TERMS OF USE

IMPORTANT NOTICE RE TERMS OF USE: Effective 15 November 2019, the Services (as defined below) will be provided to you by Grasyana.com.

Grasyana.com (“Grasyana,” “we,” us,” and “our”) provides you access to its interactive online websites and services subject to the following Terms of UsePlease read the following Terms of Use carefully before using this website or other services that we provide. By accessing or using our website or our services (other than to read this for the first time), you agree to these Terms of Use.

These Terms of Use (also sometimes referred to as the “User Agreement”), together with our Privacy Policy and any additional terms which might apply to certain products or services, govern your use of any of our websites, and your use of any other services we provide, including our surveys, reviews, newsletters, panels, communities or other services (collectively, our “Service”). Our websites include Grasyana.com, Grasyana, and all other websites on which we place these Terms of Use (collectively, our “Site”).

We may from time to time modify or change the Terms of Use (see Section 17). Any revised version of the Terms of Use will be posted on our Site and the revised Terms of Use will govern your future use of our Site and Service, so you should return to our Site periodically to review these Terms of Use. If you do not agree to the revised version, you must immediately stop using our Site and Service.

Our Services include, among other things, delivering search results for products and services offered by third-party Merchants. We are NOT a party to any transaction you may enter with Merchants in this website. If you have any questions, concerns or claims regarding a product or service you purchased by initiating a search using our Services, please address these to the respective Merchant/s.

To use the Services, you must be over 18 years old. You agree that you will only post in relation to goods or services in the appropriate category or area and you agree that you will not do any of the following:

  • Violate any laws or the Posting Rules; 
  • Post any threatening, abusive, defamatory, obscene or indecent material; 
  • Be false or misleading; 
  • Infringe any third-party rights;
  • Distribute or send communications that contain spam, chain letters, or pyramid schemes;
  • Distribute viruses or any other technologies that may harm Website name, the Services or the interests or property of Website name users; 
  • Impose an unreasonable load on our infrastructure or interfere with the proper working of the Services; 
  • Copy, modify, or distribute any other person’s content without their consent; 
  • Use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission; 
  • Harvest or otherwise collect information about others, including email addresses, without their consent; and/or 
  • Bypass measures used to prevent or restrict access to the Services.
  1. To access and use some of the Services, you may need to register with us and set up an account with your email address and a password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.
  2. To access or use some content or features of our Site or Service, you may choose to provide us certain information, we may require you to provide certain information, or require that you establish an account with us through registration. Your access to certain content or features may be limited if you are not 18 years of age or older, or the legal age in your jurisdiction to form a legally binding agreement, or for other reasons.
  3. Whenever you submit information to us, you agree to provide true, accurate and complete information and agree to, if the option is available, promptly update the information if there have been changes to the information you provided.
  4. We may also impose restrictions on your ability to establish an account (e.g., age limits, restrict business entities from setting up accounts, limitations on the number of accounts, etc.). When registering an account, you may need to select a username (“ID”) and password. You are responsible for keeping your ID and password, and other account information, confidential and are fully responsible for all activities that occur under your account, whether or not you authorized such activities. You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password by clicking here .
  5. You may connect to the Services with a third-party service (e.g., Gmail, Facebook, Twitter, Pinterest or Google+) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account has been compromised or misused, contact us immediately at Grasyana.com Customer Support.

Grasyana.com and the Grasyana community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. You are solely responsible for all information that you give to Grasyana and any consequences that may result from your posts.

We can, at our discretion refuse, delete or take down content that we think is inappropriate or breaching these Terms of Use. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. 

However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also accept that Grasyana.com is not under any obligation to monitor any data or content which is submitted to us or available on the Services.

(a) We may, in our sole discretion, temporarily or permanently change, limit, suspend or terminate your access to our Site or Service (including any Site Content or User Content) without prior notice. We may do so based on changes to our business practices (e.g., eliminating a Service, etc.), if you violate the letter and spirit of these Terms of Use, or for any other lawful reason. You agree that we are not liable to you or any third party for any such action.

(b) Any limitation, suspension or termination we impose shall not alter your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive any such action on our part shall survive including, but not limited to, the rights and licenses that you have granted to us in your User Content and provisions relating to indemnities, releases, disclaimers, limitations on liability and mandatory arbitration and all of the miscellaneous provisions in Section “Other Terms”

(a) Our Site and Service (including, without limitation, Site Content and User Content) are provided for your information and personal, non-commercial use only. When using our Site or Service, you agree to comply with these Terms of Use, and all applicable federal, state and local laws.

(b) Except as expressly permitted by these Terms of Use, you may not:

  • Use our Site or Service in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
  • Modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Site or Service (e.g., those that prevent or restrict copying Site Content);
  • Use our Site or Service in any way to manipulate or distort, or undermine the integrity and accuracy of, any reviews and ratings, or take any action to interfere with, damage, disrupt any part of our Site or Service;
  • Use our Site or Service to send, knowingly receive, upload/post, download, any material which does not comply with our content standards;
  • Use our Site or Service to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
  • Use our Site or Service to transmit any data, or upload to our Site or Service any data, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • Decompile, reverse engineer or disassemble any portion of our Site or Service;
  • Use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained our Site or Service, or use network-monitoring software to determine architecture of or extract usage data from our Site or Service; or
  • Engage in any conduct that restricts or inhibits any other user from using or enjoying our Site or Service.

(c) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use. 

(a) We may, at any time, permit you to post, upload, transmit through or otherwise provide through our Site or Service (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information (e.g., your name, e-mail address, etc.) and other content (collectively “User Content”). For example, any comment, rating or review of a product or a merchant that you post through our Site or Service is your User Content.

(b) Standards . You agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from your User Content. Furthermore, you represent and warrant that your User Content: 

  • Will be, in the context of reviews and ratings, based upon an actual shopping experience with the relevant merchant or third party, accurate (where facts are stated), reflect opinions genuinely held by you, and comply with all applicable laws; 
  • Will be truthful, non-misleading and non-deceptive; 
  • Will not contain any material which is tortious (e.g., defames or invades the privacy of any person, etc.), obscene, offensive, hateful or inflammatory; 
  • Will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; 
  • Does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence; 
  • Will not be threatening, abuse or invade another’s privacy, or provided with an intent to harass, upset or embarrass any other person; 
  • Will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else; or 
  • Will not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.). 

(c) We may monitor, edit or remove any User Content for violation of the letter or spirit of these terms, or for any other lawful reason. However, we have no obligation to look for, edit or remove (except for removal of content pursuant to Section 15) any User Content for any reason including, without limitation, violation of these terms.

(d) Grant of Rights & Use. We do not claim ownership to your User Content. However, by submitting User Content, you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and license to use, reproduce, distribute, create derivative works based upon (e.g., translations, etc.), publicly display/perform, transmit and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate in connection with our business and operations. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content. 

  • By submitting User Content, you also grant us the right, but not the obligation, to use your biographical or other information about you including, without limitation, all or some of your name, alias, nickname and geographical locationin connection with broadcast, print, online, or other use or publication of your User Content consistent with the license granted in the previous paragraph. 
  • Without limiting the rights granted in the foregoing paragraphs, and for avoidance of doubt, we reserve the right to display advertisements in connection with your User Content, to use your User Content for advertising and promotional purposes, and provide third-parties your User Content. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

(Verified Rights Owners – VeRO).

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We can remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is download our Notice of Infringement (NOCI) form, fill it out, and fax it to Grasyana.com

Only the intellectual property rights owner can report potentially infringing items or listings through Grasyana.com VERO Program. After we receive your first NOCI, Grasyana.com will confirm your enrollment in our program and send you the instructions on how to submit future reports electronically. We can share, in accordance with applicable law, the completed NOCI form with the third party that originally posted the potentially infringing listing.

Nothing in these Terms of Use excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the US Consumer Law. To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.

  • Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do.
  • As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered.
  • We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free.
  • Notification functionality in the Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.
  • To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
  • To the extent permitted by law, and without limiting any rights that you may have under the US Consumer Law, Grasyana’s liability to you for any failure by Grasyana to comply with any statutory guarantee under the Philippines Consumer Law is limited to Grasyana supplying the Services again or paying you the cost of having the Services supplied again.

Grasyana excludes any liability to you for any loss or damage suffered by you as a result of Grasyana failing to comply with an applicable statutory guarantee under the US Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by Grasyana .

You will indemnify and hold harmless Grasyana.com and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

If you have a dispute with one or more Grasyana.com users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

By using the Services, you agree to the collection, transfer, storage and use of your personal information by us (the “data controller”) on servers located in the United States as further described in our Privacy Policy.

If a provision of these Terms of Use is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms of Use.

(a) In appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing the copyright of others.

(b) Consistent with the Digital Millennium Copyright Act (“DMCA”), Grasyana will respond to a notice of alleged copyright infringement regarding any information available on our Site or through our Service. Please note that this procedure is exclusively for notifying us that copyrighted material has allegedly been infringed and matters other than informing Grasyana that copyrighted material may have been infringed will not receive a response through this process.

(c) Pursuant to the DMCA, your infringement notification must include the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 
  • A description of the copyrighted work that you claim has been infringed upon; 
  • A description of where the material that you claim is infringing is located on the site, including a link or screenshot of the webpage containing the infringing material, if applicable; 
  • Your address, telephone number and e-mail address; 
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; 
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

(d) Please send your notice of copyright infringement by using the Contact Us page.

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