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| Privacy
Policy |
This privacy
policy is designed to assist you in understanding
how PinoyNumber uses and safeguards Information
and resources you provide in using PinoyNumber's
Product and Service.
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| End
User License Agreement |
This
End User License Agreement ("Agreement")
constitutes a valid and binding agreement between
PinoyNumber.com (together with its affiliates,
successors and assigns "PinoyNumber")
and you ("you" or "your")
for the use of the PinoyNumber Product, Network
and Services, as those terms are defined below.
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| Introduction |
Welcome to PinoyNumber (the “Site”).
Please read the following Terms of Use carefully
before using this Site or ordering/downloading
any of our products, so that you are aware of
your legal rights and obligations with respect
to Digital Point and its affiliates and subsidiaries
(individually and collectively, “PinoyNumber”).
By using the Site, purchasing
products, you signify your irrevocable acceptance
of these Terms of Use. You also agree to ensure
that anyone who uses this software on your computer
also abides by the Terms of Use. PinoyNumber has
the right to revise the Terms of Use at any time
without providing notice to its users. Your continued
use of the Site shall be deemed irrevocable acceptance
of those revisions.
We reserve the right to change,
modify, suspend or discontinue any portion of
the Site at any time. We may also impose limits
on certain features or restrict your access to
parts or the entire Site without notice or liability.
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| Use
of Materials |
All materials published by PinoyNumber
on this Site (including, but not limited to PinoyNumber
Product, text, images, illustrations, video and
audio clips, etc., known collectively as the “Content”)
are owned or controlled by PinoyNumber, its subsidiaries
or affiliated companies or a third-party provider,
and are protected by copyright and are sometimes
referred to as “Materials”.
You agree that you will not record
the images or animations contained in this Site
by any means for the purposes of distribution
or display. The Materials may not be copied, reproduced,
uploaded or transmitted in any way unless specifically
authorized by PinoyNumber, except that you may
download one (1) copy of the Materials on a single
computer for non-commercial, personal use only,
provided that you keep all copyright, trademark
and other intellectual property notices intact.
Making modifications to the Materials or creating
derivative works based on the Materials is prohibited,
as is using the Materials on any networked computer
environment or other website.
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| Use
of PinoyNumber Product |
PinoyNumber product, sometimes
referred to as (the “Product”) and accompanying
documentation that are made available by download
from this Site are the copyrighted work of PinoyNumber.
Use of the Product is governed by the terms of
the end user license agreement that accompanies
or is included with such Product and is also referenced
on this website. You will not be able to use any
Product that is accompanied by or includes an
end user license agreement unless you agree to
the terms of such end user license agreement.
You may not decompile, reverse engineer or otherwise
attempt to discover the source code of the Product
available on the Site.
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| Warranties
and Disclaimers |
Except as expressly provided otherwise
in a written agreement between you and PinoyNumber,
the materials in or purchased through this site
are provided “as is” and without warranties of
any kind either express or implied. To the fullest
extent permissible pursuant to applicable law,
PinoyNumber disclaims all warranties, express
or implied, including, but not limited to, implied
warranties of merchantability or fitness for a
particular purpose, or the warranty of non-infringement.
Without limiting the foregoing, PinoyNumber does
not warrant that the functions contained in the
service will be uninterrupted or error-free, that
defects will be corrected, or that this service
or the server that makes it available are free
of viruses or other harmful components. PinoyNumber
does not warrant or make any representations regarding
the use or the results of the use of the materials
in this service in terms of their correctness,
accuracy, reliability, or otherwise. You (and
not PinoyNumber) assume the entire cost of all
necessary servicing, repair, or correction. Applicable
law may not allow the exclusion of implied warranties,
so the above exclusion may not apply to you. Without
limitation of the foregoing, you acknowledge that
as a service to users of the PinoyNumber service,
we include links to other web sites on the world
wide web portion of the internet and that PinoyNumber
has no control over, and makes no representations
of any kind whatsoever, regarding the content
or appropriateness of content on such web sites
and you hereby irrevocably waive any claim against
us with respect to such web sites.
Under no circumstances, including,
but not limited to, negligence, shall PinoyNumber
be liable for any special or consequential damages
that result from the use of, or the inability
to use, the materials, the site, or any other
web site, even if PinoyNumber or a PinoyNumber
authorized representative has been advised of
the possibility of such damages. Applicable law
may not allow the limitation or exclusion of liability
for incidental or consequential damages, so the
above limitation or exclusion may not apply to
you. No advice or information, whether written
or oral, obtained by you from PinoyNumber or from
or through the site shall create any warranty
not expressly stated in the terms of use. In no
event shall PinoyNumber's total liability to you
for all damages, losses, and causes of action
(whether in contract, tort (including, but not
limited to, negligence) or otherwise) exceed the
amount paid by you, if any, for purchasing any
materials or products.
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| Term
of Use |
The
license for use of the Site and the Materials
is effective until terminated. You may terminate
it at any time by destroying the Materials together
with all copies thereof. This license will terminate
upon conditions set forth elsewhere within this
Terms of Use or if you fail to comply with any
term or condition of this Terms of Use. In such
event, no notice shall be required by PinoyNumber
to effect such termination. Upon termination of
this Terms of Use, you agree to destroy the Materials
together with all backup copies, modifications,
printed or written materials, and merged portions
in any form, or return same to PinoyNumber at
your expense.
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| Links |
PinoyNumber may provide links to other
sites that we feel are relevant and interesting
to our users (“Link Sites”). PinoyNumber is not
responsible for the content on the Link Sites
and is not responsible for the accuracy of the
information and intellectual property notices
therein. Some of these Link Sites may provide
you with opportunities to purchase Products. We
do not endorse any of the Products nor do we make
any representations or warranties in connection
with the Products.
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| Online
Behavior |
Please exercise respect when participating
in any of Digital Point's community features such
as Forums, Bulletin Boards, Chat Rooms, Email
functions, etc. (“User Materials”). You may not
submit or publish through Digital Point any User
Materials that are libelous, defamatory, pornographic,
an invasion of privacy, obscene, abusive, illegal,
racist, offensive, an infringement on any intellectual
property rights of a third party or would otherwise
violate the rights of any third party. Furthermore,
you may not submit or publish User Materials through
Digital Point that solicit funds or services,
contain advertising or include programs that contain
viruses or any other programs designed to impair
the functionality of any computer.
Please remember that we do not
monitor the contents of these community features
and cannot be held responsible for the User Materials.
Therefore, we apologize in advance for any offensive
or otherwise displeasing User Materials.
Notwithstanding any rights or
obligations governed by the Additional Terms,
if, at any time you upload or post User Materials,
including but not limited to comments, suggestions,
problem reports, bug reports and design ideas
to the Site you automatically grant PinoyNumber
a non-exclusive, royalty-free, perpetual license
of all rights throughout the universe to use,
edit, modify, include, incorporate, adapt, record
and reproduce the User Materials including, without
limitation, all trademarks associated therewith,
in any manner whatsoever, in or out-of-context,
in all languages, in all media now known and hereafter
devised, and to use the User Materials in advertising,
promotion and publicity for the Site, PinoyNumber
and its or their products and services, in any
and all media now known or hereafter devised.
In addition, you represent and warrant that you
are entitled to enter into these Terms of Use
and that you waive any so-called “moral rights”
in and to the User Materials.
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| Submissions |
Certain parts of the Site may ask for
written suggestions or problem reports such as
using our contact form or problem report form
(“Submissions”). In such a case, please read carefully
the specific terms, which govern those Submissions
(“Additional Terms”). In the absence of Additional
Terms, the PinoyNumber Terms of Use shall govern
your legal rights with respect to those Submissions.
The Submissions shall be deemed
the property of PinoyNumber. PinoyNumber shall
exclusively own all now known or hereafter existing
rights to the Submissions throughout the universe
in perpetuity and shall be entitled to use the
Submissions for any purpose whatsoever, commercial
or otherwise, without compensation to the provider
of the Submissions. In any event, any Submissions
you send to PinoyNumber will not be treated as
confidential and PinoyNumber shall not be liable
for any disclosure of the Submissions.
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| Accounts
and Security |
PinoyNumber does not warrant that the
functions contained in the service provided by
the Site will be uninterrupted or error-free,
that defects will be corrected or that this service
or the server that makes it available will be
free of viruses or other harmful components.
As part of the registration process,
each Patron will select a password (“Password”)
and User Name (“User Name”). You shall provide
PinoyNumber with accurate, complete, and updated
Account information. Failure to do so shall constitute
a breach of this Terms of Use, which may result
in immediate termination of your Account. You
may not (i) select or use a User Name of another
person with the intent to impersonate that person;
(ii) use a name subject to the rights of any other
person without authorization; or (iii) use a User
Name that PinoyNumber, in its sole discretion,
deems inappropriate or offensive.
You shall notify PinoyNumber of any known or
suspected unauthorized use(s) of your Account,
or any known or suspected breach of security,
including loss, theft, or unauthorized disclosure
of your password. You shall be responsible for
maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal
activity may be grounds for termination of your
Account, at PinoyNumber's sole discretion, and
you may be reported to appropriate law-enforcement
agencies.
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| Notification
of Copyright Infringement |
PinoyNumber will investigate notices
of copyright infringement and take appropriate
actions. If you believe that your work has been
used or copied in a way that constitutes copyright
infringement and such infringement is occurring
on this Site or on sites linked to from this Site,
please notify Digital Point.
Pursuant to Title 17, United
States Code, Section 512(c)(3), a notification
of claimed infringement must be a written communication
addressed to the designated agent as set forth
below, and must include substantially all of the
following:
A physical or electronic signature of the person
authorized to act on behalf of the owner of the
copyright interest that is alleged to have been
infringed;
A description of the copyrighted
work or works that you claim have been infringed
(“infringed work”) and identification of what
material in such work(s) is claimed to be infringing
(“infringing work”) and which you request to be
removed or access to which is to be disabled;
A description of where the material that you
claim is infringing is located on the Site;
information sufficient to permit PinoyNumber to
contact you, such as your physical address, telephone
number, and email address;
A statement by you that you have a good faith
belief that the use of the material identified
in your Notice in the manner complained of is
not authorized by the copyright owner, its agent,
or the law;
A statement by you that the information in your
Notice is accurate and, under penalty of perjury
that you are the copyright owner or authorized
to act on the copyright owner's behalf.
For Notice of claims of copyright infringement,
PinoyNumber can be reached by our contact form.
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ADMINSTRATIVE INFORMATION
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| Jurisdictional
Issues |
This
Site is controlled and operated by PinoyNumber.
PinoyNumber makes no representation that materials
in the Site are appropriate or available for use
in your location. Those who choose to access this
Site from any location do so on their own initiative
and are responsible for compliance with local
laws, if and to the extent local laws are applicable.
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| Indemnity |
You agree to indemnify and hold
PinoyNumber, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by
any third party due to or arising out of content
you submit, post to or transmit through the Site,
your use of the Site, your connection to the Site,
your violation of the Terms of Use, or your violation
of any rights of another person or entity.
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| Governing
Law |
By
accessing this Site, you and PinoyNumber agree
that all matters relating to your access to, or
use of, this Site shall be governed by and construed
in accordance with the laws of the United States
, without giving effect to any principles of conflicts
of law.
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| Trademarks |
The trademarks, logos and service marks
(“Marks”) displayed on this Site are the property
of PinoyNumber or other third parties. You are
not permitted to use the Marks without the prior
written consent of PinoyNumber or such third party,
which may own the Marks. PinoyNumber and the PinoyNumber
logo are trademarks of PinoyNumber.
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If
you have any questions or concerns about this
Terms of Use or any issues raised in this Terms
of Use or on the Site, please contact
us.
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