Terms of Service for Beta Stage

By: admin Posted by: admin
Last update: Monday May 31, 2010 9:35 PM CDT

Please be sure to read and agree to these terms

DO BACK UP ALL CONTENT THAT YOU PLACE AT BETA STAGE PINAY.COM SITES. “Content” means all text you place into your profile, favorites-lists, blogs, comments, websites, etc.

This Terms Of Service Agreement for Beta Stage sets forth the standards of use of Pinay.com sites during an undetermined period of beta testing.

Pinay.com is located at http://www.pinay.com, and is referred to in this document as Pinay.com or www.pinay.com. FabulousFilipinas is located at http://www.fabulousfilipinas.net or http://fabulous.pinay.com, and is referred to in this document as “FabulousFilipinas”. PhenomenalFilipinas is located at http://www.phenomenalfilipinas.com or http://phenomenal.pinay.com, and is referred to in this document as “ PhenomenalFilipinas”. “Pinay.com sister-sites” refers to FabulousFilipinas and PhenomenalFilipinas. When using the phrase “Pinay.com sites” this document is referring to Pinay.com, FabulousFilipinas and PhenomenalFilipinas.

“Publishers of Pinay.com sites” refers to the group that conceptualizes and produces the website of Pinay.com, FabulousFilipinas and PhenomenalFilipinas, and also refers to any staff members, thereof. Programmers, web development contractors and sponsors of any kind of this site are not considered to be Publishers of Pinay.com sites and are not responsible for the production, publication of any content therein.

Pinay.com sites are available as an online service for Registered Users, Members and Visitors. By using Pinay.com sites whether you are a “User,” “Member” or “Visitor” you agree to these terms and conditions of use.

In connection with Pinay.com sites you may not Post, upload email or otherwise transmit any User Content that:

*solicits for marriage, pen pals, money, or gifts;

*promotes goods and services and seeks to solicit money from other registered users, members and visitors;

*is defamatory, is libelous or pornographic, sexually explicit, unlawful or plagiarized; infringes or violates any patent, copyright (including plagiarism), trademark, trade secret or other property right.

Your continued use of Pinay.com sites and their Services after amendments, modifications and updates are posted constitutes an acknowledgment and acceptance. Any amendments, modifications and updates will be posted on this page, and may or may not be announced via email, on the homepage or other pages of the site, and we recommend you return to this page on a regular basis to view all said amendments, modifications and updates.

Disclaimer of Warranties during Beta Stage

As this is the beta stage of the pinay.com sites, you must backup all information, copy, data, comments that you do not want to lose. There is a high risk, during Beta Stage, that when addressing issues in the web architecture, services, applications of the Pinay.com sites, that beta stage members will lose their data. DO BACK UP ALL CONTENT THAT YOU PLACE AT BETA STAGE PINAY.COM SITES.

Publishers of Pinay.com sites shall have no obligations or liability for any interruptions or discontinuations in the use of this Web Site. Publishers of Pinay.com sites disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Our Visitors

Pinay.com sites is targeted to Filipinas, Philippine women, or any female with Philippine heritage, genealogy, family or background. Those who are not our targeted audience who decide to join, may do so, and they will also be subject and bound by this Terms of Service Agreement.

All visitors of Pinay.com sites are encouraged to register their identifying information and become “Registered Users” or “Members.” Once you become a “Registered User” or “Member”, you can build your own profile, post on message boards, post your blogs, create your own group and access other various members only features and services.

Each Registered User registers his or her unique screen name and chooses his or her own password. As a user you are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may change your password at any time by updating your Pinay.com account.

You agree to immediately inform Publishers of Pinay.com sites of any unauthorized use of your password or account or any other breach of security. Pinay.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

By registering your account at Pinay.com, you agree to provide accurate, true and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Publishers of Pinay.com sites suspects that your registration information is not accurate, or that you have otherwise violated these TOS, your account may be subject to suspension or termination, and we may delete anything you have posted, including but not limited to information about yourself, and you may be barred from using the Web site.

Visitors, and Those Who Are Age 18 and Younger

Pinay.com sites are not directed at children under eighteen years of age. Any registration with, use of, or access to the Pinay.com Web site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Service.

If you are a non-registered User between the ages of 18 and 35, you may browse the site as a Guest. As a Guest, you will have limited access to certain areas of Pinay.com’ content, tools, and other services.

Please be aware that Pinay.com members have created areas on the Pinay.com site that may contain adult or mature content. Parents of children under the age of eighteen who wish to allow their children access to the site have the responsibility to determine the subject matter that is appropriate for their children.

Limitation of Liability

Publishers of Pinay.com SHALL NOT be liable for any damages whatsoever, and in particular Publishers of Pinay.Com / www.pinay.com shall not be liable for any special, indirect, consequential, or damages, or incidental damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the particulars contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Pinay.com has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification

Member agrees to indemnify and hold Publishers of Pinay.com sites, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.

Third-Party Sites

Pinay.com sites may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the subject matter located on or through, any third-party site.

Owners of third-party sites who are discovered to have placed on their sites or webpages logos of Pinay.com sites, links to Pinay.com sites, the name of Pinay.com sites and/or the Publishers of Pinay.com sites, and have used these to falsely imply or state an affiliation, sponsorship by, sister-site status or any other such fictitious designation implying or stating business or any other such collaboration will be requested to cease and desist such actions.

The Publishers of Pinay.com sites are not responsible for the availability of, the content, coding, programming, online applications, or the subject matter located on or through, any such third-party sites.

You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of service and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

Disclaimer Regarding Accuracy of Vendor Information

Product specifications, particulars and other information have either been provided by the Vendors or collected from publicly available sources. While Publishers of Pinay.com sites puts forth every effort to ensure that the information on this web site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this web site.

Publishers of Pinay.Com sites make no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Governing Jurisdiction of the Courts in Texas.

Our web site services are operated and provided in the State of Texas and in the Philippines. As such, we are subject to the laws of the State Texas and the Philippines, and such laws will govern this Terms Of Service, without giving effect to any choice of law rules. We make no representation that our web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Texas and the Philippines

Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All subject matter included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Pinay.com, will all rights reserved, or is the property of Publishers of Pinay.Com sites and/or third parties protected by intellectual property rights. Any use of content on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Publishers of Pinay.Com is strictly prohibited or of the Member/User who posted that material.

Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the subject matter contained therein without prior written permission of an authorized officer of the Publishers of Pinay.com sites.

Pinaydotcom and www.pinay.com are proprietary marks of Publishers of Pinay.com sites. Pinay.com sites’ logos may not be used in connection with any product or service that is not provided by Publishers of Pinay.com sites in any way that is likely to cause confusion among customers, or in any way that disparages or discredits Publishers of Pinay.Com sites.

All other trademarks displayed on Pinay.com’s web site or related web sites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Publishers of Pinay.com sites.

Notification of Claimed Copyright Infringement

Pursuant to Section 512© of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, www.pinay.com designates the following as its agent for receipt of notifications of claimed copyright infringement.

By Email: info@pinay.com

Other Terms

If any provision of this Terms Of Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

You agree that this Terms Of Service Agreement and any other agreements referenced herein may be assigned by Publishers of Pinay.com sites in our sole discretion, to a third party in the event of a merger or acquisition. This Terms Of Service Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms Of Service Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Rules of Conduct

Please follow the rules of conduct they apply to your use of the Web site. All content you post on Pinay.com sites, including graphics, data, text, audio or video content, music, sound, chat, messages, files or other material (“User Content”) whether the User Content is included in blogs, discussion groups, private messages, e-mails, profiles, comments, or any other pages features of Pinay.com sites.

Violate Pinay.com sites’ TOS.

Registered Users may create and maintain their own “Pinay.com Groups” within the Web site. “Pinay.com Group” consists of Internet-based discussions and other functionalities that enable participants in the group to communicate with each other.

The Registered User who creates the Pinay.com Group is the “Group Manager.” The Group Manager may invite Moderators. The Group Manager and the Group Moderator(s) are encouraged to set a positive tone for the Pinay.com Group and to report to Pinay.com any abuse or violation of the TOS.

Group Manager’s has sole discretion to:

decide whether the Pinay.com Group is restricted to certain individuals or is accessible to the general public;
in private Pinay.com Groups, decide who may be a participant, and the participant list may be changed at any time in the Group Manager’s discretion; and delete any User Content posted to the Pinay.com Group.

In addition, the Group Manager has the right to transfer or assign any of these decisions and/or responsibilities to another Registered User.

In response to member conduct in Pinay.com Groups that violates these TOS, Pinay.com may take any or all of the actions described in “Registered Users,” above, and/or the following actions with regard to the Group:

delete an entire Group;
change Group Manager or Moderator status; or

block any participant from the Group.

Pinay.com members are encouraged to post their comments and views on forums, blogs, articles, and community posts.

If you do not agree to the terms and conditions of this agreement, you shall immediately terminate all visitations to and usage of this web site and it’s related sites. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the www.pinay.com web site.

Publishers of Pinay.com sites hold the right to deactivate, without prior notice, any members that are deemed to have violated the TOS; any members that are posting offensive comments towards others.