Terms of Use
aintalking.com Terms of Use Policy
Last Updated: August 22, 2013
Welcome to aintalking.com.
Before you browse our website, please be informed of our Terms of Use Policy. This document, together with our Privacy Policy, describes and governs aintalking.com’s relationship with you in relation to your access of our online services. aintalking.com may change, add or remove any part of this agreement. Product, service and membership features, including price may be changed, appended to or removed at any time. Should such changes occur, we will post them on the aintalking.com website. If you find that future changes are unacceptable to you, you may opt to discontinue using our website. Continuance of usage of our website and our services will indicate that you have accepted the changes made.
Using Our Website:
Our website has web pages that are open to non-members and web pages that are restricted for members only. Use of our website for non-members is open to users of all ages. However, membership is required to make full use of the services and products available on our website. Children below the age of 15 are not allowed membership privileges. However, children below the age of 15 are allowed to visit the websites and avail of its non-member services.
Our Services:
aintalking.com offers e-commerce products and services in the form of online advertisements through its website aintalking.com. These products and services are available for purchase through aintalking.com only and are not in any way available for purchase in any other location or through any person.
Code of Ethics:
Please always keep in mind that our non-mebers and members value their time, money, investment and privacy. You agree to provide our visitors, both non-members and members, through aintalking.com, only true, complete, current and accurate information. You also agree to keep your account details true, complete, accurate and up-to-date. Please practice integrity and honesty in your comments, contributed articles, testimonials or referrals posted through aintalking.com. Should you be aware of any misuse of your account you agree to notify us immediately. aintalking.com will not be liable for any loss or damage for comments, contributed articles, testimonials or referrals posted through aintalking.com.
aintalking.com reserves the right to cancel your membership privileges and forfeit any membership payments made with notice should you be found to use our services for purposes of:
- posting, transmitting or making available any data, information, file or any other materials that are unlawful, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by aintalking.com in its sole discretion;
- violating local, national, or international laws;
- providing material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by international regulating agencies as a foreign terrorist organization;
- collecting and/or storing data or information that violates our Privacy Policy and Terms of Use Policy;
- violating the Child and Youth Welfare Code of the Philippines harming minors in any way or;
- violating the intellectual property rights or the privacy or publicity rights of others;
- transmitting, posting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- impersonating any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- stalking or otherwise harassing another person or entity;
- using false statements to get, or to attempt to get, account information or other private information from other Members or Internet users;
- Planning illegal activity such as but not limited to building weapons of destruction or counterfeiting money;
- Advertising an illegal lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia;
- distributing viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or telecommunications equipment;
- engaging in copyright infringement or other intellectual property infringement, or disclosing trade secrets or confidential information in violation of a confidentiality or nondisclosure agreement;
- conducting activities that inhibits any other person from using or enjoying aintalking.com and which negatively affects the user experience, such as but not limited to interference with or disruption of our services or servers or networks connected to us, or disobey any requirements, procedures, policies or regulations of networks connected to us.
You acknowledge that aintalking.com may screen the information you post on our website and has the right (but not the obligation) in our sole discretion to deny any request or remove any content that is in violation of this agreement. Members who violate the terms and conditions of this agreement will be sent a notice of the violation through email and given ten (10) days to remedy and correct the stated violation. In the event that the violation is left unremedied and uncorrected, after the grace period of ten (10) days, member’s contributed content and/or member’s active membership status may be suspended. Member is then given an additional twenty (20) days to remedy the violation. If the violation is remedied within the twenty (20)-day suspension, member may request through email for a lifting of the suspension. If the violation is not corrected within the twenty (20)-day suspension, member’s contributed content and/or member’s membership will be terminated.
Availability of Our Service:
While aintalking.com makes reasonable efforts to ensure that our websites and services are available at all times, we do not guarantee, represent or warrant that our services will be uninterrupted or error-free, and we do not guarantee that users will be able to access or use all the features at all times. Every effort is made to keep the website up and running smoothly. However, aintalking.com takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.
aintalking.com also does not guarantee or warrant that any content you may have in your account with us will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important documents, images or other content. Unless otherwise expressly provided in the terms of any service or feature offered in any of our websites, we will not be responsible for any archiving or backup of any such information. If any data, messages, images or other content in your account and stored on any of the online support services and/or online business services of aintalking.com is damaged, lost or corrupted in any way, aintalking.com will have no obligation or liability to you.
Website Links:
Our website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content and usage policies of their website(s).
Release:
Because we are not involved in the actual transactions between aintalking.com and its members and users, in the event that you have a dispute, for any reason, you release aintalking.com (and any officers, directors, agents, and employees thereof) from claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Copyright Notice:
This website and its content is copyright of aintalking.com © 2013. Any redistribution or reproduction of part or any of the contents in any form is prohibited other than the following:
- You may print or download to a local hard disk extracts for your personal and non-commercial use only;
- You may copy the publicly published content for your personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system for commercial use.
Proprietary Rights:
Our website contains material which is owned by or licensed to us. The material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction, selling, distribution or creation of derivative works based on our website, or our services, in whole or in part is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Indemnity:
You agree to indemnify and hold aintalking.com, its parents, subsidiaries, affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the following: Your use of our services, use of your account by any third party, your purchase or use of our products or services, your violation of this Agreement, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
WARRANTY DISCLAIMER:
You use our services at your own risk. OUR SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. aintalking.com NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL aintalking.com OR OUR PARTNERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE USE OR THE INABILITY TO USE OUR SERVICE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARTNERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY US IN THE TWELVE MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. Our service is free for our members to use in posting comments and for our website visitors to search, refer and post feedback on existing blog posts and pages. All charges associated with this service are incurred by the Advertisers.
GENERAL:
This agreement constitutes the entire agreements between you and aintalking.com. The rights and obligations of the parties under this Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods; rather such rights and obligations shall be governed in all respects by Republic Act No. 8792, known as the Electronic Commerce Act of 2000, and the laws of the Republic of the Philippines. The local courts of the Philippines will have exclusive jurisdiction and venue over all controversies in connection herewith, and each party hereby consents and submits to such exclusive and personal jurisdiction and venue.
This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto. All communications and notices to be made or given pursuant to this Agreement shall be in the English language. Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of the Philippines.
