Terms Of Use

 

This Terms of Use (“Agreement”) covers all websites and its social networking accounts (collectively, “EmDantes Sites”) under the emdantes.me brand (collectively, “Emdantes Media”) and its affiliates to which this Terms of Use is linked to. The terms “we” and “our” as used in this Agreement refer to EmDantes Media and the EmDantes Sites. Certain features of the EmDantes Sites may be subject to additional guidelines, terms, or rules, which will be posted on the EmDantes Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

 

License

EmDantes Media grants you a non-exclusive, non-transferrable, revocable license to access the EmDantes Sites for personal and non-commercial use strictly in accordance with our Legal Terms (see Changes to Terms of Use below).

1. Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the EmDantes Sites; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the EmDantes Sites; (c) you shall not access the EmDantes Sites in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the EmDantes Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the EmDantes Sites shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any EmDantes Sites content must be retained on all copies thereof.

 

1. Open Source Software. Certain items of independent, third party code may be included in our websites that are subject to open source licenses (“Open Source Software”). Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this Agreement limits your right under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.

 

1. Site Modification. EmDantes Media reserves the right, at any time, to modify suspend, or discontinue the EmDantes Sites or any part thereof with or without notice. You agree that EmDantes Media will not be liable to you or to any third party for any modification, suspension, or discontinuance of the EmDantes Sites or any part thereof.

 

User Registration and Passwords

When you create a User Registration (as described in the Privacy Policy), you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You will be responsible for maintaining the confidentiality of your User Registration, and we will not be responsible for misuse of your User Registration by any third party, whether authorized by you or not. You are responsible for all activities that occur under your User Registration. You agree to immediately notify EmDantes Media of any unauthorized use, or suspected unauthorized use of your User Registration or any other breach of security. EmDantes Media cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

Ownership and Feedback

1. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the EmDantes Sites are owned by EmDantes Media. The provision of the EmDantes Sites does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. EmDantes Media and its suppliers reserve all rights not granted in this Agreement.

 

1. If you provide EmDantes Media any feedback or suggestions regarding the EmDantes Sites (“Feedback”), you hereby assign to EmDantes Media all rights in the Feedback and agree that EmDantes Media shall have the right to use such Feedback and related information in any manner it deems appropriate. EmDantes Media will treat any Feedback you provide to EmDantes Media as non-confidential and non-proprietary. You agree that you will not submit to EmDantes Media any information or ideas that you consider to be confidential or proprietary.

 

User Content

1. User Submitted Content. All information and content that a user submits to, or uses with, the EmDantes Sites (e.g., photos, audio, video, messages, text, files, or any other content you provide us) are collectively known as “User Content”. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by EmDantes Media. Because you alone are responsible for your User Content (and not EmDantes Media), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. EmDantes Media is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. Under no circumstance will EmDantes Media be liable for any inaccuracy or defect in any User Content.

 

1. License to User Content. You hereby grant, and you represent and warrant that you have the right to grant, to EmDantes Media an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

 

1. Acceptable Use Policy. The following sets forth EmDantes Media’s “Acceptable Use Policy”.

 

(a) You agree not to post, email, send, or otherwise make available User Content:

 

• That is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way.
• 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.
• That includes personal or identifying information about another person without that person’s explicit consent.
• That is false, deceptive, misleading, deceitful, mis-informative, constitute “bait and switch” or impersonation of any person or entity.
• That contains your own or a third party’s advertising, branding or promotional content
• That is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
• That violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
• Restrict or inhibit any other user from using and enjoying the EmDantes Media sites or the EmDantes Media services offered on them.
• That includes your personal information, such as telephone number, street address, last name, URL, or email address.
• That is “cut and paste” of private messages from other users.
• That re-broadcasts any User Content that violates these terms; or that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to use the EmDantes Sites to:

• Upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data.
• Harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent.
• Interfere with, disrupt, or create an undue burden on servers or networks connected to the EmDantes Sites or violate the regulations, policies or procedures of such networks.
• Attempt to gain unauthorized access to the EmDantes Sites, other computer systems or networks connected to or used together with the EmDantes Sites, through password mining, or other means; tamper with any copyright protection and mechanisms applicable to content on any EmDantes Site;
• Introduce software or automated agents or scripts to the EmDantes Sites so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the EmDantes Sites (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the EmDantes Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

 

1. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your User Registration, and/or reporting you to law enforcement authorities. If EmDantes Media elects to modify User Content, EmDantes Media nonetheless assumes no responsibility for the User Content.

 

1. Other Users. Each EmDantes Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other EmDantes Site users are solely between you and such user. You agree that EmDantes Media will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any EmDantes Site user, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory, and EmDantes Media has no obligation to monitor or delete any such User Content.

 

1. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other EmDantes Site user.

Indemnity

You agree to defend, indemnify and hold EmDantes Media (and its officers, employees, contractors, and agents) harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, from any claim or demand made by any third party due to or arising from or related to your (a) use of the EmDantes Sites or any Contracts or Services you purchase through it, (b) your User Content, (c) your violation of this Agreement, or (d) your violation of applicable laws or regulations. EmDantes Media reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of EmDantes Media. EmDantes Media will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

 

Disclaimers

THE EMDANTES SITES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS AND PARTNERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. WE (AND OUR SUPPLIERS AND PARTNERS) MAKE NO WARRANTY THAT THE EMDANTES SITES: (A) WILL MEET REQUIREMENTS ; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEM OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS, EmDantes MEDIA ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. EMDANTES MEDIA IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE EMDANTES SITES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN ANY ACTIVITIES ON THE EMDANTES SITES OR DOWNLOADING MATERIALS. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL EMDANTES MEDIA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE EmDantes SITES, ANY CONTENT POSTED ON OR THROUGH THE EmDantes SITES, OR CONDUCT OF ANY USERS OF THE EMDANTES SITES, WHETHER ONLINE OR OFFLINE. WE CAN, WHENEVER WE WANT, EDIT OR DELETE ANY CONTENT DISPLAYED ON THE EMDANTES SITES. YOU USE THE EMDANTES SITES AT YOUR OWN RISK. SOME AREAS OF OUR EMDANTES SITES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH EMDANTES MEDIA OR MEMBER OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. EMDANTES MEDIA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE EMDANTES SITES.

SOME JURISDICTION DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

Limitation of Liability

IN NO EVENT SHALL WE (AND OUR SUPPLIERS AND PARTNERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE EMDANTES SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THREE THOUSAND PESOS (PHP 5,100.00) OR (B) AMOUNT YOU’VE PAID EMDANTES MEDIA IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS AND PARTNERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NO APPLY TO YOU.

Third Party Sites & Ads

EmDantes Sites may contain links to websites, services, and advertisements owned or operated by parties other than EmDantes Media (collectively, “Third Party Sites & Ads”). EmDantes Media does not monitor or control outside websites and is not responsible for their content. Such Third Party Sites & Ads are provided for you by EmDantes Media as reference, and a convenience only and does not review, approve, warrant, endorse, or make any representations with respect to the material of the Third Party Sites & Ads. Unless expressly disclosed, otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does EmDantes Media’s inclusion of the links imply that EmDantes Media is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Sites & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

Term & Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the EmDantes Sites. We may (a) suspend your rights to use the EmDantes Sites (including your User Registration) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the EmDantes Sites in violation of this Agreement. Upon termination of this Agreement, your User Registration and right to access and use the EmDantes Sites will terminate immediately. You understand that any termination of your User Registration involves deletion of your User Content associated therewith from our live databases. EmDantes Media will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your User Registration or deletion of your User Content.

 

Copyright Policy

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written, and other materials that appear as part of our websites are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (collectively, “Intellectual Property”) owned, controlled or license by EmDantes Media. Our EmDantes Sites as a whole is protected by copyright and trade dress. Nothing on our websites should be construed as granting, by implication, estoppel or otherwise. Any license or right to use any Intellectual Property displayed or used on our websites, without the prior written permission of the Intellectual Property owner. EmDantes Media aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of EmDantes Media and the EmDantes Sites, may not be used in any way, including in advertising or publicly pertaining to distribution of materials on our websites, or as part of a link to or from any website unless with prior, written permission and approval from EmDantes Media. Fair use of EmDantes Media’s Intellectual Property requires property acknowledgement. Other product or company names mentioned in the EmDantes Sites may be the Intellectual Property of their respective owners.

If you believe your copyright has been infringed, you may notify us at

[email protected]

And provide us with the following:

• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you, including an address, a telephone number, and/or an email address at which the complaining party may be contacted.
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users that we have received a notice of infringement by means of a general notice on our site, post on our social network page, or by sending an email to our registered users.

General

1. Changes to Terms of Use. We may amend this Agreement at any time by posting the amended terms on the EmDantes Sites. We may or may not post notices on the EmDantes Sites when such changes occur.

 

1. Entire Agreement. We refer to this Agreement, our Privacy Policy, and any other terms, rules, or guidelines on our websites collectively as our “Legal Terms.” The Legal Terms constitutes the entire Agreement between you and us regarding the use of the EmDantes Sites. You (On behalf of yourself or the entity that you represent) explicitly and implicitly agree, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (On behalf of yourself or the entity that you represent) and to be bound by our Legal Terms each time you access the EmDantes Sites. If you do not wish to be bound, and do not agree with all of the provisions of this Agreement, please do not use or access the EmDantes Sites.

 

Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship with EmDantes Media is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without EmDantes Media’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.