LoadXtreme - Terms of Use

LoadXtreme.ph
V1.0 Terms of Use

Welcome to LoadXtreme.ph by VMobile Technologies Incorporated. Please read the following to learn more about our Terms of Use.

1. ACCEPTANCE OF TERMS

LoadXtreme.ph provides its service to you, subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOU at any time by logging onto the internet at http://www.loadxtreme.ph/new/legal/index.html.

In addition, when using particular LoadXtreme.ph services, you and LoadXtreme.ph shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.

2. DESCRIPTION OF SERVICE

LoadXtreme.ph primarily is a text messaging service designed for dispensing prepaid card loads, Over-The-Air (OTA), and other prepaid products. Secondly, it has an online-based information management system enabling a Virtual Office Facility. LoadXtreme.ph (the "SERVICE") permits authorized subscribers to send SMS text commands to a designated access number/s, and/or use of the LoadXtreme Virtual Office Facility.

Keyword(s) are assigned by the LoadXtreme.ph administrator. A secure, internet interface is provided that restricts access to the service to authorized dealers / retailers.

Up to a maximum of two 160 character response messages may be sent by the LoadXtreme system. Response messages may by returned by the LoadXtreme system in one of three ways: (1) by manually sending a One-Button Reply, including 1 of 10 user defined reply messages, (2) by manually sending a Personal Reply message, or (3) a system controlled Default Reply message that is automatically sent by the system, when no other reply messages are sent, within the user defined timeout period.

A number of features using sub-keywords may also be provided as part of the Service, to manage and administer special services that may be supported by LoadXtreme.ph.

Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new LoadXtreme.ph capabilities either online or SMS-based, shall be subject to the TOU. You also understand and agree that the Service is provided "AS-IS" and that LoadXtreme.ph Service assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization information.

You agree that you are responsible for obtaining access to the Service i.e., online and/or SMS-based and that access may involve third party fees (such as Internet service provider or airtime charges). You are solely responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service. (e.g. computers, modems, etc.)

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LoadXtreme.ph has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LoadXtreme.ph has the right to suspend or terminate your account and refuse any and all current or future revenue shares or access to the Service (or any portion thereof).

4. LoadXtreme.ph PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at http://www.loadxtreme.ph/new/legal/privacy.html.

5. SUBSCRIBER ID, PIK AND SECURITY

You will receive a subscriber ID and PIK upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the Subscriber ID and PIK, and are fully responsible for all activities that occur under your Subscriber ID or PIK. You agree to (a) immediately notify LoadXtreme.ph of any unauthorized use of your Subscriber ID or PIK or any other breach of security, and (b) ensure that you or your designated service operator/s exit from the account at the end of each session. LoadXtreme.ph cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

6. MEMBER CONDUCT

You understand that all information processed, including data, text messages and/or other related communications ("Content"), whether publicly posted elsewhere or privately transmitted via LoadXtreme.ph, are the sole responsibility of the person from which such Content originated. This means that you and not LoadXtreme.ph are entirely responsible for the content of all messages that you originate, send or transmit in response to messages received via the Service. LoadXtreme.ph does not control all of the Content transmitted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will LoadXtreme.ph, or any of it's product providers, be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, for any loss or damage of any kind incurred as a result of the use of any Content received or transmitted or otherwise made available via the Service.

You agree to not use the Service to:

a. transmit, post or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, a LoadXtreme.ph administrator, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e. transmit, post or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. transmit, post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. transmit, post or otherwise make available any unsolicited or unauthorized "junk messages," "spam," "chain letters/messages," "pyramid schemes," or any other form of solicitation, except as specifically authorized by the LoadXtreme.ph administrator;

h. transmit, post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time message exchanges;

j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Philippine Government, any rules of any national or other securities exchange, including, without limitation the Philippine Stock Exchange and any regulations having the force of law;

l. "stalk" or otherwise harass another Service user; or

m. sell or distribute in any way, personal information about other Service users.

You acknowledge that LoadXtreme.ph does not pre-screen Content, but that LoadXtreme.ph and its designees shall have the right (but not the obligation) in their sole discretion to refuse to deliver or to remove or screen any Content that is transmitted via the Service. Without limiting the foregoing, LoadXtreme.ph and its designees shall have the right to remove any Content that violates the TOU or is otherwise considered objectionable by the LoadXtreme.ph administrator. You agree that you must evaluate, and bear all risks associated with, the transmission of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that LoadXtreme.ph may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of LoadXtreme.ph, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Philippines or the country in which you reside.

8. INDEMNITY

You agree to indemnify and hold LoadXtreme.ph, and its telecommunications providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content that you or any of your designated service operators originate, send or transmit in response to messages received via the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.

9. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, including the user database information, use of the Service, or access to the Service.

10. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that LoadXtreme.ph may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages or other Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account using the Service, the maximum size of any message that may be sent from or received by an account using the Service, the maximum disk space that will be allotted on LoadXtreme.ph's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.

You agree that LoadXtreme.ph has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that LoadXtreme.ph reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that LoadXtreme.ph reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

11. MODIFICATIONS TO SERVICE

LoadXtreme.ph reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LoadXtreme.ph shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERMINATION

You agree that LoadXtreme.ph, in its sole discretion, may terminate your PIK/password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if LoadXtreme.ph believes that you have violated or acted inconsistently with the letter or spirit of the TOU.

LoadXtreme.ph may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that LoadXtreme.ph may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that LoadXtreme.ph shall not be liable to you or any third-party for any termination of your access to the Service.

13. DEALINGS WITH ADVERTISERS

You acknowledge that your participation in promotions using LoadXtreme.ph, including the delivery of advertising or related content, and any other terms, conditions, warranties or representations associated with such promotions, are solely between you and such advertiser. You agree that LoadXtreme.ph shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such promotions or advertising on the Service.

14. LoadXtreme.ph's PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (collectively "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by LoadXtreme.ph or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

LoadXtreme.ph grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a maximum of two (2) computers; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by LoadXtreme.ph for use in accessing the Service.

15. RESTRICTIONS ON USERS WITH ADMINISTRATOR RIGHTS

You acknowledge and agree that the Administrator Rights (“Rights”) granted to you by LoadXtreme.ph is not an unbridled one for the use of the Service, but is subject to limitations as set forth in this section.

As a condition of your use of the Virtual Office Facility with said Rights, you will not use the Service for any purpose that is unlawful or prohibited as stipulated in the above terms and conditions. You may not use the facility in any manner that could damage, disable, overburden, or impair any LoadXtreme.ph programs (or the network(s) connected to and hosting LoadXtreme.ph) or interfere with any other party's use and enjoyment of any LoadXtreme.ph facilities.

You may not attempt to gain unauthorized access to any LoadXtreme.ph facilities, other accounts, computer systems or networks connected to and hosting any LoadXtreme.ph, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service, even if the same can be accessed with your Rights. The grant of these Rights to you does not vest ownership or a carta blanche license to use the Service.

LoadXtreme.ph shall prosecute to the full extent of the law any and all users with such Rights who would be found violating the aforementioned limitations.

LoadXtreme.ph reserves the right to change the terms and conditions under which the Service is operated by users with Rights, without notice to you.

The Rights granted under this section can be unilaterally revoked and/or modified by LoadXtreme.ph at anytime, for whatever reasons, without prior notice.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOADXTREME.PH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. LOADXTREME.PH MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OR AS A BY PRODUCT OF THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOADXTREME.PH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOADXTREME.PH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOADXTREME.PH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

18. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 15 and 16 again. In addition, for this type of information particularly, the phrase "Let the investor beware" is emphasized. These Services are provided for informational purposes only, and no Content transmitted as part of the Service is intended for trading or investing purposes. LoadXtreme.ph and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

20. NOTICE

Notices to you may be made via telephone, email or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the login page of the Service.

21. TRADEMARK INFORMATION

LoadXtreme.ph, the LoadXtreme.ph logo, and service marks, and other LoadXtreme.ph logos and product and service names are trademarks of VMobile Technologies Incorporated, (the "LoadXtreme.ph Marks"). Without LoadXtreme.ph's prior permission, you agree not to display or use in any manner, the LoadXtreme.ph marks.

22. GENERAL INFORMATION

The TOU constitute the entire agreement between you and LoadXtreme.ph and governs your use of the Service, superceding any prior agreements between you and LoadXtreme.ph. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and LoadXtreme.ph shall be governed by the laws of the Philippines , without regard to its conflict of laws provisions.

You and LoadXtreme.ph agree to submit to the exclusive jurisdiction of the courts located within Quezon City , Philippines . The failure of LoadXtreme.ph to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOU are for convenience only and have no legal or contractual effect.

23. VIOLATIONS

Please report any violations of the TOU to the LoadXtreme.ph administrator by telephone at (63 2) 706.3818.