Terms
and Conditions
In using this website, you agree to be bound by the terms and conditions (the
"Terms") set out below. If you do not agree to the Terms then you may
not use this website.
Any services which we make available to you on or via the website and/or the
Community may be subject to additional terms and conditions (the
"Additional Terms") which are in addition to and may supplement or
amend these Terms and which you will be required to accept when using this
website and/or the Community.
1.
Definitions: "Website"
means www.ecosan.ph "Community" means the web based advocacy network
coordinated by PEN secretariat. "You/Your"
means you, the user of this Website. "User Information" refers to
information provided by you via the Website and/or the Community.
"We/Us/Our" means PEN and Community who provides this Website.
2. Membership
2.1
You warrant, represent and undertake that the User Information which You
provided in Your account information is true, accurate, current and complete in
all respects and You agree to notify Us as soon as possible of any changes to
the User Information by amending Your User Information online by accessing the
'Account Management' option in the members area of the Website.
2.2
Username and password are assigned during registration. You are responsible for
maintaining the confidentiality of the username and password and are fully
responsible for all activities, which occur under them during Your use of the Website.
2.3
You agree to notify info@ecosan.ph immediately of any unauthorized use of Your username or password or any other breach of security of
which You become aware.
2.4
We reserve the right to decline any application from You
to subscribe to the Website and/or the Community in Our sole discretion.
2.5
You agree not to impersonate any other person or to use a false name or a name
that You are not authorized to use.
3. Your use of the Website
3.1
Your use of the Website carries with it no rights in relation to copyright,
trademarks or other intellectual property rights of Ours.
Your use of the Website and the Community is governed by these Terms and any
Additional Terms to which You have agreed, regardless
of whether such use is in connection with or otherwise related to Your use of
the Website or the Community.
3.2
All right, title, and interest (including all copyrights and other intellectual
property rights) in the Website and the Community as between You
and Us belong to Us. You acquire no proprietary interest in the Website or the
Community. You may not remove or obscure the copyright notice or other notices
contained in the Website or Community or anything retrieved or downloaded from
the Website or Community.
3.4
You acknowledge that by posting any materials on the Website You grant to Us and Our licensors and assigns an irrevocable, perpetual
and royalty-free licence to use the materials within
the Website and in any other manner. The licence
extends to copying, distributing, broadcasting and otherwise transmitting,
adapting and editing such materials. We may use such materials in our sole
discretion and may remove them from the Website at any time without notice to You.
3.5
By posting any materials on the site You grant to PEN a
license in respect of such Material on the same terms as those set out in
Clause 3.4.
4.
Your Obligations
4.1
You agree that You will only use the Website and the
Community in a manner that is consistent with these Terms and any Additional
Terms and in such a way as to ensure compliance with all applicable laws and
regulations (including without limitation, Your local law).
4.2
You agree that You will not, in respect of the Website
and the Community:
4.2.1 post material which is offensive, derogatory or
defamatory in nature, or which may, in Our judgement,
cause annoyance, inconvenience or anxiety to any person;
4.2.2 post material which is obscene or pornographic in
nature;
4.2.3post material containing profanity, vulgarity, hate
speech, or threats of violence;
4.2.4make repetitive postings or perform other actions,
which may interfere with the operation of the Website and/or the Community;
4.2.5post contact or personal information about any other
individual without the permission of that individual;
4.2.6post material without the permission of the owner of
that material;
4.2.7send e-mail or postal correspondence to any other user
of the Website or Community after being requested to stop doing so by that
user;
4.2.8use any computer code, program or routine to extract
or to attempt to extract any part of the database comprising all postings of
the Website and/or Community;
4.2.9post any material containing any virus or other
computer programming routine, which may damage or interfere with the Website
and/or Community;
4.2.10
use the Website and/or Community in such a way that You cause the whole or part
of the Website and/or Community to be interrupted, damaged, rendered less
efficient or in any way impaired;
4.2.11refuse to follow a reasonable instruction or direction
from Us.
5. Our Obligations to You and Limitations on Liability
5.1
We cannot guarantee that the Website and/or the Community will always be fully
operational or error free and so We do not accept responsibility for any
defects that may exist or for any costs, loss of profits, loss of data or
consequential losses arising from Your use of or inability to access the
Website and/or the Community.
5.2
We make no warranty that the Website and/or the Community will meet Your
requirements or will be uninterrupted, timely, secure or error-free, that
defects will be corrected, or that the site or the server that makes it
available are free of viruses or bugs or represents the full functionality,
accuracy, reliability of the materials or as to results or the accuracy of any
information obtained by You through the Website and/or the Community.
5.3
Whilst We take reasonable precautions to ensure that
any downloads We make available will be virus free We do not warrant that any
downloads will be virus free and will not cause interruptions with Your
computer systems.
5.4
We do not review, assess or endorse any of the material submitted to Us and/or posted on the Website or the Community including
the accuracy or reliability of any text, information, data, photographs,
graphics, advertisements, promotions, representations, statements or other
material whatsoever.
5.5
We exclude, to the fullest extent permitted by applicable laws, and save in
respect of death or personal injury arising from Our
negligence, all liability for any claims, losses, demands and damages arising
directly or indirectly out of or in any way connected with the Website or the
Community. This exclusion shall apply in respect of, without limitation, any
interruption of service, lost profits, loss of contracts or business
opportunity, loss of data, or any other consequential, incidental, special, or
punitive damages, even if We have been advised of the possibility of such
damages, whether arising in contract, tort, under statute or otherwise.
5.6
We may provide links to other Websites or resources and may post, accept the
posting of or make available content provided by third parties ("Third
Party Content") whether or not that Third Party Content is hosted within
the Community. We do not accept responsibility for the Third Party Content and
do not and cannot be deemed to have endorsed any Third Party Content. In
particular, You acknowledge that We will not be party to any transaction or
contract with a third party that You may enter into and that We shall have no
liability to You in respect of any such transaction, whether arising in
contract, tort, under statute or otherwise. You undertake that You will not involve Us in any dispute between Yourselves
and the third party.
5.7
We will at all times comply with Our privacy policy
(see below).
6.
Our Rights
6.1
We reserve the right to:
6.1.1deny or suspend Your access to the Website and/or the
Community or any part thereof if Your use of the Website and/or Community or
that part is deemed by Us abusive, excessive, or against the interests of other
users or in breach of these Terms;
6.1.2
modify or withdraw, temporarily or permanently, the Website and/or the
Community (or any part thereof) with or without notice to You and You confirm
that We shall not be liable to You or any third party for any modification to
or withdrawal of the Website or the Community;
6.1.3change these Terms from time to time, and Your
continued use of the Website and/or the Community (or any part thereof)
following such change shall be deemed to be Your acceptance of such change. It
is Your responsibility to check regularly to determine
whether the Terms have been changed. If You do not
agree to any change to the Terms then You must immediately stop using the
Website and/or the Community; and/or
6.1.4 refuse to place any content or material provided
by You onto the Website and/or the Community in Our sole discretion and to
remove any content or material from the Website and/or the Community once
uploaded in Our sole discretion.
7.
GENERAL
7.1
If any part of the Terms shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from the
Terms and shall not affect the validity and enforceability of any of the
remaining provisions of the Terms.
7.2
No waiver by Us shall be construed as a waiver of any
proceeding or succeeding breach of any provision.
7.3
Each provision of the Terms shall be construed as separately applying and
surviving even if for any reason one or other of those provisions is held to be
inapplicable or unenforceable in any circumstances.
7.4
The Terms (as amended from time to time) contain the entire agreement between
the parties relating to the subject matter covered and supersedes any previous
agreements, arrangements, undertakings or proposals, written or oral, between
the parties in relation to such matters. No oral explanation or oral
information given by any party shall alter the interpretation of the Terms. You
confirm that, in agreeing to accept the Terms, You have not relied on any
representation save insofar as the same has expressly been made a
representation in the Terms and You agree that You shall have no remedy in
respect of any misrepresentation which has not become a term of the Terms save
that Your agreement shall not apply in respect of any fraudulent or negligent
misrepresentation whether or not such has become a term of the Terms.
8.
LAW
The
Terms shall be governed by and construed in accordance with the laws of the