Last revised on February 09, 2009
Welcome to PinoLove.com, the international service that provides a way for adults from the Philippines and around the world to meet each other online.
PinoLove.com (“the Website” ) is one of a number of websites operated under licence by Quality Holdings Co., Ltd (“the Company”, “we”, “our” or “us”), a company registered in Thailand whose registered office address is 3rd Floor, Muang Mai Building, 9/17 M.6 Thepkrasattri Rd., T. Rassada, A. Muang, Phuket 83000, Thailand.
When you use any of the websites within the Quality Holdings Co. Ltd group of communities and/or register as a member or sign up for any service at one or more of those websites (individually and collectively, “the Service”) you agree to abide by all of the terms and conditions below.
IMPORTANT NOTICE: IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE AND/OR THE SERVICE.
Please read the following terms and conditions carefully before entering the Website or registering for the Service, as they constitute a legal agreement (the “Agreement”) between you and us with respect to your use of the Website and/or the Service. By using the Website and/or the Service you are agreeing to be bound by this Agreement, including all amendments made to date:
This service is for adults only. You must be 18 or over to register as a member of or use the Website. By using and/or viewing the Website and/or the Service you represent, warrant and covenant that you are at least 18 years of age, that you are not prohibited by law from using the Website and/or the Service, and that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions. Membership of the Service is void where it has been prohibited.
Scope of Our Service.
Our Service enables you to contact other members. We are not a marriage or partner brokering service or agency of any kind and we are not obligated to successfully broker any other persons for you. We cannot guarantee and do not promise any specific results from the use of the Website and/or the Service.
At Your Own Risk.
You understand and agree that use of the Website and/or the Service is entirely at your own risk and that you are solely responsible for your interactions with other members or users. You also understand and acknowledge that we do not in any way vet or screen members of the Service or users of the Website nor inquire into or check their backgrounds or attempt to verify any statements or information they provide.
You agree to use caution and common sense, and give constant regard to your personal safety, whenever you use the Website and/or the Service. You also agree to review the Safety Tips on the Website prior to using the Service and to take reasonable precautions before, during and after any and all interactions with members of the Service or users of the Website, particularly if you decide to meet them in person.
You agree never to send other users of the Website or members of the Service money or access to your personal financial information (such as your credit card or bank account number).
Member Compatibility and Matching.
You acknowledge that we make no representation or warranty whatsoever as to the conduct of our members or their compatibility with any current or future members and that we make no guarantees, express or implied, regarding your actual and/or ultimate compatibility with any individuals whom you meet as a result of using the Website and/or the Service.
Right to Use.
Your right to access and use the Website and/or the Service is subject to any limitations, conditions and/or restrictions imposed by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Website and/or the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Website and/or the Service or restrict your access to parts or all of the Website and/or Service without notice or liability.
Access to the Website and/or the Service.
Whilst we strive to ensure the Website and the Service is available all day every day, you understand that the Website and/or the Service may occasionally be temporarily interrupted or suspended without notice for maintenance or repair, or due to technical failures or reasons beyond our control. You agree that we are not responsible for any suspension of the Website and/or the Service, regardless of the cause of the interruption or suspension and that we may discontinue or change the Website and/or the Service (or your ability to access it) at any time. If, in our sole and absolute discretion, we believe that you have violated one or more of the terms of this Agreement then we may block your account(s), delete prohibited content, prevent publication of all or part of your profile and/or block your access to all or part of the Service, either permanently or temporarily.
Your account is private and should not be used by or shared with anyone else. You alone are responsible for maintaining the confidentiality of the username and password that you use to access the Service, and you are fully responsible for all usage or activity that occurs under your username and password, including but not limited to use of your password by any third party. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you sign-out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision.
NOTE: You should exercise particular caution when accessing your account from a public or shared computer to prevent others from viewing or recording your password or other personal information. If you share your computer with others, you should consider disabling your auto-sign in feature.
Accuracy and Reliability of Information.
We do not represent or endorse the accuracy or reliability of any member profile (including, but not limited to, any member profile which we may present to you as being compatible with your pre-selected search criteria), advice, opinion, statement, photograph, image or other information displayed, uploaded or distributed through the Website and/or Service by us, our partners or any member or user of the Website and/or the Service or any other person or entity. You acknowledge that any reliance upon any such member profile, advice, opinion, statement, photograph, image or other information is solely at your own risk.
We are not involved in member interactions, so in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the Website and/or the Service, you release us (including our officers, directors, agents, licensors, subsidiaries, employees, agents, affiliates and other partners) from claims, actions, demands and damages (actual and consequential) of every kind and nature (whether known, suspected and/or disclosed or not) arising out of or in any way connected with such disputes. We reserve the right, but have no obligation, to monitor disputes between you and other members.
Monitoring of Information.
We reserve the right to monitor any and all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be in force from time to time.
Registration and Subscription
Adults may register for free on the Website and become a Standard Member (“Free Member”) of the Service at no cost. Standard Members can reply to all emails and instant messages received from other members and may use some, but not all, of the features of the Service, as stipulated by us from time to time.
Gold and VIP Membership.
To enjoy full access to the main features of the Service, Standard Members must upgrade their membership to either Gold or VIP Member status by choosing a subscription plan and paying a subscription fee in full in accordance with the current subscription price list as posted on the Service from time to time. As paying members of the Service (hereinafter “Subscriber(s)”) Gold and VIP members may send and receive unlimited emails and Instant Messages (“IMs”) as well as enjoying significant extra site features and benefits.
Additional, Paid Features.
Certain additional features of the Service ("Paid Features") may be available from time to time at an extra charge to Gold or VIP subscribers. Details of these, if available, and pricing information will appear on the Website and/or the Service.
Term and Termination
This Agreement will remain in full force and effect while you are a member of the Service.
Termination by You.
You may stop using the Service at any time and for any reason.
Termination by Us.
We reserve the right, in our sole and absolute discretion, to terminate, change, block or suspend your access to all or part of the Service at any time, with or without notice, for any or no reason, including, without limitation, breach of this Agreement.
Without limitation to the generality of the foregoing, any fraudulent, abusive or illegal activity, or any act or omission that may otherwise affect others’ enjoyment of the Website, the Service or the Internet may well be grounds for termination of your access to all or part of the Service at our sole discretion, and we may also report you to the appropriate law enforcement agency or agencies.
De-activation of Old Accounts.
We reserve the right and it is our standard policy to deactivate the accounts of members who have not used the Service for a period of six months or more (as calculated by the date of last connection to the Service) unless they are paying subscribers to the Service.
You must use the Service in an appropriate manner consistent with any and all applicable laws and regulations. We reserve the right to investigate and terminate your membership if you have misused the Service in an unlawful or illegal way, or behaved in a way that we, in our absolute discretion, consider to be inappropriate.
Content Posted on the Website or the Service
We claim immunity from liability to the fullest extent under the law for any messages, emails, text, photos, images, video, sound recordings, profiles or other content or materials (hereinafter, "Content") provided by members and/or third parties and nothing in this Agreement is intended to waive, remove or lessen such immunity.
Notice: The legal notice and disclaimers below are without prejudice to any mandatory legal rights that cannot be excluded under applicable law including your statutory rights as a consumer
- The information that you submit to us, publish, display or post (hereinafter, "Post") on the Website or in relation to the Service must be accurate and conform to reality.
- You are solely responsible for any Content that you Post on the Website and/or the Service, or transmit to us or other members via the Website and/or the Service. You represent and warrant that at any time of posting the Content is (a) accurate, (b) not in breach of this Agreement, and (c) not harmful to any person in any way.
- You understand and agree that we may review and delete any Content that we in our absolute discretion believe breaches this Agreement or that we believe might be offensive, illegal, or violate the rights of, harm or threaten the safety of the Company, our members or anyone else.
- By posting Content to any public area of the Website you automatically grant, and you represent and warrant that you have the right to grant, to us and our members an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sub-licences of the foregoing.
- You understand and agree that your profile and Content may be searchable by, and you may be able to search for the profiles and Content of, members registered to other Company-operated and "powered by" websites, e.g. co-branded, privately labelled etc. This feature may allow you to interact with additional members of our websites.
- You understand and agree that your profile and Content may be searchable by third-party publicly available search engines.
We provide the Website and the Service to you on an "as is" basis. This means that to the maximum extent permitted by law we expressly disclaim and exclude any warranty, representation, condition or other term of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability, quality, fitness for a particular purpose, non-infringement and the use of reasonable skill and care which but for this legal notice might have applied.
In particular, but without limitation in any way to the generality of the foregoing, you understand and agree that under no circumstances is the Company (including its officers, directors, licensors, employees, subsidiaries, affiliates, agents or other partners) to be held responsible or liable for:
- any delays, omissions, and interruptions in the availability of the Service howsoever caused, or for any consequences whatsoever of any such delays, omissions or interruptions
- any loss or damage resulting from anyone's use of the Website or the Service and/or any content posted on the Website and/or the Service or transmitted to our members of the Service or users of the Website
- any false or inaccurate content posted on the Website or published or transmitted in any way in connection with the Service, whether caused by us, our users or members, third parties or by any of the equipment, programming or software associated with or utilized by the Service
- the conduct, whether online or offline, of users of the Website or members of the Service. Please use caution and common sense when using the Website and/or the Service.
- any problems or technical malfunction of any telephone network or lines, computer systems, servers or online providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website or the Service.
- any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications.
Limitation of Liability
Except for any liability of ours which cannot be excluded or limited under applicable law in certain jurisdictions (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will the Company (including its officers, directors, licensors, employees, subsidiaries and agents or other partners) be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, special, punitive, consequential, exemplary or punitive damages or loss, or any loss of income, profits, goodwill, data, contracts or use of money, or any loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the Service or the Website in any way or in connection with the use, inability to use or the results of use of the Website and/or the Service, even when we have been advised of the possibility of any such damage or loss.
Subject to the above and notwithstanding anything to the contrary contained herein, our liability to you for any cause or claim whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to us for the Service during the relevant period of membership.
In the event that a claim or action is brought against us and/or any of our officers, directors, licensors, subsidiaries, employees, affiliates, agents or other partners from your activities or use of the Website or the Service, including but not limited to any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us and/or any of our officers, directors, employees and agents in the claim or action. For the avoidance of doubt this shall include, but not be limited to, indemnifying us and/or our officers, directors, employees, affiliates and agents, from any loss or damages we may suffer, including without limitation reasonable legal fees. You also agree to cooperate as fully as reasonably required in the defence of any such claim or action and to allow us, at our absolute discretion, to assume the exclusive defence and control of the matter, provided, however, that you shall remain liable for any such claim.
In the event that you have any claim or action against any other member arising from that member's use of our Website or the Service, you agree to pursue such claim or action independently of and without any demands from us and/or any of our officers, directors, licensors, subsidiaries, employees, affiliates, agents or other partners and you release us and/or them from all claims, liability and damages, arising from or in any way connected to the claim or action.
You further agree to hold us (including our officers, directors, agents, subsidiaries and employees) harmless for claims arising in the event that the profile of a user of the Website and/or a member of the Service ultimately proves to be offensive, harmful, inaccurate and/or deceptive.
Proprietary Information & Copyright Policy
We retain under licence all proprietary rights in the Website and the Service, and we assert full copyright protection in all materials on the Website and the Service. The Website and the Service contain information which is proprietary to us and/or our licensors, partners and users and (except for that information which is in the public domain) you may not reproduce, modify, copy, publish, perform, sell, re-sell, display, create derivative works from, transmit, upload or distribute any such intellectual property and/or proprietary information or materials in any way without the express written permission of the owner. Except as expressly stated in this Agreement, we nor any of our officers, directors, licensors, subsidiaries, employees, affiliates, agents or other partners grant any express or implied right to you under any of our trademarks, copyrights or other intellectual property or proprietary information.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please inform our Copyright Agent of this here.
You and Us.
You understand and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website and/or the Service.
Non-Commercial Use by Members.
The Website and the Service are for the personal use of individual users and members only and may not be used by, or in connection with, any commercial enterprise or endeavour. Organizations, societies, companies, groups and/or businesses of any kind may not become members and should not use the Service or the Website for any purpose, including but not limited to i) sending unsolicited commercial e-mail to members, ii) sending users and members advertisements for other web sites and services, or iii) using member personal identifying information for commercial purposes.
We may modify this Agreement from time to time. If we do, we will give you reasonable notice of this in advance either by posting details of the amendments on the Service or by sending them to you by electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement and any altered or amended terms and conditions.
Severance and Governing Law.
This Agreement is entered into in Phuket, Thailand and will be governed by the laws of Thailand. If there is any dispute involving us or the Website and/or the Service you agree to personal and exclusive jurisdiction by and venue in the courts of Phuket, Thailand without regard to any conflict of law provisions.
Invalid or Unenforceable Provisions.
If any provision in this Agreement is held to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and limitations on liability above, then that provision will be deemed to have been replaced by whichever valid and enforceable provision most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect.
Should we fail to act with respect to a breach by you of this Agreement we reserve our right to act with respect to subsequent or similar breaches.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section
You do not have the right to assign, convey, subcontract, share or delegate any of your rights, duties or obligations under this Agreement or any of your rights to the Service to anyone. We may assign, convey, subcontract, share or delegate any of our rights, duties or obligations under this Agreement or to the Service to any third party in our sole and absolute discretion. In the event that a third party assumes our obligations under this Agreement, we shall cease to have any liability whatsoever under this Agreement.
If you have any questions about this Agreement or your rights, duties and obligations outlined above, please contact us here
© 2009 Quality Holdings Co., Ltd.