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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.
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