1. AGREEMENT BETWEEN USER AND PHILIPPINE E-JOURNALS
The PHILIPPINE E-JOURNALS Web Site is comprised of various Web pages operated by KITE E-Learning Solutions and its affiliate, C&E Publishing, Inc. PHILIPPINE E-JOURNALS and any and all entities that control, are controlled by, or are affiliated or under common control with PHILIPPINE E-JOURNALS are collectively referred to herein as “we,” “us” or “our”.
2. USE OF CONTENT
All information, materials, functions and other content (including Submissions, as defined in Section 4 below) (“Content”) contained on any PHILIPPINE E-JOURNALS Web Site is our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the PHILIPPINE E-JOURNALS Web Site or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from any PHILIPPINE E-JOURNALS Web Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the PHILIPPINE E-JOURNALS Web Site, except that where an PHILIPPINE E-JOURNALS Web Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of any PHILIPPINE E-JOURNALS Web Site is prohibited.
Any and all rights not expressly granted herein are reserved.
3. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the PHILIPPINE E-JOURNALS Web Site, you warrant to us that you will not use the PHILIPPINE E-JOURNALS Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the PHILIPPINE E-JOURNALS Web Site in any manner, which could damage, disable, overburden, or impair the PHILIPPINE E-JOURNALS Web Site or interfere with any other party’s use and enjoyment of the PHILIPPINE E-JOURNALS Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PHILIPPINE E-JOURNALS Web Site.
We do not claim ownership of the Submissions you provide, post, upload, input or submit to any PHILIPPINE E-JOURNALS Web Site. However, by posting, uploading, inputting, providing or submitting your Submission to an PHILIPPINE E-JOURNALS Web Site, you are granting us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on PHILIPPINE E-JOURNALS Web Site, on third-party web sites, and in our publications) for any and all purposes including advertising, entertainment, news, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).
No compensation will be paid to you with respect to our use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide to us and we may remove any Submission at any time in our sole discretion. By Distributing your Submission on an PHILIPPINE E-JOURNALS Web Site, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to Distribute your Submission. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall not be liable to you or to any person claiming through you for our exploitation or disclosure of any Submission.
5. USE OF PUBLIC COMMUNICATION SERVICES ON AN PHILIPPINE E-JOURNALS WEB SITE
The PHILIPPINE E-JOURNALS Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). By using the Communication Services, you agree that you will use the Communication Services only to Distribute Submissions that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Distribute any Submission that is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.
- Distribute files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Distribute any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services or the PHILIPPINE E-JOURNALS Web Site.
- Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service or the PHILIPPINE E-JOURNALS Web Site.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
You are and shall remain solely responsible for the Submissions you Distribute on or through any PHILIPPINE E-JOURNALS Web Site using the Communication Services, and for the consequences of Distributing same. We have no obligation to monitor the Communication Services. However, we reserve the right to review Submissions Distributed using a Communication Service and to remove any and all Submissions in our sole discretion for any reason whatsoever. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
You acknowledge that the Communication Services and features offered therein are for public and not private communications, and you have no expectation of privacy with regards to any Submission to such public forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PHILIPPINE E-JOURNALS spokespersons, and their views do not necessarily reflect our views.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Submission, information or materials, in whole or in part, in our sole discretion.
6. LINKS TO THIRD PARTY SITES
The PHILIPPINE E-JOURNALS Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.
C&E AS A SECONDARY PROVIDER MAKES NO REPRESENTATION OR WARRANTY AND EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY CLAIM ARISING FROM OR OUT OF THE SUBSCRIBED PRODUCTS, INCLUDING BUT NOT LIMITED TO THE VERACITY, CONTENTS OF THE SUBMITTED JOURNALS, COPYRIGHT, INCLUDING ANY ERRORS, INACCURACIES, OMISSIONS, OR DEFECTS CONTAINED THEREIN, AND ANY IMPLIED OR EXPRESS WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL C & E, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL C & E's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY THE SUBSCRIBER, IF ANY, FOR ACCESSING THIS SITE.
THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE SUBSCRIBER SPECIFICALLY ACKNOWLEDGE THAT C & E IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Advice received via the PHILIPPINE E-JOURNALS Web Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
8. LIMITATION ON LIABILITY
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO ANY PHILIPPINE E-JOURNALS OR CHANGE THE PHILIPPINE E-JOURNALS WEB SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
SERVICE CONTACT: email@example.com
10. JURISDICTION AND VENUE
12. GENERAL PROVISIONS
All disputes, controversies or claims out of or relating to this Agreement, or about its breach, termination or invalidity, shall be settled through negotiations and/or mediation within sixty days (60) from the receipt of notice from the injured party to the other party/ies.
All conflicts which cannot be resolved by negotiation or mediation shall be decided by arbitration in accordance with the rules or arbitration contained in the Republic Act No. 9285 or the Alternative Dispute Resolution Law of the Philippines.
For this purpose, there shall be three (3) arbitrators with each party appointing one each, the third arbitrator, who shall be the chairman, shall be mutually selected by the SUBSCRIBER and C & E.
The place of arbitration shall be in Quezon City, Philippines, without prejudice to holding hearings in another place for the convenience of the witnesses that the Parties may present. The language of the arbitration shall be English or Filipino.
The Arbitration Panel shall render its decision within forty-five (45) days from the selection of the third arbitrator, which decision shall be valid and binding between the parties unless repudiated within five (5) days from receipt thereof on grounds that the same was procured through fraud or violence, or that there are patent or gross errors in facts made basis of the decision.
Each party shall deposit half of the costs for arbitration that will be determined by the arbitration panel, without prejudice to recovering such costs that may be awarded in the Arbitration Award.
The award of the Arbitration Panel may be enforced by a court of competent jurisdiction in Quezon City, Philippines, to the exclusion of all others.
Limitation of Liability. In no event shall C&E be liable for any indirect, incidental, special, consequential or punitive damages including, but not limited to, loss of data, business interruption or loss of profits, arising out of or in connection with this Agreement.