1. ACCEPTANCE OF TERMS
B. Grado shall have the right at any time to change or discontinue any aspect or feature of Grado, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
Grado shall have the right at any time to change or modify the terms and conditions applicable to User’s use of Grado, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Grado, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Grado by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, Grado provides User with an overview and product description of its system, including, but not limited to, features, e-brochure, and video presentation, (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Grado and all charges related thereto.
5. USER CONDUCT
A. User shall use Grado for lawful purposes only. User shall not post or transmit through Grado any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Grado’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Grado’s discretion restricts or inhibits any other user from using or enjoying Grado will not be permitted. User shall not use Grado to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Grado.
B. Grado contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Grado are copyrighted as a collective work under the Philippines copyright laws. Grado owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Grado and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. The foregoing provisions of Section 5 are for the benefit of Grado, its subsidiaries, affiliates, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing Grado with current, complete, and accurate information as prompted by the applicable registration form. The user also will choose a password and a user name. The user is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, the User is entirely responsible for any and all activities that occur under User’s account. The user agrees to notify Grado immediately of any unauthorized use of User’s account or any other breach of security. Grado will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Grado or another party due to someone else using User’s account or password. Users may not use anyone else’s account at any time, without the permission of the account holder.
7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. User expressly agrees that the use of Grado is at User’s sole risk. Neither Grado, its affiliates, nor any of their respective employees, agents, third-party content providers or licensors warrant that Grado will be uninterrupted or error free.
B. Grado is provided on as “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action.
D. Force Majeure – Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failure, failures of third-party service providers (including providers of internet services and telecommunications). The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
User agrees to defend, indemnify and hold harmless Grado, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Grado by User or User’s Account.
Either Grado or User may terminate this Agreement at any time. Without limiting the foregoing, Grado shall have the right to immediately terminate User’s Account in the event of any conduct by User which Grado, in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for Grado established by Grado constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Quezon City, Philippines, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
11. COPYRIGHT NOTICE
Grado and its logos and other intellectual property shown in this Website are copyrighted by Grado.
QUESTIONS OR SUGGESTIONS
If you have questions or suggestions about this Terms of Service, please contact us directly.