1. Your Acceptance
- These terms of service (“Terms of Service”) are a binding legal agreement between you and Gang IT Ventures Inc. (“Us”), regarding your use of the following Funny.ph and any products or services available from the above-mentioned website. Please read these Terms of Service carefully. By accessing or in using the website, you acquiesce to (1) these Terms of Service, and (2) the Site Guidelines incorporated in the website by reference. In case you are not comfortable or you are unable to agree with any of these terms or the Site Guidelines, you have the option not to access or use the website.
- Please do note that we have the sole discretion to modify or revise the Terms of Service and Site Guidelines at any time. Although while we may attempt to notify you when major changes are made to these Terms of Service, once you visit and use the website, you undertake to review any updates on the Terms of Service. With this undertaking, you agree to be bound by such modifications or revisions when you access the website. However, there is nothing in this Agreement that should be deemed to confer any third-party rights or benefits.
2. The website
- These Terms of Service apply to all users of the website, including contributors of picture content, information, and other materials or services on the website.
3. General Use of the website — Permissions and Restrictions
We hereby grant you revocable, non-transferable, and non-exclusive permission to access and use the website as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the website, including but not limited to Content and User Submissions (each as defined below), without our prior written authorization.
- You agree not to alter or modify any part of the website, including but not limited to our technologies.
- You agree not to use the website for any commercial use, without our prior written authorization. Prohibited commercial uses include, but are not limited to, any of the following actions taken without our express approval:
- Sale of access to the website or Content or services on another or other website/s;
- Use of the website or Content or services for the purpose of gaining advertising or subscription revenue;
- The sale of advertising, on the website or any third-party website, targeted to the content of specific User Submissions or the website’ Content;
- Any use of the website or their Content or services that we find, in our sole discretion, to use the resources or User Submissions with the effect of competing with or displacing the market for the website, its Content, or its User Submissions.
- You agree not to use or launch any automated system, including, but not limited to, “robots,” “spiders,” or “offline readers,” that access the website in any manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant operators of public search engines permission to use “spiders” to copy materials from the website for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not as to create caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes or for any other purpose whatsoever, any users of the website with respect to their User Submissions.
- You will otherwise comply with the terms and conditions of these Terms of Service, Site Guidelines, and all applicable local, national, and international laws and regulations.
- You agree not to impersonate any person or organization.
- You agree not to harass any other user.
- We reserve the right to discontinue any aspect of the website at any time.
4. Your Use of Content on the Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the texts, software/s, scripts, graphics, photos, sounds, music, pictures, interactive features and the like (the “Content”) on the website.
- The Content on the website, save for all User Submissions, including without limitation, the trademarks, service marks and logos (collectively, the “Marks”) contained therein, are owned by, or licensed to, us, subject to or in conformity with copyright and other intellectual property rights under pertinent and applicable laws, whether local, national or international application. The Content is provided to you on an AS IS basis for your general information and personal use only. In light of this, the Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent or that of the respective owners of such contents, marks and such other intellectual properties licensed to us. Furthermore, we reserve all rights, including those not expressly granted in and/or to the website and their Content/s.
- You may access User Submissions solely:
- For your information and personal use in accordance with these Terms of Service; and
- As intended through the normal functionality/purpose of the website.
- You may be allowed access, however, to the Content, User Submissions and other content only as may permitted under this Term of Use.
- You agree to not engage in the use, copying, reproduction, transmission, broadcast, selling, licensing, downloading, or otherwise exploiting any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the website for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
- You understand that when using the website, you will be exposed to User Submissions from various sources, and that we are not responsible for their accuracy, usefulness, efficacy, safety, or the possible infringement of intellectual property rights of, or relating to, such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, the owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
5. Your User Submissions and Conduct
- You may submit picture content (“User Pictures”) and textual content (“User Comments”) to us. User Pictures and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection therewith, you affirm, represent, and/or warrant that you own the copyright or, in applicable cases, have all the necessary licenses, rights, consents, and permissions to use the same, including the posting and/or publication thereof in the website. And in posting and/or publishing said User Submissions, you thereby authorize us to use, or enable us to include and use the same in manners contemplated by the Website/s and these Terms of Service, such rights, including, but not limited to all patent/s, trademark/s, trade secret/s, copyright/s or other intellectual properties or proprietary rights granted to you by law or licenses, rights, consents and permissions granted to you by the owners thereof.
- For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to us, you hereby grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions, including without limitation for promoting and redistributing part or all of the Website and derivative works thereof in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality/purposes of the website and under these Terms of Service.
- In connection with User Submissions, you further agree that you will not submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein.
- You agree that your conduct on the Website will comport with the Site Guidelines which may be updated from time to time.
- We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we undertake to remove all Content and User Submissions if properly notified that such Content and/or User Submission infringe/s on another’s intellectual property rights. We reserve the right to remove Content and User Submissions without prior notice and for whatever purpose/s we deem appropriate for such actions.
- If you provide feedback to us regarding the website, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback, or any portion/s thereof, without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback or any portion/s thereof for any and all purpose/s.
6. Termination Policy
- You may terminate your use of the Website at any time. We may suspend or terminate your access to the website or terminate these Terms of Service, at any time, for any reason. If we suspect that you have violated any provision of these Terms of Service, we may, at our option, also seek any other available legal remedy to protect our rights. Your rights and/or privileges under these Terms of Service will terminate automatically if you breach any part of these Terms of Service. You remain solely liable for all obligations related to use of the website, even after you have stopped using the website.
- We reserve the right to solely determine whether or not Content or User Submission is appropriate or complies with these Terms of Service and such determination is FINAL.
- For violations other than copyright infringement and intellectual property laws, whether of local, nation or international applicability, such as, but not limited to, posting and/or publication of obscene or defamatory material/s, we reserve the exclusive right to impose such measures we find appropriate under the circumstances, including the removal of such User Submissions and/or termination of the User’s access to our Website/s for uploading such material/s in violation of these Terms of Service. We reserve the right to make such determinations at any time, without prior notice and at its sole discretion. In such cases, our determination is FINAL.
7. Notification on Infringement of Copyright
- If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, please do not hesitate to submit to us a Notification of Infringement, which shall contain the following, to wit:
- A physical or electronic signature of the owner of the exclusive right that is allegedly infringed or the person authorized to act on behalf of the owner of said right;
- Identification of the copyrighted work or intellectual property claimed to have been infringed and the Website/s where such alleged infringed work had been posted or publicized, or, if multiple copyrighted works at a single online site are covered by a single Notification of Infringement, a complete list of such works;
- Identification of the material or activity alleged to have infringed upon your right that you seek to be removed or access to which is to be disabled; as well as reasonably sufficient information to permit us to locate the same material or activity;
- Reasonably sufficient contact information, such as name, address, telephone number, and e-mail address so as to allow us to immediately contact you for verification of your Notice of Infringement;
- A statement that you have a good faith belief that the use of the material or activity in the manner complained of is not authorized by the copyright owner, its agent, or the law, backed up by document/s evidencing such right/s that have allegedly been infringed; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on such infringement, whether for yourself or on behalf of the owner of an exclusive right that is allegedly infringed.
- For such infringement, please contact us.
- Counter-Notice. If you believe that your User Submission that was removed or access to which was temporarily and/or permanently disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to wit:
- Your physical or electronic signature;
- Identification of the content or contents that has or have been removed or to which access has or have been disabled and the location at which the User Submission appeared before it was removed or disabled;
- A statement that you have a good faith belief that the User Submission was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the appropriate court of justice in San Juan City, Metro Manila, Philippines and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by us, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
- Repeat Infringers. We will terminate the access privileges of any user who repeatedly infringes the copyright rights of others.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE/S SHALL BE AT YOUR SOLE RISK. THE WEBSITE/S, CONTENT/S, AND USER SUBMISSIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND BY US, OUR MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/S AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE/S’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THESE website AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING, TO WIT:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT/S;
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE/S;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE website,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR website BY ANY THIRD PARTY, AND/OR
- 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE website.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE/S OR ANY HYPERLINKED WEBSITE/S FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL WE, OUR MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY DAMAGES OF WHATEVER KIND AND NATURE, WHETHER INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, RESULTING FROM YOUR ACCESS OR USE OF THE WEBSITE/S, CONTENT/S, OR USER SUBMISSION/S.
While the website are controlled and offered by us from our facilities in the Philippines, we make no representations that the Website/s are appropriate or available for use in other locations. Those who access or use the Website/s from other jurisdictions do so at their own volition and are responsible for compliance with their local or national law, subject to application of precepts of international law.
You agree to defend, indemnify and hold us, our managers, members, employees and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, attorney’s fees, arising from:
- your use of and access to the website;
- your violation of any provisions of this Terms of Service;
- your violation of any third party rights, including, without limitation to, any copyright, property, or privacy right; or
any claim that one of your User Submissions caused damage to a third party.
- This defense and indemnification obligation will survive these Terms of Service and your use of the website.
11. Ability to Accept Terms of Service
You affirm that you are of legal age or more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
You affirm and confirm that you are 13 years old or older, as the Website/s is/are not intended for children under 13. If you are under 13 years of age, YOU ARE NOT TO USE OR ACCESS THE WEBSITE/S. We suggest that you talk to your parents or legal guardians, or those exercising substitute parental authority, where applicable, about what sites may be appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
By using the Website/s, you agree to receiving electronic communiqué from us. These communiqué may include notices about your account and information concerning or related to the Website/s. You agree that any notice/s, agreement/s, disclosure/s or other communication/s that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. These Terms of Service shall be governed by the laws of the Philippines, without respect to its conflict of laws principles. Any claim or dispute between yourself and us that may arise in whole or in part from the Website/s shall be brought forth in the appropriate courts of San Juan City, Metro Manila, Philippines to the exclusion of all other courts, whether within or without the Philippines.
Please note that the Terms of Service, together with any other legal notices published by us on the Website/s, shall constitute the entire agreement between you and ourselves concerning the use or access to the Website/s. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Furthermore, should we fail to immediately assert any right or provision under these Terms of Service shall not constitute a waiver on our part of such right or provision.
We reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website/s following any amendment of these Terms of Service will signify your acquiescence to and acceptance of its revised terms. While we do not admit any liability or that you agree to exculpate and/or relieve us of any liability, YOU AGREE THAT ANY CAUSE OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE/S MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE ALLEGED CAUSE OR CAUSES OF ACTION ACCRUES. OTHERWISE, YOU AGREE THAT SUCH CAUSE OR CAUSES OF ACTION IS/ARE PERMANENTLY BARRED.
15. Contacting Us
If you have any questions or concerns about these Terms of Service or the website, please send us a thorough description by email to firstname.lastname@example.org.
The following privacy notice applies to the Website/s that we operate. We may change or update this policy from time to time, and we will notify you of any changes by changing the “last updated” notice set forth above. Accordingly, you should frequently visit this web page. Any updated policy shall be effective immediately after it is posted.
1. Activity. We may ask you for certain personal information, including your e-mail address, for certain activities on the Website/s, such as for uploading pictures and posting comments.
2. Usage Information. We may record information about your usage, such as when you use the Website/s, the channels, groups, and favorites you subscribe to, the contacts you communicate with, and the frequency and size of data transfers, as well as information you display or click on in the Website/s. We may use clear GIFs (a.k.a. “Web Beacons”) in HTML-based emails sent to our users to track which emails are opened by recipients.
3. Content Uploaded to Site. Any personal information or picture content that you voluntarily disclose online (on discussion boards, in messages and chat areas, etc.) becomes publicly available and can be collected and used by others.
1. Should you choose to submit personally identifiable information to us through the Website/s, you agree that we may use the same personal information to operate, maintain, and provide to you the features and functionality of the website, as well as provide special personalized features to you.
2. Certain information may be displayed to other Users when you upload pictures or send messages through the Website/s and other Users may be able to contact you through the messages and comments. Any pictures you submit for posting and/or publication to the Website/s may, however, be redistributed through the Internet and other media channels, and may be viewed by the general public.
3. We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing, administrative or customer service purposes.
4. We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website/s and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
Cookies; IP Logs
Your Choices; Opt-out
1. You may, of course, decline to submit personally identifiable information through the website, in which case you can still view pictures and explore the Website/s, but we may not be able to provide certain services to you. You may also change certain personally identifiable information you submit to us by logging onto your account.
2. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies in the browser settings if you prefer. If you choose to decline cookies, you may not be able to sign in or use other Website features or services that depend on cookies. If you choose to accept cookies, your browser may allow you to delete cookies that you have accepted at a later date.
3. We may allow third-party advertising companies and networks to serve cookies on the Website/s and to serve ads to you when you visit the Website/s. These companies and networks may use the log file information and/or information collected by cookies, Web beacons and similar technologies to provide advertisements about goods and services that they believe may be of interest to you. If you would like to prevent certain third parties from collecting and using such information (i.e., opt-out), or would like more information about these practices and to understand your choices regarding use of this information by these companies.