WhenInManila.com Terms and Conditions

The Site, WhenInManila.com (When In Manila) and its contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright. Users (including but not limited to, readers, contributors, writers, photographers) shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Content produced by WhenInManila.com is protected by copyright as a collective work and/or compilation. WhenInManila.com enables Users to copy, distribute, and perform the works on this site as well as create derivative works with proper attribution and links to original work only for non-commercial use.WhenInManila.com grants to Users a limited nonexclusive, non-transferable, non-sublicensable right under WhenInManila.com’s intellectual property rights to copy, distribute, display, perform and create derivative works of the Content solely for non-commercial use with proper attribution and links to original content.

If a User wishes to use Content for commercial purposes, User must submit a business inquiry. Copying, using or storing any Content for other than noncommercial use is expressly prohibited without prior written permission from  WhenInManila.com.

WhenInManila.com requests that, according to standard academic practice, if a User uses the Service for any research that results in an article, a book, or other publication, the User lists WhenInManila.com as a resource in User’s bibliography.

User acknowledges and agrees that if a User uses any of the Services to contribute Content to the Site, WhenInManila.com is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully use such Content (including all related intellectual property rights) and to allow others to do so. User warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. WhenInManila.com reserves the right to remove any Content from the Site at any time, for any reason (including , but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Technorati is concerned that User may have breached the immediately preceding sentence), or for no reason at all.

Restrictions

User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any WhenInManila.com User.

Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.

  

Warranty Disclaimer

WhenInManila.com has no special relationship with or fiduciary duty to User. User acknowledges that WhenInManila.com has no control over, and no duty to take any action regarding: which Users gain access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Technorati from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Technorati makes no representations concerning any content contained in or accessed through the Site, and Technorati will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

Indemnity

User will indemnify and hold WhenInManila.com, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of User’s access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User’s account, of any intellectual property or other right of any person or entity.

Limitation of Liability

IN NO EVENT SHALL WHENINMANILA.COM BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.

  

Termination

Either party may terminate the Services at any time by notifying the other party by any means. Technorati may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Miscellaneous

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. WhenInManila.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WhenInManila.com’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with WhenInManila.com prior written consent.Both parties agree that this Agreementb and other policies posted by WhenInManila.com on the Site are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Technorati in any respect whatsoever.


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