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Terms of Service
Effective Date: August 17th, 2007

 

Introduction

Welcome to CDUSIAN.com, An exclusive social network where members can stay in touch with friends and classmates, and meet your friend�s friends. By using the CDUSIAN service you accept and agree to be bound by the following terms and conditions (The �Term of Service�). Where applicable under law, these Terms constitute a �writing signed by you�.
We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Service at any time without further notice. Should there be changes, we will notify our members by posting the changes on this page and will indicate at the top of the page the Terms of Service�s effective date. You as a member is responsible for regularly reviewing these Terms of Service so that you will be aware of the changes.

 

Eligibility and Registration

You must be 16 years or older to use the CDUSIAN services. By registering with us, you represent and warrant that you are 16 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a CDUSIAN member As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

 

Member Conduct and Appropriate Content

The CDUSIAN Service is made available for your personal use and will not be use commercially. You may not also use the CDUSIAN service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the Philippines or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post, and display on the CDUSIAN Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does CDUSIAN have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the CDUSIAN Service.

 

Disclaimer of Warranties

CDUSIAN and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the CDUSIAN Service.

 

Condition for Use

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the CDUSIAN service.

 

Proprietary Rights

CDUSIAN.com does not claim any ownership rights in any Materials that you submit, post, or display on or through the CDUSIAN Services or on the CDUSIAN site. After submitting, posting or displaying Materials on or through the CDUSIAN Services or on the CDUSIAN site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the CDUSIAN Service, you hereby grant the administrator and owners of the site a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials (and all components or underlying works making up the Materials) solely on and through the CDUSIAN Service or any future projects connected with the network.

CDUSIAN and its affiliates and licensors own and retain all rights in the CDUSIAN site and Services, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the CDUSIAN Service by CDUSIAN Except as expressly authorized by CDUSIAN, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of CDUSIAN's proprietary information.

 

Privacy Policy

We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. We do not sell, circulate or give any information given, submitted and published by our members to anyone.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. CDUSIAN respects the intellectual property rights of others and will terminate any user�s access to the CDUSIAN site according to these terms of use if CDUSIAN is notified that such user�s activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement

 

Termination of the CDUSIAN Service

These Terms of Service will apply to your use of the CDUSIAN Service. At any time, you can terminate your account which will remove your profile and other personal information from view. To learn how to cancel your account click here. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the CDUSIAN Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

 

CDUSIAN may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the CDUSIAN Service, or any part thereof, with or without notice. You agree that any termination of access to the CDUSIAN Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that CDUSIAN may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the CDUSIAN Service. Where possible, CDUSIAN will use reasonable efforts to give Members fair notice of termination or suspension of their access to the CDUSIAN Service. Further you agree that CDUSIAN shall not be liable to you or any third party for any termination or suspension of access to the CDUSIAN Service or modification of the CDUSIAN Service.

 

Hold Harmless and Indemnity

You agree to hold harmless and indemnify, and at CDUSIAN�s request defend, CDUSIAN, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the CDUSIAN Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, CDUSIAN will provide you with written notice of such claim, suit or action.

 

Limitation of Liability

YOUR USE OF THE CDUSIAN SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL CDUSIAN, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, OWNER, ADMINISTRATOR AND EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE CDUSIAN SERVICE, WHETHER OR NOT CDUSIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CDUSIAN SERVICE, FROM INABILITY TO USE OUR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CDUSIAN SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE CDUSIAN SERVICE OR ANY PART OF THE CDUSIAN SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CDUSIAN SERVICE AND ITS RELATED WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL CDUSIAN BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE HUNDRED PESOS (PHP 100.00).