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TERMS OF SERVICE


Description of The Reporter News Services and Acceptance of Terms of Use

Thank you for visiting The Reporter web site (also known as the Site) which is owned and operated by Gus Arnaiz and Associates Company.  The service offered by The Reporter include MaasinReporter.com which serves as an Internet-based media outlet for local, national and international news and information.  The MaasinReporter.com is hosted in a server facility in the United States.  The MaasinReporter.com is also an affiliate subsidiary of Webionic Designs and Internet Solutions, LLC. (also known as Webionic.com), a web programming and Internet presence provider based in Virginia, USA.

The Maasin Reporter furnishes the Site for your personal enjoyment and entertainment.  By visiting the Site (whether or not you are a registered member) or using any of the Maasin Reporter news or advertising services, you accept and agree to be bound by this Terms of Service Agreement, including any future modifications ("Agreement"), and to abide by all applicable laws, rules and regulations (“Applicable Law”).  Please read through this Agreement carefully. The management of The Reporter may modify this Agreement at any time, and each such modification will be effective upon posting on the Site.  All material modifications will apply prospectively only.  Your continued use of the Site or The Reporter's news or advertising services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified.  It is therefore important that you review this Agreement regularly.  If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue your use of the The Reporter news services immediately.

Eligibility for Site Registration and Account Security

Children under the age of 13 are not authorized to post messages or participate in “Forums” (as defined below) on the Site.  All registration information that you submit to create an account must be accurate and must be kept updated.  You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account.  It is therefore critical that you do not share your password with anyone.  You agree not to use the account, username, email address or password of another [member or subscriber] at any time.   You agree to notify The Reporter immediately if you suspect any unauthorized use of, or access to, your account or password.

Termination

This Agreement remains in full force and effect while you use The Reporter news and advertsising services.  You may terminate your account/subscription, as applicable, on the Site at any time, for any reason, by emailing jani@maasinreporter.com, Subject: Terminate My Account. The Reporter may terminate your account and/or access to The Reporter news and advertising services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access has been terminated, this Agreement will remain in effect.  You agree that your account is non - transferable and any rights to your account terminate upon your death.

Fees

You acknowledge that The Reporter reserves the right to charge fees for paid subscription or online advertisements. The Reporter will provide you with at least 30 days advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee.  If you continue to use our services after the fee has been increased, you are expressly agreeing to the fee increase and you will be responsible for paying such fee for the balance of your subscription or advertisement.  If The Reporter suspends or terminates your account and/or access to The Reporter news and advertising services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.

Purchasing Site Services or Products

If you purchase any service or product on the Site, you may be required to provide personal information, including credit card and billing information ("Personal Financial Information”), to an independent third party company (or companies) selected by, but not affiliated with, The Reporter or Webionic.Com.  Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor.  If you make a purchase from the Site you are warranting that you are authorized to make the purchase using the form of payment card that you provide to the Processor.  You must be 18 years of age or older to purchase a Site Product.

The Reporter (or Webionic.Com) makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor.  The Reporter provides no refunds for purchases you make on the Site.  You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges.  You acknowledge and agree that in the event the Processor experiences a data breach that affects your Personal Financial Information, The Reporter, Webionic.com and all its affiliates will in no way be responsible or liable to you for any such breach.

The Reproter will not store any record of Personal Financial Information related to purchases or other transactions you make through The Reproter news and advertising services.   You should therefore maintain records of all your transactions.  If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must immediately contact the Processor.

The Maasin Reporter News Content

The Reporter news and advertising services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of The Reporter.  Be aware that The Reporter is protected by copyright and intellectual property right laws and regulations.  The Reporter news and advertising services may also contain content of current users and other licensors, affiliates or subsidiaries. Except as provided in this Agreement or as explicitly allowed, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any content appearing on or through The Reporter new and advertising services.  Requests for permission to reproduce or distribute materials found on the Site can be made in writing and sent to The Reporter, Barangay Mantahan, Maasin City 6600, Southern Leyte, Philippines, or via email at jani@maasinreporter.com, Subject: Content Request.

Your Use of The Reporter News and Advertising Services

The Reporter News and Advertising Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization.   The Reporter reserves the right to remove commercial content in its sole discretion.  You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with The Reporter News and Advertising Services.  You understand that The Reporter does not control the user content posted by users via its services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable content.   The Reporter assumes no responsibility or liability for this type of content.  If you become aware of misuse of The Reporter services, please report this immediately by emailing jani@maasinreporter.com.

You agree not to use The Reporter News and Advertising Services to:

  • Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
  • Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
  • Harass or harm another person;
  • Exploit or endanger a minor;
  • Impersonate or attempt to impersonate any person or entity;
  • Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to The Reporter News and Advertising Services servers, networks or accounts;
  • Cover, remove, disable, block or obscure advertisements or other portions of The Reporter News and Advertising Services;
  • Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from The Reporter News and Advertising Services, or to circumvent or modify any security technology or software that is part of The Reporter News and Advertising Services;
  • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through The Reporter News and Advertising Services.  If you do so, you acknowledge you will have caused substantial harm to The Reporter News and Advertising Services, but that the amount of harm would be extremely difficult to measure.  As a reasonable estimation of such harm, you agree to payThe Reporter News and Advertising Services P2,500.00 for each actual or intended recipient of such communication;
  • Solicit, collect or request any personal information for commercial or unlawful purposes;
  • Post, upload or otherwise transmit an image or video of another person without that person’s consent;
  • Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without prior written consent from The Reporter;
  • Use The Reporter News and Advertising Services to advertise or promote competing services;
  • Use The Reporter News and Advertising Services in a manner inconsistent with any and all Applicable Laws;
  • Attempt, facilitate or encourage others to do any of the foregoing.

The Reporter reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by The Reporter in its sole discretion.  You acknowledge that The Reporter reserves the right to investigate and take appropriate legal action against anyone who, in The Reporter’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.

You acknowledge, consent and agree that The Reporter may access, preserve or disclose information you provide to the Site, including User Content, when The Reporter has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of The Reporter, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of The Reporter or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.

Message Boards and Public Forums

The Site offers users the ability to post public comments on comment boxes and/or forums, which may be open to the public generally, to all members of the Site, or to a select group of members to a specific Forum group.  You acknowledge that comments posted on such Forums are public, and The Reporter cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk.  The Reporter is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. The Reporter reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.

Copyrights and Other Intellectual Property

The Reporter respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.  The Reporter has a policy of terminating repeat infringers’ access to the The Reporter News and Advertising Services in appropriate circumstances.

Third Party Links and Services

The Reporter may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third Party Services”).   When you engage with a Third Party Service, you are interacting with the third party, not with The Reporter.   If you choose to use a Third Party Service and share information with it, the Third Party Services may use and share your data in accordance with the Third Party Service’s privacy policy and your privacy settings on such Third Party Service.  In addition, the third party providing the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services.  The Reporter is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the The Reporter News and Advertising Services does not imply approval or endorsement of the Third Party Service.   The Reporter is not responsible for the content or practices of any websites other than the Site, even if the website links to the Site and even if it is operated by an Affiliated Company or a company otherw0ise connected with the Site.  By using The Reporter News and Advertising Services, you acknowledge and agree that The Reporter is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site. When you access Third Party Services, you do so at your own risk.  The Reporter encourages you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with the party with whom you are interacting.  If you are interested in creating hypertext links to the Site, you must contact the The Reporter's webmaster at webmaster@maasinreporter.com, Subject: Request for Permission to Link to Site, before doing so.  In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or The Reporter, including its respective employees, agents, directors, officers or shareholders.

Member Disputes

You are solely responsible for your interactions with other The Reporter users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with The Reporter News and Advertising Services.   The Reporter reserves the right, but has no obligation, to become involved in any way with these disputes.

Privacy

Use of The Reporter is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

The Reporter is provided to you "AS - IS" and “as available” and The Reporter does not guarantee or promise any specific results from use of The Reporter News and Advertising Services.  The Reporter expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non - infringement. In particular, The Reporter makes no warranty that your use of The Reporter News and Advertising Services will be uninterrupted, timely, secure or error - free or that any information obtained by you on, through or in connection with the The Reporter or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. vUnder no circumstances will The Reporter be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of The Reporter, problems or technical malfunction in connection with use of The Reporter, attendance at any The Reporter event, any material downloaded or otherwise obtained in connection with the The Reporter  services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with The Reporter services, or the conduct of any users of the The Reporter services, whether online or offline.  Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of The Reporter .

Limitation on Liability

IN NO EVENT WILL THE REPORTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE REPORTER NEWS AND ADVERTISING SERVICES, EVEN IF THE REPORTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE REPORTER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE REPORTER FOR THE REPORTER SERVICES DURING THE TERM OF YOUR USE OF THE REPORTER NEWS AND ADVERTISING SERVICES.

Disputes

This Agreement will be governed by, and construed in accordance with, the laws of the Republic of the Philippines, without regard to its conflict of law provisions. You and The Reporter agree to submit to the exclusive jurisdiction of the courts located either in Maasin City or Tacloban City, Philippines to resolve any dispute arising out of this Agreement or The Reporter News and Advertising Services.  YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS - CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

Indemnity

You agree to indemnify and hold The Reporter , its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or The Reporter News and Advertising Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with The Reporter News & Advertising Services.

Unsolicited Submissions

The Reporter does not knowingly accept, via The Reporter News & Advertising Services or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts.  The Reporter’s policy is to simply delete any such submission without reading it or forwarding it to other The Reporter staff or staff of its Affiliated Companies.  Therefore, any similarity between an unsolicited submission and any elements in any The Reporter or Affiliated Company creative work including, without limitation, a program, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to The Reporter via The Reporter News and Advertising Services (including but not limited to any public forum), however, such submissions and copyright become the property of The Reporter and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as The Reporter sees fit.  You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against The Reporter or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Trademarks

The failure of The Reporter to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.  The Section titles in this Agreement are for convenience only and have no legal or contractual effect.  All trademarks, service marks and trade names used in the Site are the property of their respective owners, and all of the above and below trademarks may not be copied, downloaded or otherwise exploited without the prior written permission of The Reporter or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.

©The Reporter. All rights reserved.

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