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Legal
Notices
Tridel provides its Service as defined below to you,
a user ("You" or "User"), subject
to the following Terms of Service ("Terms")
and any posted guidelines, polices, amended terms,
and conditions (the "Additional Terms ")
applicable to such Service which may be posted from
time to time on Tridel's site. All such Additional
Terms are hereby incorporated by reference into the
Terms. These Agreements were drafted in January, 2002.
If you have any question or inquiry that the Agreements
cannot answer, please contact Tridel by sending an
email to info@tridel.net.
TERMS OF USE
1. General
Tridel owns and operates this site and the services
offered on it (the "Service"). You acknowledge
and agree that the Service is provided "AS-IS"
and "AS AVAILABLE", and that Tridel has
the right at any time to change or discontinue any
aspect of the Service, including the content, hours
of availability, and equipment needed to access to
or use of the Service.
2. User Obligations
In consideration of your use of the Service, you agree
to: (i) provide current, true, accurate, complete,
and not deceptive or misleading information ("True
Information") about yourself if required by the
Service's registration form ("Registration Data
"); and (ii) maintain, update and keep the Registration
Data, as True Information. If you provide any information
that is not True Information, or if Tridel has reasonable
grounds to suspect that such Registration Data is
not True Information, Tridel has the right to suspend
or terminate your account and refuse you any and all
current or future use of the Service.
3. Fees
Joining Tridel's web site is free of any fees ("Fees").
Tridel may in its absolute and sole discretion, from
time to time, decide to charge Fees.
4. Users Conduct
Content Control. Tridel does not control any of the
information, data, opinions, advice, statements, services,
offers, text, software, music, sound, photographs,
graphics, video, messages or other materials, information
or content ("Content ") expressed, made
available and/or provided by other Users, or any third
party, which is made available through Tridel's system.
Such Content is the sole responsibility of the entity
from which such Content has originated. Tridel neither
endorses nor is responsible for the accuracy or reliability
of the Content made on the Tridel web site by anyone
other than authorized Tridel employee spokespersons
while acting in their official capacities.
Tridel does not guarantee the accuracy, integrity
or quality of such Content. You understand that by
using the Service, you may find other user's Content
to be offensive, harmful, indecent, inaccurate, objectionable
or deceptive.
Under no circumstances shall Tridel be liable in
any way for any Content, including, but not limited
to, 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 or otherwise
transmitted via the Service.
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 posted by Tridel or
submitted to Tridel.
You acknowledge and agree that Tridel may disclose
Content if required to do so by law or in the good
faith belief that such disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the
Terms; (c) respond to claims that any Content violates
any rights of third-parties; or (d) protect the rights,
property, or personal safety of Tridel, its Users
and the public.
User's Account and Password. You shall be responsible
for maintaining the confidentiality of your User name
and password, and is fully responsible for all activities
that occur under your account. The User agrees to
immediately notify Tridel of any unauthorized use
of his User name, password or account or any other
breach of security. Tridel cannot and shall not be
liable for any loss or damage arising from the User's
failure to comply with this Section.
User's Identity. Since User authentication on the
Internet is difficult, Tridel cannot and does not
confirm each User's purported identity.
Access and Interference. You agree that you shall
not use any robot, spider, other automatic device,
or manual process to monitor or copy Tridel's web
pages or the content contained herein without Tridel's
prior expressed written permission. You further agree
that you will not use any device, software or routine
to interfere or attempt to interfere with the proper
working of Tridel's web site. You further agree not
to access the Service by any means other than through
the interface that is provided by Tridel for use in
accessing the Service.
5. Copyrights
All material on this site, including for example images,
illustrations, and special surveys, sweepstakes, games,
and promotions, is protected by copyrights which are
owned and controlled either by Tridel, its affiliates
or by third parties who have licensed their material
to Tridel. You agree that you will not download, copy,
reproduce, alter, modify, create derivative works,
or publicly display any content from Tridel's web
site without the prior expressed written permission
of Tridel or the appropriate third party. 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 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 Tridel 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.
The trademarks, logos, and service marks (collectively
the "Trademarks") that you see on this site
are registered and unregistered trademarks of Tridel,
its affiliates, and others. Nothing in this site grants
to you any license or right to use any Trademark displayed
on this site without the prior written permission
of the owner of the Trademark. Your use or misuse
of the Trademarks displayed on this site, or any other
content on this site, is strictly prohibited.
If you are a copyright holder who believes that Tridel's
Service is hosting infringing copies of any of your
rights, please notify Tridel and email info@tridel.net.
Tridel welcomes your comments regarding our merchandise
and services, including our Internet site. However,
any notes, messages, billboard postings, ideas, suggestions,
or other material, which you submit to Tridel will
become the property of Tridel. Tridel shall be entitled
to use any kind and nature of material that you submit
for any type of use forever including in any media
whether now known or hereafter devised. When you submit
material to the Tridel web site, you agree that Tridel
has the right to publish the materials for any type
of use as outlined above including for promotional
and advertising purposes, without compensation to
you of any kind.
6. Links
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources for
your convenience. Because Tridel has no control over
such sites and resources, you acknowledge and agree
that Tridel 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. In addition, you acknowledge
and agree that Tridel shall not be responsible or
liable, for any damage or loss caused or alleged to
be caused by or in connection with the use of or reliance
on any such Content, goods or services available on
or through any such site or resource. As such, any
and all issues related to payment, shipping or receiving
of goods, products and/or services should be addressed
to the merchant concerned and not to Tridel.
7. Breach by a User
Without limiting other remedies, Tridel may, in its
sole and absolute discretion, temporarily refuse to
provide Tridel's Service to You if Tridel finds or
believes, in its sole determination, that: (a) You
breached any of our Agreement or the documents it
incorporates by reference; (b) Tridel is unable to
verify or authenticate any information you provide
to Tridel; or (c) your actions may result in legal
liability for you, Tridel, or its Users.
DISCLAIMER
8. No Warranty
You expressly understand and agree that: (a) your
use of the Service is at your sole risk; (b) the Service
and the materials in the Tridel web site and any third
party sites are provided on an "as is" and
"as available" basis. Tridel expressly disclaims
all warranties of any kind, whether express or implied,
including, but not limited to the implied warranties
of merchantability, and fitness for a particular purpose.
Tridel makes no warranty that (i) the Service and
the materials on this web site and on any third party
site will (a) meet your requirements; (b) be uninterrupted,
timely, secure, accurate or error-free; (ii) defects
on the Service and in the materials on the site or
on third party sites will be corrected (iii) this
site or any third party site is free of viruses or
other harmful components. Tridel does not warrant
or make any representation regarding the use or the
results of the use of the materials on this site or
on liked sites in terms of their correctness, accuracy,
timeliness, reliability or otherwise.
9. Limited liability
You expressly understand and agree that neither Tridel
nor its affiliates or related entities or its merchants
or content providers shall be liable to any person
or entity whatsoever for any direct or indirect loss,
damage (actual, incidental, special, punitive, consequential,
exemplary or otherwise, including but not limited
to, damages for loss of profits, goodwill, use, data
or other intangible losses (even if Tridel has been
advised of the possibility of such damages)), injury,
claim, liability or other cause of any kind or character
whatsoever, based upon or resulting from: (i) information
or opinions provided on this site or on a third party
site; (ii) the materials provided on this site or
on a third party site; (ii) the use or the inability
to use the Service or materials on the site or on
a third party site; (iii) unauthorized access to or
alteration of your transmissions or data; (iv) statements
or conduct of any user or third party on the site
or Service; or (v) any other matter relating to the
site or service.
10. Compliance with laws
You shall comply with all applicable laws, statutes,
ordinances and regulations regarding your use of the
Service.
11. Release
The Service, including the material that you read
on the Tridel site, is provided for entertainment,
promotional, and commerce purposes. If you are dissatisfied
with the Tridel web site or any Content, or with any
of the TOS, your sole and exclusive remedy is to discontinue
using the web site.
12. Indemnity
You agree to indemnify and hold Tridel and its subsidiaries,
affiliates, officers, directors, agents, and employees,
free and harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party
due to or arising out of your breach of these Agreements
or the documents it incorporates by reference, or
your violation of any law or the rights of a third
party.
PRIVACY
13. Automatic Tracking
By using the site, Tridel is able to and may track
certain information about you in order to perform
internal research on its Users' demographics, interests,
and behavior. This information may include the URL
from which you arrived, the next URL you may visit,
what browser you are using, and your IP address. An
IP address is a number that's automatically assigned
to your computer whenever you are surfing the Web.
Web servers - the computer that serve up Web pages
- automatically identify your computer by its IP address.
Tridel uses your IP address to help diagnose problems
with its server, and to administer its site. Your
IP address is also used to help identify you and to
gather broad demographic information.
14. Disclosure Tridel will not disclose, sell or transfer
any of your data, to any third parties (e.g., advertisers
or business partners), except in the following cases:
(i) Tridel receives your permission; (ii) if Tridel
believes in good faith that the law requires such
disclosure or transfer; and (iii) if required by third
party contractors and service providers who work with
Tridel, to provide the web site's service.
These Agreements are effective until terminated by
Tridel at any time, without notice. Tridel may terminate
your right to use this site immediately without notice
to you if, in Tridel's sole determination, you fail
to comply with any of the TOS. In the event of termination,
you are no longer authorized to access this web site,
and the restrictions imposed upon you with respect
to materials copied or downloaded, and the disclaimers
and limitations of liabilities set forth in this User
Agreement shall survive the termination of this Agreement.
Tridel was incorporated under Philippine laws; the
User Agreement and the relationship between you and
Tridel shall be governed by the laws of the Philippines
without regard to its conflict of law provisions;
you and Tridel agree to submit to the personal and
exclusive jurisdiction of the courts located within
Pasig City, Philippines; the failure of Tridel to
exercise or enforce any right or provision of the
Agreements shall not constitute a waiver of such right
or provision. If any provision of these Agreements
is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall
be enforced; Tridel's failure to act with respect
to a breach by you or others does not waive Tridel's
right to act with respect to subsequent or similar
breaches; 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 Agreements must be filed within one (1) year after
such claim or cause of action arose or be forever
barred; any notices shall be in writing and shall
be deemed to have been duly given to you for all purposes
when received, seven days after it is emailed, to
the address you may have provided to Tridel during
the registration; the singular shall include the plural,
and the masculine gender shall include the feminine
and neuter, unless the context otherwise requires;
the section titles in the Agreements are for convenience
only and have no legal or contractual effect.
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