Foozap Terms of Service
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.foozap.ph website and Foozap application (the "Service") operated by Foozap – Primer Media, Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms directly applies to all registered Foozap account users.
By creating an account with us, you agree to be bound by these Terms. If you disagree with any part of the Terms then it is your discretion not to use the Service.
Last updated: August 14, 2015
By creating an account with us, users must provide accurate, complete and up to date information at all times. Sharing false information may result to immediate termination of your Foozap account.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
Foozap has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Foozap shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
The term “User Contents” pertains to photos, comments, and other forms of data shared with us via the Service. “Foozap contents” are contents shared, created and are made available by us for anyone who uses the Service. “Site contents” are all of the contents that are available in the site including all user contents and Foozap contents. We reserve the right to screen all photo uploads, comments and other contents shared by the users. We may remove, edit or modify User Contents according to our standards. Deleted User Contents will be kept by Foozap for record and data purposes. We understand that there might be contents that others may find offensive, inappropriate or indecent. In view of this we advise our users to use this service at their own risk. Users agree that Foozap is not liable for any damages that may occur as a result of the user uploaded contents. The user is responsible for whatever content they share on the site. Materials that are false, defamatory, racist, insulting, sexual and infringes copy right, trademark, patent, privacy rights and other propriety rights of other person/s will be associated to the user. Uploading materials that are deemed to be harmful will be deleted by Foozap as well as the user’s account. Foozap reserves the right to use and publish any content shared by the user on the site. By sharing any content on the site, you allow and grant Foozap the right to use, revise and publish the same. Further, you grant Foozap a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content. We may display user shared contents and information and this will not entitle you to any compensation from us in any form. In addition, by sharing contents on the site, you give a warranty that you are the owner of such contents and/or if you are not the owner thereof, you assure that you have obtained consent from the owner to use the same and grant a sub-license to another to use the said contents. By using this service you also recognize that all contents and information are stored and kept by Foozap. We reserve the right to use deleted Site Contents to our discretion.
Changes with the Terms of Service
It is our sole discretion to modify these terms at any time. The contents and updates will be determined by our sole discretion. Upon posting the updated version of the terms of service, it will be considered as the start of its effectivity.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms or our existing terms, you may discontinue the use of our service.
Upon updating our terms of service, we will update the ‘last updated’ date at the end of this agreement.
Eligibility to Use this Service
Anyone who is 13 and above and can form an agreement with Foozap is welcome to use this Service. Any use of this Service by someone who is under the age of 13 is prohibited and is a direct violation of this agreement. This Service is intended for personal use only and may not be used for any commercial purposes.
We reserve the right to refuse service to anyone for no or any reason at any time.
Subject to the terms and conditions of this agreement, Foozap allows you to use this Service only for your personal use. Commercial use of the Service will qualify for automatic cancellation of your account and barring to use this Service.
We value your suggestions and comments for these will help us make our Service better. You may voluntarily provide these information or we may solicit feedback from you once in a while. By sending in your feedback, you agree that the disclosure is free and of your choice. Foozap will not be liable to any obligation in reciprocating the gesture. We will be able to freely use the feedback at any time.
You understand that feedback sent should not contain confidential information, malicious contents and harmful files which includes computer viruses and the like.
By using our service you agree to hold Foozap, its parents, subsidiaries, affiliates, users, employees, partners and other related companies harmless and against any and all claims, damages, obligations, liabilities, losses, debts or costs, and expenses that may arise from (i) your use of Foozap and its services, (ii) violation of the terms of this service, (iii) how you use and interpret the contents, (iv) any service obtained by you in connection with the Site, (v) infringement by you or any third party using your account, (v) of any intellectual property or other right or any person or entity. Foozap reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree that such matters shall not be subject to settlement without prior written consent of Foozap. We will be doing our best to notify you of any matter if such claims arise.
Limitations of Liability
This service is made available to the users “as is”, “with faults” and at an “as available” basis. Users understand that Foozap may not monitor, check, control and screen User Contents. As the user, you use the site at your own risk. Foozap does not make any claims or promises about the quality and accuracy of the contents displayed. Any false information, loss or damage that might arise from the use of the service is out of Foozap’s liability. We do not guarantee that the service will be available at any time or location, uninterrupted or secure. We cannot promise that the service is free of errors and defects or that it is free from harmful components. Foozap will not be responsible for damages or loss resulting from hacking, tampering or any unauthorized access or use of our service or your personal account. Any content are acquired at your own risk and any damage that it will cost will be your sole responsibility.
It is your sole and exclusive right and remedy in case of dissatisfaction to the service or any other grievance to discontinue the use and access to Foozap.
The abovementioned limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Termination of your Account and Access to the Service
We may terminate or limit your access to the Service at any time, with or without cause or notification when suspected or when it is proven that you have broken any part of the terms and conditions.
In the event of terminating access to the Service, we may still continue using previously shared User contents subject to our discretion.
Copy Right Infringement
We presume that all User Contents are owned by their respective uploaders. We are not liable for any infringement of copyright which may be committed by us and/or by third parties. For concerns please contact us at firstname.lastname@example.org.
The Agreement shall be construed and governed by the laws of the Philippines. All parties irrevocably submits to the jurisdiction of the courts only and exclusively in the Philippines for the purpose of enforcing a right or obligation under or arising out of this agreement. Any legal action against us must be commenced within one (1) year from the occurrence of the alleged harm. Failure to commence the action within the aforesaid period shall forever bar any claims or causes of action. On the other hand, failure on our part to enforce or exercise any provision of these Terms or any related right shall be a waiver of enforcing that right or provision.
We reserve the right to modify, update or terminate the site at our own personal discretion at any time, for any or no reason at all, with or without notice.
There is no agency, partnership or employment that is created by this agreement and you do not have any such power to bind with Foozap.
By providing us your email address and other details, you are entitled to receive announcements and notifications from us. We may send notifications to the users and in any possible means.
We are not responsible for any third party fees that materialized by using this Service which includes but are not limited to, internet or mobile fees.
This agreement is nontransferable except with Foozap’s written consent.