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THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE FILIPINO AUSTRALIAN ("TheFilipinoAustralian.com" "TFA" "TheFilipinoAustralian News" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR REGISTER AS A MEMBER. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE. Privacy. The Filipino Australian has a firm commitment to safeguarding your privacy. Please review The Filipino Australian's privacy policy. The terms of The Filipino Australian's privacy policy are considered part of these Terms of Use. Ownership and Copyright. This website, The Filipino Australian, is owned and operated by emanila.com pty ltd. All elements of this website, including, but not limited to, the general design and TFA content, are protected by trade dress, copyright, moral rights, trademark and other proprietary rights. In addition, you should assume that all of the content or other works featured, displayed or made available to you through this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (together, the "Content"), is protected by copyright or other proprietary rights. The use of the Content in any manner by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or where specific permission is provided elsewhere on this website. You are not entitled to duplicate, retransmit, create derivative works of, distribute, display or perform any portion or element of this website or the Content without the express permission of, in the case of the website, The Filipino Australian, and in the case of Content, the owner of that Content. This website, its Content and all related rights shall remain the exclusive property of The Filipino Australian or the respective owner thereof unless otherwise expressly agreed. Content (including photographic images) purchased or otherwise acquired by you via this website may only be used by you for personal, non-commercial purposes (i.e., not for re-sale or re-distribution) and may not be duplicated or otherwise reproduced or altered by you. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Your Conduct. The actions further described below or a breach by you of these Terms of Use, will constitute grounds for blocking your access to our service, and non-fulfillment of your order (or any part of your order), or prosecutions as the case maybe. As condition of your use of this service, you shall not: Provide any information to The Filipino Australian that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; Incorporate any Content in any advertising or promotional materials, or in materials, goods or services for which you receive fees or other consideration, whether directly or indirectly through barter, advertising, sponsorship or otherwise; Resell, license or otherwise distribute any Content, whether on a stand-alone basis, as derivative works, or incorporated into other works; Use any Content that contain recognizable persons, entities or business names in a manner that suggests their association with or endorsement of any product or service; Interfere with or disrupt (or attempt to interfere with or disrupt) this website or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this website; Use any Content that contain products, trademarks, or service marks in a manner that suggests their association with any other products or services; Remove or disable, or attempt to remove or disable, any proprietary notices or markings (including digital watermarks) that may be included with the images; or transfer or sublicense any of your rights under this license; or Use any Content in a manner that is pornographic, defamatory, libelous, or otherwise unlawful. In addition, for images purchased in hard copy (print) form or through our sendcard services, you may not recreate or reproduce the images, in whole or in part, including by photographing, photocopying, scanning, faxing or any other means. Thus, the hard copy you receive from us is the only copy you may use. The Filipino Australian reserves the right to refuse to fulfill any order, or any part of any order, if it believes that these Terms of Use have been violated. In addition, The Filipino Australian reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of The Filipino Australian or others. You shall indemnify The Filipino Australian and its subsidiaries, shareholders, directors, officers, affiliates, agents, third party content providers and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of this website or the Content and related rights. Trademarks. "The Filipino Australian" and "TheFilipinoAustralian.com", the The Filipino Australian and TheFilipinoAustralian.com logos, respectively, and all related graphics, logos and service names are the property of The Filipino Australian and TheFilipinoAustralian.com respectively. All other trademarks logos and service marks (collectively, the "Trademarks") appearing on this website are Trademarks of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of its respective owner. Your use of the Trademarks displayed on this website, or any other content on this website, except as provided in these Terms of Use, is strictly prohibited. The Filipino Australian respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this service, please contact the Information Officer of TheFilipinoAustralian.com for notice of claims of copyright infringement. Our Information Officer can be reached at copyright_issues@thefilipinoaustralian.com. You must provide our Information Officer with the following information, which The Filipino Australian may then forward to the alleged infringer: (i) Describe the copyrighted work that you believe has been infringed; (ii) Identify the material on this website that you believe infringes your work, with enough detail so that we may locate it on this website; (iii) Provide your address, telephone number, and email address; (iv) Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) Declare under penalty of perjury that (a) the information you have provided to us is accurate, and (b) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and, (vi) Provide your physical or electronic signature. Upon receiving your complaint, The Filipino Australian may remove content that you believe infringes your copyright. In addition, The Filipino Australian may terminate the account of the member who appears to be infringing your intellectual property rights. Disclaimers. THIS WEBSITE, THE CONTENT AND ITEMS THAT MAY BE SOLD ON THIS WEBSITE ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. The Filipino Australian EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE FILIPINO AUSTRALIAN NOR ITS DEVELOPERS AND MANAGERS, COMPUCENTRIC CONSULTING PTY LTD, NOR THEIR DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES, REPRESENTATIVES OR AGENTS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR PROVISION OF, INABILITY TO USE, OR PERFORMANCE OF, THIS WEBSITE, The Filipino Australian'S SERVICES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, EVEN IF The Filipino Australian HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT The Filipino Australian, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. The Filipino Australian uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. There may be links to other websites from the The Filipino Australian website; however, these other websites are not controlled by The Filipino Australian and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against The Filipino Australian regarding the inclusion of links to outside websites or your use of those websites. Governing Law, Venue and Arbitration. This Agreement shall be interpreted, construed and governed by the laws of the Commonwealth of Australia. Venue for all disputes arising under this Agreement shall lie exclusively in the State of New South Wales. Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, The Filipino Australian shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of The Filipino Australian, such action is necessary or desirable beyond that relief immediately afforded through an arbitration proceeding. No Waiver, Severability. No action of The Filipino Australian, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms of Use. Should any clause of these Terms of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. © 2007 The Filipino Australian. All rights reserved. By clicking 'I agree' below you agree to be bound by these conditions.

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