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1. General.
1.1 This Agreement governs your use of the Virtual-Fairs.com
online information service (the "Service"), which
is operated by the Virtual-Fairs.com Corporation. In addition
to the agreement set forth below, terms and conditions of
use applicable to specific areas of the Service may also be
posted in such areas and, together with this agreement, govern
your use of those areas. This agreement together with any
such additional terms and conditions, are referred to as this
"Agreement."
1.2 Virtual-Fairs.com reserves the right, in its discretion,
to change or modify all or any part of this Agreement at any
time, effective immediately upon notice published on the Service.
Your continued use of the Service constitutes your binding
acceptance of these terms and conditions, including any changes
or modifications made by Virtual-Fairs.com as permitted above.
If at any time the terms and conditions of this Agreement
are no longer acceptable to you, you should immediately cease
all use of the Service.
2. Use of Content.
2.1 You acknowledge that the Service contains information,
software, photographs, audio and video clips, graphics, and
other material (collectively, the "Content") that
are protected by copyright, trademark or other proprietary
rights of Virtual-Fairs.com or third parties. All Content
on the Service is copyrighted as a collective work of Virtual-Fairs.Com
pursuant to applicable copyright law. You agree to comply
with any additional copyright notices, information, or restrictions
contained in any Content available on or accessed through
the Service. Users of the Service may use the Content only
for their personal, noncommercial use.
2.2 You may not modify, publish, transmit, transfer
or sell, reproduce, create derivative works from, distribute,
perform, display, or in any way exploit any of the Content,
in whole or in part, except as otherwise expressly permitted
in this Agreement. Content consisting of downloadable software
may not be reverse engineered unless specifically authorized
by the owner of the software's patent and/or copyright. You
may post on the Service any Content owned by you (such as
your original statements, video etc.), Content for which you
have received express permission from the owner and Content
in the public domain. You assume all risk and responsibility
for determining whether any Content is in the public domain.
You grant to Virtual-Fairs.com the right to edit, copy, publish,
distribute, translate and otherwise use in any medium and
for any purpose any Content that you place on the Service.
You represent and warrant that you are authorized to grant
all rights given in the preceding sentence.
2.3 You may download or copy the Content only for your
own personal use, provided that you maintain all copyright
and other notices contained in such Content. You shall not
store electronically any significant portion of any Content
for more than 7 days. Except as expressly permitted by the
copyright laws, no copying, storage, redistribution or publication
of any Content is permitted without the express permission
of Virtual-Fairs.com or the owners of such Content or their
authorized persons, if other than Virtual-Fairs.com. You may
download from the Service any Content in the public domain
for your own personal use or for non-commercial redistribution.
3. Rules of Conduct. You shall not post on the Service
any Content which (a) is libelous, defamatory, obscene, pornographic,
abusive, harassing or threatening, (b) contains viruses or
other contaminating or destructive features, (c) violates
the rights of others, such as Content which infringes any
copyright, trademark, patent, trade secret or violates any
right of privacy or publicity, or (d) otherwise violates any
applicable law. You may not post on the Service any links
to any External Sites (defined in section 5.2) that are obscene
or pornographic. You shall not use the Service for any commercial
purpose, to distribute any advertising or solicitation of
funds or goods and services or to solicit users to join or
use competitive online services.
4. Managing Content. Virtual-Fairs.com does not and
cannot review the Content posted by users on the Service and
is not responsible for such Content. However, Virtual-Fairs.com
reserves the right to delete, move or edit any Content that
comes to the attention of Virtual-Fairs.com which it determines,
in its sole discretion, violates this Agreement or is otherwise
unacceptable. You shall remain solely responsible for all
Content posted by you. Virtual-Fairs.com shall have the right,
but not the obligation, to correct any errors or omissions
in any Content, as it may determine in its sole discretion.
5. No Endorsement.
5.1 Virtual-Fairs.com does not represent or endorse
the accuracy or reliability of any Content posted on any Interactive
Area and you acknowledge that any reliance upon such Content
shall be at your sole risk. Any Content placed on any Interactive
Area by users are the views of the user posting the statement,
and do not necessarily represent the views of Virtual-Fairs.com.
5.2 The Service may contain links to sites on the Internet
which are owned and operated by third parties (the "External
Sites"). You acknowledge that Virtual-Fairs.com is not
responsible for the availability of, or the content located
on or through, any External Site. You should contact the site
administrator or Webmaster for those External Sites if you
have any concerns regarding such links or the content located
on such External Sites.
6. Indemnity. You agree to indemnify, defend and hold
Virtual-Fairs.com, its affiliates, and their respective officers,
directors, owners, agents, information providers and licensors
(collectively, the "Virtual-Fairs.com Parties")
harmless from and against any and all liability, losses, costs
and expenses (including attorneys' fees) incurred by any Virtual-Fairs.com
Party in connection with any claim arising out of any use
or alleged use of your password or online persona by any person,
whether or not authorized by you. Virtual-Fairs.com reserves
the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with Virtual-Fairs.com's
defense of such claim.
7. Termination of Service. Virtual-Fairs.com reserves
the right, in its sole discretion, to restrict, suspend or
terminate your access to all or any part of the Service at
any time for any reason without prior notice or liability.
Virtual-Fairs.com may change, suspend or discontinue all or
any aspect of the Service at any time, including the availability
of any feature, database, or content (including the Interactive
Areas), without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER Virtual-Fairs.com NOR ANY PROVIDER OF THIRD
PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES Virtual-Fairs.com,
ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS
MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE
OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT
ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS.
NONE OF Virtual-Fairs.com, THIRD PARTY CONTENT PROVIDERS AND
THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY
CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE.
NEITHER Virtual-Fairs.com NOR ANY THIRD PARTY CONTENT PROVIDER
WARRANTS THAT ANY FILES THAT MAY BE DOWNOADED THROUGH THE
SERVICE WILL BE FREE OF VIRUSES OR OTHER CONTAMINATING OR
DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND
THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY
BY YOU.
8.2 NEITHER Virtual-Fairs.com, ANY THIRD PARTY CONTENT
PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU. IN SUCH STATES, THE LIABILITY OF Virtual-Fairs.com,
THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Miscellaneous. This Agreement shall be construed
in accordance with the laws of the Republic of the Philippines,
and the parties irrevocably consent to bring any action to
enforce this Agreement in the regional trial courts located
in MakatiCity. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof,
and supersedes all previous written or oral agreements between
the parties with respect to such subject matter. If any inconsistency
exists between the terms of this agreement and any additional
terms and conditions posted n the Service, such terms shall
be interpreted as to eliminate any inconsistency, if possible,
and otherwise, the additional terms and conditions shall control.
This Agreement may not be amended except in writing signed
by both parties and no waiver by either party shall be deemed
a waiver of any preceding or subsequent breach or default.
Sections 1, 2, 6, 8 and 9 shall survive any termination of
this Agreement and any other provisions which by their terms
or sense are intended to survive.
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