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Copyright/IP Policy and Terms Of Use
BY USING THIS SERVICE, YOU INDICATE YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE BIGFOOT ASIA PACIFIC FOUNDATION WEBSITE.
Copyright Notice
Copyright © 2006, Bigfoot Asia Pacific Foundation, Inc.
All rights reserved. Reproduction of any portion of this World Wide Web site or Bigfoot Asia Pacific Foundation, Inc. material is prohibited. Permission to use all documents and related graphics and any other material from this World Wide Web site is subject to these Terms and Conditions. The Bigfoot Asia Pacific Foundation, Inc. logo is a trademark of the Bigfoot Group of Companies..
Terms & Conditions
Welcome to the Bigfoot Asia Pacific Foundation, Inc. website. Please read this User Agreement carefully, including the Bigfoot Asia Pacific Foundation, Inc. Online Privacy Policy. By using the Bigfoot Asia Pacific Foundation, Inc. website, you agree to follow the rules set forth on these web pages. From time-to-time we may revise this User Agreement including its Online Privacy Policy. If we make material changes, we will post a notice on our home page that the User Agreement has been modified and provide a link to the revised User Agreement. When you continue to use the Bigfoot Asia Pacific Foundation, Inc. website after we post a change, you have agreed to the new rules. We may assign this Agreement in accordance with the sale of all or substantially all of its stock or membership interest or all or substantially all of its assets to a third party.
Online Privacy Statement
Please review our Online Privacy Policy, which is part of this User Agreement and describes how we handle any personally identifying information about Bigfoot Asia Pacific Foundation website users.
Intellectual Property
The Bigfoot Group of Companies owns or licenses the copyright in all the materials on the Bigfoot Asia Pacific Foundation, Inc. website, including text, graphics, logos, button icons, audio clips, photographs, and software, and those rights are protected by United States and international copyright laws and other intellectual property laws.
Each User acknowledges that the Bigfoot Group of Companies has copyrighted the contents of the Bigfoot Asia Pacific Foundation, Inc. website as a compilation copyright and that reproductions, redistribution or publication of such content is prohibited without the express written consent. Further, each User acknowledges that the Site may include or contain material of the Bigfoot Group of Companies or third parties protected by copyright, trademark or other laws and that the use or reproduction thereof without express consent shall be prosecuted to the fullest extent of the law.
All trademarks on the Bigfoot Asia Pacific Foundation, Inc. website (collectively "Trademarks") are trademarks of the Bigfoot Group of Companies or third party licensors in the United States and other countries. You may not use the Trademarks for any product or service without consent of the owner of such trademarks nor use in any manner that is likely to cause confusion about whether we are the source, affiliated with, sponsor of or endorser of any product or service. In addition, you may not use the Trademarks in any manner that disparages or discredits the trademark owner.
License and Site Access
Bigfoot Asia Pacific Foundation, Inc grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bigfoot Asia Pacific Foundation, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Bigfoot Group of Companies. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Bigfoot Asia Pacific Foundation, Inc. website and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Bigfoot Asia Pacific Foundation, Inc. website or any of the Bigfoot Group of Companies’ names or trademarks without the express written consent of the Bigfoot Group of Companies. Any unauthorized use terminates the permission or license granted by the Bigfoot Group of Companies. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Bigfoot Asia Pacific Foundation, Inc. website so long as the link does not portray Bigfoot Asia Pacific Foundation, Inc. website, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Bigfoot Asia Pacific Foundation, Inc. website or any of the Bigfoot Group of Companies’ logo or other proprietary graphic or trademark as part of the link without express written permission.
Links to Other Web Sites
The Bigfoot Asia Pacific Foundation, Inc. website may contain links to other. We have no control over these other sites or their content. Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should read carefully.
Risk of Loss
All items purchased from the Bigfoot Asia Pacific Foundation, Inc. website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Description
The Bigfoot Group of Companies and its affiliates attempt to be as accurate as possible. However, the Bigfoot Group of Companies does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered on the Bigfoot Asia Pacific Foundation, Inc. website is not as described, your sole remedy is to return it in unused condition.
Disclaimers and Limitation of Liability
THE BIGFOOT ASIA PACIFIC FOUNDATION, INC. WEBSITE IS PROVIDED BY THE BIGFOOT GROUP OF COMPANIES ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE BIGFOOT GROUP OF COMPANIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BIGFOOT GROUP OF COMPANIES DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIGFOOT ASIA PACIFIC FOUNDATION, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE BIGFOOT GROUP OF COMPANIES ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE FEATURES. THE BIGFOOT GROUP OF COMPANIES IS NOT LIABLE IN ANY MANNER WHATSOEVER FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN THE SITE, NOR FOR ANY CLAIM, LOSS OR INJURY THAT RESULTS FROM YOUR USE OF THE SITE, ANY SITE THAT LINKS FROM THIS WEBSITE OR YOUR BREACH OF ANY PROVISION OF THIS USER AGREEMENT. THE BIGFOOT GROUP OF COMPANIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
Each User hereby indemnifies the owners and operators of the Bigfoot Asia Pacific Foundation, Inc. website, its subsidiaries, affiliates, employees, agents, and representatives and each of its licensors and service providers against any and all liabilities, expenses (including attorney's fees) and damages relating to use of information provided by such User, any violation of this Agreement or any other policy, rule or conditions of use posted on the Site by User or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties.
Governing Law
This User Agreement is governed by the laws of the Republic of the Philippines applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the courts of Republic of the Philippines and waive any jurisdictional, venue or inconvenient forum objections to such courts. You further agree that in the event of any claim, lawsuit or proceeding relating to this Agreement or the Website, the prevailing party shall be awarded costs and fees (including reasonable attorney’s fees).
Disputes
Any dispute relating in any way to your visit to the Bigfoot Asia Pacific Foundation, Inc. website or to products you purchase through the Bigfoot Asia Pacific Foundation, Inc. website shall be submitted to confidential arbitration in Republic of the Philippines except that, to the extent you have in any manner violated or threatened to violate the Bigfoot Group of Companies’ intellectual property rights, the Bigfoot Group of Companies may seek injunctive or other appropriate relief as necessary, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing in Republic of the Philippines. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Modification of Agreement
This Agreement (and any agreement, rule, or policy relating to the Bigfoot Group of Companies’ Services) may be modified by the Bigfoot Group of Companies at any time by publication through the Site. This Agreement may only be amended by the Bigfoot Group of Companies. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH MODIFICATIONS. USER SHALL BE DEEMED TO HAVE ACCEPTED SUCH MODIFICATIONS BY CONTINUING TO USE THE SITE A AFTER SUCH MODIFICATIONS HAVE BEEN POSTED.
Headings
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. |
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