, which may change from time to time. Please contact us to report any violation of these Terms.

Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. UX-i will not be held be liable for any loss or damage for non-compliance.

These Terms may be updated by UX-i. You understand and agree that you are solely responsible for reviewing these Terms from time to time. You can always review the most current version of these Terms at:

http://tweetzi.com/local/terms

Any continued use of the Service by you after such amended Terms have been published or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms.

You understand and agree that unless expressly stated, UX-i in no way controls, verifies or endorses any of the information contained on or in the Service including listings, links, media, messages, advertisements and reviews.

1. Content

You understand that all listings, tweets, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Service are the sole responsibility of the person or organization from whom such Content originated. You also understand that UX-i does not control and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.

Furthermore, the Content made available through the Service may contain links to other web sites that are completely independent of UX-i. UX-i makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on such web sites. Under no circumstances will UX-i be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, tweeted, emailed, linked or otherwise made available via the Service.

You understand and agree that any posting / tweeting will be at your sole risk and UX-i shall not be responsible to you in any way. Further, UX-i does not provide any warranty as to your use of third-party content or software that you obtain from the Service.

You are also fully responsible for any Content you post on the Service and to the consequences of any such Content. Although UX-i does not claim ownership of Content, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to UX-i an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that UX-i, in its sole discretion, may delete, block or filter any Content for any reason.

2. Conduct

You agree to act responsibly and to treat other users with respect. Users must not use the Service to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be blocked from the Service.

You agree to the Service Rules:

• Do not harass, intimidate, threaten, abuse or defame others
• Do not compromise the privacy or safety of others
• Do not compromise, exploit or otherwise harm minors
• Do not link to, embed, or provide access to pornographic material
• Do not unfairly or illegally discriminate on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability
• Do not use our service in any way that violates local or national laws
• Do not impersonate individuals, businesses or other entities
• Do not infringe upon patents, trademarks, copyright or the intellectual property of others
• Do not link to, embed or provide information or content that is false, deceptive, misleading or illegal under applicable law
• Do not spam others
• Do not link to, embed or provide access to malicious software, adware or viruses
• Do not use automated methods to manipulate search and content listings or compromise the Service

You agree not to post Prohibited Items & Content:

• Weapons, ammunition, fighting knives, stun guns, tear gas
• Controlled substances, illegal drugs, alcohol, tobacco
• Prescriptions drugs and medical devices
• Unproven or fake medicines, drugs or supplements
• Blood, bodily fluids, body parts
• Animal parts, blood or fluids.
• Endangered or controlled animals, birds, fish or insects
• Controlled or restricted plants, woods, barks or seeds
• Pesticides, hazardous substances, toxic waste
• Stolen goods
• Counterfeit currency, stamps, coins, tickets or certificates
• Counterfeit or replica goods
• Items with restricted or prohibited resell rights
• Equipment designed for illegal activities
• Items, content or activities (including gambling) that are unlawful in your locality, state or country
• Child pornography, obscene material, illegal content
• Solicitation of illegal prostitution

Additionally, you agree not to:

• Contact any user who has asked not to be contacted
• "Stalk" or otherwise harass anyone
• Delete, revise or manipulate any material posted by any other user
• Falsely state or misrepresent your affiliation with another person or entity
• Make posts in unrelated Service sections or categories

3. Ownership

All right, title and interest in and to the Service are and will remain the exclusive property of UX-i and its licensors. "tweetzi" and "tweetzi LOCAL" logos, icons and other marks identifying tweetzi services or products are trademarks of UX-i and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms or our API provision, you may not copy reproduce, distribute, or create derivative works of the Service without UX-i's express written authorization. All rights not expressly granted in these Terms are reserved to UX-i.

4. Dealings with Organizations or Individuals

UX-i shall not be liable for your interactions with any organizations and/or individuals found via the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that UX-i is not responsible for any damage or loss incurred as a result of any such dealings. UX-i is under no obligation to become involved in disputes between participants on the Service, or between participants on the Service and any third party. In the event of a dispute, you release UX-i, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Service.

If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

5. Limitation & Termination of Service

You acknowledge that UX-i may establish limits concerning use of the Service. You agree that UX-i has no responsibility or liability for the deletion or failure to store, retrieve or display any Content maintained or transmitted by the Service or Twitter. You acknowledge that UX-i reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that UX-i shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that UX-i in its sole discretion, has the right (but not the obligation) to block your access via IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and modify the display of any Content within the Site, for any reason, including, without limitation, if UX-i believes that you have acted inconsistently with these Terms. Further, you agree that UX-i shall not be liable to you or any third-party for any termination of your access to the Service or Twitter. Further, you agree not to attempt to use the Service after said termination.

6. Privacy & Information Disclosure

UX-i has a Privacy Policy that explains to users how their information is collected and used. A copy of the current version of our Privacy Policy can be found at:

http://tweetzi.com/local/privacy

Your use of the Service signifies acknowledgement of and agreement to our Privacy Policy.

You further acknowledge that UX-i may, in its sole discretion, preserve or disclose your Content, as well as your information, such as IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of UX-i, its users or the general public.

7. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. UX-I, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER UX-I, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES UX-I ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. Limitations on Liability

IN NO EVENT SHALL UX-I, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF UX-I HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, UX-I SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF UX-I TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO UX-I, IF ANY, FOR ACCESS TO AND USE OF THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UX-I AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnity

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD UX-I HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST UX-I ARISING OUT OF YOUR USE OF THE SERVICE.

Without limiting the foregoing, under no circumstances shall UX-i or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

10. Miscellaneous Provisions

These Terms will be governed by and construed in accordance with the laws of England and Wales (United Kingdom), without giving effect to its conflict of laws provisions or your actual state or country of residence.  If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of the Terms will be effective only if in writing and signed by UX-i.

Questions & Concerns

If you have any questions regarding these Terms, please contact us.