This agreement (“Agreement”) is between YOU and MyPhone. (“MyPhone”), the owner of the service MyPhone.ph. When you access, use, or register on the service it is deemed that you have read, understood and accepted the Terms and Conditions of the Service.
The Terms and Conditions of this service may be changed at any time. Hence, as you use and access the same, you are advised to always apprise yourself of the latest Terms and Conditions. Your use of the service signifies your concurrence to the most recent Terms and Conditions.
The Terms and Conditions are provided and controlled by MYPHONE and its subsidiaries and affiliates. The words ‘we’, ‘our’, or ‘us’ as used in this Terms and Conditions refer to MYPHONE. Please direct any questions with regard to the Terms and Conditions at MyPhone.ph.
- WHEREAS, MyPhone is service which contains games, wallpapers, ringtones, mobile applications and other contents provided by third parties/partners and are available for download by anyone who accesses or uses the service.
- WHEREAS, MYPHONE Users are those who register, access, use or downloads from the service and who undertakes to abide by the Terms and Conditions of this Agreement.
- NOW, THEREFORE, based on the foregoing premises, the Parties, MYPHONE and MYPHONE Users hereby agree as follows:
NOW IT IS AGREED, as follows:
By registering to the Service, you CONCUR TO and WARRANT the following:
- You have legal qualification, power, authority to enter into and to perform all the acts required of you in this Agreement as provided for by your local laws.
- You may register for an account with our Service by completing and submitting the account registration form on our service, and clicking on the verification link in the email that the service will send to you.
- You may only register for and maintain only one account.
- You must not allow any other person to use your account to access the service.
- You must notify us in writing immediately if you become aware of any unauthorized use of your account.
- You must not use any other person’s account to access the service, unless you have that person’s express permission to do so.
- If you register for an account with our service you will be asked to choose a user ID and password.
- Your user ID must not be liable to mislead and misrepresent as regards your person or affiliation; you must not use your account or user ID for or in connection with the impersonation of any person.
- You must keep your user ID and password confidential.
- You must notify us in writing immediately if you become aware of any disclosure of your password or any unauthorized use of your account.
- You are responsible for any activity on our service arising out of any failure to keep your password confidential, and we will not be held liable for any damage or losses arising out of such a failure.
- Any information provided by you may be verified by us on your behalf, including but not limited to the information provided in the registration form.
- Your Account, password and user ID is personal to you and is not transferable under any circumstances.
By registering in the service, you warrant and affirm that you will NOT:
- Use the service in any way or take any action that causes, or may cause, damage to the service or impairment of the performance, availability or accessibility of the service.
- Use the service in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- Use the service to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, cancel boots, keystroke logger, rootkit or other malicious computer software that are intended to damage, interfere with, intercept, or expropriate any system, data or personal information.
- Conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction and data harvesting, on or in relation to our service without our express written consent.
- Access or otherwise interact with our service using any robot, spider or other automated means, except for the purpose of search engine indexing.
- Use data collected from our service for any direct marketing activity, including without limitation to email marketing, SMS marketing, telemarketing and direct mailing.
- You must not use data collected from our service to contact individuals, companies or other persons or entities.
- You must ensure that all the information you supply to us through our service, or in relation to our service, is true, accurate, current, complete and non-misleading.
- You must endeavor to update any change in the information you provided on the service as soon as practicable.
CONTENT AND CONDITIONS OF USE
- All information, apps, games, wallpapers, ringtones and other materials that are provided through this service are provided by Third Parties or MyPhone Partn
- You may not modify, copy, print, display, reproduce, distribute, publish, disassemble, decompile, or reverse engineer the Site or any Content, except to the extent that applicable law expressly permits your disassembly or reverse engineering despite this limitation.
- The service or the games, wallpapers, ringtones, applications and other materials in the service, may contain links to third party services or clients. The linked third party services or clients are not under our control and we are not responsible for any linked site, including any contents found therein or any changes or updates to a linked site. Links are provided only for your convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators.
RESPONSIBILITIES OF PARTIES
- Maintenance and operation of your service account are your solely responsibility including all its/their content, the proper implementation of and adherence to these Terms and Conditions, Service rules, customs and policies.
- We have the right to investigate any activity that may violate these Terms and Conditions. This right subsists even if the account has been deactivated.
- We are not responsible for anything related to your service account and any Internet communication account/s, including the transmission of data between any Internet Communication Platform and the service.
BREACHES OF TERMS AND CONDITIONS; TERMINATION; CANCELLATION
- Your access of this service, may at any time be terminated by you without cause by deactivating your account or non-use of the service. The deactivation of your account or your non-use of the service terminates your adherence to the Terms and Conditions of this Agreement.
- We may at any time, in our sole discretion, terminate all or part of the service, or suspend or terminate the participation or access in all or part of the service for any reason.
- However, any obligations you incurred under the Terms and Conditions of this Agreement shall survive the termination or cancellation of your participation or access of the Service or the termination of this Agreement for any rea
- You agree that we will not be liable to you or any third party as a result of such modification, discontinuation, or cancellation.
- Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: temporarily suspend your access to our service; permanently prohibit you from accessing our service; block computers using your IP address from accessing our service; contact any or all of your internet service providers and request that they block your access to our service; commence legal action against you, whether for breach of contract or otherwise; and/or suspend or delete your account on our service.
- We may revise these terms and conditions from time to time.
- Revisions on the Terms and Conditions shall be published on the service, and the revised terms and conditions will apply to the use of our service from the date of the publication of the Terms and Conditions. If you do not agree to the revised terms and conditions, you must stop using our service and the Service or delete your account on the service, and you must stop using the service.
- Your continued use of the service even after the revision of any provision/s of this Agreement shall signify your express agreement to such revision.
INTELLECTUAL PROPERTY RIGHTS
- All right, title and interest, including without limitation to all Intellectual Property Rights, in and to the service, excluding those items licensed from third parties and any third party content, games, wallpapers, ringtones, applications or media player that may subsist in the service, are owned by us.
- No right, title, or interest in or to the service except as expressly set forth in these Terms and Conditions will be acquired by you.
- You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any our or our partners’ services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the service or proprietary information related thereto.
- Removal, obscuring, or alteration of our and Partners’ copyright notice or other proprietary rights notices affixed to or contained within any our services, software, or documentation are prohibited.
- However, you are granted a limited, non-exclusive license to use the Intellectual Property Rights made available by us and our Partnersâ€™ (Content) solely for use in accordance with these Terms and Conditions. Nonetheless you shall not distribute, modify, copy, transmit, display, reproduce, use, publish, license, create derivative works or sell or deal in the course of trade in any manner any Intellectual Property Rights belonging to us and our Partners.
- Any violation of these terms shall cause the automatic revocation of your permission to use the Service.
MESSAGES AND NOTICES FROM US
- By your registration and use of the service, you agree to receive messages or notices from us relating to Ads via the internet or otherwise, including your cell phone. If you do not wish to receive these messages from us then you must cancel your service Account and discontinue your use of the Service.
- All contents- games, wallpapers, ringtones, applications and other materials are created and provided for by Partners and not by us and in no way signify recommendation or endorsement by us or our directors or employees or any related party.
- We make no express or implied warranty about the nature of any games, wallpapers, ringtones, applications and other materials and will not be liable for any losses or damages you may suffer attributable to the games, wallpapers, ringtones, applications and other materials or your use of the service.
- We disclaim all warranties of any kind, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty as to the accuracy, completeness, currency, or reliability of any content, data, games, wallpapers, ringtones, applications and other materials available through the service.
- We make no representations or warranties that use of the service, content, data, games, wallpapers, ringtones, applications and other materials will be uninterrupted or error-free.
- We are not responsible for any content, data, programs, applications, or messages provided herein, or for any Internet Communication Platform that can be linked to or from the Ads.
- We make no warranty and no representation about the results that may be obtained through the service, including but not limited to content, data, programs, applications, messages, or any representations.
- We make no warranty that your use of the service, content, data, games, wallpapers, ringtones, applications and other materials does not contravene the rules, guidelines, policies of any Internet Communication Platform.
- All precautions necessary to ensure that any content, data, games, wallpapers, ringtones, applications and other materials you may obtain from the Service is free of viruses and any other malware are your sole responsibility.
LIMITATION OF LIABILITY
- It is expressly understood and agreed that your use of the service and its content, data, games, wallpapers, ringtones, applications and other materials is at your sole risk and that it is provided “as is” and “as available” without warranty of any kind.
- WE SHALL IN NO EVENT BE LIABLE UNDER THESE TERMS AND CONDITIONS FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES OF ANY KIND WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY. IN ANY EVENT, HOWEVER, MAXIMUM LIABILITY FOR ANY DAMAGES WILL BE AT PHP 300.00.ACKNOWLEDGEMENT AND CONCURRENCE TO THIS LIMITED LIABILITY IS AN INTEGRAL PART OF THIS AGREEMENT. ANY ACCOUNT OR SERVICE USER WHO DISAGREES TO ANY OF THE STIPULATIONS CONTAINED HEREIN MUST DISCONTINUE THE USE OF THE SERVICE, CANCEL, OR TERMINATE HIS/HER SERVICE ACCOUNT.
- We will not be liable for breach of this Agreement to the extent caused by or arising from prohibition or restriction by law or regulation of any Government, fire, flood, storms, weather, strike, lock-out or other labor problems, accident, riots, of acts God or for any failure or delay in performance under this Agreement, resulting from but not limited to power failures, network failures, server failures, any electronic and technical malfunction, viruses, outages to any public internet backbones, networks or servers, any failures of your equipment, any hacking, system security breaches, systems or local access services, unforeseeable disruptive behavior by our current or former employees, interruptions in internet services in areas where your servers are located or co-located, governmental action or acts of terrorism, earthquake, strikes, riots, insurrection, explosions, war, governmental action, natural disasters, or interruptions.
- You agree to indemnify and hold us, our parents, subsidiaries and affiliated organizations, and our directors, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party, including but not limited to any Internet Communication Platform due to or arising out of your use of the service, your service Account, the Site, the Network or your violation of these Terms of Service.
- Your violation of the Terms of Service, in a way that causes harm to others, will make you liable to the injured party and you agree to indemnify and hold us harmless against any liability for the harm caused.
- All questions or disputes arising from or relating to the Service including the Terms and Conditions should be communicated or submitted to us.
- We shall use reasonable efforts to resolve any dispute arising out of this Agreement.
- All interpretations of the Terms and Conditions and any provision shall be at our sole discretion. Any error in interpretation shall not constitute a breach of the Terms and Conditions.
- All disputes, differences and/or claims arising out of this Agreement, not being settled in accordance herewith shall be settled by Arbitration, the proceedings of which shall be held in Metro Manila, Philippines. The award of the Arbitration shall be final and binding on both the parties
- In the event that one or more of the provisions of this Agreement shall be determined to be invalid, unlawful or unenforceable in any respect under any law, then the same shall be deemed to be severed from this Agreement; the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
- Failure on our part to enforce any of these Terms and Conditions does not constitute a waiver of our rights and claims.
THIRD PARTY RIGHTS
- A contract under these Terms and Conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Transfer of any of your rights or obligations under these Terms and Conditions to anyone will be effective only with our written consent.
- 15.4. All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these Terms and Conditions shall prevent us from complying with the law.
This Service is owned and operated by MYPHONE