Welcome to PinoyExchange.com. This User Agreement (the "Agreement") describes the terms and conditions on which PEx, Inc., owner of PinoyExchange.com offers you to be a participant in the PinoyExchange Forum in PinoyExchange.com.
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. IF AFTER READING THESE TERMS AND CONDITIONS, YOU UNDERSTOOD AND ACCEPT THEM, PRESS THE "AGREE" BUTTON; THEREUPON, YOU WILL BE DEEMED TO HAVE AGREED TO BE BOUND BY THE SAID TERMS AND CONDITIONS AND TO FAITHFULLY COMPLY WITH THE SAME. However, if you have any questions about this Agreement, contact PEx, Inc. at our Contact us page
1. Registration. Information required upon registration for each participant on PinoyExchange.com must be accurate and complete. You must update such information as needed in order to ensure that the information remains to be accurate and complete.
2. Use of Member ID and Password. PEx, Inc. assumes that all activities made using your Member ID and password are authorized by you.
3. Posting of Messages. Upon registration on PinoyExchange.com, PEx, Inc. allows you to post a message (including without limitation text, data, photos, graphics, music, sounds and videos) in the PinoyExchange Forum in a number of forms, such as your opinion about any of the topics in the PinoyExchange Forum and comments to other people's messages. (the "Messages").
4. License. By participating in the PinoyExchange Forum, you agree that PEx, Inc. shall have complete ownership of and unlimited and irrevocable rights (including economic, moral and all other rights that may exist in such material) and license to use, display, publish or communicate to the public, permit others (including without limitation PEx, Inc.'s co-brand partners) to publish, the Messages, online and offline, for a fee or otherwise, in whole or in part, throughout the world and in any form, media, or technology now known or later developed without need of any notice, remuneration, compensation, royalties or attribution to you. Nothing herein, however, shall permit PEx, Inc. to use the name of the user, or the title of his work, or otherwise to make use of his reputation with respect to any version or adaptation of his Messages which, because of alterations therein, would substantially tend to injure his literary or artistic reputation; or to use the name of the user with respect to a Message he did not create or post.
5. User Conduct
a. You agree not to provide any Messages to the PinoyExchange Forum that (a) infringes any third-party intellectual property or publicity/privacy rights, (b) is knowingly false, and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or otherwise violative of any law or regulation, (c) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, and (d) promotes piracy.
b. As each forum is specifically tailored to address certain topics, you are responsible for initiating new threads in the correct forum. You should stay on-topic at all times. The appropriate content for each forum is described in detail on the PinoyExchange Forum Homepage.
c. You agree not to post the same message in multiple forums without permission from the PinoyExchange Administrator. All such requests for permission should be directed through the Administrative forum.
d. You agree not to disrupt the normal flow of dialogue or “flood,” cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
e. You agree not to use the PinoyExchange Forum to either advertise or promote commercial endeavors, which includes direct posts as well as active links to other sites on the Internet, without permission from the PinoyExchange Administrator. All such requests for permission should be directed through the Administrative forum. You may, however, include URLs or active links to commercial sites, reasonable in number, only for the sole purpose of expanding on comments or providing additional information as part of regular forum interactions.
f. You agree that you will not incorporate any word in your name, Message ID or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other proprietary/intellectual property rights of any third party, including, without limitation, that of PinoyExchange.com or PEx, Inc.
g. "Impersonation," or assuming the character of another member by copying his username and manner of writing, is not allowed.
h. "Flaming," or lashing out at other participants is strictly forbidden. Proper etiquette is required for participation in PinoyExchange.com.
i. "Spamming," or sending unsolicited electronic junk mail or junk newsgroup postings, in any form, is strictly forbidden.
j. "Trolling," or posting insulting or deliberately divisive threads/replies for the purpose of (1) harvesting retaliatory insults and flames, or (2) throwing off the balance of the forum, is also disallowed.
k. Posting in textspeak or SMS lingo is strictly prohibited. Members must spell their words completely and correctly.
6. Content Filtering.
a. PEx, Inc. reserves the right to edit, delete, or prune any and all Messages which, in its sole opinion, violates any of the terms and conditions of this Agreement.
b. PEx, Inc. may elect, at its sole discretion, to monitor some, all, or no areas of PinoyExchange.com for adherence to these terms and conditions or PinoyExchange.com policies and guidelines. Moderators of PEx, Inc. control individual forums. Questions about a particular forum should be directed to the respective forum moderator.
c. Any user who feels that a Message is objectionable may request PEx, Inc. to delete said Message by email through [email protected] Upon receipt of such a request, PEx, Inc. will determine, in its sole opinion, if such deletion is necessary. If deemed necessary, PEx, Inc. will make every effort to do so, within a reasonable period.
d. PEx, Inc. does not endorse or recommend any of the opinions or ideas contributed by its users. However, PEx, Inc. permits others to make judgments about your Messages.
e. PEx, Inc. is not responsible for any and all Messages expressed in the PinoyExchange Forum. PEx, Inc. does not attempt to control or validate any comments or recommendations provided by the participants and is not responsible for any inaccuracies in the Messages. Therefore, you bear the risk associated with, the accuracy, completeness or usefulness of the Messages.
f. Information contained in the PinoyExchange Forum, including but not limited to those relating to law or medicine or other fields, is not intended to substitute for the advice or opinion of your own lawyer or physician or professional adviser. You agree not to rely solely on any of the advise or opinion expressed. Under no circumstances, including but not limited to negligence, shall PEx, Inc. be liable for any reliance on any such information, nor shall PEx, Inc. be liable for any direct, incidental, special, consequential, indirect or punitive damages that result from the use of, or inability to use, the information in PinoyExchange.com.
7. User Privacy.
a. PinoyExchange.com collects information during the registration process to operate the site ("Registration Information"). It collects non-personally identifiable information (often referred to as demographic information) such as: country, region or city, zip or postal code, gender, birthdate and occupation. You may update your Registration Information any time by clicking the "Settings" link found on the horizontal black bar on the upper part of any PinoyExchange page.
b. Your Registration Information is used only for demographic statistics. PinoyExchange keeps all of your Personal Information private and does not share it with any third parties. PinoyExchange will not disclose your Personal Information unless acting under a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of PEx, Inc.; (3) enforce the User Agreement; or (4) act to protect the interests of its members or others.
c. A special registration form during contests/promos may be used for the purpose of gathering demographic information from the contest/promo participants. This information can be shared with the contest/promo sponsors depending on PEx Inc’s agreement with them.
d. PinoyExchange will not send you any unsolicited information, including e-mail, unless you choose otherwise. PinoyExchange may also send periodic member letters to announce important service changes, new features, and technical issue updates.
e. If at any time you believe that PinoyExchange has not adhered to these principles, please notify us by e-mail at [email protected] and we will use all reasonable efforts to promptly determine and correct the problem. If you have questions about this policy, please e-mail us at [email protected]
8. Parental Supervision. PEx, Inc. encourages parents to monitor their children who are under 13 years of age. While content is moderated to filter objectionable posts, some topics may still not be suitable for children.
10. No Warranty.
a. PEx, Inc. disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the PinoyExchange Forum.
b. PEx, Inc. disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of Messages.
c. PEx, Inc. disclaims any responsibility for any harm resulting from downloading or accessing any information or material through PinoyExchange.com.
d. The PinoyExchange.com web site and services are provided "as is," and PEx, Inc. and its co-brand partners expressly disclaim all warranties or conditions of any kind (whether express, implied or statutory), including without limitation the implied warranties of title, non-infringement, and fitness for a particular purpose. Without limiting the foregoing, PEx, Inc. does not promise or warrant to you that any aspect of the web site and system will work properly or will be available continuously.
11. No Liability. In no event shall PEx, Inc. be liable to any party for any loss or damage, including but not limited to lost revenues or profits or special, indirect, incidental or consequential damages (howsoever arising, including negligence) arising out of or in connection with the PinoyExchange.com website, its services or this Agreement.
12. Access Limits. Without the prior written consent of PEx, Inc. , you may not (a) use any automated means to access the site or collect any information from the PinoyExchange.com website (including without limitation robots, spiders or scripts), or (b) frame the site, place pop-up windows over its pages, or otherwise affect the display of its pages, (c) reprint, reproduce or use The Messages in part or as a whole.
13. Services, Fees and Charges. Pex, Inc. reserves the right to modify the services offered by PinoyExchange.com from time to time, with or without notice, including the right to terminate such services. PEx, Inc. reserves the right to charge any fees for use or participation in the PinoyExchange Forum. At present, however, PEx, Inc. does not charge any fees for participation in the PinoyExchange forum.
14. Amendments. PEx, Inc. reserves the right to amend any of the terms and conditions of this Agreement at any time. Such amended terms and conditions shall be effective when posted at the PinoyExchange.com website.
15. Termination. PEx, Inc. reserves the right to terminate your use of PinoyExhange.com. at anytime, with or without notice. Following termination, at its sole option, PEx, Inc. may remove some or all of your Messages from the PinoyExchange.com website or leave it available for public review, without need of notice or approval from you.
16. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. In the event of any dispute arising out of or in connection with this Agreement, the venue shall be the proper courts of Makati City.