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Terms of Use of Agreement

This notice is specific to the contents of the Government Service Insurance System Website (Site). By accessing and using our Site, you agree to comply with and be legally bound by the following Terms of Use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “GSIS,”, “System”, “us” or “our” refers to the Government Service Insurance System or GSIS, the legal name of the owner of the Website. The term “you” refers to any GSIS member, or any user or viewer of our Site.

1. Acceptance of Agreement
You agree to the terms and conditions outlined in the Terms of Use Agreement (“Agreement”). This Agreement constitutes the entire and only agreement between the System and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without prior notice to you.

2. Copyright
The contents, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right of GSIS in such information and materials. Some of the contents on the site are the copyrighted work of member government agencies of GSIS.

3. Service Marks
The GSIS logo is a registered trademark or service marks of the GSIS. All other trademarks, trade names, service marks and logos used on the website are property of their respective owners.

4. Limited License or Permitted Use
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. You may NOT COPY, STORE, EITHER IN HARD COPY OR IN ELECTRONIC RETRIEVAL SYSTEM, TRANSMIT, TRANSFER, PERFORM, BROADCAST, PUBLISH, REPRODUCE, CREATE A DERIVATIVE WORK FROM, DISPLAY, DISTRIBUTE, SELL, LICENSE, RENT, LEASE OR OTHERWISE TRANSFER any of the Contents to any third person, including others in your company or organization, whether for direct commercial or monetary gain or otherwise without prior written consent of GSIS or the third party provider.  No printout or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

5. Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information, materials or documents including the pictures and painting collections of the GSIS Museum (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from it; (b) use the Site or any materials obtained from the Site to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any time sharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any national law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the laws or regulations of the Republic of the Philippines.

6. Forms, Agreements & Documents
We may make available through the Site downloadable GSIS forms, checklists and legal documents (collectively, “Documents”) that can be used in your transactions with the GSIS. All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for free and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, modernity, accuracy, and/or appropriateness.

7. Registration
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using accurate information. Each registration is for your personal use only. You are responsible to prevent unauthorized use of the Site using your registration information.

8. Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time without any notification in advance. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

9. Third Party Content
Third party content from member agencies may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood in the statements, opinions, representations or any other form of content thereon. We are not liable for any damages or loss arising from access to those websites. Use of the hyperlinks and access to such linked websites are entirely at your own risk. You understand that the information and opinions in the third party content represent solely the thoughts of the owner and is neither endorsed by nor does it necessarily reflect our belief.

10. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

11. Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.

12. Non-transferable
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

13. Disclaimer
Due to the number of sources from which the Contents are obtained, and inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in the Contents and although the Contents have been obtained from reliable sources, they are provided to you as presented, without warranties of any kind. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

14. Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site used by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to GSIS (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

15. Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

16. Miscellaneous
This Agreement shall be treated as though it were executed and performed in Pasay City, Philippines, and shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us at our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and enforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.

17. Arbitration
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to Site operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of the Republic of the Philippines applicable at the time the arbitration commences. The arbitration shall be conducted in Pasay City, Philippines. Each party shall bear its own attorneys’ fees.

18. Termination
You agree that GSIS, in its sole discretion, may remove and discard any content that you have posted on the Site, for any reason, including, without limitation, for lack of use or if GSIS, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or that you are a repeat infringer of intellectual property rights. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that GSIS 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 Site. Further, you agree that GSIS shall not be liable to you or any third-party for any termination of your access to the Site.

Policy

GSIS is committed to ensure that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Site, you can be assured that it will only be used in accordance with this privacy statement.

GSIS may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are agreeable with any changes.