PADTECH CORP. acts as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Platform. You hereby acknowledge and agree that by using PADTECH CORP. does not in any way make PADTECH CORP. involved in such transactions. PADTECH CORP. is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk.
You understand that PADTECH CORP. does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside PADTECH CORP. domain or other means of electronic communication, or SMS messages or calls, whether through the Platform or another third party website or offerings, comments, user profiles or postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service ("CONTENT"), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
You acknowledge and agree that PADTECH CORP. cannot and does not pre-screen or approve any Content, but that PADTECH CORP. has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to PADTECH CORP. knowledge or for any other reason or no reason at all.
Furthermore, the Platform and Content available through the Platform may contain links to other third party websites which are completely unrelated to PADTECH CORP. If you access the link to third party websites, you may be subject to those third party websites’ terms and conditions and other policies. PADTECH CORP. makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such third party websites, and your linking to any other websites is completely voluntary and at your own risk and PADTECH CORP. disclaims all liability thereto.
You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to have, for such time the Content is available on the Platform, the necessary legal capacity, authority, licenses, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation: all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and hereby authorize PADTECH CORP. to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms.
You retain all of your ownership rights in your Content, however, by submitting any Content on the Platform, you hereby grant to PADTECH CORP. an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and PADTECH CORP. (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by PADTECH CORP. in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to PADTECH CORP. all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, PADTECH CORP. may offer the facility of automatically capturing of the "Description" of your ad based on the images uploaded by you. PADTECH CORP. makes no warranty as to the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your ad is live.
PADTECH CORP. does not permit any infringement of intellectual property rights on the Platform, and PADTECH CORP. may, at its sole discretion, remove any infringing Content if PADTECH CORP. is properly notified, and the same is identified in accordance with applicable laws as being such Content that verifiably infringes on another's intellectual property rights. Unless properly identified and proven to be infringing Content, PADTECH CORP. may not be compelled, and is under no obligation to remove the same without proper orders from the court. PADTECH CORP., however, may at its sole discretion, upon being satisfied that the Content appears to be infringing Content, remove the same immediately.
PADTECH CORP. reserves the right to remove any Content without prior notice. PADTECH CORP. may also terminate a user's access to the Platform, if they are determined to be an infringer, a repeat infringer or found to be indulging in any act contrary to the law or these Terms. Further, at its sole discretion, PADTECH CORP. reserves the right to decide whether any Content is appropriate and complies with these Terms.
PADTECH CORP. may charge a fee to post Content in some areas of the Service. The fee permits certain Content to be posted in a designated area of the Platform or in excess of limits set by PADTECH CORP. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms. Paid Services are subject to the Terms listed herein, as well as the additional terms of service as provided.
For Premium Users of PADTECH CORP., the Advertising Services are automatically renewed for consecutive subsequent periods (each a "Renewal Period") equal in length to the initial term (the "Initial Term") (Renewal Period and Initial Term collectively referred to as the "Term"), unless the client gives PADTECH CORP. a written notice of non-renewal at least 3 months before the end of the Initial Term or any Renewal Period. Notwithstanding the foregoing, PADTECH CORP. may at its discretion cease offering Guaranteed Placement products in high demand markets/categories to the client where PADTECH CORP. has been unable to attain the client's confirmation of renewal.
The client acknowledges that PADTECH CORP. may, from time to time, change the date any Initial Term or Renewal Period, typically of 12 months, may be reduced or increased, at PADTECH CORP. sole discretion, and the corresponding Fees reduced or increased proportionally to the reduction or increase in the Initial Term or the Renewal Period. The parties agree that no adjustment to the Fees shall be made when the Initial Term or Renewal Period is not reduced or extended by more than 1 month.
The Fees due pursuant to this Contract may be increased annually by PADTECH CORP., in accordance with its standard practices. The client shall pay PADTECH CORP. the increased Fees upon receipt of a notice of increase from PADTECH CORP.
The client undertakes to pay the Fees due pursuant to this Contract upon receipt of PADTECH CORP. invoice which may be included in the client's telephone service provider's invoice or forwarded directly by PADTECH CORP. An interest rate of 1.25% per month compounded monthly (16.07 % per year) applies to any amount remaining unpaid 1 month following receipt of the invoice.
You acknowledge and agree that the materials on the Platform, other than user Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, designs, layouts, and the like ("MATERIALS") and the trademarks, service marks and logos contained therein ("MARKS"), are owned by or licensed to PADTECH CORP., and are subject to copyright and other intellectual property rights under relevant local laws, foreign laws and international treaties and/or conventions.
In connection with the Services, the Platform may display certain trademarks belonging to third parties. PADTECH CORP. does not claim ownership over these trademarks. Use of these trademarks may be subject to license granted by third parties to PADTECH CORP. You shall, in no event, reverse engineer, decompile, or disassemble such materials and nothing herein shall be construed to grant you any right in relation to such materials. Materials on the Platform are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
PADTECH CORP. reserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein.
You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Platform or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. PADTECH CORP. is a service mark registered with the Intellectual Property Office of the Philippines, as well as in patent and trademark authorities in various other jurisdictions.
You agree to indemnify, defend, and hold harmless PADTECH CORP. as well as all of its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, service providers, predecessors, successors and assigns from and against any and all losses, risks, claims, obligations, actions, debts and expenses, including attorney’s fees and legal costs, including those brought by third parties arising from: (i) your use of and access to the Platform and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property right; or (iv) any claim that your Content caused damage to a third party, and (iv) for any other breach, act or omission, fault or negligence, contributory or otherwise, on your part including breaches of the obligations on confidentiality and data privacy arising out of the performance or non-performance of the duties and responsibilities set forth in these Terms and from alleged violations of, or noncompliance with, relevant laws. This defense and indemnification obligation survives termination, modification or expiration of these Terms and your use of the Service and the Platform.
You acknowledge and agree that PADTECH CORP. may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency and the manner in which you may access the Service or the Platform. You acknowledge that your account is identified and linked through your mobile number, Facebook account or email address through which you have registered. In the event you have more than one account linked through your mobile number, Facebook account or email address, PADTECH CORP. reserves the right to remove or restrict the usage of such duplicate accounts.
You acknowledge and agree that PADTECH CORP. has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. You acknowledge and agree that PADTECH CORP. reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice, and that PADTECH CORP. shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that PADTECH CORP. , in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if PADTECH CORP. believes that you have violated these Terms. Further, you agree that PADTECH CORP. shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination.
You hereby acknowledge and agree that by your registration with PADTECH CORP., and/or your access or use of the Service or Platform, PADTECH CORP. may collect and store your personal and non-personal information in order to perform the Service and grant you such access and use, and that by such registration, access or use, you specifically consent to such collection and storage. Further, you agree that PADTECH CORP. does so in full compliance with relevant data privacy laws, and that you specifically consent to disclosure to a requesting third party of such personal and non-personal information which is: (i) in any event already made public through your Content on the Platform or your registered Facebook page; (ii) necessary to any legal investigation subject to a valid court order; or (iii) relevant to a legitimate grievance or complaint for misuse such as bot not limited to fraud, intellectual property rights violations, abusive conduct, and defamation, made with respect to your Content, use of the Service or Platform. For purposes of such disclosure, you acknowledge and agree that PADTECH CORP. may provide the following information: your name, email address, contact number, address, IP address, user profile and use history.
You expressly acknowledge and agree that use of the platform and the service is entirely at your own risk and that the platform and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law PADTECH CORP., its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the platform and your use thereof. PADTECH CORP. makes no warranties or representations about the accuracy or completeness of the platform's content or the content of any third party websites linked to the platform and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the platform and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the platform, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the platform by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the platform or the service. PADTECH CORP. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the platform or any hyperlinked website or featured in any banner or other advertising, and PADTECH CORP. will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.