1. AGE REQUIREMENT
This Site mainly serves both as an informational and entertainment tool. Likewise, it is a place in the cyber world where users can research for articles, videos, and audios on “how to” and “ways to” to make or do things. The sources of the materials contained in this Site are from different contributors and writers of articles, and videographers. Their materials are considered as reflections of their opinions based on their studies and experiences. Hence, the veracity of the information provided by expert contributors, including our in-house writers and video makers is not guaranteed by the Site and subject to the disclaimer clause set forth herein. Since this Site is generally an informational tool, the Site is open for use to those who are at least 13 years of age. It is understood that upon access on the services offered by the Site, users thereby ratify any waivers executed that excuses any liability by reason of age. Users likewise ratify prior grant of rights, agreements, and consents executed in the users’ favor.
2. SET UP OF ACCOUNT
Setting up an account with the Site makes every user an official member of the Site. By being a registered member, user has the sole and exclusive use of his or her account. Concomitant to such registration, as a given user you will be granted of the privileges and rights conferred to every registered member of the Site.
3. AMENDMENTS AND MODIFICATIONS TO TERMS
The Site reserves the exclusive right to amend, add, remove, and modify any of the herein provisions at in any given time. However, a change in any of the Terms, whether material or not, shall not become effective without prior notice. The notice of amendments or any modifications shall be posted on the Site or shall be delivered to the email account of each and every registered member of the Site. Any amendment or modification shall not have any force or effect without prior notice. It is hereby understood that the continued use of the Site for a period of 30 days reckoned from the day when the notice of changes in Terms was sent the users’ email is an implied acceptance to the amended or modified Terms.
4. SITE CHANGES AND MODIFICATIONS
The Site exclusively reserves the right to modify or change any of these Terms, temporary or permanent, with or without prior contemporaneous notice to each and every member of the Site. The Site is not liable to the users or to any third party for any of the changes or modifications of the Site. The suspension, modification, discontinuance, removal or any action by the Site that affects the right to use and access of the same will not give rise to any liability and shall also not affect the Site’s license over the users’ posted or uploaded information on the Site.
5. REPRESENTATIONS AND WARRANTIES IN POSTING THE USERS’ GENERATED CONTENT
Every registered member of the Site has the ability to interact with the Site and with the other registered members and users by posting comments, participating in project discussions, engaging in forums, information and photo uploading, or any other form of engagement with the Site. Thus, as user, YOU represent and warrant that:
5.1 You are the exclusive owner of your generated content. Likewise, you warrant that all the performances found therein are exclusively owned by you. In general, you represent and warrant that you have acquired all the necessary rights relevant to your user generated content, and thereby you grant to waysandhow.com the right to use such user generated content.
5.2 You have fully paid and shall fully pay all license, clearance, registration fees, and other relevant monetary obligations relevant to your user generated content.
5.3 You are the person whose picture and identity appeared or heard in your user generated content, or you have secured the consent or permission of the person, the legal guardian or the parents of a minor whose voice can be heard in your user generated content, and to fully grant to waysandhow.com the right to use the same.
5.4 Upon request by waysandhow.com, you will permit the latter to use the contents and information on your user generated content.
5.5 Your user generated content must not contain libelous, slanderous, or any defamatory or words of similar nature, and must not violate intellectual property rights, right to privacy, or any other fundamental moral and legal rights of any third persons.
5.6 You must fully disclose your interest on your user generated content, whether you are a direct competitor of the author or not, or with another owner of a user generated content. Likewise, full disclosure of interest is mandated when an adverse interest with another author may arise in connection with your user generated content.
5.7 You will not harass, threaten, or stalk authors or any other users, or attempt to infringe or invade upon or infringe on their privacy.
5.8 You will not and should not post any form of material that may or might constitute or give rise to criminal liability, civil wrong, or tort or in any manner violates any applicable law.
You agree to keep all information necessary to establish the fact that as user, your generated content does not violate any of the foregoing warranties and representations, and make them available upon the request of waysandhow.com at any given reasonable time. Furthermore, you acknowledge that the Site does not have a security technology or any program of “digital rights management” or any program of similar nature that would restrict someone from receiving, redistributing, or copying any content information.
6. REGISTRATION REQUIREMENT BEFORE POSTING THE USER’S GENERATED CONTENT
In posting user generated content, users have to undergo the rigors of registration and complete the process. Users are required to provide accurate and most recent information during the registration process. The completeness and the accuracy of the information is the sole responsibility of the users and must be checked and corrected, when necessary, from time to time. Furthermore, users agree that all the information contained in their respective account can be relied upon by us. A user’s account is non-transferable and non-assignable. In connection with this, users agree to protect their respective user’s name and password, and allow us to accept any use of the Site through each account. Users’ password shall only be for their own use and not meant to be shared with anyone, except with their parents, foster parents, or legal guardians.
7. REPRESENTATION AND WARRANTIES OF USER GENERATED CONTENT
As user, YOU represent, warrant, and agree that the submission of proposals, ideas, and suggestions to us that:
7.1 Such does excludes any confidential and proprietary information.
7.2 That you owned all the rights necessary to submit the information to us and that they do not violate, infringe or in any other manner prejudice the rights of third persons.
7.3 That we may disclose or use any of your ideas in any legal and proper manner and at our own sole discretion.
7.4 That we incur no financial obligation for the use of your ideas.
7.5 That you further acknowledge that we may have already created, in the process of creating, ideas or samples of substantially the same in nature with that of yours.
7.6That such ideas and work samples are still not protected or licensed under the laws on copyright.
8. OWNERSHIP AND LICENSE RIGHTS OF USERS’ GENERATED CONTENT
Users retain full and exclusive ownership of their intellectual copyrights and property rights in their posted user generated content, but subject to the non-exclusivity clause as described in these Terms. These Terms should not be interpreted to prevent users from granting similar rights to others as the same of what have been accorded upon us. Users have the right to terminate their license with us. However, upon such termination, waysandhow.com has the right to use such users’ content free of royalty charge, freely transferable and sub-licensable, inexclusive license to use, publicly perform and display, transmit, reproduce, distribute, modify or make derivative works, in whatever form or nature of media, or technology already known or later invented or developed Further, upon such termination of license, users are hereby considered to have waived any moral rights they have over the user generated content under the laws of any jurisdiction. Users hereby grant to us, as an agent, full and absolute power to enter and execute any document or do any act relevant and appropriate to confirm the grant of rights, assignments, consents, agreements and waivers established and set forth in these Terms. Users agree that we may not be obliged to display any user generated content, user name and or any actual name. Finally, users acknowledge that the posting of any user generated content for any period of time shall be sufficient cause for the license granted to waysandhow.com.
9. MODIFICATION AND REMOVAL OF USERS’ GENERATED CONTENT
Users may modify or remove, anytime, the user generated content previously posted in the Site. However, such modification or removal should not in any way affect the other users’ ability to use and enjoy the Site. The removal of user generated content will automatically terminate the license for the same. If prior to removal or modification waysandhow.com has developed or has created, electronic or printed materials containing such user generated content information, it is hereby understood that the user agreed that waysandhow.com may continue to exploit the materials after the user generated content is removed and modified. However, the lapse of six (6) months from the day of removal or modification will give the user the option to send us a written notice to stop or cease displaying such materials. In such case, the Site will use reasonable efforts to cease displaying such materials within 30 days from receipt of such notice. For further inquiries regarding contents of the notice mentioned above, please browse the Site for further information.
10. PROHIBITED CONTENT
Users agree not to submit or post any content or materials that appear or could appear to be:
10.1 Libelous, defamatory, ethnically and racially offensive, untrue, misleading, vulgar, harassing, threatening, obscene, protected data, intrusive to another person’s right to privacy or acts that may be objectionable and morally offensive.
10.2 Transgressing or alleged to have transgressed upon third party’s property and economic rights, such as patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party. Any content that is the subject to a claim by a third party is likewise included.
10.3 Of a type that the user’s authority to transmit is absent or lacking under any law or contractual or fiduciary relationship, such as but limited to the following: confidential, proprietary and inside information.
10.4 Undisclosed or unauthorized advertising.
10.5 Software viruses, or any other computer program, code, file designed to disrupt, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunication equipment.
10.6 Information or data not authorized by the owner.
10.7 In violation of any applicable Local, State, National, International Law or Regulation or Statute.
11. PROHIBITED CONDUCT IN THE USE OF THE SITE AND PUNISHMENT FOR ITS VIOLATION
Upon access on the Site, users agree not to do or attempt to do any of the following acts, subject to applicable laws:
11.1 Access or use of the Site that does not conform or does not exact full compliance with the applicable laws regulating such use and access.
11.2 Unauthorized access to the Site.
11.3 Alter information found on the Site or those obtained from the Site.
11.4 Tamper with user generated contents of other users, postings, registration information, profiles or submissions.
11.5 Use any scraper, robot, spider, or any other automated means or interface not provided by us to access the Site or extract data or gather use information such as email addresses available from the Site or transmit any unsolicited advertising, chain letters, spam, or junk mail.
11.6 Frame any part of the Site, or link to the Site, or make it appear that a relationship exists between a user and the Site, or that the Site have endorsed a user or any user generated content for whatever purpose, unless the same is expressly authorized in writing by waysandhow.com.
11.7 Misrepresent or impersonate user’s affiliation with any person or entity;
11.8 Send disruptive, illegal, harmful and deceptive codes, such as spywares, adware, malwares or viruses that could create an adverse effect on the Site’s operation or any of its recipient.
11.9 Take any action that can interfere with the Site’s operation; or actions that might impose burden on the Site’s computer system and infrastructure.The sending of unsolicited advertising or commercial email, bulk mail, chain letters, or spam messages through the Site constitutes a substantial harm to us where the damage is difficult to determine. Hence, a reasonable compensation in the amount of $100 for each unsolicited email or communication shall be the basis in quantifying the damage.
12. NON-LIABILITY OF THE ACCURACY AND MAINTENANCE OF THE USER GENERATED CONTENT
Though it is the duty of the Site to maintain its operation in its excellent quality, however, it cannot guaranty the veracity of the facts and information contained in the user generated content which is owned by their respective authors. Nonetheless, the Site reserves the right to modify or remove any content at any given time with or without prior notice.
13. PROTECTION OF SITE CONTENT
Our Site is protected by Intellectual Property Laws, both Local and in International forum and hence, users are obliged to respect it. Except when expressly provided under these Terms, users may not modify, publicly perform, reproduce, distribute, display, make derivative works of any content in the Site without prior written consent secured from waysandhow.com or from the owner of the rights of the user generated content, if any.
14. TERMINATION AND CANCELLATION OF THESE TERMS AND CONDITIONS OF USE
Users agree that, at any time and at the sole discretion of the Site administrator, with or without cause or prior written notice, unless required by law, will terminate these Terms. The termination of a user’s access to the Site carries with it the termination of the access to the user generated content on the Site. In such case, as herein prescribed the Site may still continue to exploit printed and electronic materials created or developed that contain such content. The provisions regarding warranties, representations, ownership of rights for user generated content and its posting, license rights, liquidated damages and prohibited acts and conduct, termination and cancellation, disclaimer clause, exclusion of damages, limitation liability, infringement of copyright and trademarks and all other violations will not render the rules inoperative upon the termination of these Terms.
15. INDEMNIFICATION RULE
Any violation to the Terms set forth herein shall give rise to corresponding liability, and indemnification is always the rule for any damage caused to the Site or to third persons.
16. DISCLAIMER OF WARRANTIES
Waysandhow.com does not guaranty the all-time functionality of the Site to each and every computer system of users. The operation and functionality of the Site depend on some factors such as the type of software and hardware used by the users and there is a possibility that the Site’s system may not be compatible with the users’ computer software and hardware system. Likewise, waysandhow.com does not warrant or represent, express or implied, that the Site is free of viruses, errors, makes no interruptions as to the operation of the Site. To the extent permitted by law, waysandhow.com disclaims all representations, conditions, or warranties of any kind, express or implied, the fitness for a particular purpose, title, non-infringement, and those arising for the course of dealing, usage, trade, or performance. Furthermore, the Site disclaims the following categories of information: investment and finance, medical & health, and legal information. All the information contained in those categories do not reflect the opinion of the Site and should not be interpreted as such.
17. EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY
To the maximum extent allowed by law, user agree that waysandhow.com or any of its officers or affiliates will not be liable to any other person for any damage of whatever kind or for loss of whatever nature sustained by anyone. In case of any liability, the aggregate amount shall not exceed, in total, the amount paid by each user to us.
18. COPYRIGHT INFRINGEMENT
Waysandhow.com respects and recognizes the intellectual property rights of others. In case of any copyright violations, you may notify us in writing at the soonest possible time.
19. CONTACT INFORMATION AND NOTICES
The Site shall be the primary place in the posting of notices and information. Hence, it is prudent to check the Site for developments as often as possible. Notice may also be sent through the email address given during the registration process. In cases of copyright infringement and removal of licensed material, notice must be sent to our legal department at [email protected] .
20. ADDITIONAL TERMS
20.1 Compliance with laws : The responsibility of complying with equirements of local laws with respect to the use and access of the Site shall be on the users.
20.2 Transactions to be conducted electronically : All transactions with the Site, in any form, shall be done electronically from beginning to end. Though we may decide to proceed with any transaction non-electronically, however, such transaction would still be governed by the remainder of these Terms, unless different terms are agreed and entered upon on a form provided by us.If the law so provides, allowing each user to withdraw consent or if we are legally required to deal with any user non-electronically, we reserve the right to charge or increase fees and each user is further required to make a printed copy of the Terms and any other disclosures and contract that we are required to provide.
20.3 NO THIRD PARTY OR AGENCY RELATIONSHIP CREATED : These Terms do not in any way create an agency, employer-employee, joint venture, franchisor-franchisee relationship, or grants benefits to any third party including users.
20.4 SEVERANCE CLAUSE : In case any part of these Terms is declared by competent authorities or jurisdiction to be illegal or unenforceable by reason of law or any other ground based on the international laws, the portions not affected thereby shall remain effective and fully enforceable to the fullest extent.
20.5 NON-ASSIGNABILITY CLAUSE : These Terms are personal between each user and us and therefore cannot be assigned, transferred, or delegated to anyone without the express written consent of waysandhow.com. Without such consent, all attempts to assign or delegate these Terms shall be null and void. However, waysandhow.com has the right to assign, transfer, and/or delegate these Terms to one or more third persons without the users’ express or implied consent.
20.6 JURISDICTION Choice of Law : These Terms will be governed by the federal laws of the United States without regard to the conflict of laws and rules in different forum. Any dispute arising from any claim under these Terms shall be exclusively heard in the appropriate forum in the United States. Users hereby consent to the jurisdiction of the appropriate State or Federal courts in United States, and waive any claim of defense of forum non-convenience and further consents to the service of processes by any means authorized by the federal courts of the United States.
20.7 LIMITATIONS ON ACTIONS : The prescriptive period for any action that may arise in connection with these Terms shall be filed in the appropriate forum within a period of one (1) year after the cause of the dispute arise, otherwise, the cause of action is barred by prescription.
20.8 THE ENTIRE AGREEMENT : These Terms comprise the entire agreement between each user and waysandhow.com. This is, however, without prejudice to any other supplemental agreement that may be entered by the parties with respect to the use of the Site. All prior and contemporaneous agreements are hereby considered superseded by these Terms.
20.9 NO WAIVER : The inability or failure of waysandhow.com, for whatever cause or reason, to enforce any right or provision of these Terms shall not constitute as a waiver on its part to pursue the same Terms.
21. NOTICE REGARDING TRADEMARKS COPYRIGHT 2011
The Site is protected by copyright and duly registered trademarks. All content of the Site is protected and subject to intellectual property rights, contractual or other protection. Except as expressly allowed by these Terms, no content may be reproduced, transmitted, uploaded, distributed, posted, or republished without the prior written consent. All rights are reserved. Waysandhow.com is a subsidiary of Triple E Holdings Ltd., a Minnesota USA Corporation.
Copyright © 2011 Triple E Holdings Ltd.