Smart Pinoy Terms and Conditions
Welcome to the Web site of the SMART Pinoy Services found at http://www.smartpinoy.net.ph/ ("Web site") owned and
operated by SMART Communications, Inc. ( "we" or "us"). In addition to the Content on the Web site and the services provided by SMART Pinoy Services
through the Web site ("Services"), the Web site may provide you with various opportunities to submit content and participate in various community Services.
BY USING OUR WEB SITE AND THE SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, PLEASE DO NOT USE THE WEB SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE FOLLOWING TERMS AND CONDITIONS FROM TIME
TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS
WILL BE TAKEN AS YOUR ACCEPTANCE OF THE AMENDED TERMS AND CONDITIONS.
- Copyright and Ownership.
All of the content featured or displayed on the Web site, including without limitation text, graphics, photographs, images, moving images, sound and
illustrations ("Content"), is owned by SMART Pinoy Services, its sponsors, licensors, vendors, agents and/or its partners. All elements of the Web
site, including without limitation the general design and the Content, are protected by copyright, moral rights, trademark and other laws relating to
intellectual property rights. The Services and the Web site may be used only for the intended purpose for which such Web site and Services are being
made available. Except as may otherwise be indicated in specific documents within the Web site, you are authorized to view, play, print and download
documents, audio and video found on our Web site for personal, informational and noncommercial purposes only. You may not modify any of the materials,
and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any
information or work contained on the Web site unless with our express permission. Except as authorized under the copyright laws, you are responsible
for obtaining permission before reusing any copyrighted material that is available on the Web site. For purposes of these Terms and Conditions, the use
of any such material on any other Web site or networked computer environment is prohibited. You shall comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding your use of the Web site and Services. The Web site, its Content and all related
rights shall remain the exclusive property of SMART Pinoy Services or its licensors unless otherwise expressly agreed. You will not remove any
copyright, trademark or other proprietary notices from material found on this Web site.
All trademarks, service marks and trade names of SMART Pinoy Services, PLDT and SMART used herein (including, but not limited to, the SMART Pinoy
Services name and the SMART Pinoy Services logo) (collectively "Marks") are trademarks or registered trademarks of SMART Pinoy Services, PLDT, SMART or
its partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way,
including in advertising or publicity pertaining to distribution of materials on this Web site, without the SMART Pinoy Services' prior written
consent. The use of the Marks on any other Web site or network computer environment is not allowed without prior written consent.
- Submission Policy.
Where the SMART Pinoy Services may specifically invite or request submissions, the SMART Pinoy Services may encourage members of the public to submit
user published content or user content (e.g., testimonials emailed to the SMART Pinoy Services, postings to forums, participation in communities,
videos, tips, etc.) to the SMART Pinoy Services that they have created for consideration in connection with the Web site and any related programs,
books and broadcasts (each a "User Submission "). User Submissions remain the intellectual property of the individual user. By submitting content on
our Web site, you expressly grant the SMART Pinoy Services a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub
licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such
content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any
media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other
ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions
are deemed non-confidential, and the SMART Pinoy Services shall be under no obligation to maintain the confidentiality of any information, in whatever
form, contained in any User Submission.
- Inappropriate Materials and Submissions.
For applicable services, you are prohibited from posting or submitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or
profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil
liability, or otherwise violate any law. Such violations may subject the sender and the sender's agents to civil and criminal penalties. The SMART
Pinoy Services will reject any submissions or postings in which the SMART Pinoy Services believes, in its sole discretion, that any such activities
have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms and Conditions, the SMART Pinoy Services
reserves the right to determine, in its sole discretion, if such a violation has occurred and to remove any such submission or posting from the Web
site. You further understand and agree that sending unsolicited e-mail advertisements to the Web site or any user of the Web site or through voice
computer systems is expressly prohibited by these Terms and Conditions. Any such unauthorized use of our computer systems is a violation of these Terms
and Conditions and applicable "anti-spam" laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole
discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the
violation, including, without limitation, the immediate removal of the related materials from this Web site. We will fully cooperate with any law
enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
- Framing this Web site.
Running or displaying this Web site or any information or material displayed on this Web site in frames or through similar means on another Web site
without our prior written permission is prohibited. Any permitted links to this Web site must comply with all applicable laws, rule and regulations.
- Third-Party Links.
From time to time, this Web site may contain links to Web sites that are not owned, operated or controlled by SMART Pinoy Services. All such links
are provided solely as a convenience to you. If you use these links, you will leave this Web site. We are not responsible for any content, materials or
other information located on or accessible from any other Web site, nor any products or services that you buy from that Web site or any donations made
through that Web site. We do not endorse, guarantee or make any representations or warranties regarding any other Web sites, or any content, materials
or other information located or accessible from any other Web sites, or the products or services that you may obtain from using any other Web sites or
how any donations you make through such Web sites will be used. If you decide to access any other Web sites linked to or from this Web site, you do so
entirely at your own risk.
- Access and Interference.
You agree that you will not use any robot, spider, scraper or other automated means to access the Web site for any purpose without our express
written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable
or disproportionately large load on our network and infrastructure; (b) interfere or attempt to interfere with the proper working of the Web site or
any activities conducted on the Web site; or (c) bypass any measures we may use to prevent or restrict access to the Web site.
- Force Majeure.
Neither the SMART Pinoy Services nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences
beyond its or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war,
revolution, civil commotion or acts of civil or military authorities or public enemies ; any law, order, regulation, ordinance or requirement of any
government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes,
slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY
WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. SMART
PINOY SERVICES DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE
INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND SMART PINOY SERVICES DOES NOT MAKE ANY COMMITMENT OR
ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED
BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- LIMITATIONS OF LIABILITY.
The SMART Pinoy Services does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your
computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Web site, or your
downloading of any information or materials from this Web site. We do not guarantee continuous, uninterrupted or secure access to our Web site or
Services, and operation of the Web site may be interfered with by numerous factors outside of our control. IN NO EVENT WILL THE SMART PINOY SERVICES,
OR ANY OF ITS OFFICERS, DIRECTORS, BOARD OF TRUSTEES, EMPLOYEES, SPONSORS, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE
CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO
USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL
SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
SPECIFICALLY ACKNOWLEDGE THAT THE SMART PINOY SERVICES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.)
You agree to defend, indemnify and hold the SMART Pinoy Services harmless from any and all liabilities, costs, and expenses, including reasonable
attorneys' fees, related to or in connection with: (a) the use of the Web site or the Internet or your placement or transmission of any message or
information on this Web site by you or your authorized users; (b) your violation of any of these Terms and Conditions, including without limitation,
your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of
privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the Republic of the Philippines or any
other country; (e) any claim or damages that arise as a result of any User Submission that you provide to the SMART Pinoy Services; or (f) any other
party's access to and use of the Web site with your unique username, password or other appropriate security code.
In the event that you have a dispute with one or more other users of the Web site, you release the SMART Pinoy Services (and our officers, directors,
board of trustees, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- General. Any claim relating to, and the use of, this Web site and the materials contained herein is governed by the laws of the Republic of the Philippines.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions
shall be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by SMART Pinoy Services in
our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These
Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. 7 (Access and
Interference), 10 (Limitations of Liability), 11 (Indemnity), and 12 (Release) shall survive any termination or expiration of these Terms and
Conditions, your access to the Web site or use of the Services.
- Entire Agreement. These Terms and Conditions are the entire agreement between the user and the SMART Pinoy Services and supersede any prior understandings or
agreements (written or oral).
- Additional Assistance.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us through the
email address provided in the Contact Us Page.
- Copyright Notice. All Web site design, content, graphics, text selections, arrangements and all software are Copyright © 2008, SMART Pinoy Services. ALL RIGHTS