Welcome to Kotsemo.com, an online used car shopping website that helps people acquire second hand vehicles. The Kotsemo.com service is operated by Kotsemo.com, Inc. ("We" "Us", or "Kotsemo.com"). By using the Kotsemo.com web site (the "Website") you agree to be bound by these Terms of Service (this "Agreement"). In addition, if you wish to become an Kotsemo.com Member (a "Member") and communicate with other Members and make use of the Kotsemo.com service (the "Service"), you must read this agreement and indicate your acceptance of its terms by following the instructions in the Sign Up, and checking the box labeled "I agree to Kotsemo.com's terms of service."
This Agreement sets out the legally binding terms of your use of the Website (whether or not you become a Member) and your membership in the Service, if any, and may be modified by us at any time without prior notice. All such modifications will be effective upon posting on the Website, and any use by you of the Website or the Service after the posting of any such modification will constitute your agreement to that modification. The terms of our Privacy Policy and any notices regarding the Website or the Service sent to you or posted on the Website are incorporated into and made part of this Agreement. Links to copies of each of these policies and notices can be found on the Kotsemo.com Home Page.
- Eligibility. You must be 18 years or over to register as a Member or to use the Website. Use of the Website and membership in the Service are void where prohibited. By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. We may terminate your membership for any reason, at any time. Even after membership is terminated, certain sections of this Agreement will remain in effect. See Section 15 below for a list of the provisions of this Agreement that will survive the termination of your membership.
- Non Commercial Use by Kotsemo.com. The Service and the Website are for the personal use of individual Members only and may not be used in connection with any commercial endeavors without our express written consent in each case. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. You may not copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by Kotsemo.com or other Members for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames, e-mail addresses, or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the Website, or any other use not expressly permitted in this Agreement will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your Kotsemo.com profile or other content uploaded on the Website for the purpose of extracting such information or other content.
Proprietary Rights in Content
- Rights in Content Posted by Kotsemo.com or Other Members. We own and retain all proprietary rights in the Website and the Service. The Website contains certain copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of Kotsemo.com, our Members, and our licensors. Except for any information which is In the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent in each case.
- Rights in Content Posted by You. By publishing, displaying, or uploading (collectively, "Posting") any text, links, photos, video, messages, or other data or information (collectively, "Content") on or to the Website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to Kotsemo.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.
Content Posted by You to the Service and the Website
- Public Profile Information. Regardless of what personal information you choose to include in your Kotsemo.com profile, or what level of sharing of your profile you choose, certain information about every Kotsemo.com Member will be included in that Member's "public profile." A Member's public profile is an abbreviated version of the Member's regular Kotsemo.com profile, containing the information listed below, which will be available to any user of the Website, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each Member's public profile includes the following information about the Member: Name (first, or first and last, depending on which option the Member chooses), Gender, Age, Location
- Removal of Content. You understand and agree that we may review and delete any Content that you include in your profile, or otherwise Post on any area of the Website (which may include deleting your entire profile) that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal, or (3) might violate the rights of, harm, or threaten the safety of any other Member.
- Member Identity. Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
- Member Responsibility for Content. You are solely responsible for the Content that you Post on the Website or the Service, or transmit to other Members.
- Prohibited Content. Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Posting of any of this Content by you may, in our sole discretion, result in termination of your membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and reporting such violators to the appropriate legal authorities. Prohibited Content includes, but is not limited to, Content which, in our sole judgment:
Further Restrictions on Your Use of the Website and the Service
- You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses, or e-mail addresses.
- Although Kotsemo.com cannot monitor the conduct of its Members off the Website, it is a violation of this Agreement to use any information obtained from the Service or the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member and Kotsemo.com. In order to protect our Members from such conduct, we reserve the right to restrict the number of e-mails or other communications which a Member may send to other Members at any time and in our sole discretion.
- Copyright Protection Policy. You may not Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by another party without obtaining the prior written consent of the owner. If you believe that your work has been copied and Posted on the Website in a way that constitutes copyright infringement, please contact us.
- Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members, and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including the termination of the membership of one or more Members.
Disclaimers
- We are not responsible for any incorrect or inaccurate Content Posted on the Website or in connection with the Service, whether caused by users of the Website, Members, our advertisers or corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service.
- We are not responsible for the conduct, whether online or offline, of any member or other user of the website. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the website or the service, any content posted on the website or transmitted to members or other users of the website, whether online or offline.
- We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member, or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website, or otherwise in any way in connection with the Service. The Website and the Service are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Website or the Service shall create any warranty not expressly stated herein.
- Limitations on Liability. Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.
- Disputes. If there is any dispute between you and us about or involving the Website or the Service, by using the Website or the Service, you agree that the dispute will be governed by the laws of the Philippines without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the courts located in Metro Manila, Philippines for the resolution of any such dispute.
- Indemnity. You agree to indemnify and hold Kotsemo.com, its subsidiaries, affiliates, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorneys fees, arising out of or relating to: (a) your use of the Website or the Service (including the Posting by you of any Content on the Website) in violation of this Agreement; (b) any other breach of this Agreement by you; or (c) any breach of your representations and warranties set forth above.
- No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
- Survival Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 5 (Proprietary Rights in Content), Section 9 (Member Disputes), Section 10 (Disclaimers), Section 11 (Limitation on Liability), Section 12 (Disputes), Section 13 (Indemnity), Section 15 (Survival), and Section 16 (Other).
- Other. You will be deemed to have accepted the terms of this Agreement upon use of the Website or by becoming a Member. This Agreement, together with our Privacy Policy and any notices regarding the Website or the Service sent to you or posted on the Website, which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Website or the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
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