Focalcast Network

Disclaimer, legal notices and acceptable use policy

Focalcast Network/Focalcast provides access to and use of this site on the following conditions. If you access this site (other than to read these Terms and Conditions for the first time), you agree to these Terms and Conditions. Focalcast reserves the right to change the Terms and Conditions at any time without notice. You are responsible for informing yourself of any changes by regularly reviewing the Term and Conditions. If you access the site after changes are posted, you agree to all changes (including those which may have been updated that you may be unaware have been posted).

Disclaimers, liability limitation and indemnity

You use of this site at your risk. Neither Focalcast, its affiliates and associated companies or any of their respective employees, agents, third party content providers or licensors makes any express or implied representation or warranty about, or shall be liable in any shape or form or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with, this site, its use, its content or any products or services (including our products or services) referred to on this site.

This includes (but is not limited to) loss or damage you or any other party might suffer as a result of any of the following:

your reliance on the completeness, accuracy, suitability or currency of the site or its content or information contained herein.
failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records.
accessing any sites or servers maintained by other organizations through links on this site. Links are provided for the convenience of our site users only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by us and you link to any such site at your own risk.
defamatory, threatening, offensive or unlawful conduct of third parties.
a breach by us of our Privacy Policy.

No advice given

You should consult an appropriate professional or expert for specific advice for your individual circumstances. No reliance should be taken on the general material on this site.

Exclusion of implied warranties

Focalcast excludes all warranties that otherwise would be implied in any transactions for the supply by us of information, products or services offered on this site (including warranties of satisfactory quality, merchantability and fitness for purpose).

Limitation of our liability (if any) to you

Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:

In the case of information or services supplied or offered by us for a fee - the re-supply of the information or services or payment of the cost of doing this. We accept no, and exclude all, liability for information or services supplied or offered by us for free; or

In the case of goods supplied or offered by us for a fee — repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this. We accept no, and exclude all, liability for goods supplied or offered by us for free.

Without limiting the preceding paragraph, you indemnify us for any of Our Loss incurred by virtue of any breaches of third parties’ intellectual property rights as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this site.

Rights we cannot exclude, limit or disclaim

This disclaimer, liability limitation and indemnity does not exclude any rights that by law may not be excluded.

Copyright and intellectual property notices

Copyright and trade mark notices

Copyright (c) Focalcast. All rights reserved.

No trade mark of Focalcast or affiliated and associated companies, whether registered or otherwise, may be used without our prior, specific, written consent.

Focalcast Network is a registered trademark of Focalcast, Inc. registered in the Republic of the Philippines. It also may be the subject of rights in other countries.

Other product names and images on this site may be trademarks or registered trademarks of Focalcast, our affiliates and associated companies, or third parties (including advertisers, sponsors and customers). The use or misuse of these trademarks, except as expressly authorized, is prohibited.

The use by us of a trademark on this site is not intended to indicate any association with or endorsement by, the owner of that trademark.

We own or control, and reserve, all rights

Unless otherwise indicated, all rights (including copyright) in the content and compilation of the web pages and on-line images (including text, graphics, logos, button icons, video images, audio clips and software) comprising the site are owned or controlled, and are reserved, by Focalcast.

We can use your feedback

You agree that any feedback or suggestions about this site or our business can and may be used by us for any purpose and without restriction or compensation. This includes the use and adaptation of any ideas, concepts, techniques, words or images contained in the feedback or suggestions.

We take issues of copyright and intellectual property very seriously. If you believe that any part of this site in any way infringes your copyright or other intellectual property rights, please contact us.

User conduct

Lawful and authorized use only

You must use this site only for lawful purposes and for the purposes explicitly outlined and authorized in this site (including in these Terms).

If any part of this site requires you to provide a username and password in order to access or otherwise use any part of this site, you must keep that username and password confidential and not provide them to anyone other than us.

You are authorized to download and view content only for your own personal, non-commercial use. You must not, without our prior written permission, exploit any of our site materials for commercial purposes.

You are not authorized, without our prior written permission and the permission of any other relevant rights owner, to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any other purpose.

This prohibition does not extend to materials on this site which are expressed to be freely available for re-use or replication, freely available in the public domain or subject to any conditions we specify.

General prohibitions

You must not use this site, or any tools offered through this site, in a manner which; or up-load, post, transmits or otherwise make available through this site any material which:

violates or infringes the rights of others (including their intellectual property, privacy and publicity rights);
is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
restricts or inhibits any other user from using or enjoying this site;
affects the functionality or operation of this site or its servers or the functionality or operation of any users’ computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.

Co-operation with authorities

We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.

Disclaimer about others’ materials

You acknowledge that any third party materials appearing on this site are not necessarily controlled or monitored by us and that the views expressed are not necessarily those of Focalcast or our affiliates and associated companies.

Applicable law

The laws of the Republic of the Philippines apply.

This site (excluding any linked, third party sites) is controlled by us from The Republic of the Philippines.

Any disputes must be determined by the courts having jurisdiction in Makati City, Republic of the Philippines. You irrevocably and unconditionally submit to this jurisdiction.

Unenforceable Terms

If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms and Conditions.

Site or content may be unlawful outside the Republic of the Philippines

We do not warrant that the content of this site complies with the laws of any country outside of the Republic of the Philippines. If you access this site from outside of the Republic of the Philippines, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.

Your responsibilities under laws affecting you

You are responsible for ensuring that your use of this site is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant internet industry codes of practice).

No offers where illegality arises

Nothing on this site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.