Terms
of Use
The www.singermanila.com.ph website including any sub-site accessible
through the homepage (the "Site") is published and maintained
by Singer Philippines Incorporated and its affiliates and related
entities (hereinafter referred to as "Singer", "Singer
Philippines", "we", "our" or "us")
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. SINGER
PHILIPPINES MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF THE SITE SHALL BE DEEMED YOUR ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Trademarks and License
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are
Singer, its affiliates, related entities or other third party licensors.
There are a number of proprietary logos, service marks and trademarks
found on this Site. By making them available on this Site, Singer or
Singer Philippines does not grant you any license to utilize such
proprietary logos, service marks or trademarks. YOU MAY NOT MODIFY,
COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN
ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, IMAGES,
AUDIO, VIDEO, CODE AND/OR SOFTWARE ("CONTENT"). You cannot use
the content except as specified herein. Any unauthorized use of the
Content may violate trademark laws, copyright laws, privacy and
publicity laws and civil and criminal statutes. You may print and
download portions of the Content from the different areas of the Site
solely for your own non-commercial use, provided that you agree not to
change or delete any copyright or proprietary notices from the Content.
As long as you comply with the terms of these Terms and Conditions of
Use and provided you agree not to interrupt or attempt to interrupt the
operation of this Site in any way, Singer grants you a non-exclusive,
non-transferable, limited right to enter, display and use this Site.
2. User Supplied Material
In the event that you send any communications or materials including any
comments, data, questions, suggestions, or the like, to the Site by
electronic mail or otherwise, all such communications or materials are,
and will be treated as, non-confidential and non-proprietary subject to
the provisions of our Online Privacy Policy. Thus, you give up any claim that any
use of such material violates any of your rights including moral rights,
privacy rights, proprietary or other property rights, publicity rights,
rights to credit for material or ideas, or any other right, including
the right to approve the way Singer uses such material.
Any communications or materials submitted to this Site may be adapted,
broadcast, changed, copied, disclosed, licensed, performed, posted,
published, sold, transmitted, or used by Singer Philippines anywhere in
the world, in any medium, forever. Furthermore, Singer Philippines is
free to use, without any compensation to you, any concepts, ideas,
know-how, or techniques contained in any communication you send to the
Site for any purpose whatsoever, including but not limited to
developing, manufacturing, and marketing products using such
information. However, you agree and understand that Singer Philippines
is not obligated to use any such ideas or materials, and you have no
rights to compel such use.
3. Use of the Site
You understand that, except for information, products or services
clearly identified as being supplied by Singer Philippines , Singer
Philippines does not operate, control or endorse any information,
products or services on the Internet in any way. Except for Singer-
identified information, products or services, all information, products
and services offered through the Site or on the Internet generally are
offered by third parties that are not affiliated with Singer. YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
SINGER PROVIDES THE SITE AND RELATED INFORMATION (INCLUDING ALL CONTENT
AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE OR CONTENT MADE AVAILABLE OR PUBLISHED ON THE SITE. SINGER
PHILIPPINES DOES NOT WARRANT THAT THE SERVER THAT MAKES THIS SITE
AVAILABLE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF VIRUSES OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU
ACCESS SUCH MATERIALS AT YOUR RISK. SINGER PHILIPPINES HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
4. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED
TO, SINGER'S NEGLIGENCE, WILL SINGER PHILIPPINES OR ANY OF ITS OFFICERS
OR DIRECTORS NOR ANY OF ITS AGENTS OR ANY PARTY INVOLVED IN CREATING,
PRODUCING OR DELIVERING THIS SITE WILL BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED
ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SITE WHETHER BASED ON CONTRACT,
STRICT LIABILITY OR OTHERWISE, EVEN IF SINGER OR ITS AUTHORIZED
RESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy of data
input and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
Singer Philippines makes no representations whatsoever about any other
website which you may access through this one or which may link to this
Site. When you access a non-Singer website, please understand that it is
independent from Singer Philippines, and that Singer Philippines has no
control over the content on that website. In addition, a link to a
Singer Philippines's website does not mean that Singer Philippines
endorses or accepts any responsibility for the content, or the use, of
such website.
5. Indemnification.
You agree to indemnify, defend and hold harmless Singer Philippines, its
officers, directors, employees, agents, licensors and licensees,
suppliers and any third party information providers to the Site
("Indemnified Parties") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees incurred by the
Indemnified Parties, resulting from any breach or violation of these
Terms and Conditions of Use or the foregoing representations, warranties
and covenants (including negligent or wrongful conduct) by you or any
other person accessing the Site.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5
(Indemnification) are for the benefit of Singer Philippines and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Site. Each of these individuals
or entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
7. Termination.
This Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Trademarks), 2 (User Supplied Material), 3 (Use of the Site), 5
(Indemnification), 6 (Third Party Rights) and 8 (General Provisions)
shall survive any termination of this Agreement.
8. General Provisions.
This Agreement, together with any additional terms posted on this Site
constitute the entire Agreement between Singer Philippines and you and
shall all be governed, construed, enforced and performed in accordance with the laws of the
Philippines. You agree that any legal action or proceeding between
Singer Philippines and you for any purpose concerning this Agreement or
the parties' obligations hereunder shall be brought exclusively to the
courts of Manila, Philippines. If for any reason these Terms and Conditions
of Use or a portion thereof are deemed to be unenforceable, the
remainder of these Terms and Conditions of Use shall continue in full
force and effect. Any cause of action or claim you may have with respect
to your use of this Site must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of action is
barred. Singer Philippines's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as
a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision
of this Agreement. Singer Philippines may assign its rights and duties
under this Agreement to any party at any time without notice to you. Any
rights not expressly granted herein are reserved.
Copyright 2004 Singer Corporation. All rights reserved.