Terms and Conditions
Welcome to the PINOYPUB.PH website... a website owned and operated by EVERGREEN Multimedia Inc.
I. LICENSES AND RESTRICTIONS
PinoyPub.ph grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with PinoyPub.ph) of the contents of the PinoyPub.ph Site, which includes the Digital Content, as defined in Section XII, ("Content"). Additional terms and conditions apply to Digital Content and the PinoyPub eReader Software, as those terms are defined in Section XII below, and User Created Content, as that term is defined in Section XIII below. PinoyPub.ph further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the PinoyPub.ph Site so long as the link does not portray PinoyPub.ph, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to:
- modify, download (other than page caching), reproduce, copy, or resell the PinoyPub.ph Site, the Content (other than Digital Content, as set out in Section XII below) or any portion or derivative thereof;
- commercially use the PinoyPub.ph Site, the Content or any portion derivative thereof (unless User has a business relationship with PinoyPub.ph);
- copy or download any User's account or profile information for the benefit of any third party;
- enable high volume, automated, electronic processes that apply to the PinoyPub.ph Site or its systems, the Content or any portion or derivative thereof;
- use any robot, spider, data miner, crawler, scraper or other automated means to access or index the PinoyPub.ph Site or its systems, the Content or any portion or derivative thereof for any purpose;
- interfere or attempt to interfere with the proper working of the PinoyPub.ph Site;
- bypass any PinoyPub.ph measures used to prevent or restrict access to any portion of the PinoyPub.ph Site, the Content or any portion or derivative thereof;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PinoyPub.ph;
- use PinoyPub.ph name, trademarks, services marks or logos in any meta tags or any other "hidden text" or
- compile, repackage, disseminate or otherwise use data extracted from the PinoyPub.ph Site.
- The foregoing are expressly prohibited; the right to do any of the foregoing shall require PinoyPub.ph's express written consent (which may include a written agreement signed by an authorized representative of PinoyPub.ph). Any unauthorized use of the PinoyPub.ph Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by PinoyPub.ph.
PinoyPub.ph and its valued partners, own the trademarks or service marks that are used on the PinoyPub.ph Site and in connection with the PinoyPub eReader Software. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of PinoyPub.ph and its licensors and valued partners may not be used without prior written consent of PinoyPub.ph or its licensor and partner, as the case may be. Without limiting the foregoing, no PinoyPub.ph trademark or trade dress may be used in connection with any product or service that is not PinoyPub.ph's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits PinoyPub.ph.
User acknowledges that the PinoyPub.ph Site contains Content, including Digital Content, as that term is defined in Section XII below, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content, including Digital Content, is or may be copyrighted as a collective work under the Philippine and Internationasl copyright laws, and PinoyPub.ph owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the PinoyPub.ph Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, exclusive of Digital Content and the PinoyPub eReader Software, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. User may not upload, post, reproduce, or distribute in any way Content, including Digital Content and the PinoyPub eReader Software, protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
PinoyPub.ph is a distributor and not a publisher of Content, including Digital Content, as that term is defined in Section XII below, supplied by third parties and Users. PinoyPub.ph has no editorial control over such Content. PinoyPub.ph is not obligated to review Content, including Digital Content and User Created Content, as that term is defined in Section XIII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including Digital Content and User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of PinoyPub.ph or any PinoyPub.ph Provider, unless expressly stated otherwise. Neither PinoyPub.ph nor any PinoyPub.ph Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including Digital Content and User Created Content, available through the PinoyPub.ph Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either PinoyPub.ph or any PinoyPub.ph Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the PinoyPub.ph Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including Digital Content and User Created Content, available through the PinoyPub.ph Site.
The price for an item on the PinoyPub.ph Site may differ from the price shown in a User's shopping cart — it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the PinoyPub.ph Site. If the price for the item on the PinoyPub.ph Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of PinoyPub.ph, PinoyPub.ph may either (i) contact the User for instructions before delivery or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) deliver the item at the incorrect price to the benefit of the User.
Please note that this policy regarding prices applies only to items sold and delivered by PinoyPub.ph. Any purchases of Digital Content, as that Term is defined in Section XII below, or from any third-party sellers on the PinoyPub.ph Site (e.g., sellers of products provided via PinoyPub Partners and Distributors) may be subject to different policies in the event of an incorrectly priced item.
V. RISK OF LOSS
With the exception of Digital Content, as that Term is defined in Section XII below, the risk of loss and title for all items purchased via the PinoyPub.ph Site pass to the User upon delivery of the item.
VI. PRODUCT DESCRIPTION
The items offered for sale on the PinoyPub.ph contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. PinoyPub.ph does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM PINOYPUB.PH THAT IS NOT AS DESCRIBED ON THE PINOYPUB.PH SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO REPORT SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
VII. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use PinoyPub websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the PinoyPub websites, we will remove that information as soon as possible.
VIII. TERMINATION OF USAGE
In certain cases, in PinoyPub.ph's sole discretion, PinoyPub.ph may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the PinoyPub.ph Site has been terminated including the right to use, access or create any account thereon; (ii) that PinoyPub.ph refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
X. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the PinoyPub.ph Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her PinoyPub.ph account using an old e-mail address, such User will not receive messages from PinoyPub.ph about his or her orders and inquiries or other matters).
User accepts full responsibility for all activities that occur within such User's PinoyPub.ph account or within the PinoyPub.ph interactive community.
XI. DIGITAL CONTENT
Users may generally browse, preview, or search Digital Content without having to purchase or download the Digital Content. In order to be able to purchase and/or download Digital Content, a User must first open a PinoyPub.ph account; provide valid credit card information and the User's billing address to PinoyPub.ph; and install PinoyPub's eReader software application (the "PinoyPub eReader Software") onto their computer or electronic reading device(s). At the time of installation, PinoyPub grants User a non-exclusive, revocable license to download and make personal, non-commercial use of the PinoyPub eReader Software solely for the purpose of downloading, purchasing, accessing, reading and using Digital Content, all subject to the terms of the PinoyPub eReader Software End User License Agreement. PinoyPub.ph reserves the right to automatically update, modify and/or reinstall the PinoyPub eReader Software. The PinoyPub eReader Software is subject to restriction and/or revocation for security purposes or other purposes as determined by PinoyPub.ph.
There may be separate end user license agreements you may need to accept in connection with specific hardware or software you may use to interact with the PinoyPub eReader Software. Your failure to accept and agree to the terms of those agreements may prevent, restrict and/or limit your ability to use the PinoyPub eReader Software.
Digital Content is only available for purchase by Users with a credit card or through authorized partners and distributors.
PinoyPub.ph reserves the right to modify or discontinue the offering of any Digital Content at any time. If a unit of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content. Some Digital Content may not remain available, if for example, the publisher of the Digital Content no longer retains the rights or other licenses, consents or permissions to that Digital Content. Digital Content already downloaded to your system or device[s] will not be affected.
You may not (i) modify, alter, duplicate, reproduce, copy, distribute copies of, disassemble, reverse engineer, emulate, decompile, or tamper with the PinoyPub eReader Software or Digital Content; (ii) create derivative works from or of the PinoyPub eReader Software or Digital Content; (iii) bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect the PinoyPub eReader Software or Digital Content; (iv) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Digital Content or any portion thereof, including but not limited to any metadata associated with the Digital Content; or (v) rent, loan, lease, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the Digital Content available to any third party.
XII. INTERACTIVE COMMUNITY
The PinoyPub.ph Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). This Section XIII, Interactive Community, applies to the activities of persons who are using interactive services on the Site ("Interactive Community Users"). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you view or participate in the PinoyPub Book Clubs, post a review, create a list, create a profile, submit any User Created Content, as defined below, or otherwise participate in any interactive feature.
PinoyPub.ph reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason.
If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please notify PinoyPub.ph immediately.
Notwithstanding the foregoing, PinoyPub.ph assumes no responsibility for ongoing monitoring of the PinoyPub.ph Site or for removal or editing of any User Created Content, even after receiving notice. PinoyPub.ph assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community.
The PinoyPub.ph online interactive community is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles; and individuals ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. PinoyPub.ph does not specifically sponsor or endorse any of these sites or their services.
You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the PinoyPub.ph Site; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the PinoyPub.ph Site, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the PinoyPub.ph Site or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the PinoyPub.ph Site in order to harass, abuse, or harm another person or entity, or attempting to do the same.
Interactive Community Users may upload to or otherwise submit to PinoyPub.ph for distribution on the PinoyPub.ph Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for PinoyPub.ph to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." PinoyPub.ph is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. PinoyPub.ph assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted PinoyPub.ph, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to PinoyPub.ph retains any and all rights which may exist in such User Created Content.
User consents to receive electronic communications from PinoyPub.ph, whether addressed to the e-mail address associated with such User's PinoyPub.ph account or posted on the PinoyPub.ph Site. User acknowledges and agrees that any communication via e-mail or by postings on this PinoyPub.ph Site satisfies any legal requirement that such communications be made in writing.
XIV. DISCLAIMERS AND LIMITATION OF LIABILITY
PinoyPub.ph is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any Digital Content and User Created Content or the accuracy and reliability of the Content, including Digital Content and User Created Content, posted on the PinoyPub.ph Site or through the PinoyPub.ph Services, whether caused by Users of the PinoyPub.ph Site or the PinoyPub.ph Services or by any of the equipment or programming associated with or utilized in the PinoyPub.ph Site or the PinoyPub.ph Services, including the PinoyPub eReader Software. Content, including Digital Content and User Created Content, does not necessarily reflect the opinions or policies of PinoyPub.ph. Profiles and third party applications created and posted by Users on the PinoyPub.ph Site may contain links to other websites. PinoyPub.ph is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by PinoyPub.ph. Inclusion of any linked website on the PinoyPub.ph Services does not imply approval or endorsement of the linked website by PinoyPub.ph. When you access these third party sites, you do so at your own risk. PinoyPub.ph takes no responsibility for third party advertisements or third party applications that are posted on or through the PinoyPub.ph Site or the PinoyPub.ph Services, nor does it take any responsibility for the goods or services provided by its advertisers. PinoyPub.ph is not responsible for the conduct, whether online or offline, of any User of the PinoyPub.ph Site or the PinoyPub.ph Services. PinoyPub.ph assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. PinoyPub.ph is not responsible for any problems or technical malfunction of the PinoyPub eReader Software, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the PinoyPub.ph Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the PinoyPub.ph Site or Services. Under no circumstances shall PinoyPub.ph be responsible for any loss or damage, including personal injury or death, resulting from use of the PinoyPub.ph Site or Services, from any Content, including Digital Content and User Created Content, posted on or through the PinoyPub.ph Services, from the PinoyPub eReader Software, or from the conduct of any Users of the PinoyPub.ph Site or PinoyPub.ph Services, whether online or offline.
The PinoyPub.ph Site and the PinoyPub eReader Software are provided by PinoyPub.ph on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each PinoyPub.ph provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, neither PinoyPub.ph nor any PinoyPub.ph Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the PinoyPub.ph Site, or the information, Content, including Digital Content and User Created Content, the PinoyPub eReader Software, and materials or products included thereon; (ii) that the PinoyPub.ph Site or the PinoyPub eReader Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including Digital Content and User Created Content, service, the PinoyPub eReader Software, or merchandise provided through the PinoyPub.ph Site; or (iv) that the PinoyPub.ph Site, its servers, the PinoyPub eReader Software, or e-mails sent from or on behalf of PinoyPub.ph are free of viruses, scripts, trojan horses, worms or other harmful components.
PinoyPub.ph does not guarantee the continuous, uninterrupted or secure access to the PinoyPub.ph Site, the PinoyPub eReader Software, or any related services. The operation of the PinoyPub.ph Site and the PinoyPub eReader Software may be interfered with by numerous factors outside the control of PinoyPub.ph.
Under no circumstances shall PinoyPub.ph or any PinoyPub.ph Provider be liable for any damages that result from the use of or inability to use the PinoyPub.ph Site, including but not limited to reliance by a User on any information obtained from the PinoyPub.ph Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to PinoyPub.ph's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including Digital Content and User Created Content, the PinoyPub eReader Software, merchandise, and services available through the PinoyPub.ph Site.
Neither PinoyPub.ph nor any PinoyPub.ph Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the PinoyPub.ph Site, the PinoyPub eReader Software, or the purchase or download of any Content, including Digital Content, or product therefrom, even if PinoyPub.ph or any PinoyPub.ph Provider have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
XVI. APPLICABLE LAW; JURISDICTION
Each of PinoyPub.ph and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within the Philippines and waives any objection to the laying of venue of any litigation in said courts.
XVII. DISPUTE RESOLUTION
Alternatively, at PinoyPub.ph's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in the Philippines.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
You are solely responsible for your interactions with other Users. PinoyPub.ph reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.