Welcome to PinoyTalk.com, the service where people meet each other, chat and exchange views, and manage personal data online. Please take the time to read these Terms of Service, as it is important to understand our contractual relationship relating to your use of our service.

This agreement represents the terms and conditions governing the use of this website and the agreement that operates between you and PinoyTalk, (the "Terms"). These terms set out the rights and obligations of all members ("members") and those of PinoyTalk ("PinoyTalk") in relation to the services offered through this website (hereinafter collectively known as "PinoyTalk services"). These terms apply to the entire contents of all websites under the domain name PinoyTalk.com ("website").

1. Eligibility

You must be Thirteen years or over to register as a member of PinoyTalk or to use this service. By using this website, you warrant that you have the right and capacity to enter into this Agreement and to abide by all its terms and conditions.

2. Membership Types

Everyone who registers with PinoyTalk becomes a 'Member'. There are two types of membership - Standard (free) and Premium. Standard (free) members have access to all basic services. Premium memberships include access to all services offered in the free version, but include optional services such as additional storage capacity, POP3/IMAP email access, advertisement supression, and others. Details will be made available at a later date when the enhanced services are ready.

Any member found to be abusing the service may have their membership suspended or cancelled. We reserve the right to cancel your membership, with or without reason, with immediate effect.

Please note that accounts cannot have more than one user for safety and privacy reasons.

3. Account Suspension / Termination

In the event that your account is not used for a period of 90 consecutive days, the account will be put on hold and you will be notified at your alternate email address. If, after a further 30 days the account has still not been used, it will be terminated and any and all address books, images, and other content will be deleted. The account name will then also be made available to the general public for reuse.

4. Payment and Cancellation of Service

(a) Payment for Premium member services requested must be paid in full, by credit card or debit card or PayPlus+, online at the time of registration, or by cheque/postal order/bank draft to us.

(b) Premium membership will be billed monthly, quarterly or yearly as you indicate in your registration. As such we will need at least three working days notice before billing is to occur. Membership is billed on a re-occurring basis until you decide to cancel your membership.

(c) Premium member services are provided from the time when your registration and fee is processed. This means that you will not be entitled to cancel your membership within the 'cooling-off' period that may be provided for certain purchases under Consumer Protection legislation.

(d) We reserve the right to cancel your Premium membership, with or without reason, with immediate effect for breach of the terms of service agreement. In this event we will NOT credit you for any unused but already paid for time. Refunds may under certain conditions be granted for cancellations not related to violation of the terms of service. In such situations, an administration charge may be required to process any refund.

(e) You agree that PinoyTalk may, from time to time, offer promotional rates to new or existing members of the Website or partners sites. You also agree that PinoyTalk may charge additional payment for other services provided on the site, including but not limited to SMS. You will be made aware of these charges when you click on the relevant service.

(f) Once you become a PinoyTalk member, we reserve the right to send you future site reminders or promotional offers by e-mail. This will apply even if you have deactivated your account. If you do not wish to receive such information, please send us an e-mail to support@PinoyTalk.com and you will receive no future contact from us.

5. Member Content and Code of Conduct

In line with our policy and desire to make this site and, particularly all public areas such as the Chat Rooms and Forums a clean and friendly place we will be using a points system for violators who persistently post offensive content or generally behave in an anti-social manner. Accumulation of 50 points over a 90 day period will result in cancellation of membership.

(a) You are solely responsible for the content that you publish or post on the Website or send to other Members.

(b) You may not include in your profile any offensive (see section c below) content. ( 10 points )

(c) You agree not to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable. ( 30 points )

(d) You agree not to misuse the website (including, without limitation, by hacking or cracking). ( 20 points )

(e) You agree not to post any or all of the following, which is a sample only of some of the activities that will be deemed unacceptable and which could give rise to the suspension or cancellation of membership or other rights of action as may be necessary. It will be unacceptable to post any content

• That contains false or misleading information;
• of people who are under 18 years of age; ( 10 points )
• involving purely sexual relationships; ( 10 points )
• containing sexual or suggestive language; ( 10 points )
• containing references to illegal practices; ( 10 points )
• containing offence or threatening remarks ( 10 points )
• containing libelous or unlawful remarks; ( 10 points )
• which encourages others to break these terms of service. ( 5 points)
• which involves the transmission of 'junk mail', 'chain letters' or 'Spam'. ( 10 points )
• that engages in commercial activities such as advertising, contests, lotteries, barter or any other such schemes. ( 5 points )

(f) Please respect your fellow members and the people who bring you this service. Anybody found pretending to be someone else for the purpose of deception will be instantly and permantly banned.

(g) We will fully cooperate with any and all appropriate law enforcement agency or court order requesting or directing us to disclose the identity or locate anyone posting any material illegal in nature. This includes but is not limited to spam, scams, child pornography, and others.

6. User Names

User names containing references of a sexual nature, rude, offensive or otherwise illegal will not be allowed. This also applies to trade or copyrightable names. If a name is initially allowed, but it is later brought to our attention that name is protected by copyright or otherwise protected by law, the name will be deleted and we will ask the member to choose a new name.

7. Privacy

Use of the website is governed by our Privacy Policy.

8. Photographs

All profile images and photographs will be checked and reviewed before being posted to the website and only those pictures which we believe to be genuine will be used. You are not permitted to post obscene images, images of nude or partial nudity or photos of a sexual nature, images of actors or models, or copyrightable material which you are not the owner of. We reserve the right to post your image or any other image, the right to crop images and the right to display the image on different pages throughout the website, and not just on your profile page.

Photographs posted to personal image galleries that are publically viewable must also conform to to same decency and copyright conditions above. They may however be of any subject matter that is not generally offensive in nature. Photographs posted to private image galleries can be anything as long as the content is not illegal in nature. Photographs in private galleries will not be monitored by PinoyTalk staff unless complaints are received or we have reason to believe that the material is otherwise being made public.

9. User Material

Other than personally identifiable information, which is covered under the Privacy Policy, any material that you transmit or post to this website on through the PinoyTalk services will be considered non-confidential and non-proprietary. The company will have no obligations with respect to such material. The company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

We reserve the right to refuse any profile or photograph that we feel is inappropriate for this site or make changes to the profile or message. We also reserve the right to add or remove certain services on the website.

10. Member Disputes

You are solely responsible for your interactions with other PinoyTalk members. However, PinoyTalk reserves the right but has no obligation to monitor disputes between you and other members.

11. Offline Meetings

It is your decision if and when you meet another member offline. Any offline meeting between the users of this Website including member organized events or PinoyTalk organized events is purely the responsibility of each such user. However, we strongly recommend caution if you are planning to do so.

12. Service Access

While we try to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason it or any partner PinoyTalk service is unavailable at any time for a particular period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

13. Complaints

If you have any complaints regarding the PinoyTalk services please contact us at support@PinoyTalk.com.

14. Disclaimers

(a) PinoyTalk is not responsible for the conduct, whether online or offline, of any user of the Website.

(b) The Terms and information contained on the website may change from time to time without notice and therefore each time you use this website you should check these terms and any relevant information for yourself. Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to, via or obtained from this website and do not vouch for the character of those other members that you meet on the website, unless otherwise expressly set out on this website.

(c) ALL MATERIALS POSTED ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES EXPRESS, IMPLIED OR OTHERWISE HOWSOEVER ARISING.

(d) TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO LAW, BUT WITHOUT EXCLUDING ANYTHING THAT MAY NOT LAWFULLY BE EXCLUDED IN THE CASE OF CONSUMERS, WE DISCLAIM ALL WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

(e) Under no circumstances whatsoever will we be responsible for any personal or psychiatric injury, distress, upset or trauma, loss or damage to you or anyone else resulting from your use of the PinoyTalk services, nor from your access to transmissions posted by others, nor resulting from your reliance upon material posted by others on the PinoyTalk services or to you or other members. We reserve the right but have no obligation to monitor the materials posted on the PinoyTalk services and reserve the right to remove any such material at our sole and unfettered discretion. Notwithstanding our right in this regard, you remain solely responsible for the content of the material you post on the website or to other members.

15. Hypertext Links

This website may be linked to or from other websites that are not maintained by us. We are not responsible for the content of those websites. The inclusion of any link to or from such websites does not imply endorsement, sponsorship or recommendation by us of the websites and we disclaim any warranty (expressed, implied or otherwise howsoever arising) about the content and operation of these sites. We disclaim any liability for links: (i) from another website to this website; and (ii) to another website from this website.

16. Use of Client's Contact Information

You agree and consent that we may use your contact information (i.e. e-mail, postal address and/or other contact details) in order to contact you with regard to your use of the PinoyTalk services.

17. Limitation of Liability

(a) Nothing in these terms shall limit our liability for death or personal injury resulting from our negligence, or for fraud.

(b) We will not be liable under this contract for any loss or damage caused whether or not by us or our employees or agents or other members, in circumstances where:-

(i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

(ii) such loss or damage is not a reasonably foreseeable result of any such breach;

(iii) there is any increase in loss or damage resulting from breach by you of any term of this contract;

(iv) the losses are business losses, and/or losses to non-consumers.

18. Assignment

These terms and the agreement are between you and PinoyTalk. You are not entitled to assign or delegate your rights under them.

19. Intellectual Property

All intellectual property and information on this site is owned by us or is licensed to us and you shall not copy these without our permission. This does not prevent you using this website to the extent necessary to avail of the PinoyTalk services.

NOTE: Section 18 will be updated not to include member data - such as private files and image galleries.

20. Amendment of the Terms

PinoyTalk reserves the right to amend these Terms and Conditions and will post any changes on the Website as they happen. Each time you use this website you will be bound by the then current terms and you should review these each time you make a visit to the site to satisfy yourself that you are happy with them.

21. Severability

These terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions.

22. Headings

The headings used in these Terms and Conditions are included for convenience only and shall not define, extend, limit or otherwise affect these terms.

23. Force Majeure

Neither you nor PinoyTalk shall be liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by circumstances beyond your or our reasonable control, including but not limited to acts of God, war, civil commotion or industrial dispute ("force majeure"). If such delay or failure continues for at least 30 days, the party not subject to the force majeure shall be entitled to terminate this Agreement by notice in writing to the other. The party subject to the event of force majeure shall, as soon as practicable, give notice of the event to the other party, such notice to include a reasonable forecast of the duration of the event.

24. Governing Law

The Terms of Service and the relationship between you and PinoyTalk shall be governed by the laws of Hong Kong without regard to its conflict of law provisions.Your use of this website indicates that you accept these Terms of Service and the Privacy Policy regardless of whether or not you choose to register with us. If you have any questions, please email us at support@PinoyTalk.com.