Last Updated on 28 May 2018.
The content on this Site, and the trademarks, service marks and logos contained therein are owned by or licensed to Yondu and is subject to copyright and other intellectual property rights under Philippine laws. Content on the Site is provided to you on an “as is” basis and without warranties for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Yondu reserves all rights not expressly granted in and to the Site and its Content. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
You understand that when using the Site, Yondu is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to the content of the website: hence, no representation is made nor any warranty given (either expressed or implied) as to the information it contains.
For the purpose of these Terms, “you” means the individual user of our Services. If your access or use of our Services is, directly or indirectly, on behalf of one or more third parties (such as, without limitation, your employer or client, or your employer’s client, if your employer has been engaged to access our Services (any such employer, client or other third party, a “Principal”), then “you” also refers to such Principal. If you are using our Services on behalf of a Principal, (a) you represent and warrant that you have the authority to bind, and have bound, such Principal to these Terms; (b) the submission and sharing of the Principal’s data is with his/her consent; and (b) you agree to be jointly and severally liable for any breach of these Terms by Principal.
In addition, the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” The word “or” shall be construed to have the same meaning and effect as “and/or.” The words “herein,” “hereof” and “hereunder,” and words of similar import, shall be construed to refer to these Terms. The headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.
III. Visiting and Submitting Personal Information through our Site
As part of providing our Services to you, we may need to provide you with certain communications, such as service announcements, administrative messages and newsletters. Such communication may be by email, instant message, a posting on our Services or some other mechanism. You consent to receive such communications from us electronically. If you have registered or signed up for one or more of our communications, our Service announcements and administrative messages we provide, you are considered part of the said Services themselves, and you may opt-out from receiving the services by unsubscribing to the service or reaching out to us at email@example.com.
You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, agreements, consents or authorizations that you provide to us electronically, satisfy any and all legal requirement(s) that such communications be in writing.
Our Services may include advertisements or promotional messages sponsored by third parties (collectively, “Ads”). The manufacturers, services providers, distributors and resellers of the products and services identified in the Ads are solely responsible for the accuracy of their Ads and the suitability, efficacy, safety and quality of such products or services. An Ad does not in any way constitute or imply our recommendation or endorsement of such product or service.
V. Warranties and Liabilities of Yondu.
5.1 Disclaimer of Warranties
We provide the Site and the Services “as is”, “with all faults” and “as available”. We make no express or implied warranties or guarantees about the contents of the Site. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the Services and the Site, including without limitation any warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the Services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of Content provided by users of the Site or any other data or Content provided or received through the Site. Except as expressly set forth herein, Yondu or www.yondu.com does not warrant that the Site or the Services will operate error-free, that loss of data will not occur, or that the Services, software or Site are free of computer viruses, contaminants or other harmful items.
5.2 Disclaimers and Limitations on Liability
We make no warranties about the Information Systems, software and functions made accessible through the Site or any other security associated with the transmission of sensitive information. We do not warrant that the services will be uninterrupted, error-free or without breaches of security and you agree that you are solely responsible for any and all acts or omissions taken or made in reliance on our services. We expressly disclaim any liability with respect to any injury caused by any user, or any damage suffered by any user, as a result of the actions or inactions of any other user. If you are dissatisfied with our Services or any Content thereof, your sole and exclusive remedy is to discontinue using and accessing our Services.
In no event shall we or any of our subsidiaries or affiliates, or our respective officers, directors, employees, agents, representatives, partners and licensors be liable for any special, indirect, consequential or exemplary damages, including, but not limited to, loss of profits or revenues, loss of use, loss of goodwill or loss of information, however caused and whether based on contract, warranty, negligence, strict liability or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages. You acknowledge that you may be waiving rights with respect to claims that are unknown or unsuspected.
Without limiting any of the other risks we have disclosed to you in these terms, you are solely responsible for your use of our Services, including any Content you submit to use and you expressly acknowledge and agree that your use and access to our Services and the Content contained therein, and any Sites linked through our Services and any data transmitted through our Services is at your sole risk. Accordingly, we do not assume any liability to you for or relating to any of your actions.
5.6 Disputes; Governing Law; Jurisdiction
VI. User Responsibilities
You are responsible for all use of the Site. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means.
Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to): copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials; remove any copyright, trademark or other proprietary rights notices contained in or on the Site or in or on any content or other material obtained via the Site; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site; reformat or frame any portion of the web pages that are part of the Site; or use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.
If any provision of these Terms is deemed invalid or unenforceable, then (a) that provision shall be construed to the extent necessary to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision, and (b) the remaining provisions shall remain in full force and effect.
Our failure at any time to require performance by you of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.
7.7 Remedies not Exclusive.
All remedies provided herein shall be cumulative not exclusive of any and all remedies at law or in equity. All rights not expressly granted herein are reserved to www.yondu.com and its licensors.