PRIVACY POLICY
We are always conscious and respectful of your privacy. We will limit the collection and use of personal information to that which is necessary to administer business, provide you with the highest quality of service and offer you opportunities which will be of interest to you. It is our continuing goal to build users' trust and confidence in the Internet by promoting the use of fair information practices. Because this website wants to demonstrate its commitment to your privacy, it has agreed to disclose its information and user privacy practices.
1. The Data We Collect
We request information (the “Data”) in several areas of our website. The types of Data we collect, depending on the specific part of the site you are using include:
1. User name and password
2. Name
3. Gender
4. Date of Birth
5. Email Address
6. Nationality
7. Telephone Number
8. Contact information
2. Purposes for which the Data are collected and used
We may use the Data you provide for one or more of the following purposes:
1. To process your request for subscription, purchasing product(s) and service(s);
2. To fulfill your request when you use online, mobile, or other services;
3. To contact you regarding your inquiries;
4. For the operations of Kamusta.com including delivery of subscriptions, associated benefits and services, ongoing research and program development;
5. For marketing purposes, such as sending you updates on latest offers and promotions in connection with Kamusta.com;
6. For identification and verification purposes; and
7. For reference and record in connection with Kamusta.com.
3. Online surveys and promotions
When we hold surveys or promotions, you are required to give your contact information (such as name, e-mail address or mobile number) and demographic information (such as income level, gender, etc.). This information is used to contact you about the services on our website for which you have expressed interest to or to inform you if you have won in a certain contest or promotion. It is optional for you to provide unique identifiers (such as social security number, tax identification number or driver's license number).We reserve the right to send you certain communications relating to the Kamusta.com website and of the products and services that we offer and you will not be allowed to opt out from receiving them.
4. Cookies
A cookie is a text file that is placed in your hard disk by a Webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.We use cookies to help personalize your online experience, for example to provide personalized services and/or maintain your identity across multiple pages within or across one or more sessions. This information may include, but is not limited to, relevant login and authentication details as well as information relating to your activities and preferences across our websites. Please be informed that we do not collect any personally identifiable information from you by means of cookies.You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our website.
5. Log Files
We use IP addresses to analyze trends, administer the site, track user's movement and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
6. Sharing
We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.We partner with other parties to provide specific products and services. When you sign up for these, we may be required to share names, or other contact information that is absolutely necessary for the third party to provide these said products and services.These parties are not allowed to use personally identifiable information except for the purpose of providing these products and services.We may combine information about you that we have with information we obtain from our partners, advertisers or other companies. We may be able to collect information about your transactions with us and with our partners, advertisers or other companies, including information about your use of the products and services that we and our partners and advertisers offer.Note that we may transfer information about you if we are acquired by or merged with another company. We will notify you before any information about you is transferred and becomes subject to a different privacy policy.
7. Links
This website contains links to other sites. Please be aware that Kamusta.com is not responsible for the privacy practices of other sites. We encourage our users to be aware when they leave our site to read the privacy statements of every website that collects personally identifiable information.
8. Notification of changes
If we decide to change our privacy policy, we will post those changes on our homepage so you are always aware of what information we collect, how we use it and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify you by e-mail. You will have a choice as to whether or not we use your information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.
9. Other Disclosure of Data
We may disclose the Data when required by law or court order, or as requested by other government or law enforcement authorities, or in the good faith if disclosure is otherwise necessary or advisable including, and without limitation, to protect the rights or properties of EGGSTREME (HK) LTD. This also applies when we have reason to believe that disclosing the Data is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.We respect and will continue to respect the privacy of our customers who use the Kamusta.com website.
TERMS OF USE
Please read these Terms of Use (“Agreement”) carefully before using this website. If you do not agree to this Agreement exit now and do not use the Kamusta.com website (the “Site”).
1. Introduction
Kamusta.com is a web publishing service offering classified advertisement, blogs, message boards, product reviews, travel blogs and search engines, online stores, news, real estate listings and a help desk (the "Service"). You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Kamusta.com disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other software or equipment used in providing the Service. You are also solely responsible for obtaining access to the Service. Kamusta.com further reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you whatsoever. You must be at least be 18 years of age to use the Service. Kamusta.com reserves the right to refuse providing the Service to anyone at any time without notice and for any reason.As a condition of your use of the Service, you agree that you will not:
- Post, use or transmit any unlawful, threatening, abusive, defamatory, obscene or indecent information or material of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil or criminal liability or otherwise violate any applicable law;
- Post, use or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; and
- Post, use or transmit any material of any kind which contains a virus or other harmful component, download any file posted by any other user if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
2. Copyright, Intellectual Property and Use
You acknowledge that EGGSTREME (HK) LTD. owns all right, title and interest in and to the Kamusta.com website and the Service, including all intellectual property rights (the " EGGSTREME (HK) LTD. Rights"). EGGSTREME (HK) LTD. Rights are protected by Philippine and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described below, EGGSTREME (HK) LTD. Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
EGGSTREME (HK) LTD. claims no ownership or control over any Content submitted, posted or displayed by you on or through the Service or the Kamusta.com website. You or a third party licensor, as appropriate, retains all patent, trademark and copyright to any Content you submit, post or display on Kamusta.com or through the Service and you are solely responsible for protecting those rights, as appropriate. By submitting, posting or displaying any Content on Kamusta.com or through the Service which are intended to be available to the public, you grant EGGSTREME (HK) LTD. a worldwide, perpetual, non-exclusive and royalty-free license to reproduce, publish and distribute such Content on Kamusta.com for the purpose of displaying and distributing the Service. EGGSTREME (HK) LTD. furthermore reserves the right to refuse to accept, post, display, or transmit any Content in its sole discretion.``You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted. For avoidance of doubt, EGGSTREME (HK) LTD. is not a party to any such license between you and any third party. Also, for avoidance of doubt, EGGSTREME (HK) LTD. may choose to exercise the rights granted under: (a) the license or licenses, if any, you apply to your materials; or (b) this Agreement.
3. No Resale of the Service
Unless expressly authorized in writing by EGGSTREME (HK) LTD., you agree not to reproduce, duplicate, distribute, copy, sell, trade, resell or exploit for any commercial purposes: (a) any portion of the Service or website; (b) use of the Service or website; or (c) access to the Service or website.
4. Publicity.
Any use of EGGSTREME (HK) LTD.'s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, including, but not limited to, "Kamusta.com", must be in compliance with this Agreement.
5. Representations and Warranties
You represent and warrant that: (a) all of the information provided by you to EGGSTREME (HK) LTD. to participate in and avail of the Service is correct, accurate and current; and (b) you have all the necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. EGGSTREME (HK) LTD. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on this website, nor for any offensive, defamatory or obscene posting made on the site by anyone other than authorized EGGSTREME (HK) LTD. employees acting in their official capacities. In under no circumstance will EGGSTREME (HK) LTD. be liable for any loss or damage caused by your reliance on information obtained herein. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available in or through this website.
LIMITED WARRANTY
What we can guarantee: EGGSTREME (HK) LTD. SHALL DEVELOP AND OPERATE THE SITE AND THE SERVICE WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE.
What we cannot guarantee: EXCEPT AS SET OUT IN THE PARAGRAPH ABOVE, EGGSTREME (HK) LTD. DOES NOT GIVE ANY WARRANTY IN RESPECT OF THE SITE/SERVICE. TO THE EXTENT ALLOWED BY APPLICABLE LAW, EGGSTREME (HK) LTD. HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY OR LACK OF NEGLIGENCE. NEITHER DO WE PROVIDE ANY WARRANTY THAT THE SITE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
OUR LIABILITY EXCLUSION TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT EGGSTREME (HK) LTD. WILL NOT BE LIABLE TO YOU FOR ANY AND ALL LOSSES WHICH RELATE TO YOUR BUSINESS OR INVESTMENT CHOICES OR WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF THE SITE/SERVICE (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOUR USE THE SITE/SERVICE OUTSIDE THE SCOPE OF THIS AGREEMENT.
IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT EGGSTREME (HK) LTD. WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SITE/SERVICE.
OTHER INFORMATION
Without limiting the above, EGGSTREME (HK) LTD. is not liable for matters beyond its reasonable control. EGGSTREME (HK) LTD. does not control postal or courier services, telephones, third party communications networks (including your Internet Service Provider), the Internet, force majeure conditions, acts of God or the acts of third parties.
6. Dealings with Advertisers
Your dealings with, or participation in promotions of, advertisers found on or through the Kamusta.com website or the Service, including, but not limited to, payment and delivery of goods or services, are solely between you and such advertiser. You understand and agree that EGGSTREME (HK) LTD. shall not be responsible or liable for any loss or damage whatsoever suffered as the result of any such dealings or as the result of the presence of such advertisers on the Kamusta.com website or the Service.
7. Termination; Suspension
EGGSTREME (HK) LTD. may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes.
8. Indemnification
You agree to hold harmless and indemnify EGGSTREME (HK) LTD., and its subsidiaries, affiliates, officers, agents, and employees from and against any and all third-party claims arising from or in any way related to your use of the Kamusta.com website and/or the Service, including, but not limited to, any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, EGGSTREME (HK) LTD. will provide you with written notice of such claim, suit or action.
9. Entire Agreement
This Agreement constitutes the entire agreement between you and EGGSTREME (HK) LTD. and governs your use of the Kamusta.com website and the Service, superseding any prior agreements between you and EGGSTREME (HK) LTD. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other EGGSTREME (HK) LTD. services, affiliate services, third-party content or third-party software.
10. Waiver and Severability of Terms
The failure of EGGSTREME (HK) LTD. 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 found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected herein and the other provisions shall remain in full force and effect.
11. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this site or the Service must be filed within one (1) year after such claim or cause of action arose or the same is forever barred.
12. Governing Law and Venue
This Agreement shall be governed by, and construed and implemented in all respects in accordance with the laws of the Republic of the Philippines. Each party irrevocably submits to the exclusive jurisdiction of the courts in Makati City, Philippines, to the exclusion of all other courts, for the purpose of enforcing any right or obligation under or arising out of this Agreement.
13. Contact Information If you have questions or suggestions regarding this website or the Service that we offer, please contact us at: (GSE Law: please provide contact information)
CONTENT POLICY
Kamusta.com is a free service for exchange of ideas, communication, self-expression and freedom of speech. We respect your ownership of and responsibility for the Content you choose to publish and share. However, there are boundaries on the type of Content that can be hosted in Kamusta.com. The compliance with certain legal requirements is necessary in order to enhance the Service as a whole. THE FOLLOWING ARE ABSOLUTELY PROHIBITED
1. PORNOGRAPHY AND OBSCENITY:
a. Pornography and Obscenity: Image and video content that contains nudity, sexually graphic material, or material that is otherwise deemed explicit by Kamusta.com;
b. Pedophilia, Incest and Bestiality: Written, image or video content that depicts and promotes pedophilia, incest and bestiality;
c. Commercial Pornography: Content that exists for the primary purpose of commercial pornographic content or driving traffic to a commercial pornography site; and
d. Child Pornography: Written, image or video content that depicts or promotes child pornography. We will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
2. HATEFUL CONTENT
You may not publish material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age and sexual orientation/gender identity.
3. VIOLENT CONTENT You may not publish threats of violence against any person or group of people.
4. COPYRIGHT INFRINGING MATERIALS It is our policy to respond to clear notices of alleged copyright or other intellectual property right infringement.
5. PRIVATE AND CONFIDENTIAL INFORMATION We do not allow the unauthorized publishing of people's private and confidential information, such as credit card numbers, Tax Identification Numbers, Social Security Numbers, driver's and other license numbers.
6. IMPERSONATION We do not allow impersonation of others through our website or Service in a manner that is intended to or does mislead or confuses others.
7. UNLAWFUL USE OF SERVICE Our Service should not be used for unlawful purpose or for the promotion of dangerous and illegal activities. Your account may be terminated and you will be reported to the appropriate authorities.
8. SPAM, MALICIOUS CODES AND VIRUSES We do not allow spamming or transmitting malware and viruses.
NO LIABILITY You agree to hold EGGSTREME (HK) LTD. free and harmless from and against any liability that may arise from all the Content that you upload, post, email, transmit or otherwise make available via the Service. Under no circumstances will EGGSTREME (HK) LTD. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Kamusta.com website or the Service. You further understand that EGGSTREME (HK) LTD. shall have no liability whatsoever should you be exposed to Content that is offensive, indecent or objectionable. The foregoing notwithstanding, EGGSTREME (HK) LTD. reserves the right to pre-screen any Content. It shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, or remove any Content that is available in the
website or made available using the Service.
