88DB.com.ph - Term & Conditions
Terms & Conditions

88DB.com and its sub-domains (hereinafter collectively referred to as the "Sites") is operated by 88DB Hong Kong Limited (hereinafter referred to as the "Company").

By using and/or accessing the Site and other sites connected to it via links from the Site (hereinafter referred to as "Linked Sites"), you acknowledge and agree that the Privacy Policy and the Terms and Conditions set out below (hereinafter collectively referred to as the "T&C") are binding. If you do not accept either or both the Privacy Policy and the T&C, you are advised to discontinue use of the Site.

The Company holds the right to revise the T&C at any given time by posting such changes on the Site without prior notice. Your continued use and/or access of the Site constitute your acceptance of the T&C, and of any and all revisions that the Company may wish to make from time to time.

You are advised to periodically visit this page and review the latest version of the T&C and/or bookmark the latest version here. Your use and/or access to the Site and Services (as defined below) will be terminated upon receipt of your notice of disapproval on any revisions made to the T&C.

1. General Terms
1.1
The Site has been provided as an online platform for you, whether as an individual, a partnership, a company or an organization, who register with the Site (collectively referred to as the "Users" and each a "User") to;
  i) post messages, services and/or products which you wish to advertise or offer to other Users, whether in the form of text, graphics, audio, video or otherwise (hereinafter referred to as "Materials"),
  ii.) view other Users' Materials,
  iii.) buy other Users' Materials,
  and all other services which the Company may provide from time to time (collectively referred to as the "Services").
1.2
Upon registration, a user identification and password will be issued, whereupon you will become a User. You must be registered as a User to use the Site.
2. Your Use of the Site
2.1
You undertake that;
  2.1.1 You will not violate or attempt to violate the security of the Site including but not limited to; accessing data not intended for you or logging into a server or account which you are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or breaching security and/or other authentication measures, interfering with the provision of Services to any User, host or network, or sending unsolicited e-mail. You acknowledge that any violation of system or network security may result in civil or criminal liability and you understand that the Company shall not hesitate to take all necessary steps to enforce its rights against you in its sole discretion;
  2.1.2 You will not use the Site to post, transmit, distribute or store material in violation of any applicable law or regulation, including, but not limited to, any material that will infringe the rights of other persons or entities, regardless of whether such persons or entities are Users;
  2.1.3 You will not print, download, duplicate, reproduce or otherwise copy, adopt or modify any personally identifiable information about other Users as obtained from the Site;
 
2.1.4
You will not use the Site to post, transmit, distribute or store Material that is false, inaccurate, misleading or libelous;
 
2.1.5
You will not post, transmit, distribute or store Material that contains viruses, bugs, worms, time bombs, Trojan horses, trap doors or anything which may affect the Site in any way whatsoever;
 
2.1.6
You will not collude with or against another person or entity in restraint of trade or competition, regardless of whether such person or entity is a User;
 
2.1.7
You will not do anything to affect the Company's standing and goodwill with its partners including, but not limited to, its service providers.
2.2
You shall not use the Site if you have not reached the age of majority in your jurisdiction and/or if you do not have the legal capacity to enter into legally binding contracts.
2.3
You warrant that all information provided upon registering at the Site are true, accurate, current, and complete and that you will update such information to keep it true, accurate, current and complete. Any information provided which is untrue, inaccurate, outdated and/or incomplete shall be rectified immediately upon discovery, failing which the Company shall have the right to suspend or terminate your rights.
2.4
If you have registered as a User on behalf of a partnership, a company or an organization, you warrant that you have the authority to accept the T&C on its behalf and that you shall cease use of this Site when you no longer have such authority, or if the partnership, company or organization ceases to exist and notify the Company of the same.
2.5
You may not send unsolicited communication, whether in bulk or otherwise, to any other User or non-User, whether via the Site or otherwise.
2.6
You are solely responsible for keeping your user identification and password confidential and for all activities that occur under your user identification and password.
2.7
If you are an individual, you agree not to pose your social security number, your identity card number, or passport number on the Site.
2.8
You acknowledge that you will comply with all applicable laws and regulations which may apply to you in your jurisdiction.
3. Licence
By posting Materials on the Site, you hereby agree to grant the Company a non-exclusive, worldwide, irrevocable, royalty-free license to the unconditional use, reproduction, modification and/or adaptation of the Materials whether in whole or in part.
4. Intellectual Property Rights
All rights in and to the text, images, layout, database, graphics, pictures, sounds or audio formats, software, brands and all other materials on the Site belong to the Company or are used by the Company with permission. These materials may be protected by applicable laws and regulations and you agree not to use, reproduce, modify and/or adapt such materials in anyway whatsoever without the express written permission of the Company.
5. The Site
5.1
You acknowledge that the Company does not have control over Materials posted by Users and is under no obligation to screen or monitor any Materials. You agree and acknowledge that the Company does not take any responsibility whatsoever for the truthfulness, accuracy or reliability of the Materials or the marketability or fitness of any product or service.
5.2
You agree and acknowledge that the Company may, at its discretion, screen and/or monitor Materials posted on the Site and the Company shall have the right to, without assigning any reason whatsoever, modify the Materials or remove such Materials permanently or until such time as you have modified it to the satisfaction of the Company.
5.3
You acknowledge that the Company has no control over the Users and their actions or inactions, and the Company does not warrant for Materials to be viewed by any specific number and/or class of persons.
5.4
The Company is not responsible for any improper use of Materials you post on the Site. You agree and acknowledge that you are solely responsible for the Materials you post.
5.5
The Company is not a party nor its is involved in any actual transaction between you and other Users.
5.6
The Company shall have the right to limit your use and/or access to the Site and to the Services, including the period of time that Materials are posted on the Site, the amount of Materials posted, the size of the Materials, email messages or any other content. You acknowledge that the Company shall not be held liable to you or any party for any modification, suspension or discontinuance of the Services and/or Site.
6. Linked Sites
The Site may contain links to sites which have been provided solely for your convenience and is not in any way a recommendation or endorsement by the Company and you acknowledge that the Company has no control over such Linked Sites.
7. Indemnity and Warranty
7.1
The Company does not warrant that the Site will operate error-free or that it is free of viruses or other harmful codes and programs. The Company shall not be responsible for any equipment or data that is damaged or lost pursuant to your use and/or access of the Site or Linked Sites.
7.2
The Site is provided as is and the Company disclaims all warranties and guarantees of any kind including the accuracy, reliability, completeness or timeliness of the Site and the Materials to the fullest extent permitted by law and any reliance thereon by you shall be at your sole risk.
7.3
You agree to indemnify and hold the Company unaccountable, including its officers, directors, employees and agents, from and against any and all claims, actions, demands, losses or damages arising from your use, inability to use, access and/or inability to access the Site, the Services, the Materials and Linked Sites, whether directly or indirectly.
8. Termination
8.1
The Company has the right to restrict, suspend or terminate your use and/or access to the Site, without notice whatsoever and the Company shall have no obligation to return any Materials regardless of whether such restriction, suspension or termination of your use and/or access to the Services is a result of the cessation of the Services and/or the Site.
8.2
In the event of your breach of any obligations stated or otherwise or for violating any applicable laws or regulations, the Company reserves the right to remove any Materials posted on the Site, and/or suspend or terminate your rights to the use and/or access of the Site or part thereof in the Company's sole discretion without any notice, compensation or recourse to you.
9. Waiver
Any failure by the Company to enforce any clause of this T&C or any forbearance, delay or indulgence granted by the Company in favor of you shall not be construed as a waiver by the Company of its rights herein.
10. Agency and Partnership
This T&C shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for herein.
11. Governing Law and Jurisdiction
Any dispute or matter arising from the use of the Site whether directly or indirectly shall be subject to, governed by and construed in accordance with the laws of the Republic of the Philippines. Both you and the Company shall submit to the non-exclusive jurisdiction of the courts of the Republic of the Philippines.
12. Arbitration
12.1
All disputes, controversies or differences arising from, out of, or in relation to the clauses in this T&C shall be finally settled by arbitration in the Philippines before a single arbitrator in accordance with the Philippine Laws that may be enforced from time to time. The decision of the arbitrator shall be final and binding.
12.2
For the avoidance of doubt, nothing herein shall prevent the Company from commencing proceedings for the purposes of obtaining an injunction against you in the event that you fail to comply with any provisions of this T&C, and you hereby expressly consent to the same, and agree to not raise objections to the application for such injunction by the Company.
13. Rights of Third Parties
A person or entity who is not a party to this T&C shall have no right under the Contracts (Rights of Third Parties) Act or any equivalent statute under any other relevant laws to enforce any term of this T&C, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or successor-in-title of this T&C.
14. Violations
You understand that any violation of the T&C herein may lead to serious consequences and that you will report any incident of violation to us.