Terms of Service.
The provisions (“provisions”)herein provided govern the accessibility and usage of the subscriber (client) with respect to Explore Eastern Visayas website. Through the access and usage of this site(EEVW), you unconditionally agree to such terms and conclude a legally binding contract with Explore Eastern Visayas a web service provider (WSP) with office address at Brgy. Apitong, Tacloban City. Refrain from accessing or using EEVW if you do not wish to be bound by the Terms stated herein.
“You” and “your” refers to you, as a user of EEVW. A “user” is someone who accesses, browses, searches, crawls, or uses the Site for inquiries and information gathering. A “subscriber” is one who accesses, uploads, displays and advertise its products and services through an account in EEVW for the perusal of the users.”We,” “us,” and “our” refer to EEVW.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “User Content” means Content that the users submit or transmit to, through, or in connection with the Subscribers account such as ratings and reviews, displayed publicly or contents displayed in subscribers account profile. “Subscriber Content” means Content that subscribers submit or transmit to, through, or in connection with the Site. “Mtw content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than Mtw or its subscribers or users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including User Content, Subscriber Content, Third Party Content, and Mtw Content.
CHANGES TO THE TERMS OF SERVICE
Any provision of the Terms of Services may be changed by us from time to time. The most updated version of these Provisions will be located here. Subscribers understand and agree that access or use of the Site is governed by the provisions effective at the time of access to or use of the Site. If material changes to these Terms be made, subscribers will be notified by email or through a posting of a notice on the Site prior to the effective date of the changes. Subscribers should revisit these Provisions on a regular basis as revised versions will be binding on subscribers. Effectivity of modification will commence upon our posting of new Provisions. Subscribers understand and agree that continued access to or use of the Site after the effective date of modifications to the Provisions will mean acceptance of the modifications.
USING THE SITE
To access or use the Site, subscribers or users must be 18 years or older and have the requisite power and authority to enter into these Terms. Subscribers lose their eligibility to access or use of the Site if you are a competitor and have previously been banned from using the Site for reasons of unfair and obstructive practices .
Permission to Use the Site
We grant subscribers and users permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate to the subscriber or user.
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Subscribers must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. Subscribers will be responsible in maintaining the confidentiality of your account password including all activities that occur in connection with your account. Subscribers also agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any reason to protect the integrity of the Site and its subscribers/users.
Communications from MTW and other Users
By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other Users. You will also receive our weekly e-mail newsletter about happenings in your neighborhood. You can opt-out non-essential communications here.
Responsibility for Your Content
Subscribers are solely accountable for subscribers content, and once published, cannot always be withdrawn. Assumption of risks associated with content shall be borne by the subscriber including users’ reliance on its accuracy, credibility or reliability. or any disclosure of information in Your Content that makes you personally identifiable. It is presumed that subscribers own or are authorized representatives of the entities they represents in this site, or have the necessary permissions to use and authorize the use of Subscriber’s Content as described herein. Subscribers should not imply that Your Content is in any way sponsored or endorsed by MTW.
Subscribers may be held liable if subscribers Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Our Right to Use Your Content
Subscribers unconditionally grant to MTW the right to use its Content in any or all of the following manner: public display, reformat, incorporate in advertisements and other works, create derivative works, promotion, distribution. MTW at its discretion may also allow others to do the same in connection with their own websites and media platforms (“Other Media”). As such, Subscriber hereby irrevocably grant MTW world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Subscriber’s Content for any and all intents to market the marketability and feasibility of the Site and establish its integrity. The right to use of Subscriber’s Content also extends to the site users and other media. Finally, Subscriber irrevocably waive, and cause to be waived, against MTW and its users any claims and assertions of moral rights or attribution with respect to Subscriber’s Content. The term “use” in this provision is construed to mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Subscriber’s Content.
Subscriber has intrinsic ownership of Contents they have posted in the Site. MTW retains overall ownership of the Site Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site. Subscribers, Users and Third Party retains ownership of content posted in the Site notwithstanding the right to use granted to MTW. MTW also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the MTW Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, Subscribers and Users are prohibited by law to modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the MTW Content in whole or in part except as expressly authorized by MTW. Except as expressly and unambiguously provided herein, MTW do not grant Subscribers and users any express or implied rights, and all rights in and to the Site and the MTW Contents are retained by MTW.
MTW may publicly display advertisements and other information adjacent to or included with Subscriber’s Content. Subscribers are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to Subscribers.
MTW will make some of the Site Content (“Feed Content”) available via Real Simple Syndication and Atom feeds (“Feeds”). Subscribers and users may access and use the Feeds in order to display Feed Content on personal computer, website, or blog (“Your Site”), provided that (i) use of the Feeds is for personal, non-commercial purposes only, (ii) display of the Feed Content links back to the relevant pages on MTW’s websites, and attributes MTW as the source of the Feed Content, (iii) use or display of the Feed Content does not suggest that MTW promote or endorse any third party causes, ideas, websites, products or services, including Subscriber or User Site, (iv) do not redistribute the Feed Content, and (v) use of the Feeds does not overburden MTW’s system. MTW reserves all rights in the Feed Content and may terminate the Feeds at any time. Please select “Partnerships” in Contacts page to inquire about other possible uses of the Feeds.
User Content (including any that may have been created by users employed or contracted by MTW) does not necessarily reflect the opinion of MTW. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to user. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide User copies of user Content, nor do we guarantee any confidentiality with respect to User Content.
MTW is not obliged to enforce the provisions of another subscriber on behalf of a user or subscriber. However MTW encourage Subscribers and Users to inform us of your belief that another subscriber has violated the provisions of this agreement. MTW reserve the right to conduct an investigation and take appropriate action at our sole discretion.
Subscribers and Users agree not to, and will not assist, encourage, or enable others to use the Site to:
- violate MTW Content Guidelines,say, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with the Business Account the subscriber has registered and as expressly permitted by MTW;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
- engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third party website;
- solicit personal information from minors, or submit or transmit pornography; or
- violate any applicable law.
Subscribers and Users also agree not to, and will not assist, encourage, or enable others to:
– violate the Terms of the Site;
– Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by MTW;
– Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
– Reverse engineer any portion of the Site;
– Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
– Record, process, or mine information about other users;
– Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
– Reformat or frame any portion of the Site;
– Take any action that imposes, or may impose, in MTW’s sole discretion, an unreasonable or disproportionately large load on MTW’s technology infrastructure or otherwise make excessive traffic demands of the Site;
– Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
– Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
– Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
– Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to the Site or Site Content; or
– Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, Subscribers and Users agree not to act contrary to the Restrictions provisions (even if permissible under applicable law) without providing 30 days’ prior written notice to MTW, together with any information that MTW may reasonably require to provide alternative remedies or otherwise accommodate Subscribers and Users at the sole discretion of MTW.
GUIDELINES AND POLICIES
Subscribers and Users are assumed to have read and understood the Content Guidelines in using this SITE.
Copyright And Trademark Disputes
Please see provisions on Infringement Policy for information about copyright and trademark disputes.
Please see provisions on Event Terms and Conditions for information about events listed on or linked to on the Site. Subscribers and Users are assumed to have read and understood them.
SUGGESTIONS AND IMPROVEMENTS
By sending MTW any ideas, suggestions, documents or proposals (“Feedback”), Subscribers and Users agree that (i) Feedback does not contain the confidential or proprietary information of third parties, (ii) MTW is under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) MTW may have something similar to the Feedback already under consideration or in development, and (iv) Subscribers and/or Users grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and irrevocably waive, and cause to be waived, against MTW and its users any claims and assertions of any moral rights contained in such Feedback.
The Site may include links to other websites or applications (each, a “Third Party Site”). MTW do not control or endorse any Third Party Site. Subscribers and Users agree that MTW is not responsible for the availability or contents of such Third Party Sites. Use of Third Party Sites is at Subscribers and Users own risk.
Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures, including the ones posted here and incorporated herein by reference.
Subscribers and Users agree to hold MTW, its parents, subsidiaries, affiliates, related companies, suppliers, licensors and partners, and its officers, directors, employees, agents and representatives FREE from any indemnity or costs nor liabilities and legal fees from any claim or demand made by any third party arising out of or relating to
(i) access to or use of the Site,
(ii) violation of the Terms of the Site,
(iii) any products or services purchased or obtained in connection with the Site, or;
(iv) the infringement by Subscriber or User, or any third party using your account, of any intellectual property or other right of any person or entity.
MTW reserves the right to assume the exclusive defense and control of any matter for which Subscribers and Users are required to indemnify MTW. Subscribers and Users agree to cooperate with MTW defense of these claims at the expense of said Subscriber/User and agree not to settle any such matter without the prior written consent of MTW. MTW shall use diligent efforts to notify Subscriber/User concerned through emails or phone calls or messages of any such claim, action or proceeding upon becoming aware of it.
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DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE MTW ENTITIES TO SUBSCRIBERS AND USERS. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS THAT SUBSCRIBERS AND USERS MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF A SUBSCRIBER OR USER IS UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, A SUBSCRIBER OR USER REPRESENT TO HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. A SUBSCRIBER OR USER IS CONSTRUED TO HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE SITE IS MADE AVAILABLE TO A SUBSCRIBER OR USER ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE MTW MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, USE OF THE SITE IS AT THE SOLE DISCRETION AND RISK OF THE SUBSCRIBER OR USER. THE MTW MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, MTW IS NOT LIABLE TO ANYONE FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM SUBSCRIBER’S OR USER’S RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
THE MTW MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, THE MTW IS NOT LIABLE TO ANYONE FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES OF SUBSCRIBER’S CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF A SUBSCRIBER OR USER HAS A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT THE SOLE DISCRETION AND RISK OF SUBSCRIBERS AND USERS.
THE MTW EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO SUBSCRIBER OR USER BY A REPRESENTATIVE OF THE MTW SHALL CREATE A REPRESENTATION OR WARRANTY.
TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE SHALL CONSTITUTE SOLE AND EXCLUSIVE RIGHT AND REMEDY OF SUBSCRIBER AND USER IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES.
THE MTW MAXIMUM AGGREGATE LIABILITY FOR LOSSES OR DAMAGES SUFFERED BY A SUBSCRIBER OR USER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE MTW ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $____.
THE MTW DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
CHOICE OF LAW AND VENUE
Applicable laws in the Philippines will govern the Terms of this Site, as well as any claim, cause of action or dispute that might arise between Subscribers/Users and MTW (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, A SUBSCRIBER/USER AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS LOCATED WITHIN TACLOBAN CITY, PHILIPPINES.
MTW may close a Subscriber account, suspend its ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent a subscriber from accessing its account, the Site, its Content, Site Content, or any other related information.
In the event of any termination of these Terms by any party, Sections 1, 5, 6, 10 – 14 will continue in full force and effect, including MTW’s right to use the Subscriber’s Content as detailed in Section 5.
MTW reserves the right to modify, update, or discontinue the Site at its sole discretion, at any time, for any or no reason, and without notice or liability.
MTW may provide subscribers and users appropriate notices, including those regarding changes to the Terms by email, regular mail or communications through the Site. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between Subscribers/Users and MTW regarding the use of the Site supersede any prior agreement between the said parties. The parties likewise acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on the part of MTW to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by any Subscriber or User except with MTW’s prior written consent, but may be assigned or transferred by MTW without restriction. Any attempted assignment by a Subscriber or User shall violate these Terms and be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms, please contact us.