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1. ACCEPTANCE OF TERMS
AMA Education System
provides its service to you, subject to the
following Terms of Service which may be updated by
us from time to time without notice to you. In
addition, when using particular AMA Education System
owned or operated services, you and AMA Education
System shall be subject to any posted guidelines or
rules applicable to such services which may be
posted from time to time.
2. DESCRIPTION OF
SERVICE
AMA Education System
provides users with access to a rich collection of
resources, including various communications tools,
forums, shopping services, search services,
personalized content and branded programming through
its network of properties which may be accessed
through any various medium or device now known or
hereafter developed (the "Service"). You also
understand and agree that the Service may include
advertisements and that these advertisements are
necessary for AMA Education System to provide the
Service. You also understand and agree that the
Service may include certain communications from AMA
Education System, such as service announcements,
administrative messages and the AMA Education System
Newsletter, and that these communications are
considered part of AMA Education System membership
and you will not be able to opt out of receiving
them. You understand and agree that the Service is
provided "AS-IS" and that AMA Education System
assumes no responsibility for the timeliness,
deletion, 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. YOUR 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 Republic 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 AMA Education System has
reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete,
AMA Education System 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). When you create a AMA Education System
Alumni Member Account
4. AMA EDUCATION
SYSTEM PRIVACY POLICY
Registration Data and
certain other information about you is subject to
our Privacy Policy. You understand that through your
use of the Service you consent to the collection and
use (as set forth in the Privacy Policy) of this
information, including the transfer of this
information to the Republic of the Philippines
and/or other countries for storage, processing, and
use by AMA Education System and its affiliates.
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 AMA
Education System 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. AMA Education System cannot
and will not be liable for any loss or damage
arising from your failure to comply with this
Section.
6. MEMBER CONDUCT
You understand that
all information, data, text, software, music, sound,
tographs, graphics, video, 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 AMA Education System,
are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make
available via the Service. AMA Education System 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 AMA Education System 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,
defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including,
but not limited to, a AMA Education System official,
forum leader, guide or host, or falsely state 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);
6. upload, post, email, transmit or otherwise
make available any Content that infringes any
patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise
make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas
(such as shopping rooms) that are designated for
such purpose .
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. 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;
10. intentionally or unintentionally violate any
applicable local, state, national or international
law, including, but not limited to, regulations
promulgated by the REPUBLIC OF THE PHILIPPINES
Securities and Exchange Commission.
11. provide material support or resources (or to
conceal or disguise the nature, location, source, or
ownership of material support or resources) to any
organization(s) designated by the Republic of the
Philippines government as a foreign terrorist
organization.
12. "stalk" or otherwise harass another; and/or
13. collect or store personal data about other
users in connection with the prohibited conduct and
activities set forth in paragraphs a through n
above.
You acknowledge that
AMA Education System may or may not pre-screen
Content, but that AMA Education System and its
designees shall have the right (but not the
obligation) in their sole discretion to pre-screen,
refuse, or move any Content that is available via
the Service. Without limiting the foregoing, AMA
Education System and its designees shall have the
right to remove any Content that violates the TERMS
OF SERVICE 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 AMA Education System or submitted to AMA
Education System, including without limitation
information in AMA Education System Message Boards,
and in all other parts of the Service.
You acknowledge,
consent and agree that AMA Education System 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
TERMS OF SERVICE ; (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 AMA Education System, 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 AMA
Education System 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 Republic of the
Philippines or the country in which you reside.
8. CONTENT SUBMITTED
OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
AMA Education System
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 AMA Education System the
following world-wide, royalty free and non-exclusive
license(s), as applicable:
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With respect to Content you submit or make
available for inclusion on publicly accessible
areas of AMA Education System Groups, the
license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display
such Content on the Service solely for the
purposes of providing and promoting the specific
AMA Education System Group to which such Content
was submitted or made available. This license
exists only for as long as you elect to continue
to include such Content on the Service and will
terminate at the time you remove or AMA
Education System removes such Content from the
Service.
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With respect to the Terms of Service , graphics,
audio or video you submit or make available for
inclusion on publicly accessible area of the
Service other than AMA Education System Groups,
the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly
display such Content on the Service solely for
the purpose for which such Content was submitted
or made available. This license exists only for
as long as you elect to continue to include such
Content on the Service and will terminate at the
time you remove or AMA Education System removes
such Content from the Service.
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With respect to Content other than the Terms of
Service , graphics, audio or video you submit or
make available for inclusion on publicly
accessible areas of the Service other than AMA
Education System Groups, the perpetual,
irrevocable and fully 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 AMA
Education System network of properties that are
intended by AMA Education System to be available to
the general public. By way of example, publicly
accessible areas of the Service would include AMA
Education System Message Boards and portions of AMA
Education System Groups, Terms of Service that are
open to both members and visitors. However, publicly
accessible areas of the Service would not include
portions of AMA Education System Groups that are
limited to members, AMA Education System services
intended for private communication such as AMA
Education System Mail, or areas off of the AMA
Education System network of properties such as
portions of World Wide Web sites that are accessible
through via hypertext or other links but are not
hosted or served by AMA Education System.
9. INDEMNITY
You agree to indemnify
and hold AMA Education System, 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
TERMS OF SERVICE , or your violation of any rights
of another.
10. 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 AMA Education System
I.D.), use of the Service, or access to the Service.
11. MODIFICATIONS TO
SERVICE
AMA Education System
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 AMA Education
System shall not be liable to you or to any third
party for any modification, suspension or
discontinuance of the Service.
12. TERMINATION
You agree that AMA
Education System may, under certain circumstances
and without prior notice, immediately terminate
your AMA Education System account, 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 TERMS OF
SERVICE 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, (f)
extended periods of inactivity, (g) you have engaged
in fraudulent or illegal activities, and/or (h)
nonpayment of any fees owed by you in connection
with the Services. Termination of your AMA Education
System account includes (a) removal of access to all
offerings within the Service, including but not
limited to AMA Education System Mail, Groups,
Message Boards, (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 AMA Education System's
sole discretion and that AMA Education System shall
not be liable to you or any third-party for any
termination of your account, or access to the
Service.
13. 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 AMA Education System
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.
14. LINKS
The Service may
provide, or third parties may provide, links to
other World Wide Web sites or resources. Because AMA
Education System has no control over such sites and
resources, you acknowledge and agree that AMA
Education System 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
AMA Education System 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.
15. AMA EDUCATION
SYSTEM'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 AMA Education System 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.
16. DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. AMA EDUCATION SYSTEM 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.
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AMA EDUCATION SYSTEM 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.
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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.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM AMA EDUCATION
SYSTEM OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TERMS OF SERVICE .
17. LIMITATION OF
LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT AMA EDUCATION SYSTEM 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 AMA EDUCATION SYSTEM 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.
18. NO THIRD PARTY
BENEFICIARIES
You agree that, except
as otherwise expressly provided in this TERMS OF
SERVICE , there shall be no third party
beneficiaries to this Agreement.
19. NOTICE
AMA Education System
may provide you with notices, including those
regarding changes to the TERMS OF SERVICE , by
either email, regular mail, or postings on the
Service.
20. TRADEMARK
INFORMATION
The AMA EDUCATION
SYSTEM, AMA Education System logo, trademarks and
service marks and other AMA Education System logos
and product and service names are trademarks of AMA
Education System Inc. Without AMA Education System's
prior permission, you agree not to display or use in
any manner, the AMA Education System Marks.
21. NOTICE AND
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT
AMA Education System
respects the intellectual property of others, and we
ask our users to do the same. AMA Education System
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 AMA Education System's
Copyright Legal Agent the following information:
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an electronic or physical signature of the
person authorized to act on behalf of the owner
of the copyright or other intellectual property
interest;
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a description of the copyrighted work or other
intellectual property that you claim has been
infringed;
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a description of where the material that you
claim is infringing is located on the site;
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your address, contact number, and email address;
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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;
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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.
AMA Education System's
Legal Agent for copyright or other intellectual
property infringement can be reached as follows:
By Postal Mail :
AMA Education
System
Legal Department
59 Panay Avenue,
Quezon City
Republic of the
Philippines
22. GENERAL
INFORMATION
Entire Agreement.
The TERMS OF SERVICE constitutes the entire
agreement between you and AMA Education System and
governs your use of the Service, superseding any
prior agreements between you and AMA Education
System with respect to the Service. You also may be
subject to additional terms and conditions that may
apply when you use or purchase certain other AMA
Education System services, affiliate services,
third-party content, or third-party software.
Choice of Law and
Forum. The TERMS OF SERVICE and the
relationship between you and AMA Education System
shall be governed by the laws of the Republic of the
Philippines without regard to its conflict of law
provisions. You and AMA Education System agree to
submit to the personal and exclusive jurisdiction of
the courts located within the QUEZON CITY, METRO
MANILA.
Waiver and
Severability of Terms. The failure of AMA
Education System to exercise or enforce any right or
provision of the TERMS OF SERVICE shall not
constitute a waiver of such right or provision. If
any provision of the TERMS OF SERVICE 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 TERMS OF SERVICE remain in full
force and effect.
The section titles in
the TERMS OF SERVICE are for convenience only and
have no legal or contractual effect.
26. VIOLATIONS
Please report any violations of the TERMS OF
SERVICE to our Legal Department.
By Postal Mail :
AMA Education System
Legal Department
59 Panay Avenue, Quezon City
Republic of the Philippines |
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