| THE FOLLOWING DESCRIBES THE TERMS ON WHICH CLASSIFIEDS.MALLUBOYS.COM OFFERS YOU ACCESS TO OUR SERVICES.
1. ACCEPTANCE OF TERMS
YOU MUST READ, AGREE WITH AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS USER AGREEMENT AND THE PRIVACY POLICY, WHICH INCLUDE THOSE TERMS AND CONDITIONS EXPRESSLY SET OUT BELOW AND THOSE INCORPORATED BY REFERENCE, BEFORE YOU MAY POST ON CLASSIFIEDS.MALLUBOYS.COM.
CLASSIFIEDS.MALLUBOYS.COM (ALSO DOING BUSINESS AS CLASSIFIEDS.MALLUBOYS.COM PROVIDES A COLLECTION OF ONLINE RESOURCES, INCLUDING CLASSIFIED ADS, DISCUSSION BOARDS, AND VARIOUS EMAIL SERVICES, (REFERRED TO HEREAFTER AS "THE SERVICE") SUBJECT TO THE FOLLOWING TERMS OF USE ("TERMS"), WHICH MAY BE UPDATED BY CLASSIFIEDS.MALLUBOYS.COM FROM TIME TO TIME. CLASSIFIEDS.MALLUBOYS.COM WILL PROVIDE NOTICE OF MATERIALLY SIGNIFICANT CHANGES TO THE TERM BY POSTING NOTICE ON THE CLASSIFIEDS.MALLUBOYS.COM SITE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS . ONCE POSTED ON THE SITE, THE AMENDED AGREEMENT WILL APPLY TO ALL NEW USER REGISTRATIONS FROM THE DATE OF POSTING. EXISTING USERS WILL BE BOUND BY THE AMENDED AGREEMENT AFTER THE EXPIRY OF 30 DAYS FOLLOWING THE DATE OF NOTICE.
BY USING THE SERVICE IN ANY WAY, YOU ARE AGREEING TO COMPLY WITH THESE TERMS. IN ADDITION, WHEN USING PARTICULAR CLASSIFIEDS.MALLUBOYS.COM SERVICES, YOU AGREE TO ABIDE BY ANY APPLICABLE POSTED GUIDELINES FOR ALL CLASSIFIEDS.MALLUBOYS.COM SERVICES, WHICH MAY CHANGE FROM TIME TO TIME. SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THESE TERMS, ANY GUIDELINES, OR ANY SUBSEQUENT MODIFICATIONS THERETO OR BECOME DISSATISFIED WITH CLASSIFIEDS.MALLUBOYS.COM IN ANY WAY, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF AND ACCESS TO CLASSIFIEDS.MALLUBOYS.COM.
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 ALL CONTENT THAT YOU POST, EMAIL OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. YOU UNDERSTAND THAT NEITHER CLASSIFIEDS.MALLUBOYS.COM NOR ITS LICENSOR 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 CLASSIFIEDS.MALLUBOYS.COM SITE AND CONTENT AVAILABLE THROUGH THE SERVICE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE COMPLETELY INDEPENDENT OF CLASSIFIEDS.MALLUBOYS.COM. CLASSIFIEDS.MALLUBOYS.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 WEBSITES 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 CLASSIFIEDS.MALLUBOYS.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 CLASSIFIEDS.MALLUBOYS.COM DOES NOT PRE-SCREEN OR APPROVE CONTENT, AND THAT CLASSIFIEDS.MALLUBOYS.COM SHALL HAVE THE RIGHT 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 TERMS OR FOR ANY OTHER REASON IT MAY DEEM FIT.
3. NOTIFICATION OF CLAIMS OF INFRINGEMENT
IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, OR YOUR INTELLECTUAL PROPERTY RIGHTS HAVE BEEN OTHERWISE VIOLATED, PLEASE NOTIFY CLASSIFIEDS.MALLUBOYS.COM'S AGENT FOR NOTICE OF CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT ("AGENT"), AT OUR Contact Us:
PLEASE PROVIDE OUR AGENT WITH THE FOLLOWING NOTICE:
1. IDENTIFY THE COPYRIGHTED WORK OR OTHER INTELLECTUAL PROPERTY THAT YOU CLAIM HAS BEEN INFRINGED;
2. IDENTIFY THE MATERIAL ON THE CLASSIFIEDS.MALLUBOYS.COM SITE THAT YOU CLAIM IS INFRINGING, WITH ENOUGH DETAIL SO THAT WE MAY LOCATE IT ON THE WEBSITE;
3. A STATEMENT BY YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT THE DISPUTED USE IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW;
4. A STATEMENT BY YOU DECLARING UNDER PENALTY OF PERJURY THAT (A) THE ABOVE INFORMATION IN YOUR NOTICE IS ACCURATE, AND (B) THAT YOU ARE THE OWNER OF THE COPYRIGHT INTEREST INVOLVED OR THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF THAT OWNER;
5. YOUR ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS; AND
6. YOUR PHYSICAL SIGNATURE.
CLASSIFIEDS.MALLUBOYS.COM WILL MAKE EVERY ATTEMPT TO FIND AND REMOVE THE INFRINGING POSTING(S). IT IS UNDERSTOOD THAT, UNLESS THE REQUIRED NOTICE OF CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT IS GIVEN TO CLASSIFIEDS.MALLUBOYS.COM'S AGENT, CLASSIFIEDS.MALLUBOYS.COM IS UNDER NO OBLIGATION, ON ITS OWN, TO FIND AND REMOVE THE INFRINGING POSTING(S).
4. PRIVACY AND INFORMATION DISCLOSURE
CLASSIFIEDS.MALLUBOYS.COM HAS ESTABLISHED A PRIVACY POLICY TO EXPLAIN TO USERS HOW THEIR INFORMATION IS COLLECTED AND USED, LOCATED AT PRIVACY .
PLEASE NOTE THAT YOUR INFORMATION WILL BE STORED AND PROCESSED ON OUR COMPUTERS IN THE UNITED STATES. THE LAWS ON HOLDING PERSONAL DATA IN THE UNITED STATES MAY BE LESS STRINGENT THAN PHILIPPINE LAWS BUT CLASSIFIEDS.MALLUBOYS.COM WILL HOLD AND TRANSMIT YOUR INFORMATION IN A SAFE, CONFIDENTIAL AND SECURE ENVIRONMENT. CLASSIFIEDS.MALLUBOYS.COM WILL NEVER SELL OR RENT YOUR PERSONAL INFORMATION TO THIRD PARTIES EXCEPT AS DESCRIBED IN THE PRIVACY POLICY. IF YOU OBJECT TO YOUR INFORMATION BEING TRANSFERRED OR USED IN THIS WAY PLEASE DO NOT REGISTER. AS USED IN THIS PARAGRAPH, INFORMATION IS DEFINED AS AS ANY INFORMATION YOU PROVIDE TO US OR OTHER USERS IN RELATION TO THE SERVICE INCLUDING THE REGISTRATION, LISTING OR FEEDBACK PROCESS (INCLUDING, WITHOUT LIMITATION, ANY DESCRIPTION OF ITEMS LISTED), YOUR POSTINGS ON THE MESSAGE BOARDS AND ANY OTHER CONTENT THAT YOU POST WITHIN OUR WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR YOUR INFORMATION, AND WE ACT AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION AND PUBLICATION OF YOUR INFORMATION.
YOUR USE OF THE CLASSIFIEDS.MALLUBOYS.COM WEBSITE OR THE SERVICE SIGNIFIES ACKNOWLEDGEMENT OF AND AGREEMENT TO OUR PRIVACY POLICY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CLASSIFIEDS.MALLUBOYS.COM MAY, IN ITS SOLE DISCRETION, PRESERVE OR DISCLOSE YOUR CONTENT, AS WELL AS YOUR INFORMATION, SUCH AS EMAIL ADDRESSES, IP ADDRESSES, TIMESTAMPS, AND OTHER USER INFORMATION, IF REQUIRED TO DO SO BY LAW OR IN THE GOOD FAITH BELIEF THAT SUCH PRESERVATION OR DISCLOSURE IS REASONABLY NECESSARY TO: COMPLY WITH THE COMPETENT AND LAWFUL ORDER OF A COURT, TRIBUNAL OR AGENCY; ENFORCE THESE TERMS; RESPOND TO CLAIMS THAT ANY CONTENT VIOLATES THE RIGHTS OF THIRD-PARTIES; RESPOND TO CLAIMS THAT CONTACT INFORMATION (E.G. PHONE NUMBER, STREET ADDRESS) OF A THIRD-PARTY HAS BEEN POSTED OR TRANSMITTED WITHOUT THEIR CONSENT OR AS A FORM OF HARASSMENT; OR TO PROTECT THE RIGHTS, PROPERTY, OR PERSONAL SAFETY OF CLASSIFIEDS.MALLUBOYS.COM, ITS USERS OR THE GENERAL PUBLIC.
5. CONDUCT
YOU AGREE NOT TO POST, EMAIL, OR OTHERWISE MAKE AVAILABLE CONTENT:
THAT IS UNLAWFUL, HARMFUL, THREATENING, ABUSIVE, HARASSING, DEFAMATORY, PORNOGRAPHIC, OBSCENE, LIBELOUS, INVASIVE OF ANOTHER'S PRIVACY, OR HARMS 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 IMPERSONATES ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, A CLASSIFIEDS.MALLUBOYS.COM EMPLOYEE, OR FALSELY STATES OR OTHERWISE MISREPRESENTS YOUR AFFILIATION WITH A PERSON OR ENTITY;
THAT WHICH SERVE NO OTHER PURPOSE BUT TO PROMOTE VIOLENCE OR PORNOGRAPHY;
THAT INCLUDES PERSONAL OR IDENTIFYING INFORMATION ABOUT ANOTHER PERSON WITHOUT THAT PERSON'S EXPLICIT CONSENT.
THAT IS FALSE, DECEPTIVE, MISLEADING, DECEITFUL, MISINFORMATIVE, OR CONSTITUTES "BAIT AND SWITCH";
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.
THAT CONSTITUTES OR CONTAINS "AFFILIATE MARKETING," "LINK REFERRAL CODE," "JUNK MAIL," "SPAM," "CHAIN LETTERS," "PYRAMID SCHEMES," OR UNSOLICITED COMMERCIAL ADVERTISEMENT.
THAT CONSTITUTES OR CONTAINS ANY FORM OF ADVERTISING OR SOLICITATION IF (1) POSTED IN AREAS OF THE CLASSIFIEDS.MALLUBOYS.COM SITES WHICH ARE NOT DESIGNATED FOR SUCH PURPOSES; OR (2) EMAILED TO CLASSIFIEDS.MALLUBOYS.COM USERS WHO HAVE REQUESTED NOT TO BE CONTACTED ABOUT OTHER SERVICES, PRODUCTS OR COMMERCIAL INTERESTS.
THAT INCLUDES LINKS TO COMMERCIAL SERVICES OR WEB SITES, EXCEPT AS ALLOWED IN "SERVICES".
THAT CREATES LIABILITY FOR US OR CAUSES US TO LOSE (IN WHOLE OR IN PART) THE SERVICES OF OUR ISPS OR OTHER SUPPLIERS;
THAT ADVERTISES ANY ILLEGAL SERVICES OR THE SALE OF ANY ITEMS, THE SALE OF WHICH IS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ITEMS THE SALE OF WHICH IS PROHIBITED OR REGULATED BY PHILIPPINES LAW. A LIST OF THESE PROHIBITED ITEMS CAN BE FOUND HERE [[SEE APPENDIX A FOR HYPERLINK]];
THAT ADVERTISES ANY SERVICE OR BUSINESS WHEREIN THE PRIOR APPROVAL OR LICENSING FROM A RECOGNIZED GOVERNMENT BODY, TRIBUNAL, AUTHORITY OR AGENCY IS REQUIRED BEFORE SUCH SERVICE OR BUSINESS CAN BE CONDUCTED OR OFFERED;
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;
THAT CAUSES OUR WEBSITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF OUR WEBSITE IS IN ANY WAY IMPAIRED;
THAT DISRUPTS THE NORMAL FLOW OF DIALOGUE WITH AN EXCESSIVE NUMBER OF MESSAGES (FLOODING ATTACK) TO THE SERVICE, OR THAT OTHERWISE NEGATIVELY AFFECTS OTHER USERS' ABILITY TO USE THE SERVICE; OR
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:
CONTACT ANYONE WHO HAS ASKED NOT TO BE CONTACTED;
"STALK" OR OTHERWISE HARASS ANYONE;
COLLECT PERSONAL DATA ABOUT OTHER USERS FOR COMMERCIAL OR UNLAWFUL PURPOSES;
USE AUTOMATED MEANS, INCLUDING SPIDERS, ROBOTS, BOTS, CRAWLERS, DATA MINING TOOLS, OR THE LIKE TO DOWNLOAD DATA FROM THE SERVICE;
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;
POST THE SAME ITEM OR SERVICE IN MORE THAN ONE CLASSIFIED CATEGORY OR FORUM, OR IN MORE THAN ONE METROPOLITAN AREA; OR
ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO CLASSIFIEDS.MALLUBOYS.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 CLASSIFIEDS.MALLUBOYS.COM WEBSITE.
IT IS UNDERSTOOD THAT THE ABOVE LIST IS NOT COMPREHENSIVE AND CLASSIFIEDS.MALLUBOYS.COM RESERVES THE RIGHT TO REMOVE, AT ITS DISCRETION AND WITHOUT NEED OF ANY PRIOR NOTICE TO THE OFFENDING USER, ANY CONTENT THAT IT MAY DEEM VIOLATIVE OF ANY EXISTING OR FUTURE LAWS, RULES OR REGULATIONS OR INTERNAL CLASSIFIEDS.MALLUBOYS.COM POLICIES.
6. NO SPAM POLICY
YOU UNDERSTAND AND AGREE THAT SENDING UNSOLICITED EMAIL ADVERTISEMENTS TO CLASSIFIEDS.MALLUBOYS.COM EMAIL ADDRESSES OR THROUGH CLASSIFIEDS.MALLUBOYS.COM COMPUTER SYSTEMS, WHICH IS EXPRESSLY PROHIBITED BY THESE TERMS, WILL USE OR CAUSE TO BE USED SERVERS LOCATED IN CALIFORNIA, USA. ANY UNAUTHORIZED USE OF CLASSIFIEDS.MALLUBOYS.COM COMPUTER SYSTEMS IS A VIOLATION OF THESE TERMS AND CERTAIN UNITED STATES FEDERAL AND STATE LAWS, INCLUDING WITHOUT LIMITATION THE COMPUTER FRAUD AND ABUSE ACT (18 U.S.C. § 1030 ET SEQ.), SECTION 502 OF THE CALIFORNIA PENAL CODE AND SECTION 17538.45 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE. SUCH VIOLATIONS MAY SUBJECT THE SENDER AND HIS OR HER AGENTS TO CIVIL AND CRIMINAL PENALTIES.
7. LIMITATIONS ON SERVICE
YOU ACKNOWLEDGE THAT CLASSIFIEDS.MALLUBOYS.COM MAY ESTABLISH LIMITS CONCERNING USE OF THE SERVICE, INCLUDING THE MAXIMUM NUMBER OF DAYS THAT CONTENT WILL BE RETAINED BY THE SERVICE, THE MAXIMUM NUMBER AND SIZE OF POSTINGS, EMAIL MESSAGES, OR OTHER CONTENT THAT MAY BE TRANSMITTED OR STORED BY THE SERVICE, AND THE FREQUENCY WITH WHICH YOU MAY ACCESS THE SERVICE. YOU AGREE THAT CLASSIFIEDS.MALLUBOYS.COM HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICE. YOU ACKNOWLEDGE THAT CLASSIFIEDS.MALLUBOYS.COM RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE, AND THAT CLASSIFIEDS.MALLUBOYS.COM SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
8. TERMINATION OF SERVICE
YOU AGREE THAT CLASSIFIEDS.MALLUBOYS.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 CLASSIFIEDS.MALLUBOYS.COM BELIEVES THAT YOU HAVE ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THE TERMS. FURTHER, YOU AGREE THAT CLASSIFIEDS.MALLUBOYS.COM SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE. FURTHER, YOU AGREE NOT TO ATTEMPT TO USE THE SERVICE AFTER SAID TERMINATION. SECTIONS 2, 4, 6 AND 9-13 SHALL SURVIVE TERMINATION OF THESE TERMS.
9. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
YOUR INTERACTIONS WITH ORGANIZATIONS AND/OR INDIVIDUALS FOUND ON OR THROUGH THE SERVICE, INCLUDING PAYMENT AND DELIVERY OF GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH ORGANIZATIONS AND/OR INDIVIDUALS. DO NOT ASSUME THAT THE OFFER, SALE, PURCHASE, EXPORT OR IMPORT OF ANY ITEM IS VALID AND LEGAL SIMPLY BECAUSE IT IS LISTED ON OUR WEBSITE. YOU AGREE THAT CLASSIFIEDS.MALLUBOYS.COM SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THIS SITE, OR BETWEEN USERS AND ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT CLASSIFIEDS.MALLUBOYS.COM IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, YOU HEREBY RELEASE CLASSIFIEDS.MALLUBOYS.COM, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND / OR OUR SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
10. 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 COPYRIGHT LAWS, AND INTERNATIONAL CONVENTIONS. ANY REPRODUCTION, MODIFICATION, CREATION OF DERIVATIVE WORKS FROM OR REDISTRIBUTION OF THE SITES OR THE COLLECTIVE WORK IS PROHIBITED. COPYING OR REPRODUCING THE SITES OR ANY PORTION THEREOF TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS PROHIBITED. YOU FURTHER AGREE NOT TO REPRODUCE, DUPLICATE OR COPY CONTENT FROM THE SERVICE, 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 CLASSIFIEDS.MALLUBOYS.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 CLASSIFIEDS.MALLUBOYS.COM AN IRREVOCABLE, PERPETUAL, NON-EXCLUSIVE, FULLY PAID, ROYALTY-FREE 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.
11. DISCLAIMER OF WARRANTIES
WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF OUR WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU AGREE THAT USE OF THE CLASSIFIEDS.MALLUBOYS.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE CLASSIFIEDS.MALLUBOYS.COM SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CLASSIFIEDS.MALLUBOYS.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CLASSIFIEDS.MALLUBOYS.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CLASSIFIEDS.MALLUBOYS.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CLASSIFIEDS.MALLUBOYS.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE CLASSIFIEDS.MALLUBOYS.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CLASSIFIEDS.MALLUBOYS.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE CLASSIFIEDS.MALLUBOYS.COM SITE OR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
12. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CLASSIFIEDS.MALLUBOYS.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS), ANY LOSS OF GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (EVEN IF CLASSIFIEDS.MALLUBOYS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE CLASSIFIEDS.MALLUBOYS.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CLASSIFIEDS.MALLUBOYS.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE CLASSIFIEDS.MALLUBOYS.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CLASSIFIEDS.MALLUBOYS.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CLASSIFIEDS.MALLUBOYS.COM SITE OR THE SERVICE OR ANY LINKS ON THE CLASSIFIEDS.MALLUBOYS.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CLASSIFIEDS.MALLUBOYS.COM SITE OR THE SERVICE OR ANY LINKS ON THE CLASSIFIEDS.MALLUBOYS.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTION, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
13. INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD CLASSIFIEDS.MALLUBOYS.COM, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR VIOLATION OF THE TERMS, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
14. GENERAL INFORMATION
THE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND CLASSIFIEDS.MALLUBOYS.COM AND GOVERN YOUR USE OF THE SERVICE, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND CLASSIFIEDS.MALLUBOYS.COM. THE TERMS AND THE RELATIONSHIP BETWEEN YOU AND CLASSIFIEDS.MALLUBOYS.COM SHALL BE GOVERNED BY THE LAWS OF THE REPUBLIC OF THE PHILIPPINES WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AND CLASSIFIEDS.MALLUBOYS.COM AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN MANILA, PHILIPPINES. THE FAILURE OF CLASSIFIEDS.MALLUBOYS.COM TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE TERMS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. IF ANY PROVISION OF THE TERMS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, THE PARTIES NEVERTHELESS AGREE THAT THE COURT SHOULD ENDEAVOR TO GIVE EFFECT TO THE PARTIES' INTENTIONS AS REFLECTED IN THE PROVISION, AND THE OTHER PROVISIONS OF THE TERMS REMAIN IN FULL FORCE AND EFFECT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS MUST BE FILED WITHIN FOUR (4) YEARS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. NOTE: THE PRESCRIPTIVE PERIOD FOR CONTRACTUAL CLAIMS UNDER PHILIPPINE LAW IS 10 YEARS AND FOR TORT CLAIMS, 4 YEARS. AGAIN, THIS LIMITATION MAY NOT HOLD.
15. VIOLATIONS OF TERMS AND LIQUIDATED DAMAGES
PLEASE REPORT ANY VIOLATIONS OF THE TERMS, BY FLAGGING THE POSTING(S) FOR REVIEW, OR BY USING OUR CONTACT FORM . OUR FAILURE TO ACT WITH RESPECT TO A BREACH BY YOU OR OTHERS DOES NOT WAIVE OUR RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY IMMEDIATELY ISSUE A WARNING, SUSPEND OR TERMINATE YOUR USER REGISTRATION AND REFUSE TO PROVIDE OUR SERVICES TO YOU WITHOUT NOTICE TO YOU: (A) IF YOU BREACH THIS AGREEMENT OR THE DOCUMENTS INCORPORATED BY REFERENCE; (B) IF WE ARE UNABLE TO VERIFY OR AUTHENTICATE ANY INFORMATION YOU PROVIDE TO US; OR (C) IF WE BELIEVE THAT YOUR ACTIONS MAY CAUSE LEGAL LIABILITY FOR YOU, OUR USERS OR US.
YOU UNDERSTAND AND AGREE THAT, BECAUSE DAMAGES ARE OFTEN DIFFICULT TO QUANTIFY, IF ACTUAL DAMAGES CANNOT BE REASONABLY CALCULATED THEN YOU WILL BE LIABLE TO PAY CLASSIFIEDS.MALLUBOYS.COM LIQUIDATED DAMAGES AS FOLLOWS:
A. IF YOU POST A MESSAGE THAT (1) IMPERSONATES ANY PERSON OR ENTITY; (2) FALSELY STATES OR OTHERWISE MISREPRESENTS YOUR AFFILIATION WITH A PERSON OR ENTITY; OR (3) THAT INCLUDES PERSONAL OR IDENTIFYING INFORMATION ABOUT ANOTHER PERSON WITHOUT THAT PERSON'S EXPLICIT CONSENT, YOU AGREE TO PAY CLASSIFIEDS.MALLUBOYS.COM ONE THOUSAND U.S. DOLLARS ($1,000) FOR EACH SUCH MESSAGE.
B. IF CLASSIFIEDS.MALLUBOYS.COM ESTABLISHES LIMITS ON THE FREQUENCY WITH WHICH YOU MAY ACCESS THE SERVICE, OR TERMINATES YOUR ACCESS TO OR USE OF THE SERVICE, YOU AGREE TO PAY CLASSIFIEDS.MALLUBOYS.COM ONE HUNDRED U.S. DOLLARS ($100) FOR EACH MESSAGE POSTED IN EXCESS OF SUCH LIMITS OR FOR EACH DAY ON WHICH YOU ACCESS CLASSIFIEDS.MALLUBOYS.COM IN EXCESS OF SUCH LIMITS, WHICHEVER IS HIGHER.
C. IF YOU SEND UNSOLICITED EMAIL ADVERTISEMENTS TO CLASSIFIEDS.MALLUBOYS.COM EMAIL ADDRESSES OR THROUGH CLASSIFIEDS.MALLUBOYS.COM COMPUTER SYSTEMS, YOU AGREE TO PAY CLASSIFIEDS.MALLUBOYS.COM TWENTY FIVE U.S. DOLLARS ($25) FOR EACH SUCH EMAIL.
D. IF YOU POST MESSAGES IN VIOLATION OF THESE TERMS OF USE, OTHER THAN AS DESCRIBED ABOVE, YOU AGREE TO PAY CLASSIFIEDS.MALLUBOYS.COM ONE HUNDRED U.S. DOLLARS ($100) FOR EACH SUCH MESSAGE. IN ITS SOLE DISCRETION, CLASSIFIEDS.MALLUBOYS.COM MAY ELECT TO ISSUE A WARNING BEFORE ASSESSING DAMAGES.
OTHERWISE, YOU AGREE TO PAY CLASSIFIEDS.MALLUBOYS.COM'S ACTUAL DAMAGES, TO THE EXTENT SUCH ACTUAL DAMAGES CAN BE REASONABLY CALCULATED.
16. NOTICES UNLESS OTHERWISE EXPLICITLY STATED, NOTICES TO CLASSIFIEDS.MALLUBOYS.COM MUST BE SENT BY REGISTERED MAIL TO:
CLASSIFIEDS.MALLUBOYS.COM
NOTICES TO YOU WILL BE SENT TO THE EMAIL ADDRESS THAT YOU PROVIDE TO CLASSIFIEDS.MALLUBOYS.COM DURING THE REGISTRATION PROCESS (RECEIPT IS DEEMED 24 HOURS AFTER AN EMAIL IS SENT, UNLESS WE RECEIVE NOTICE THAT THE EMAIL ADDRESS IS INVALID), OR BY REGISTERED MAIL. NOTICES SENT BY REGISTERED MAIL WILL BE DEEMED RECEIVED 14 DAYS FOLLOWING THE DATE OF MAILING.
17. THIRD PARTY RIGHTS
A PERSON WHO IS NOT A PARTY TO THIS AGREEMENT HAS NO RIGHT TO ENFORCE ANY TERM OF THIS AGREEMENT.
18. FEEDBACK
WE WELCOME YOUR FEEDBACK ON THIS DOCUMENT IN OUR CONTACT FORM .
THANKS,
THE MALLUBOYS CLASSIFIEDS TEAM
|
