| :: Terms of Use ACCEPTANCE OF
TERMS
The services that dcPinoy provides to you are subject to the following Terms of Use
("TOU"). dcPinoy reserves the right to update the TOU at any time without notice
to you. The most current version of the TOU can be reviewed by clicking on the "Terms
of Use" hypertext link located at the bottom of our Web pages.
DESCRIPTION OF SERVICES
Through its network of Web properties, dcPinoy provides you with access to a variety of
resources, including research tools, listing services, recommendations and product
information (collectively "Services"). The Services, including any updates,
enhancements, new features, and/or the addition of any new Web properties, are subject to
the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services are for your personal and non-commercial use. You
may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, software, products or
services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement disclosures relating to the collection and use of your
information.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs)
from the Services is granted, provided that (1) the below copyright notice appears in all
copies and that both the copyright notice and this permission notice appear, (2) use of
such Documents from the Services is for informational and non-commercial or personal use
only and will not be copied or posted on any network computer or broadcast in any media,
and (3) no modifications of any Documents are made. Accredited educational institutions,
such as K-12, universities, private/public colleges, and state community colleges, may
download and reproduce the Documents for distribution in the classroom. Distribution
outside the classroom requires express written permission. Use for any other purpose is
expressly prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the dcPinoy.com Web site
or any other dcPinoy owned, operated, licensed or controlled site. Elements of dcPinoy Web
sites are protected by copyright laws, unfair competition, and other laws and may not be
copied or imitated in whole or in part. No logo, graphic, sound or image from any dcPinoy
Web site may be copied or retransmitted unless expressly permitted by dcPinoy.
dcPinoy AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF
THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE
SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. dcPinoy AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL dcPinoy
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. dcPinoy AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE. IN NO EVENT
SHALL dcPinoy AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the registration
process by providing us with current, complete and accurate information as prompted by the
applicable registration form. You also will choose a password and a user name. You are
entirely responsible for maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur under your
account. You agree to notify dcPinoy immediately of any unauthorized use of your account
or any other breach of security. dcPinoy will not be liable for any loss that you may
incur as a result of someone else using your password or account, either with or without
your knowledge. However, you could be held liable for losses incurred by dcPinoy or
another party due to someone else using your account or password. You may not use anyone
else's account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You may not use
the Services in any manner that could damage, disable, overburden, or impair the dcPinoy
website, or the websites related to dcPinoy, or interfere with any other party's use and
enjoyment of any Services. You may not attempt to gain unauthorized access to any
Services, other accounts, web hosting providers or networks connected to any dcPinoy
website or to any of the Services, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available through the Services.
USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, photo albums, file cabinets
and/or other message or communication facilities designed to enable you to communicate
with others (each a "Communication Service" and collectively "Communication
Services"). You agree to use the Communication Services only to post, send and
receive messages and material that are proper and, when applicable, related to the
particular Communication Service. By way of example, and not as a limitation, you agree
that when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes,
chain letters, junk e-mail, spamming or any duplicative or unsolicited messages
(commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or
other material protected by intellectual property laws, including, by way of example, and
not as limitation, copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all necessary consent to do
the same.
- Use any material or information, including images or photographs, which are made
available through the Services in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may damage the operation
of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless
such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or
reasonably should know, cannot be legally reproduced, displayed, performed, and/or
distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions,
legal or other proper notices or proprietary designations or labels of the origin or
source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or
entity any directory of users of the Services or other user or usage information or any
portion thereof.
dcPinoy has no obligation to monitor the Communication Services. However, dcPinoy
reserves the right to review materials posted to the Communication Services and to remove
any materials in its sole discretion. dcPinoy reserves the right to terminate your access
to any or all of the Communication Services at any time, without notice, for any reason
whatsoever.
dcPinoy reserves the right at all times to disclose any information as dcPinoy deems
necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in whole or
in part, in dcPinoy's sole discretion.
Always use caution when giving out any personally identifiable information about yourself
or your company in any Communication Services. dcPinoy does not control or endorse the
content, messages or information found in any Communication Services and, therefore,
dcPinoy specifically disclaims any liability with regard to the Communication Services and
any actions resulting from your participation in any Communication Services. Managers and
hosts are not authorized dcPinoy spokespersons, and their views do not necessarily reflect
those of dcPinoy.
Materials uploaded to the Communication Services may be subject to posted limitations on
usage, reproduction and/or dissemination; you are responsible for adhering to such
limitations if you download the materials.
MATERIALS PROVIDED TO dcPinoy OR POSTED AT ANY dcPinoy
dcPinoy does not claim ownership of the materials you provide to dcPinoy (including
feedback and suggestions) or post, upload, input or submit to any Services or its
associated services for review by the general public, or by the members of any public or
private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting ("Posting") your Submission you are granting dcPinoy, its affiliated
companies and necessary sublicensees permission to use your Submission in connection with
the operation of their Internet businesses (including, without limitation, all dcPinoy
Services), including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; to publish your name in connection with your Submission; and the right to
sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided
herein. dcPinoy is under no obligation to post or use any Submission you may provide and
dcPinoy may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of
the rights to your Submission as described in these Terms of Use including, without
limitation, all the rights necessary for you to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and representation set forth above, by Posting Submissions
that contain images, photographs, pictures or that are otherwise graphical in whole or in
part ("Images"), you warrant and represent that (a) you are the copyright owner
of such Images, or that the copyright owner of such Images has granted you permission to
use such Images or any content and/or images contained in such Images consistent with the
manner and purpose of your use and as otherwise permitted by these Terms of Use and the
Services, (b) you have the rights necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each person depicted in such Images, if any,
has provided consent to the use of the Images as set forth in these Terms of Use,
including, by way of example, and not as a limitation, the distribution, public display
and reproduction of such Images. By Posting Images, you are granting (a) to all members of
your private community (for each such Images available to members of such private
community), and/or (b) to the general public (for each such Images available anywhere on
the Services, other than a private community), permission to use your Images in connection
with the use, as permitted by these Terms of Use, of any of the Services, (including, by
way of example, and not as a limitation, making prints and gift items which include such
Images), and including, without limitation, a non-exclusive, world-wide, royalty-free
license to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Images without having your name attached to such Images,
and the right to sublicense such rights to any supplier of the Services. The licenses
granted in the preceding sentences for a Images will terminate at the time you completely
remove such Images from the Services, provided that, such termination shall not affect any
licenses granted in connection with such Images prior to the time you completely remove
such Images. No compensation will be paid with respect to the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service Provider's Designated Agent.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE DCPINOY' SITE. THE LINKED SITES ARE NOT UNDER
THE CONTROL OF dcPinoy AND dcPinoy IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE
OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. dcPinoy
IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY
LINKED SITE. dcPinoy IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY DCPINOY OF THE SITE.
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