LocatedAt Terms of Use

(As of April 25, 2013)

Welcome to www.locatedat.com ("The Site") and LocatedAT ("The mobile application"). By accessing The Application/Site, you are deemed to have clearly understood and accepted to the terms of use ("Terms") which govern your use to The Application/ Site. The Terms are subjected to change periodically without prior notice, you are deemed to have been apprised of and bound by any changes to the Terms. You agree that your continued utilization of the application/ site after such update will constitute your acceptance of and agreement to be bound by the updated Terms of Use. In addition, when using the Services (defined below) or the web application, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms. In most cases the guidelines and rules are specific to a particular part of the Service and will assist you in applying the Terms to that part, but to the extent of any inconsistency between the Terms and any guideline or rule, the Terms will prevail.

Application and Service:

We provide users with access and use of materials or Contents on the Site & Application (the "Service") through our network of properties which may be accessed through any various medium or device now known or hereafter developed, including but not limited to the World Wide Web. You understand and agree that the Service is provided on an "AS-IS" basis and that we assume no responsibility for the timeliness, deletion, misdelivery, misrepresentation or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime or data charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Unless expressly stated otherwise, no information presented in the Service or in connection with any products and services forming part of the Service shall be deemed as a binding offer by us or the relevant third party, but may constitute an invitation for you to place an order. In respect of contracts for our or any third party's products and services which are made available as part of the Service, these shall be deemed concluded when we or the relevant third party have accepted your order for the same or have provided you with the product or service pursuant to your order.

Permitted Use

You agree that you are only authorized to utilise, view, and retain a copy of pages of this Application / site for your ownpersonaland non-commercial use, and that you shall not duplicate, download, publish, modify, adapt, create derivative works, appropriate, reproduce, or otherwise distribute, sell, trade, or in any way exploit the material on this Site & Application (including the Site/ Application's and any third parties' contents and Intellectual Properties), for any use, or for any purpose other than as described in these Terms. You agree to cooperate with the Site/ Application administrator to immediately cease any activities that have any materials of the site/ application, expressed/presented/published outside of www.locatedat.com without the Site/Application Administrator's prior written and signed permission. You agree not to take any action that might compromise the security of the site / application, render the site/ application inaccessible to others or otherwise cause damage to the site/ application or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site/Application in any manner that might interfere with the rights of third parties. To access this site/ application, you may be asked to provide certain registration details or other information. It is a condition of your use of this site/ application that all the information you provide on this site/ application will be correct, current, and complete. If the Site/ Application Administrator believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site/ application or any of its resources, and to terminate or suspend your access at any time, without notice. By giving or making available the Registration Data and such other information about yourself to us, you agree and acknowledge that we may use or release such information to third parties and that you give consent to such use or disclosure. You further agree that providing us with your Registration Data and/or using the Service, you expressly request to receive and consent to receiving communications and materials from us from time to time. You understand that through your use of the Service you consent to the collection and use of this information, including the transfer of this information to other countries for storage, processing and use by us and our affiliates. Unless specifically authorized by the Site/ Application administrator, you also agree not to deep-link to the Site/Application for any purpose, or to mine the Site/ Application to create a database of businesses or business reviews for any commercial purpose. Use of this Site/ Application is void where prohibited.

Conduct:

You agree that content you posted are/will not:

  1. Be offensive, harmful and/or abusive, including but not limited to, contain images depicting or language containing expletives or profanities, obscenities, harassment, vulgarities, sexually explicit material or that promotes bigotry or discrimination against protected classes (e.g., racist/discriminatory speech or imagery, graphics deemed profane, hate incitement, religious incitement etc.)
  2. Accuse others of illegal activity, or describe physical confrontations and/or sexual harassment.
  3. Be of a nature that does not address the goods and services, atmosphere, or other attributes of the business or have no qualitative value (including, but no limited to, spam, chain or other mass messaging).
  4. Be a shill or a deceptive advertisement or cause, or be a result of, a conflict of interest.
  5. Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights.
  6. Be inappropriate based on the applicable subject matter.
  7. Contain personal information or messages including email addresses, URLs, phone numbers and postal addresses.
  8. Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials.
  9. Contain material that violates the standards of good taste or the standards of this Application & the site.
  10. Contain material that is illegal, or that violates any federal, state, or local law or regulation.
  11. Contain language or images intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures.
  12. Contain material that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.

Use of Location-based Services

LocatedAT Sdn Bhd and its partners may provide certain features or services through LocatedAT mobile applications that rely upon device-based location information. To provide such features or services, LocatedAT Sdn Bhd may collect, use, transmit, process and maintain your location data, including the real-time geographic location of your device, and you hereby agree and consent to LocatedAT mobile applications collection, use, transmission, processing and maintenance of such location data to provide such services. Such information may include, but is not limited to device ID, device type and real-time geographic location of your device at time of your request.

LocatedAT mobile applications is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither LocatedAT Sdn Bhd nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by LocatedAT mobile applications.

Please note that LocatedAT Sdn Bhd does not associate personally identifiable information with your location unless you have provided your express permission for us to do so in order to provide you with a specific feature or service. We do not collect, maintain or track your location history. Lastly, if your location data is transmitted to a partner in order to provide a feature or a service, it is passed anonymously and never shared in such way as to be personally identifiable.

Proprietary Rights:

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. We grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, reproduce, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service. The Service may provide, or third parties may provide, links to other World Wide Web applications or resources. Since we do not possess any control over such applications and resources, you acknowledge and agree that we will not be held responsible for the availability of such external applications or resources, and do not endorse and are not responsible or liable for any Content, advertising, products or other materials on or available from such applications or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such application or resource. You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this application (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity.

Others:

Disclaimer:

THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE APPLICATION, THE SERVICE OR THE CONTENT. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE APPLICATION, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE APPLICATION. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE APPLICATION OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, VIRUS-FREE OR THAT DEFECTS IN THE APPLICATION OR THE SERVICE WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE APPLICATION, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Limitation of The Liability:

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS APPLICATION OR SERVICES OR WITH THE APPLICATION SHALL BE TO TERMINATE USE OF THIS APPLICATION AND SERVICES.

Indemnity:

You agree to indemnify and hold us, the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this application or site.

Jurisdiction:

These User Conditions and all matters relating to your access to, or use of, this Application and the Service shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter.

Tsujiri Malaysia
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