Subject of the Agreement

Churpchurp.com ("ChurpChurp") offers a network on the Internet (hereinafter "ChurpChurp Network") which allows you (the "Advertiser") to publish advertisement messages ("Advertisements") through the micro-blogging service "Twitter". Therefore, the Advertisements are being incorporated within the context of users of the micro-blogging service (the "Publishers"). The Publisher’s micro-blogging messages (all together the "Micro-Blog") are published through various channels such as Websites or specific software clients to the subscribers of the Micro-Blog (the "Followers"). The Advertisements are displayed along the Publisher’s other messages. The Advertiser will only be charged for any successfully published Advertisement in accordance with these Terms and Conditions.

TWITTER IS A TRADEMARK OF TWITTER INC. EXPLICIT NOTIFICATION IS HEREBY MADE THAT CHURPCHURP IS NEITHER AFFILIATED WITH TWITTER INC. NOR WITH ANY OF THEIR PRODUCTS.

Participation in the Network

1. By registering on the ChurpChurp Network as Advertiser you agree to accept all present Terms and Conditions. The Advertiser affirms to be over 18 years of age, and fully able and competent to enter into the terms and conditions of this agreement.

2. After registration, the Advertiser can define one or more advertising campaign ("Campaigns"). Each Campaign comprises the Advertisement, which is either in the form of a text message to be published of maximum 130 characters length or a specific keyword for selected Publishers to incorporate in their Micro-Blog’s upcoming posts to be published.

3. Once a Campaign is set up and approved by employees of ChurpChurp, the ChurpChurp Network will automatically try to identify appropriate Publishers by the content of their Micro-Blogs and the number of their Followers. If one or more Publishers could be successfully assigned for the Campaign, the Advertisement shall be published in the context of the Publishers’ Micro-Blogs.

Duties of the Advertiser

1. The Advertiser warrants that the content of her Advertisements do NOT

• contain discriminations or defamations regarding race, gender, religion, nationality, disability, sexual preference or age
• comprise messages which glorify violence or contain sexually explicit or pornographic statements
• infringe copyright, trademark or other third party intellectual property rights
• compromise the Publisher’s reputation, brand or business

2. The Advertiser warrants to provide correct and complete data at registration. Should any of this data change at a later point, the Advertiser is obliged to update her data on the ChurpChurp Network.

3. The Advertiser warrants to keep the access data for ChurpChurp Network confidential and not to provide it to third parties.

Remuneration

1. For each Campaign, the Advertiser must define a total budget, and a maximum budget per day.

2. The Advertiser can check the status of her Campaigns by logging on to the ChurpChurp Network.

Termination

1. This agreement is concluded for an indefinite term. Both parties may terminate the agreement at any time in text form (e-mail, letter, fax). Additionally, the Advertiser may terminate this agreement by using the designated button on the ChurpChurp Network. ChurpChurp further reserves the right to terminate the Advertiser’s access to the ChurpChurp Network with immediate effect, with or without cause and with or without notice.

Liability

1. ChurpChurp shall use reasonable endeavors to ensure continuous provision of the ChurpChurp Network to Advertisers and Publishers. However, ChurpChurp will make no warranty that the availability of the ChurpChurp Network will be without interruption or delay and that the provided information thereon is error-free.

2. In case of malfunctioning of the ChurpChurp Network or unavailability of the Internet, ChurpChurp shall not be held liable for any damages in respect of consequential losses such as loss of profits or others.

3. The Advertiser acknowledges that ChurpChurp has no control over the content of the Publisher’s Micro-Blog. Further, ChurpChurp accepts no liabilities or makes no warranties as to the Publisher Micro-Blog’s compliance with the Campaign’s subject, its satisfactory quality, or the volume of successfully published Advertisements.

4. ChurpChurp makes no warranty or representation in respect of the number of Publishers that may subscribe to and use the ChurpChurp Network. Further, ChurpChurp makes no guarantee that it will not provide the ChurpChurp Network to the Advertiser’s competitors.

Indemnification

1. The Advertiser agrees to indemnify and hold harmless ChurpChurp and the Publisher from and against any claims, demands, liabilities, damages and losses, arising out of or relating to, the Advertiser’s violation of any law or regulation, or the Advertiser’s breach of these Terms and Conditions.

Data Protection

1. ChurpChurp is very concerned with protecting the Advertiser’s privacy. Reasonable measures are undertaken to prevent unauthorized access to any personal information.

2. The Advertiser entitles ChurpChurp to store all personal information submitted by the Advertiser and use the data as is necessary in order to operate participation in the ChurpChurp Network.

Modification of the Terms and Conditions

1. ChurpChurp reserves the right to amend these Terms and Conditions at any time. The Advertiser will be informed by e-mail about the modified conditions at least two weeks prior to the effective date. The Advertiser’s continued use of the ChurpChurp Network after the amendments have become effective is deemed acceptance of the changes by the Advertiser.

Final Provisions

1. If any part of these Terms and Conditions is held invalid or unenforceable, this shall not affect the validity of the remaining terms and conditions. Such invalid provision will be replaced with a valid and enforceable provision that achieves the economic, business and other purposes of such invalid or unenforceable provision the closest possible.

2. The Advertiser agrees that any rights and obligations under these Terms and Conditions may not be transferred, assigned, licensed or otherwise alienated unless permitted expressively and in written form (e-mail, letter, fax) by ChurpChurp.

3. These Terms and Conditions and the contractual relationship with the Advertiser is governed exclusively by the laws of Malaysia