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Terms
of Use Agreement |
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Welcome
to our Web Site. By using our site, you agree to comply with and
be bound by the following terms of use. Please review the following
terms carefully. If you do not agree to these terms, you should
not use this site. The term “BLGF” or “us”
or “our” refers to the Bureau of Local Government Finance,
the owner of the Web Site. The term “you” refers to
the user or viewer of our Web Site. The word “Agreement”
refers to the Terms of Use Agreement. The word “Site”
refers to this Web Site. |
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Acceptance
of Agreement.
You agree to the terms and conditions outlined in this Agreement
with respect to our Site. This Agreement constitutes the entire
agreement between you and us, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the Site, the content, or services provided by or
through the Site, and the subject matter of the Agreement. This
Agreement may be amended at any time by us from time to time
without specific notice to you. The latest Agreement will be
posted on the Site, and you should review this Agreement prior
to using the Site.
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Service
Marks. “blgf.gov.ph” and others
are our service marks or registered service marks or trademarks.
Other product and company names mentioned on the Site may be
trademarks of their respective owners.
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Usage
of the Site. This site is designed for your
use to obtain the information regarding data and relevant information
on the BLGF and its functions. Said information is free for
the public.
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Restrictions
and Prohibitions on Use. Your license to access
and use of the Site and any information, materials or documents
(“Contents and Materials”) therein are subject to
the following restrictions and prohibitions on use; You may
not (a) sell, rent, lease, loan or otherwise make available
in any form or by any means all or any portion of the Site or
any Content and Materials retrieved from it; (b) use the Site
or any materials obtained from the Site to develop, as a component
of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing
or hereafter developed), that is offered for commercial distribution
of any kind, including through sale, license, lease, rental,
subscription, or any other commercial distribution mechanism;
(c) remove, decompile, disassemble or reverse engineer any Site
software or use any network monitoring or discovery software
to determine the Site architecture; (d) use any automatic or
manual process to harvest information from the Site; (e) use
the Site for the purpose of gathering information for or transmitting
(1) unsolicited commercial e-mail; (2) e-mail that makes use
of headers, invalid or non-existent domain names, or other means
of deceptive addressing; and (3) unsolicited telephone calls
or facsimile transmissions; (f) use the Site in a manner that
violate any law regulating e-mail, facsimile transmissions or
telephone solicitations; and (g) export or re-export the Site
or any portion thereof, or any software available on or through
the Site, in violation of the export control laws or regulations
of the Philippines.
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Forms,
Agreements and Documents.
We make available through the Site or through other Web sites
sample and actual forms, business documents and legal documents
(“Documents’). All documents are provided on a non-exclusive
license basis only for your personal use, for non-commercial
purposes, without any right to re-license, sublicense, distribute,
assign or transfer such license. Documents are provided without
charge and without any representations or warranties, express
or implied, as to their suitability, legal effect, completeness,
currentness, accuracy, and/or appropriateness. The Documents
are provided “as is”, “as available”,
and with “all faults”, and we and any provider of
the documents disclaim any warranties, including but not limited
to the fitness for a particular purpose. The documents may be
inappropriate for your particular circumstances. Furthermore,
laws in your jurisdiction may require different or additional
provisions to ensure the desired result. You should consult
with your local legal counsel to determine the appropriate legal
or business documents necessary for your particular transaction,
as the Documents are only samples and may not be applicable
to particular situation. Some documents are public documents
or available from public records.
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Policy
on Unsolicited Commercial E-mail. We do not
authorize the use of the Site for purposes of gathering information
for or transmitting unsolicited bulk commercial e-mail over
the Internet to persons or entities listed on the Site or other
third parties. You are prohibited from harvesting e-mail addresses
from the Site for the purpose of sending unsolicited bulk commercial
e-mail.
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No
Legal Advice or Attorney-Client Relationship.
Information contained or made available through the Site is
not intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstances and no attorney-client
relationship is formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained
in or linked to the Site. Your use of information on the Site
or materials linked to the Site is entirely at your own risk.
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Linking
to the Site. You may provide links to the Site
with the approval of the BLGF, provided (a) that you do not
remove or obscure, by framing or otherwise, the copyright notice,
or other notices on the Site; (b) your site does not engage
in illegal or pornographic activities; and (c) you discontinue
providing links to the Site immediately upon request from us.
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Registration.
Certain sections of the Site 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 your real name and accurate information. Each registration
is for your personal use only. We do not permit (a) any other
person using the registered sections under your name; or (b)
access through a single name being made available to multiple
users on network. You are responsible for preventing such unauthorized
use.
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Errors, Corrections and Changes.
We do not represent or warrant that the Site 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 Site will be correct, accurate,
timely or otherwise reliable. We may make changes to the features,
functionality or content of the Site at any time. We reserve
the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
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Third
Party Content/Copyright. Third party content
may appear on the Site or may be accessible via links from the
Site. We are not responsible for and assume no liability for
any mistakes, misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content on the Site. You
understand that the information and opinions in the third party
content represent solely the thoughts of the author and is neither
endorsed by nor does it reflect our belief.
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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, e-mail addresses, usage history,
posted materials, IP addresses and traffic information.
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Indemnification.
You agree to indemnify, defend and hold us and our agents, officers,
directors, employees, successors, assigns, third party suppliers
of information and documents, attorneys, harmless from any liability,
loss, claim and expense, including reasonable attorney’s
fees, related to your violation of this Agreement or use of
the Site.
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Nontransferable.
Your right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information or
documents is not transferable or assignable.
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Limitation
of Liability. We shall not be liable for any
loss, injury, claim, liability, or damage of any kind resulting
in any way from (a) any errors in or omissions from the Site
or any services obtainable therefore, (b) the unavailability
or interruption of the Site or any features thereof, (c) your
use of the Site, or (d) the content contained on the Site.
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Use
of Information.
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses 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 (“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. 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 purpose whatsoever, without compensation to you or any
other person 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 same,
including its legality, reliability, appropriateness, and copyright.
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Privacy Policy.
This Site is provided as a public service by the ERC. Safeguarding
the privacy of individuals who visit our Site is of utmost importance
to us.
The information we receive and what we do with it depends on
what you do while visiting our Site. Except as needed to protect
our Site’s security, we do not even try to identify individual
users or their usage patterns. Individuals using our system
without authority are subject to having all of their activities
on our system monitored and recorded by our computer system
personnel. In the course of monitoring individuals improperly
using this system, or in the course of system maintenance, the
activities of authorized users may also be monitored. Anyone
using this system expressly consents to such monitoring and
is advised that if such monitoring reveals possible evidence
of criminal activity, our computer system personnel may provide
the evidence of such monitoring to law enforcement officials.
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If
you identify yourself by sending e-mail, we use your personal
information to process your request, question, etc. Your
message may be forwarded, as e-mail to our other employees
who are better able to help you. Except as noted, we never
disclose personal information to third parties except
to further the purpose for which you provide the information
( such as forwarding your question to another place that
may be better able to provide assistance) or if disclosure
is required by law.
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Data
explicitly submitted to us through the filling-out of
on-line forms (e.g. electronic filing) is handled and
saved in accordance with the E-Commerce Law and in accordance
with our rules and regulations.
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Information
and Press Releases.
The Site contains information and press releases about us. We
disclaim any duty or obligation to update this information or
any press releases. Information about companies other than ours
contained in the press release or otherwise, should not be relied
upon as being provided or endorsed by us.
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Legal
Compliance.
We agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use
of the Site and the Content and Materials provided therein.
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Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in Manila City, Philippines, and shall be governed
by and construed in accordance with laws of the Philippines
(without regard to conflict of law principles). Any cause of
action with respect to the Site (and/or information, documents,
or services related thereto) must be instituted within one (1)
year after the cause of action arose or will forever be waived
and barred. All actions shall be subject to our Disclaimer.
The language in this Agreement shall be interpreted as to its
fair meaning and not strictly for or against any party. This
Agreement and all incorporated agreements and your information
may be automatically assigned to us in our sole discretion to
a third party in the event of our being abolished or merged
or reorganized. Should any part of this Agreement be held invalid
or unenforceable, that portion shall be construed consistent
with applicable law and the remaining portions shall remain
in full force and effect. To the extent that anything in or
associated with the Site 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.
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Arbitration.
Any legal controversy or legal claim arising out or relating
to this Agreement or our services, excluding legal action taken
by us to collect or recover damages for or obtain any injunction
relating thereto, Site operations, intellectual property, and
our services, shall be settled by binding arbitration in accordance
with existing Philippine laws, rules and regulations. Any such
controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration shall be
done in City of Manila. All judicial processes in connection
therewith shall be in the same venue.
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