Terms of Use

1. Acceptance of the Agreement

You agree to the terms and conditions outlined in the Terms of Use and Agreement (“Agreement”). This Agreement constitutes the entire and only agreement between the System and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the facilities, the content, products or services provided by or through the facilities, and the subject matter of this Agreement. This Terms of Use and Agreement may be amended from time to time without prior notice and such changes will be posted in the facilities. Your use of the facilities after the said posting signifies your agreement to the modified Terms of Use and Agreement.

2. Copyright

The contents, organizations, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the facilities are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the facilities, is strictly prohibited unless permission is granted in writing. You do not acquire ownership rights to any content, document or other materials viewed through the facilities. The posting of information or materials on the facilities does not constitute a waiver of any right of the LGU in such information and materials. Some of the contents on the facilities are the copyrighted work of other government agencies.

All rights and interest in the contents are owned, licensed and controlled by City of Bayawan.

3. Service Marks

the City of Bayawan logo is a service mark of the City of Bayawan. All other trademarks, tradenames, service marks and logos used on the facilities are property of their respective owners.

4. Limited License or Permitted Use

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the facilities strictly in accordance with this Agreement; (b) to use the facilities solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other polices contained therein. You may not copy, store, either in hard copy or in electronic retrieval system, transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, license, rent, lease or otherwise transfer any of the Contents to any third person, including others in your company or organization, whether for direct commercial or monetary gain or otherwise without prior written consent of the City of Bayawan or its third party provider (if applicable).

No printout or electronic version of any part of the facilities or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

5. Forms, Agreements and Documents

We may make available through the facilities downloadable forms, checklists and legal documents (collectively, “Documents”) that can be used in your transactions with us. All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for free and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, modernity, accuracy, and/or appropriateness.

6. Registration

Certain sections of, or offerings from, the facilities may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using accurate information. Each registration is for your personal use only. You are responsible to prevent unauthorized use of the facilities using your registration information.

7. Errors, Corrections and Changes

We do not represent or warrant that the facilities will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the facilities will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the facilities at any time without any notification in advance. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the facilities.

The City Government of Bayawan shall not hold any liabilities for any damages resulting from the use or inability to use, errors or omissions of any materials published in the facilities.

8. Third Party Content

Third party content from other government agencies may appear on the facilities or may be accessible via links from the facilities. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood in the statements, opinions, representations or any other form of content thereon. We are not liable for any damages or loss arising from access to those websites. It must be understood that those other websites are governed by its own rules, privacy policy and regulations. Use of the hyperlinks and access to such linked websites are entirely at your own risk. You understand that the information and opinions in the third-party content represent solely the thoughts of the owner and is neither endorsed by nor does it necessarily reflect our belief. You may also check out the terms and policies of those websites.

9. Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

City Government of Bayawan reserves all rights to deny or restrict access to the facilities any particular person/entity, or block any IP addresses from accessing the facilities at any time, without using any reasons whatsoever.

10. Indemnification

You agree to indemnify, defend and hold us and our partners, officers, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the facilities.

11. Non-Transferable

Your right to use the facilities is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

12. Disclaimer

Due to the number of sources from which the Contents are obtained, and inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in the Contents and although the Contents have been obtained from reliable sources, they are provided to you as presented, without warranties of any kind. The information and services may contain bugs, errors, problems or other limitations. We have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we are not liable for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. These facilities and the products, services, documents and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the facilities or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.

All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.

13. Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding facilities used by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

14. Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

City of Bayawan is committed to ensure that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the facilities, you can be assured that it will only be used in accordance with this privacy statement.

Information intended to be directly published and would not pass through filtering or moderation process upon submission is solely at your own risk. The City Government of Bayawan shall not be held liable by the said publication.

15. Miscellaneous

This Agreement shall be treated as though it were executed and performed in the City of Bayawan, Philippines, and shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any cause of action by you with respect to the facilities (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us at our sole discretion to a third party in the event of an acquisition or outsourcing. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and enforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the facilities is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.

16. Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to facilities operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of the Republic of the Philippines applicable at the time the arbitration commences. The arbitration shall be conducted in the City of Bayawan, Philippines. Each party shall bear its own attorneys’ fees.

17. Termination

You agree that the City of Bayawan, in its sole discretion, may remove and discard any content that you have posted on the facilities, for any reason, including, without limitation, for lack of use or if City of Bayawan, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or that you are a repeat infringer of intellectual property rights. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that the City of Bayawan may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the facilities. Further, you agree that the City of Bayawan shall not be liable to you or any third-party for any termination of your access to the facilities.