Updated Date on September 12, 2012
QIITO is an online service which allows users to browse photos, discover places and build travelogues (the "Services") through our website, accessible at http://qiito.com (the "Site")
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU ARE A REGISTERED USER. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT THE SITE AND CEASE USING THE SITE AND THE SERVICES IMMEDIATELY
If you are representing a company or a legal entity, you warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Different parts of the Site or Services offered on the Site may have differing terms that may conflict. In such instances, these Terms will take precedence with respect to the use or access of the Site, Services or Site Content
QIITO reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. The modified terms will be posted on the Site along with the date when the modifications are effective. By continuing to access or use the Site or Services after the modifications, you agree to be bound by the Terms which have been modified from time to time. If the modified Terms are not acceptable to you, please cease using the Site and the Services.
Key Terms related to Content
"Content" here means any text, graphics, documents, photographs, images, music, software, audio, video, information, digital or electronic files or other materials.
"QIITO Content" means all Content that QIITO makes available through the Site or Service, excluding Member Content but including any Content licensed by QIITO from a third party.
"Member" refers to any person that completes the QIITO’ member registration process, as described under " Member Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
"Site Content" refers to Member Content and QIITO Content.
To start using the Services, you will need to become a Member of QIITO
To become a member, you must register with QIITO through your account with third party social networking services ("SNS"), including, but not limited to, sites such as Facebook. When you register through your SNS account, you will be asked to login to the Site using your SNS account credentials.
By registering with QIITO through the SNS, you hereby allow QIITO to access your SNS account information and you acknowledge and warrant that you abide by the applicable terms and conditions imposed by your SNS or by QIITO when using or accessing the Site, Services or Site Content through the SNS. By using or accessing the Site, Services or Site Content through the SNS, you may configure the desired settings between your QIITO account and SNS account.
You acknowledge and warrant that the information provided by you during the registration process (and any information provided thereafter)is accurate, current and complete. QIITO reserves the right to suspend or terminate your account with QIITO (“Account”), or to take any action which it deems necessary in its sole discretion if the above information is found to be inaccurate, or incomplete. You agree to take sole responsibility for any activities or actions under your Account, regardless of whether you have authorized such activities or actions. You will immediately notify QIITO of any unauthorized use or access of your Account.
The Site, Services and Site Content are protected by copyright, trademark, and other laws of the Republic of Singapore and foreign countries. Unless explicitly permitted in these Terms, QIITO exclusively owns all right, title and interest in and to the Site, Services and QIITO Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or QIITO Content.
Site Content License
Subject to your compliance with the terms and conditions of these Terms, QIITO grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Site Content solely for your personal and non-commercial purposes only. You agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, or Site Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by QIITO, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content through the Site or Services, you hereby grant to QIITO a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site or Services. QIITO does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that:
(i) you either are the sole and exclusive owner of the Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to QIITO the rights in such Member Content, as contemplated under these Terms; and
(ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or QIITOs’ use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You acknowledge and agree that by uploading, transmitting or making available MemberContent through the Site or Service, you are assuming the risk that others may reproduce or otherwise make use of such Member Content. You agree not to hold QIITO liable for any third-party reproduction or use made of such Member Content, whether or not you have consented to such reproduction or use.
You agree not to:
QIITO reserves the right to investigate and prosecute any violations of the above to the fullest extent of the law. At any time, QIITO may involve and cooperate with enforcement authorities in prosecuting users who violate these Terms. QIITO has no obligation to monitor your access to or use of the Site, Services or Site Content or to review or edit any Site Content. However, QIITO has the right to review, edit or remove any Site Content for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with the law or the order or requirement of a court, administrative agency or other governmental body. QIITO reserves the right to remove or disable access your access to any Site Content, at its sole discretion, should QIITO deem that a violation of these Terms has occurred or harm has or will be done to the Site or Services.
QIITO respects copyright law and has a policy that provides for the termination in appropriate circumstances of registered member who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
If you are a copyright owner and would like to request that copyrighted material belonging to you be removed from the Site, please contact us at [email protected] with your contact information with a link to identify the copyrighted work that you claim has been infringed.
For any other queries or feedback, you can email us at [email protected]
Links to Other Sites
The Site may contain links to third-party websites or resources. You acknowledge and agree that QIITO is not responsible or liable for:
Termination and Account Cancellation
If you breach any of these Terms, QIITO will have the right to suspend, terminate, modify or disable your Account at its sole discretion at any time for any reason without prior notice to you. QIITO reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause. You may cancel your Account at any time by sending an email to [email protected]. QIITO may stop offering and/or supporting the Site and Service at any time.
THE SITE, SERVICES AND SITE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. QIITO MAKES NO WARRANTY THAT THE SITE, SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. QIITO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT QIITO DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES QIITO MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. QIITO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold QIITO, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER QIITO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, SITE CONTENT , OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QIITO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL QIITO AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR SITE CONTENT EXCEED ONE HUNDRED SINGAPORE DOLLARS (SGD$100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QIITO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of QIITO used herein are trademarks or registered trademarks of QIITO. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed and construed in accordance with the laws of the Republic of Singapore, Any dispute arising out of or in connection with these Terms, including without limitation any questions regarding its existence, validity or termination, shall be referred to and finally resolved by the exclusive jurisdiction of the Courts of Singapore.
These Terms, together with any amendments and any supplemental agreements you may enter into with QIITO for the use of the Site and Services, constitute the entire understanding and agreement between QIITO and you regarding the Site, Services, Site Content, and Member Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without prior written consent from QIITO. Any attempt by you to assign or transfer these Terms, without such consent, will be void and of no effect. QIITO may assign or transfer these Terms, at its sole discretion, without restriction and without requiring your consent. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by QIITO (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of QIITO to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of QIITO. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third Party Rights
A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act Cap 53B to enforce any of these Terms.