PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. All users of this web site agree that access to and use of this web site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this web site.
Typographical errors
In the event a PinoyDVD product is listed at an incorrect price due to typographical
error or error in pricing information received from our suppliers, PinoyDVD
shall have the right to refuse or cancel any orders placed for product listed
at the incorrect price. PinoyDVD shall have the right to refuse or cancel any
such orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase and your
order is cancelled, PinoyDVD shall issue a credit to your credit card account
in the amount of the incorrect price.
Term and termination
These terms and conditions are applicable to you upon your accessing the web
site and/or completing the registration or shopping process. These terms and
conditions, or any of them, may be terminated by PinoyDVD without notice at
any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer,
Limitation of Liability, Indemnification and Miscellaneous, shall survive any
termination.
Payment Terms
PinoyDVD charges in Philippine Peso. The dollar equivalent posted is an approximate
conversion based on the latest available USD-PHP exchange rate. If your credit
card is locally issued, you will be billed in PESO. If you own a foreign issued
credit card, your credit card bills you in your credit card’s preferred currency.
Your actual charge will be determined by the exchange rate used by your credit
card company. The buyer will have to settle any outstanding amount with the
concerning bank according to the policies, terms and conditions of the bank
who has the said jurisdiction governing the legal use of that credit card owned
by you, the buyer or cardholder.
Notice
PinoyDVD may deliver notice to you by means of electronic mail, a general notice
on the web site, or by written communication delivered by mail to your address
on record in PinoyDVD’s account information.
Miscellaneous
These terms and conditions are made in and shall be construed, enforced, performed
and governed by the laws of Philippines, excluding choice of law. Each party
irrevocably agrees that any legal action, suit, or proceeding brought by it
in any way arising out of any transaction on this web site must be brought solely
and exclusively in the courts of Makati, Philippines. Each party irrevocably
accepts and submits to the sole and exclusive jurisdiction of the above-mentioned
courts in personam, generally and unconditionally with respect to any action,
suit or proceeding brought by it or against it by the other party. Each party
further consents to the service of process out of the above-mentioned courts
by mailing copies thereof by registered or certified mail, postage prepaid,
to such party at its address designated pursuant to the insurance contract.
PinoyDVD makes no representation that any information, materials or functions
included are appropriate for use in any other jurisdiction.
Use of web site
Harassment in any manner or form on the web site, including via e-mail and chat
or by obscene or abusive language is strictly forbidden. Impersonation of others,
including a PinoyDVD or other licensed employee, host, or representative as
well as other members or visitors on the web site is prohibited. You may not
upload to, distribute, or otherwise publish through the web site any content
which is libelous, defamatory, obscene, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable which may constitute
or encourage a criminal offense, violate the rights of any party or which may
otherwise give rise to liability or violate any law. You may not upload commercial
content on the web site or use the web site to solicit others to join or become
members of any other commercial online service or other organization.
Participation disclaimer
PinoyDVD does not and cannot review all communications and materials posted
to or created by users accessing the web site and is not in any manner responsible
for the content of these communications and materials. You acknowledge that
by providing you with the ability to view and distribute user generated content
on the web site, PinoyDVD is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating to any contents
or activities on the web site. However, PinoyDVD reserves the right to block
or remove communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation
of a copyright, trademark or other intellectual property right of another, or
(d) offensive or otherwise unacceptable to PinoyDVD at its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless PinoyDVD, its officers, directors,
employees, agents, licensors and suppliers (collectively the "Service Providers")
from and against all losses, expenses, damages and costs, including reasonable
attorneys’ fees, resulting from any violation of these terms and conditions
or any activity related to your account (including negligent or wrongful conduct)
by you or any other person accessing the web site using your Internet account.
Third party links
In an attempt to provide increased value to our visitors, PinoyDVD may choose
various third party web sites to link to from our own web site. However, even
if the third party is affiliated with PinoyDVD, PinoyDVD has no control over
these linked web sites, which each have separate privacy and data collection
practices, independent of PinoyDVD. PinoyDVD has no responsibility or liability
for these independent policies or actions and is not responsible for the privacy
practices or the content of such web sites. These linked web sites are only
for your convenience and therefore you access them at your own risk. Nonetheless,
we seek to protect the integrity of our web site and the links placed upon it
and therefore we request feedback on not only our own web site, but for web
sites we link to as well (including if a specific link does not work).
Trademarks
All trademarks, service marks, and trade names (collectively the "Marks")
are proprietary to PinoyDVD or other respective owners that have granted PinoyDVD
the right and license to use such Marks.
Disclaimer
THIS WEB SITE AND THE MATERIALS AND PRODUCTS IN THIS WEB SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PinoyDVD DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PinoyDVD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. PinoyDVD DOES NOT MAKE ANY WARRANTIES
OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS
OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY
OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of liability
PinoyDVD SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEB SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF PinoyDVD HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.