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1. ACCEPTANCE OF TERMS Kagayhaan.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By using this site, you agree to these terms and conditions. In addition, when using particular services, you shall be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules (including but not limited to our Privacy Policy) are hereby incorporated by reference into the TOS. 2. DESCRIPTION OF SERVICE Kagayhaan.com currently provides users with access to a collection of resources, including, reading and submitting of classified advertisements, various communications tools, forums, email subscriptions, and search services through its Web sites (hereinafter, the "Service"). You also understand and agree that the Service may include advertisements, which are necessary for us to provide the Service. You also understand and agree that the Service may include certain communications from us, such as service announcements, administrative messages, and our newsletter, and that these communications are considered part of using the service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Web sites, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Kagayhaan.com assumes no responsibility for the timeliness, deletion, mis-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 fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. 3. DUTIES OF THE USER By using the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's form or by staff of Kagayhaan.com when in the normal course of their duties and (b) maintain and promptly update the the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is so, we have the right to suspend or terminate your access to the service and refuse any and all current or future use of the Service (or any portion thereof). 4. PRIVACY POLICY Your information is subject to our Privacy Policy. For more information, see our full privacy policy at <a href="http://www.kagayhaan.com/?q=node/1">Privacy</a>. 5. PASSWORD SECURITY For access to some areas of the Service, you may receive a password and account designation. 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 us 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. Kagayhaan.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. 6. USER CONDUCT You understand that all information, data, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Kagayhaan.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. While Kagayhaan.com does offer marginal control over some of the Content posted via the Service, much of the content is not controlled and, as such, Kagayhaan.com does not guarantee the accuracy, integrity or quality of any Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will we 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: 1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; that includes personal or identifying information about another person without that person's explicit consent; that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; 2. harm minors in any way; 3. impersonate any person or entity, including, but not limited to, a Kagayhaan.com staff, sponsors, or advertisers, or otherwise misrepresent your affiliation with a person or entity; 4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 5. upload, post, email, transmit or otherwise make available 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; 6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or affiliate marketing. 7. advertise any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated in the Philippines; 8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9. repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; 10. attempt to gain unauthorized access to Kagayhaan.com computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or our websites; 1l. 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; 12. contact anyone who has asked not to be contacted; 13. "stalk" or otherwise harass another; 14. collect or store personal data about other users; 15. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service -- exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org). You acknowledge that Kagayhaan.com may or may not pre-screen Content, but that Kagayhaan.com shall have the right (but not the obligation) in their sole discretion to pre-screen, move, edit, or refuse any Content that is available via the Service. Without limiting the foregoing, Kagayhaan.com 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 or made available by Kagayhaan.com or submitted to us, including without limitation information found in all parts of the Service. You acknowledge, consent and agree that we may access, collect, preserve, analyze and disclose your account information and Content. 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 Kagayhaan.com and/or content providers who provide content to the Service. You agree not to 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. INDEMNITY You agree to indemnify and hold Kagayhaan.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, 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. 8. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that Kagayhaan.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained or made available by the Service, the maximum number of messages that may be sent from or received by a user on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our 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 Kagayhaan.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that we reserve the right to modify these general practices and limits from time to time. 9. MODIFICATIONS OF SERVICE Kagayhaan.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. 10. TERMINATION You agree that Kagayhaan.com may, under certain circumstances and without prior notice, immediately terminate your use of the Service, any associated email address, 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, (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 use includes (a) removal of access to all offerings within the Service, including but not limited to ad posting, message boards, alerts, (b) deletion of your password and all related 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 our sole discretion and that we shall not be liable to you or any third-party for any termination of your use or access to the Service. 11. Dealings with Advertisers Your correspondence or business dealings with, or participation in promotions of, advertisers, businesses, and individuals 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, business, or individual. You agree that Kagayhaan.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. 12. Links to External Content The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are 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 Kagayhaan.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. 13. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KAGAYHAAN.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 AND NON-INFRINGEMENT. 2. KAGAYHAAN.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. 3. 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. 4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USA4SALE NETWORKS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 14. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT KAGAYHAAN.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 USA4SALE NETWORKS 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. 15. 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. 16. 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. 17. NOTICE Kagayhaan.com may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service. 18. GENERAL INFORMATION Entire Agreement. The TOS constitute the entire agreement between you and Kagayhaan.com and govern your use of the Service, superseding any prior agreements between you and Kagayhaan.com. Waiver and Severability of Terms. The failure of Kagayhaan.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. 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. 19. VIOLATIONS Please report any violations of the TOS by sending email to contact@kagayhaan.com.
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