following shall govern the access and use of the services in www.mmsgallery.suncellular.com.ph.
Digitel Mobile Phils., Inc. reserves the right to modify this agreement
or any part hereof at anytime, and such modifications shall be effective
immediately upon posting. You are enjoined to review the agreement periodically
and your continued access or use of the service shall be deemed your conclusive
acceptance of the modified agreement.
All materials contained in or available through this site including, but
not limited to any information, communications, images, sounds, and/or
downloadable materials are copyright of Digitel Mobile or its affiliates,
content providers or third parties and may not be copied, reproduced,
downloaded, modified, republished, posted, transmitted, or distributed
in any form or by any means including but not limited to electronic, recording
or mechanical photocopying without the prior written permission of Digitel
Mobile. Permission is granted to electronically copy and to print hard
copy of parts of the site but only for personal viewing purposes. All
content or material contained and/or accessed within this website or provided
by www.mmsgallery.suncellular.com.ph are for personal use only and may
not be used for commercial purposes or distributed commercially.
All trademarks, trade names and service marks (collectively the "Marks")
are proprietary to Digitel Mobile or other respective owners that have
granted Digitel Mobile the right and license to use such Marks.
Use of www.mmsgallery.suncellular.com.ph
Except for information, products or services clearly identified as being
supplied by Digitel Mobile, Digitel Mobile does not in any way operate,
control or endorse any information, products or services on the Internet
which are offered by other entities or third parties that are not affiliated
with Digitel Mobile. Digitel Mobile cannot and does not guarantee that
the functions or content contained in this site will be uninterrupted
or error free, that the defects will be corrected, or that files available
for downloading through the MMSGallery website will be free of infection
or viruses, worms, or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures
to satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to www.mmsgallery.suncellular.com.ph
for the reconstruction of any lost data. You therefore agree to take full
responsibility and risk for your use of MMSGallery website and the Internet.
www.mmsgallery.suncellular.com.ph is accessed via the World Wide Web that
is independent of SunCellular.com.ph and Digitel Mobile. Your use of the
service is solely at your own risk and subject to applicable national
and international laws and regulations. Digitel Mobile will not be responsible
for any information or service obtained by you using the World Wide Web.
4. Limitation of Liability
In no event shall Digitel Mobile be liable for: i. Any and all damages
including but not limited to direct, indirect, incidental or consequential
damages arising out of the use of or inability of the service or any information,
or transactions provided in www.mmsgallery.suncellular.com.ph or downloaded
or hyper-linked or ii. Any claim attributable to errors, omissions, or
other inaccuracies in the www.mmsgallery.suncellular.com.ph and/or materials
or information downloaded through or hyper-linked from www.mmsgallery.suncellular.com.ph.
You agree to indemnify, defend and hold harmless Digitel Mobile, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to www.suncellular.com.ph from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of this agreement by you. Notwithstanding the following,
you hold Digitel Mobile free and harmless from suit or action arising
from improper use of data, unauthorized intrusion into the site and unlawful
exposure of data.
Third Party Rights.
The provisions stated in paragraphs 3 (Use of suncellular.com.ph), and
5 (Indemnification) are for the benefit of Digitel Mobile and its officers,
directors, employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly against
you on its own behalf.
THE CONTENT, INFORMATION, SERVICES, PRODUCTS, AND MATERIALS ACCESSED,
CONTAINED OR FOUND IN THIS WEB SITE, INCLUDING BUT WITHOUT LIMITATION
TO, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS
WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, DIGITEL Mobile DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED
WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN
ADDITION, DIGITEL Mobile DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION
ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.
8. Member Conduct.
This web site may not be used for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. www.mmsgallery.suncellular.com.ph
is provided for personal use only. You agree to use www.mmsgallery.suncellular.com.ph
only to send and receive personal messages, download items for personal
use such as but not limited to text, graphics, ring
tones, pictures. Any unauthorized commercial use of the web site, or the
resale of its services, is expressly prohibited. You agree to abide by
all applicable local, state, national and international laws and regulations
and are solely responsible for all acts or omissions that occur under
your account or password, including the content of your transmissions
through www.mmsgallery.suncellular.com.ph. Such unlawful or prohibited
use includes, but are not limited to, the following:
· Use MMSGallery website in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any
duplicative or unsolicited messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten, or otherwise violate
the legal rights (such as rights of privacy and publicity)
· Publish, distribute or disseminate any offensive, vulgar, inappropriate,
profane, defamatory, infringing, obscene, indecent, pornographic,
or unlawful material or information.
· Advertise or offer to sell or buy any goods or services for any
· Harvest or otherwise collect information about others, including
email addresses, without their consent.
· Create false identity for the purpose of misleading others as
to the identity of the sender or the origin of a message.
· Use, download or otherwise copy, or provide (whether or not for
a fee) to a person or entity that is not a MMSGallery website
member any directory of MMSGallery website members or other user or usage
information or any portion thereof other than in the context
of your use of www.mmsgallery.suncellular.com.ph under the TOS.
· Transmit or upload any material that contains viruses, Trojan
horses, worms, time bombs, cancel bots, or any other harmful
or deleterious programs.
· Transmit or upload any material that contains software or other
material protected by intellectual property laws, rights of
privacy or publicity or any other applicable law unless you own or control
the rights thereto or have received all necessary consents.
· Interfere with or disrupt networks connected to MMSGallery website
or violate regulations, policies or procedures of such networks.
· Attempt to gain unauthorized access to www.mmsgallery.suncellular.com.ph,
other accounts, computer systems or networks connected to
www.mmsgallery.suncellular.com.ph through any available means.
· Violate any applicable laws or regulations including, without
limitation, laws regarding the transmission of technical data
or software exported from the any country through MMSGallery website.
· Interfere with another member's use and enjoyment of MMSGallery
website or another individual's or entity's use and enjoyment
of similar services.
9. Member Obligations.
You understand that while www.mmsgallery.suncellular.com.ph has various
internal security measures designed to protect its users, you hereby obligate
yourself to use precautions when using MMSGallery website to further minimize
the probability of hacking, fraudulence or any unauthorized transactions.
You affirm to use your assigned access name or password every time you
use MMSGallery website. You shall be responsible and liable for all transactions
made through the use of your assigned access name or code. You acknowledge
that logging off after using www.mmsgallery.suncellular.com.ph is required
and necessary to prevent unauthorized access to your account. You assent
to clear the history and cache of your web browser.