Terms of Use (“Terms”)
Last updated: January 12, 2015
Welcome to Philihappy!
Please read these Terms of Use (collectively with the Privacy Policy, the “Terms” or “Terms of Use”) fully and carefully before using www.philihappy.com (the “Site”).
These Terms are a legally binding agreement between Manuel Schuster (“Manuel,” “we,” “our,” “ours,” or “us”) and anyone who accesses or uses the Site. Furthermore, these Terms are applicable to the Site and the content, features, services, social media channels, and applications offered by Manuel Schuster (together with the Site, the “Service”).
By accessing or using any part of the Service, you agree to be bound by these Terms, and that you are at least 18 years of age. If you disagree with any part of the Terms, then please do not use the Service.
Modifications
We reserve the right to change any terms of these Terms of Use at any time without prior notice to you. You agree that our posting of revised Terms of Use on our Service will constitute notice to you of such revised Terms and that your access or use of the Service after such posting constitutes your agreement to be bound by such changes and the revised Terms. Consequently, please review these Terms before each and any access or use of our Service. Any changes to these Terms will become a part of these Terms of Use and will apply as soon as they are posted or such later date as may be specified in the posted Terms of Use.
Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Service will be subject to these Terms of Use.
Content
For purposes of these Terms, the term “Content” includes all materials that are included in, made available on, or are otherwise a part of the Service (including past, present and future versions of the Service). For example, our Content includes, without limitation, any and all domain names, text, blogs, articles, emails, photos, images, illustrations, videos, application software, technologies, source and object codes, designs, graphics, layouts, artwork and the “look and feel” of the Service.
Copyright and Intellectual Property
The Content includes marks and logos that are trademarks or service marks of ours. All other trademarks, service marks, and logos used on or through the Service are the trademarks, service marks or logos of their respective owners. You are not granted any rights to use any trademarks, service marks, or logos through your access of the Service.
The Content and the Service are protected by copyright as a collective work or compilation under the copyright laws of the Republic of the Philippines and other countries. Furthermore, each individual element of the Content constitutes a copyrighted work, and you must abide by all additional copyright notices or restrictions contained in this Service. Unless specifically and expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, translate, broadcast, create derivative works from, transmit, sell, offer to sell or in any way exploit any Content, in whole or in part. In other words, the Service and each individual element of the Content are protected from unauthorized copying, distribution, publication, dissemination and other use by copyright, trademark, patent and other laws, rules, regulations and international treaties. Except as specifically and expressly stated in these Terms of Use or otherwise granted to you in writing, no rights (by implication, estoppel or otherwise) are granted to you. Any and all rights not expressly and specifically granted are hereby reserved. Nothing in these Terms of Use will affect, impair, or limit in any way our rights to fully exploit any and all of our Content and Service. To the extent the Content and Service, or any element thereof, are not protected by copyright laws, all such Content and/or elements of the Service are proprietary to us and are similarly protected from unauthorized copying, distribution, publication, dissemination and other use.
Copyright Infringement
If you believe that any Content infringes upon your copyright, please notify us by email at [email protected]. Your notice should include: (i) a description of the copyrighted work that you claim has been infringed; (ii) the URL where the allegedly infringing Content is located; (iii) your full name, postal address, telephone number, and email address; (iv) a statement that you have a good faith belief that the use of the allegedly infringing material on the Site is not authorized; (v) your physical or electronic signature; and (vi) a statement that you are the copyright owner or an authorized agent of the copyright owner.
Personal Use
We grant you a limited, personal, non-exclusive, non-commercial, revocable, non-sublicensable and non-transferable license to use, view and/or play our Content. This license is subject to your full compliance with these Terms of Use. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Service is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
User Content
You understand that all information, data, social media profiles (if you access the Service through our social media channels), or other content of any kind, uploaded, posted, made available, shared or transmitted by you or another user to or through the Service (each and all of the foregoing, “User Content”) is the sole responsibility of the person from whom such User Content originated. We do not control such User Content and do not make any guarantee whatsoever related to such User Content. By using the Service, you may be exposed to User Content, as well as material uploaded, posted, made available, shared or transmitted to or through the Service by us, that is offensive, indecent or objectionable. Under no circumstances will we be liable or responsible in any way for any claim related to such User Content or material.
In addition, we may post reviews, comments, articles, and other materials from users of the Site and contributors to the Site. We are not the publisher or author of such User Content and we may not screen all User Content before it is posted. However, we may, in our sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content at any time, for any reason, without notice or liability to you or any other party.
You agree that any User Content you submit to the Site will not be unlawful, defamatory, or infringing on the privacy or intellectual property rights of others. You also agree (i) to be solely responsible for any damages resulting from any User Content you submit, (ii) that all User Content you submit will be treated as non-proprietary and non-confidential, and (iii) not to submit any User Content that contains advertising or commercial solicitations. By submitting User Content to us, you automatically grant us, and our affiliates, agents, third party partners, and assignees royalty-free, perpetual, worldwide, irrevocable, non-exclusive right to use, publish, reproduce, license, sublicense, distribute, sell, perform, translate, and display User Content (including any drawings, images, sounds, video recordings, or other data embedded in the User Content and including adaptations and derivative works based on the User Content) for any purpose and in any manner or medium (now existing or hereafter developed). You further perpetually and irrevocably grant us the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind to you or anyone else.
Links to Other Websites
Our Site may contain links to third-party websites or services that are not owned or controlled by us. We do not have control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
By linking to third-party websites, we do not represent or imply that we endorse such websites. You are responsible for taking the necessary precautions to protect yourself and your computer from viruses, worms, and other harmful or destructive content that may be accessible through such websites. We disclaim any responsibility for any harm resulting from your use of third party websites.
We strongly advise you to read the Terms of Use and privacy policies of any third-party websites or services that you visit.
Affiliate Links and Sponsored Posts
You acknowledge that: (i) we may receive from marketers free products that we review or discuss in our Content, and (ii) we may receive compensation in connection with advertisement or stories regarding run advertisements or stories on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation. Sponsored Content will be identified as such (e.g., sponsored, advertisement, or similar term). Regardless of received compensation, all opinions expressed are the author’s own and not influenced in any way.
Your Conduct
You will not use the Service to: (i) violate any law or encourage or provide instructions to another to do so; (ii) upload, post, make available or otherwise transmit any User Content that is unlawful (including, without limitation, User Content that infringes or violates any patent, trademark, trade secret, copyright, right of publicity or other right) or User Content that is confidential, harmful, threatening, harassing, abusive, inflammatory, tortious, defamatory, libelous, vulgar, obscene, pornographic, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (iii) misrepresent your identity; (iv) upload, post, make available or otherwise transmit that User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of solicitations; (v) upload, post, make available or otherwise transmit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; (vi) act in a manner that negatively affects other users’ ability to use the Service; (vii) collect or store personal data about anyone; (viii) display, transmit, distribute, reproduce, modify, edit, create derivative works from, store, archive, cache, sell or offer for sale the Service, our Content or any element thereof.
Limitation Of Liability
NEITHER WE NOR OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, DIRECTLY OR INDIRECTLY RELATED TO: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR INFORMATION; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE (INCLUDING, AS A RESULT OF BREACH ANY TERMS OF THESE TERMS OF USE), INCLUDING GOODS AND SERVICES PROVIDED BY THIRD PARTIES, INCLUDING ADVERTISERS, THAT ARE MADE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE.
The Service is controlled and offered by Manuel Schuster from our facilities in the Republic of the Philippines. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Disclaimer
ALL THE INFORMATION IS PUBLISHED IN GOOD FAITH. THIS SERVICE IS AVAILABLE “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU USE THE SERVICE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AGENTS, SUPPLIERS, CONTENT PROVIDERS, PARTNERS AND AFFILIATES (AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS):
- DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SERVICE;
- DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE (REGARDLESS OF WHETHER WE HAVE RECEIVED PAYMENT IN CONNECTION THEREWITH);
- DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SERVICE OR AVAILABLE THOUGH LINKS IN THIS SERVICE;
- DO NOT WARRANT THAT THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS;
- DO NOT WARRANT THAT THE SERVICE IS FREE OF DEFAMATORY, OFFENSIVE, OR ILLEGAL MATERIAL OR DEFECT SUCH AS VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR COMPUTER, COMPUTER NETWORK, OR MOBILE DEVICE. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH DESTRUCTIVE FEATURES.
Indemnification
You agree to indemnify, defend, hold harmless, and release us, our officers, directors, employees, agents, licensors, suppliers, partners and affiliates (and their respective successors and assigns) from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Service, Content, or otherwise from your User Content, violation of these Terms, or infringement by you, or any third party using your Account or identity in the Service, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines without regard to conflict/choice of law principles.
Any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
You also hereby expressly waive any right to resort to any form of class action.
Miscellaneous
These Terms of Use constitute the entire agreement between you and us and govern your use of the Service. These Terms of Use supersede any prior agreements between you and us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use other services, affiliate services, or third-party services. If any provision of these Terms is held to be invalid or unenforceable by a court, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of any rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received.
These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.
The headings in these Terms of Use are for convenience only and have no legal or contractual effect.
If you have any questions or concerns regarding these Terms of Use, please send us a detailed message to [email protected].