TILDE ACUÑA

Terms

Translated by Bernard Capinpin

A draft of terms and agreements for the national automata of the third-world, for those who do not understand English. For the approval of those concerned. Prepared by number 42. As per instructions of the leader, the term "Number" has been replaced with "Account," while "automata" has been changed to "man" to keep the peace. To the concerned parties, please note any omission of the document and send your feedback by the end of this month.

-Ed.

1. Enforcement

1.1

Regard of Law. If you reside in the Philippines, you are under the jurisdiction of the Republic division under South-East Asia, a sister company of United States, the Big Brother, and your social Services are subject to the United States. If you are outside the Philippines, you are under the jurisdiction of other sister companies. The list can be accessed here. As Law-abiding citizens, you may obtain other rights. We do not wish to suppress these rights, except if these are contrary to the Law.

1.2

Eligibility. You may only avail of the Services if you are (a) already born in the world and (b) offered up by your parents to submit to the Republic.

1.3

Privacy. Our privacy policy is referenced here. In using our Services, you have read and accepted the Terms of Agreement regarding our privacy policy. You may also be able to purchase a CCTV camera here if you have an advantage card.

1.4

Availability. Although you may purchase pamphlets illustrating the services (manuals or guides) at your nearest store, it does not mean that the Services are available in your Area, and it also does not mean that the Stuff created using the Service is legal in your Area. We may discontinue some Services in select countries if necessary. It is your responsibility to ascertain that the use of a Service is legal in the Area where you are availing it. All Services are not available in all languages.

1.5

Software. Software are given licenses, not sold, in accordance to these Terms. If you wish to sell or purchase, there is a sale which starts today and ends tomorrow.

1.6

Additional Terms. There are instances when the Terms may be added or deducted. Please refresh this page repeatedly.

1.7

Succession. If there is any contradiction between the Terms of this Agreement and the Additional Terms, then the Additional Terms shall take precedence in relation to the Service and the Software.

1.8

Modification. The Software Services or any of its contents may be modified or terminated anytime, anywhere, without liability to anybody. On the other hand, we are committed to ensuring that you are informed of changes in the Agreement before they are implemented. We will also let you speak your mind as you wish. If we discontinue one Service permanently, we will compensate you with the appropriate amount.

2. Using the Services

2.1

License. If you accept these Agreements, you can access and use these Services.

2.2

Property of the Republic. We (and our licensors) are the sole proprietors of all rights, titles, and interests of the Services and Software. We reserve all rights not yet to be included here in these Terms (if you have come up with new rights and sent them to us, you would have already donated them to us and we would be whole-heartedly and happily grateful). Even the rights that have typographical and grammatical errors in them are owned by us and you have the right to correct us, if that is your goal in life, to further develop our business and thus improve our Services.

2.3

Storage. If the Service provides storage, then we advise you to regularly save a backup. We can set a reasonable limit to the Stuff, like the limit to the thickness of the document, to the space for storage, to the capacity for processing Stuff, and other technical limitations. We can suspend the Service until you have set and limited your use to the space provided to your Account. Different packages of Accounts and additional apps are included here.

2.4

Account-Generated Content. We may promote or feature Stuff generated by your Account. If you can reach our Services, you may see Stuff that may make you feel depressed or annoyed. What you may do is to stop looking at the said Stuff. If available, you may call iReport to file a report with us on the said Stuff. Or buy newly imported weapons here.

3. Your Stuff

3.1

Ownership. Your Stuff are yours, it is your right to own them. We will not claim ownership of or the right to your Stuff.

3.2

License of Your Stuff to Run Services. Some licenses are needed as requisites for your Stuff to be permitted to run and render Services. If you upload your Stuff to the Service, you grant us non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to use, reproduce, publish, share, modify (to improve, for example, your Stuff), perform, and translate to other platforms your Stuff if necessary. This license is for benefit of the operation and the improvement of the Services.

3.3

Our Access. We will not interfere with, access, listen to, monitor your Stuff, except if it is necessary and relevant to the operation of the Services, or as required by Law. The following (but not limited to them) are necessary and pertinent to the operation of Services: (a) responding to support requested by other Users; (b) recognizing, avoiding, or stopping suspicious, dangerous, criminal and technical matters; and (c) enforce these Terms.

3.4

Sharing Your Products.

(a)

Sharing. Some Services may provide you the option to share Stuff and publicize it. Sharing means to send, to announce, to transmit, to upload, to allow access to either us or other Users your Stuff through your use of the Services. Other Users may copy, edit, reshare you Stuff though multiple avenues. We ask that you choose wisely what to share in public because you are responsible and liable for the things that you share.

(b)

Level of Access. We do not monitor or direct other users’ activities with your Stuff. It is your obligation to set limits to your stuff and to specify who has access to it. If you do not specify who has access to it, the System has a default setting and this will determine the accessibility status of your Stuff. It is your responsibility to inform other Users how to operate and share your Stuff. There are some who pay to advertise their great Stuff, you may also partake of this.

(c)

Comments. The Services will allow you to comment on any Stuff. The comments are not made anonymously, and you may be identified by other Users. Other users may delete your comments, we and even you may delete this if deemed necessary.

3.5

Expiry of License. You may revoke the license of your Stuff and terminate our right to access it anytime if remove your Stuff from the operation of the Service. On the other hand, there may be some copies of your Stuff stored in other Accounts or kept in our back-up system.

3.6

Feedback. You have no obligation to give us ideas, suggestions or feedback. Nevertheless, if you send us feedback, appreciation, you give us non-exclusive, worldwide, royalty-free license to and transferrable rights to use, reproduce, publish, share, modify, and perform the said feedback.

3.7

Account Information. You are responsible for all activities made in your Account. Please inform Customer Support immediately if you suspect that your Account has been hacked. You are not permitted to (a) share your Account information (except to the authorized Account Administrator) or (b) use the Account of others. The Account Administrator may use your Account information to handle your use and access to the Services. Like this new charger, which had only been used once and had not been plugged in an outlet for a year, this is an optimal service.

4. The use of software

4.1

Subscription-Based Software License. If we have given you the Software as part of your Subscription to use the Service, depending on your compliance to these Terms, we give you non-exclusive license to install and use the Software: (a) within the Territory, (b) until the subscription expires, and (c) in the manner permitted by these Terms and the related documents enclosed in the Software. The Territory refers to the whole world except the rival countries of our esteemed brother, the United States, and other countries which ban the use of the Software and other Services. You may activate the Software in at a maximum of two machines at a time, if these machines can be traced to the same identified Account in the Republic. However, the software may not be used simultaneously in the same computer. It can only be used one at a time because the operator is slow.

4.2

Device-Based Software License. If you have purchased the software based on the number of your apparatuses (for example, purchasing a lot of books or what not to study faster), your license is covered under this section:

(a)

License. Depending on your compliance to these Terms and the coverage of the license, we give you non-exclusive license to install and benefit from the Software: (1) in the Territory, (2) until the license terminates, (3) covered by the license, (4) in the manner permitted by these Terms and the related documents enclosed in the Software.

(b)

Sharing from the Server. If the license permits us to connect with each other, you may copy the icon of the Software in your server on the intranet to store or download and install the Software in computers which share the same intranet. The intranet is defined as a group of private computers own by a collective that could be accessed by your network and other authorized employees and benevolent contractors. The intranet is not part of the Internet, a networked community that connects to suppliers, sellers, and distributors in the Server, and other networked communities open to the public.

4.3

General License. If the Software was provided as part of the Services regardless of the subscription or number of apparatuses, depending on your compliance to these Terms and the coverage of the license, we grant you non-exclusive license to install and benefit from the Software: (a) in the Territory, (b) with the aim of using and accessing the Services, and (c) in the manner permitted by these Terms and the related documents enclosed in the Software.

4.4

Other Types of Liscenses.

(a)

Evaluation Version. We may assign Software or Services as “beta,” “for evaluation,” “not for sale” or other similar designations. We may install and use the evaluation copy within the proposed dates for evaluation and only for the purposes of evaluation. You may not use Stuff generated in the evaluating copy for anything, except as non-commercial Stuff.

(b)

Educational Version. If we are to assign the Software as or for educational use (educational version), it is apt that the Software be used according to the requisites regarding it, in accordance with the contract on “educational use.” Educational services may be installed and used in any country with the available standards and Laws that can instate you as an educational user. If you are socialite living in Europe, the use of the word Area or any word that refers to Location points to the economic areas of Europe.

4.5

Prohibitions and Requisites.

(a)

Propriety Notice. You must ascertain that any authorized or permitted copy of the Software you use has been granted property rights and proprietary notice written within or without the said Software.

(b)

Prohibitions. Except if these Terms allow for it, you may not:

(1)

modify, port, adapt, translate the Software;

(2)

reverse engineer, disassemble, extract, or attempt to decipher or determine the source code, the essence, the true philosophical purpose etc., of the Software;

(3)

use or offer the Software in the constitutional bureau service;

(4)

(i) circumvent or hack the security measures we instated to regulate the control or access to the Software or (ii) develop, contribute to, use the Software the Stuff or Services that could circumvent and cheat the said security measures; or

(5)

charge, rent out, sell, license, order, or transfer your rights to the Software, or allow any part of the Software to be copied to another apparatus. If you have bought a Creative License for your group or Creative License for education (registered under a user), you can install or designate users for the permitted documents.

4.6

Territory. If you have purchased more than one license for the Software, you may not install or use Software outside the Area or country where you have bought the license, unless the edition of the program that grants the license should allow it--the program of our agreement. If you have the luxury of social justice and live in Europe, all Areas and mentioned Areas point to the economic area of Europe. We may terminate or finish or abolish any possible action, for the granted license, or suspend the subscription to the Creative License or the access to Services if we catch you using the Software to violate this Section.

4.7

Activation.
The Software requires some steps to activate your Software or validate your subscription. The failure to activate or to register the Software, to validate the subscription, or the violation the aforementioned restrictions and the suspicious use of the Software may lead to reduced functionality, inoperability of the Software, or termination.

5. User conduct

5.1

Permitted Use. There is a level of respect and professionalism expected from you by the community of the Republic. You are accountable for the use of the Services.

5.2

Inappropriate Use. The Services and the Software must not be abused. For example, you cannot:

(a)

copy, modify, feature, license, peddle, sell the Software;

(b)

let others use the Services and Software using information of your Account;

(c)

use the Stuff or Software packaged with the Service to create any kind of database;

(d)

access or attempt to access Services in whatever way except those given, blessed even, and authorized by us;

(e)

contribute Stuff or interact in such a way that violates Intellectual Property Rights (referring to property rights, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and other proprietary rights) of whomever.

(f)

contribute Stuff or interact in such a way that violates Intellectual Property Rights (referring to property rights, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and other proprietary rights) of whomever.

(g)

distribute Stuff that violates the Law: dangerous, threatening, abusive, harmful, slanderous, vulgar, disrespectful, tactless, obscene, violent, voyeuristic, exhibitionistic, shameless, misanthropic, rebellious, grouchy, gay, negro, asshole, idiotic, motherfucker, etc.

(h)

impersonating another person or identity or god or demon or claim that you are not yourself and you are not the one using your account—though it is really you, son of a bitch, you jerk;

(i)

attempt to sack, cripple, destroy the Services, Software and Hardware;

(j)

disturb, interfere, or restrict other Users from using the Service (like peeping, annoying, or harassing, threatening violence or harming children or eating babies or whatever shameless act toward other Users),

(k)

compose chain letters, junk mail, pyramid schemes, spam, or other unsolicited messages;

(l)

sell or advertise or spam any Stuff or other service through the Services, except if we have indicated that the Stuff or Services be sold by you;

(m)

use any method to mine or trade data, or any of the extraction methods connected or anchored to our Services; or

(n)

violate any enacting Law. Have you found any loopholes anywhere? It’s easy to patch them up.

6. Payment

You are supposed to pay the existing tax and any applicable third-party fee (like, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees). It has no bearing on us nor does it concern us, those payments are not our liability. Who knows, we may initiate steps to collect your debts. You will need to pay for all our related expenses and costs accrued from the debt collection.

7. Your guarantees and obligations in damages

7.1

Guarantee. In uploading your Stuff using our Services, you accept that (a) you own all important licenses and permission to use and share your Stuff and (b) you own the right to important permissions that accommodate and acknowledge the license to these Terms.

7.2

Damages. You will pay for damages done to us and our subsidiaries, allies, administrators, agents, employees, partners, licensors, cronies, patrons, children, spouses, whores, bastards, families for any complaint regarding loss, damage including the fees of our lawyers, the damages related to or instigated by your Stuff, your use of the Service and Software, and your violation of these Terms.

8. Disclaimer of guarantees

8.1

Except as expressly stated in the Additional Terms, the Services and Software are provided to you “as is”, or just as it is, or as it stands. To maximum extent permitted by Law, we refuse or disclaim all guarantees, expressed or implied, including implied guarantees of infringement, merchantability, fitness for a purpose, whatever those are. We make no promises of love or promises regarding the Stuff covered by our Service. We disclaim any guarantee (a) for our Service or Software to locate your necessities or dreams in life, that we will always be your associates and remain partners that do not change, every time, sure, and without flaw—there is no such agreement, we are not married to any of you, no promise that we can exceed the dreams you aim to reach; (b) that the results derived from or formed through the use of our Service or given by the Software to the Users are effective, precise and reliable; (c) that you reach your expectations, hopes of justice or any sort of liberation or equality of all social classes, or any utopia hoped for through our provided Services or Software; or that (d) any error or deficit in our Services rendered to you and in the provided Software be corrected.

8.2

We particularly disclaim any relation to whatever action resulting from your use of our Services or provided Software. You may use and benefit from our Service or provided Software at your own discretion and at your own risk, and you alone are responsible and should blame your System for any damage caused by the use of our service, any loss of data and memory that may be caused, whether partially or entirely, of any Service or Software provided by us.

9. Limitation of liabilities

9.1

Except as expressly stated in the Additional Terms, we are not liable to you or anyone for any special, incidental, indirect, consequential or punitive damages (even though we have been advised of the possibility of these damages), including (a) the resulting loss of any data or memory, portion, part, money, whether profit or not, (b) that which is based on the theory of liability, including the breach of contract or guarantee, negligence or other acts of abuse, or (c) anything secondary or consequential to your use or access of our Services or Software. Nothing of the Terms here limits or relinquishes our own liability for gross negligence, intended harm or fatal or injurious violence to ourselves and our employees.

9.2

Our aggregate liability arising out of or relating to these Terms will not exceed a hundred dollars or the aggregate amount that you have paid to access the Services and the provided Software three months before the incident in which we are allegedly liable–we are more certain to pay if we are proven to be liable, or to pay is of greater import. This limitation shall stand even if the maximum value is exceeded and despite our unwillingness to pay for damages.

9.3

The limitations and disclaimers in Section 9 shall be enforced to maximum extent permitted by Law.

10. Conclusion.

10.1

The Conclusion You Approved. You may terminate the use of our Services anytime. The termination of your account does not relieve you from any obligation to pay any debt you owe, including the interest it has accumulated.

10.2

The Conclusion We Approved. In the case that we are to discontinue these Terms for reasons apart from the sole Reason, we are committed to ensure that you are informed 30 days before the termination of the Contract. We will notify you and send to the email address you provided instructions or guidelines on how to recover, store and save your Stuff. Except as expressed in the Additional Terms, we may discontinue these Terms of the Contract if:

(a)

you have violated any condition set in these Terms (or you have acted in such a way that implies you have an ulterior motive or you have a deficit, debt, weakness or any problem you face that will prevent you from following these Terms);

(b)

you have failed to pay before the payment deadline for you to enjoy the Services and Software, if any;

(c)

the Law, whether human or divine law, has ordered us to terminate our agreement (for example if there is a condition in the Services or Software that was, is, or will become a violation to the Law);

(d)

we have so decided to discontinue the Service or Software as whole or in part;

(e)

you have exceeded the time limit that you have not logged in or used your Account and we can no longer determine from the inactive account if your internal system is still activated and you are still in the right mind.

10.3

The Administrator-Approved Conclusion. For Services such as “Creative License for the Group,” the group administrator may terminate the access of any account under said administrator any time. If the administrator of your group has terminated your access to the Services, you have nothing left to do but cry or lie prostrate on the ground or eat at your neighbor’s or sleep until you gain access. You will not be able to view any Stuff you and your group have shared under the said Service.

10.4

Survival. If these Terms have elapsed or have become obsolete or have expired, whatever permanent license entrusted to you for the longest time, your obligation to pay for damages, our guarantees or rights to refuse or limitations in liability, and the disorder ensued from the resolutions and the conditions set forth by these Terms will remain and it will enforce itself. In the case that a part or all the Services have expired, the operation of all software may suddenly terminate without notice.

TICK THE BOX WITH AN “X” TO CONTINUE 

[           ] I have read and accepted these Terms whole-heartedly

[<|DECLINE/BACK]        [ACCEPT/CONTINUE|>]

"Terms" first appeared as "Tuntunin" in Likhaan: The Journal of Contemporary Philippine Literature 9 (2015). "Tuntunin" is part of Babala ng Balang Araw at Iba Pang Abiso (A Sign from Someday and Other Notices), a project funded by the UP System Enhanced Creative Work and Research Grant (ECWRG Grant No. 2017-1-016) of University of The Philippines - Office of the Vice President for Academic Affairs.

Tilde (Arbeen R. Acuña) holds an MA in Philippine Studies from the University of the Philippines, where he teaches courses on writing, literature, and interdisciplinary research. Humanities DilimanKritika KulturaBanwaJacket2, and other platforms published his works; his recent zines include Apo sa Ika-22 Siglo: Mga Abstrak (Apo in the 22nd Century: Abstracts; 2017) and Klasiko Katalogo (Classics Catalogue; 2018). He writes "Materials, for Preposterity" for DavaoToday.

Bernard Capinpin is a poet and translator. He is currently working on a translation of Ramon Guillermo's Ang Makina ni Mang Turing. He resides in Quezon City.