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SUBMISSIONS
AND PUBLIC FORUMS
This Site includes chat areas, message boards, e-mail
and other interactive functions ("Forums") which allow
feedback and submissions to Emerald headway and real-time
interaction between users. Only registered users who
have expressly indicated their agreement to these
Terms & Conditions may use any of this Forums. Registration
consists of identifying oneself, given a screen name
and password, and expressly indicating by means of
clicking on applicable box or boxes the user's acceptance
of these Terms & Conditions. Terms & Conditions directly
applicable to use of such Forums include the following:
1.) You understand that all
information, data, text, software, music, sound, photographs,
graphics, video, messages, communications or other
materials ("Content"), whether publicly posted or
privately transmitted, that you submit to any of the
Forums are your sole responsibility. This means that
you and not Emerald Headway, are entirely responsible
for all Content that you upload, post, e-mail or otherwise
transmit via the Forums.
2.) Emerald Headway does
not endorse or control the Content delivered to this
Site, and Emerald Headway has no obligation to monitor
such Content. As such, Emerald Headway Dist., Inc.
does not guarantee the accuracy, integrity or quality
of any such Content. However, reserves the right (but
not obligation) in its sole discretion to edit, refuse
to post or to delete any Content, in whole or in part,
that is in violation of these Terms & Conditions or
that it deems to be objectionable or unacceptable
for any reason whatsoever.
3.) Emerald Headway Dist., Inc. further reserves the
right at all times to preserve any Content or to disclose
any Content as necessary to (a) comply with legal
process; (b) enforce these Terms & Conditions; (c)
respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property,
or personal safety of Emerald Headway Dist., Inc.
its users and the public.
4.) You understand that by using the Site, including
its Forums, you maybe exposed to Content that is offensive,
indecent, or objectionable. Under no circumstances
will Emerald Headway Dist., Inc. be liable in any
way for any Content, including, but not limited to,
for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result
of the use of any Content posted, e-mailed or otherwise
transmitted via the Site, including its Forums.
5.) It is a condition of your access and use of this
Site that you do not:
- Restrict or inhibit any other
user from using and enjoying this Site;
- Harm minors in any way;
- Impersonate any person or entity,
including, but not limited to, an employee or representative
of Emerald Headway Distributors, Inc., or falsely
state or otherwise misrepresent your affiliation
with a person or entity:
- Forge headers or otherwise
manipulate identifiers in order to disguise the
origin of any Content transmitted by means of this
Site;
- Upload, post, e-mail or otherwise
distribute, publish or transmit on this Site any
Content that you do not have a right to transmit
under any law or under contractual or fiduciary
relationship (such as inside information, proprietary
and confidential information learned or disclosed
as part of employment relationship or under nondisclosure
agreements);
- Upload, post, e-mail or otherwise
distribute, publish or transmit on this Site any
unlawful, harmful, threatening, abusive, harassing,
invasive of another's privacy, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent
information of any kind, including without limitation
any transmission constituting or encouraging conduct
that would constitute a criminal offense, give rise
to civil liability or otherwise violate any national
or foreign law;
- Upload, post, email or otherwise
distribute, publish, or transmit on this Site any
information, software or other material which violates
or infringes upon the rights of others, including
material which is an invasion of privacy or publicity
rights or which is protected by patent, copyright,
trademark, trade secret or other proprietary right,
or derivative works with respect thereto, without
first obtaining permission from the owner or right
holder;
- Upload, post, email or otherwise
distribute, publish, or transmit on this Site any
information, software or other material which contain
a virus or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment, or any other harmful component; or
- Upload, post, email or otherwise
distribute, publish, or transmit on this Site or
in any way exploit any information, software or
other material for commercial purposes or which
contains any form of solicitation (including, but
not limited to, "junk mail," "spam," "chain letters,"
and "pyramid schemes"), advertising, promotion or
marketing goods or services;
- Disrupt the normal flow of
dialogue cause a screen to "scroll" faster than
other users of the site are able to type, or otherwise
act in a manner that negatively affects other users'
ability to engage in real time exchanges;
- Interfere with or disrupt the
Site or servers or networks serving the Site, or
disobey any requirements, procedures, policies or
regulation of networks connected to the Site;
- Intentionally or unintentionally
violate any applicable city, national or international
law, including, but not limited to, regulations
promulgate by the Philippines Securities and Exchange
Commission, any rules of any national or other securities
exchange, including, without limitation, the Philippine
Stock Exchange, and any regulation having the force
of law;
- "Stalk" or otherwise harass
another; or
- Collect or store personal data
about other users
6.)
By posting or submitting any materials (including
but not limited to any remarks, ideas, graphics, photos,
comments, product concepts, advertising concepts or
ideas, and suggestions for improving or changing existing
content) to this Site, you automatically grant (or
warrant that the owner of such rights has expressly
granted) to Emerald Headway Distributors, Inc. a royalty-free,
nonexclusive, perpetual and irrevocable right and
license to use, reproduce, modify, publish and distribute
such materials or incorporate such materials into
any form or technology now known or later developed,
and you waive any moral rights you may have in having
the material altered or changed in a manner not agreeable
to you.
7. You warrant that any materials you upload, post,
email, or otherwise distribute, publish or transmit
on this Site contains nothing that will give rise
to civil liability or otherwise violate any local,
state, national or foreign law, including nothing
that is harmful, threatening, abusive, harassing,
invasive of another's privacy or publicity rights,
defamatory, obscene, vulgar, pornographic, profane
or indecent, or that constitutes an infringement of
anyone's parent, copyright, trademark, trade secret
or other proprietary right, or derivative rights with
respect thereto.
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REGISTRATION/SUBSCRIPTION
As part of the registration process, you will select
a password and a subscriber ID. You also have to give
us certain registration information, all of which
must be accurate and updated.
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You must not (i) select or use a subscriber ID
of another person with the intent to impersonate
that person; (ii) use a subscriber ID in which
another person has rights without such person's
authorization; or (iii) use a subscriber ID that
Emerald Headway, in its sole discretion, deems
offensive. Failure to comply with foregoing shall
constitute a branch of this Agreement, which may
result I immediate termination of your account
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You shall responsible for maintaining the confidentiality
of your password, which you will not have to reveal
to any representative or agent of Emerald Headway.
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You shall notify Emerald Headway at feedback@emeraldheadway.com
of any known or suspected unauthorized use(s)
of your account, or any know or suspected breach
of security, including loss, theft, or unauthorized
disclosure of your password or credit card information.
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You may share your password or credit card information.
your Emerald Headwayonline.com account, including
use of the account by the third party authorized
by you to use your subscriber ID and password.
Any fraudulent, abusive, or otherwise illegal
activity may be grounds for termination of your
account, at Emerald Headway's sole discretion,
and Emerald Headway may refer you to appropriate
law enforcement agencies.
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