Terms and Conditions
Important Notice: These Terms
and Conditions constitute a legally enforceable agreement with Rethink IT If
you do not agree with any of these Terms and Conditions, you are not permitted
to use the Site and should immediately exit from it.
By accessing and using the
Site you agree that your access and use is governed by these Terms and
Conditions. Your use by accessing, browsing, opening or otherwise using any
part of the Site is evidence of your acceptance of these Terms of Use.
Prohibited Conduct
You must not:
use the Site for any
activities or post or transmit to or via the Site, any information or materials
which breach any laws or regulations, infringe a third party's rights, are
contrary to any relevant standards or codes;
•
use another's name, username or password without their
permission;
•
tamper with, hinder the operation of, or make unauthorized modifications
to the Site;
•
knowingly transmit any viruses, worms, defects, Trojan horses or
other disabling feature to the Site;
•
use any robot, spider, site search/retrieval application, or
other device to retrieve or index any portion of the Site;
•
modify, adapt, translate, or reverse engineer any portion of the
Site;
•
remove any copyright, trade mark or other proprietary rights
notices contained in or on the Site;
•
collect any information about other users or Rethink IT members
(including names and/or email addresses) for any purpose other than to share
opinions or reviews with other users or members;
•
reformat or frame any portion of the web pages that are part of
the Site;
•
create user accounts by automated means or under false or
fraudulent pretenses;
•
use the Site to violate the security of any computer network,
crack passwords or security encryption codes, transfer or store illegal
material including that which may be deemed threatening or obscene;
•
take any action that imposes, or may impose in our sole
discretion, an unreasonable or disproportionately large load on our IT
infrastructure;
•
use the Site otherwise than in accordance with these Terms and
Conditions; or
•
attempt any of the above acts or permit another person to do any
of the above acts.
Content of Postings
When using the Site, you must
not post content for any purpose that is unlawful or prohibited by these Terms
and Conditions. Without limiting your obligations, you agree that it is an
express condition of your use of the Site that you will not:
•
post irrelevant, untruthful, libelous, profane, abusive content;
•
violate the legal rights of others;
•
impersonate another person or use a false header or other
identifiers in order to disguise the origin of any posting or uploaded content;
•
defame, threaten, harass, stalk or frame any other user;
•
publish, post, distribute or disseminate any unlawful material
or information, including material or information that infringes another
person's intellectual property rights or is defamatory, misleading, deceptive,
intentionally inaccurate, obscene, indecent, pornographic or otherwise
objectionable;
•
publish, post, distribute or disseminate any material or
information relating to the products or services of a competitor to your
business (or a competitor of the business you are engaged or employed by);
•
upload or attach files that contain material protected by
intellectual property laws unless you own or have all required licenses or
consents to use such material;
•
upload or attach files that contain viruses, corrupted files, or
any other similar software or programs containing harmful or damaging
components designed to interpret, impair, destroy or limit the functionality or
operability of any computer system, software, hardware or telecommunications
equipment;
•
advertise, solicit business, offer to sell any goods or
services;
•
post or send any SPAM, junk mail, chain letters or pyramid
schemes;
•
conduct any raffle, competition, contest or game (irrespective
of whether participants must pay a fee or other consideration)
Our use of your
information
We retain the right at all
times to monitor, retain and disclose any information as necessary for us to
satisfy our obligations under any applicable laws. More information about the
information we collect from you and what we do with that information is set out
in our privacy policy.
You acknowledge that all
content postings are public and not private communications. Product reviews
submitted by users is subject to our evaluation and moderation. We reserve the
right to remove without notice or moderate any content posting for any reason.
We reserve the right to
terminate, without prior notice, your access to your account.
Intellectual Property
Rights
Unless otherwise stated, Rethink
IT owns or has a valid license to use all copyright in the content of the Site
and trademarks used on the Site.
You must not modify, copy,
adapt, store in a retrieval system, reproduce, upload, post, transmit, sell,
frame or embed in another website or distribute in any way any content
contained on or in the Site and owned or licensed by Rethink IT, except as
expressly approved by us in writing.
We grant you permission to do the
following with the material on the Site:
•
store a reproduction of the material on your local computer for
the sole purpose of viewing the material; and
•
print hard copies of material for your personal information, but
not for commercial use.
When you contribute postings
or any content to the Site, you grant Rethink IT a royalty-free, worldwide,
perpetual, non-exclusive, and irrevocable and fully sub-licensable right to
use, publish, translate, adapt, distribute, reproduce, create derivative works
from, display and modify anything you submit to this Site or write about the
Site, in any form, and by any current or future media or technology.
You consent to Rethink IT not
attributing your authorship to any of your postings to this Site.
Distribution/Uploading of
Third-Party Content
Except as set forth in the
immediately preceding paragraph, you may upload to or otherwise distribute on Rethink
IT only content that is not subject to any copyright or other proprietary
rights protection in which the author has given express authorization for
distribution on the World Wide Web. The unauthorized submission or distribution
of copyrighted or other proprietary content is illegal and could subject you to
criminal prosecution as well as personal liability for damages in a civil suit.
You will be liable for any damage resulting from any infringement of copyrights
or proprietary rights, or from any other harm arising from such submission.
Neither Rethink IT, nor its affiliates, nor any of their officers, directors,
employees, agents, Providers, or the like, will be liable for any damage
resulting from any infringement of copyrights or proprietary rights, or from
any other harm arising from such submission.
No endorsement
The display of third-party
Merchant trade marks on the Site does not constitute or imply Rethink IT
endorsement of or affiliation with such merchant or business (except to the
extent that merchant is permitted to display content on the Site pursuant to a
Merchant Agreement with Rethink IT).
Inclusion of a third-party
link on the Site does not constitute Rethink IT endorsement of that site or the
merchant, products, services or information contained or listed on that linked
to site.
Limitation of Liability
You accept all risks and
responsibility for all loss, damage, costs and other consequences resulting
from your use of the Site or the content, postings or material on or accessible
through the Site (including search results, editorial content, user rating, any
other content or transactions conducted through a linked site). Except as
expressly stated in these terms, Rethink IT will not be liable for any loss
whatsoever (including, without limitation, indirect, incidental, special, or
consequential loss, loss of profits or loss of opportunity), expense, damage,
or injury that is suffered (however so caused) in connection with your access
to, or use of, or inability to use the Site or the content or materials of the
Site (including linked websites), whether based in contract, tort, negligence,
statute or any other legal theory, except for any liability that cannot be excluded
by law.
Disclaimer
The data and information
included in or available through Rethink IT may include inaccuracies or
typographical errors. Changes and improvements are periodically made to Rethink
IT and to the information therein. Rethink IT does not guaranty the accuracy,
completeness and usefulness of this information. The views and opinions of
users contained therein do not necessarily reflect or state those of Rethink IT.
Links to External Sites
Where the Site includes links
to other web sites Rethink IT does not make any warranties or representations
regarding the quality, accuracy, merchantability or fitness for purpose of any
product or material on these other web sites. These sites are maintained by
third parties and are not under the control of Rethink IT. Rethink IT is not
responsible for the content of any linked site or any link contained in a
linked site.
No SPAM
Any publication of e-mail
addresses on the Site is for the purpose of professional communication only.
Our e-mail addresses must not be used to send unsolicited commercial electronic
messages.
Indemnity
By entering and using the
Site and any information or services offered via the Site, you must indemnify Rethink
IT, its parent company, any of its officers, directors, shareholders, and
employees against all claims, demands, proceedings, actions, losses, injuries,
costs (including legal costs), expenses, damages, awards, judgments, and any
other liability whatsoever wholly or partially arising directly or indirectly
in connection with your access to or use of the Site and its information,
services, content or materials. Furthermore, Rethink IT shall be entitled to a
reimbursement of all amounts paid as a result of the foregoing.
Warranties
Rethink IT provides the Site
on an "as is" basis without any express or implied warranty of any
kind. While Rethink IT exercise all due care and precautions, Rethink IT cannot
and does not guarantee or warrant that files posted to and/or available for
downloading through the Site or delivered via electronic mail will be free of
infection, viruses, defects, harmful components or any other codes that may
have contaminating or destructive properties. You are responsible for
implementing procedures that satisfy your requirements for accuracy of data
input and output, and for maintaining a means external to the Site to
reconstruct any lost data.
In compiling content for the
Site, Rethink IT relies on information supplied by a number of external sources
and content posted by third parties, including the content of any messages. As rethink
does not control the content posted by third parties on the Site, we cannot and
do not warrant the accuracy, completeness, integrity or quality of such
information or content. We do not warrant the information provided on the Site
is free from human or automated error. You must not rely on any information
presented on the Site. Reliance is solely at your own risk.
Severability
If any part of these Terms
and Conditions is deemed invalid, that part will be severed from this
agreement. And the remainder of these Terms and Conditions will continue to be
valid and enforceable.
Governing Law
This agreement is governed by
the laws of the Philippines. You irrevocably submit to the exclusive jurisdiction
of the laws and courts of the Philippines.
Information Use
We welcome your feedback
regarding our Site. If you provide feedback or send comments to us, you agree
that Rethink IT is permitted to reproduce, transmit, distribute, create
derivate works of, and publicly display any information that you submit to us.