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Terms of Use FilipinoDeveloper Terms of Use This is a binding and enforceable legal agreement between You and FilipinoDeveloper.com. ("FilipinoDeveloper.com"). You represent and warrant that You are authorized to enter into this agreement. If FilipinoDevelper.com accepts Your content posting You shall become a Subscribing Advertiser having access to the FilipinoDeveloper.com services under the terms and conditions set forth herein. For convenience, we shall refer to any content posting provided by FilipinoDeveloper.com as "the Service." These Terms of Use limit FilipinoDeveloper liability and obligations to You to the terms set forth herein and permit FilipinoDeveloper.com to change, suspend or terminate Your access to and use of the Service. We urge You to carefully read the Terms of Use, and all policies referenced below or elsewhere on FilipinoDeveloper.com that relate to the Service. To the extent that there are any conflicts between the terms or conditions in the Content Posting Privacy Policy and these Terms of Use, these Terms of Use shall govern. YOU UNDERSTAND THAT BY CLICKING THE BUTTON TO CONTINUE ON TO THE REGISTRATION PAGE OR BY USING THE SERVICES OR ADVERTISING NETWORK, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE THAT BIND YOU IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. ALL USE OF THE SERVICES IS SUBJECT TO THESE TERMS OF USE, AND THE POLICIES, CONDITIONS AND INSTRUCTIONS REFERENCED IN THE SERVICES, ARE INCORPORATED HEREIN AND CONSIDERED AS PART OF THESE TERMS OF USE. YOU MUST ACCEPT, WITHOUT MODIFICATION, ALL OF THE TERMS, POLICIES, CONDITIONS AND INSTRUCTIONS REFERENCED IN THESE TERMS OF USE IN ORDER TO ACCESS AND USE THE SERVICES AND ADVERTISING NETWORK. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES OR ADVERTISING NETWORK. 1. Eligibility to use the Service is limited. The Service is available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. You shall not use the Service if You are located or reside in a country (a) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act, or (b) which is prohibited from entering into trade relations with the Philippines or its citizens. 2. Content You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that FilipinoDeveloper.com 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 FilipinoDeveloper.com site and Content available through the Service may contain links to other websites, which are completely independent of FilipinoDeveloper.com. FilipinoDeveloper.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will FilipinoDeveloper.com 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, emailed or otherwise made available via the Service. You acknowledge that FilipinoDeveloper.com does not pre-screen or approve Content, but that FilipinoDeveloper.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason. 3. Acceptable Conduct You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics); e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability. f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Philippines Constiturion, including requiring Philippines citizenship or lawful permanent residency as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or national, or local government contract. g) that impersonates any person or entity, including, but not limited to, a FilipinoDeveloper.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); h) that includes personal or identifying information about another person without that person's explicit consent; i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the FilipinoDeveloper.com sites which are not designated for such purposes; or emailed to FilipinoDeveloper.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. m) that includes links to commercial services or web sites, except as allowed in "services"; n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Philippines law. o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: r) contact anyone who has asked not to be contacted; s) "stalk" or otherwise harass anyone; t) collect personal data about other users for commercial or unlawful purposes; u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by FilipinoDeveloper.com; v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; w) post the same item or service in more than one classified category or forum, or in more than one metropolitan area; x) attempt to gain unauthorized access to FilipinoDeveloper.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the FilipinoDeveloper.com website; or y) use any form of automated device or computer program that enables the submission of postings on FilipinoDeveloper.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. 4. No SPAM Policy You understand and agree that sending unsolicited email advertisements to FilipinoDeveloper.com email addresses or through FilipinoDeveloper.com computer systems, which is expressly prohibited by these TOU, will use or cause to be used our servers. Any unauthorized use of FilipinoDeveloper.com computer systems is a violation of the TOU and certain Philippines laws. Such violations may subject the sender and his or her agents to civil and criminal penalties. 5. Paid Postings We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. 6. Termination of Service You agree that FilipinoDeveloper.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if FilipinoDeveloper.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that FilipinoDeveloper.com shall not be liable to you or any third-party for any termination of your access to the Service. 7. Proprietary Rights The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of FilipinoDeveloper.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of FilipinoDeveloper.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although FilipinoDeveloper.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to FilipinoDeveloper.com 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. Furthermore, by posting Content to any public area of the Service, you automatically grant FilipinoDeveloper.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose. I ACCEPT the terms of use
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