TERMS OF USE
1. PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF
AND ACCESS TO THE WEBSITE. YOUR USE OF THE WEBSITE IS SUBJECT TO AND CONTINGENT
UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE REVIEW
THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE WEBSITE. BY ACCESSING, USING,
ORDERING FROM, AND/OR DOWNLOADING ANY MATERIALS OR CONTENT FROM THE WEBSITE,
YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS (THESE
"TERMS" OR THIS "AGREEMENT"), AND COMPLY WITH ALL
APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY
NOT USE THE WEBSITE.
2. Welcome to the Pinoycoin website provided by Pinoycoin ("OPERATOR",
“Company”, or "we" or "us") provided at pinoycoin.com (the
"Website"). This Agreement contains the terms, covenants, conditions,
and provisions applicable to your use of this Website and the information and
materials found on this Website. This Agreement also contains the Privacy
Policy (located at https://pinoycoin.com/privacy-policy) applicable to your use
of this Website.
3. Please read the terms below fully and carefully. This Agreement provides
you, the user, with a personal, revocable, nonexclusive, nontransferable
license to use this Website conditioned on your continued compliance with the
terms and conditions of this Agreement. These Terms apply exclusively to your
access to and use of this Website and do not alter in any way the terms and
conditions of any other agreement you may have with Company for products,
services or otherwise. Further, if you breach any of these Terms, your
authorization to use this Website automatically terminates. If you do not agree
to be bound the terms and conditions of this Agreement, do not use or access
the Website.
4. OPERATOR reserves the right at any time and from time to time to amend these
Terms, the Privacy Policy and/or any other policies relating to or under which
this Website and its offerings are extended to you, and such changes will be
effective upon being posted herein, to the greatest extent allowed by
law without creating an illusory contract. To the extent that this provision
creates an illusory contract in your jurisdiction, you will be deemed to have
agreed to the amended terms on your next visit to the Website or use of the service
in any way allowed by law. You also agree that
notices we may provide on the Website itself shall be deemed reasonable notice
for this purpose, and shall be effective upon publication. You should visit
this page each time you visit this Website to review the then-current Terms
because they are binding on you. Certain provisions of these Terms may be
superseded by expressly designated legal notices or terms located on particular
pages of the Website, which may be posted from time to time. Your continued use
of the Website after any such changes and/or postings shall constitute your
consent to and acceptance of such changes.
5. You agree
that if you purchase, link from, or use or view any part of the Website, that
we have permission to have a cookie or similar device installed on your mobile
device or computer and deliver any Content, as defined below, that we, in our
sole discretion, deem fit.
GENERAL USE PROVISIONS; DISCLAIMER
6. All materials provided on the Website, including but not limited to
information, documents, products, logos, graphics, sounds, images,
compilations, content and services ("Content"), are provided either
by Company or by respective third party authors, developers or vendors
("Third Party Providers") and are the copyrighted works of Company
and/or its Third Party Providers (or is permitted/licensed to be used by Third
Party Providers), unless specifically provided otherwise. Except as stated
herein, none of the Content may be modified, copied, printed, reproduced,
distributed, republished, performed, downloaded, displayed, posted, transmitted
and/or otherwise used in any form or by any means, including but not limited to
electronic, mechanical, photocopying, recording, or other means, without the
prior express written permission of Company and/or the Third Party Provider.
Also, you may not "mirror" or "archive" any Content
contained on the Website on any other server without Company’s prior express
written permission.
7. Materials on this Website have been prepared by us for general informational
purposes only. This site is controlled and operated by Company from its offices
within the United States. Company makes no representation that any of the
Content on this Website is appropriate or available for use in other locations,
and access to them from territories where the Content is illegal is prohibited.
Those who choose to access the Website from other locations do so upon their
own initiative and are responsible for compliance with applicable local laws.
Further, you specifically agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or the
country in which you reside.
8. Except where expressly provided otherwise by Company, nothing on the Website
shall be construed to confer any license or ownership right in or to the
Content, under any of Company’s intellectual property rights, whether by
estoppel, implication, or otherwise. You acknowledge sole responsibility for
obtaining any such licenses. See the LEGAL CONTACT INFORMATION section below if
you have any questions about obtaining such licenses. Content provided by Third
Party Providers has not been independently reviewed, tested, certified, or
authenticated in whole or in part by Company. Company does not provide, sell,
license, or lease any of the Content other than those specifically identified
as being provided by Company.
9. Any unauthorized use of any Content contained on the Website may violate
copyright laws, trademark laws, the laws of privacy and publicity, and/or
communications regulations and statutes. It is your obligation to comply with
all applicable local, state, federal and international laws, treaties,
regulations and conventions in connection with your use of the Website,
including without limitation those related to data privacy, international
communications, and the exportation of technical or personal data from
locations other than the location from which Company controls and operates the
Website and the services associated therewith. You are responsible for
maintaining the confidentiality of your account information and password and
for restricting access to such information and to your computer. Furthermore,
you expressly agree not to violate any rights of publicity or privacy of any person,
nor defame any person or entity. You agree to accept responsibility for all
activities that occur under your account or password.
ACCEPTANCE OF TERMS
10. By accessing, viewing, or using this Website, you indicate (i) that you
understand and intend these Terms and Conditions and Privacy Policy to be the
legal equivalent of a signed, written contract, and equally binding, and (ii)
that you agree to such Terms and Conditions and Privacy Policy. Users may print
and download materials and information on this Website solely for personal and
noncommercial use, provided that all hard copies contain all copyright,
trademark and other applicable notices contained in such materials and
information. Notwithstanding the foregoing and except as otherwise expressly
permitted herein, a user may not modify, copy, distribute, broadcast, transmit,
reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use
any information or material obtained from or through this Website. As a further
condition of use of this Website, all users warrant to us that they will not
use this Website for any purpose that is unlawful or otherwise prohibited by
these Terms and Conditions. Any rights not expressly granted herein are
reserved.
GENERAL PROVISIONS: WEBSITE CONTENT LIMITATIONS
11. Products, Content and Specifications All features, Content, specifications,
products, services, and prices of products and services described or depicted
on this Website are subject to change at any time without notice. Certain
measurements and similar descriptions are approximate and are provided for
convenience purposes only. We make all reasonable efforts to accurately display
the attributes of our products, including the applicable colors. The actual
color you see, however, will depend on your computer system and we cannot
guarantee that your computer will accurately display such colors. The inclusion
of any products or services in this Website at a particular time does not imply
or warrant that those products or services will be available at any time.
12. Billing and Payment
To the extent you purchase/order any goods and/or services from Company or its
Third Party Providers, you agree to pay for all goods and services ordered from
Company and/or its Third Party Providers except as set forth in a writing
signed by an authorized representative of Company. You will provide Company
with valid and updated credit card and contact information (including, but not
limited to updated PayPal email address on file) or approved purchase order information
and with complete and accurate billing and contact information. If you provide
credit card information to Company, you authorize us, or a credit card
processor of our choosing, to bill such credit card. You agree that you are
liable for the purchase price if you did not receive any products due to
improper or outdated contact information that you supplied to Company, its
credit card or payment processor, or Third Party Provider. For example, if you
purchase a digital file such as a video, document, or access code from us and
use PayPal for instant delivery, the file will be delivered to the email
address associated with your PayPal account. If that email address is no longer
accessible to you (or it goes into your “Spam” folder), it is your responsibility,
because we did deliver the goods to the address provided to us. If you don’t
know how to operate, review, or retrieve spam messages and our goods arrived in
that location, it is similarly your responsibility as the product was delivered
by us. We take no responsibility for this and reserve all rights not to
respond, in our sole discretion, or to charge you at our customary rate of $990USD/Hour
with a two hour minimum. If you initiate a chargeback due to your breach of
the previous provisions, you agree to pay all chargeback and related fees. If
Company, in its sole and absolute discretion, permits you to make payment using
a method other than pre-paying with a credit card, Company will invoice you at,
or within a reasonable period of, the time of the purchase request. All amounts
invoiced hereunder shall be due within thirty (30) days of the date of the
invoice, unless stated otherwise on said invoice.
13. Hospitality Issues.
13.1 Nature of the Website. The Website consists of a
desktop Web application, mobile applications, and other related tools, support and services.
We charge fees for some aspects of the Website, as described therein.
13.3 Release. You agree that Pinoycoin has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Service Providers and Pinoycoin Users, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF OUR SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
13.4 Bookings. To the extent that you book through the Website, you agree that Pinoycoin Users and Service Providers transact with each other and they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms. All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that Booking as listed on the Website.
14. Accuracy of Information
We attempt to ensure that information on this Website is complete, accurate and
current. Despite our efforts, the information on this Website may be
inaccurate, incomplete or out-of-date. We therefore make no representation or
warranty as to any information on this Website being complete, accurate or
current. For example, products included on the Website may be unavailable,
and/or may have attributes different than those listed on the Website. In
addition, we may make changes to information about price and availability
without notice. While it is our practice to confirm orders by e-mail, the
receipt of an e-mail order confirmation does not constitute our acceptance of
an order or our confirmation of an offer to sell a product or service. We reserve
the right, without prior notice and in our sole and absolute discretion, to
limit the order quantity on any product or service, to refuse service to any
customer and/or to refuse access to the Website by any visitor or customer. We
also may require verification of information prior to the acceptance and/or
shipment of any order.
CONDUCT
15. You agree that you will not use the Website for any unlawful purpose. Your
failure to comply with this rule may result in the immediate termination of
your right to access or use the Website, without prior notice to you. Further,
you will not use the Website to engage in any activity that is harmful,
threatening, abusive, harassing, tortious, invasive of another's privacy or
otherwise objectionable to any third party. You agree you will not impersonate
any person or entity, including, but not limited to, an employee or officer of
Company, or falsely state or otherwise misrepresent your affiliation with any
person or entity. You agree not to upload, email, transmit or otherwise input
any material that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment. Further, you
will not use the Website to collect or store personally data about other users.
16. Account Termination
We may suspend or terminate your account or your use of this Website at any
time, for any reason or for no reason. You are personally liable for any orders
that you place or charges that you incur prior to termination. We reserve the
right to change, suspend, or discontinue all or any aspect of this Website at
any time without notice.
USER-GENERATED CONTENT; SUBMISSIONS
17. Except where expressly provided otherwise by Company, all comments,
feedback, material, information, ideas, designs, and data of any type submitted
by any means to Company through, in association with or in regard to the
Website and/or any other Company goods or services ("Submissions")
shall be treated as non-confidential and non-proprietary, and shall be considered
Company’s property. Such Submissions therefore may be disseminated or used by
Company for any purpose whatsoever, including, but not limited to, developing,
manufacturing and marketing products. This does include, but is not limited to,
an express worldwide, royalty free, perpetual, non-revocable license to use
said Submissions in any method Company sees fit and make compilations and
derivative works thereof in all media now known or hereafter devised. By
providing such Submissions to Company, you agree to assign to Company, as
consideration in exchange for the use of the Website, all worldwide rights,
title and interest in copyrights and other intellectual property rights to the
Submissions except as expressly enumerated in the preceding sentence. Company
shall be free to use and/or disseminate such Submissions on an unrestricted
basis for any purpose and shall be free to deny the transfer of interest
referenced herein, at its sole discretion. You acknowledge that you are
responsible for the Submissions that you provide, and that you, not Company,
have full responsibility for the Submissions, including their legality,
reliability, appropriateness, originality and copyright.
18. All Submissions must be true, and in accordance with the rights of privacy
and publicity and all federal, state and international law. You are prohibited
from posting or transmitting to or from this Website any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane
material or any other material, including but not limited to any material that
could give rise to any civil or criminal liability under both domestic and
international law. You may not upload an image or any likeness of another
without their consent (or the consent of their parent or guardian if they are
under the age of 18). If you do so, Company reserves the right to cancel or
suspend your account. Furthermore, Company reserves the right to cancel or
suspend your account if, in our sole discretion, we believe you are using
Company for improper purposes, or any purpose inconsistent with our business.
REPRESENTATIONS AND WARRANTIES
19. Each party represents and warrants that it has the power and authority to
enter into this Agreement. Company warrants that it will provide the Website and
all goods and services in a manner consistent with generally accepted industry
standards. To the extent that you represent an entity of any type or any
individual besides yourself, you represent and warrant that you have the proper
authority to enter into this Agreement their behalf.
LICENSES
20. License from Company
You are being granted solely a revocable, limited license, in compliance with
the terms of this Agreement.
21. License from Customer
You grant to Company and its Third Party Providers the non-exclusive, worldwide
right to use, copy, transmit and display any data, information, Content or
other Materials, provided to Company by you in the course of accessing and/or
using the Website. Notwithstanding the foregoing, Company’s obligations regarding
identification and other information concerning you shall be governed by the
terms of the Privacy Policy referenced, supra. The terms of the Privacy
Policy are expressly incorporated herein as though set forth in full.
AGE RESTRICTIONS
22. Company does not accept Submissions from persons under the age of 14
("Child" or "Children"). Furthermore, Company does not
accept any user who is a Child. You are ineligible to use this Website if you
are under the age of 14. If you are under the age of 18, you must have your
parent or legal guardian set up your account and must have them agree to these
Terms. If you are under the age of 18, your parent or legal guardian's consent
to these Terms is ongoing and they hereby warrant that they will review these Terms
for changes, and if any occur, that they will be amenable thereto until you
reach age 18, at which point you hereby give your consent to these Terms.
Furthermore, to the extent any user under the age of 18 makes a Submission of
copyrighted materials heretofore, their parent or legal guardian hereby grants
Company all rights to utilize the copyright and image/likeness embodied therein
as further enumerated in this Agreement, as though the parent or guardian made
the submission themselves.
LINKS TO OTHER WEBSITES
23. The Website may contain links or have references to websites controlled by
parties other than Company. We may provide such links in our sole discretion
solely as a convenience, and the inclusion of any link does not imply
endorsement by us of the linked website and/or the content and materials found
at the linked website, except as specifically stated otherwise by us. If you
use these links, you will leave the Website. These sites have not necessarily
been reviewed by us and may be maintained by third parties over which we
exercise no control. You acknowledge and agree that Company is not responsible
for the availability of these outside resources, has not reviewed all of these
third party sites, does not control or endorse such sites, does not take any
responsibility for the use of these third party websites, and is not
responsible for any content, advertising, services, products or other material
on or available from such sites or resources, or their policies, including
privacy policies or lack thereof. It is your responsibility to take precautions
to ensure that whatever you select for your use is free of viruses or other
items of an intrusive nature.
24. You acknowledge that Company shall not be held responsible or liable,
directly or indirectly, for any loss or damage caused or alleged to have been
caused by use of or reliance on any such content, goods or services available
on or through any such sites or resources. You further acknowledge and agree
that Company does not endorse or make any representations about third party
sites or any information, software or other products or materials found there,
or any results that may be obtained from using them. Accordingly, Company
expressly disclaims any responsibility for the privacy policies, information
collection practices, the content, the accuracy of the information, the
delivery of Company products, and/or quality of products or services provided
by or advertised on these third-party websites. If you decide to access any of
the third party sites linked to this site, you do so entirely at your own risk.
Moreover, these links do not imply an endorsement with respect to any third
party or any website or the products or services provided by any third party.
THIRD PARTY TRANSACTIONS
25. Your correspondence or business dealings with, or participation in
promotions of, advertisers or other third parties found on or through the
Website, including payment and delivery of goods or services, and other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such third party. You agree that Company shall not be
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 advertisers on
the Website.
DISCLAIMERS
26. WHILE COMPANY ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE
INFORMATION AND MATERIALS AVAILABLE, THE INFORMATION AND MATERIALS AVAILABLE ON
THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, WE MAY
MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AND
MATERIALS AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON. YOU, THE USER,
EXPRESSLY CHOOSE TO ASSUME ALL RISKS ASSOCIATED WITH MAKING USE OF, AND/OR
RELYING ON, THE INFORMATION AND CONTENT AVAILABLE ON THIS SITE. COMPANY MAKES
NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS,
RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AND
MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE. EXCEPT WHERE EXPRESSLY
PROVIDED OTHERWISE BY COMPANY, THE WEBSITE, INCLUDING ALL SUCH INFORMATION AND
CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTY OF ANY KIND, AND ARE FOR USE AS CONTRACTED HEREIN. COMPANY
EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, GUARANTIES, CONDITIONS AND WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES, EXCEPT TO
THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
27. COMPANY AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, WARRANTIES,
GUARANTIES, OR CONDITIONS REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS,
QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE, THE
CONTENT, THE GOODS, SERVICES, IMAGES OR DATA CONTAINED ON AND/OR MATERIALS
ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR
USING THE WEBSITE AND/OR THE CONTENT, GOODS, SERVICES AND/OR MATERIALS
ASSOCIATED THEREWITH, NOR THE SERVICES OF ANY THIRD PARTY PROVIDERS. COMPANY
DOES NOT CHECK THE ACCURACY, RELIABILITY OR SAFETY RELATED TO THE CONTENT IT
DISPLAYS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS
RECEIVED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY AND ITS
THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE
OF THE WEBSITE OR CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE;
(B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU
PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE
GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT
NEITHER COMPANY NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER
COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND
SERVICES AND/OR CONTENTS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS,
DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS
FACILITIES. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR
OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. YOU USE THIRD PARTY PROVIDERS AND
AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID
THIRD PARTY PROVIDERS AND SERVICES.
LIMITATION OF LIABILITY
28. TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF
COMPANY EXCEED $5USD. IN NO EVENT SHALL COMPANY OR ITS THIRD PARTY PROVIDERS BE
LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION
EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE,
PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED
WITH, THIS AGREEMENT OR FOR ANY INFORMATION, CONTENT OR SERVICES AVAILABLE ON
OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE ACCESSING OR USE OF
THIS WEBSITE OR THE DELAY OR INABILITY TO USE THIS WEBSITE AND/OR THE SERVICES
ASSOCIATED THEREWITH, INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY
MATERIALS, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, REGARDLESS
OF CAUSE, WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR
OTHERWISE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD
PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO
CUSTOMER IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO CUSTOMER'S INDEMNITY
OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE
SECTION TITLED "INDEMNITIES". BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
29. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
INDEMNIFICATION
30. You agree to indemnify, defend and hold harmless (including reimbursing for
attorney fees and costs incurred by) Company and its Third Party Providers
against any and all claims, costs, losses, liabilities, demands, damages and
expenses (including reasonable attorney's fees and costs) finally awarded
against Company and its Third Party Providers arising out of or in connection
with a claim asserted by any third party due related to you, including but not
limited to those claims arising from or in connection with: (a) your use of the
Website; (b) any Submissions or any other materials you may upload, submit,
post, or transmit through the Website; (c) your violation of these Terms, or
(d) your violation of the rights of another. Company reserves the right, at its
own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, which shall not excuse your
indemnity obligations.
31. Company shall have no indemnification obligation or other liability for any
claim of infringement arising from (a) your use of the Website and/or the
goods, services or Content associated with the Website other than in accordance
with this Agreement; (b) the combination of the Website and/or the goods,
services or Content associated with the Website with any other products, services,
or materials; or (c) any third party products, services, or materials.
INTELLECTUAL PROPERTY RIGHTS
32. All material contained on this Website, unless otherwise indicated, is
protected by law, including, but not limited to, U.S. copyright and trademark
law, as well as other state, national, and international laws and regulations.
Except as expressly provided herein, Company does not grant any express or
implied right(s) to users of this Website. Please be aware that Company
actively and aggressively enforces its intellectual property rights to the
fullest extent of the law.
32A. The Content, design and layout of this Website are © 2021 Pinoycoin. All
Rights Reserved. Removing or altering the copyright notice on any material on
this Website is prohibited. Company also owns a copyright in the Website as a
collective work and/or compilation, and in the selection, coordination and
arrangement of the Website's content.
32B. The TRADEMARKS, and all other names, logos, and icons identifying Pinoycoin
herein or on the Website are trademarks of Pinoycoin and/or its
affiliate(s) or licensor(s), and may be registered in certain jurisdictions.
Other product names, company names, marks, logos and/or symbols mentioned
herein may be the trademarks of their respective owners.
NOTICES
General Notices
33. Company may give notice by means of a general notice on the Website,
electronic mail to your e-mail address on record in Company’s account
information, or by written communication sent by first class mail or pre-paid
post to your address on record in Company’s account information. You may give
notice to Company at any time by letter delivered by registered mail with
return receipt to:
Attn: System
Administrator
All notices shall be deemed to have been given fourteen days after mailing.
Copyright and Intellectual Property Agent for Notice
34. Furthermore, Company adheres to and complies with the Digital Millennium
Copyright Act ("DMCA"). The Website's Content may contain materials
posted by third parties. If you believe that any Content on this Website
infringes any copyright or other intellectual property interest, please provide
Pinoycoin’s Copyright and Intellectual Property Agent a notice in writing
containing the following information (a "Notice"):
(a) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual property
interest;
(b) a description of the copyrighted work or other intellectual
property interest that you claim has been infringed;
(c) a description of where the material that you claim is
infringing is located on the Website;
(d) your address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright or other intellectual property
right owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the copyright or
other intellectual property right owner or authorized to act on the copyright
or other intellectual property right owner's behalf.
Company’s Copyright and Intellectual Property Agent for Notice of claims of
copyright or other intellectual property infringement on the Website can be
reached as follows:
Mailing Address:
Please Note: The contact information immediately above is
provided exclusively for notifying us of copyright or other intellectual
property infringement.
GOVERNING LAW; ARBITRATION
35. This Agreement and the relationship between you and Company shall be will
be governed by and construed in accordance with the laws of the State of Nevada
and controlling U.S. Federal law, without giving effect to any conflict of law
principles or choice of law principles thereof. You and Company expressly agree
to be subject to the personal and exclusive jurisdiction of the state and
federal courts located in Nevada. Any disputes, actions, claims or causes of
action arising out of or in connection with this Agreement or the Website shall
be subject to the exclusive jurisdiction of the state and federal courts
located in Nevada and to arbitration as stated herein. At the request of
Company, any controversy or claim related to this Agreement ("Claim")
may be resolved by arbitration in accordance with the Federal Arbitration Act
(Title 9, U. S. Code) (the "Act"). The Act will apply even though
this Agreement provides that it is governed by the laws of Nevada. Arbitration
proceedings will be determined in accordance with the Act, the rules and
procedures for the arbitration of financial services disputes of
JAMS/Endispute, LLC, a Delaware limited liability company or any successor
thereof ("JAMS"), except that discovery in said arbitration shall be
limited in scope to the specifics of liability on the Claim, and any discovery
related to damages calculations or any financials shall be withheld until after
liability has been decided by the arbitrator(s). In the event of any
inconsistency between the JAMS rules and this paragraph, the terms of this
paragraph shall control. The arbitration shall be administered by JAMS and
conducted in Las Vegas, NV. All Claims shall be determined by one arbitrator;
however, if Claims exceed Five Million Dollars, upon the request of Company,
the Claims shall be decided by three arbitrators. All arbitration hearings
shall commence within ninety (90) days of the demand for arbitration and close
within ninety (90) days of commencement and the award of the arbitrator(s)
shall be issued within thirty (30) days of the close of the hearing. However,
the arbitrator(s), upon a showing of good cause, may extend the commencement of
the hearing for up to an additional sixty (60) days. The arbitrator(s) shall
provide a concise written statement of reasons for the award. The arbitration
award may be submitted to any court having jurisdiction to be confirmed and
enforced. The arbitrator(s) will have the authority to decide whether any Claim
is barred by the statute of limitations and, if so, to dismiss the arbitration
on that basis. For purposes of the application of the statute of limitations,
the service on JAMS under applicable JAMS rules of a notice of Claim is the
equivalent of the filing of a lawsuit. Any dispute concerning this arbitration
provision or whether a Claim is arbitrable shall be determined by the
arbitrator(s). The arbitrator(s) shall have the power to award legal fees
pursuant to the terms of this Agreement. This paragraph does not limit the
right of Company to: (i) exercise self-help remedies, such as but not limited
to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real
or personal property collateral; (iii) exercise any judicial or power of sale
rights, or (iv) act in a court of law to obtain an interim remedy, such as but
not limited to, injunctive relief, writ of possession or appointment of a
receiver, or additional or supplementary remedies. In the event of any
controversy or dispute (whether or not arbitrated), arising out of or in
connection with this Agreement, its interpretation, its performance, or the
like, the prevailing party shall be awarded reasonable attorneys' fees and
expenses, court costs and reasonable costs for expert and other witnesses
attributable to the prosecution or defense of that controversy or dispute.
MISCELLANEOUS
36. This Agreement constitutes the entire agreement between you and Company and
governs your use of the Website. Further, this Agreement represents the
parties' entire understanding relating to the use of the Website and supersedes
any prior or contemporaneous, conflicting or additional, communications. The
failure of Company to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by Company in writing. You may not assign any of
your rights or obligations under this Agreement without the prior written
approval of Company, and any purported assignment in violation of this section
shall be deemed void ab initio. Company reserves the right to use Third Party
Providers in the provision of the Website and/or the goods, service and/or
Content associated therewith. If any provision of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, then such
provision(s) shall be construed, as nearly as possible, to reflect the parties'
intentions with respect to the invalid or unenforceable provision(s), with all
other provisions of this Agreement remaining in full force and effect. No joint
venture, partnership, employment, or agency relationship exists between Company
and you as a result of these Terms or your use of the Website. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Website, or to this Agreement, must be
filed within one (1) year after such claim or cause of action arose or be
forever barred. Any section titles in this Agreement are for convenience only
and have no legal or contractual effect or significance. You agree to pay all
legal and investigative costs and fees regarding your use of the Website. Any
and all rights not expressly granted herein are reserved by Company.
LEGAL AND MEDIA CONTACT INFORMATION
37. If you have any questions about these Terms, or if you would like to
request permission to use any Content, please contact us at the address listed
above.