This forum allows you to connect and converse on a wide range of topics with other users. Please take a few minutes to read the PinoyExchange User Agreement. This User Agreement (the "Agreement") describes the terms and conditions on which PEx Online Community Corp., owner of PinoyExchange.com, offers you to be a participant in the PinoyExchange Forum at PinoyExchange.com.
Below are some reminders and guidelines on how to use this forum followed by the User Agreement:
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. BY VISITING AND USING PinoyExchange,com, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THEM AND FAITHFULLY COMPLY WITH THEM. However, if you have any questions about this Agreement, email PEx Online Community Corp. at [email protected].
Registration. Information required upon registration for each participant on PinoyExchange.com must be accurate and complete. You must update your information as needed in order to ensure that the information remains accurate and complete.
Use of Member ID and Password. PEx Online Community Corp. assumes that all activities made using your Member ID and password are authorized by you.
Use of Avatars. Avatars are allowed by PEx Online Community Corp. to give a defined image to a user. When posting avatars, users are not allowed to post prohibited or offensive material including, but not limited to, obscene, violent, racist, and gory images.
Adult Content. Members are not allowed to use adult content in their avatars. This includes, but is not limited to, obscene, sexy, and titillating images. This also include images with sexual innuendo.
Violence. Members are not allowed to use images that depict acts of violence and gore in their avatars.
Potentially Harmful Content. Members are not allowed to use images that contain elements such as, but not limited to, optical illusions and stroboscopic animations that can cause physical harm or discomfort to other users.
Content against the User Agreement. Members cannot use images that violate or are inconsistent with the other parts of this User Agreement particularly under User Conduct (Section 8).
Posting of Messages. Upon registration on PinoyExchange.com, PEx Online Community Corp. allows you to post messages (including without limitation text, data, photos, graphics, music, sounds and videos) in the PinoyExchange Forum in a number of forms, such as your opinion about any of the topics in the PinoyExchange Forum and post comments to other people's messages. Within the limitations of Republic Act (RA) No. 10175 or the Cybercrime Prevention Act of 2012, PEx Online Community Corp. does not in any way assume any liability, claim, or damages that the users might be subjected to under RA No. 10175. The participation by members in the PinoyExchange Forum does not in any way make PEx Online Community Corp. a willful abettor or aider in the commission of any of the offenses under RA No. 10175.
Posting Limits. Users can post content that is allowed by the User Agreement. But to allow smooth loading of pages and user interaction, PEx Online Community Corp. may impose limits in terms of post length and image sizes.
License. By participating in the PinoyExchange Forum, you agree that PEx Online Community Corp. shall have complete ownership of and unlimited and irrevocable rights (including economic, moral and all other rights that may exist in such material) and license to use, display, publish or communicate to the public, permit others (including without limitation PEx Online Community Corp.'s co-brand partners) to publish, the Messages, online and offline, for a fee or otherwise, in whole or in part, throughout the world and in any form, media, or technology now known or later developed without need of any notice, remuneration, compensation, royalties or attribution to you. Nothing herein, however, shall permit PEx Online Community Corp. to use the name of the user, or the title of his work, or otherwise to make use of his reputation with respect to any version or adaptation of his messages which, because of alterations therein, would substantially tend to injure his literary or artistic reputation; or to use the name of the user with respect to a message he did not create or post. This provision shall not be deemed as assumption by PEx Online Community Corp. of any liability, claim or damages that the user might be subjected to under RA No. 10175.
User Conduct and User Generated Content.
Misinformation. Users are not allowed to post information that is knowingly false or inaccurate in the forum.
Flooding and Spamming. Users are not allowed to flood or spam the forum as it disrupts the flow of discussion. Flooding is defined as posting the same message to make the thread scroll faster than usual or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges. Spamming is defined as unsolicited messages that are posted in a single or multiple number of forum threads. Spam includes, but is not limited to, off-topic messages, senseless posts, and advertisements. In such case that there is a need to post the same message in multiple forums for a specific reason, request to secure for permission should be sent to [email protected].
Flaming and Personal Threats. Lashing out at other participants is strictly forbidden. Proper etiquette is required in participating in PinoyExchange.com. This also covers the prohibition of giving personal threats to fellow users.
Trolling. Posting insulting or deliberately divisive threads/replies for the purpose of (1) harvesting retaliatory insults and flames, or (2) throwing off the balance of the forum, is also disallowed.
Bashing. Criticizing establishments, celebrities, products, and other properties without any acceptable basis is not allowed in the forum.
Links to Harmful Content. Links containing any viruses, malware, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, are strictly not allowed.
Guidelines on Member IDs. A member ID holds the alias name of a user. You agree that you will not incorporate any word in your alias name, Message ID or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other proprietary/intellectual property rights of any third party, including, without limitation, that of PinoyExchange.com or PEx Online Community Corp.
Posting Format. Users should post messages which are clear and sensible, thus posting using such as, but not limited to, SMS lingo, alternating capital and lower case letters, and using of numbers and symbols for alphabetical letters are not allowed.
Vulgarity. Posts should not contain any indecent, obscene, or vulgar content such as, but not limited to, profanity, nudity, and immoral acts.
Piracy. Posts promoting piracy are prohibited in the forum. This includes. but is not limited to, hacking, cracking, custom firmware, and locations on where pirated materials are available.
Off-topic Posts. Each forum is specifically tailored to address certain topics; you are responsible for initiating new threads in the correct forum. You should stay on-topic at all times. The appropriate content for each forum is described in detail on the PinoyExchange Forum Homepage.
Advertising. You agree not to use the PinoyExchange Forum to either advertise or promote commercial endeavors.
Information safety. Posting personal information such as name, email address, contact details and social media accounts in this site places the information in public domain. We do not encourage anyone to post such information about oneself or anyone else on the site. PinoyExchange moderators and admin users shall have the right to remove any content with personal information if the need arises.
This site may offer promotions and online competitions. In such cases, collection of personal information may be necessary. Collected information shall only be used for the said promo or competition.
Promos and competitions shall be subject to its own rules and regulations.
Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.
In case of the unavailability of the intended prize in a promotion, PEx Online Community Corp and its partners reserve the right to substitute the prize with another prize of equal value.
Data Privacy Disclosure and Consent
The user hereby consents to the collection, processing (as defined under data privacy laws of the Philippines (“Applicable Law”), use, storage, updating, and disclosure, by PEx Online Community Corp., of all information relating to the user, including personal data, personal information and sensitive personal information as defined under Applicable Law.
The user hereby acknowledges that it has been informed and is aware of the following rights as a data subject under the Applicable Law: (a) right to object to the collection, processing, use or storage; and (b) right to access, correct, and erase or block, any information pertaining to the user that is collected, processed, used, stored or disclosed by PEx Online Community Corp.
The user hereby grants its informed consent freely and specifically to PEx Online Community Corp’s sharing or disclosure to any of the following (and, in turn, their collection, processing, use, storage, updating and disclosure), of such information, and, for this purpose, the user expressly waives its rights under the Applicable Law:
(i) to any affiliate of PEx Online Community Corp., whether organized in the Philippines or otherwise, and their respective representatives and agents; (ii) any public authority or government agency, competent court or tribunal; and (iii) partner outlets, loyalty program partners, service providers, professional advisors and third persons, engaged by PEx Online Community Corp., in connection with PinoyExchange.com.
The user agrees to hold PEx Online Community Corp. and its officers, directors, agents, employees, assigns and representatives free and harmless from any and all liability that may arise from, or in connection with, the collection, processing, use, storage, updating and sharing or disclosure, of information relating to the user, pursuant to the informed consent freely and specifically given by the user in this Agreement.
Termination from PinoyExchange.com
PinoyExchange.com may, at its discretion, suspend or terminate any user account/s that is/are believed to be violating its rules. Users in violation of this Agreement will be immediately deactivated without need of prior notice. The user confirms and acknowledges that PEx Online Community Corp. shall not in any way be liable for any all claims, actions, liabilities, losses, expenses, damages, and costs, in connection with the exercise by PEx Online Community Corp. of its rights and discretion under this clause and any other clause of this Agreement relating to user conduct.
Representations and Warranties
PEx Online Community Corp. represents and warrants that it has full power and authority to enter into this Agreement and does not expressly or impliedly assume any responsibility for any content provided by its users. PEx Online Community Corp. make no other warranty of any kind, whether expressed, implied, statutory or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular usage, and non-infringement.
In no event shall PEx Online Community Corp. be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of data, loss of use, or loss of profits arising thereunder or from the provision of services.
Users are solely responsible for any legal liabilities arising out of or relating to the content and other material they post in the forum. To the fullest extent permitted by applicable laws of foreign jurisdictions involved, a User hereby agrees to indemnify, defend and hold harmless PEx Online Community Corp. and its officers, directors, agents, employees, assigns and representatives (the “Indemnified Party”) from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, but not limited to, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claim against the Indemnified Party by reason of any act or omission of the user including, without limitation, acts of infringement of trademark, copyright, trade secret and patent rights, unfair competition acts and violations of rights of publicity or privacy of any other person or entity.
Limitation of Liability
Neither PEx Online Community Corp. nor its clients shall be liable for: (i) any failure to provide reference or access to all or any part of the Website due to systems failures or other technological failures of the site or of the Internet; (ii) delays in delivery and/or non-delivery of content and/or advertisements, including, without limitation, difficulties with a third-party server, or electronic malfunction; and (iii) errors in content or omissions in any advertisement.
Moreover, PEx Online Community Corp. shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the forum and the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, even if PEX Online Community Corp. has been advised of the possibility of such damages.
PEx Online Community Corp. reserves the right to change and modify any of these terms and conditions at any time without prior notice. All Members are required to comply with any changes and modifications in the terms and conditions immediately.
PinoyExchange.com reserves the right to send email updates and notifications to its members.
This Agreement, and all matters arising under or relating to this Agreement, shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without giving effect to the choice of laws principles, and shall be treated in all respects as a contract entered into in the Philippines.
Members agree to settle any/all dispute(s) under this Agreement via binding arbitration in the Philippines.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.