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© 2019 Filipino Veterans Recognition and Education Project

FILIPINO VETERANS RECOGNITION AND EDUCATION PROJECT

 

WEBSITE TERMS OF SERVICE

 

This Website Terms of Service (“TOS”) is a legally binding contract between you and the Filipino Veterans Recognition and Education Project (“FilVetREP”). This TOS governs your access to, and use of, the website provided by FilVetREP and any software, programs, services, tools, features, databases, materials, content or information available through it or used in connection with it (the “Website”). By accessing or using the Website, you agree to be bound by the terms of this TOS. FilVetREP reserves the right to revise this TOS at any time and without advance notice, which revision(s) shall become effective immediately upon publication.

 

1. WEBSITE OWNERSHIP; GRANT OF LIMITED LICENSE. The Website and all of its contents are

the sole and exclusive property of FilVetREP, unless expressly stated otherwise. The Website and its contents are protected by applicable intellectual property law, including copyright and trademark. FilVetREP grants you a personal, revocable, nontransferable, nonexclusive license to use the Website for personal, noncommercial purposes, subject to your compliance with the terms of this TOS.

 

2. LIMITATIONS ON LICENSE. The license granted to you under this TOS is subject to the following conditions:

  • Limitation on Copying and Distribution. You may download or copy downloadable items displayed on the Website for personal, non-commercial use only, and subject to the doctrine of “fair use,” provided that you maintain all copyright, trademark and other intellectual property notices contained therein.

  • Limitation on Use. You may use and access the Website solely for your personal, non- commercial use. All use of the Website must be in accordance with the TOS. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Website or any contents, information, data or materials provided through the Website in any manner not expressly permitted by the TOS. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Website, or directly or indirectly permit any third party to use or copy the Website. You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual or electronic process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Website; (ii) attempt to gain unauthorized access to any portion or feature of the Website, including without limitation, the account of any other authorized user or any other systems or networks connected to the Website or to any server used by FilVetREP or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website; (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of, or visitor to, the Website; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure, capability, or bandwidth of the Website or systems or networks of FilVetREP or networks connected to the Website, (vi) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person’s authorized use of the Website; (viii) use the Website to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell or otherwise permit third-parties to access and use the Website without the express, separate and prior written permission of FilVetREP; (x) create an intact reproduction of a page or pages of the Website, in whole or in part, into another website; or (xi) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact FilVetREP.

  • Non-Solicitation. You may not post or transmit through the Website any material which contains advertising or any solicitation with respect to products or services.

  • Limitation on Reverse Engineering and Modification. You may not reverse-engineer, decompile, disassemble, modify or create works derivative of the Website or any materials accessed through the Website,

  • Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) or labels from the Website or on any materials accessed through the Website.

  • Compliance with Applicable Law. You are solely responsible for ensuring that your use of the Website is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.

 

3. USER OBLIGATIONS. By downloading, accessing, or using the Website in order to view

information and materials or submit Material (as defined below) of any kind, you represent that you: (i) are at least 18; (ii) are registered to the extent required by Website, and have not been previously restricted, suspended or terminated by FilVetREP; and (iii) are not using another authorized user’s account without his/her permission.

 

4. YOUR SUBMISSION OF CONTENT. The Website may contain comment areas, questionnaires, tools, and other interactive features where you can share and display content, information, postings, materials, including without limitation, statements, photographs, video and other images (collectively “Material”). You are solely responsible for any Material you provide. By submitting Material to the Website, you warrant that you have all necessary rights to grant, and automatically grant, to FilVetREP a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such Material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or developed in the future. You also permit any other users of the Website to access, view, store or reproduce your Material and content for that user’s personal, non-commercial use. FilVetREP will not be required to treat any Material as confidential, and you further grant to FilVetREP the right to edit, copy, display, publish and distribute any Material made available by you via the Website, without compensation or expectation of compensation to you or any other party submitting the Material on your behalf. You agree that by using the Website, you will not post or transmit any of the following:

  • anything that interferes with or disrupts the Website or its operation;

  • Materials which are vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing;

  • unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;

  • Materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;

  • Materials that target or harm minors; or that misrepresent your affiliation with any entity; fictitious,

  • Materials that impersonate any other person or entity, whether actual or files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Website.

 

5. LINKS TO OTHER SITES. FilVetREP may provide links, in its sole discretion, to other sites on the World Wide Web. FilVetREP is not responsible for the availability of these outside resources or their contents. FilVetREP expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services provided by, available through, or advertised on these third-party sites, or the products or services provided by any third-party.

 

6. LINKS TO THIS SITE. You may link to this Website provided that you do so in a way that indicates that the link is to the www.FilVetREP.org website and is fair and not misleading. You may not integrate or make use of all or part of this Website in ways that would confuse or mislead visitors as to the nature and origin of the content.

 

7. PASSWORDS; SECURITY. Registration by you as an authorized user for access to certain areas of the Website may require both a user name and a password (“Authorized User Credentials”). You may also have to provide certain registration information, all of which must be accurate and updated. You are not allowed to share or give your Authorized User Credentials to anyone else. You are responsible for maintaining the confidentiality of your password. You agree not to use another person’s Authorized User Credentials or select Authorized User Credentials: (i) with the intent to impersonate another person; (ii) subject to the rights of another person without authorization; (iii) in violation of the intellectual property rights of another person; or (iv) that FilVetREP, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, sexual preference or identity, language, religion, political or other opinion, national or social origin, property, birth or other status. You acknowledge and agree that you shall have no ownership or other property interest in your account and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by, and inure to the benefit of, FilVetREP. Failure to comply with the foregoing shall constitute a breach of the TOS, which may result in immediate suspension or termination of your Authorized User Credentials. FilVetREP will not be liable for any loss or damage arising from such suspension or termination. FilVetREP reserves the right to delete or change Authorized User Credentials (without advance notice) at any time and for any reason.

 

8. TERMINATION. The TOS and your license to use the Website will take effect once you install, access, or use the Website and will be in effect until terminated as set forth below. The license granted to you will automatically terminate in the event you breach any of its terms as set forth in the TOS, and termination will be effective without notice. In the event your authorization or license to use the Website is terminated voluntarily (i.e., by you by ceasing to access the Website) or involuntarily (i.e., by FilVetREP suspending or terminating your authorization or license), all applicable provisions of the TOS as identified below will survive termination. Upon termination, you must destroy all copies of any part of the Website in your possession. The following will survive termination of TOS for any reason: (i) the General section below; (ii) the provisions concerning rights in your Materials that you have granted to FilVetREP; and (iii) FilVetREP’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.

 

9. WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SITE IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FILVETREP AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. FILVETREP DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT FILVETREP 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.

 

10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FILVETREP OR ITS AUTHORIZED REPRESENTATIVES AND LICENSORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF FILVETREP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF FILVETREP AND ITS AUTHORIZED REPRESENTATIVES AND LICENSORS UNDER THIS TOS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE WEBSITE, UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW.

11. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. FilVetREP is committed to complying with copyright and related laws, and requires all users of the Website to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content though the Website in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. FilVetREP reserves the right to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to FilVetREP by the copyright owner or the copyright owner’s legal agent.

 

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper written notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow all other relevant procedures specified in the DMCA with regard to the claimed infringement.

 

If you believe that your work has been copied and posted using the Website in a way that constitutes copyright infringement, please notify FilVetREP’s agent in writing by using the “Contact FilVetREP” page on the Website, and provide the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right in the copyright that is allegedly infringed;

  • a description of the copyrighted work that you claim has been infringed;

  • a description of where the material that you claim is infringing is located to permit us to locate the material;

  • your address, telephone number, and email address; belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and good faith

  • a statement by you that you have a

  • a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the owner of the exclusive right in the copyright that is allegedly infringed

  • or authorized to act on the owner's behalf.

 

12. TRADEMARK INFRINGEMENT. If you believe that your trademark is being infringed or used in violation of your intellectual property rights, you are encouraged to notify FilVetREP of the infringement in writing by using the “Contact FilVetREP” page on the Website, and provide all information that may be relevant to the claim of trademark infringement. FilVetREP will respond to you and act expeditiously to address the claim of trademark infringement.

 

13. MONITORING. FilVetREP does not monitor the Website. FilVetREP has the right, but not the obligation, to monitor the content of the Website (including any social or chat forum or tools, services or functions that enable the sharing, display or performance of any Material), to determine compliance with the TOS and any operating rules established by FilVetREP, and to satisfy any law, regulation or legally valid government request. FilVetREP has the right and sole discretion to edit, refuse to post, or remove any Material submitted to, or posted on or within the Website, including, without limitation, the right to remove any Material that FilVetREP, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

 

14. INDEMNIFICATION. You agree to indemnify, defend and hold FilVetREP and its directors, officers, employees, representatives and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Website.

 

15. PRIVACY POLICY. You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information in the Website may require the submission by you, and use, collection and disposition by FilVetREP, of personally identifiable information (“PII”). Accordingly, if you wish to access and use those programs, services, tools, materials, or information

of the Website, you acknowledge and agree that your use of the Website will constitute acceptance of the PII collection, use and disposition practices of FilVetREP contained in FilVetREP’s “Privacy Policy” posted on the Website.

16. GENERAL. This TOS is governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, as applied to agreements entered into and wholly performed within Virginia between Virginia residents. Any action or proceeding brought by either party hereto shall be brought only in a court of competent jurisdiction located in Virginia and the parties submit to personal jurisdiction of those courts for purposes of any action or proceeding. This TOS shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. The TOS constitutes the entire understanding and agreement between FilVetREP and you with respect to the Website and any transactions contemplated in this TOS and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of the TOS, all of which are merged in the TOS. You may not modify, amend or alter in any way the TOS. In the event any provision of the TOS is found invalid or unenforceable pursuant to a court order, the remainder of the TOS will remain valid and enforceable according to its terms. Any failure by FilVetREP to strictly enforce any provision of the TOS will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of the TOS. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.

 

As of June 2017

 

 

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