Terms and Conditions
PLEASE READ THE TERMS AND CONDITIONS CONTAINED BELOW CAREFULLY. BY USING AND/OR ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AS WELL AS THE POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Terms”) apply exclusively to your access to, and use of, the Web site Pinoy Tambayan, located at www.PinoyTambayan.org.ph (the “Site”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with PinoyTambayan, or its subsidiaries or affiliates, for products, services or otherwise.
PinoyTambayan reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. It is recommended that you frequently review the Terms and applicable policies to understand the modifications that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
If you have any question or comments about the Site or its contents, those questions should be submitted via our contact page.
Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials provided by PinoyTambayan on the Site, including, without limitation, the PinoyTambayan logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of PinoyTambayan or its licensors and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and, except as otherwise provided herein, does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of PinoyTambayan , is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
PinoyTambayan, PinoyTambayan.org.ph, the PinoyTambayan logo and any other product or service name or slogan contained in the Site are trademarks of PinoyTambayan and may not be copied, imitated or used, in whole or in part, without the prior written permission of PinoyTambayan. You may not use any metatags or any other “hidden text” utilizing “PinoyTambayan ” or any other name, trademark or product or service name of PinoyTambayan without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of PinoyTambayan and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray PinoyTambayan or any of its corporate affiliates or products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a PinoyTambayan logo or other proprietary graphic of PinoyTambayan or any of its corporate affiliates to link to this Site without the express written permission of PinoyTambayan . Further, you may not use, frame or utilize framing techniques to enclose any PinoyTambayan trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without PinoyTambayan ‘s express written consent. Except as noted above, PinoyTambayan does not convey to you any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of PinoyTambayan or any corporate affiliate or third party.
PinoyTambayan makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from the Site, or web sites linking to the Site. Such sites are not under the control of PinoyTambayan , and PinoyTambayan is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. PinoyTambayan provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by PinoyTambayan of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Advertisements and Promotions
PinoyTambayan may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than PinoyTambayan , and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. PinoyTambayan is not 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 non-PinoyTambayan advertisers on the Site.
You acknowledge and agree that any comments, suggestions, ideas, or other information about the Site, PinoyTambayan or PinoyTambayan’s products or services, provided by you in the form of email, postings or other submissions to PinoyTambayan (collectively the “Feedback”), are non-confidential and shall become the sole property of PinoyTambayan . PinoyTambayan shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Please note that Feedback does not include User Content, as defined below.
Certain types of content (“Content”) means collectively the text, data, graphics, images, photos and video files made available through the Site. User Content (“User Submission”) as defined in these Terms means collectively, the text, data, graphics, images, photos and other content and information which Members post, upload and otherwise submit to the Site, including without limitation in Member created profile pages.
The Site may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site.
You will not upload, post, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).
You will not use any meta tags or other hidden text or metadata utilizing a PinoyTambayan name, trademark, URL or product name.
You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation.
You will not forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site to send altered, deceptive or false source-identifying information.
You will not upload, post, email, or otherwise transmit, via the Site, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of PinoyTambayan .
You will not upload, post, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any users, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Sites;
You will not upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
PinoyTambayan reserve the right, but has no obligation, to monitor communications and any disputes between you and other members, to remove or edit any material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of the community, or to terminate site privileges in appropriate circumstances. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU TRANSMIT IN THE PUBLIC AREAS OF THE SITE AND IN YOUR PRIVATE MESSAGES TO OTHER INDIVIDUALS ON THE SITE.
PinoyTambayan RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY PinoyTambayan CONTENT OR USER SUBMISSIONS FROM THE SITES WITHOUT NOTICE.
Third Party Content
PinoyTambayan may provide links to web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. PinoyTambayan does not monitor or have any control over any Third Party Content or third party web sites. PinoyTambayan does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. PinoyTambayan does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to PinoyTambayan , to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to PinoyTambayan .
You agree to defend, indemnify and hold harmless PinoyTambayan , its affiliates, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against PinoyTambayan , its affiliates and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY PinoyTambayan , THE SITE, THE SITE MATERIALS (INCLUDING USER CONTENT) AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PinoyTambayan DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE OR THE SITE MATERIALS. PinoyTambayan DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. PinoyTambayan DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PinoyTambayan IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE PinoyTambayan ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, PinoyTambayan CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
PinoyTambayan reserves the right to change or delete any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by PinoyTambayan .
Limitation of Liability
IN NO EVENT SHALL PinoyTambayan , ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE USER CONTENT OR THE OTHER SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PinoyTambayan , OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, 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 PinoyTambayan ‘S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PinoyTambayan , WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE, THE USER CONTENT OR THE OTHER SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PinoyTambayan FOR ACCESS TO OR USE OF THE SITE.
Applicable Law and Venue
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and to be entirely performed within the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in or around Morris County, New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Notwithstanding any of these Terms, PinoyTambayan reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time, and to block or prevent future your access to and use of the Site.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
Questions or comments about the Site may be directed to PinoyTambayan Via the contact page on this website.
Notice and Procedure for Making Claims of Copyright Infringement
PinoyTambayan respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, PinoyTambayan will respond expeditiously to reported claims of copyright infringement committed using the Site.
If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on the Site by providing the following.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Upon receipt of Notice as described below, PinoyTambayan will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site and/or termination of the Member’s account.