Welcome to mylx.biz by VMobile
Technologies Incorporated. Please read the following to learn
1. ACCEPTANCE OF TERMS
mylx.biz 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
In addition, when using particular mylx.biz services, you and mylx.biz
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
Mylx.biz primarily is an Internet website designed to provide transaction
record retrieval, account maintenance, and account monitoring
to its members through its online-based information management
system, enabling a Virtual Office Facility mylx.biz (the "SERVICE").
Secondly, it has a Short Messaging Service (SMS) feature which
permits authorized subscribers to send SMS text commands to
a designated access number/s, and/or use of the myLXe
Virtual Office Facility.
Keyword(s) are assigned by the mylx.biz 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 myLX system. Response messages
may by returned by the myLX
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
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 mylx.biz.
Unless explicitly stated otherwise, any new features that augments or
enhances the current Service, including the release of new mylx.biz
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 mylx.biz Service assumes no
responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or
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,
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 mylx.biz
has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, mylx.biz 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).
Registration Data and certain other information about you are subject
policy at http://www.mylx.biz/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 mylx.biz
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. mylx.biz cannot and will not be liable for any
loss or damage arising from your failure to comply with this
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 mylx.biz,
are the sole responsibility of the person from which such Content
originated. This means that you and not mylx.biz are entirely
responsible for the content of all messages that you originate,
send or transmit in response to messages received via the Service.
mylx.biz 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 mylx.biz,
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
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
minors in any way;
c. impersonate any person or entity,
including, but not limited to, a mylx.biz administrator,
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
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 mylx.biz 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;
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 mylx.biz does not pre-screen Content, but that
mylx.biz 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, mylx.biz and its
designees shall have the right to remove any Content that violates
the TOU or is otherwise considered objectionable by the mylx.biz
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
You acknowledge and agree that mylx.biz 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 mylx.biz, 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
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 agree to indemnify and hold mylx.biz, 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 mylx.biz 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 mylx.biz'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 mylx.biz 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 mylx.biz reserves the right to log off
accounts that are inactive for an extended period of time. You
further acknowledge that mylx.biz 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
mylx.biz 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
mylx.biz shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
You agree that mylx.biz, 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 mylx.biz believes that you have violated or acted
inconsistently with the letter or spirit of the TOU.
mylx.biz 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 mylx.biz 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
mylx.biz 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 mylx.biz,
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 mylx.biz 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. mylx.biz's PROPRIETARY
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 mylx.biz 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.
mylx.biz 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 mylx.biz for use in accessing the Service.
15. RESTRICTIONS ON USERS WITH ADMINISTRATOR RIGHTS
and agree that the Administrator Rights (“Rights”) granted to
you by mylx.biz is not an unbridled one for the use of
the Service, but is subject to limitations as set forth in this
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 mylx.biz programs (or
the network(s) connected to and hosting mylx.biz) or interfere
with any other party's use and enjoyment of any mylx.biz
You may not
attempt to gain unauthorized access to any mylx.biz facilities,
other accounts, computer systems or networks connected to and
hosting any mylx.biz, 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.
shall prosecute to the full extent of the law any and all users
with such Rights who would be found violating the aforementioned
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 mylx.biz 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. mylx.biz 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. mylx.biz 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 mylx.biz 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 mylx.biz 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 mylx.biz 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
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.
mylx.biz 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.
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
mylx.biz, the mylx.biz logo, and service marks, and other mylx.biz
logos and product and service names are trademarks of VMobile
Technologies Incorporated, (the "mylx.biz Marks").
Without mylx.biz's prior permission, you agree not to display
or use in any manner, the mylx.biz marks.
22. GENERAL INFORMATION
The TOU constitute the entire agreement between you and mylx.biz
and governs your use of the Service, superceding any prior agreements
between you and mylx.biz. 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 mylx.biz shall be governed
by the laws of the Philippines, without regard to its
conflict of laws provisions.
You and mylx.biz agree to submit to the exclusive jurisdiction of
the courts located within Quezon
The failure of mylx.biz 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.
Please report any violations of the TOU to the mylx.biz administrator
by telephone at (63 2) 706.3818.
Copyright (c) 2008 VMobile Technologies
All rights reserved