Terms and Conditions

As of 7 May 2015

By accessing or using the Kate website, the Services, Content and Story Submissions, made available by Kate, however accessed, you agree to be bound by these Terms of Use. The Services is owned or controlled by Kate and its owner 747 Media. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all items stipulated under these Terms of Use, do not access or use the Kate website.

Basic Terms

1. You must be at least 18 years old to use the Services, Content and Story Submissions.
2. You may not post User Content that is violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos via the Services.
3. You will find information and content in the site for your own use and will allow you to submit information (Services). Your access to or use of these Services constitutes your acceptance of all the provisions of these Terms of Service. The Site may also contain links to third party websites that are not owned or controlled by Kate. Kate has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.
4. You may be asked to provide information by Kate to gain access to some Services, such as story submissions, comments, Collaborate page or to register for the Kate newsletter. You are required to provide accurate and up to date information. You may not impersonate another person. Kate reserves the right to stop your access to the site at anytime.
5. Kate hereby grants you permission to use the Site and Services, provided that:
• you use the Site for personal, non-commercial use,
• you will not duplicate or distribute any part of the Site without Kate’s approval,
• you will not alter or modify any parts of the Site, and
• you will comply with the Terms of Service and Privacy Policy.
6. You are responsible for any activity when using the site and you agree that you will not sell, transfer, license or assign your account, followers, username, or any account rights to others. Kate prohibits the creation of an account for anyone other than yourself, and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or have provided to Kate upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
7. You agree that you will not solicit, collect or use the login credentials of other Kate users.
8. You are responsible for keeping your password secret and secure.
9. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Services, Content and Story Submissions, including but not limited to, copyright laws.
10. You are solely responsible for your conduct and any data, text, files, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, links and other materials that you submit, post or display on or via the Services (“Story Submissions”).
11. You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services of Kate.
12. You must not create or submit unwanted email, comments, or other forms of commercial or harassing communications (spam) to any Kate users.
13. You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Kate page is rendered or displayed in a user’s browser or device.
14. You must not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
15. You must not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms of Use.
16. Violation of these Terms of Use may result in termination of your access to Kate. You understand and agree that Kate cannot and will not be responsible for the Story Submissions and you use the Services Content and User Content at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Kate, we can stop your access to Kate.
17. You are solely responsible for your interaction with other users of Kate, whether online or offline. You agree that Kate is not responsible or liable for the conduct of any user. Kate reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you post personal or other information.
18. DISCLAIMER. Some of Kate’s content are based on opinion and may contain errors in spelling, grammar, intent, rumor, presumption. There are brands and companies with links in Kate’s content which may sell products though their sites. Kate may be given a percentage of sales from links to these sites (?). This does not affect Kate’s editorial integrity.

Privacy Policy

When you register an account in Kate, you will be required to provide information like your name, e-mail address, city, gender, birth date, member name and password. Any information provided by you or gathered by Kate or shared with third parties during any visit to the Kate website shall be subject to the terms of Kate’s Privacy Policy.

Termination

Kate reserves the right to modify or terminate your access to its website for any reason, without notice, at any time, and without liability to you; upon your breach of any of these Terms of Use.

Modification of Terms of Use

Kate reserves the right to modify these Terms of Use any time without further notice to its users. Each time you use the website after the effective date of the modifications to the Terms of Use; you will be deemed to have accepted any such modifications. In the event that these Terms of Use are modified, Kate reserves the right (at its discretion) to provide you notice of such modifications to any e-mail address you have provided or by posting it through its website. You are encouraged to regularly visit the Terms of Use page to understand and keep abreast with any modifications to the Terms of Use.

Content, User Content & Rights

Kate does not claim ownership of any Story Submissions. Instead, you hereby grant Kate a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Story Submission, subject to Kate’s Privacy Policy.

Kate makes services like Kate Shop, Celebrations by Kate, Brand Partnerships, Story Submissions (“Services”) and content like Articles, News, Features (“Content”) available to its users. Kate assumes no responsibility whatsoever for any consequence relating directly or indirectly for the use of its Services, Content and User Content. Kate does not guarantee, and will not be responsible for any damage and/or loss related to the accuracy, completeness and/or timeliness of the Services Content and Story Submissions found in its website.

When you create Story Submissions, you must represent and warrant that you own it or otherwise have the right to grant the rights and licenses for it; you must also ensure that the use of Story Submissions you created does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; furthermore, you may not reproduce, re-transmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any rights as mentioned above. The burden of determining that Story Submissions is not protected by rights rests with you. You also agree to pay for all royalties, fees, and any other monies owed by reason of the use of Story Submission you provided; and you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

Finally, you agree not to post or use Kate to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting materials or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

Terms for Kate Shop

All transactions, selling, buying, trading, and bartering (“Transaction”) within the Kate Shop is solely between individuals or group of individuals who are registered users of Kate. Kate is by no means involved in any capacity including as neither agent nor principal; and has no control in the conduct of Transaction among its users.

Kate assumes no responsibility whatsoever for any consequence relating directly or indirectly to any Transaction you take, or fail to make, based on the contents, information, services or other materials found in its Kate Shop. Kate does not guarantee, and will not be responsible for any damage and/or loss related to the accuracy, completeness and/or timeliness of the contents found in its Kate Shop.

In order to conduct Transaction in the Kate Shop, you must:

1. be 18 years of age and above;
2. be responsible for the accuracy and correctness of information when posting an item for Transaction;
3. be responsible for reading and understanding the full information about an item for Transaction;
4. not post any item that is illegal, immoral, racist, dangerous, prohibited, or otherwise deemed, at the sole discretion of Kate, as inappropriate or a violation of its policies;
5. as sellers, not fail to deliver items purchased from as the user, unless the buyer fails to meet the agreed terms, or the user cannot authenticate the buyer’s identity;
6. as buyers, not fail to deliver payment for items purchased by as a buyer, unless the seller fails to meet the agreed terms, or the buyer cannot authenticate the seller’s identity;
7. as traders, deliver items agreed to be exchanged for another item, unless either party fails to meet the agreed terms, or either party cannot authenticate the other’s identity.

Disclaimer of Warranties

THE SERVICES, INCLUDING, WITHOUT LIMITATION, KATE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER KATE NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “KATE PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE KATE CONTENT; (C) STORY SUBMISSIONS; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO KATE OR VIA THE SERVICE. IN ADDITION, THE KATE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE KATE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE KATE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE KATE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE KATE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.THE KATE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE KATE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE KATE CONTENT; (C) STORY SUBMISSIONS; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE KATE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE KATE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE KATE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF KATE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICES, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE KATE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICES, OR OTHER CONTENT OWNED OR CONTROLLED BY THE KATE PARTIES.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF THE CIVIL CODE OF THE PHILIPPINES, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
KATE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Services) agree to defend (at Kate’s request), indemnify and hold the Kate Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): your Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Kate in the defense of any claim. Kate reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Kate.

Governing Law

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Philippines.

Contact Information

Questions about the Terms of Use should be sent to hello@kate.ph.