Terms and Conditions

 

Privacy and Cookie Policy
Pinoypub Games and Apps
Effective Date: March 01, 2020

Evergreen Multimedia Inc (“Pinoypub” or “we”) is dedicated to protecting the privacy rights of our online 

users (“users” or “you”). This Online Privacy and Cookie Policy (the “Policy”) has been crafted to inform you 

as to the ways we collect, store, use, and manage the information you provide in connection with any 

Pinoypub website (collectively, the “Site”), or any Pinoypub game or application (the Site, games and 

applications are, collectively, the “Service”). Please note that the scope of this Policy is limited only to 

information collected by Pinoypub through use of the Service. This Policy does not apply to the practices of 

third parties that Pinoypub does not own or control.

When signing up for the Service, you are invited to agree with this Policy and the processing of your data, 

including your personal information, also called personal data in some jurisdictions (we refer to this 

information/data collectively as “personal information” throughout this Policy), in the manner provided in this 

Policy and our Terms of Use. We therefore process your personal information based on your consent. In any 

event, any use of the Service will be construed as your agreement with this Policy and our Terms of Use. If 

you do not agree to these terms, please do not use the Service.

It is advised that you review this Policy regularly as it may be amended from time to time as set out below 

(see the Changes to this Policy section below).

Information collection
We collect information about you directly from you, from third parties, and automatically through your use 

of our Service. We may combine the information that we collect about you from these various sources.

Information we collect directly from you

We will also collect any information that you provide to us through your use of our Service. The types of 

personal information we collect may vary depending on your activity. Personal information may include:

Your name;
User identification number;
Email address.
When you pay for products offered for purchase though the Service, we will also collect your billing address 

and complete credit card information that enables us to receive your payment. Our payment processing 

service provider may also retain this information to enable you to purchase additional items through our 

Service without having to re-enter it each time. We do not directly access or store your credit card 

information and we will not use your payment information we collect except as needed to fulfill your 

purchase and/or communicate with you regarding your transaction.

If you contact us via email (e.g., to contact customer support), we will collect your name and email 

address, as well as any other content included in the email, in order to send you a reply. We may use your 

personal information submitted in your communications to contact and respond to you.

Additionally, we may acquire information from you through your access and participation in message boards 

on the Service. This information may include posts, comments, photos or screenshots, videos, ratings, and 

in-game messages. If you post content to our Service, such information may be available to other users of 

our Service (e.g., in-game messages will be available to the recipient of your message and if you upload a 

profile picture, your image may be available to all other users of our Service). If you post your own content 

on our Service, your posting may become public and Pinoypub cannot prevent such information from being 

used in a manner that may violate this Policy, our Terms of Use, the law, or your personal privacy.

Information we collect about you from third parties

When you install any of the Service, we may collect and record the information you provide us voluntarily 

through a social networking website in accordance with their policies and terms.

If you log into our Service using Facebook, you must enter your Facebook email address and password. We 

will ask that you grant us permission to access and collect your Facebook basic information (this includes 

your name, profile picture, gender, networks, user IDs, list of friends, date of birth, email address, and any 

other information you have set to public on your Facebook account).  If you allow us to have access to 

this information, then we will have access to this information even if you have chosen not to make that 

information public.

If you log into our Service using Google, you must enter your Google email address and password.  By 

logging in through Google, you are granting us access to your Google profile information, which may include 

your name, location, email, birthday, and any demographic data.

Information we collect automatically about your use of our Service

When you use the Service, we may record information regarding the use of the Service, and we may collect 

other information that is visible on your social network page in accordance with the relevant terms of use 

associated with that page.

The Service will also record game play information such as your high scores or game session duration. When 

you invite new members into your network on the Service or send messages through the Service, we 

collect and maintain the information associated with those messages, including email address and content.

If you use the Service on your mobile telephone or other mobile device, including iPads and tablets, we 

collect mobile device identifiers, including Media Access Control (MAC) address, and possibly IP address. In 

certain games we will create and assign to your device an identifier that is similar to an account number. 

We may collect the name you have associated with your device, device type, telephone number, country, 

and any other information you choose to provide, such as user name, character name, general location 

(based on your Internet Protocol ("IP") address) or e-mail address. This information is useful to us for 

troubleshooting and helps us understand usage trends.

Except as described in this Policy, we will not share this information with any third party. If you no longer 

wish to allow us to track or use this information, you may turn it off at the device level. Please note, the 

application may not work properly if we are unable to tell where you are coming from (country specific).

In addition, we create a unique user ID to track your use of our Service. This unique user ID is stored in 

connection with your account information to track the Pinoypub games you are playing.

Please see the Cookies section below for more information about the information we automatically collect 

about you.

Public Information

Some of the information you give us when you register to play our games is open to the public, such as 

your profile picture, number of friends, your username, the list of games that you play and the date of 

registration. Should you wish to hide any of the information that is made public, you can do so by changing 

the settings to "only me" in the privacy settings tab of your profile.

Information use
We need the above personal information for the purposes as described in this Policy, and not providing this 

information will have an impact on our ability to provide you with the Service. Pinoypub’s primary objective 

in collecting user information is to provide and enhance the Service and to enable users to easily navigate 

and enjoy the Service. This includes sending you electronic communications related to the Service, from 

which you can unsubscribe at any time using the instructions in such communications. In addition, we may 

use user information for the following purposes:

Providing and improving our Services. To facilitate payments and communications between users; to provide 

and maintain the Service; to improve the Service; to develop new features, products, or services; to 

authenticate users; to perform technical operations, such as updating software; to validate our users and 

ensure their qualifications to use the Service; and for other customer service and support purposes.

Marketing and communications. To communicate with you, including via email or push notification, about 

your account and use of the Service, including to send Service and product updates; to respond to your 

inquiries; to provide you with news and newsletters, special offers, promotions, and other information we 

think may interest you; and for other informational, marketing, or promotional purposes. For more 

information about opting out of certain communications, please see the Your rights and choices in relation 

to your personal information section below.

Research and analytics. To analyze how you interact with the Service; to monitor and analyze usage and 

activity trends; and for other research, analytical, and statistical purposes.

Protecting rights and interests. To protect the safety, rights, property, or security of Pinoypub, the 

Service, any third party, or the general public; to detect, prevent or otherwise address fraud, security or 

technical issues; to prevent or stop activity which Pinoypub, in its sole discretion, may consider to be, or to 

pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and 

to enforce this Policy and our Terms of Use.

Legal compliance. To comply with applicable legal or regulatory obligations, including as part of a judicial 

proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an 

investigation or request, whether formal or informal, from law enforcement or a governmental authority.

Cookies
Like many services, Pinoypub uses server log files and automated data collection tools, such as cookies and 

web beacons (collectively, “Data Collection Tools”) when you access or use our Service. We tie the 

information gathered by these means to our customers’ personal information. These Data Collection Tools 

automatically track and collect certain technical information that your computer or device, such as your IP 

addresses, browser types, browser language, referring and exit pages, URLs, platform type, the number of 

clicks, domain names, landing pages, clickstream data, pages viewed and the order of those pages, the 

amount of time spent on particular pages, game information and the date and time of activity on our 

Service, and other similar information. In some cases, we will associate this technical information with your 

ID number for our internal use. By using our Service, you consent to our use of cookies, web beacons and 

Data Collection Tools.

We use cookies for a variety of reasons, including to: (i) analyze the usage of our Service; (ii) provide a 

more personalized experience; (iii) manage advertising; (iv) allow you to more easily login to our Service; 

(v) help make your use of our Service more efficient and more valuable by providing you with a customized 

experience and recognizing you when you return.

We may also employ web beacons or other technology for a variety of reasons such as: (i) allowing us to 

know if a certain page was visited or whether an email was opened; and (ii) tracking pixels, which allow us 

to advertise more efficiently by excluding our current users from certain promotional messages or identifying 

the source of a new installation.

You can set your web browser to warn you about attempts to place cookies on your computer, limit the 

type of cookies you allow or refuse cookies all together. We invite you to visit the support websites of the 

various browsers you may use to learn on how to block the use of Data Collection Tools. However, you may 

not be able to use some or all of the features of the Service if you refuse/disable cookies.

Do not track disclosure
Our Service does not respond to Do Not Track signals. For more information about Do Not Track signals, 

please click here. You also may opt out of interest-based advertising by following the instructions in the 

"Your rights and choices in relation to your personal information" section below.

Third party services
Please note that third party partners/providers, such as analytics companies or companies delivering 

advertisements in our games or on the Service, may also use cookies or other technologies, and those 

practices and providers are subject to their own policies.

We use mobile analytics software to allow us to better understand the functionality of our mobile software 

on your device. This software may record information such as how often you use the application, the 

events that occur within the application, aggregated usage, performance data, and where the application 

was downloaded from. We do not link the information we store within the analytics software to any 

personal information you submit within the mobile application.

Our Service may contain third party tracking tools from our service providers. Such third parties may use 

cookies, APIs, and SDKs in our services to enable them to collect and analyze user information on our 

behalf. The third parties may have access to information such as your device identifier, MAC address, geo-

location information, and IP address for the purpose of providing their services under their respective 

privacy policies. This Policy does not cover the use of tracking tools from third parties. We do not have 

access or control over these third parties. The following are examples of the third parties that we use for 

analytics:

Google Analytics

Pinoypub uses a tool called “Google Analytics” to collect information about use of this Service. Google 

Analytics collects information such as how often users visit this Site, what pages they visit when they do 

so, and what other sites they used prior to coming to this Site. Pinoypub uses the information it gets from 

Google Analytics to understand Service usage and patterns and to improve its Service. Google Analytics 

collects only the IP address assigned to you on the date you visit a Service, rather than your name or 

other identifying information. Pinoypub does not combine the information collected through the use of 

Google Analytics with personal information. Although Google Analytics plants a permanent cookie on your 

web browser to identify you as a unique user the next time you visit a Service, the cookie cannot be used 

by anyone but Google.

Google’s ability to use and share information collected by Google Analytics about your visits to our Service 

is restricted by the Google Analytics Terms of Use (as amended for government websites) and the Google 

Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this Site by 

disabling cookies on your browser or mobile device. For more information about Google Analytics, please see 

the Google Privacy Policy. To prevent Google Analytics from using your data through a web browser, you 

can get the Google Analytics Opt-out Browser Add-on.

Sharing of information with third parties
Except as set forth in this Policy, Pinoypub does not share your personal information with any third parties. 

In the event we offer services or promotions where your information is separately collected and used 

according to the privacy policy of a third party, we will inform you of that at the time of collection and you 

may elect not to participate in the service or promotion.

We will share your information with other Pinoypub users as necessary to provide our Services. For example, 

if you post a profile picture, that picture may be available to all other users of our Services.

We also may share your information with third parties as required by legal or regulatory obligations; as 

requested by law enforcement or other government officials in connection with an investigation of fraud, 

intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability; 

or as Pinoypub otherwise deems necessary to detect, prevent, or otherwise address fraud, security, 

technical issues, or other threats to Pinoypub or others.

We may share your information with third party companies that perform services on our behalf, including 

payment processing, order fulfillment, data analysis, marketing services, email campaigns, hosting services, 

and customer service. While providing the services for us, these companies may access your personal 

information, and are required to use it solely as directed by us for the purpose of our requested service.

In conjunction with the running of our games we may partner with a third party to assist us in providing you 

with our Service. We will share the information you provide us through your social network, such as (1) 

your first and last name; (2) your profile picture or its URL; (3) your user identification number of the 

pertinent social network, which is linked to publicly available information such as name and profile picture; 

(4) the login email you provide to the pertinent social network upon registration; and (5) game play 

information with these third parties so they may facilitate the use of our Service as well as contact you 

about other games which may be of interest to you, service notifications and to solicit your feedback and 

input. If you do not wish to have this information shared please do not use our Service. If you wish to no 

longer have your personal information used by our partners you may contact us at support.Pinoypub.com 

and we will facilitate your request to the partner.

We may disclose your information to another entity in connection with, including during negotiations of, an 

acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any 

other similar business transfer.

We may use and share with third party advertisers (and other third parties) certain technical information 

and other non-personal information to show general demographic and preference information among 

Pinoypub users. We may also allow advertisers to collect technical information and other non-personal 

information, which they may share with us, through the use of tracking technologies like cookies and web 

beacons. The information collected may be used to offer you targeted ad-selection and delivery in order to 

personalize your user experience by increasing the likelihood that advertisements for products and services 

you see will appeal to you, a practice known as behavioral advertising, and to undertake web analytics (i.e. 

to analyze traffic and other end user activity to improve your experience). Please see the your rights and 

choices in relation to your personal information section below for more information about opting out of 

behavioral advertising.

Information about our users is an integral part of our business. We share your personal information only as 

described in this Policy.

Storage of your personal information
The personal information we collect, as described in this Policy, is being stored on servers in the United 

States and is accessible to our offices in the Philippines. You expressly agree with your personal information 

being stored and processed in the Philippines.

Data retention
We will keep you information for as reasonably necessary for the purposes set out above, though generally 

no longer than 3 years.

We may keep your personal data for longer if required by applicable laws.

Protecting personal information
We strive to protect personal information while it is under our control. If you have an account with us, your 

account information is accessible online only through the use of a password. To help protect the 

confidentiality of personal information, you must keep your password confidential and not disclose it to any 

other person. You acknowledge that you provide your personal information at your own risk. You are also 

responsible for all uses of the Pinoypub games and applications by any person using your password. Please 

advise us immediately if you believe your password has been compromised or misused.

Security
We have implemented commercially reasonable technical, physical, managerial and organizational measures 

designed to secure your personal information from accidental loss and from unauthorized access, use, 

alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to 

defeat those measures or use, disclose, or alter your personal information for improper purposes. Also 

please note that email and messaging systems are not considered secure, so we discourage you from 

sending us personal information through these mediums.

In the event that personal information has been or is compromised as a result of a breach of security, 

Pinoypub will promptly notify those persons whose personal information has been compromised, in 

accordance with the notification procedures set forth in this Policy, or as otherwise required by applicable 

law.

To protect your privacy and security, we may take reasonable measures (such as requiring a unique 

password) to verify your identity before permitting you access to your account or the Service. You are 

responsible to maintain the secrecy of your unique password and account information, and for controlling 

access to your email communication or interaction through the Site or Pinoypub's authorized social 

networking at all times.

Your rights and choices in relation to your personal information
Accessing, correcting, or deleting your personal information

Pinoypub takes your privacy seriously and works in a transparent way. In that sense, upon providing 

sufficient identification (to protect others' privacy), you can request information from us about the personal 

information we hold in relation to you and you can correct any inaccurate data we hold.

Furthermore, you can change or delete any personal information by changing the applicable information 

found in your Pinoypub account. However, if you decide to delete or anonymize your personal information, 

you may no longer have access to certain content (e.g. information of your game progress) and your 

account may become deactivated.

You have the right to withdraw your consent, on the basis of which we process your personal information, 

at any time, by closing your account or otherwise clearly indicating your withdrawal of consent. However, 

this does not affect our lawful processing based on your consent before this withdrawal.

If you want to exercise any of these rights, please contact us at: pprcs@pinoypub.ph

Marketing communications

Subject to applicable legal provisions, we may send periodic promotional or informational emails to you. You 

may opt out of such communications by following the opt-out instructions contained in the e-mail. Please 

note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of 

receiving emails about recommendations or other information we think may interest you, we may still send 

you e-mails about your account or any Service you have requested or received from us.

Push notifications

We may occasionally send you push notifications through our mobile applications to send you game 

updates, high scores and other service related notifications that may be of importance to you. You may at 

any time opt out from receiving these types of communications by turning them off at the device level 

through your settings.

Behavioral advertising

Users in the United States may opt out of many third-party ad networks. For example, you may go to the 

Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based 

advertising and your choices regarding having information used by DAA companies. You may also go to the 

Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-

based advertising and your choices regarding having information used by NAI members. Additional 

information is available on the DAA’s website at www.aboutads.info or the NAI’s website at 

www.networkadvertising.org.

Users in the European Union may go the European Interactive Digital Advertising Alliance (“EDAA”) Your 

Online Choices website and select their country to learn more about interest-based advertising and how to 

opt out in their own country. For example, users in France may go to the Contrôler ses cookies website to 

opt out of certain third-party ad networks’ interest-based advertising and find additional information at 

www.youronlinechoices.com/fr.

Opting out from one or more companies listed on the DAA Consumer Choice Page, the NAI Consumer Opt-

Out Page, or through the various EDAA websites will opt you out from those companies’ delivery of 

interest-based content or ads to you, but it does not mean you will no longer receive any advertising 

through our Site or App or on other websites. You may continue to receive advertisements, for example, 

based on the particular website that you are viewing (i.e., contextually based ads). If your browser is 

configured to reject cookies when you opt out on the DAA, NAI, and/or EDAA websites, your opt out may 

not be effective. Please note that if you use multiple devices you will have to opt out on each individual 

device.

Links to other websites or applications
Links from the Pinoypub Service to third party websites or applications are provided for your convenience. 

In addition, content in the Service may be hosted by other websites or applications. Any personal 

information you provide on the linked pages or applications is provided directly to that third party and is 

subject to that third party's privacy policy, not ours. These other websites and applications maintain their 

own policies regarding cookies and the collection and use of personal information. It is up to you to review 

those policies yourself.

Changes to this policy
Pinoypub may amend this Policy from time to time. Use of information we collect now is subject to the 

Policy in effect at the time such information is used. If we make changes in the way we use personal 

information, we will notify you by posting an announcement on our Service or sending you an email. You are 

bound by any changes to the Policy when you use the Service after such changes have been first posted. 

If you object to any change, your sole recourse shall be to immediately terminate your account and cease 

using the Service.

Questions or concerns & contact details
If you have any questions or concerns regarding privacy at Pinoypub, please contact us at:
Email: pprcs@pinoypub.ph.

Postal address: Evergreen Multimedia Inc.

Globe Telecom Plaza Tower 1, Pioneer St., Cor, Madison, Mandaluyong, 1550 PH

While we prefer that you contact us in case you have any issue or feel we do not respond adequately to 

your questions or concerns, please note that you have a right to lodge a complaint with your competent 

supervisory authority.

Website Use

 

The terms and conditions stated below, along with the policies and guidelines located throughout the PINOYPUB.PH Site (collectively herein the "Terms of Use") identify what you, as a user of PINOYPUB SITE ("you" or "User") can expect from EVERGREEN Multimedia Inc. (together referred to herein as "PinoyPub.ph"), and/or persons who provide products or services to PINOYPUB.PH customers either directly or through PinoyPub.ph Site and what PinoyPub.ph in turn expects from Users. By visiting any area on the PinoyPub.ph Site, creating an account, subscribing via PinoyPub.ph Site, downloading software or digital content from the PinoyPub, joining any PinoyPub online interactive community, such as Book Clubs, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to PinoyPub user forums or interactive features (all of the foregoing are sometimes referred to in this document as the "PinoyPub.ph Services"), a User is deemed to have accepted the Terms of Use. These Terms of Use shall also apply to other eBookstores operated by PinoyPub.ph. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the PinoyPub Site immediately.

 

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:

 

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.

 

Proprietary Rights

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.

 

Third-Party Content

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.

 

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.

 

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.

 

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.

 

PinoyPub.ph may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the PinoyPub.ph Site including any account thereon, without notice, for any reason in PinoyPub.ph's sole discretion, including without limitation violation of the Terms of Use, PinoyPub.ph's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, PinoyPub.ph, any PinoyPub.ph Provider or another User.

 

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.

 

User agrees to indemnify and hold PinoyPub.ph and each PinoyPub.ph Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's use of the PinoyPub.ph Site, the PinoyPub eReader Software as that term is defined in Section XII below, the PinoyPub.ph Services, breach of the Terms of Use or User's violation of any law or the rights of a third party.

 

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.

 

PinoyPub.ph offers Users the ability to purchase or download digital content, such as eBooks and digital publications, blogs, and other digital content as determined by PinoyPub.ph from time to time from and through the PinoyPub.ph Site (individually and collectively, "Digital Content"). PinoyPub.ph grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Digital Content in accordance with these Terms of Use.

 

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.

 

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.

 

Interactive Community services may be used only for lawful purposes in accordance with these Terms of Use. If you are using any PinoyPub.ph Interactive Community services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on through the Interactive Community services, please choose carefully the information that you post and/or provide to other Users ("User Created Content"). User is prohibited from posting on or transmitting through the PinoyPub.ph Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. PinoyPub.ph reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community services at any time, for any or no reason, with or without prior notice or explanation, and without liability.

 

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.

 

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.

 

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of PinoyPub.ph to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

 

The PinoyPub.ph Site is created and controlled by PinoyPub.ph in the Philippines. The laws of the Philippines will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

 

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.

 

Any claim or controversy at law or equity that arises out of the Terms of Use, the PinoyPub.ph Site or any PinoyPub.ph Service (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required.

 

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.

 

Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

 

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and PinoyPub.ph regarding User's relationship with PinoyPub.ph and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation."

 

PinoyPub.ph reserves the right to make changes to the PinoyPub.ph Site, posted policies and Terms of Use at any time without notice or liability. These terms were last revised on October 2010.