PinoyMTB.net TERMS OF SERVICE
Please take the time to read this entire agreement (“Agreement”) governing your responsibilities (hereinafter, “you”, “your” or “user”) and use of the PinoyMTB.net site (“Site”). Failure to adhere to your responsibilities under this Agreement will result in termination of your PinoyMTB.net account and/or may expose you to liability. PinoyMTB.net is trademark owned by Tena Technologies, a California corporation (collectively with Site, “PinoyMTB.net”, “us” or “we”).
To upload to PinoyMTB.net and use PinoyMTB.net’s services you must agree to and abide by the following terms and conditions of service (the “TOS”). Unless specifically noted, the following statements apply to all PinoyMTB.net partners and affiliates who receive free or commission based PinoyMTB.net Service.
1. Acceptance of terms
PinoyMTB.net provides its service to you, subject to the following TOS. Your use of the Site constitutes your acceptance to these TOS. PinoyMTB.net reserves the right, in its sole and absolute discretion, to change, modify, add, or remove portion of this TOS at any time. Any such changes will be reflected on the Site and your continued use of the Site will constitute your acceptance of these TOS or any revised TOS. PinoyMTB.net may also offer other third party services that are governed by different terms of service. You should at all times be aware of and read any other such terms of service. PinoyMTB.net hereby specifically disclaims responsibility for your failure to read any third party terms of service.
2. Prohibited Content
You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law.
3. Qualifications for Service
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PinoyMTB.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PinoyMTB.net has the right to suspend or terminate your account, remove your postings and refuse any and all current or future use of the Site (or any portion thereof).
4. Description of Service
PinoyMTB.net is social community website. You may contact us at Contact Us Form for more information
You agree that in order to provide you this service PinoyMTB.net can place advertisements into any interface provided by PinoyMTB.net. Such advertisements are under PinoyMTB.net’s sole and absolute control and may not, under any circumstances, be removed.
6. Ownership of Content / Limited License to PinoyMTB.net
You should be well aware that the general look and feel of PinoyMTB.net is and will be owned by PinoyMTB.net. All content uploaded to PinoyMTB.net servers is the property of the creator of that content.
This means that you can upload onto the Site:
(i) any content owned by you;
(ii) content which is in the public domain; or
(iii) content for which you have received express written permission to upload from the owner.
You assume all risk and responsibility for determining whether content is in the public domain. You agree to obtain licensing for any content that is not owned by you. You hereby grant PinoyMTB.net a non-exclusive, perpetual, worldwide license to encode and distribute your content over the Site and to use such content for advertisement purposes as PinoyMTB.net sees fit, in any medium, in its sole and absolute discretion, without any compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
7. Limitation of Liabilty
You agree to upload the content on the system in a legal manner. You further agree that PinoyMTB.net is not liable for the content uploaded and distributed by you. PinoyMTB.net hereby disclaims any liability from, including but not limited to, content posted by you that violates these TOS, violates federal or state law, copyright law, trademark law, patent or trade secret law, state privacy law or content that is otherwise libelous or defamatory. PinoyMTB.net is in no way responsible for the use you make of the PinoyMTB.net feature.
8. Cancellation Policy
You are free to cancel your PinoyMTB.net account at any time. Cancellation requests must be sent via our contact us form.
9. Termination of Service / Removal Policy
We reserve the right to temporarily deactivate or permanently remove any PinoyMTB.net + account at any time, in our sole and absolute discretion, for any reason, including, but without limitation, the following: lack of use, use inconsistent with these TOS, illegal use, and network or server abuse.
10. Disclaimer of Warranties
PinoyMTB.net attempts to ensure that service and the Site are available at all times. However, service is provided “as-is” and “as available”.
Neither PinoyMTB.net nor any provider of third party content, nor any of their respective agents:
(i) warrants that the service will be uninterrupted or error free;
(ii) makes any warranty as to the results to be obtained from the use of our services or the Site
(iii) makes any warranties of any kind, either express or implied, including but without limitation, warranties of title, any implied warranties of merchantability or fitness for a particular purpose or for any indirect special or consequential damages associated with PinoyMTB.net service or Site; or
(iv) warrants that any files available for downloading through the Site will be free of viruses or similar contamination or destructive features.
Furthermore, PinoyMTB.net makes no guarantee nor claims responsibility for the timeliness, deletion, mis-delivery or failure to deliver any user communications or site content. You expressly agree that the entire risk as to the quality and performance of the Site is on you, the user.
11. PinoyMTB.net Notice Display Policy / Third Party Advertisements
Any messages posted on the PinoyMTB.net page and/or any third party advertisers banners and/or links must remain intact and visible on each page in which it appears; it is mandatory that they remain intact and visible. Failure to comply with this provision will also constitute grounds for account deactivation.
12. Server Downtime Policy
While PinoyMTB.net attempts to maintain it server up 100% of the time, we reserve the right to schedule routine maintenance on our servers, as well as routine upgrades. Maintenance may affect the availability of service for short periods of time. We disclaim liability for server downtime as set forth above.
13. Advertisements on PinoyMTB.net
You understand that in order to provide the service, PinoyMTB.net has the right to allow advertisers to cover the costs of this service and as such has the choice of advertisers and the content of their message is at the discretion of PinoyMTB.net. Additionally PinoyMTB.net reserves the right to deliver communications, service announcements and self advertising in order to continue to provide a quality service to you.
14. PinoyMTB.net Interface and Functionality
PinoyMTB.net strives to create a reliable, powerful and easy to use interface. As such PinoyMTB.net reserves the right to make changes to the interface, functionality and capabilities of the system in order to optimize the service, increase functionality or insure server performance. PinoyMTB.net will endeavor to notify users in a timely manner of any planned interface changes, or future functionality of the site that in development, but is under no obligation to do so. Some changes may be made without your consent or notification.
15. User Account, Password and Security
You will receive a password and account designation upon completing the Sites’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PinoyMTB.net of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access. PinoyMTB.net cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
17. PinoyMTB.net Intellectual Property
PinoyMTB.net, and all other proprietary rights in the PinoyMTB.net website are the intellectual property of PinoyMTB.net. All rights are reserved.
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND , AND HOLD HARMLESS PinoyMTB.net, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST PinoyMTB.net, ITS EMPLOYEES, AGENTS, ANDREPRESENTATIVES TO THE EXTENT SAIDCLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THIS TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE; (B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR ACCOUNT; (C) A VIOLATION OF THE TOS BY YOU OR ANYONE USING YOUR COMPUTER OR MEMBER ID. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON’S USE OR ACCESS OF YOUR COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING.
19. Governing Law / Miscellaneous
This TOS shall be construed in accordance with the laws of the State of California , and you will agree to submit to jurisdiction to any action to enforce the terms herein in the federal or state courts of Los Angeles County , California . The rights and obligations herein may not be assigned or delegated. If any inconsistency exists between the terms of this TOS and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, otherwise, this TOS shall control.
20. Entire Agreement.
The TOS constitutes the entire and only Agreement between you and PinoyMTB.net with respect to use of the Site, and supersedes any prior agreements, oral or written, between you and PinoyMTB.net. Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in this TOS shall not be binding on PinoyMTB.net.
22. Modifications to the Terms of Service
PinoyMTB.net may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of PinoyMTB.net. PinoyMTB.net will provide at least 30-days’ notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using PinoyMTB.net and cancel your registration.
21. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.
22. Statute of Limitiations
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 Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23. Section Titles
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of this TOS to PinoyMTB.net at the following address:
PO Box 3762
Winnetka, CA 91396