MotoPinas.com.com strongly believes that the intellectual property rights of others should be respected, as well as our own property rights. We now ask you the user to do the same. MotoPinas.com may, with due process and at its discretion refuse access to, or terminate the accounts of users who infringe or violate the intellectual property rights of others. If you happen to believe that your work has been reproduced in any that constitutes copyright infringement, please contact MotoPinas.com and provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your address, telephone number, email address or whatever sufficient means to contact you;
- A written sworn statement by the complaining party, that expresses a good-faith belief that the disputed use is not authorized by the owner of the copyright, its agent or the law;
- A written sworn statement by the complaining party, under penalty of perjury, that the above information provided in your Notice is accurate and that the complaining party is the owner of the copyright or have been authorized by the copyright owner to act on his behalf.
MotoPinas.com materials may be reproduced and distributed on a limited basis for non-commercial purposes, provided that any material reproduced remains "as-is" and that all reproductions bear the following notice in a clearly visible position:
'©2016-2021 MotoPinas.com, Inc. All Rights Reserved.'
These material may not in any way be reproduced or redistributed for commercial purposes or for compensation of any kind without prior written permission from MotoPinas.com, Inc.. If you have any questions or comments regarding these terms or would like information about licensing materials from MotoPinas.com, please send email to webmaster[at]motopinas.com.
"MotoPinas.com" is the on-line service operated by MotoPinas.com, Inc. on the World Wide Web of the Internet, consisting of information services and content provided by MotoPinas.com, affiliates of MotoPinas.com and other third parties. "User" means each person who establishes or accesses a connection for access to and use of MotoPinas.
- This Agreement, which incorporates by reference other provisions applicable to use of MotoPinas.com. By using MotoPinas (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof.
- MotoPinas.com shall have the right at any time to change or discontinue any aspect or feature of MotoPinas, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
MotoPinas.com shall have the right at any time to change or modify the terms and conditions applicable to use of MotoPinas, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on MotoPinas, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of MotoPinas by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
4. User Conduct.
- User shall use MotoPinas for lawful purposes only. User shall not post or transmit through MotoPinas any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MotoPinas.com' express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in MotoPinas.com's discretion restricts or inhibits any other User from using or enjoying MotoPinas will not be permitted. User shall not use MotoPinas to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with MotoPinas.
- MotoPinas contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of MotoPinas are copyrighted as a collective work under the Philippine copyright laws. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of MotoPinas.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
- User shall not upload, post or otherwise make available on MotoPinas.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of MotoPinas, User automatically grants, or warrants that the owner of such material has expressly granted MotoPinas.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants MotoPinas.com the right to edit, copy, publish, distribute and delete any material made available on MotoPinas.com by User.
- The foregoing provisions of Section 4 are for the benefit of MotoPinas.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Disclaimer of Warranty; Limitation of Liability.
- USER EXPRESSLY AGREES THAT USE OF MOTOPINAS IS AT USER'S SOLE RISK. NEITHER MotoPinas.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT MOTOPINAS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MOTOPINAS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH MOTOPINAS.
- MOTOPINAS IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT MOTOPINAS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
- IN NO EVENT WILL MotoPinas.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING MOTOPINAS OR THE MOTOPINAS SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE MOTOPINAS.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON MOTOPINAS.COM.
- IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, MOTOPINAS.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN MOTOPINAS, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
MotoPinas.com shall have the right, but not the obligation, to monitor the content of MotoPinas, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by MotoPinas.com and to satisfy any law, regulation or authorized government request. MotoPinas.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on MotoPinas. Without limiting the foregoing, MotoPinas.com shall have the right to remove any material that MotoPinas.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless MotoPinas.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of MotoPinas by User.
Either MotoPinas.com or User may terminate this Agreement at any time. Without limiting the foregoing, MotoPinas.com shall have the right to immediately terminate User's Account in the event of any conduct by User which MotoPinas.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 5(b), 5(c), 5(d), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
MP, MotoPinas, MotoPinas.com, and each of their logos are trademarks of MotoPinas.com, Inc. All rights reserved. All other trademarks appearing on MotoPinas.com are the property of their respective owners.
10. Third Party Content.
MotoPinas.com is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, MotoPinas.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of MotoPinas, are those of the respective author(s) or distributor(s) and not of MotoPinas.com. Neither MotoPinas.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through MotoPinas.com represents the opinions and judgments of the respective information provider, User, whether or not under contract with MotoPinas.com. MotoPinas.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on MotoPinas by anyone other than authorized MotoPinas.com employee spokespersons while acting in their official capacities. Under no circumstances will MotoPinas.com be liable for any loss or damage caused by a User's reliance on information obtained through MotoPinas. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through MotoPinas. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for MotoPinas established by MotoPinas.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Philippines, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.