| Terms of Service |
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| Wednesday, 23 September 2009 13:54 | ||
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CHANROBLES.COM : TERMS OF SERVICE
1. ACCEPTANCE
Welcome to Chanrobles.com.
Chanrobles.com offers informative web sites and provides numerous web services ("Service"). Your use of any Service is subject to these Terms of Service ("TOS").
This TOS may be modified even without further notice. The revised TOS will be posted at: http://www.chanrobles.com/termsofservies.php
Your use of the Service constitutes your acceptance of the TOS, including any modifications made. This Agreement will be binding and enforceable between you (even in your capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with use of any Service) and Chanrobles.com.
By using any Service, you hereby acknowledge and agree that you have fully read the provisions of this Agreement, exactly as if it were printed on paper and signed by you.
In addition, the use of Chanrobles.com owned and/or operated services shall be subject to the rules and guidelines being posted from time to time. All such rules and guidelines are hereby incorporated by reference to the TOS.
2. DESCRIPTION OF SERVICE
The Service currently provides users with access to a collection of content and services, including but not limited to legal information, educational information and services, Internet search services, marketing information, marketing services, hosted Web sites and business information through its network of properties.
The Service also includes advertisements necessary for Chanrobles.com to provide the Service. Free Chanrobles.com's services may search functionality provided by a third party service. In addition Chanrobles.com reserves the right to place paid advertisements on its website's pages.
The Service also may include certain communications from Chanrobles.com, such as service announcements, administrative messages and the Chanrobles.com’s Newsletter. These communications are considered part of Chanrobles.com membership.
Unless explicitly stated otherwise, any new features to augment or enhance the current Service, including the release of new Chanrobles.com properties, shall be subject to the TOS.
The Service is provided "AS-IS" and that Chanrobles.com assumes no responsibility for the timeliness, deletion, un-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment necessary to access the Service.
We reserve the right to take any of the following actions at any time and for any reason without giving you any prior notice:
a. Restrict, suspend or terminate your access to all or any part of the Service; b. Change, suspend or discontinue all or any part of the Service; c. Refuse, move or remove any material that you submit to the Service for any reason; d. Refuse, move, or remove any content that is available on the Service; e. Deactivate or delete your accounts and all related information and files in your account; f. Establish general practices and limits concerning use of the Service
You agree that we will not be liable to you or any third party for taking any of these actions.
3. REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Philippines or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Chanrobles.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Chanrobles.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. CHANROBLES.COM PRIVACY POLICY
Registration Data and other certain information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.chanrobles.com.com/privacypolicy.php
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Chanrobles.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Chanrobles.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Chanrobles.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Chanrobles.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Chanrobles.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. Publish, post, upload, email, distribute, disseminate or otherwise make available (collectively, "Transmit") any unlawful, infringing, harmful, threatening, abusive, inappropriate, harassing, tortous, defamatory, vulgar, obscene, indecent, defamatory, libelous, invasive of another's privacy, profane, hateful, or racially, ethnically or otherwise objectionable Content.
b. Transmit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
c. Transmit files that contain viruses, corrupted files, or any other similar software or any other computer code, files or programs that may damage, interrupt, destroy, limit the functionality or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
d. Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," contests or any other form of solicitation, except in those areas (such law firm Web sites) that are designated for such purpose (please read our complete Spam Policy);
e. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
f. Harm minors in any way.
g. Impersonate any person or entity, including, but not limited to, a Chanrobles.com representative or falsely state or otherwise misrepresent your affiliation with a person or entity;
h. Forge headers or otherwise manipulate identifiers or other data in order to disguise the origin of any Content transmitted through the Service or to manipulate your presence on our sites;
i. Download any file that you know or reasonably should know, cannot be legally obtained in such manner;
j. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
k. Restrict or inhibit any other user from using and enjoying any public area within our sites;
l. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
m. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
n. Intentionally or unintentionally violate any applicable local, state, national or international law or engage in any illegal activities;
You acknowledge that Chanrobles.com may or may not pre-screen the Content, but Chanrobles.com and its designees reserve its right pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Chanrobles.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Chanrobles.com or submitted to Chanrobles.com, including without limitation information in Chanrobles.com Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that Chanrobles.com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Chanrobles.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Chanrobles.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Philippines or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Chanrobles.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Chanrobles.com the following world-wide, royalty free, perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Chanrobles.com network of properties that are intended by Chanrobles.com to be available to the general public. By way of example, publicly accessible areas of the Service would include the Chanrobles.com Lawyer Directory, Wiki’s and Message Boards.
9. NO LEGAL ADVICE
The Service and all Content are provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. Any information contained in the Content or this Service should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter. No recipient of Content from the Service should act or refrain from acting on the basis of any Content included in, or accessible through, the Service without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient's state, country or other appropriate licensing jurisdiction.
10. INDEMNITY
You agree to indemnify and hold Chanrobles.com, and its subsidiaries, affiliates, employees, information providers, partners, licensors, agents, co-branders, officers, directors, owners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Chanrobles.com Account Identification), use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Chanrobles.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded content will be retained by the Service, the maximum disk space that will be allotted on Chanrobles.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Chanrobles.com has no responsibility or liability for the deletion or failure to store any communications or other Content maintained or transmitted by the Service. You acknowledge that Chanrobles.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Chanrobles.com reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO SERVICE
Chanrobles.com reserves the right from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Chanrobles.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
14. TERMINATION
You agree that Chanrobles.com may, under certain circumstances and without prior notice, immediately terminate your Chanrobles.com account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Chanrobles.com account includes (a) removal of access to all offerings within the Service, including but not limited to Chanrobles.com Message Boards and Web sites, (b) deletion of your password and all related account information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Chanrobles.com's sole discretion and that Chanrobles.com shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Chanrobles.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
16. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Your use of each of those sites is subject to conditions, if any, considering that in the sites has posted, Chanrobles.com has no control. You acknowledge and agree that Chanrobles.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Chanrobles.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
17. CHANROBLES.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Chanrobles.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Chanrobles.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Chanrobles.com for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHANROBLES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE AND NON-INFRINGEMENT.
b. CHANROBLES.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHANROBLES.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHANROBLES.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHANROBLES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (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 OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. IN SUCH COUNTRIES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO LEGAL INFORMATION
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning legal information or services, please read the above Sections 17 and 18 again. They go doubly for you. The Service is provided for informational purposes only, and no Content included in the Service should be relied on as a substitution for the legal advice from a licensed lawyer. Chanrobles.com, its licensors and partners shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
22. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
23. NOTICE
Chanrobles.com may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
24. TRADEMARK INFORMATION
CHANROBLES.COM and the Chanrobles.com logo are trademarks of Chanrobles.com Inc. (the "Chanrobles.com Marks"). Without Chanrobles.com's prior permission, you agree not to display or use in any manner, the Chanrobles.com Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Chanrobles.com respects the intellectual property of others, and we ask our users to do the same. Chanrobles.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 provide Chanrobles.com's Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. 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;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
26. GENERAL INFORMATION
Entire Agreement
The TOS constitutes the entire agreement between you and Chanrobles.com and govern your use of the Service, superceding any prior agreements between you and Chanrobles.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Chanrobles.com services, affiliate services, third-party content or third-party software.
Choice of Law and Forum
The TOS and the relationship between you and Chanrobles.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Chanrobles.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Philippines.
Arbitration
Chanrobles.com may elect to resolve any controversy or claim arising out of or relating to these TOS or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the county of the Philippines, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in the county of the Philippines, necessary to protect the rights or property of you or Chanrobles.com (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
Waiver and Severability of Terms
The failure of Chanrobles.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your Chanrobles.com account is non-transferable and any rights to your Chanrobles.com I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations
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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
27. VIOLATIONS
Please report any violations of the TOS to our Terms of Service Group This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
TERMS OF SERVICE
ChanRobles™ LawTube Terms of Service
Welcome to ChanRobles™ LawTube, an online community that connects people through networks of friends for communicating, sharing and making new friends. The ChanRobles™ LawTube service is operated by Chan Robles Law Firm ("we," "us," or "ChanRobles™ LawTube"). By using the ChanRobles™ LawTube website (the "Website") you agree to be bound by these Terms of Service (this "Agreement"). In addition, if you are an individual who wishes to become a ChanRobles™ LawTube Member (a "Member"), communicate with other Members and make use of the ChanRobles™ LawTube service (the "Service"), you must read this Agreement and indicate your acceptance of its terms by following the instructions on the "Sign Up" page and checking the box labeled "I agree to ChanRobles™ LawTube's Terms of Service."
PLEASE NOTE: if you represent a group or entity of the type listed in Section 9 below or otherwise wish to use the Website and the Service to promote a person, business, product or service by registering yourself or your group or entity as a "Member Entity" and creating a "Fan Profile" (each as defined in Section 9 below), you must complete the Fan Profile Registration Form and check the box on the Form labeled "I understand that this Fan Profile is subject to ChanRobles™ LawTube’s Terms of Service, including those provisions applying specifically to Fan Profiles."
This Agreement sets out the legally binding terms of your use of the Website (whether or not you become a Member) and your membership in the Service, if any, and may be modified by us at any time without prior notice. All such modifications will be effective upon posting on the Website and any use by you of the Website or the Service (whether or not you are a Member) after the posting of any such modification will constitute your agreement to that modification. The terms of our Privacy Policy and any notices regarding the Website or the Service sent to you or posted on the Website are incorporated into and made part of this Agreement. Links to copies of ChanRobles™ LawTube’s policies and notices can be found on the ChanRobles™ LawTube Home Page.
1. Eligibility.
You must be sixteen or over to use the Website, register as a Member or create a Fan Profile. Use of the Website and membership in the Service are void where prohibited. By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time for any reason by following the instructions on the Cancel Account page in Account Settings. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect. See Section 16 below for a list of the provisions of this Agreement that will survive the termination of your membership.
3. Other Agreements.
Please note that, if you sign up for one or more features of the Service that are provided by third parties, such as ChanRobles™ LawTube Blogs, one of the services featured on the ChanRobles™ LawTube Video Tab such as YouTube, or any of the widgets and applications that may be listed or marketed on ChanRobles™ LawTube (collectively, "Third Party Features"), then you may be required to agree to terms of service with those third parties as well. Any such terms of service are different from and in addition to this Agreement. You may find a link to the current version of the terms of service for some of our third party service providers here.
The Website also contains links to third party sites and third party content, widgets and applications (collectively, and, for purposes of this Section 3, including Third Party Features, "Third Party Materials") and ChanRobles™ LawTube has no control over any such sites or Third Party Materials. Links to Third Party Materials are provided by ChanRobles™ LawTube solely as a convenience; ChanRobles™ LawTube neither endorses nor bears any responsibility for or control over any Third Party Materials or any links contained therein. All policies and statements by ChanRobles™ LawTube herein pertaining to the Website do not apply in any way to these Third Party Materials. Once you leave this Website and/or access Third Party Materials, ChanRobles™ LawTube’s Terms of Use, Privacy Policy and other policies are no longer in effect. ChanRobles™ LawTube recommends that you read the terms of use of each and every website which you visit and any and all Third Party Materials that you add to your profile. ChanRobles™ LawTube reserves the right in its sole discretion and without notice to: (i) terminate any and all links to this Website from any third party site, (ii) terminate any and all links from this Website to any third party site and/or (iii) terminate any Third Party Materials made available or accessible via this Website and remove any online posting thereof.
In addition, you acknowledge and agree that any third party developer that makes a widget, application or other third-party service available to you on or via ChanRobles™ LawTube may use a ChanRobles™ LawTube or other application programming interface to retrieve and/or collect personally-identifiable and/or ChanRobles™ LawTube-specific information about you to populate your copy of its widget or application with relevant information and/or content created, provided or posted by you. As noted above, you should review the terms of use of any such third party developer and/or Third Party Materials, including its privacy and data gathering policies and procedures.
4. Non Commercial Use by Members.
The Service and the Website are for the personal use of individual Members only. Unless you have registered a Fan Profile (see Section 9 below), you may not use the Website or the Service in connection with any commercial endeavors without our express written consent in each case. Organizations, companies and/or businesses, including third party companies or developers posting or otherwise making Third Party Materials available on or via the Website (other than Member Entities that have registered Fan Profiles) may not become Members and should not use the Service or the Website for any purpose. No Member may copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by ChanRobles™ LawTube or other Members for the purpose of selling, engaging in, marketing or promoting any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames, email addresses or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website or any other use not expressly permitted in this Agreement, will be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company or business access to your ChanRobles™ LawTube profile or other content uploaded on the Website for the purpose of extracting such information or other content.
5. Proprietary Rights in Content.
1. Rights in Content Posted by ChanRobles™ LawTube or Other Members. We own and retain all proprietary rights in the Website and the Service. The Website contains certain copyrighted material, including links and compilations of individual data, trademarks and service marks and other proprietary information of ChanRobles™ LawTube, our Members and our licensors. Except for any information which is in the public domain, you may not use, copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary materials or information without our express written consent in each case.
2. Rights in Content Posted by You. By publishing, displaying or uploading (collectively, "Posting") any text, links, photos, video, messages or other data or information (collectively, "Content") on or to the Website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to ChanRobles™ LawTube an irrevocable, perpetual, nonexclusive, fully-paid and worldwide license to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses of the foregoing.
6. Content Posted by You to the Service and the Website.
1. Profile Information.
PLEASE NOTE: The Service includes an option which allows Members (other than Member Entities, as defined in Section 9) to determine who may view their full profile. These levels are: "Friends," "Friends of Friends" and "Anyone." If you are an individual Member and you choose to allow your ChanRobles™ LawTube profile to be viewed by "Anyone," you should be aware that anyone who accesses the Website, whether or not they are a Member, will be allowed to view all the information in your profile. In addition, the Service includes an option which allows individual Members to include their last names in their ChanRobles™ LawTube profiles. If you choose this option, your last name will be included in both your normal ChanRobles™ LawTube profile as well as your "public profile" (which is described in subsection (b) below). Your public profile will be available to anyone, regardless of the level of access you have chosen for your full ChanRobles™ LawTube profile. WHEN CHOOSING THESE OPTIONS, PLEASE CONSIDER CAREFULLY THE LEVEL OF ACCESS YOU WISH TO ALLOW TO YOUR ChanRobles™ LawTube PROFILE AS WELL AS WHETHER YOU WANT YOUR FULL NAME TO BE AVAILABLE TO THE GENERAL PUBLIC. For more information about the various levels of sharing of your ChanRobles™ LawTube profile and your last name, click here.
2. Public Profile Information.
Regardless of what personal information a you choose to include in your ChanRobles™ LawTube profile or what level of sharing of your profile you choose, certain information about every ChanRobles™ LawTube Member will be included in that Member's "public profile." A Member's public profile is an abbreviated version of that Member's regular ChanRobles™ LawTube profile, containing the information listed below, which will be available to any user of the Website, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each individual Member's public profile includes the following information about that Member:
* Name (first, or first and last, depending on which option the Member chooses)
* Gender
* Age
* Marital Status (or the Member's other response to this category of the ChanRobles™ LawTube profile)
* People the Member is interested in meeting (e.g., "Dating Men," "Dating Women," "Friends," etc.)
* Astrological sign
* Location
* Hometown
* "Member Since" date
* The URL of the Member's ChanRobles™ LawTube profile
3. Removal of Content.
You understand and agree that we may review and delete any Content that you include in your profile or otherwise Post on any area of the Website (which may include deleting your entire profile) that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal or (3) might violate the rights of, harm or threaten the safety of any other Member.
4. Member Identities and Fan Profiles.
Unless you are a Member Entity who has registered a Fan Profile (see Section 9 below), your profile must describe you, an individual person. Examples of inappropriate profiles include but are not limited to profiles that purport to represent an animal, place, inanimate object, fictional character or real individual who is not you.
5. Member Responsibility for Content.
You are solely responsible for the Content that you Post on the Website or the Service or transmit to other Members.
6. Prohibited Content.
Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Posting of any of this Content by you may result, in our sole discretion, in termination of your membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including, without limitation, removing the offending communication from the Website and reporting such violator to the appropriate legal authorities. Prohibited Content includes but is not limited to Content that, in our sole judgment:
* is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
* harasses or advocates harassment of another person;
* involves the transmission of "junk mail," "chain letters," "spam" or any other unsolicited mass mailing, emailing or other communication;
* includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive or (3) is threatening, obscene, defamatory or libelous;
* constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images or video or links to pirated music, image or video files or (4) Content which otherwise violates the terms of Section 8 below;
* displays pornographic or sexually explicit material of any kind;
* includes material that exploits people under the age of 18 in a sexual or violent manner or is intended to solicit personal information from anyone under 18;
* provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
* solicits passwords or personally-identifying information for commercial or unlawful purposes from other Members;
* constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter or advertising, excluding any Content posted by a Member Entity on its registered Fan Profile; or
* solicits people you do not know to add you or accept you as a friend on the Service, excluding any Content posted by a Member Entity on its registered Fan Profile.
Even though all of the above Content is strictly prohibited, there is a small chance that you may become exposed to such items while using the Website or the Service. If so, neither we nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure. Please see Sections 11 and 12 below for further limitations on our liability.
7. Further Restrictions on Your Use of the Website and the Service.
1. You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations.
2. Unless you are a Member Entity who has registered a Fan Profile, you may not include in your Member profile any telephone numbers, street addresses or email addresses.
3. Although ChanRobles™ LawTube cannot monitor the conduct of its Members off the Website, it is a violation of this Agreement to use any information obtained from the Service or the Website in order to harass, abuse or harm another person or in order to contact, advertise to, solicit or sell to any Member without the prior explicit consent of such Member and ChanRobles™ LawTube. To protect our Members from such conduct, we reserve the right, in ChanRobles™ LawTube’s sole discretion at any time, to restrict the number of emails or other communications that a Member may send to other Members.
8. Copyright Protection Policy.
You may not Post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement, please contact us.
9. Fan Profiles.
1. Registering a Fan Profile.
If you wish to create a profile on behalf of a public person, group, entity or organization (a "Fan Profile") or otherwise wish to use the Website or the Service to promote a person, business, product or service, including any widgets, applications or other Third Party Materials, you must complete the Fan Profile Registration Form and you or your Fan Profile must be approved by ChanRobles™ LawTube. If your Fan Profile is approved, you will become a "Member Entity" under this Agreement. Until such approval is obtained, you may not create a Member profile or use the Service on behalf of any group, entity or organization or otherwise to promote any person, business, product or service. ChanRobles™ LawTube reserves the right to deny approval of a Fan Profile at any time and for any reason or no reason.
2. Fan Profiles and Use of Service.
In completing the Fan Profile Registration Form and submitting it to ChanRobles™ LawTube for approval, you agree, on behalf of yourself or your group, entity or organization (as applicable), to adhere to and be bound by all of the terms of this Agreement applicable to Members in general as well as the provisions of this Agreement, including Section 9, applicable only to Fan Profiles. Unless otherwise expressly provided herein, any reference to "Member" or "Members" in this Agreement will also be deemed a reference to each and every Member Entity. Notwithstanding ChanRobles™ LawTube's prior approval of any Fan Profile, ChanRobles™ LawTube reserves the right, at any time, in its sole and absolute discretion and for any reason or no reason, to delete any Content that is included in any Fan Profile (which may include the deletion of the entire Fan Profile) or to revoke such Member Entity's membership. Although the features available on Fan Profiles and elsewhere on the Website and the Service for Member Entities may from time to time include features not available to individual Members, ChanRobles™ LawTube reserves the right, at any time, in its sole and absolute discretion and for any reason or no reason, to change, add, remove or selectively allow the use by any Member of any such feature.
3. Eligible Individuals and Groups.
Subject to ChanRobles™ LawTube's absolute right to approve or disapprove any Fan Profile, the following individuals, groups, entities and organizations may be eligible to create Fan Profiles:
* Justices (SC/CA/SB) * Court Judges * Lawyers, Barristers, Solicitors * Law Firms * Juris Doctors * Law Students * Law Schools * Lawyers’ Associations * Lawyers’ Organizations * Law Schools’ Brotherhood/Fraternity/Sorority * Law Advocates * Law Graduates * Law Enforcement Agencies * Students (College) * General Public
PLEASE NOTE, however, that the above list is not exhaustive and ChanRobles™ LawTube may require, in its sole and absolute discretion at any time, any Member to register a Fan Profile as a condition to such Member's use of the Website or the Service even though such Member or such Member's entity, group, organization, product or service is not expressly listed above.
4. Content of Fan Profile.
The Fan Profile created and maintained by each Member Entity must describe only such Member Entity and the person, group, entity, organization, business, product or service associated with such Member Entity, all substantially as reported to ChanRobles™ LawTube upon approval of such Fan Profile. If you wish to add any new or additional person, group, entity, organization, business, product or service to an existing Fan Profile, you must complete a new Fan Profile Registration Form and submit it for approval.
5. Member Entity Representations and Warranties.
If your or your group's, entity's or organization's Fan Profile is approved, you represent and warrant to ChanRobles™ LawTube that:
* You or your group, entity or organization (as applicable) has the right and full power and authority to enter into this Agreement;
* If your group, entity or organization is a corporation, limited liability company, limited partnership, trust or other form of organized entity:
1. it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or formation, and
2. the agreement to become a Member Entity, create a Fan Profile and be bound by the terms of this Agreement has been duly authorized and approved by such entity;
* This Agreement is a valid and binding agreement of the Member Entity, enforceable in accordance with its terms;
* Any individual entering into this Agreement on behalf of the Member Entity has full authority to agree to these terms and to bind the Member Entity fully to this Agreement; and
* All information with regard to either the Fan Profile, the Member Entity or its business, products, services, clients or customers provided to ChanRobles™ LawTube is and will be complete and accurate in all respects.
10. Member Disputes.
You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including termination of the membership of one or more Members.
11. Disclaimers.
1. We are not responsible for any incorrect or inaccurate Content Posted on the Website or in connection with the Service, whether made or caused by users of the Website, Members, our advertisers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service.
2. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
3. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website or otherwise in any way in connection with the Service. The Website and the Service are provided "AS IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us or from or through the Website or the Service shall create any warranty not expressly stated herein.
12. Limitation on Liability.
Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.
13. Disputes.
If there is any dispute between you and us about or involving the Website or the Service, by using the Website or the Service, you agree that the dispute will be governed by the laws of the Philippines without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the Philippines for the resolution of any such dispute.
14. Indemnity.
You agree to indemnify and hold ChanRobles™ LawTube and its subsidiaries, affiliates, officers, agents, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Website or the Service (including the Posting by you of any Content on the Website) in violation of this Agreement, (b) any other breach of this Agreement by you or (c) any breach of your representations and warranties set forth above.
15. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
16. Survival.
Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 5 (Proprietary Rights in Content), Section 9 (Fan Profiles), Section 10 (Member Disputes), Section 11 (Disclaimers), Section 12 (Limitation on Liability), Section 13 (Disputes), Section 14 (Indemnity), Section 16 (Survival) and Section 17 (Other).
17. Other.
You will be deemed to have accepted the terms of this Agreement upon use of the Website or by becoming a Member. This Agreement, together with our Privacy Policy, and any notices regarding the Website or the Service sent to you or posted on the Website, all of which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Website or the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate.
Please contact us with any questions regarding this Agreement.
ChanRobles™ LawTube is a service mark of Chan Robles & Associates Law Firm.
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| Last Updated ( Wednesday, 23 September 2009 14:04 ) | ||


