JANUARY 1, 2013
ABOUT THE INFORMATION ON THIS SITE. The content available on the Website is intended to be a general information resource and is provided solely on an ìAS ISî and ìAS AVAILABLEî basis. You are encouraged to confirm the information contained herein. You should not construe TopUp THís publication of the content on the Website as a warranty or guarantee of the quality or availability of any goods or services.
ELIGIBILITY. By using the Website, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age; and (d) your use of the Website does not violate any applicable law or regulation.
USE OF MATERIALS ON THIS SITE. TopUp TH invites you to view and use a single copy of the materials obtained from this Website for your personal, non-commercial use. You agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Website. No graphics, photographs or other visual elements obtained through the Website may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or TopUp TH. You are not permitted to use the materials on this Website except as expressly set forth herein. You may not under any circumstances attempt to deface, shut down or otherwise damage the Website.
ENFORCING SECURITY. The user-generated content (or ìUGCî) functionality on this Website, including but not limited to the blogs, comments, online chats, photo contests, video and similar interactive features are resources owned by TopUp TH. Please be aware that you have no proprietary interest and no reasonable expectation of privacy while using the UGC functionality. TopUp TH cannot guarantee the confidentiality of any communication or material transmitted to/from the UGC functionality over the Internet or other global communication network and TopUp TH is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained, or for the consequences of any reliance on such information. You must make your own determination as to these issues.
TopUp TH considers electronic transmissions and communications made through the UGC functionality as TopUp THís property, and TopUp TH may obtain access to, block, disclose, and review those transmissions at any time. Actual or attempted unauthorized use of the UGC functionality may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. TopUp TH also reserves the right to view, monitor, and document activity on the functionality without notice or permission from you. Any information obtained by monitoring, reviewing, or documenting is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the functionality. TopUp TH will also comply with all court orders involving requests for such information. In addition to the foregoing, TopUp TH reserves the right at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the UGC functionality, or any portion of functionality, for any reason.
POSTINGS. The UGC functionality (e.g. TopUp TH Blog) provides the opportunity to share knowledge and post other helpful or meaningful information. By submitting content or information of any type (a ìPostingî) to the functionality, or by otherwise using the functionality to transmit or display a Posting, you automatically grant TopUp TH a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You also acknowledge that such submissions are non-confidential for all purposes. Moreover, you agree that by using the UGC functionality you will not post or transmit any of the following materials:
* Anything that interferes with or disrupts the UGC or the operation thereof,
* Statements about candidates for political office,
* Statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others,
* Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of another,
* Statements or material that violates other contractual or fiduciary rights, duties, or agreements,
* Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
* Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
* Statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of TopUp TH,
* Anything that violates the privacy or publicity rights of any other person,
* Statements or material that are off-topic, irrelevant, or inappropriate,
* Statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials, and
* Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of anotherís computer, network, or this Website.
As the UGC functionality is generally public, the user experience is enhanced when you follow these guidelines. Please also use netiquette. Please be succinct and stay on topic. Please remember to respect others and their opinions. TopUp TH encourages open and sincere communication, but urges all users to remember that the UGC functionality is intended to be a resource for all.
LINKS TO THIS SITE AND USE OF MARKS. The Website may contain links to websites operated by other parties. TopUp TH provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not owned or operated by or under the control of TopUp TH, and TopUp TH is not responsible for the content available on the other sites. Such links do not imply TopUp THís endorsement of information or material on any other site and TopUp TH disclaims all liability with regard to your access to and use of such linked Websites.
LINKS TO TopUp TH WEBSITES. Unless otherwise set forth in a written agreement between you and TopUp TH, you must adhere to TopUp THís linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with TopUp THís names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by, or otherwise associated with TopUp TH, (iii) when selected by a user, the link must display the Website on full-screen and not within a ìframeî on the linking Website, and (iv) TopUp TH reserves the right to revoke its consent to the link at any time and in its sole discretion. Use or misrepresentation of any of TopUp THís logos, designs, images, photographs, slogans, trademarks or service marks in conjunction with the external links is not permitted.
LINKS TO OTHER SITES. TopUp TH, in its sole discretion, or other end users through the use of UGC functionality may provide links to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by TopUp TH and are maintained by third parties over which TopUp TH exercises no control. Accordingly, TopUp TH expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites. Moreover, these links do not imply an endorsement by TopUp TH with respect to any third party, any candidate for political office identified in a third party site or any web site or the products or services provided by any third party.
TRADEMARKS. TopUp TH, TopUp TH.com, TopUp TH Logos and all other names of TopUp TH programs referenced herein are registered or common law trademarks of TopUp TH. TopUp TH and other trademarks are registered in several other countries, including without limitation Argentina, Australia, Bolivia, Brazil, Chile, Columbia, Costa Rica, Dominican Republic, Ecuador, France, Guatemala, Honduras, Hong Kong, Indonesia, Jamaica, Japan, Mexico, New Zealand, Nicaragua, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Taiwan, and Venezuela. Unauthorized use of any TopUp TH trademark, service mark or logo may be a violation of federal and state law.
DISCLAIMERS AND LIMITATION OF LIABILITY. ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN ìAS ISî ìAS AVAILABLEî BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TopUp TH MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
TopUp TH MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TopUp TH DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF TopUp TH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY. You agree to indemnify, defend and hold TopUp TH, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneysí fees, due to or arising out of your use of the Website and/or breach of this Agreement.
NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT. If you are a copyright owner or agent thereof and believe that content posted on the Website by a TopUp TH user infringes upon your copyright, please contact us. TopUp TH will always post and acknowledge reference materials.
LOCATION. The Websites are operated by TopUp TH from its offices in the Philippines and USA. TopUp TH makes no representation that the content of this Website is available or appropriate for use in other locations. Those who choose to access the Website from locations outside the Philippines and United States do so on their own initiative and are responsible for compliance with applicable local laws.
CHILDREN. The Website is not directed toward children under 13 years of age nor does TopUp TH knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to TopUp TH.
USER CONTENT. By posting or providing any content on or through the Website, you hereby grant to TopUp TH a worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such content in any form, and TopUp TH may sublicense all or part of its rights under this license or assign them to third parties. You represent and warrant that: (i) you own the content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. TopUp TH may delete any content for any reason, including content that, in TopUp THís sole judgment, is offensive, illegal or violate the rights, harm, or threaten the safety of any person. TopUp TH has the right, but does not assume the responsibility, for monitoring the Website for inappropriate content. You are solely responsible for the content that you post on or through the Website.
SUBMISSIONS. It has been the long-standing policy of TopUp TH not to accept or consider creative ideas, suggestions, or materials, including, but not limited to, notes, drawings, concepts, comments, questions or answers, techniques, know-how, or other information (hereinafter ìSubmissionsî) other than those specifically requested, such as UGC. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by TopUp THís professional staff might seem to others to be similar to their own creative work. All Submissions, including unsolicited submissions and those made at the request of TopUp TH, such as UGC, will be treated as non-confidential and non-proprietary, and will be subject to the license granted in the preceding paragraph. TopUp TH will not be liable for any use or disclosure of any Submissions.
PASSWORD. You may be assigned a username and password with which to access restricted areas of the Website. You agree not to use the username or password of another user at any time or to disclose your password to any third party. You agree to notify TopUp TH immediately if you suspect any unauthorized use of your username or access to your password. You are solely responsible for any and all uses of your username and password.
CHOICE OF LAW/FORUM. All claims arising out of this Agreement or relating to the Website will be governed by the laws of Manila, Philippines excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to the Website shall be brought exclusively in a state or federal court in or for Manila, Philippines
VIOLATIONS AND ADDITIONAL POLICIES. TopUp TH reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including without limitation the right to block access from a particular Internet address.
Copyright © 2013 TopUp TH. All rights reserved.