1. Acknowledgment and acceptance of Terms of Service.
E-Yellowpages (EYP) is owned and operated by Directories Philippines Corporation. EYP is provided to you (the "Member") under the terms and conditions of this EYP Terms of Service (the "ETS") and any operating rules or policies that may subsequently published or broadcasted by EYP. This ETS comprises the entire agreement between the Member and EYP. BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY EACH AND EVERY TERM AND CONDITION OF THIS ETS.
2. Description of service.
EYP is an online directory service for use in the Philippines, which is an electronic, and/or Internet version of the yellow pages telephone directory and is equipped with certain features that may make the search on businesses more meaningful and complete (hereinafter referred to as the "Service"). Upon registration, EYP will not charge the Member for the Service. The Member must provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web, and provide for its own access to the World Wide Web and pay any telephone service fees and/or Internet Service Provider fees associated with such access.
In consideration for the Service, the Member agrees to: (1) provide certain current, complete, and accurate information about the Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on the original Registration Form shall be referred to as business information ("Business Info"). Furthermore, the Member grants EYP the right to disclose to third parties certain Business Info about the Member and its membership.
If any information provided by the Member is in any way inaccurate, misleading or fraudulent, EYP reserves the right to terminate the Member's membership, its right to use the Service and/or its listing.
EYP is not liable for any inaccurate, misleading or fraudulent information updates on the Member's page. It is the responsibility of the business representative of the Member to secure the ID and password.
The Member acknowledges that any alteration and/or modification to its page cannot be made without both the username and password. Hence, the Member is conclusively presumed to have made such alteration and/or modification. The Member understands that EYP will not ask it to update its information. It is the responsibility of the Member to update its own information.
3. Modifications to Terms of Service.
EYP may unilaterally change the terms and conditions of this ETS from time to time. Upon any change in the terms and conditions of this ETS, EYP will notify the Member by posting the changes in the EYP website. After such change, a Member is considered bound by the same unless he notifies EYP that it wants to discontinue with the Service. The Member's continued use of the Service constitutes an acceptance of the modified ETS.
4. Modifications to service.
EYP reserves the right to modify or discontinue the Service with or without notice to the Member. EYP shall not be liable to the Member or any third party should EYP exercise its right to modify or discontinue the Service.
6. Member account (EYP ID), password, and security.
Once you become a Member of the Service, you shall own a business account, a username and a password. You are entirely responsible for maintaining the confidentiality of your password and business account, and for any and all activities, which occur, under your business account. The Member must immediately notify EYP of any unauthorized use of its account or any other breach of security known to the Member.
7. Disclaimer of warranties.
THE MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE MEMBER'S SOLE RISK. EYP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. EYP MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR ITS COMPLETENESS FOR ANY PARTICULAR PURPOSE. NEITHER DOES EYP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE AND/OR SOFTWARE WILL BE CORRECTED. NEITHER DOES EYP FILTER, CHECK, CORRECT AND/OR VERIFY ANY DATA PUT IN BY A MEMBER. THE MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE MEMBER'S OWN DISCRETION AND RISK AND THAT THE MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE MEMBER'S COMPUTER SYSTEM OR LOSS OR DAMAGE OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EYP MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NEITHER DOES EYP RECOMMEND OR ENDORSE GOODS OR SERVICES APPEARING IN THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE MEMBER FROM EYP OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of liability.
EYP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF THE MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF EYP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MEMBER ACKNOWLEDGES AND AGREES THAT EYP NEITHER ENDORSES THE CONTENTS OF ANY MEMBER'S COMMUNICATIONS NOR ASSUMES RESPONSIBILITY FOR ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED THEREIN, ANY INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM OR ANY CRIME OR ACTIONABLE CONDUCT FACILITATED THEREBY. THE MEMBER MAY ENTER INTO CORRESPONDENCE WITH OR PARTICIPATE IN PROMOTIONS OF THE ADVERTISERS SHOWING THEIR PRODUCTS ON THE SERVICE. ANY SUCH CORRESPONDENCE OR PROMOTIONS, INCLUDING THE DELIVERY OF AND THE PAYMENT FOR GOODS AND SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH CORRESPONDENCE OR PROMOTIONS, ARE SOLELY BETWEEN THE CORRESPONDING MEMBER AND THE ADVERTISER. THE ADVERSTING MEMBER GUARANTEES THAT IT HAS SECURED THE NECESSARY GOVERNMENTAL APPROVALS FOR SUCH ADVERTISEMENT. EYP ASSUMES NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR ANY PART OF ANY SUCH CORRESPONDENCE OR PROMOTION. EYP MAY NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE SERVICE BY THE MEMBER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Email message storage and other limitations.
EYP assumes no responsibility for the deletion of or failure to store email messages. The Member may send or receive an unlimited number of messages through the Service, but the storage of such messages shall be subject to an upper limit, which EYP shall publish from time to time.
10. Member conduct.
The Member is solely responsible for the contents of its transmissions through the Service. The Member hereby warrants that its use of the Service complies with all applicable local, national and international laws and regulations and agrees, among others; not to use the Service for illegal purposes; not to interfere or disrupt networks connected to the Service; and to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, the Member's conduct is subject to Internet regulations, policies and procedures. The Member will not use the Service for chain letters, junk mail, spamming, overloading the EYP System and/or network, or any use of distribution lists to any person who has not given specific permission to be included in such a process. The Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. The Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. The Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. EYP may, at its sole discretion, immediately terminate the Service should the Member's conduct fail to conform to these terms and conditions of the ETS.
The Member agrees to save, defend, indemnify and hold EYP, its parents, subsidiaries, affiliates, stockholders, directors, 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 Member's use of the Service, the violation of this ETS by the Member, or the infringement by the Member or other user of the Service using the Member's computer of any intellectual property or other right of any person or entity.
The Member or EYP may terminate the Service upon three (3) day prior notice. Should the Member object to any terms and conditions of the ETS or any subsequent modifications thereto or become dissatisfied with the Service in any way, the Member's recourse is limited to immediately discontinuing use of the Service, terminating its membership and notifying EYP of such termination. Upon termination of the Service, the Member's right to use the Service immediately ceases, and the Member understands that EYP shall have the unilateral right to either retain or delete files in the Member's account, page and/or bar any further access to such files or the Service.
EYP may broadcast notices or messages through the Service to inform Member of changes to the ETS, the Service, or other matters of importance; upon broadcast by EYP, the same shall be considered to have been received by and constitute notice to the Member.
14. Proprietary rights to content.
The Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to the Member by the Service ("Content") by EYP or EYP 's advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, the Member is only permitted to use this Content as expressly authorized by the Service or the advertiser. The Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
This ETS shall be governed by and construed in accordance with the laws of the Republic of the Philippines, excluding its conflict of law provisions. The Member and EYP agree to submit to the exclusive jurisdiction of the courts of the Republic of the Philippines. EYP 's failure to exercise or enforce any right or provision of the ETS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EYP in writing. The Member and EYP agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this ETS are solely used for the convenience of the parties and have no legal or contractual significance.