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AutoIndustriya.com strongly believes that the intellectual
property rights of others should be respected, as well as our own property
rights. We now ask you the user to do the same. AutoIndustriya.com
may, with due process and at its discretion refuse access to, or terminate
the accounts of users who infringe or violate the intellectual property
rights of others. If you happen to believe that your work has been
reproduced in any that constitutes copyright infringement, please contact
AutoIndustriya.com and provide the following information:
A
physical or electronic signature of the person authorized to act on
behalf of the owner of the copyright or an exclusive right that is
allegedly infringed;
-
Identification
of the copyright 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 the 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;
-
Your
address, telephone number, email address or whatever sufficient means
to contact you;
-
A
written sworn statement by the complaining party, that expresses a
good-faith belief that the disputed use is not authorized by the owner
of the copyright, its agent or the law;
-
A
written sworn statement by the complaining party, under penalty of
perjury, that the above information provided in your Notice is accurate
and that the complaining party is the owner of the copyright or have
been authorized by the copyright owner to act on his behalf.
AutoIndustriya.com materials may be reproduced and distributed on
a limited basis for non-commercial purposes, provided that any material
reproduced remains "as-is" and that all reproductions bear the
following notice in a clearly visible position:
'©2007 Double
B Web Solutions Company All Rights Reserved.'
These material may not in any way be reproduced or redistributed
for commercial purposes or for compensation of any kind without prior
written permission from Double B Web Solutions Company. If you have
any questions or comments regarding these terms or would like information
about licensing materials from Double B Web Solutions Company, please
send email to webmaster[at]autoindustriya.com.
TERMS OF USE
1. Definitions.
"AutoIndustriya.com" is the on-line service operated
by Double B Web Solutions Company (Double B Web Solutions) on the World
Wide Web of the Internet, consisting of information services and content
provided by Double B Web Solutions, affiliates of Double B Web Solutions
and other third parties. "User" means each person who establishes
or accesses a connection for access to and use of AutoIndustriya.
2. General.
(A) This Agreement, which incorporates by reference other
provisions applicable to use of AutoIndustriya.com. By using AutoIndustriya (other than to read this Agreement for
the first time), User agrees to comply with all of the terms and conditions
hereof.
(B) Double B Web Solutions shall have the right at any time
to change or discontinue any aspect or feature of AutoIndustriya, including,
but not limited to, content, hours of availability, and equipment needed
for access or use.
3. Changed Terms.
Double B Web Solutions shall have the right at any time
to change or modify the terms and conditions applicable to use of AutoIndustriya,
or any part thereof, or to impose new conditions, including, but not limited
to, adding fees and charges for use. Such changes, modifications, additions
or deletions shall be effective immediately upon notice thereof, which
may be given by means including, but not limited to, posting on AutoIndustriya,
or by electronic or conventional mail, or by any other means by which
User obtains notice thereof. Any use of AutoIndustriya by User after such
notice shall be deemed to constitute acceptance by User of such changes,
modifications or additions.
4. User Conduct.
(A) User shall use AutoIndustriya for lawful purposes only.
User shall not post or transmit through AutoIndustriya any material which
violates or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any law, or which, without Double B Web Solutions'
express prior approval, contains advertising or any solicitation with
respect to products or services. Any conduct by a User that in Double
B Web Solutions' discretion restricts or inhibits any other User from
using or enjoying AutoIndustriya will not be permitted. User shall not
use AutoIndustriya to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of users to become subscribers
of other on-line information services competitive with AutoIndustriya.
(B) AutoIndustriya contains copyrighted material, trademarks
and other proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the entire contents
of AutoIndustriya are copyrighted as a collective work under the Philippine
copyright laws. The User may not modify, publish, transmit, participate
in the transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part. User may download copyrighted
material for personal use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will be permitted without
the express permission of Double B Web Solutions and the copyright owner.
In the event of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made. User acknowledges
that it does not acquire any ownership rights by downloading copyrighted
material.
(C) User shall not upload, post or otherwise make available
on AutoIndustriya.com any material protected by copyright, trademark or
other proprietary right without the express permission of the owner of
the copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with
User. User shall be solely liable for any damage resulting from any infringement
of copyrights, proprietary rights, or any other harm resulting from such
a submission. By submitting material to any public area of AutoIndustriya,
User automatically grants, or warrants that the owner of such material
has expressly granted Double B Web Solutions the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate and distribute such material (in whole or in
part) worldwide and/or to incorporate it in other works in any form, media
or technology now known or hereafter developed for the full term of any
copyright that may exist in such material. User also permits any other
User to access, view, store or reproduce the material for that User's
personal use. User hereby grants Double B Web Solutions the right to edit,
copy, publish, distribute and delete any material made available on AutoIndustriya.com
by User.
(D) The foregoing provisions of Section 4 are for the benefit
of Double B Web Solutions, its subsidiaries, affiliates and its third
party content providers and licensors and each shall have the right to
assert and enforce such provisions directly or on its own behalf.
5. Disclaimer of Warranty; Limitation of Liability.
(A) USER EXPRESSLY AGREES THAT USE OF AUTOINDUSTRIYA IS
AT USER'S SOLE RISK. NEITHER DOUBLE B WEB SOLUTIONS, ITS AFFILIATES NOR
ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS
OR LICENSORS WARRANT THAT AUTOINDUSTRIYA WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF AUTOINDUSTRIYA, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH AUTOINDUSTRIYA.
(B) AUTOINDUSTRIYA IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY
ACKNOWLEDGES THAT AUTOINDUSTRIYA 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 USER.
(D) IN NO EVENT WILL DOUBLE B WEB SOLUTIONS, OR ANY PERSON
OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING AUTOINDUSTRIYA
OR THE AUTOINDUSTRIYA SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE AUTOINDUSTRIYA.COM.
USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY
TO ALL CONTENT ON AUTOINDUSTRIYA.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, DOUBLE
B WEB SOLUTIONS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN AUTOINDUSTRIYA,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER,
OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE
OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR
LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE
OR CONSEQUENTIAL DAMAGES.
6. Monitoring.
Double B Web Solutions shall have the right, but not the
obligation, to monitor the content of AutoIndustriya, including chat rooms
and forums, to determine compliance with this Agreement and any operating
rules established by Double B Web Solutions and to satisfy any law, regulation
or authorized government request. Double B Web Solutions shall have the
right in its sole discretion to edit, refuse to post or remove any material
submitted to or posted on AutoIndustriya. Without limiting the foregoing,
Double B Web Solutions shall have the right to remove any material that
Double B Web Solutions, in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
7. Indemnification.
User agrees to defend, indemnify and hold harmless Double
B Web Solutions, its affiliates and their respective directors, officers,
employees and agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of AutoIndustriya by User.
8. Termination.
Either Double B Web Solutions or User may terminate this
Agreement at any time. Without limiting the foregoing, Double B Web Solutions
shall have the right to immediately terminate User's Account in the event
of any conduct by User which Double B Web Solutions, in its sole discretion,
considers to be unacceptable, or in the event of any breach by User of
this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10
and this Section 9 shall survive termination of this Agreement.
9. Trademarks.
Double B Web Solutions, AutoIndustriya, AutoIndustriya.com,
and each of their logos are trademarks of Double B Web Solutions Company.
All rights reserved. All other trademarks appearing on AutoIndustriya.com
are the property of their respective owners.
10. Third Party Content.
Double B Web Solutions is a distributor (and not a publisher)
of content supplied by third parties and Users. Accordingly, Double B
Web Solutions has no more editorial control over such content than does
a public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made available
by third parties, including information providers, Users or any other
user of AutoIndustriya, are those of the respective author(s) or distributor(s)
and not of Double B Web Solutions. Neither Double B Web Solutions nor
any third-party provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability or fitness for any
particular purpose. (Refer to Section 6 above for the complete provisions
governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through Double
B Web Solutions represents the opinions and judgments of the respective
information provider, User, whether or not under contract with Double
B Web Solutions. Double B Web Solutions neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice or statement made
on AutoIndustriya by anyone other than authorized Double B Web Solutions
employee spokespersons while acting in their official capacities. Under
no circumstances will Double B Web Solutions be liable for any loss or
damage caused by a User's reliance on information obtained through AutoIndustriya.
It is the responsibility of User to evaluate the accuracy, completeness
or usefulness of any information, opinion, advice or other content available
through AutoIndustriya. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion, advice
or other content.
11. Miscellaneous.
This Agreement and any operating rules for AutoIndustriya
established by Double B Web Solutions constitute the entire agreement
of the parties with respect to the subject matter hereof, and supersede
all previous written or oral agreements between the parties with respect
to such subject matter. This Agreement shall be construed in accordance
with the laws of the Philippines, without regard to its conflict of laws
rules. No waiver by either party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not
be given any legal import. |
