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  1. ACCEPTANCE OF TERMS
  2. Welcome to IMPinoy!

    IMPinoy adheres to the following Terms of Usage (TOU), which may be updated periodically without any prior notice. When using this service, you and IMPinoy shall be subject to guidelines applicable to such services, which will be incorporated by reference into the TOU.

  3. DESCRIPTION OF SERVICE
  4. IMPinoy provides its users with messaging services which may be accessed through the Internet (the “Service”). You understand and agree that the Service may include advertisements which are needed in order to provide the Service. You also understand and agree that the Service may include communications from IMPinoy and/or its other related services such as, but not limited to, service announcements and messages from the administrator. Unless otherwise stated, any new features or modifications to the Service shall be subject to the TOU. IMPinoy is not responsible for the timeliness, deletion, mis-delivery, failure or content of any messages sent to or from the Service. You are responsible for obtaining access to the Service and for any fees that may be incurred with relation to that access, such as to the Internet service provider. In addition, you must provide and be responsible for all equipment necessary to access the Service.

  5. YOUR REGISTRATION OBLIGATIONS
  6. In using the Service, you represent that you are of legal age and of sound mind to form a binding contract and are not barred from receiving messaging services under Philippine laws or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information as needed in the All Access registration process (the "Registration Data") and (b) update the Registration Data as needed to keep it true, accurate, current and complete. If you provide any information that violates the aforementioned conditions, or IMPinoy has reasonable grounds to suspect that your registration data is neither true nor accurate nor current nor complete, IMPinoy reserves the right to suspend or terminate your account and to refuse any and all current or future use of the Service (or any portion thereof).

    It is your responsibility to guide minors under your care about the correct and proper use of the Service or to determine which of its features is appropriate for their use.

  7. PRIVACY POLICY
  8. All the information you submit to us is subject to our Privacy Policy, which can be seen in full at www.allaccess.com.ph. By using this Service, you understand and agree to the collection and use of this information by IMPinoy and its affiliates.

  9. MEMBER ACCOUNT, PASSWORD AND SECURITY
  10. You are responsible for choosing your username, which will be approved upon successful completion of the All Access registration process, provided that it has not been assigned to someone else. You are also responsible for choosing your password. You are responsible for keeping all your account details confidential and for all the activities that will perform using your account. It is your duty to immediately notify IMPinoy of any unauthorized use of your account and to report any breach of security. It is your duty to make sure that you properly log-out at the end of each session. IMPinoy will not be liable for any failure to comply with these provisions.

  11. MEMBER CONDUCT
  12. You understand that all information, data, text, messages, tags, or other materials ("Content") transmitted through the Service are the sole responsibility of the person from whom such Content originated. IMPinoy does not control the Content exchanged via the Service and does not guarantee the accuracy of any message received. By using the Service, you may receive Content that is offensive, objectionable or questionable and for which IMPinoy is neither liable nor responsible.

    You agree not to use the Service to:

    1. transmit or make available any Content that falls under this classification:
      1. unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      2. confidential, proprietary or prohibited information as expressed in a non-disclosure agreement, or any unauthorized information;
      3. unsolicited or unauthorized for advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose (for example in shopping);
      4. 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;
      5. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
    2. harm minors in any way;
    3. impersonate any person or entities or misrepresent your affiliation with them;
    4. falsely copy headers and layout in order to disguise the origin of any Content transmitted through the Service;
    5. disrupt the normal flow of communication that affects the ability of other users to engage in real time exchanges
    6. interfere with or disrupt the Service or its servers or networks, or disobey any requirements, procedures, policies or regulations governing the use of the Service;
    7. intentionally or unintentionally violate any applicable local, state, national or international law;
    8. harass other parties using the Service
    9. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.

    IMPinoy is not obliged to pre-screen, refuse or remove any Content that is available via the Service but it reserves the right to do so. You must evaluate and bear all risks associated with the use of any Content and acknowledge that you may not relay on any Content created by IMPinoy or its members.

    You acknowledge and agree to IMPinoy disclosure of account information and Content if required to do so by law or in a good faith and if such disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (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 IMPinoy, its users and the general public interest.

    You understand that the technical aspect and transmission of the Service, including your Content, may involve (a) transmissions over different networks in the Internet; and (b) modifications to conform to technical requirements of connecting networks or devices.

    You understand that the Service and software embodied within the Service may include security components that requires digital materials to be encrypted, and that use of these materials is subject to usage rules set by IMPinoy 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. It is strictly prohibited that you reproduce, publish, distribute or publicly exhibit the materials provided on the Service.

  13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
  14. You agree to comply with all local rules regarding Internet usage and acceptable online Content. You agree to comply with all applicable laws regarding the transmission of technical data to and from the Philippines.

  15. SUGGESTED INFORMATION OR IDEAS TO IMPINOY
  16. By submitting ideas, suggestions, documents, and/or proposals to IMPinoy through its feedback system or through the feedback system of any of its affiliates and services, you acknowledge and agree that these information are not confidential and proprietary in nature.

  17. INDEMNITY
  18. You agree to indemnify and hold IMPinoy and its affiliates, officers, agents, employees, partners and licensors free from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from the Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.

  19. NO RESALE OF SERVICE
  20. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your IMPinoy ID), use of the Service, or access to the Service.

  21. GENERAL PRACTICES REGARDING USE
  22. You acknowledge that IMPinoy may establish general practices and limits which will affect the use of the Service and that it has the right to modify these from time to time without prior notice.

  23. MODIFICATIONS TO SERVICE
  24. At any time, IMPinoy reserves the right to change, modify or discontinue, either temporarily or permanently, the Service (or any part thereof) with or without prior notice. You agree that IMPinoy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  25. TERMINATION
  26. You agree that IMPinoy may, under certain circumstances and without prior notice, immediately terminate your IMPinoy account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to the following:

    1. breaches or violations of the TOU or other incorporated agreements;
    2. as requested by law enforcement or other government agencies;
    3. your personal request to delete account;
    4. discontinuance or Service modification, partially or in totality;
    5. unexpected breach of technical security;
    6. extended periods of inactivity of your account;
    7. fraudulent or illegal activities you have performed; and/or
    8. nonpayment of any fees owed by you in connection with the Services.

    Upon termination of your IMPinoy account, you shall not have access to all offerings and use of the Service; and your account including username & password and other related information shall be deleted. You further agree that all terminations for cause shall be made in IMPinoy’s sole discretion and that IMPinoy shall not be liable to you or any third party for such action.

  27. DEALINGS WITH ADVERTISERS
  28. IMPinoy will not be liable or responsible for any business dealings that you may undertake with any advertiser found on or through the Service.

  29. LINKS
  30. IMPinoy has no control over any sites or resources that may be provided in the Service. You acknowledge that IMPinoy is not responsible for the availability of external resources and does not endorse any Content or materials on or available from such sites.

  31. IMPINOY’S PROPRIETARY RIGHTS
  32. You acknowledge and agree that the Service and all applicable Software used in connection with the Service 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 by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except if stipulated by applicable law or authorized by IMPinoy or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, partially or in totality.

  33. DISCLAIMER OF WARRANTIES
  34. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. THE SERVICE AND CONTENT OFFERED ON IMPINOY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IMPINOY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. IMPINOY MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR DESIRED REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS; (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 CONTENT PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. IMPINOY SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY SATEED IN THE TOU, WHETHER ORAL OR WRITTEND, OBTAINED BY YOU FROM IMPINOY OR THROUGH OR FROM THE SERVICE.
  35. LIMITATION OF LIABILITY
  36. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IMPINOY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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 IMPINOY 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.

  37. EXCLUSIONS AND LIMITATIONS
  38. 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 MENTIONED LIMITATIONS IN THE PREVIOUS PROVISON MAY NOT APPLY TO YOU.

  39. NOTICE
  40. IMPinoy may provide you with notices including by but not limited to email, regular mail, SMS, or other reasonable means now known or hereinafter developed.

  41. TRADEMARK INFORMATION
  42. The IMPinoy, IMPinoy logo, PeP Talk, PeP Talk logo trademarks and service marks and other IMPinoy logos and product and service names are trademarks of GMA New Media, Inc. You agree not to use these trademarks nor logos without IMPinoy’s prior written approval.

  43. COPYRIGHT POLICY
  44. IMPinoy respects the intellectual property of others, and we encourage our users to do the same. IMPinoy may 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 or intellectual property infringement, please provide IMPinoy's through its feedback form for the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. a description of the copyrighted work that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the IMPinoy messaging service;
    4. your address, telephone number, and email address;
    5. a written statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  45. GENERAL INFORMATION
  46. Entire Agreement. The TOU is an agreement between you and IMPinoy and it governs your use of the Service, superseding any prior agreements between you and IMPinoy with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use related IMPinoy services, affiliate services, third-party content or third-party software.

    Choice of Law and Forum. The TOU and the relationship between you and IMPinoy shall be governed by the laws of the Philippines without regard to its conflict of law provisions.

    Waiver and Severability of Terms. The failure of IMPinoy to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect.

    No Right of Survivorship and Non-Transferability. You agree that your IMPinoy account is non-transferable and any rights to your IMPinoy ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

    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 TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the TOU are for convenience only and have no legal or contractual effect.

  47. VIOLATIONS
  48. Please report any violations of the TOU to our group.

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