- Accepting the Terms of Service
Please read these Terms and our Community Guidelines (collectively, the "Agreement") carefully before using ebayanihan.ateneo.edu (the "Site") and/or the other domains, websites, applications, mobile applications, email notifications, buttons, widgets, ads, services, and/or Content provided by eBayahinan (all of those collectively with the Site, the "Services"). By using or accessing the Services, you ("Subscriber" or "you") agree to be bound by all the terms and conditions of this Agreement.
If you don’t agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services. You may use the Services only if you can form a binding contract with eBayanihan and are not a person barred from receiving services under the laws of the Republic of the Philippines or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, national, and international laws, rules and regulations.
- Modifications to this Agreement
eBayanihan reserves the right to modify this Agreement by: (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services (such as through a notification on your eBayanihan profile or in our mobile applications). Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
- Use of the Services
The Services change frequently, and their form and functionality may change without prior notice to you. eBayanihan retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice.
- Registration, eBayanihan profiles, and Security
As a condition to using certain of the Services, you may be required to create an account (an "Account") and select a password. You agree to provide eBayanihan with accurate, complete, and updated registration information, particularly your email address. You may also, for purposes of creating an account on eBayanihan, use your Facebook and/or Twitter account/s. If and when you do, however, you will be prompted to login first to your Facebook and/or Twitter account to verify that the account you are registering with is indeed yours.
It's really important that the email address associated with your eBayanihan account is accurate and up-to-date. If you ever forget your password – or worse, fall victim to a malicious phishing attack – a working email address is often the only way for us to recover your account.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify eBayanihan immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. eBayanihan cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
- Privacy
For information about how eBayanihan collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Services, you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the Philippines and/or other countries for storage, processing, and use by eBayanihan and the eBayanihan Affiliates.
- Content and Subscriber Content
Definitions:
For purposes of this Agreement: (1) the term "Content" means an informative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "Subscriber Content" means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content.
Your Rights in Subscriber Content:
Subscribers retain ownership and/or other applicable rights in Subscriber Content, and eBayanihan and/or third parties retain ownership and/or other applicable rights in all Content other than Subscriber Content. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
Under no circumstances will eBayanihan be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services or broadcast elsewhere.
eBayanihan also retains the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Subscriber Content License to eBayanihan:
When you provide Subscriber Content to eBayanihan through the Services, you grant eBayanihan a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Subscriber Content. The rights you grant in this license are for the limited purposes of allowing eBayanihan to operate the Services in accordance with their functionality, improve the Services, and develop new Services. Such additional uses by eBayanihan, or other companies, organizations or individuals who partner with eBayanihan, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. eBayanihan may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
When you upload your Content to eBayanihan, you’re giving us permission to make them available in all the ways you would expect us to (for example, via your blog, RSS, the eBayanihan Dashboard, etc.). We never want to do anything with your work that surprises you.
Note also that this license to your Subscriber Content continues even if you stop using the Services, primarily because of the social nature of Content shared through eBayanihan’s Services - when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that can’t later be erased without retroactively censoring the speech of others.You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. eBayanihan will not be responsible or liable for any use of your Content by eBayanihan in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
One thing you should consider before posting: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it.
eBayanihan gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by eBayanihan as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by eBayanihan, in the manner permitted by these Terms. You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, eBayanihan will also terminate a user’s account if the user is determined to be a repeat infringer.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Compliance with Community Guidelines:
You agree that you won't violate eBayanihan's Community Guidelines. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of eBayanihan, its users and the public.
You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, eBayanihan’s computer systems, or the technical delivery systems of eBayanihan’s providers; (b) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by eBayanihan (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with eBayanihan; (d) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (e) interfere with, or disrupt (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
- Use of Trademarks
Any use of eBayanihan's trademarks, branding, logos, and other such assets in connection with the Services shall use eBayanihan’s approved branding and shall be in accordance with the eBayanihan Trademark Guidelines and will remain the exclusive property of eBayanihan and its licensors. The Services are protected by copyright, trademark, and other laws of both the Republic of the Philippines and foreign countries. Nothing in the Terms gives you a right to use the eBayanihan name or any of the eBayanihan trademarks, logos, domain names, and other distinctive brand features unless otherwise stated in the Trademark Guidelines.
- Warranty Disclaimer; Services Available on an "AS IS" Basis
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, EBAYANIHAN AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. eBayanihan makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) cause any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content (d) be free from errors or that defects will be corrected, or (e) be free of viruses or other harmful components. eBayanihan also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from eBayanihan or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the eBayanihan Affiliates are not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the eBayanihan Affiliates of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- Time Limitation on Claims and Releases From Liability
You further release, to the fullest extent permitted by law, eBayanihan and its employees, parents, subsidiaries, affiliates, related companies, officers, representatives, partners, licensors, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, eBayanihan (the “eBayanihan Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
- Disputes between Subscribers, including those between you and other Subscribers.
The acts of third parties generally (i.e., individuals or entities who are not eBayanihan or eBayanihan Affiliates), including third party sites and services.
- Disputes concerning any use of or action taken using your Account by you or a third party.
Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EBAYANIHAN AND THE EBAYANIHAN AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT; OR (F) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EBAYANIHAN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
- Miscellaneous
This Agreement, as modified from time to time, constitutes the entire agreement between you and eBayanihan with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with eBayanihan's prior written consent. eBayanihan may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind eBayanihan in any respect whatsoever.
- General Terms
- Waiver and Severability
The failure of eBayanihan to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
- Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Republic of the Philippines without regard to or application of its conflict of law provisions or your state or country of residence.
- Entire Agreement
These Terms, the eBayanihan Rules and our Privacy Policy are the entire and exclusive agreement between eBayanihan and you regarding the Services(excluding any services for which you have a separate agreement with eBayanihan that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between eBayanihan and you regarding the Services. Other than members of the group of companies of which eBayanihan is the parent, no other person or company will be third party beneficiaries to the Terms.
- Ending These Terms
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Community Guidelines, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
