FILAMCONNECT.COM Terms of Service Agreement
Last updated on August 16, 2008.

This Terms of Use Agreement sets forth the standards of use of the FILAMCONNECT.COM Online Service. By using the FILAMCONNECT.COM website you, the user, agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the FILAMCONNECT.COM website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

  1. Description of Service

    FILAMCONNECT.COM provides you, the user, with listings of events, restaurants, businesses, associations, churches, books, movies, YouTube videos, and other items related to Filipino and Filipino-American culture. FILAMCONNECT.COM allows you to view reviews of these items that have been posted by other users. If you register as a member of FILAMCONNECT.COM, you will also be able to post your own reviews. Not all items are available for review. FILAMCONNECT.COM also allows members to post their own professional profile and photos for public viewing and networking purposes. Member registration is free and is detailed below.

  2. Eligibility

    You must be at least 18 years of age use FILAMCONNECT.COM. FILAMCONNECT.COM is intended for users residing within the United States.

  3. Registration and Security.

    In order to use or access some of the services on FILAMCONNECT.COM, such as posting your profile, posting reviews, and communicating with other members, you are required to register as a member of FILAMCONNECT.COM. FILAMCONNECT.COM uses the phrases "register as a member" and "create an account" interchangeably. To register as a member, you must provide your first and last name, a valid email address, password, display name, and your zip code. Failure to provide accurate and updated registration information constitutes a breach of these Terms of Service, which may result in termination of your account. For example, you may not: (1) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (2) use as a display name a name subject to any rights of a person other than yourself without appropriate authorization. FILAMCONNECT.COM reserves the right to refuse registration of, or cancel an account in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your unique display name and password. In the event of a lost password, a temporary password provided to you, upon request, for your access to an account-requiring service of FILAMCONNECT.COM; it shall be for your personal use only. You must (1) immediately notify FILAMCONNECT.COM of any unauthorized use of your email or password, and (2) ensure that you log out of your account at the end of each session.

  4. Disclaimers

    • This site is provided by FILAMCONNECT.COM on an "as is" and on an "as available" basis. Information displayed on the website has either been provided by the Vendors or collected from publicly available sources. While FILAMCONNECT.COM makes every effort to ensure that the information on this website is accurate, FILAMCONNECT.COM, to the fullest extent permitted by applicable law, makes no representations or warranties of any kind, express or implied, regarding the results or any other information displayed on this web site in terms of its correctness, accuracy, reliability, or otherwise. You, the user, are strongly encouraged when obtaining information from FILAMCONNECT.COM on a particular Fil-Am event or restaurant, for example, to confirm the accuracy of that information by contacting the vendor directly or verifying that information with other sources.

    • FILAMCONNECT.COM makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

    • FILAMCONNECT.COM does not control the Content posted by third parties, including the content of any messages or reviews by users, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using FILAMCONNECT.COM you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FILAMCONNECT.COM be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via FILAMCONNECT. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.

    • FILAMCONNECT.COM also does not control the content of the GoogleAds displayed on its webpages. The GoogleAd function script embedded in the webpage HTML code automatically generates Ads on the basis of the content that is featured on the particular webpage. However, the Ad results occasionally demonstrate little to no relevance to the webpage content. Thus, FILAMCONNECT is not responsible for the Ads that are displayed, and by using FILAMCONNECT.COM you understand that you may be exposed to offensive, indecent or objectionable content originating within the Google Ad bars.

    • FILAMCONNECT.COM shall have no liability for any interruptions in the use of this Website. FILAMCONNECT.COM disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

    • Your communications or dealings with any of the businesses, advertisers, or users on the site, are solely between you and such businesses, advertisers, and users. FILAMCONNECT.COM is not responsible, and disclaims all liability, for any loss or damage arising out of any such communications or dealings. FILAMCONNECT.COM reserves the right (but has no obligation) to monitor disputes between you and such businesses, advertisers, and users.

    • Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.

  5. Restrictions on Rights to Use

    You agree that you will not (and will not allow others to):
    • collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other FILAMCONNECT.COM users or members;
    • create user accounts by automated means or under false or fraudulent pretenses;
    • create or transmit unwanted electronic communications such as "spam" to other users or members of FILAMCONNECT.COM otherwise interfere with other user's or member's enjoyment of FILAMCONNECT.COM;
    • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
    • use of FILAMCONNECT.COM to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
    • collect or store personal data about other users in connection with the prohibited activities described in this paragraph

  6. Content Posted By You on FILAMCONNECT.COM

    • You are solely responsible for any Content and other material that you submit, publish or display on the FILAMCONNECT.COM or transmit to other members and/or other website users.
    • You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
    • You may not provide any Posted Content that falsely express or imply that such Content or material is sponsored or endorsed by FILAMCONNECT.COM.
    • You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
    • You understand and agree that FILAMCONNECT.COM may review and delete any business listings (including business name, address, phone, fax, distance, reviews, rating) or other Posted Content that in the sole judgment of FILAMCONNECT.COM violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the FILAMCONNECT.COM Site and/or other website users.
    • You are solely responsible for your ratings and reviews of restaurants, businesses, books, and videos listed on FILAMCONNECT.COM. FILAMCONNECT.COM reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
    • You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.

    The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through FILAMCONNECT.COM. FILAMCONNECT.COM reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from FILAMCONNECT.COM and terminating the membership of such violators or blocking your use of the FILAMCONNECT.COM. You may not post Content that:

    • is false or intentionally misleading;
    • is patently offensive to users of the FILAMCONNECT.COM, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • involves the transmission of unsolicited mass mailing or "spamming";
    • violates the intellectual property or other rights of any person;
    • promotes illegal activities or conduct that is abusive;
    • is threatening, obscene, defamatory or libelous;
    • is pornographic or sexually explicit in nature; and
    • seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

  7. Limitation of Liability

    FILAMCONNECT.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FILAMCONNECT.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

  8. Indemnification

    The user agrees to indemnify and hold FILAMCONNECT.COM, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of The user's use of the Service, the violation of this Agreement, or infringement by The user, or other user of the Service using The user's computer, of any intellectual property or any other right of any person or entity.

  9. Modifications and Interruption to Service

    FILAMCONNECT.COM reserves the right to modify or discontinue the Service with or without notice to the user. FILAMCONNECT.COM shall not be liable to the user or any third party should FILAMCONNECT.COM exercise its right to modify or discontinue the Service. The user acknowledges and accepts that FILAMCONNECT.COM does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  10. Third-Party Sites

    Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all the users to review said privacy policies of third-parties' sites.

  11. Governing Jurisdiction of the Courts California

    Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.

  12. Compliance with Laws.

    The user assumes all knowledge of applicable law and is responsible for compliance with any such laws. The user may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. The user 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, state, national, or international law or regulation.

  13. Copyright and Trademark Information

    All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2008 FILAMCONNECT.COM, with all rights reserved, or is the property of FILAMCONNECT.COM and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of FILAMCONNECT.COM is strictly prohibited. The users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of FILAMCONNECT.COM. FILAMCONNECT.COM's trademarks may not be used in connection with any product or service that is not provided by FILAMCONNECT.COM, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FILAMCONNECT.COM. All other trademarks displayed on FILAMCONNECT.COM's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with FILAMCONNECT.COM.

  14. Botnets

    FILAMCONNECT.COM retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, FILAMCONNECT.COM reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

  15. Other Terms

    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by FILAMCONNECT.COM, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

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